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T R O U B L E D C O M P A N Y R E P O R T E R
Thursday, July 31, 2025, Vol. 29, No. 211
Headlines
23ANDME HOLDING: Ombudsman Hires Husch Blackwell LLP as Counsel
3005 WILJAN: Gets Interim OK to Use Cash Collateral Until Aug. 31
3GEN ROOFING: Hires Shane Heskin as Special Counsel
604 ESPLANADE: Seeks to Hire Sternberg Naccari & White as Counsel
8TH STREET NE: Case Summary & One Unsecured Creditor
ACCELERATE DIAGNOSTICS: Faces Nasdaq Delisting on July 31
ACTION IMPORTS: Hires Rankin and Khan LLP as Accountant
ADAPTIVE 3D: Seeks Chapter 11 Bankruptcy in Texas
ADC AND T: Deadline for Panel Questionnaires Set for Aug. 4
ADVANCE AUTO: Moody's Lowers CFR to Ba3, Outlook Negative
ALACHUA GOVERNMENT: Taps Epiq Corporate as Administrative Advisor
ALIGNED MEDICAL: Court Extends Cash Collateral Access to Aug. 31
ALIXPARTNERS LLP: S&P Rates New Senior Secured Term Loans 'B+'
ALLECOM CORP: Unsecureds Will Get 2% to 3% of Claims in Plan
ALTICE USA: Millennium Entities Hold 3.1% Stake as of June 30
APPTECH PAYMENTS: Nasdaq to Delist Securities on July 31
AQUA SPAS: Kevin Neiman Named Subchapter V Trustee
ARCHDIOCESE OF NEW ORLEANS: Seeks OK for Abuse Cases Insurer Deals
ARP HOSPITALITY: Case Summary & 20 Largest Unsecured Creditors
ASP UNIFRAX: Fitch Affirms & Then Withdraws 'CCC' LongTerm IDR
ATLAS CC: Moody's Cuts Rating on Senior Secured Term Loan to Caa2
AUSTIN WATERJET: Hires Munsch Hardt Kopf as Counsel
B & H MANAGEMENT: Case Summary & 20 Largest Unsecured Creditors
B & W ENTERPRISES: Joseph Richard Moore Named Subchapter V Trustee
B&T INVESTMENT: Seeks Chapter 11 Bankruptcy in Florida
B&W INC: Hires DeMarco·Mitchell PLLC as Counsel
BACK DRAUGHTS: Ruediger Mueller of TCMI Named Subchapter V Trustee
BALERNO CASTLE: Seeks to Hire Tang & Associates as Counsel
BAUSCH HEALTH: Plans to Slash Debt by $900MM w/ Cash on Hand
BEDMAR LLC: Fights Trustee's Bid to Dismiss Chapter 11 Bankruptcy
BEELINE HOLDINGS: Sets Aug. 14 for Q2 Results and Stakeholder Call
BISHOP OF FRESNO: Taps Mr. Long as Restructuring Coordinator
BLH TOPCO: Seeks to Extend Plan Exclusivity to October 22
BLUE HEATING: Jonathan Dickey Named Subchapter V Trustee
BMX TRANSPORT: Seeks to Extend Plan Exclusivity to January 15, 2026
BOZELL AND JACOBS: Hires Turner Legal Group as Counsel
BREWER TAFLA DENTAL: Seeks Chapter 11 Bankruptcy in Texas
BREWER'S LAWN: Hires Shane Heskin Esq. as Special Counsel
BRIGHT GREEN: Hires Michael Best & Friedrich as Counsel
BURNT LLC: Areya Holder Aurzada Named Subchapter V Trustee
BURNT LLC: Hires Demarco·Mitchell PLLC as Counsel
BYJU'S ALPHA: Founders Question Chapter 11 Suit Jurisdiction
CAREERBUILDER + MONSTER: Sales Approved After Robust Auction
CBRM REALTY: Amends Plan to Include Crown Capital Interests Details
CCM MERGER: S&P Withdraws 'B+' Issuer Credit Rating
CELSIUS NETWORK: Secures Key Jurisdictional Customer Clawbacks Win
CHARLES MONEY: Unsecureds Will Get 100% of Claims in Plan
CHC GROUP: S&P Assigns 'B' Issuer Credit Rating, Outlook Stable
CIMG INC: Reports $8.56 Million Net Loss in FY24
CINEMEX HOLDINGS: Opposes MN Theaters' Bid to Form Creditors Panel
CIVITAS RESOURCES: Fitch Affirms 'BB+' LongTerm IDR, Outlook Stable
COAL NEW HAVEN: Claims to be Paid from Plan Funder
COMMUNITY HEALTH: Labcorp to Acquire Outreach Lab Assets for $195M
COMMUNITY HEALTH: S&P Assigns 'B-' Rating in $1.5BB Secured Notes
CONSOLIDATED APPAREL: Unsecureds to Get $500 per Month over 5 Years
CONSOLIDATED BURGER: Seeks to Extend Plan Exclusivity to Sept. 26
CORVIAS CAMPUS: Asks Court to Reject Bid to Move Chapter 11 to Ga.
COWTOWN BUS: Claims to be Paid from Property Sale Proceeds
CPPIB OVM: S&P Affirms 'B+' ICR on Proposed Term Loan B Upsizing
CTCHGC LLC: Seeks to Hire John E. Jonson CPA as Accountant
D RAIL TRANSPORT: Case Summary & 20 Largest Unsecured Creditors
DARE BIOSCIENCE: Says Equity Above $2.5M Minimum Required by Nasdaq
DATAVAULT AI: Inks $50M ATM Sales Agreement With Maxim Group
DE'NSITE INC: Seeks Subchapter V Bankruptcy in Illinois
DENOYER-GEPPERT: Case Summary & 18 Unsecured Creditors
DIOCESE OF ROCHESTER: Judge Set to Approve $246MM Chapter 11 Plan
DISCO INTERMEDIATE: S&P Assigns 'B-' ICR, Outlook Stable
DOLCE BALLOONS: Linda Leali Named Subchapter V Trustee
DRSN GROUP: Gary Murphey of Resurgence Named Subchapter V Trustee
E.W. SCRIPPS: S&P Rates Senior Secured Second-Lien Notes 'CCC+'
EAZY-PZ LLC: Hires Williams Intellectual as Special Counsel
EDGEWOOD HOSPITALITY: Walter Dahl Named Subchapter V Trustee
EL DORADO SENIOR: Seeks to Use Cash Collateral
ENNIS I-45: Court Extends Cash Collateral Access to Aug. 31
ENVISIONTEC US: Seeks Chapter 11 Bankruptcy in Texas
ESSENZA EDGEWATER: Section 341(a) Meeting of Creditors on August 29
EXCELL COMMUNICATIONS: Seeks to Extend Plan Exclusivity to Oct. 11
FINCO I LLC: Moody's Affirms 'Ba1' CFR, Outlook Remains Stable
FIRST ACCEPTANCE: A.M. Best Affirms C++(Marginal) FS Rating
FIRST BRANDS: Moody's Affirms B2 CFR & Rates New First Lien Debt B1
FLEET RENTS: Unsecureds Will Get 15.9% of Claims over 60 Months
FLORIDA FOOD: In Talks with Lenders to Boost Balance Sheet
FRANCIS TRUST: Gets Final OK to Use Cash Collateral Until Oct. 11
FREE SPEECH: Jones' Truck, Rental Property, Watches May Hit Auction
FTX TRADING: Gellert Seitz & Morgan Represent M&M FTX Customers
FULLER'S SERVICE: Unsecured Creditors to Split $300K over 5 Years
FUTURA ENTERPRISES: Gets Interim OK to Use Cash Collateral
GEORGIA VASCULAR: Gets OK to Use Cash Collateral Until Aug. 7
GSA BIRMINGHAM: Moody's Cuts Rating on 2021 Revenue Bonds to Ba3
GTCR EVEREST: Moody's Affirms 'B2' CFR, Outlook Remains Stable
GYLMAR DEVELOPMENTS: Seeks Subchapter V Bankruptcy in Florida
HALL OF FAME: Nasdaq to Delist Securities on July 31
HOOTERS OF AMERICA: Seeks to Extend Plan Exclusivity to Sept. 27
I-INSPIRE DANCE: Tamara Miles Ogier Named Subchapter V Trustee
ICORECONNECT INC: Gets Extension to Access Cash Collateral
IMPRO SYNERGIES: Hires Mancuso Law P.A. as Counsel
INDIAN CREEK: Seeks Chapter 11 Bankruptcy in Colorado
INTERNATIONAL DIRECTIONAL: Cash Collateral Hearing Set for Today
ION CORPORATE: S&P Affirms 'B' ICR, Outlook Stable
IQSTEL INC: Highlights Strategic Progress in Shareholder Letter
IYA FOODS: Court Extends Cash Collateral Access to Aug. 16
JAMANA LLC: Case Summary & Seven Unsecured Creditors
JERK PIT: Seeks Court Approval to Hire Milbank LLP as Legal Counsel
JOSEPH G. BABA: Seeks Subchapter V Bankruptcy in Kansas
KALEIDOSCOPE SCHOOL: Hires Lyda Law Firm as Bankruptcy Counsel
KRBJ INVESTMENTS: Behrooz Vida Named Subchapter V Trustee
LBM ACQUISITION: S&P Assigns 'B-' Rating on Proposed Secured Debt
LIGHT OF HOPE: Aleida Martinez Molina Named Subchapter V Trustee
LINQTO TEXAS: Deaton Law Represents Multiple Creditors
LML LOGISTICS: Unsecured Creditors to Split $46K over 3 Years
LONGWOOD UNIVERSITY: S&P Lowers Long-Term Bonds Rating to 'BB+'
LOOP MEDIA: Faces $361,800 Demand From CCC Under License Deal
MARI ARI: Chris Quinn Named Subchapter V Trustee
MARIN SOFTWARE: Faces Nasdaq Delisting on July 31
MAVENIR SYSTEMS: Finalizes Recapitalization, Cuts Debt by $1.3B
MEYER BURGER: Baker McKenzie & Morris Nichols Advise Ad Hoc Group
MISS BRENDA: Updates Unsecureds & Trident Claim Pay Details
MLB DESIGNS: Seeks Subchapter V Bankruptcy in California
MODIVCARE INC: Allspring Marks $272,000 Loan at 25% Off
MODIVCARE INC: Allspring Multi-Sector Marks $1.5M Loan at 33% Off
MODIVCARE INC: Explores Debt Restructuring Options
NANOVIBRONIX INC: Announces Initial Closing of Private Placement
NAPA FORD: Seeks Chapter 11 Bankruptcy in California
NATURALSHRIMP INC: BCRG Replaces Turner Stone & Company as Auditor
NEAL MEATS: G. Matt Barberich Named Subchapter V Trustee
NEUBERGER BERMAN 61: Moody's Assigns B3 Rating to $250,000 F Notes
NEW DIRECTION: Unsecureds Will Get 37.8% of Claims over 60 Months
NIKOLA CORP: Seeks to Reclassify SEC's $80.2MM Fraud Claim
NIKOLA CORP: Unsecureds Will Get 23.1% to 77.3% of Claims in Plan
NOBLE LIFE: Hires AFAB Lab Resources LLC as Appraisers
OAKTREE OCALA: Seeks Chapter 11 Bankruptcy in New York
ONDAS HOLDINGS: Fully Retires All Outstanding Convertible Notes
ONEMAIN FINANCE: S&P Rates New $500MM Senior Unsecured Notes 'BB'
OPGEN INC: Bonte Resigns as Director, Joins CapForce Subsidiary
OWL VENICE: Case Summary & 10 Unsecured Creditors
PAULAZ ENTERPRISES: Hearing Today on Bid to Use Cash Collateral
PBREIA LLC: Seeks to Hire Foley & Lardner LLP as Legal Counsel
PENNYMAC FINANCIAL: Moody's Affirms 'Ba2' CFR, Outlook Stable
PENNYMAC MORTGAGE: Moody's Affirms B1 CFR, Outlook Remains Stable
PIVOT OPERATIONS: Seeks to Hire McDonough CPA as Accountant
PRIME CORE: Litigation Trust Wants to Claw Back $2.1MM Transfers
REBORN COFFEE: Inks $1.7M Licensing Deal With Arjomand Group
RED RIVER: Seeger Weiss Appointed Lead Settlement Counsel in MDL
RENASCENCE INC: Gets OK to Use Cash Collateral Until Aug. 28
RENT-A-CHRISTMAS: Case Summary & 20 Largest Unsecured Creditors
RIVER FALL: Claims Will be Paid from Property Sale/Refinance
RUNITONETIME LLC: U.S. Trustee Appoints Creditors' Committee
RYVYL INC: Arena Entities Hold 8.7% Equity Stake
SAKS GLOBAL: Moody's Cuts CFR to Caa3 & Alters Outlook to Negative
SCHULTE INC: Gets OK to Use $154K in Cash Collateral Until Oct. 31
SENOIA DRUG: Gets Interim OK to Use Cash Collateral
SHARPLINK GAMING: Acquires 79,949 ETH Using $97M ATM Proceeds
SILVER AIRWAYS: Gets Court OK to Convert Chapter 11 to Chapter 7
SILVERGATE CAPITAL: Court Denies $89MM Chapter 11 Claim
SOLUNA HOLDINGS: Secures $20M for 35MW Project Kati Expansion
SOUTHWEST FIRE: Seeks Chapter 11 Bankruptcy in New Mexico
SOUTHWEST FT WORTH: Court Extends Cash Collateral Access to Aug. 4
SUNNOVA ENERGY: Committee Hires Berkeley as Financial Advisor
SUNNOVA ENERGY: Committee Hires Blank Rome LLP as Co-Counsel
SUNNOVA ENERGY: Committee Hires Willkie Farr as Co-Counsel
SUNNOVA ENERGY: Lenders Succeed in Purchasing Co.'s Assets
TEAM HEALTH: Moody's Hikes CFR to 'B3', Outlook Stable
THUNDER RIDE: Seeks to Hire Wadsworth Garber as Counsel
TRANSOCEAN LTD: Swaps $157M Bonds for 59M Shares
U S SKYLINE: Creditor Files Plan, Proposes to Sell Property
UNITED HAULING: Unsecured Creditors Will Get 100% over 3 Years
UNIVERSAL DESIGN: Hires William G. Haeberle P.A. as Accountant
UPHEALTH HOLDINGS: Wants $200MM Glocal Dispute Tossed
URBAN GIS: Hires Stanley M. Jackson Esq. as Counsel
UTICA TOWNSHIP: Dennis Perrey Named Subchapter V Trustee
VAN'S EQUIPMENT: U.S. Trustee Unable to Appoint Committee
VIEWBIX INC: Settles Gix Media Creditor Claims for $1.13M
VILLAGE OAKS SENIOR: Seeks Continued Cash Collateral Access
VILLAGE ON THE ISLE: Fitch Affirms 'BB+' IDR, Outlook Stable
VIVAKOR INC: Enters Forbearance and Amendment to $6.63M Note
VOLTZ INC: Gets Final OK to Use Cash Collateral Until Oct. 31
VSBROOKS INC: Case Summary & 20 Largest Unsecured Creditors
W&T OFFSHORE: Fitch Affirms 'B-' LongTerm IDR, Outlook Stable
WESTERN SKY: Edward Burr Named Subchapter V Trustee
WHITEEAGLE PROPERTIES: Seeks Subchapter V Bankruptcy in Kansas
WONDER LAKE: Fitch Assigns 'BB+sf' Rating on Class E Notes
X-LASER LLC: Gets OK to Use Cash Collateral Until Sept. 30
YELLOW CORP: Files New Plan After Pension Plans Ruling
ZEN JV: Committee Seeks to Hire Cole Schotz P.C. as Counsel
ZEN JV: Committee Seeks to Hire M3 Advisory as Financial Advisor
[^] Recent Small-Dollar & Individual Chapter 11 Filings
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23ANDME HOLDING: Ombudsman Hires Husch Blackwell LLP as Counsel
---------------------------------------------------------------
Neil M. Richards, the duly-appointed consumer privacy ombudsman of
23andMe Holding Co. and its affiliates, seeks approval from the
U.S. Bankruptcy Court for the Eastern District of Missouri to
employ Husch Blackwell LLP as counsel.
The firm's services include:
a. understanding applicable state, federal and foreign privacy
and data security laws, including, but not limited to genetic
privacy laws and regulations;
b. reviewing and assessing the implementation of and compliance
with privacy and data protection protocols and processes;
c. advising the CPO on the legal and technical aspects of the
cybersecurity practices of both the Debtors and any proposed
purchaser;
d. investigating any proposed sale or transfer of personally
identifiable information by the Debtors;
e. reporting to the Court on the information described in
Bankruptcy Code section 332(b);
f. providing advice to the CPO on issues of bankruptcy law and
procedure, including issues relating to sales under Bankruptcy Code
section 363, and the procedures applicable in this Court;
g. representing the CPO in any other matter that may arise in
connection with the CPO's service as consumer privacy ombudsman;
and
h. appearing before the Court in connection with the foregoing.
The firm will be paid at these rates:
Attorneys $375 to $1,250 per hour
Paralegals $225 to $500 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Miles disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Christopher C. Miles, Esq.
Husch Blackwell LLP
4801 Main Street, Suite 1000
Kansas City, MO 64112
Tel: (816) 983-8000
About 23andmeholding Co.
23andMe Holding Co. is a genetics-led consumer healthcare and
biotechnology company in San Francisco, Calif. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe and 11 affiliated debtors each filed a
voluntary petition for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mo. Lead Case No. 25-40976). 23andMe
disclosed $277,422,000 in total assets against $214,702,000 in
total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Morgan, Lewis &
Bockius, LLP and Carmody MacDonald, PC serve as legal counsel to
the Debtors while Alvarez & Marsal North America, LLC serve as the
restructuring advisor. The Debtors tapped Reevemark, LLC and Scale
Strategy Operations, LLC as communications advisors and Kroll
Restructuring Administration Services, LLC as claims agent.
Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter LLP serve
as special local counsel, investment banker, and legal advisor to
the Special Committee of 23andMe's Board of Directors,
respectively.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Debtors'
Chapter 11 cases. The committee tapped Kelley Drye & Warren, LLP
and Stinson, LLP as legal counsel and FTI Consulting, Inc. as
financial advisor.
3005 WILJAN: Gets Interim OK to Use Cash Collateral Until Aug. 31
-----------------------------------------------------------------
3005 Wiljan Court, LLC received a one-month extension from the U.S.
Bankruptcy Court for the Northern District of California, San
Francisco Division, to use the cash collateral of East West Bank.
The court approved a stipulation extending the Debtor's authority
to use its lender's cash collateral until August 31 to pay
$144,296.57 in expenses, including monthly payments to the lender
as adequate protection.
Unless otherwise agreed upon in writing by the lender, all cash
collateral generated by the Debtor's real property in Santa Rosa,
Calif., must be collected, received, maintained and held by the
Debtor in trust for the lender and subject to the security interest
and lien of the lender in the debtor-in-possession bank account.
As adequate protection, East West Bank will be granted a lien
pursuant to Section 361 of the Bankruptcy Code encumbering the cash
collateral not otherwise used in accordance with the stipulation.
This lien will continue in full force and effect, including in the
event the Debtor's bankruptcy case is dismissed or converted to one
under Chapter 7.
In addition, the Debtor must keep the Santa Rosa property insured
as further protection to the lender's interest in the property.
East West Bank asserts a secured claim of $4.1 million against the
Debtor as of the petition date. The claim stemmed from the Debtor's
$4.25 million loan and is secured by the Debtor's Santa Rosa
property. Proceeds generated by the property constitute the
Debtor's cash collateral.
About 3005 Wiljan Court LLC
3005 Wiljan Court, LLC is a real estate debtor under 11 U.S.C.
Section 101(51B), holding a single asset. It owns the property
located at 3005 Wiljan Court, Santa Rosa, California, which is
currently valued at $4.88 million.
3005 Wiljan Court sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-30299) on April 17,
2025. In its petition, the Debtor reported total assets of
$4,930,774 and total liabilities of $4,786,670.
Judge Hannah L. Blumenstiel handles the case.
Brent D. Meyer, Esq., at Meyer Law Group, LLP is the Debtor's
bankruptcy counsel.
East West Bank, as lender, is represented by:
William S. Brody, Esq.
Buchalter
1000 Wilshire Boulevard, Suite 1500
Los Angeles, CA 90017-1730
Phone: (213) 891-5015/(213) 891-0700
Fax: (213) 896-0400
wbrody@buchalter.com
-- and --
Dakota Pearce, Esq.
Buchalter
1420 5th Avenue, Suite 3100
Seattle, WA 98101
Phone: (213) 891-5481/(206) 319-7052
dpearce@buchalter.com
3GEN ROOFING: Hires Shane Heskin as Special Counsel
---------------------------------------------------
3Gen Roofing, LLC seeks approval from the U.S. Bankruptcy Court for
the Western District of Tennessee to employ Shane Heskin, Esq. as
special counsel.
The Debtor needs the firm's legal assistance in connection with
adversary proceedings against Merchant Cash Advance lenders.
The firm will be paid 40 percent of any recovery of the bankruptcy
estate.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Shane Heskin, Esq.
About 3Gen Roofing, LLC
3Gen Roofing, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tenn. Case No. 25-10769) on June 9,
2025, with $50,001 to $100,000 in assets and $100,001 to $500,000
in liabilities.
Judge Jimmy L. Croom presides over the case.
C. Jerome Teel, Jr., Esq., at Teel & Gay, PLC represents the Debtor
as legal counsel.
604 ESPLANADE: Seeks to Hire Sternberg Naccari & White as Counsel
-----------------------------------------------------------------
604 Esplanade, LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Louisiana to employ Sternberg, Naccari
& White, LLC to handle its Chapter 11 case.
The firm received in trust a retainer in the aggregate amount of
$11,7380 from the Debtor.
Ryan Richmond, Esq., an attorney at Sternberg, Naccari & White,
will be paid at his hourly rate of $400 plus expenses.
Mr. Richmond disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Ryan J. Richmond, Esq.
Sternberg, Naccari & White, LLC
450 Laurel Street, Suite 1450
Baton Rouge, LA 70801
Telephone: (225) 412-3667
Facsimile: (225) 286-3046
Email: ryan@snw.law
About 604 Esplanade
604 Esplanade, LLC is a real estate company that owns property
located at 604 Esplanade Street in New Orleans, Louisiana.
604 Esplanade sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. La. Case No. 25-11439) on July 9,
2025, with $1 million to $10 million in assets and $500,000 to $1
million in liabilities. Jonathan Weber, manager, signed the
petition.
Ryan J. Richmond, Esq., at Sternberg, Naccari & White, LLC
represents the Debtor as legal counsel.
8TH STREET NE: Case Summary & One Unsecured Creditor
----------------------------------------------------
Debtor: 8th Street NE Partners, LLC
2624 P Street NW
Washington, DC 20007
Business Description: 8th Street NE Partners, LLC is a single-
asset real estate firm that owns a connected
building spanning 4017, 4021, and 4025 8th
Street NE in Washington, D.C.
Chapter 11 Petition Date: July 29, 2025
Court: United States Bankruptcy Court
District of Columbia
Case No.: 25-00299
Judge: Hon. Elizabeth L Gunn
Debtor's Counsel: Augustus T. Curtis, Esq.
OFFIT KURMAN, P.A.
7501 Wisconsin Ave, Suite 1000W
Bethesda, MD 20814
Tel: 240-507-1756
Fax: 240-507-1735
E-mail: augie.curtis@offitkurman.com
Total Assets: $2,669,993
Total Liabilities: $100,000
The petition was signed by Nathan Guggenheim as managing member.
The Debtor listed District Line Development, LLC, represented by
David L. Feinberg, Esq., of Venable LLP, as its sole unsecured
creditor with a $100,000 claim related to litigation.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/I36DVGI/8th_Street_NE_Partners_LLC__dcbke-25-00299__0001.0.pdf?mcid=tGE4TAMA
ACCELERATE DIAGNOSTICS: Faces Nasdaq Delisting on July 31
---------------------------------------------------------
The Nasdaq Stock Market LLC (the Exchange) disclosed in a 25-NSE
filed with the U.S. Securities and Exchange Commission that it has
determined to remove from listing the common stock of Accelerate
Diagnostics, Inc. effective at the opening of the trading session
on July 31, 2025.
Based on review of information provided by the Company, Nasdaq
Staff determined that the Company no longer qualified for listing
on the Exchange pursuant to Listing Rules 5101, 5110(b), and
IM-5101-1. The Company was notified of the Staff determination on
May 8, 2025.
The Company did not file an appeal. As a result, the Company's
common stock was suspended on May 15, 2025. The Staff determination
to delist the Company common stock became final on May 15, 2025.
About Accelerate Diagnostics
Accelerate Diagnostics, Inc., is an in vitro diagnostics company
that develops systems for the rapid identification of pathogens and
antibiotic susceptibility, with a focus on serious infections such
as sepsis. Its products, including the Accelerate Pheno and Arc
systems, are used in hospitals and clinical laboratories to improve
treatment precision and reduce healthcare costs. The Company has
submitted its WAVE system for FDA clearance, with a commercial
launch expected in early 2026.
Accelerate Diagnostics Inc. and Accelerate Diagnostics Texas, LLC
sought protection under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Del. Case No. 25-10837) on May 8, 2025. In the petition
signed by Jack Phillips as president and chief executive officer,
the Debtors disclosed total assets of $28,556,000 and total debts
of $84,596,000 as of December 31, 2024.
The Hon. Karen B. Owens oversees the cases.
The Debtors tapped Morris, Nichols, Arsht & Tunnell LLP and Fried,
Frank, Harris, Shriver & Jacobson LLP as bankruptcy counsels. Solic
Capital Advisors LLC serves as restructuring advisor to the
Debtors; Perella Weinberg Partners LP acts as investment banker;
and Stretto Inc. serves as claims and noticing agent.
ACTION IMPORTS: Hires Rankin and Khan LLP as Accountant
-------------------------------------------------------
Action Imports, LP seeks approval from the U.S. Bankruptcy Court
for the Northern District of Texas to employ Rankin and Khan LLP as
accountant.
The firm's services include:
A. preparing income tax returns;
B. preparing F.I.C.A., a U.S. federal payroll tax, and
withholding tax returns;
C. providing adequate control over the revenue from the
operation of the property; and
D. preparing Operating Reports.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
M. Shiraz Khan
Rankin and Khan LLP
807 Forest Ridge Dr. #105
Bedford, TX 76022
Tel: (469) 616-1833
About Action Imports, LP
Action Imports, LP is a wholesale distributor based in Grand
Prairie, Texas, offering a broad range of products including candy,
toys, electronics, purses, and collectibles. It serves retail
clients across the United States and provides various merchandising
solutions such as countertop displays, shippers, and gondolas.
Action Imports sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-42025) on June 2,
2025. In its petition, the Debtor reported assets and liabilities
between $1 million and $10 million.
Judge Mark X. Mullin handles the case.
The Debtor is represented by Craig D. Davis, Esq., at Davis, Ermis
& Roberts, PC.
ADAPTIVE 3D: Seeks Chapter 11 Bankruptcy in Texas
-------------------------------------------------
On July 28, 2025, Adaptive 3D Technologies 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
$10 million and $50 million in debt owed to 50 and 99 creditors.
The petition states funds will be available to unsecured
creditors.
About Adaptive 3D Technologies LLC
Adaptive 3D Technologies LLC is a manufacturer of industrial 3D
printing technology based in Plano, Texas.
Adaptive 3D Technologies LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90267) on July
28, 2025. In its petition, the Debtor reports estimated assets
between $50 million and $100 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Christopher M. Lopez handles the
case.
The Debtor is represented by Benjamin Lawrence Wallen, Esq. at
Pachulski Stang Ziehl & Jones LLP.
ADC AND T: Deadline for Panel Questionnaires Set for Aug. 4
-----------------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy case of ADC and T, LLC.
If a party wishes to be considered for membership on any official
committee that is appointed, it must complete a questionnaire
available at https://tinyurl.com/5fvbz9u8 and return by email it to
Asher Bublick -- asher.bublick@usdoj.gov -- at the Office of the
United States Trustee so that it is received no later than 4:00
p.m., on Monday, August 4, 2025.
If the U.S. Trustee receives sufficient creditor interest in the
solicitation, it may schedule a meeting or telephone conference for
the purpose of forming a committee.
About ADC and T LLC
ADC and T LLC, doing business as BIG Game, provides transportation
and logistics services, including hauling operations involving
trucks, trailers, and heavy equipment. The Company operates in
Texas and serves sectors such as construction, aggregates, or
oilfield services.
ADC and T LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Tex. Case No. 25-32569) on July 9, 2025. In its
petition, the Debtor reported estimated assets and liabilities
between $1 million and $10 million each.
The Debtors are represented by Joyce Lindauer, Esq. at Joyce W.
Lindauer Attorney, PLLC.
ADVANCE AUTO: Moody's Lowers CFR to Ba3, Outlook Negative
---------------------------------------------------------
Moody's Ratings downgraded Advance Auto Parts, Inc.'s (Advance
Auto) corporate family rating to Ba3 from Ba1 and probability of
default rating to Ba3-PD from Ba1-PD. At the same time, Moody's
downgraded the company's backed senior unsecured notes and senior
unsecured notes ratings to Ba3 from Ba1 and assigned a Ba3 rating
to the company's new proposed senior unsecured notes. The company's
speculative grade liquidity rating (SGL) remains unchanged at SGL-2
and the outlook remains negative.
The downgrade reflects governance considerations including Advance
Auto's increased debt level following its planned new notes
issuance which will result in higher than expected leverage and
weaker than expected interest coverage for fiscal 2025 and 2026. It
also reflects that leverage is increasing while the company is
focusing on its turnaround amidst a complex and uncertain macro
environment. Moody's now expect debt/EBITDA to be about 6.1x at the
end of fiscal 2025 compared to Moody's previous expectation of 4.5x
and Moody's estimates that the company will not have Ba credit
metrics until 2027. Prior to the proposed new senior unsecured
notes issuance, Moody's expected Ba credit metrics to be achieved
in 2026. The company already has weak credit metrics as of the LTM
period ending April 19, 2025 with lease-adjusted debt/EBITDA of
8.6x and EBITA/interest of -1.4x due primarily to restructuring
costs that were incurred during Q4 2024 and Q1 2025. However,
Moody's recognizes the that the proceeds from the unsecured notes
issuance will boost the company's cash balances allowing it the
flexibility to potentially reduce its reliance on supply chain
finance. As of April 19, 2025, Advance Auto had $3.2 billion
outstanding under its supply chain finance program.
RATINGS RATIONALE
Advance Auto's Ba3 CFR is supported by the company's good liquidity
and a financial policy that includes maintaining its significantly
reduced dividend, a cessation of share repurchases and high balance
sheet cash. The company plans to issue $1.5 billion in new senior
unsecured notes to support the potential gradual reduction in its
supply chain finance program. The proceeds will also be used to
repay the $300 million senior unsecured notes due March 2026 with
the remainder to boost balance sheet cash. The company had $1.7
billion of cash on the balance sheet at the end of Q1 2025 and
Moody's expects this to increase to about $3 billion at the end of
fiscal 2025 as a result of the new notes issuance. A reduction in
supply chain finance would result in a material increase working
capital usage resulting in negative free cash flow in 2025 and
2026, but higher cash balances would more than offset this
reduction.
The rating also reflects Moody's expectations that credit metrics
will improve in 2026 as the company puts the restructuring costs
behind them and demonstrates growth in GAAP earnings. Moody's
expects debt/EBITDA and EBITA/interest to improve to 4.7x and 1.8x
respectively in 2026.
Advance Auto's Ba3 CFR is also supported by its sizeable market
position in the expanding US commercial auto parts segment as well
as the auto parts sector's favorable industry fundamentals,
including increasing total vehicle miles driven in the US, growth
in total number of registered vehicles and the increasing age of
vehicles, which is now over 12.8 years. Given the increasing
complexity of vehicles on the road and the increasing severity of
maintenance that comes with an aging fleet, commercial auto parts
demand is expected to outpace do-it-yourself retail auto parts
demand.
The negative outlook reflects uncertainty around Advance Auto's
ability to quickly turn around its GAAP operating earnings over the
next 12-18 months. Sales to the DIY consumer have been sluggish and
down in the low single digits range in Q1 2025. DIY comparable
store sales performance reflect not only the difficult consumer
spending environment but also competitor encroachment in Moody's
views. Risk of continued weakness beyond Moody's expectations
primarily as a result of tariff-related uncertainty is also
reflected in the negative outlook.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Given the negative outlook and the current weakness in credit
metrics, an upgrade is currently not likely. Over time, the ratings
could be upgraded if the company's restructuring plan results in a
sustained improvement in operating performance including organic
revenue and operating income growth with significant margin
expansion. An upgrade will also require maintaining conservative
financial policies including very good liquidity and lower debt and
leverage levels. Quantitatively, the ratings could be upgraded if
lease-adjusted debt/EBITDA is sustained below 4.5x and if
EBITA/interest is sustained above 3.5x. The negative outlook could
be returned to stable over the next 12-18 months should the company
demonstrate operating performance improvement with meaningful
improvement in credit metrics.
The ratings could be downgraded if the company's restructuring plan
does not demonstrate sequential quarterly improvement including
organic revenue and operating income growth along with margin
expansion and if leverage remains elevated or interest coverage
remains weak. Quantitatively, the ratings could be downgraded if
lease-adjusted debt/EBITDA remains above 5.5x or if EBITA/interest
remains below 2.5x. A downgrade could also occur if liquidity were
to decline beyond what is expected to fund potential supply chain
finance reductions over 2025 and 2026.
Headquartered in Raleigh, North Carolina, Advance Auto Parts, Inc.
is an automotive aftermarket retailer in North America. As of April
19, 2025, Advance Auto operated 4,285 stores primarily within the
US, with additional locations in Canada, Puerto Rico and the US
Virgin Islands. The company also served 881 independently-owned
Carquest branded stores across these geographies in addition to
Mexico and various Caribbean islands. Revenue pro-forma for the
Worldpac asset sale and store closures/exits is about $8.5
billion.
The principal methodology used in these ratings was Retail and
Apparel published in November 2023.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
ALACHUA GOVERNMENT: Taps Epiq Corporate as Administrative Advisor
-----------------------------------------------------------------
Alachua Government Services, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Epiq
Corporate Restructuring, LLC as administrative advisor.
The firm will provide these services:
(a) assist with, among other things, solicitation, balloting and
tabulation of votes, and prepare any related reports, as required
in support of confirmation of a Chapter 11 plan, and in connection
with such services, process requests for documents from parties in
interest, including, if applicable, brokerage firms, bank
back-offices and institutional holders;
(b) prepare an official ballot certification and, if necessary,
testify in support of such certification;
(c) process requests for documents from parties in interest;
(d) Assist with the preparation of the Debtor's schedules of
assets and liabilities and statement of financial affairs and
gather data in connection therewith;
(e) provide a confidential data room, if requested;
(f) manage and coordinate any distributions pursuant to a
Chapter 11 plan; and
(g) provide such other administrative services described in the
Engagement Agreement, but not included in the Section 156(c)
Application, as may be requested from time to time by the Debtor,
the Court or the Office of the Clerk of the Bankruptcy Court.
The firm will be paid at these rates:
IT / Programming $45 to $70 per hour
Case Managers $85 to $170 per hour
Consultants/Directors $175 to $185 per hour
Vice Presidents
Solicitation Consultant $190 per hour
Executive Vice President, $190 per hour
Solicitation
Executives No Charge
The Debtor provided the firm a retainer of $25,000.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Ms. Frodsham disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Sophie Frodsham
Epiq Corporate Restructuring, LLC
777 3rd Ave., 12th Floor
New York, NY 10017
Tel: (212) 225-9200
About Alachua Government Services, Inc.
Alachua Government Services Inc., is a pharmaceutical and medicine
manufacturing company formerly known as Ology Bioservices. The
company, based in Alachua, Florida, operates in the pharmaceutical
manufacturing sector.
Alachua Government Services Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11289) on July
6, 2025. In its petition, the Debtor reports estimated assets
between $50 million and $100 million and estimated liabilities
between $100 million and $500 million.
The Debtor is represented by Michael J. Merchant, Esq. at Layton &
Finger, P.A. FTI Consulting, Inc. is the Debtor's restructuring
advisor, Jefferies LLC and Jefferies International Limited is the
Debtor's investment banker, and Epiq Corporate Restructuring LLC is
the Debtor's claims and noticing agent.
ALIGNED MEDICAL: Court Extends Cash Collateral Access to Aug. 31
----------------------------------------------------------------
Aligned Medical Group, P.C. received fourth interim approval from
the U.S. Bankruptcy Court for the Eastern District of Pennsylvania
to use cash collateral.
The fourth interim order penned by Judge Patricia Mayer authorized
the interim use of cash collateral for the period from August 1 to
31 to pay the expenses set forth in the budget.
As protection for any diminution in the value of its collateral,
the U.S. Small Business Administration, the primary secured
creditor, was granted replacement liens on its collateral to the
same extent, validity and priority as its pre-bankruptcy liens.
SBA holds a secured interest in the Debtor's assets based on two
Economic Injury Disaster Loans totaling over $530,000.
The final hearing is set for August 27, with objections due by
August 13.
A copy of the court's order and the budget is available at
https://shorturl.at/6fxSJ from PacerMonitor.com.
About Aligned Medical Group
Aligned Medical Group, P.C. sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-11769-pmm) on
May 5, 2025. In the petition signed by Joel Stutzman, D.C.,
president, the Debtor disclosed up to $500,000 in assets and up to
$1 million in liabilities.
Judge Patricia M. Mayer oversees the case.
The Debtor is represented by:
David B. Smith, Esq.
Smith Kane Holman, LLC
Tel: 610-407-7217
dsmith@skhlaw.com
-- and --
Nicholas M. Engel, Esq.
Smith Kane Holman, LLC
Tel: 610-407-7216
nengel@skhlaw.com
ALIXPARTNERS LLP: S&P Rates New Senior Secured Term Loans 'B+'
--------------------------------------------------------------
S&P Global Ratings assigned its 'B+' issue-level rating and '3'
recovery rating to AlixPartners LLP's proposed $3.08 billion senior
secured dual-currency term loans. The '3' recovery rating indicates
its expectation for meaningful (50%-70%; rounded estimate: 50%)
recovery of principal in the event of a payment default.
The company plans to use the proceeds from this transaction to
refinance its existing senior secured credit facility and from the
incremental debt proceeds of approximately $600 million, make
payments to equity holders, pay transaction fees, and possibly fund
a future tuck-in merger and acquisition (M&A). AlixPartners'
transaction financing includes a first-lien senior secured credit
facility comprising a $2.691 billion term loan and a EUR388 million
term loan due 2032, as well as a $250 million revolver due 2030
(undrawn at closing).
S&P expects the roughly $600 million of incremental debt from this
refinancing will cause the company's leverage to remain elevated in
the higher end of our expected range for the current rating, with
its pro forma leverage rising to 6x in 2025 before declining to the
mid-5x area in 2026 on continued growth in its organic revenue and
EBITDA. However, the incremental debt burden will leave
AlixPartners with little room to take on additional debt leverage
at the current rating.
S&P said, "Our 'B+' issuer credit rating and stable outlook on the
company are unchanged, which reflects our expectation that its
operating performance will remain resilient, supported by ongoing
demand across its consulting, financial advisory, and restructuring
segments, despite some macroeconomic uncertainty. We could lower
our issuer credit rating on AlixPartners if the demand for its
services declines, causing its leverage to increase above 6x and
its discretionary cash flow to debt to fall below 2% on a sustained
basis. It is unlikely that we will raise our rating on the company
over the next 12-24 months, primarily due to its aggressive
financial policy and history of debt-funded dividends. However, we
could raise our rating on AlixPartners if it reports a
stronger-than-expected operating performance, shifts to a
more-conservative financial policy, and reduces its leverage to the
mid-4x area on a consistent basis."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- The 'B+' issue-level rating and '3' recovery rating indicate
S&P's expectation for meaningful (30%-50%; rounded estimate: 50%)
recovery of principal for the lenders of the senior secured
first-lien credit facility in the event of a default.
-- AlixPartners LLP is the borrower under its proposed senior
secured first-lien credit facility, which comprises $3.08 billion
of outstanding first-lien dual-currency term loans and a $250
million revolving credit facility.
-- S&P's simulated default scenario considers a default occurring
in 2029 because of factors such as a weak operating performance due
to adverse events that impair its reputation, intense competition
that leads to the loss of key clients or managing directors,
difficulty attracting and retaining qualified professionals, or
unsuccessful new market launches, which would exacerbate its
already high leverage.
-- S&P believes AlixPartners' lenders would pursue a
reorganization, rather than a liquidation, in a hypothetical
default due to its favorable brand, client relationships, and
asset-light business model.
-- The credit facility is unconditionally guaranteed by parent
AlixPartners Holdings LLP and subsidiary AlixPartners Holdings II
LLC, in addition to other material domestic U.S. subsidiaries. The
credit facility is secured by substantially all domestic tangible
and intangible assets of the borrower and guarantors, in addition
to a pledge of 65% of the capital stock of the company's first-tier
foreign subsidiaries.
-- Other default assumptions include an 85% draw on the revolving
credit facility and six months of prepetition interest on all debt
amounts.
Simulated default assumptions
-- Simulated year of default: 2029
-- EBITDA at emergence: About $302 million
-- EBITDA multiple: 6x
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): About
$1.7 billion
-- Senior secured debt claims: About $3.3 billion
--Recovery expectations: 50%-70% (rounded estimate: 50%)
Note: All debt amounts include six months of prepetition interest.
ALLECOM CORP: Unsecureds Will Get 2% to 3% of Claims in Plan
------------------------------------------------------------
AllEcom Corp. filed with the U.S. Bankruptcy Court for the Southern
District of Texas a Disclosure Statement with respect to Plan of
Reorganization dated July 22, 2025.
The Debtor is a corporation formed in the State of Texas. The
Debtor is a contractor for FedEx. It was formed in May 2021 and
began operating in 2021.
The Debtor currently makes commercial and residential deliveries
for FedEx only in the San Antonio, Texas area. Its principal office
is in Houston, Texas. The Debtor's sole shareholder, Kha Pham,
operates the business.
The Debtor believes that the Plan is feasible and will not lead to
further reorganization or liquidation. The Plan proposes to pay
Celtic Bank and Truck Lenders the fair market value of the
Collateral and or the balance on the collateral, which is ever
less, and taxing authorities per their proof of claim (except those
in Harris County, Texas) and 2.0% to 3.0% of any Allowed Unsecured
Claims, that percentage being subject to change depending on the
net proceeds from the adversary proceedings/avoidance actions.
This Plan proposes to pay the following secured creditors: (a)
Celtic Bank; (b) Financial Pacific Leasing, Inc.; (c) Midland
States Bank; (d) Wintrust Specialty Finance on their allowed
secured claims and distributions to tax lien holders and valid
holders of general unsecured claims as determined by the Court.
The payment will be funded by AllEcom's operations. The
administrative claims approved by the Court including fees
following Wauson King's and AllEcom's CPA's application will be
paid by AllEcom and Kha Pham.
Class 6 consists of General Unsecured Creditors. Class 6 is
impaired by this Plan. General unsecured valid, non-disputed,
non-contingent claims, if any, are expected to be paid
approximately 2.0% to 3% from net proceeds of recovery of
preference claims and from the operation of AllEcom after secured
claims and tax claims are paid in full and any additional
disposable income.
Equity security holders in Class 7 are allowed to vote on the plan
but will receive no distribution through the Plan unless all
creditors are paid in full. The shareholder is Kha Pham and will
not be paid through the plan and will retain no assets and/or
property of AllEcom.
The Debtor will be funding the plan payments and/or any payments
and/or distributions pursuant to this Plan. The source of those
funds will be income and profits from its operations and net
proceeds from avoidance actions including claims and causes of
action against Haltrans, Inc.
A full-text copy of the Disclosure Statement dated July 22, 2025 is
available at https://urlcurt.com/u?l=DgJtM4 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Anabel King, Esq.
Wauson King
52 Sugar Creek Center Blvd., Suite 325
Sugar Land, TX 77478
Telephone: (281) 242-0303
Facsimile: (281) 242-0306
Email: aking@w-klaw.com
About Allecom Corp.
Allecom Corp. is a subcontractor for FedEx, providing specialized
services to support its operations.
Allecom sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Tex. Case No. 25-31569) on March 24, 2025. In its
petition, the Debtor reported total assets of $306,082 and total
debts of $3,310,215.
Judge Eduardo V. Rodriguez oversees the case.
Anabel King, Esq., at Wauson King, serves as the Debtor's counsel.
ALTICE USA: Millennium Entities Hold 3.1% Stake as of June 30
-------------------------------------------------------------
Millennium Management LLC, Millennium Group Management LLC, and
Israel A. Englander, disclosed in a Schedule 13G (Amendment No. 1)
filed with the U.S. Securities and Exchange Commission that as of
June 30, 2025, they beneficially own 8,751,861 shares of Class A
Common Stock, par value $0.01 per share, of Altice USA, Inc.,
representing 3.1% of the outstanding shares of that class.
Millennium Management may be reached through:
Gil Raviv, Global General Counsel
Millennium Management LLC
399 Park Avenue
New York, New York 10022
Phone: (212) 841-4100
A full-text copy of Millennium Management LLC's SEC report is
available at: https://tinyurl.com/55dtns67
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."
APPTECH PAYMENTS: Nasdaq to Delist Securities on July 31
--------------------------------------------------------
The Nasdaq Stock Market LLC (the Exchange) disclosed in a 25-NSE
filed with the U.S. Securities and Exchange Commission that it has
determined to remove from listing the securities of AppTech
Payments Corp. effective at the opening of the trading session on
July 31, 2025.
Based on review of information provided by the Company, Nasdaq
Staff determined that the Company no longer qualified for listing
on the Exchange pursuant to Listing Rules 5550(a)(2) and
5550(b)(1). The Company was notified of the Staff determination on
November 6, 2024.
On November 18, 2024, the Company exercised its right to appeal the
Staff determination to the Listing Qualifications Hearings Panel
(Panel) pursuant to Listing Rule 5815.
On January 14, 2025, the hearing was held.
On February 12, 2025, the Panel reached a decision and granted an
exception to demonstrate compliance with Listing Rule 5550(b)(1) on
or before March 31, 2025.
On May 15, 2025, the Exchange notified the Panel that the Company
failed to regain compliance with Listing Rule 5550(a)(2). Pursuant
to Listing Rule 5815, the Panel discretion in this matter expired
on May 5, 2025. The Panel had no choice but to delist the Company
securities from the Exchange.
On May 15, 2025, Panel approved the decision to delist the Company
and decided to suspend the Company from the Exchange. A Decision
letter was issued on May 16, 2025.
The Company securities were suspended on May 20, 2025. The Staff
determination to delist the Company securities became final on June
30, 2025.
About AppTech Payments Corp.
Headquartered in Carlsbad, California, AppTech Payments Corp. --
www.apptechcorp.com -- provides digital financial services for
financial institutions, corporations, small and midsized
enterprises, and consumers through the Company's scalable
cloud-based platform architecture and infrastructure, coupled with
its Specialty Payments development and delivery model. AppTech
maintains exclusive licensing and partnership agreements in
addition to a full suite of patented technology capabilities.
San Diego, California-based DBBMcKennon, the Company's auditor
since 2014, 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 limited revenues and has suffered recurring losses from
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $8.99 million in total assets,
$3.52 million in total liabilities, and a total stockholders'
equity of $5.47 million.
AQUA SPAS: Kevin Neiman Named Subchapter V Trustee
--------------------------------------------------
The Acting U.S. Trustee for Region 19 appointed Kevin Neiman as
Subchapter V trustee for Aqua Spas, Inc.
Mr. Neiman will be paid an hourly fee of $350 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Neiman declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Kevin S. Neiman
999 18th Street, Suite 1230 S
Denver, CO 80202
Tel: (303) 996-8637
Fax: (877) 611-6839
Email: trustee@ksnpc.com
About Aqua Spas Inc.
Aqua Spas Inc., also known as Spas R Us, sells and services hot
tubs and swim spas through its locations in Fort Collins, Greeley,
and Castle Rock, Colorado. The company is a longtime dealer of
Master Spas products, including the Michael Phelps Signature Swim
Spa line. It also offers spa accessories, chemicals, filters, and
related supplies, with shipping available for orders over $100.
Aqua Spas filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. Colo. Case No. 25-14565) on July 22,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
Judge Michael E. Romero handles the case.
The Debtor is represented by Jonathan M. Dickey, Esq., at Kutner
Brinen Dickey Riley, P.C.
ARCHDIOCESE OF NEW ORLEANS: Seeks OK for Abuse Cases Insurer Deals
------------------------------------------------------------------
James Nani of Bloomberg Law reports that the Archdiocese of New
Orleans has asked a bankruptcy court to approve $29.3 million in
settlements with nine insurers as part of a broader plan to
compensate clergy sex abuse survivors.
According to a motion filed Tuesday, July 29, 2025, the settlement
proceeds—stemming from the buyback of policies from insurers
including SPARTA Insurance Co., U.S. Fire Insurance Co., and the
Catholic Mutual Relief Society of America—would be combined with
at least $130 million from the archdiocese and other parties. The
funds would form a $159.3 million trust dedicated to survivor
compensation.
About Roman Catholic Church of
The Archdiocese Of New Orleans
The Roman Catholic Church of the Archdiocese of New Orleans --
https://www.nolacatholic.org/ -- is a non-profit religious
corporation incorporated under the laws of the State of Louisiana.
Created as a diocese in 1793, and established as an archdiocese in
1850, the Archdiocese of New Orleans has educated hundreds of
thousands in its schools, provided religious services to its
churches and provided charitable assistance to individuals in
need,including those affected by hurricanes, floods, natural
disasters, war, civil unrest, plagues, epidemics, and illness.
Currently, the archdiocese's geographic footprint occupies over
4,200 square miles in southeast Louisiana and includes eight civil
parishes: Jefferson, Orleans, Plaquemines, St. Bernard, St.
Charles, St. John the Baptist, St. Tammany, and Washington.
The Roman Catholic Church for the Archdiocese of New Orleans sought
Chapter 11 protection (Bankr. E.D. La. Case No. 20-10846) on May 1,
2020. The archdiocese was estimated to have $100 million to $500
million in assets and liabilities as of the bankruptcy filing.
Judge Meredith S. Grabill oversees the case.
Jones Walker, LLP and Blank Rome, LLP, serve as the archdiocese's
bankruptcy counsel and special counsel, respectively. Donlin,
Recano & Company, Inc., is the claims agent.
The U.S. Trustee for Region 5 appointed an official committee of
unsecured creditors on May 20, 2020. The committee is represented
by the law firms of Pachulski Stang Ziehl & Jones, LLP and Locke
Lord, LLP. Berkeley Research Group, LLC is the committee's
financial advisor.
ARP HOSPITALITY: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: ARP Hospitality Group LLC
d/b/a Fairfield by Marriot
601 From Road
Paramus, NJ 07652
Business Description: ARP Hospitality Group LLC, doing business as
Fairfield by Marriott, operates a midscale
hotel offering lodging, breakfast, and
business services. The property is located
in Paramus, New Jersey, and serves both
business and leisure travelers.
Chapter 11 Petition Date: July 29, 2025
Court: United States Bankruptcy Court
District of New Jersey
Case No.: 25-17941
Debtor's Counsel: Michael S. Kopelman, Esq.
KOPELMAN & KOPELMAN, LLP
90 Main Street, Suite 205
Hackensack, NJ 07601
Tel: (201) 489-5500
Fax: (201) 489-7755
E-mail: kopelaw@kopelmannj.com
Total Assets: $9,957,890
Total Liabilities: $7,960,943
Priti Patel signed the petition a managing member.
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/ADUWC7Y/ARP_Hospitality_Group_LLC__njbke-25-17941__0001.0.pdf?mcid=tGE4TAMA
ASP UNIFRAX: Fitch Affirms & Then Withdraws 'CCC' LongTerm IDR
--------------------------------------------------------------
Fitch Ratings has affirmed the ratings for ASP Unifrax Holdings,
Inc., (Alkegen), including the Long-Term Issuer Default Rating
(IDR), at 'CCC'. Additionally, Fitch has affirmed the first-out
revolver rating at 'B' with a Recovery Rating of 'RR1', the first
lien term loans and bonds at 'CCC+'/'RR3', and the second lien
notes and legacy notes at 'CC'/'RR6'. Subsequently, Fitch has
withdrawn the ratings.
Fitch Ratings has withdrawn the ratings on Alkegen for commercial
reasons and will no longer provide ratings or analytical coverage.
Key Rating Drivers
High Leverage, Weak Coverage: Fitch expects Alkegen's EBITDA
leverage to remain above 10x over the forecast horizon, along with
continued negative FCF. EBITDA interest coverage is expected to
remain at 1.0x in 2025 and tight thereafter. This is despite
reductions to the issuer's cash interest burden due to the partial
payment-in-kind (PIK) option for the company's new debt. Although
about half of Alkegen's debt is fixed rate, rising SOFR and higher
debt balances from the Lydall and Luyang acquisitions have caused
interest expense to climb materially over the past several years.
Deteriorating Operating Performance: Alkegen's operating
performance continued to weaken in 2024 due to increased price
competition in filtration and catalysis products and inconsistent
demand, leading to declining revenue and EBITDA. While the company
benefitted from cost containment programs that led to moderate
sequential EBITDA margin improvements in the first half of 2024,
Fitch expects continued market weakness to limit any volume and
pricing improvement through 2025.
Improved Financial Flexibility: Alkegen's financial flexibility is
improved pro forma for the transactions, driven by an extended
maturity profile and sufficient liquidity. Additionally, the
company's liquidity should be sufficient to fund its operations
over the next several years, with an undrawn $200 million revolver
and $175 million of availability under its DDTL. The extension of
maturities also provides it additional runway to improve underlying
operations.
Diversified Platform: Alkegen is well-diversified by end market,
customer base, geographic presence and raw material spend. The
company operates out of over 60 sites across more than 10 countries
and serves over 4,000 customers. Key end markets include industrial
applications, chemicals and metals, battery applications, and
transportation. Geographic breadth spans across North America,
Europe and the Asia-Pacific region.
Peer Analysis
Alkegen's scale is comparable to SK Mohawk Holdings SARL (SK
Mohawks; CCC), but is larger than peers Advancion Holdings, LLC
(Advancion; B-/Stable), Kymera International, LLC (Kymera;
B-/Stable) and Vantage Specialty Chemicals, Inc. (Vantage;
B-/Stable). This illustrates Alkegen's broader end-market exposure
and more diversified platform. The company's margins are well above
SK Mohawk's, indicating the more specialized nature of Alkegen's
product offerings, and are higher than Kymera's, partly due to
Kymera's smaller scale and higher internal integration spending to
support growth.
Alkegen's margins are largely in line with Vantage's, as Alkegen's
margins have compressed since 2021 due to destocking and greater
price competition in its markets. Alkegen's margins are notably
below Advancion's, which is an outlier for the sector.
Alkegen's capital structure is significantly more levered than its
peers, primarily due to the acquisition of Lydall in 2021 and its
incremental investment in Luyang in 2022, which collectively added
over $1 billion in debt to Alkegen's balance sheet.
Key Assumptions
- Continued weak end-market demand reduces revenue by about 3.5% in
2024. Revenues experience a modest recovery, growing in the
mid-single digits in 2025 and thereafter;
- EBITDA margins remain between 14% and 15% over the forecast;
- Capex stays at maintenance levels, at around 2% of revenue.
Recovery Analysis
The recovery analysis assumes that Alkegen would be reorganized as
a going concern (GC) in bankruptcy rather than liquidated. Fitch
has assumed a 10% administrative claim and a full draw under the
company's revolving credit facility, which is not borrowing-base
constrained.
Fitch uses a GC EBITDA estimate that reflects its view of a
sustainable, post-reorganization EBITDA level upon which Fitch
bases the enterprise valuation (EV). The GC EBITDA reflects an
improvement in the underlying economic conditions at the time of
default, despite the ongoing competitive pricing environment.
The agency anticipates that Alkegen will use the full availability
of its delayed-draw term loan to shore up liquidity, exhausting all
forms of available capital. Fitch also assumes that the company
will implement corrective measures during restructuring, such as
consolidating facilities, cancelling leases, and undertaking other
initiatives to reduce fixed overhead.
Fitch applies an EV multiple of 7x to the GC EBITDA to calculate a
post-reorganization EV. This 7.0x multiple is at the upper end
within Fitch's chemicals portfolio, warranted by the company's
stable EBITDA margins, value-added product portfolio, and potential
benefits from growing end-markets, such as EV batteries. The 7.0x
multiple is also within the historical range of bankruptcy case
study exit multiples for peer companies, which spans from 5.2x to
7.7x, though it exceeds the median of 5.9x.
With an assumed full draw on the revolving facility and PIK
accretion on the term loans and bonds, the EV approach results in a
'B'/'RR1' rating for the first-lien, first-out revolver, a
'CCC+'/'RR3' rating for the first-lien term loans and first-lien
notes; a 'CC'/'RR6' rating for the second-lien; note and 'CC'/'RR6'
ratings for the legacy notes.
RATING SENSITIVITIES
Not applicable, as the ratings have been withdrawn.
Liquidity and Debt Structure
Alkegen's financial flexibility is improved pro forma for the
transactions, driven by an extended maturity profile and sufficient
liquidity. Additionally, the company's liquidity should be
sufficient to fund its operations over the next several years, with
an undrawn $200 million revolver and $175 million of availability
under its DDTL. The extension of maturities also provides it
additional runway to improve underlying operations.
Issuer Profile
Alkegen manufactures specialty materials that provide thermal
management, emission control, filtration, and energy solutions for
multiple end markets and applications. It is one of two vertically
integrated global manufacturers of high temperature refractory and
insulating fiber and engineered products.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
ASP Unifrax
Holdings, Inc. LT IDR CCC Affirmed CCC
LT IDR WD Withdrawn
senior unsecured LT CC Affirmed RR6 CC
senior unsecured LT WD Withdrawn
senior secured LT CC Affirmed RR6 CC
senior secured LT WD Withdrawn
senior secured LT B Affirmed RR1 B
senior secured LT WD Withdrawn
senior secured LT C CC+ Affirmed RR3 CCC+
senior secured LT WD Withdrawn
Senior Secured
2nd Lien LT CC Affirmed RR6 CC
Senior Secured
2nd Lien LT WD Withdrawn
ATLAS CC: Moody's Cuts Rating on Senior Secured Term Loan to Caa2
-----------------------------------------------------------------
Moody's Ratings has downgraded Atlas CC Acquisition Corp's
("Cubic") senior secured term loan C ("Term Loan C") to Caa2 from
B1 due to an error correction. Moody's took no action on Cubic's
Caa2 Corporate Family Rating, Caa2-PD Probability of Default
Rating, or Caa2 senior secured first lien term loan B and senior
secured first lien revolving credit facility rating; the stable
outlook remains unchanged.
The rating downgrade of Term Loan C reflects the correction of an
error. In Moody's prior rating analysis, Moody's did not account
for the fact that restricted cash from the $300 million Term Loan C
is used to collateralize a separate unrated cash secured letter of
credit facility. In the rating action, Moody's have corrected for
this.
A comprehensive review of all credit ratings for the respective
issuer(s) has been conducted during a rating committee.
RATINGS RATIONALE
Cubic's Caa2 CFR reflects its very high leverage and track record
of weak cash flows since the completion of the acquisition by
Veritas Capital in May 2021. Longer-than-expected contract startup
periods with its municipal customers and supply chain constraints
that delay production and implementation of its hardware and
software products remain rating constraints. However, bookings
growth from new and existing customers remains solid.
Cubic's leading position in fare management systems for public
transportation networks worldwide and its C4ISR (command, control,
communication, computers, intelligence, surveillance and
reconnaissance) services for the US Department of Defense and its
allies should promote a steady stream of new business. This new
business could potentially mitigate some of the pressure on the
rating from the weak credit metrics.
The stable outlook also reflects Moody's expectations that the
company's key design and build programs will reach completion and
transition into the operations and maintenance phase, resulting in
modest revenue growth over the next 18-24 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
The ratings could be upgraded if the company sustains breakeven
free cash flow and FFO/interest approaches 1.0x. The ratings could
be downgraded if liquidity remains weak or if the probability for a
distressed exchange increases.
The principal methodology used in this rating was Business and
Consumer Services published in November 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Atlas CC Acquisition Corp serves transportation, defense command,
control, communication, computers, intelligence, surveillance and
reconnaissance (C4ISR), and defense training customers globally.
Cubic sells integrated payment and information systems,
expeditionary communications, cloud-based computing and
intelligence delivery, as well as training and readiness solutions.
Revenue for the 12 months ended March 31, 2025 was $1.3 billion.
The company is majority-owned by entities of Veritas Capital.
AUSTIN WATERJET: Hires Munsch Hardt Kopf as Counsel
---------------------------------------------------
Austin Waterjet, Inc. seeks approval from the U.S. Bankruptcy Court
for the Western District of Texas to employ Munsch Hardt Kopf &
Harr, P.C. as counsel.
The firm will provide these services:
a. serve as general counsel for the Debtor and to provide
representation and legal advice to the Debtor throughout the
Bankruptcy Case;
b. assist the Debtor in carrying out its duties under the
Bankruptcy Code, including advising the Debtor of such duties, its
obligations, and its legal rights;
c. consult with the United States Trustee, any statutory
committee that may be formed, and all other creditors and
parties-in-interest concerning administration of the Bankruptcy
Case;
d. assist in potential sales of the Debtor's assets;
e. prepare on behalf of the Debtor all motions, applications,
answers, orders, reports, and other legal papers and documents to
further the Debtor's estate's interests and objectives, and to
assist the Debtor in the preparation of schedules, statements, and
reports, and to represent the Debtor and its estate at all related
hearings and at all related meetings of creditors, United States
Trustee interviews, and the like;
f. assist the Debtor in connection with formulating and
confirming a chapter 11 plan;
g. assist the Debtor in analyzing and appropriately treating the
claims of creditors, including objecting to claims and trying claim
objections;
h. appear before this Court and any appellate courts or other
courts having jurisdiction over any matter associated with the
Bankruptcy Case;
i. perform all other legal services and provide all other legal
advice to the Debtor as may be required or deemed to be in the
interest of its estate in accordance with the Debtor's powers and
duties as set forth in the Bankruptcy Code; and
j. defend the Debtor against any and all actions and claims made
against the Debtor and its property.
The firm will be paid at these rates:
Davor Rukavina, Shareholder $650 per hour
Jacob King, Associate $400 per hour
Heather Valentine, Paralegal $235 per hour
On October 1, 2024, the firm received a retainer of $25,000.00, and
on June 5, 2025, the firm received an additional retainer of
$6,825.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Davor Rukavina, Esq., a partner at Munsch Hardt Kopf & Harr, P.C.
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Davor Rukavina, Esq.
Jacob J. King, Esq.
Munsch Hardt Kopf & Harr, P.C.
1717 W. 6th St., Ste. 250
Austin, TX 78703
Tel: (214) 855-7500
Email: drukavina@munsch.com
jking@munsch.com
About Austin Waterjet, Inc.
Austin Waterjet, Inc. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-11027) on July
2, 2025, listing up to $1 million in assets and up to $10 million
in liabilities. David Squires, vice president and secretary of
Austin Waterjet, signed the petition.
Judge Shad Robinson oversees the case.
Jacob J. King, Esq., at Munsch Hardt Kopf & Harr, PC, is the
Debtor's legal counsel.
Comerica Bank, as secured creditor, is represented by:
Annmarie Chiarello, Esq.
Winstead PC
500 Winstead Building
2728 N. Harwood Street
Dallas, TX 75201
Telephone: (214) 745-5400
Facsimile: (214) 745-5390
E-mail: achiarello@winstead.com
B & H MANAGEMENT: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------------
Debtor: B & H Management, LLC
d/b/a Arkansas River Rice
4215 Emmett Sanders Rd
Pine Bluff, AR 71601
Business Description: B & H Management LLC, doing business as
Arkansas River Rice, operates a rice-milling
facility with rail and river-port access in
Pine Bluff, Arkansas, processing U.S.-grown
rice for domestic and export markets.
Chapter 11 Petition Date: July 29, 2025
Court: United States Bankruptcy Court
Eastern District of Virginia
Case No.: 25-11545
Debtor's Counsel: Christopher A Jones, Esq.
WHITEFORD, TAYLOR & PRESTON LLP
1021 E. Cary Street, Suite 2001
Richmond, VA 23219
Tel: 703-280-9263
Email: CAJones@whitefordlaw.com
Estimated Assets: $50 million to $100 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by PJ Paynie as chief executive officer.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/XJDGITQ/B__H_Management_LLC__vaebke-25-11545__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Arkansas Dept. of Taxes $53,025
Finance & Admin.
PO Box 919
Little Rock, AR 72203
2. Axle Logistics Trade Debt $11,900
835 N. Central Street
Knoxville, TN 37917
3. Entergy Corporation Utilities $44,429
639 Loyola Ave
New Orleans, LA 70113
4. EOS Trucking Inc. $21,186
1000 Fiber Optic Drive
North Little Rock, AR 72117
5. Equipment Share Trade Debt $13,578
5804 Bull Run Dr.
Columbia, MO 65201
6. Essmueller Company Trade Debt $12,130
334 Avenue A
Airbase
Laurel, MS 39441
7. First Southern Bank Credit Card $10,285
2056 Phillips Country Road Purchases
145201 South Court St
Florence, AL 35630
8. Greenstone Cultura Co. Trade Debt $39,455
3820 Mansell Rd #350
Alpharetta, GA 30022
9. Greenstone Cultura Co. Trade Debt $39,455
3820 Mansell Road,
Suite 375
Alpharetta, GA 30022
10. Innpack LLC Trade Debt $18,702
10511 High Point Rd
Olive Branch, MS 38654
11. Intertek Alchemy Trade Debt $10,206
(FKA Alchemy Systems)
5301 Riata Park Ct,
Building F
Austin, TX 78727
12. Jefferson County Tax Tax $132,694
Collector Office
101 W Barraque St,
Pine Bluff
Pine Bluff, AR 71601
13. Mauldin And Jenkins Trade Debt $9,815
200 Galleria Parkway
Atlanta, GA 30339
14. Mccauley Services Trade Debt $10,034
23650 Interstate 30 N
Bryant, AR 72022
15. Nabholz Construction Services $42,911
612 Garland St.
Conway, AR 72032
16. Raumak Packaging Trade Debt $49,086
R. Raulino Kreis, 136
- Ilha da Figueira,
Jaragu? do Sul - SC,
Brazil R. Raulino
Kreis, 136 - Ilha da
Figueira, Jaragu? do
Sul - SC, 89258-170,
Brazil
17. Summit Fire And Security $6,971
1025 Telegraph St
Reno, NV 89502
18. Triton Fumigation LLC Trade Debt $9,796
2839 Piedmont St
Kenner, LA 70062
19. USA Rice Millers' Association $6,675
2101 Wilson Blvd.,
Suite 610
Arlington, VA 22201
20. Weight Systems Inc. $8,845
3086 Coachlite Lane
Springdale, AR 72764
B & W ENTERPRISES: Joseph Richard Moore Named Subchapter V Trustee
------------------------------------------------------------------
The Acting U.S. Trustee for Region 5 appointed Joseph Richard Moore
as Subchapter V Trustee for B & W Enterprises.
Mr. Moore will be paid an hourly fee of $350 for his services as
Subchapter V trustee, an hourly fee of $110 for his legal
assistant, and will be reimbursed for work related expenses
incurred.
Mr. Moore declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Joseph Richard Moore
200 Washington Street
Monroe, LA 71201
(318) 322-6232
Email: subv@eorumyoung.com
About B & W Enterprises
B & W Enterprises is a partnership based in Monroe, Louisiana.
B & W Enterprises sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. La. Case No. 25-30804) on July 15,
2025. In its petition, the Debtor reported between $1 million and
$10 million in assets and liabilities.
Judge John S. Hodge handles the case.
The Debtor is represented by Conner L. Dillon, Esq., at Gold,
Weems, Bruser, Sues & Rundell.
B&T INVESTMENT: Seeks Chapter 11 Bankruptcy in Florida
------------------------------------------------------
On July 29, 2025, B&T Investment LLC filed Chapter 11 protection
in the Southern District of Florida. According to court filing,
the Debtor reports between $1 million and $10 million in debt owed
to 1 and 49 creditors. The petition states funds will be available
to unsecured creditors.
About B&T Investment LLC
B&T Investment LLC is a single asset real estate company based in
Miami, Florida.
B&T Investment LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18655) on July 29,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Corali Lopez-Castr ohandles the case.
B&W INC: Hires DeMarco·Mitchell PLLC as Counsel
------------------------------------------------
B&W, Inc. seeks approval from the U.S. Bankruptcy Court for the
Northern District of Texas to employ Demarco·Mitchell, PLLC as
counsel.
The firm will provide these services:
a. take all necessary action to protect and preserve the
Estate, including the prosecution of actions on its behalf, the
defense of any actions commenced against it, negotiations
concerning all litigation in which it is involved, and objecting to
claims;
b. prepare on behalf of the Debtor all necessary motions,
applications, answers, orders, reports, and papers in connection
with the administration of the estate herein;
c. formulate, negotiate, and propose a plan of reorganization;
and
d. perform all other necessary legal services in connection
with these proceedings.
The firm will be paid at these rates:
Robert T. DeMarco $450 per hour
Michael S. Mitchell $300 per hour
Barbara Drake, Paralegal $125 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert T. DeMarco, Esq., a partner at Demarco Mitchell PLLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Robert T. DeMarco, Esq.
Michael S. Mitchell, Esq.
Demarco Mitchell PLLC
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (972) 578-1400
Fax: (972) 346-6791
Email robert@demarcomitchell.com
mike@demarcomitchell.com
About B&W, Inc.
B&W Inc., aka Granite & Tile Outlet II, provides granite, tile, and
related remodeling products and services for residential and
commercial applications.
B&W Inc. sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-42650) on July 22,
2025. In its petition, the Debtor reports total assets of $589,701
and total liabilities of $1,999,013.
Honorable Bankruptcy Judge Edward L. Morris handles the case.
The Debtor is represented by Robert T DeMarco, Esq. at DeMARCO
MITCHELL, PLLC.
BACK DRAUGHTS: Ruediger Mueller of TCMI Named Subchapter V Trustee
------------------------------------------------------------------
The U.S. Trustee for Region 21 appointed Ruediger Mueller of TCMI,
Inc. as Subchapter V trustee for Back Draughts, LLC.
Mr. Mueller will be paid an hourly fee of $350 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Mueller declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Ruediger Mueller
TCMI, Inc.
1112 Watson Court
Reunion, FL 34747
Telephone: (678) 863-0473
Facsimile: (407) 540-9306
Email: truste@tcmius.com
About Back Draughts LLC
Back Draughts, LLC, doing business as Backdraughts Pizza, operates
a wood-fired pizzeria serving pizza as its main offering, along
with craft beer, fine wine, and cocktails. The family-owned
business emphasizes a welcoming atmosphere and serves freshly
prepared food.
Back Draughts filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-05033) on July
23, 2025. In its petition, the Debtor reported estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
Judge Catherine Peek McEwen handles the case.
The Debtor is represented by Erik Johanson, Esq., at Erik Johanson,
PLLC.
BALERNO CASTLE: Seeks to Hire Tang & Associates as Counsel
----------------------------------------------------------
Balerno Castle LLC seeks approval from the U.S. Bankruptcy Court
for the Central District of California to employ Tang & Associates
as counsel.
The firm will render these services:
(a) advise the Debtor on matters relating to administration of
the Estate, and on the Debtor's rights and remedies about the
Estate's assets and the claims of secured and unsecured creditors;
(b) appear for, prosecute, defend, and represent the Debtor's
interest in suits arising in or related to this case, including any
adversary proceedings against the Debtor;
(c) assist in the preparation of such pleadings, applications,
schedules, orders, and other documents as are required for the
orderly administration of this Estate; and
(d) represent the Debtor in any adversary proceeding to
recover assets of the bankruptcy estate.
The firm will be paid at these rates:
Attorneys $500 per hour
Paralegals $200 per hour
The firm received a retainer of $22,000, of which the amount of
2,000 was sourced from the Debtor's own funds, and the amount of
$20,000 as gift from Isaac Rosales, the son of Hector Contreras and
a 49 percent owner of the Debtor.
Mr. Tang disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Kevin Tang, Esq.
Tang & Associates
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
Telephone: (714) 594-7022
Facsimile: (714) 421-4439
Email: kevin@tang-associates.com
About Balerno Castle LLC
Balerno Castle, LLC owns a multi-family residential building
located at 253 S. Carondelet Street in Los Angeles, California. The
two-story property comprises six rental units and is classified as
single-asset real estate under 11 U.S.C. Section 101(51B). The
company also owns a separate property at 3912 Eagle Street in Los
Angeles.
Balerno Castle sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-15322) on June 24,
2025. In its petition, the Debtor reported total assets of
$3,804,000 and total liabilities of $2,074,239.
Judge Julia W. Brand handles the case.
The Debtor is represented by Kevin Tang, Esq., at Tang &
Associates.
BAUSCH HEALTH: Plans to Slash Debt by $900MM w/ Cash on Hand
------------------------------------------------------------
Guillermo Molero of Bloomberg Law reports that Bausch Health
announced plans to reduce its debt by approximately $900 million
through the use of cash on hand as part of its ongoing efforts to
optimize its capital structure.
Its subsidiary, Bausch Health Americas, will redeem roughly $602
million of its 9.25% Senior Notes due 2026 on August 28, 2025.
Another subsidiary, Bausch Receivables Funding LP, intends to fully
repay all outstanding obligations under its receivables financing
facility, which had an outstanding principal balance of $300
million as of July 28, 2025. The company plans to terminate the
facility and related agreements effective October 27, 2025,
according to Bloomberg Law.
Bausch said the moves align with its broader strategy to strengthen
its financial position.
About Bausch Health Companies Inc.
Bausch Health Companies Inc. develops drugs for unmet medical needs
in central nervous system disorders, eye health, and
gastrointestinal diseases, as well as contact lenses, intraocular
lenses, ophthalmic surgical equipment, and aesthetic devices.
As of March 31, 2024, the Company had $26.91 billion in total
assets, $27.09 billion in total liabilities, and $174 million in
total deficit.
* * *
In May 2025, Fitch Ratings has affirmed and withdrawn Bausch Health
Companies Inc.'s (BHC) and Bausch Health Americas, Inc.'s (BHA)
(collectively, BHC) Company Default Ratings (IDRs) at 'CCC+'. Prior
to the withdrawal, the ratings remained in the 'CCC' category
reflecting the long-term refinancing risk, non-zero risk of a
distressed debt exchange for later maturities, and a weakening
balance sheet when XIFAXAN revenues decline and if BHC separates
Bausch + Lomb Corporation. Fitch has also affirmed and withdrawn
the instrument ratings including the first lien debt issued by
1261229 B.C. Ltd and BHC at 'B' with a Recovery Rating of 'RR2',
the second lien debt (issued by BHC) at 'CCC-'/'RR6' and the
unsecured notes (issued by BHC and BHA) at 'CC'/'RR6'.
Fitch has subsequently withdrawn all ratings due to commercial
reasons. Fitch will therefore no longer provide rating or
analytical coverage on Bausch.
BEDMAR LLC: Fights Trustee's Bid to Dismiss Chapter 11 Bankruptcy
-----------------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that Bedmar LLC,
the leasing arm of pharmaceutical company National Resilience
HoldCo Inc., argued in Delaware bankruptcy court on Tuesday, July
29, 2025, that its Chapter 11 case was filed legitimately, pushing
back against allegations from the U.S. Trustee and landlords who
claim the filing was made in bad faith to avoid lease obligations.
About Bedmar, LLC
Bedmar LLC is a real estate company based in San Diego, California,
that owns and manages manufacturing, laboratory, and office
properties across several U.S. locations, including Massachusetts,
California, and Florida. Its portfolio includes multiple sites in
Bedford, Allston, Marlborough, San Diego, Fremont, and Alachua. The
Company's current operations are primarily focused on managing and
winding down these sites.
Bedmar LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. Del. Case No. 25-11027) on June 9, 2025. In its
petition, the Debtor reported estimated assets and liabilities of
$50 million to $100 million.
The petition was signed by Christopher S. Sontchi as independent
manager.
The Honorable J Kate Stickles handles the case.
Richards Layton & Finger, P.A. is the Debtors' counsel. The
Debtor's financial and restructuring advisor is Douglas Wilson
Companies. The Debtor's claims and noticing agent is Epiq Corporate
Restructuring LLC.
BEELINE HOLDINGS: Sets Aug. 14 for Q2 Results and Stakeholder Call
------------------------------------------------------------------
Beeline Holdings, Inc. announced that it will release its financial
results for the second quarter of 2025 after market close on
Thursday, August 14, 2025, followed by a stakeholder update call at
5:00 PM ET.
The call will be hosted by Nick Liuzza, Chief Executive Officer,
and Chris Moe, Chief Financial Officer, who will review the
company's performance and provide updates on ongoing initiatives.
Call Details:
* Listen-only webcast: https://www.gowebcasting.com/14078
* Toll-Free Dial-In (U.S.): 1-833-752-5070
* International Dial-In: 1-647-849-3415
About Beeline Holdings
Beeline Financial Holdings, Inc. is a trailblazing mortgage fintech
transforming the way people access property financing. Through its
fully digital, Al-powered platform, Beeline delivers a faster,
smarter path to home loans-whether for primary residences or
investment properties. Headquartered in Providence, Rhode Island,
Beeline is reshaping mortgage origination with speed, simplicity,
and transparency at its core. The company is a wholly owned
subsidiary of Beeline Holdings and also operates Beeline Labs, its
innovation arm focused on next-generation lending solutions.
Boca Raton, Florida-based Salberg & Company, P.A., the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has incurred recurring losses and negative cash
flows from operations since its inception, has a significant
working capital deficit, and is dependent on debt and equity
financing. These matters raise substantial doubt about the
Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $66.5 million in total assets,
$17.5 million in total liabilities, and a total stockholders'
equity of $49 million.
BISHOP OF FRESNO: Taps Mr. Long as Restructuring Coordinator
------------------------------------------------------------
The Roman Catholic Bishop of Fresno seeks approval from the U.S.
Bankruptcy Court for the District of California to employ Terence
J. Long, MBA, CTP, CIRA as restructuring coordinator.
Mr. Long's services include:
a. evaluating existing operations of the Debtor, by interviewing
personnel and reviewing available documents;
b. coordinating priorities and workflow of the Debtor's
personnel with preparing for and fulfilling the requirements of a
Chapter 11 debtor in possession;
c. acting as a declarant in matters related to the bankruptcy
case;
d. working closely with the Debtor's legal counsel and financial
advisor to prevent the duplication of efforts in the provision of
any services; and
e. providing any other duty or task which falls within the
normal responsibilities of a restricting coordinator at the
direction of the Debtor's Management and/or Board.
The firm will be paid at the rate of $265 per hour.
The Debtor paid Mr. Long a retainer of $50,000.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Mr. Long disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Terence J. Long, MBA, CTP, CIRA
Fresno, CA
About The Roman Catholic Bishop of Fresno
The Roman Catholic Bishop of Fresno, a corporation sole, is a
California nonprofit religious organization that administers the
temporal affairs of the Roman Catholic Diocese of Fresno. It
provides leadership, support services, and resources to 87
parishes, diocesan schools, cemeteries, and Catholic-based social
and community service organizations across the diocese. Its
operations are primarily funded through parish and school
assessments, donations, grants, service fees, cemetery pre-need
sales, and investment income.
The Roman Catholic Bishop of Fresno sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D. Calif. Case No. 25-12231)
on July 1, 2025. In its petition, the Debtor reported between $50
million and $100 million in assets and liabilities.
Judge Rene Lastreto II handles the case.
The Debtor is represented by Hagop T. Bedoyan, Esq., at McCormick,
Barstow, Sheppard, Wayte & Carruth, LLP. Donlin, Recano & Company,
Inc. is the Debtor's claims and noticing agent.
BLH TOPCO: Seeks to Extend Plan Exclusivity to October 22
---------------------------------------------------------
BLH TopCo, LLC, and its affiliates asked the U.S. Bankruptcy Court
for the District of Delaware to extend their exclusivity periods to
file a plan of reorganization and obtain acceptance thereof to
October 22 and December 22, 2025, respectively.
The Debtors explain that the requested extension of the Exclusive
Periods is reasonable given the status of these chapter 11 cases
and the progress achieved to date. The Debtors have made
significant progress in the months that these chapter 11 cases have
been pending. As the Debtors move toward confirmation and the
eventual wind down of their estates, the demands on their attention
and resources will remain.
In addition to advancing toward confirmation, the Debtors and their
professionals will continue to focus on maximizing the value of
their estates by managing ongoing chapter 11 administrative tasks
for the benefit of their stakeholders. An extension of the
Exclusive Periods as requested herein will allow the Debtors to
finalize a chapter 11 plan that meets the requirements of the
Bankruptcy Code. Accordingly, the Debtors' efforts to date and the
tasks that remain to be completed justify the extension of the
Exclusive Periods.
The Debtors claim that they continue to timely pay their undisputed
postpetition obligations. As such, the requested extension of the
Exclusive Periods will afford the Debtors a meaningful opportunity
to finalize a chapter 11 plan without prejudice to the parties in
interest in these chapter 11 cases.
The Debtors assert that throughout the chapter 11 process, the
Debtors have endeavored to establish and maintain cooperative
working relationships with its primary creditor constituencies.
Importantly, the Debtors are not seeking the extension of the
Exclusive Periods to delay administration of these chapter 11 cases
or to exert pressure on its creditors, but rather to continue the
orderly, efficient, and cost-effective chapter 11 process. Thus,
this factor also weighs in favor of the requested extension of the
Exclusive Periods.
In addition to the factors discussed, termination of the Exclusive
Periods would adversely impact the administration of these chapter
11 cases. If the Court were to deny the Debtors' request for an
extension of the Exclusive Periods, upon the expiration of the
Exclusive Filing Period, any party in interest would be free to
propose a chapter 11 plan for the Debtors and solicit acceptances
thereof. Such a ruling could undermine the Debtors' progress in
these chapter 11 cases and thwart any meaningful opportunity for
the Debtors to emerge from chapter 11 with maximum value for their
creditors and other stakeholders.
Counsel to the Debtor:
Thomas J. Francella, Jr., Esq.
Raines Feldman Littrell LLP
824 North Market Street, Suite 805
Wilmington, DE 19801
Telephone: (302) 772-5803
Email: tfrancella@raineslaw.com
About BLH TopCo
BLH TopCo, LLC is the operator and franchisor of locally themed,
social gastrobars under the "Bar Louie" brand. Bar Louie is an
upscale neighborhood bar and eatery. Established in 1991 in
Chicago, Ill., BLH TopCo and its affiliates currently operate 31
locations, franchise an additional 17, and employ roughly 1,400
individuals across 19 states. Bar Louie restaurants are situated in
various settings, such as lifestyle centers, conventional shopping
malls, event venues, central business districts, and other unique
standalone locations.
BLH TopCo and its affiliates filed Chapter 11 petitions (Bankr. D.
Del. Lead Case No. 25-10576) on March 26, 2025. In its petition,
BLH TopCo reported between $1 million and $10 million in assets and
between $50 million and $100 million in liabilities.
Judge Craig T. Goldblatt handles the cases.
The Debtors are represented by Thomas J. Francella, Jr., Esq., and
Mark W. Eckard, Esq., attorneys at Raines Feldman Littrell, LLP.
Bankruptcy Management Solutions, Inc., doing business as Stretto,
serves as the Debtors' claims and noticing agent.
BLUE HEATING: Jonathan Dickey Named Subchapter V Trustee
--------------------------------------------------------
The Acting U.S. Trustee for Region 19 appointed Jonathan Dickey as
Subchapter V trustee for The Blue Heating and Air Conditioning
LLC.
Mr. Dickey will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Dickey declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jonathan M. Dickey, Esq.
1660 Lincoln Street, Suite 1720
Denver, CO 80264
303-832-2400
Email: jmd@kutnerlaw.com
About The Blue Heating and Air Conditioning
The Blue Heating and Air Conditioning, LLC filed a petition under
Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. D. Colo.
Case No. 25-14585) on July 23, 2025, listing up to $50,000 in
assets and between $100,001 to $500,000 in liabilities.
Johnny Wilson, Esq., represents the Debtor as legal counsel.
BMX TRANSPORT: Seeks to Extend Plan Exclusivity to January 15, 2026
-------------------------------------------------------------------
BMX Transport LLC asked the U.S. Bankruptcy Court for the Northern
District of Georgia to extend its exclusivity periods to file a
plan of reorganization and obtain acceptance thereof to January 15,
2026 and March 13, 2026, respectively.
The Debtor anticipates filing a plan in the coming months and seeks
an extension to the Exclusivity Periods to preclude the costly
disruption and instability that would occur if competing plans were
proposed either before the Debtor's plan is confirmed, or, if the
Debtor's plan is not confirmed, before the Debtor has a meaningful
opportunity to work with its key constituencies to put forth an
amended proposal.
This Motion is the Debtor's first request for an extension of the
Exclusivity Periods, and the request will not unfairly prejudice or
pressure the Debtor's creditor constituencies or grant the Debtor
any unfair bargaining leverage. The Debtor needs creditor support
to confirm any plan, so the Debtor is in no position to impose or
pressure its creditors to accept unwelcome plan terms. The Debtor
seeks an extension of the Exclusivity Periods to advance the case
and continue good faith negotiations with its stakeholders.
The Debtor claims that premature termination of the Exclusivity
Periods may engender duplicative expense and litigation associated
with multiple competing plans. Any litigation with respect to
competing plans and resulting administrative expenses will only
decrease recoveries to the Debtor's creditors and significantly
delay, if not undermine entirely, the possibility of prompt
confirmation of a plan of reorganization.
The Debtor explains that given the consequences for its estate if
the relief requested herein is not granted and the substantial
progress made to date, the requested extension of the Exclusivity
Periods will not prejudice the legitimate interests of any party in
interest in this case. Rather, the extension will further the
Debtor's efforts to preserve value and avoid unnecessary and
wasteful litigation.
BMX Transport LLC is represented by:
Benjamin Keck, Esq.
Keck Legal, LLC
2801 Buford Highway NE, Suite 115
Atlanta, GA 30329
Tel: (470) 826-6020
Email: bkeck@kecklegal.com
About BMX Transport LLC
BMX Transport LLC provides long-distance specialized freight
trucking services across the United States, focusing on goods that
require unique handling or equipment. The Company offers full
truckload transport using dry vans and refrigerated trailers,
supported by warehousing and 24/7 logistics operations.
Headquartered in Georgia, it operates a federally authorized fleet
of trucks and trailers.
BMX Transport LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-20705) on May 5, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge James R. Sacca handles the case.
The Debtors are represented by Benjamin Keck, Esq. at KECK LEGAL,
LLC.
BOZELL AND JACOBS: Hires Turner Legal Group as Counsel
------------------------------------------------------
Bozell and Jacobs, LLC seeks approval from the U.S. Bankruptcy
Court for the District of Nebraska to employ Turner Legal Group,
LLC as counsel.
The firm will provide these services:
a. perform all necessary services as Debtor's bankruptcy
counsel, including, without limitation, providing Debtor with
advice, representing Debtor, and preparing necessary documents on
behalf of Debtor in the areas of restructuring and bankruptcy;
b. advising Debtor with respect to its powers and duties as
debtor-in-possession in the continued management and operation of
its businesses and properties;
c. attending meetings and negotiating with creditors and
other parties in interest;
d. taking all necessary action to protect and preserve
Debtor's assets, including the prosecution of actions on behalf of
Debtor's estate, the defense of any actions commenced against
Debtor's estate, negotiations concerning litigation in which Debtor
may be involved, and objections to claims filed against Debtor's
estate;
e. preparing, or coordinating preparation of motions,
applications, answers, orders, reports, papers and other pleadings
necessary to administer Debtor's estate;
f. taking any necessary action on behalf of Debtor to obtain
approval of a disclosure statement and confirmation of a plan of
reorganization on behalf of Debtor;
g. representing Debtor in connection with any potential
post-petition financing;
h. appearing before this Court, appellate courts and any
other courts to protect the interests of Debtor and its estate;
and
i. performing any and all other necessary legal services in
connection with Debtor's case and reorganization as requested by
Debtor.
The firm will be paid at the rate of $175 to $325 per hour. The
firm will also be reimbursed for reasonable out-of-pocket expenses
incurred.
The firm received from the Debtor a retainer in the amount of
$12,953.34.
Mr. Turner disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Patrick R. Turner, Esq.
Turner Legal Group, LLC
9375 Burt Street, #100
Omaha, NE 68114
Tel: (402) 690-3675
Email: pturner@turnerlegalomaha.com
About Bozell and Jacobs, LLC
Bozell and Jacobs, LLC, filed a Chapter 11 bankruptcy petition
(Bankr. D. Neb. Case No. 25-80756) on July 23, 2025. The Debtor
hires Turner Legal Group, LLC as counsel.
BREWER TAFLA DENTAL: Seeks Chapter 11 Bankruptcy in Texas
---------------------------------------------------------
On July 28, 2025, Brewer Tafla Dental Technologies LLC filed
Chapter 11 protection in the U.S. Bankruptcy Court for the Southern
District of Texas. 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 Brewer Tafla Dental Technologies LLC
Brewer Tafla Dental Technologies LLC is a Massachusetts-based
company specializing in dental laboratory technologies and
equipment.
Brewer Tafla Dental Technologies LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90271)
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.
BREWER'S LAWN: Hires Shane Heskin Esq. as Special Counsel
---------------------------------------------------------
Brewer's Lawn Care and Property Preservation, LLC seeks approval
from the U.S. Bankruptcy Court for the Western District of
Tennessee to employ Shane Heskin, Esq. as special counsel.
The Debtor needs the firm's legal assistance in connection with the
adversary proceedings against Merchant Cash Advance lenders.
The firm will be paid 40 percent of any recovery of the bankruptcy
estate.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Shane Heskin, Esq.
About Brewer's Lawn Care and
Property Preservation, LLC
Brewer's Lawn Care and Property Preservation, LLC sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Tenn.
Case No. 25-10771) on June 9, 2025. In its petition, the Debtor
reported total assets of $71,940 and total liabilities of
$1,038,624.
Judge Jimmy L. Croom handles the case.
The Debtor is represented by C. Jerome Teel Jr., Esq., at Teel &
Gay, PLC.
BRIGHT GREEN: Hires Michael Best & Friedrich as Counsel
-------------------------------------------------------
Bright Green Corporation seeks approval from the U.S. Bankruptcy
Court for the District of New Mexico to employ Michael Best &
Friedrich LLP as bankruptcy and general counsel.
The firm will render these services:
a. advise and assist the Debtor with respect to its rights,
duties, and powers under the Bankruptcy Code;
b. advise the Debtor as to the course of this Chapter 11 case,
including the legal and administrative requirements of operating as
a Chapter 11 debtor-in-possession;
c. attend meetings and negotiate with representatives of the
Debtor's creditors and other interested parties;
d. prosecute actions on behalf of the Debtor, defend actions
commenced within this case against the Debtor, and represent the
Debtor's interests in negotiations concerning litigation in which
the Debtor is involved and claims against the Debtor and its
estate;
e. prepare pleadings in connection with this Chapter 11 case,
including motions, application, answers, proposed orders, reports,
and papers necessary or otherwise beneficial to the administration
of the Debtor's estate;
f. advise the Debtor in connection with and assist in the
negotiation and documentation of financing arrangements and related
transactions, contracts, commercial transactions, and any potential
sale of assets;
g. assist the Debtor in licensing, regulatory, tax and other
governmental matters related to this case and its restructuring;
h. appear before the Court to represent the Debtor's interest
and those of its estate;
i. assist the Debtor in preparing, negotiating, and
implementing a plan, and advise the Debtor, if necessary, as to any
rejection or amendments to the plan; and
j. perform all other necessary or appropriate legal services
for the Debtor in connection with the prosecution of this Chapter
11 case.
The firm will be paid at these rates:
Justin M. Mertz (Partner) $855 per hour
David DiGiacomo (Partner) $800 per hour
Christopher J. Schreiber (Partner) $800 per hour
Davis W. Sullivan (Associate) $455 per hour
Emily K. Sexton (Associate) $420 per hour
Other Partners $585 to 1,350 per hour
Other Associates and Staff Attorneys $420 to 600 per hour
Paralegals/Other Paraprofessionals $100 to 300 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
On July 17, 2025, the Debtor's principal owners, John Stockwell and
Lynn Stockwell paid $100,000 to the firm, which represents one-half
of the Retainer. The Debtors have agreed to pay the remaining
portion of the Retainer in two additional installments of $50,000,
one on or before August 1, 2025 and one on or before September 1,
2025.
Justin M. Mertz, Esq., a partner at Michael Best & Friedrich LLP,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Justin M. Mertz, Esq.
Michael Best & Friedrich LLP
790 N. Water St., Ste. 2500
Milwaukee, WI 53202
Telephone: (414) 271-6560
Facsimile: (414) 277-0656
Email: jmmertz@michaelbest.com
About Bright Green Corporation
Bright Green Corporation, was among the first entrants in the U.S.
federally authorized cannabis space for research and medical
development.
The Debtor filed a Chapter 11 bankruptcy petition (Bankr. D.N.M.
Case No. 25-10195-11) on Feb. 22, 2025. The Debtor hires NEPHI D.
HARDMAN ATTORNEY AT LAW, LLC as counsel.
BURNT LLC: Areya Holder Aurzada Named Subchapter V Trustee
----------------------------------------------------------
The U.S. Trustee for Region 6 appointed Areya Holder Aurzada, Esq.,
at Holder Law as Subchapter V trustee for Burnt LLC.
Ms. Aurzada will be paid an hourly fee of $575 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Aurzada declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Areya Holder Aurzada, Esq.
Holder Law
901 Main Street, Ste. 5320
Dallas, TX 75202
Office: 972-438-8800
Mobile: 817-907-4140
About Burnt LLC
Burnt LLC, operating as Burnt BBQ & Tacos, is a restaurant business
based in Plano, Texas specializing in BBQ and taco offerings.
Burnt filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Texas Case No. 25-42654) on July 23,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $100,000 and $500,000 in liabilities.
The Debtor is represented by DeMarco Mitchell, PLLC.
BURNT LLC: Hires Demarco·Mitchell PLLC as Counsel
--------------------------------------------------
Burnt, LLC seeks approval from the U.S. Bankruptcy Court for the
Northern District of Texas to employ Demarco·Mitchell, PLLC as
counsel.
The firm will provide these services:
a. take all necessary action to protect and preserve the
Estate, including the prosecution of actions on its behalf, the
defense of any actions commenced against it, negotiations
concerning all litigation in which it is involved, and objecting to
claims;
b. prepare on behalf of the Debtor all necessary motions,
applications, answers, orders, reports, and papers in connection
with the administration of the estate herein;
c. formulate, negotiate, and propose a plan of reorganization;
and
d. perform all other necessary legal services in connection
with these proceedings.
The firm will be paid at these rates:
Robert T. DeMarco $450 per hour
Michael S. Mitchell $300 per hour
Barbara Drake, Paralegal $125 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The Debtor provided the firm a retainer of $10,000.
Robert T. DeMarco, Esq., a partner at Demarco Mitchell PLLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Robert T. DeMarco, Esq.
Michael S. Mitchell, Esq.
Demarco Mitchell PLLC
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (972) 578-1400
Fax: (972) 346-6791
Email robert@demarcomitchell.com
mike@demarcomitchell.com
About Burnt, LLC
Burnt, LLC, filed a Chapter 11 bankruptcy petition (Bankr. N.D.
Tex. Case No. 25-42654) on July 23, 2025. The Debtor hires
Demarco·Mitchell, PLLC as counsel.
BYJU'S ALPHA: Founders Question Chapter 11 Suit Jurisdiction
------------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that the
founders of bankrupt edtech firm Byju's Alpha, a married couple,
have asked a Delaware judge to dismiss the company's $533 million
adversary complaint, arguing that the bankruptcy court lacks
personal jurisdiction over them.
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.
CAREERBUILDER + MONSTER: Sales Approved After Robust Auction
------------------------------------------------------------
CareerBuilder + Monster, a global talent marketplace and workforce
solutions leader, announced it has received approval from the U.S.
Bankruptcy Court for the District of Delaware to consummate 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.
The sales were approved following a robust auction, where the
aggregate purchase price for the three winning bids nearly doubled
the Company's stalking horse bids. 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.
Latham & Watkins LLP represents CareerBuilder + Monster in its
Chapter 11 sale process with a restructuring & special situations
team led by New York partners Ray C. Schrock and Candace M. Arthur
and London partner Jessica Walker, with associates Jonathan Gordon,
Allie Lisner, Alex McKenzie, John Zhang, Ben Russell, and Montana
Licari. Advice on corporate matters was provided by New York
partners Rick Press and Michael Anastasio, and New York counsel Ben
Kaplan and Richard Quay, with associates Victor Wang, Christopher
Lim, Josh Barkow, Mary Ann Gallucci, and Shoumick Hasan, with
assistance from Wendy Li; on tax matters by Chicago partner Joseph
Kronsnoble, with associates Lukas Kutilek and Joyce Shin; on
intellectual property matters by Washington, D.C. partner Morgan
Brubaker, with associates Julian Savelski and Ryan Clore; on
antitrust matters by San Francisco partner Joshua Holian, with
associate Doug Tifft; on executive compensation, employment, &
benefits matters by Washington, D.C. partner Erin Murphy and New
York counsel Rifka Singer; on CFIUS matters by counsel Catherine
Hein; on banking matters by New York partner Scott Ollivierre, with
associate Kate Waterman; on data privacy matters by Houston partner
Robert Brown, with associate Stuart Cobb; on real estate matters by
counsel Jeffrey Anderson; on labor & employment matters by Chicago
partner Nineveh Alkhas and counsel Laura Waller; and on insurance
matters by San Diego partner Drew Gardiner.
About CareerBuilder + Monster Venture
About Zen JV LLC
Zen JV, LLC, operates online employment platforms and related
digital media services through brands such as CareerBuilder,
Monster, Fastweb, and Military.com. The Company also provides
human capital software solutions to government agencies via Monster
Government Services.
On June 24, 2025, Zen JV, LLC and 9 affiliates sought Chapter 11
protection (Bankr. D. Del. Lead Case No. 25-11195) with deals to
sell key assets to three parties.
Latham & Watkins LLP and Richards, Layton & Finger, P.A., are
counsel to the Debtors. AlixPartners, LLP, is the Debtors'
financial advisor, and PJT Partners LP is the investment banker.
Omni Agent Solutions is the claims agent.
Duane Morris LLP is advising buyer JobGet. Stoel Rives LLP is
advising purchaser Valnet. Proskauer Rose LLP is advising
purchaser Valsoft.
CBRM REALTY: Amends Plan to Include Crown Capital Interests Details
-------------------------------------------------------------------
CBRM Realty Inc. and its affiliates submitted a Revised Disclosure
Statement for the Joint Chapter 11 Plan dated July 24, 2025.
The Debtors own and operate the Kelly Hamilton Apartments, a
multifamily affordable housing complex located in Pittsburgh,
Pennsylvania (the "Kelly Hamilton Property"). The property provides
rent-restricted housing to low-income residents and is supported in
part by government housing programs.
With the Kelly Hamilton DIP Facility in place, operations
stabilized, and following over a month of arm's-length negotiations
with the Kelly Hamilton Purchaser, the Debtors are proceeding with
a chapter 11 plan that contemplates a court-approved sale of the
Kelly Hamilton Property as the cornerstone of their restructuring
strategy (the "Kelly Hamilton Sale Transaction"). To that end,
Debtor Kelly Hamilton will enter into certain Purchase and Sale
Agreement, dated July 11, 2025, with the Kelly Hamilton Purchaser
(the "Kelly Hamilton Purchase Agreement").
In connection with the filing of the Plan and this Disclosure
Statement, the Debtors filed a motion seeking entry of an order (a)
establishing bidding and auction procedures, (b) scheduling an
auction and sale hearing, (c) approving the form and manner of
notice related thereto, and (d) authorizing the Debtors' entry into
the Kelly Hamilton Purchase Agreement (the "Bidding Procedures
Motion"). The milestones require, among other things, approval of
this Disclosure Statement, commencement of solicitation, and entry
of a confirmation order by September 4, 2025.
Class 7 consists of Intercompany Claims. On or after the Effective
Date, except as otherwise provided in the Plan Supplement, each
Intercompany Claim shall be canceled, released, and extinguished
and of no further force or effect without any distribution on
account of such Intercompany Claim.
Class 8 consists of Intercompany Interests. On the Effective Date,
except as otherwise provided in the Plan Supplement, each Holder of
an Intercompany Interest shall not be entitled to any Distribution
on account of such Intercompany Interest, which shall be canceled,
released, and extinguished and of no further force or effect
without further action by the Debtors.
Class 9 consists of CBRM Interests. On the Effective Date, each
Holder of a CBRM Interest shall not be entitled to any Distribution
on account of such Interest, which shall be transferred to the
Creditor Recovery Trust as provided in the Plan.
Class 10 consists of Crown Capital Interests. On the Effective
Date, each Holder of a Crown Capital Interest shall not be entitled
to any Distribution on account of such Interest, which shall be
transferred to the Creditor Recovery Trust as provided in the
Plan.
The Debtors intend to fund distributions under the Plan through a
combination of (a) proceeds from the Kelly Hamilton Sale
Transaction; (b) the Creditor Recovery Trust Assets; and (c) other
available assets.
The Kelly Hamilton Sale Transaction contemplates the sale of
substantially all assets of Debtor Kelly Hamilton to the Kelly
Hamilton Purchaser pursuant to the Kelly Hamilton Purchase
Agreement. The Kelly Hamilton Purchase Agreement provides for,
among other things, a credit bid of all obligations outstanding
under the Kelly Hamilton DIP Facility, the potential assumption of
certain liabilities, and the payment of cure amounts for assigned
executory contracts. The agreement also includes bid protections to
be approved by the Bankruptcy Court. If the Kelly Hamilton Purchase
Agreement is terminated and an alternative transaction is
consummated through the Sale Process, the Plan will be funded using
the consideration provided by the successful bidder in accordance
with the Court-approved bidding procedures.
In addition to the proceeds from the Kelly Hamilton Sale
Transaction, the Debtors will fund certain Plan distributions and
obligations using: (i) Cash on hand as of the Effective Date,
including proceeds from the Kelly Hamilton DIP Facility; (ii) the
Creditor Recovery Trust Amount—consisting of (a) $443,734 in
proceeds from the Kelly Hamilton DIP Facility, and (b) to the
extent that a NOLA Restructuring Transaction has been consummated,
or the NOLA DIP Lenders and the Independent Fiduciary otherwise
agree in writing, or as ordered by the Bankruptcy Court, $1,000,000
in proceeds from the NOLA DIP Facility, to be transferred to the
Creditor Recovery Trust on the Effective Date; and (iii) any
proceeds from retained Causes of Action and Contributed Claims
administered by the Creditor Recovery Trust. The Creditor Recovery
Trust Amount will be distributed first to Holders of Allowed Crown
Capital Unsecured Claims, and if such Claims are paid in full, to
Holders of Allowed CBRM Unsecured Claims, in accordance with the
Creditor Recovery Trust Agreement and the Plan.
A full-text copy of the Revised Disclosure Statement dated July 24,
2025 is available at https://urlcurt.com/u?l=xkLOOT from Verita
Global, claims agent.
Counsel to the Debtors:
Andrew Zatz, Esq.
Barrett Lingle, Esq.
WHITE & CASE LLP
1221 Avenue of the Americas
New York, New York 10020
Tel: (212) 819-8200
Email: azatz@whitecase.com
barrett.lingle@whitecase.com
- and -
Gregory F. Pesce, Esq.
Adam Swingle, Esq.
WHITE & CASE LLP
111 South Wacker Drive
Chicago, Illinois 60606
Tel: (312) 881-5400
E-mail: gregory.pesce@whitecase.com
adam.swingle@whitecase.com
Co-Counsel to the Debtors:
Kenneth A. Rosen, Esq.
KEN ROSEN ADVISORS PC
80 Central Park West
New York, New York 10023
Tel: (973) 493-4955
E-mail: ken@kenrosenadvisors.com
About CBRM Realty
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.
CCM MERGER: S&P Withdraws 'B+' Issuer Credit Rating
---------------------------------------------------
S&P Global Ratings withdrew all its ratings on CCM Merger Inc.,
including the 'B+' issuer credit rating, at the issuer's request.
At the time of the withdrawal, S&P's outlook on the company was
stable.
CELSIUS NETWORK: Secures Key Jurisdictional Customer Clawbacks Win
------------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that on Tuesday, July 29, 2025,
a New York bankruptcy judge ruled that Celsius Network LLC can
proceed with clawback lawsuits in the U.S. against international
customers who withdrew more than $100,000 from the platform shortly
before its collapse.
Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern
District of New York held that thousands of users who rejected
earlier settlement offers will still face litigation over
withdrawals made within 90 days prior to Celsius' 2022 Chapter 11
filing.
About Celsius Network
Celsius Network LLC -- http://www.celsius.network/-- is a
financial services company that generates revenue through
cryptocurrency trading, lending, and borrowing, as well as by
engaging in proprietary trading.
Celsius helps over a million customers worldwide to find the path
towards financial independence through a compounding yield service
and instant low-cost loans accessible via a web and mobile app.
Celsius has a blockchain-based fee-free platform where membership
provides access to curated financial services that are not
available through traditional financial institutions.
The Celsius Wallet claims to be one of the only online crypto
wallets designed to allow members to use coins as collateral to get
a loan in dollars, and in the future, to lend their crypto to earn
interest on deposited coins (when they're lent out).
Crypto lenders such as Celsius boomed during the COVID-19 pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022.
New Jersey-based Celsius froze withdrawals in June 2022, citing
"extreme" market conditions, cutting off access to savings for
individual investors and sending tremors through the crypto
market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now includes Celsius Network, Three Arrows
Capital and Voyager Digital.
Celsius Network, LLC and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case
No. 22-10964) on July 14, 2022. In the petition filed by CEO Alex
Mashinsky, the Debtors estimated assets and liabilities between $1
billion and $10 billion.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as bankruptcy counsels; Fischer (FBC & Co.) as
special counsel; Centerview Partners, LLC as investment banker; and
Alvarez & Marsal North America, LLC as financial advisor. Stretto
is the claims agent and administrative advisor.
On July 27, 2022, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee tapped White & Case, LLP as
its bankruptcy counsel; Elementus Inc. as its blockchain forensics
advisor; M3 Advisory Partners, LP as its financial advisor; and
Perella Weinberg Partners, LP as its investment banker.
Shoba Pillay, Esq., is the examiner appointed in the Debtors'
Chapter 11 cases. Jenner & Block, LLP and Huron Consulting
Services, LLC, serve as the examiner's legal counsel and financial
advisor, respectively.
* * *
On November 9, 2023, the Bankruptcy Court entered the Findings of
Fact, Conclusions of Law, and Order Confirming the Modified Joint
Chapter 11 Plan of Celsius Network LLC and Its Debtor Affiliates.
The Effective Date of the Plan occurred January 31, 2024.
CHARLES MONEY: Unsecureds Will Get 100% of Claims in Plan
---------------------------------------------------------
Charles Money Logging Inc. filed with the U.S. Bankruptcy Court for
the Middle District of Alabama a Plan of Reorganization under
Subchapter V dated July 24, 2025.
The Debtor is engaged in the forestry and timber harvesting
industry, with primary operations including timber cruising,
harvesting (cutting), and transportation of raw logs.
As of the petition date, the Debtor's largest, single source of
revenue was from business with Georgia Pacific, which owns the
Cedar Springs Containerboard Mill located in Early County, Georgia
("GA GP Mill").
In May 2025, Georgia Pacific announced the closure of the GA GP
Mill, with approximately 535 jobs to be cut by August 1, 2025,
citing the plant's inability to competitively serve customers
long-term. To that end, while the Debtor has continued to supply
pulpwood to the GA GP Mill since May, 2025, such deliveries have
dwindled from week to week. The Debtor has attempted to counter
this loss of revenue by supplying timber to Mead Corporation.
Class 10 shall consist of all general, unsecured claims for which
the Debtor is liable. The holders of Allowed Unsecured Claims shall
receive 100% of their allowed claims, without post-petition
interest, pursuant to the terms herein. All payments shall be made
pro rata based on the allowed amount of each claim. This Class is
impaired. The allowed unsecured claims total $271,094.37.
The means for effectuating this Plan will be to allow the Debtor to
retain all of its personal property/chattel, which is deemed
necessary for its reorganization, subject to the encumbrances and
liens thereon.
To the extent applicable and necessary, the Debtor will submit all
or such portion of his future, disposable earnings or other further
income received in the 3-year period, or such longer period not to
exceed five years, to the supervision and control of the Trustee as
is necessary for effective execution of this Plan. The Debtor has
expressly assumed all executory contracts.
A full-text copy of the Plan of Reorganization dated July 24, 2025
is available at https://tinyurl.com/2s38525p from PacerMonitor.com
at no charge.
Counsel to the Debtor:
J. Kaz Espy, Esq.
Collier H. Espy, Esq.
The Espy Firm
P.O. Drawer 6504
Dothan, AL 36302-6504
Telephone: (334) 793-6288
Facsimile: (334) 712-1617
Email: cindi@espyfirm.com
About Charles Money Logging
Charles Money Logging Inc. offers logging services, including
timber cutting, log harvesting, and wood chipping.
Charles Money Logging Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Ala. Case No. 25-10442) on April
25, 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 J. Kaz Espy, Esq., at THE ESPY FIRM.
CHC GROUP: S&P Assigns 'B' Issuer Credit Rating, Outlook Stable
---------------------------------------------------------------
S&P Global Ratings assigned its 'B' issuer credit rating to
Private, Irving-headquartered helicopter service provider, CHC
Group LLC.
S&P said, "We also assigned our 'B' issue-level rating to the
proposed senior secured notes. The recovery rating of '3' indicates
our expectation for meaningful (50%-70%; rounded estimate: 55%)
recovery in the event of payment default.
"The stable outlook reflects our view that industry conditions and
the company's backlog will support credit measures. We forecast
average funds from operations (FFO) to debt of 17% and debt to
EBITDA of about 3.75x over the next two years. While we expect the
company will generate about $45 million of free cash flow annually,
we anticipate most of this will be used for finance lease
obligations.
"We assigned our 'B' issuer credit rating to CHC Group LLC. The
rating reflects the company's exposure to the volatile offshore oil
and gas market (we estimate about 85% of revenue), its scale and
market position as one of the largest providers of helicopter
services to the global offshore market, and its backlog of $2.8
billion (which supports revenue visibility over the next two
years). Additionally, it reflects the private equity ownership,
somewhat offset by its reported leverage target of below 3x debt to
EBITDA. Our rating also reflects the diversification and
profitability benefit of its maintenance, repair, and overhaul
(MRO) segment, as well as the general improvement in industry
conditions supporting offshore helicopter pricing."
Offshore segment is the key driver at about 85% of revenues. The
company has 106 aircraft (60% leased) as of March 31, 2025,
consisting of an approximately even mix of heavy-duty Lockheed
Martin/Sikorsky S-92s and medium-duty Leonardo AW139s. The fleet is
about half the size of offshore peer Bristow Group Inc. but larger
than Brazil-focused peer OHI Group S.A. CHC also leases a larger
portion of its fleet compared to Bristow. This exposes the company
to potentially higher lease rates and reduces its asset base, but
also makes it easier to reduce its fleet size during a downturn.
CHC is a global operator with strong market positions in Australia
and Norway, and a presence in the growing offshore Brazil market.
S&P said, "We also note that about 90% of segment revenue is tied
to production activity, which we view as more stable than
exploration. Despite our current price deck assumptions, we believe
offshore capital spending will remain more resilient than onshore
due in part to the longer cycle times of offshore projects."
S&P said, "We view the company's Search and Rescue Services segment
(SAR: 5% of revenue) and its vertically integrated MRO operations
(10%) as providing greater cash flow stability compared to oil and
gas customers. For SAR, we expect it will exit the Ireland market
after the conclusion of its search and rescue contract with the
Irish Coast Guard in fiscal year 2026. We expect steady
contribution from the remaining contracts as the next material
expirations aren't until calendar years 2028-2029."
Regarding its MRO segment (10%), third party revenue with primarily
government and military customers provides an important
diversification benefit to cash flows. It also provides an uplift
to EBITDA margins since most of CHC's operated fleet is under a
power-by-hour (PBH) arrangement with the MRO rather than through an
external original equipment manufacturer (OEM), which S&P views as
more expensive and less flexible at addressing unexpected
down-time. Its main MRO facilities are in Vancouver, Norway, and
Poland, allowing the company to service third-party customers
globally.
Revenue is well contracted over the next two years amid improved
industry conditions. S&P said, "We estimate about 85% of revenue is
contracted for this fiscal year and 70% for next year. We expect
limited new supply of civilian helicopters over the near term to
remain supportive for pricing. We estimate CHC's utilization is
about 90%, with most of the fleet currently receiving pricing that
is well below leading edge. As a result, we expect about 10% of the
fleet to step-up to market pricing this year and about 20% the
following year, supporting revenue growth. We estimate the
company's EBITDA margin will be about 27%, which we assess as
in-line with the broader oilfield service peer group."
S&P said, "Leverage of 3.75x is in-line with the rating, and we
expect minimal free cash flow this year after lease spending. We
anticipate steady credit metrics and cash flows will be supported
by stable offshore demand and expect disciplined spending that
supports the current fleet size. We forecast free cash flow of $45
million this year and expect it will be used primarily for finance
lease obligations. Liquidity is supported by the pro forma $80
million cash balance. Acquisitions and distributions are not part
of our base case. We would likely need to see a track record of
positive free cash flow after lease spending before considering a
higher rating.
"The rating also reflects the financial sponsor ownership. Private
equity firms Cross Ocean Partners (40%) and Bain Capital (20%) have
a majority ownership interest, which in our view gives them
significant influence on CHC's strategic direction, financial
policy, and ultimately its capital structure. However, we do not
expect the company to take distributions until it has made progress
toward its leverage target of 3x (on a company-reported basis).
"The stable outlook reflects our view that favorable industry
conditions and the company's backlog will support credit measures.
"We forecast average FFO to debt of 17% and debt to EBITDA of about
3.75x over the next two years. While we expect the company will
generate about $45 million of free cash flow annually, we
anticipate most of this will be used for finance lease payments.
"We could lower the rating if FFO to debt drops below 12% for a
sustained period, or if liquidity deteriorates. This would most
likely occur if demand for offshore helicopter services in the oil
and gas industry declines substantially, or if the company pursues
an aggressive acquisition or shareholder return strategy.
"We could raise the rating if leverage improves such that FFO to
debt increases to around 30% and remains there for a sustained
period. Additionally, we would want to see positive free cash flow
after lease spending. This would most likely result from improved
demand for CHC's services on increased offshore oil and gas
activity."
CIMG INC: Reports $8.56 Million Net Loss in FY24
------------------------------------------------
CIMG Inc. filed with the U.S. Securities and Exchange Commission
its Annual Report on Form 10-K for the fiscal year ended September
30, 2024.
The Company have incurred net losses since it commenced operations
as CIMG Inc. in 2013, including net losses of $8.56 million and
$8.75 million for the years ended September 30, 2024 and 2023,
respectively. As of September 30, 2024, accumulated deficit was
approximately $81.93 million. The Company expects to incur
significant sales and marketing expenses prior to recording
sufficient revenue from our operations to offset existing expenses.
In the United States, we expect to incur additional losses as a
result of the costs associated with operating as an exchange-listed
public company.
Since its inception, the Company has devoted substantially all of
its efforts to business planning, research and development,
recruiting management and technical staff, acquiring operating
assets, raising capital and the commercialization and manufacture
of its single serve coffee products. As of September 30, 2024, the
Company had cash of $464,222 and working capital of $(269,285).
There were continued net losses for the 2 years ended September 30,
2024. These factors raise doubts about the Company's ability to
continue as a going concern.
The Company issued a USD2,000,000 private placement on October 22,
2024, and a USD10,000,000 convertible note on December 12, 2024, to
mitigate the condition. The actions have been approved by the BOARD
and the cash of total USD12,000,000 have been raised by the end of
March 31, 2025. In addition, the company has signed sales contracts
for coffee and beverages with several American and Chinese
companies. Including sales contracts for maca series products
signed by enterprises such as Petrochina Kunlun Haoke Co., Ltd. and
Shanghai Jinxianfang Trading Co., LTD. The company's contracted
revenue for the next 12 months from the date of this report is
approximately $8.5 million. With these mitigation plans, the
Company is fully capable of sustaining going concern condition for
relevant operations and expansion.
Management has evaluated the Company's ability to continue as a
going concern in accordance with ASC 205-40, Presentation of
Financial Statements – Going Concern. This evaluation considered
the Company's current financial condition, expected cash flows,
obligations due within the next 12 months, and available sources of
liquidity.
CIMG Inc stated: "While we understand that the ability of the
Company to continue as a going concern is dependent upon its
ability to successfully execute its new business strategy and
eventually attain profitable operations, management has concluded
that there are no conditions or events that raise substantial doubt
about the Company's ability to continue as a going concern for at
least one year from the issuance date of these consolidated
financial statements. Accordingly, the Company's consolidated
financial statements as of September 30, 2024 have been prepared on
a going concern basis."
As of September 30, 2024, the Company had $5,900,054 in total
assets, $5,987,324 in total liabilities, and $87,271 in total
stockholders' deficit.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/msszt9rz
About CIMG Inc.
CIMG Inc. is a global business group focused on digital health and
sales development. The Company leverages technology and marketing
solutions, including MarTech and multi-channel networks, to support
partner sales and commercial growth. Its brand portfolio includes
Kangduoyuan, Maca-Noni, Qianmao, Huomao, and Coco-mango.
* * *
This concludes the Troubled Company Reporter's coverage of CIMG
Inc. until facts and circumstances, if any, emerge that demonstrate
financial or operational strain or difficulty at a level sufficient
to warrant renewed coverage.
CINEMEX HOLDINGS: Opposes MN Theaters' Bid to Form Creditors Panel
------------------------------------------------------------------
Cinemex Holdings USA, Inc. and its affiliates asked the U.S.
Bankruptcy Court for the Southern District of Florida to deny the
motion filed by MN Theaters 2006, LLC to appoint an official
committee of unsecured creditors.
Jeffrey Bast, Esq., one of the companies' attorneys, said MN
Theaters raised weak arguments, each of which "lacks legal and
factual merit."
In its motion filed last week, MN Theaters stressed that only a
creditors' committee could investigate the companies' alleged $50
million debt to Wine and Roses S.A. de C.V. because that debt may
be recharacterized as equity.
"MN Theaters ignores that Subchapter V already provides tools to
examine this debt and challenge it without the gargantuan
administrative expenses of an official committee that will
definitely deplete creditor recoveries," Mr. Bast said in an
objection filed in court.
In response to MN Theaters questioning the companies' eligibility
for Subchapter V, Mr. Bast said the creditor ignored "voluminous
evidence" that the company falls well below the $3.424 million
threshold of non-affiliate noncontingent liquidated debts required
to qualify for Subchapter V.
"MN Theaters offers zero evidence of additional non-contingent and
liquidated debts. It relies on a single contingent debt scheduled
by the [companies] owing to the Florida Department of Revenue," Mr.
Bast said.
The attorney pointed out that such debt not only fails to bring the
companies over the Subchapter V threshold but also falls into the
definition of contingent because it is based on the companies
potentially owing sales taxes to the State of Florida in the event
they do not timely remit any already-collected sales taxes, which
are not property of the estate, to the taxing authorities.
"If the [companies] fail the Subchapter V threshold test, the loss
of the designation itself would justify the appointment of an
official committee by the U.S. trustee. It cannot justify the
appointment of an official committee in a properly invoked
Subchapter V case," Mr. Bast argued.
To qualify for Subchapter V, a business must have total debts
(secured and unsecured) below$3,024,725. Subchapter V cases
generally do not require the appointment of a committee of
unsecured creditors.
About Cinemex Holdings USA
Cinemex Holdings USA, Inc. is a holding company for cinema
operations including CMX Cinema.
Cinemex Holdings and its affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-17559) on
June 30, 2025. In its petition, Cinemex Holdings disclosed under
$50,000 in both assets and liabilities.
Judge Laurel M. Isicoff handles the cases.
The Debtors tapped Quinn Emanuel Urquhart & Sullivan LLP as counsel
and GlassRatner Advisory & Capital Group LLC as financial advisor.
CIVITAS RESOURCES: Fitch Affirms 'BB+' LongTerm IDR, Outlook Stable
-------------------------------------------------------------------
Fitch Ratings has affirmed Civitas Resources, Inc.'s (Civitas)
Long-Term Issuer Default Rating (IDR) at 'BB+'. Fitch has also
affirmed Civitas' senior unsecured ratings at 'BB+' with a Recovery
Rating of 'RR4' and has affirmed the senior secured reserve-based
revolving credit facility (RBL) at 'BBB-'/'RR1'. The Rating Outlook
is Stable.
Civitas' ratings reflect the successful integration of its Permian
acquisitions, which has led to increased production scale along
with diversification outside of the Denver-Julesburg (DJ) Basin.
The rating is supported by consistently positive FCF, strong
liquidity, low leverage and a supportive hedging strategy. Rating
concerns include regulatory risk in Colorado and a limited track
record of operating the business at its current scale, with
demonstrated commitment to a conservative financial policy.
Key Rating Drivers
Scale and Diversification Enhancing Acquisitions: The recently
integrated Permian acquisitions add material scale and meaningful
diversification to Civitas' asset profile by balancing production
between the DJ and Permian basins. Fitch views the company's entry
into the Permian Basin positively as it is a more
regulatory-friendly environment compared to the DJ Basin.
Historically, regulatory risks in Colorado have been a constraint
on Civitas' rating.
Debt-Funded M&A, Improving RBL Utilization: Fitch views the
company's strategy of largely debt-funded acquisitions as
aggressive given the significant increase in gross debt. Fitch
forecasts manageable leverage of 1.6x at year-end 2025, with
midcycle EBITDA leverage projected at or below 2.0x. RBL
utilization has improved following the recent note issuance and
Fitch expects Civitas to use FCF generated in the second half of
the year to fully repay RBL borrowings. Continued reliance on
debt-funded acquisitions or any shift in financial policy away from
debt reduction could pressure the company's credit quality.
Colorado Regulatory Risk: Fitch considers Colorado's regulatory
risk high compared to other hydrocarbon-producing states. However,
a compromise between operators and the Colorado government has
introduced a fee on all oil and gas production while pausing new
drilling-related ballot measures, providing clarity on DJ
operations through 2027, and reducing near-term regulatory risk.
Fitch views the compromise favorably and expects minimal impact on
Civitas' EBITDA. Civitas has a strong track record of securing
drilling permits in the DJ at least six months in advance. Fitch
believes the permitting process is challenging but navigable for
producers.
Strong FCF, Flexible Shareholder Returns: Civitas' strong FCF is
supported by its scale and high liquids mix of over 70%. Under
Fitch's base case, Civitas is expected to generate substantial
post-dividend FCF which Fitch anticipates will be primarily used
for debt reduction. Fitch expects additional shareholder returns
may be considered once the near-term leverage target is achieved.
The company is targeting $4.5 billion in net debt by year-end 2025.
The company's $100 million cost reduction plan and asset
divestitures could accelerate debt reduction but are subject to
execution risk.
Supportive Hedging Policy: Civitas' hedging policy aims to cover a
substantial portion of its target oil volumes, and the company
continues to add incremental hedges opportunistically. As of Q1,
nearly half of planned oil production for FY 2025 was hedged, and a
portion of Waha gas basis volumes were hedged. Fitch views this
strategy positively as it reduces near-term pricing risk, supports
FCF generation, and aids in reducing RBL borrowings.
Peer Analysis
Civitas is one of the largest producers within Fitch's 'BB' rating
category with 1Q25 production of 311mboe/d. This compares to
Permian Resources Corporation (BB+/Stable; 373mboe/d), Murphy Oil
Corporation (BB+/Stable; 163mboe/d), Matador Resources Company
(BB/Stable; 199mboe/d) and SM Energy Company (BB/Stable;
197mboe/d). Civitas is smaller than its 'BBB' range peers, which
include APA Corporation (BBB-/Stable: 469mboe/d), Diamondback
Energy, Inc. (BBB+/Stable; 851mboe/d), Ovintiv Inc. (BBB-/Positive;
588mboe/d) and Occidental Petroleum Corp. (BBB-/Positive;
1,391mboe/d).
Civitas' 1Q25 Fitch-calculated unhedged cash netback of
$24.70/barrels of equivalent oil (boe) are the lowest of the 'BB'
peer group of Murphy Oil ($24.80/boe), Permian Resources
($27.90/boe), Matador Resources ($35.30/boe) and SM Energy
($30.40/boe).
Fitch-calculated leverage is forecast at 1.6x at year-end 2025,
which falls in the higher end of its 'BB' and 'BBB' rating category
peers.
Key Assumptions
- WTI (USD/barrels) of $65 in 2025, $60 in 2026 and 2027, and $57
thereafter;
- Henry Hub (USD/thousand cubic feet) of $3.60 in 2025, $3.50 in
2026, $3.00 in 2027, and $2.75 thereafter;
- Base interest rates applicable to the company's outstanding
variable rate debt obligations reflects current SOFR forward
curve;
- No organic production growth through the forecast;
- Midstream operations in line with historical results;
- Capex at $1.8 billion in 2025 and then reduced through the
forecast due to lower activity and cost-saving initiatives;
- Base dividend sustained at $2/share annually through the forecast
and no variable dividends;
- $400 million unsecured notes repaid in 2026;
- FCF allocated between debt repayment and share repurchases in
line with management's financial policy.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Failure to execute on near-term debt reduction;
- Material loss of operational momentum leading to lower than
expected production volumes over a sustained period;
- A regulatory change that affects permitting, unit economics, or
visibility on future operations;
- Midcycle EBITDA leverage sustained over 2.0x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Established track record of a conservative financial policy
including debt repayment, RBL reduction, and equity-funded M&A;
- Continued track record of operating the business at its current
scale and production mix;
- Maintenance of economic drilling inventory, reserve life, and
netbacks;
- Midcycle EBITDA leverage sustained at or below 1.5x.
Liquidity and Debt Structure
Civitas' liquidity was reasonable as of 1Q25 and included cash on
the balance sheet of $20 million and availability of $1.3 billion
on its RBL. As of March 31, 2025, the borrowing base and elected
commitments under the credit facility were $3.4 billion and $2.5
billion, respectively. Pro forma for the notes on offer and use of
net proceeds, the company expects to have around $1.9 billion in
availability. Civitas received a waiver to issue the unsecured
notes without a corresponding reduction in the borrowing base of
the facility. Civitas also generates strong FCF which further
enhances liquidity.
Issuer Profile
Civitas is an oil and gas producer operating in Colorado's DJ and
Permian Basins, with approximately 357,000 net acres in the DJ,
141,000 net acres in the Permian, and 798 Mmboe of proved reserves
as of Dec. 31, 2024.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
Civitas Resources, Inc. has an ESG Relevance Score of '4' for
Exposure to Social Impacts due to the oil and gas sector regulatory
environment in Colorado and its exposure to social resistance,
which has a negative impact on the credit profile and is relevant
to the rating in conjunction with other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Civitas Resources, Inc. LT IDR BB+ Affirmed BB+
senior secured LT BBB- Affirmed RR1 BBB-
senior unsecured LT BB+ Affirmed RR4 BB+
COAL NEW HAVEN: Claims to be Paid from Plan Funder
--------------------------------------------------
Coal New Haven LLC, filed with the U.S. Bankruptcy Court for the
Eastern District of New York a First Amended Disclosure Statement
describing Second Amended Plan dated July 22, 2025.
The Debtor is the owner of the commercial property located at 915
Ella T. Grasso Boulevard, New Haven, Connecticut (the "Property").
The Debtor sought Chapter 11 relief after signing a Restructuring
Support Agreement ("RSA") with a group of outside financial
investors (referred to as the "New Investor Group") who succeeded
to the management control of the Debtor just prior to bankruptcy.
The goal of the RSA is to use the Chapter 11 to revitalize and
reopen the substance abuse and detoxification facility (the
"Facility") located at the Property, previously operated by a non
debtor affiliate known as NR Connecticut LLC (the "Op Co") under a
classic "Prop Co – Op Co" business framework.
At the time of bankruptcy, the Debtor and the Op Co were each
subject to separate foreclosure actions filed in Connecticut. The
Receiver appointed in the Prop Co foreclosure (Index No.
NNH-CV24-6145304-S) was attempting to sell the Debtor's Property to
the exclusion of the Debtor and New Investor Group. The Debtor's
desire to restructure the Property independent of the Receiver
prompted the commencement of the Chapter 11 case on December 31,
2024.
In bankruptcy, a settlement was reached by the Debtor with its
senior lender, Arba Credit Investors II, L.P., relating to a
consensual exit strategy. The settlement resolved all the pending
litigation and contemplated that the New Investor Group will
provide DIP financing up to $875,000 to preserve and maintain the
Property pending confirmation of the Amended Plan, including
monthly adequate protection payments of $30,000 per month.
To implement the Amended Plan, the New Investor Group, together
with its operating partner, Empower Recovery Investors LP and its
subsidiary, Emend Health Company (CT) LLC (hereinafter, Emend
together with the New Investor Group, are collectively referred to
as the "Plan Funder"), shall promptly proceed with the filing of a
new application in Connecticut to obtain a Certificate of Need
("CON") and new operating license for the Facility.
By virtue of Arba's support of the Amended Plan, Promises
Behavioral Health LLC ("Promises") which previously entered into a
pre-petition contract with the Receiver has withdrawn its
application for a CON and Promises' sale contract is no longer
effective. Indeed, the Receiver has surrendered possession of the
Property to the Debtor.
Once the License Condition has been satisfied, all distributions to
creditors shall be promptly made from capital contributed or
generated by the New Investors Group or its designee at a closing
to be convened involving disposition of the Property. The Property
shall be transferred to the Plan Funder or its designee at closing,
free and clear of all claims, liens, taxes and other interests
pursuant to Sections 1123(a)(5) and 1146(a) of the Bankruptcy Code.
The various distributions to creditors, starting with a cash
payment of $15,856,844.11 to Arba (the “Base Payment”) shall be
made at closing.
Additionally, the Plan Funder shall also make or cause to be made
distributions to the holders of all other allowed claims, including
Administrative Expenses and Professional Fees, U.S. Trustee fees,
residual priority tax claims, if any, and a pro rata distribution
from the General Creditor Reserve to be established in the sum of
$1,000,000. As compared to a foreclosure sale, the Amended Plan
provides all creditors with the opportunity for a recovery and the
Debtor hopes to obtain unanimous support for confirmation.
Class 2 consists of Unsecured Claims. The Debtor is classifying all
other claims against the Debtor as being unsecured, which primarily
includes Stonehenge Capital Fund Connecticut IV, LLC. Allowed Class
2 Unsecured Claims shall be paid and receive a pro rata dividend
based upon distribution of the General Creditor Reserve in full
satisfaction, release and discharge of their Allowed Claims against
the Debtor. The Class 2 Claims of Allowed General Unsecured
Creditors are impaired.
Class 3 consists of the Equity Interests in the Debtor. No payments
shall be made on account of equity interests in the Debtor. Upon
the Effective Date and after the Closing, the Equity Interests
shall be deemed canceled, whereupon the Debtor shall be dissolved.
While Class 3 equity interests are impaired under the Amended Plan
as insiders, they are not entitled to vote on the Amended Plan.
The Plan Funder shall contribute all funds necessary to pay all
required distributions hereunder after the License Condition is
satisfied and the Amended Plan becomes effective. The Plan Funder
shall use all commercially reasonable efforts to file and prosecute
its application for a CON and new operating license at the Plan
Funder's sole cost and expense. The Plan Funder shall provide
monthly reports to Arba and other creditors regarding the status of
the application for a CON and new operating license.
The Plan Funder shall be eligible to obtain an extension of the
one-year period to meet the License Condition upon the written
consent of Arba, such consent not to be unreasonably withheld, so
long as the Plan Funder is proceeding in good faith and has
complied with all requirements of the Connecticut Office of Policy
and Management and the Connecticut Department of Health in
connection therewith. The application process has already started
and is proceeding to meet the timeline of the License Condition.
A full-text copy of the First Amended Disclosure Statement dated
July 22, 2025 is available at https://urlcurt.com/u?l=ZbVhCU from
PacerMonitor.com at no charge.
Counsel for the Debtor:
Kevin J. Nash, Esq.
Goldberg Weprin Finkel Goldstein LLP
125 Park Ave., Floor 12
New York, NY 10017
Telephone: (212) 221-5700
About Coal New Haven
Coal New Haven LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-45425) on Dec. 31,
2024. In its petition, the Debtor estimated assets and liabilities
between $10 million and $50 million each.
Bankruptcy Judge Jil Mazer-Marino handles the case.
Kevin J. Nash, of Goldberg Weprin Finkel Goldstein LLP, is serving
as the Debtor's counsel.
COMMUNITY HEALTH: Labcorp to Acquire Outreach Lab Assets for $195M
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Community Health Systems, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that CHS/Community
Health Systems, Inc., a wholly-owned subsidiary of the Company,
entered into an Asset Purchase Agreement with Laboratory
Corporation of America Holdings.
Pursuant to the Purchase Agreement, and subject to the terms and
conditions set forth therein, Purchaser has agreed to acquire
select assets and assume certain leases of CHS's ambulatory
outreach business across 13 states, including certain patient
service centers and in-office phlebotomy locations (the
transactions contemplated by the Purchase Agreement, the
"Transaction").
The total purchase price payable by Purchaser to CHS at the closing
of the Transaction is $195 million, less certain purchase price
adjustments specified in the Purchase Agreement.
The Purchase Agreement contains various representations, warranties
and covenants made by the parties. The Purchase Agreement also
provides for indemnification by the parties with respect to
breaches of representations, warranties and covenants by such
parties, as well as with respect to certain other indemnifiable
matters specified in the Purchase Agreement.
In a press release, the Company stated that when the transaction is
complete, CHS patients and providers will benefit from broader
access to Labcorp's comprehensive testing and laboratory services,
including its specialty testing menu, robust data analytics and
digital tools. CHS health systems will continue to operate their
inpatient and emergency department laboratories and will continue
to provide laboratory services for hospital-based services, such as
imaging and pre-admission testing.
"We are excited about this transaction with Labcorp, which allows
us to focus on our core services and improve the overall patient
experience, aligning with our unwavering commitment to providing
high-quality, accessible healthcare to our communities," said Kevin
Stockton, Executive Vice President, Operations and Development for
CHS. "Labcorp's scale and investment in technology supports its
ability to efficiently deliver outreach laboratory services to
patients and healthcare consumers."
"Labcorp and Community Health Systems share a deep commitment to
improving the health and lives of the communities we serve, and our
goal with this agreement is to enhance the patient and provider
experience with increased access to high-quality laboratory
services," added Mark Schroeder, EVP and President, Diagnostics
Laboratories and Chief Operations Officer, Labcorp. "This
acquisition will allow us to leverage the strengths of both our
organizations to positively impact healthcare for communities
across the U.S."
The organizations are committed to working together to plan and
implement a smooth, thoughtful transition that maintains continuity
of services for patients, hospitals, clinicians and clients, while
providing direct access to the additional capabilities of Labcorp.
This relationship is similar to other strategic relationships that
Labcorp has with a range of local and regional health systems that
have enhanced services for patients and providers.
The closing of the Transaction is subject to certain regulatory
approvals and the satisfaction or waiver of certain closing
conditions set forth in the Purchase Agreement, including the
expiration or termination of the waiting period applicable to the
Transaction under the Hart-Scott-Rodino Antitrust Improvements Act
of 1976, as amended. Subject to the foregoing, consummation of the
Transaction is expected to occur in the fourth quarter of 2025.
The Purchase Agreement may be terminated by either party under
certain circumstances set forth in the Purchase Agreement,
including if the Transaction is not consummated on or before
December 31, 2025.
The Purchase Agreement provides that, at closing, the parties,
and/or their respective affiliates, would enter into certain
ancillary agreements, including a laboratory services agreement
whereby the Purchaser will provide CHS and/or its affiliate(s)
comprehensive testing and laboratory services, including those on
its specialty testing menu as well as access to data analytics and
digital tools. In addition, the parties have entered into a
non-competition agreement contemporaneously with the execution of
the Purchase Agreement (which will be effective upon the closing)
pursuant to which CHS and its affiliates are subject to certain
non-competition and non-solicitation provisions and other
restrictive covenants for a period of five years after the
closing.
About Community Health Systems Inc.
Community Health Systems, Inc. -- http://www.chs.net/-- is a
publicly traded hospital company and an operator of general acute
care hospitals in communities across the country. Its affiliates
provide healthcare services, developing and operating healthcare
delivery systems in 40 distinct markets across 15 states.
* * *
Egan-Jones Ratings Company on January 23, 2025, maintained its
'CCC+' foreign currency and local currency senior unsecured ratings
on debt issued by Community Health Systems, Inc.
COMMUNITY HEALTH: S&P Assigns 'B-' Rating in $1.5BB Secured Notes
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S&P Global Ratings assigned its 'B-' issue-level rating and '2'
recovery rating to Tenn.-based acute care hospital and outpatient
facilities operator Community Health Systems Inc.'s proposed $1.5
billion senior secured notes due 2034. The '2' recovery rating
indicates its expectation for meaningful (70%-90%; rounded
estimate: 70%) recovery in the event of a payment default. Proceeds
will be used to refinance its outstanding senior secured notes due
March 2027.
S&P said, "Our 'CCC+' issuer credit rating on Community Health
continues to reflect the company's high S&P Global Ratings-adjusted
leverage, at roughly 8.2x, and weak sustained free cash flows due
to mixed operating performance." For the second quarter, Community
Health's same-store S&P Global Ratings-adjusted admissions was down
0.7%, with a 2.5% decline in elective surgeries. The company
lowered the midpoint of its EBITDA guidance by $25 million, mainly
on projected flat admissions growth for the second half of 2025.
The company has adequate liquidity, has been consistently
refinancing upcoming maturities, and continues to seek operational
efficiencies and divest noncore assets. However, upside on the
ratings is limited until the company can achieve significant
sustained free cash flows and accelerate deleveraging.
CONSOLIDATED APPAREL: Unsecureds to Get $500 per Month over 5 Years
-------------------------------------------------------------------
Consolidated Apparel, Inc., filed with the U.S. Bankruptcy Court
for the Southern District of Florida a Plan of Reorganization under
Subchapter V dated July 24, 2025.
The Debtor is a Florida corporation that sells custom logo
performance sportswear to hotels and resorts throughout Florida.
The Debtor's customers sell this performance wear at its
properties. The Debtor operates under the trade names Native
Outfitters and MTO Wear.
The Debtor saw a downturn in its business first during the COVID
pandemic when its customers (hotels and resorts) saw a closure of
operations virtually overnight. In turn, the Debtor saw a virtual
closure of its operations. If consumers cannot visit hotels and
resorts to take vacations, the hotels and resorts do not need logo
wear to sell in their shops.
The Debtor has been able to rebound, but not without the
consequence of significant debt that the Debtor seeks to reorganize
through this plan.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $12,000.00 toward the
unsecured claims. The final Plan payment is expected to be paid in
September 2030.
The Debtor will commit disposable income to fund the Plan in the
total amount of $12,000.00 to the unsecured claims in accordance
with the Projections. The Debtor expects to have sufficient cash on
hand to make the payments required on the Effective Date. Such net
disposable income should be sufficient to provide a distribution to
unsecured creditors over the life of the Plan of approximately
$12,000.00.
This Plan under Chapter 11 of the Bankruptcy Code proposes to pay
creditors of the Debtor from cash flow from operation of the
Debtor's business and current cash on hand.
Class Five consists of General Unsecured Creditors. The general
unsecured claims prior to the filing of any objections total the
amount of $336,752.37, which will be paid over the five-year term
of the Plan at the rate of $200.00 per month on a pro-rata basis.
The payments will commence on the Effective Date of the Plan. The
dividend to this class of creditors is subject to change upon the
determination of objections to claims. To the extent that the
Debtor is successful or unsuccessful in any or all of the proposed
Objections, then the dividend and distribution to each individual
Class of General Unsecured Claims then the dividend and
distribution to each individual creditor will be adjusted
accordingly. These claims are impaired.
The Debtor shall contribute disposable income to fund the Plan in
the total amount of $12,000.00 to the unsecured creditors in
accordance with the Projections. In the event the Debtor's
disposable income is insufficient to meet the plan payments, the
Debtor shall fund the plan through his non-exempt or exempt
assets.
A full-text copy of the Plan of Reorganization dated July 24, 2025
is available at https://tinyurl.com/c2rh2jta from PacerMonitor.com
at no charge.
The firm can be reached through:
Dana Kaplan, 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 Consolidated Apparel
Consolidated Apparel Inc., operating as Native Outfitters and MTO
Wear, Consolidated Apparel, Inc. sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case
No. 25-14604) on April 25, 2025. In its petition, the Debtor listed
assets between $100,000 and $500,000 and liabilities between
$500,000 and $1 million.
Bankruptcy Judge Mindy A. Mora handles the case.
The Debtor is represented by Craig I. Kelley, Esq.
CONSOLIDATED BURGER: Seeks to Extend Plan Exclusivity to Sept. 26
-----------------------------------------------------------------
Consolidated Burger Holdings, LLC, and its affiliates asked the
U.S. Bankruptcy Court for the Northern District of Florida to
extend their exclusivity periods to file a plan of reorganization
and obtain acceptance thereof to September 26 and November 25,
2025, respectively.
The Debtors explain that they satisfy the factors warranting an
extension of the Exclusivity Period through September 26 and an
extension of the Acceptance Period through November 25, 2025.
First, cause may be shown to extend the exclusivity periods where
the debtor is paying its debts as they become due. The Debtors are
paying their postpetition obligations in a timely fashion as shown
in the monthly operating reports which the Debtors have been filing
with the Court. The Debtors have been managing the remaining
aspects of their operations effectively and preserving the value of
their assets for the benefit of all creditors.
Second, the Debtors have been working collaboratively throughout
their chapter 11 cases with Auxilior Capital Partners, Inc., their
prepetition secured lender, Burger King Company, LLC ("BKC"),
counsel for Southfield Mezzanine Capital, the Office of the U.S.
Trustee and other interested parties on all issues that have arisen
in these Chapter 11 Cases. The Debtors are in compliance with the
U.S. Trustee's operating guidelines.
The Debtors claim that they consummated the sale of substantially
all their assets on June 29, 2025. Since then, the Debtors have
addressed post-closing reconciliation and other matters with each
purchaser. The Debtors, Auxilior, BKC and Southfield are also
discussing how to most efficiently conclude these chapter 11 cases,
which may include the filing of a plan of liquidation. Those
discussions are ongoing.
Finally, a court may grant an extension of exclusivity where the
case has been pending for a relatively brief period of time. Here,
the Debtors' bankruptcy cases have been pending in this Court for
under four months. In addition, it is worth noting, in other cases
in the State of Florida of equal or lesser size and complexity,
courts have routinely granted similar initial requests by debtors
for an extension of the exclusive periods.
The Debtors' Counsel:
Paul Steven Singerman, Esq.
Jordi Guso, Esq.
Christopher Andrew Jarvinen, Esq.
BERGER SINGERMAN LLP
1450 Brickell Avenue
Suite 1900
Miami, FL 33131
Tel: 305-755-9500
Fax: 305-714-4340
Email: singerman@bergersingerman.com
jguso@bergersingerman.com
cjarvinen@bergersingerman.com
- and -
Brian G. Rich, Esq.
BERGER SINGERMAN LLP
313 N. Monroe Street, Ste. 301
Tallahassee, FL 32301
Tel: (850) 561-3010
Fax: (850) 561-3013
Email: brich@bergersingerman.com
About Consolidated Burger Holdings
Consolidated Burger Holdings, LLC, and its subsidiaries operate 57
Burger King restaurants across prime markets in Florida and
Southern Georgia.
On April 14, 2025, Consolidated Burger Holdings and two
subsidiaries sought Chapter 11 protection (Bankr. N.D. Fla. Lead
Case No. 25-40162).
As of Dec. 31, 2024, the Debtors' balance sheets reflect assets of
$77.9 million and liabilities of $77.9 million.
The Hon. Karen K. Specie is the case judge.
The Debtors tapped BERGER SINGERMAN LLP as general bankruptcy
counsel, DEVELOPMENT SPECIALISTS, INC., as restructuring advisor,
and PEAK FRANCHISE CAPITAL LLC as investment banker. OMNI AGENT
SOLUTIONS, INC., is the claims agent.
CORVIAS CAMPUS: Asks Court to Reject Bid to Move Chapter 11 to Ga.
------------------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that on Monday,
July 28, 2025, the operator of dormitory facilities across
Georgia's public university system asked a Delaware bankruptcy
judge to reject efforts to transfer its Chapter 11 case to Georgia,
arguing there is no justification for a change of venue.
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.
COWTOWN BUS: Claims to be Paid from Property Sale Proceeds
----------------------------------------------------------
Cowtown Bus Charters Inc. and Cowtown Transportation Company LLC
filed with the U.S. Bankruptcy Court for the Northern District of
Texas a Disclosure Statement describing Plan of Reorganization
dated July 24, 2025.
The Debtor is a closely held corporation, and the related Cowtown
Transportation is a closely held limited liability corporation. The
current equity owner of the Debtor is Brenda Cross. Cowtown
Transportation is believed to be owned by the Debtor.
The Debtor sold its operating assets to Avalon Motorcoach, LLC and
Cowtown Transportation sold the real property owned by it to CanTex
Forest Hills, LLC. The sale was for the purchase price of
$2,285,000.00. In connection with the sale to Avalon, Cowtown Bus
caused the secured and or lease claims of Huntington National Bank
and M&T Capital Leasing Corp to be paid an agreed amount
representing the value of property transferred by them. Those
creditors have residual unsecured claims. In connection with the
sale to Avalon, Cowtown Bus caused the secured and or lease claims
of Huntington National Bank and M&T Capital Leasing Corp to be paid
an agreed amount representing the value of property transferred by
them.
In connection with this sale, Avalon caused $230,000.00 to be paid
to Huntington, ad valorem taxes in the amount of $32,914.83 to be
paid, M&T Capital and Leasing Corp to be paid $1,950,000.00 and
adjustments for client trips of $107,317.00. Adjustments were also
made for client deposits and pro rata tax credits. Those creditors
have residual unsecured claims.
Following the large sale, there was a small sale of residual assets
including five nonoperating buses, furniture, and miscellaneous
personal property for $3,617.65. No valuable personal property
remains. In connection with the sale to CanTex, the sales price was
$1,800,000.00. Prorated Secured Taxes for 2024 were paid. First
Savings Bank received $286,194.67 and the Small Business
Administration received $1,000,000.00.
Class 6 consists of General unsecured claims. The Class 6 creditors
will not receive any payment because of this liquidating plan. This
Class is impaired.
The Equity Holder will retain the equity interest solely for the
purpose of performing the obligations under this plan after which,
the Equity Holder will dissolve each of the debtor entities.
The payments and distributions under the Plan will be funded from
cash remaining after operation of the Debtor, the sale of personal
property to Avalon Motor Coach, LLC and the real property to CanTex
Forest Hills, LLC. In connection with the sale of the real
property, the original purchase price was $2,385,000.00.
Credits were made for prepaid deposits and the performance of
prepaid trips, funds were paid directly to M&T Capital and Leasing
Corp in the amount $1,950,000.00 and to Huntington Bank in the
amount of $230,000.00. In connection with the sale to CanTex, the
sales price was $1,800,000.00 and First Savings Bank received
$286,194.67 and the Small Business Administration received
$1,000,000.00.
A full-text copy of the Disclosure Statement dated July 24, 2025 is
available at https://urlcurt.com/u?l=Z1mPhG from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Mark J. Petrocchi, Esq.
Griffith, Jay & Michel, LLP
2200 Forest Park Blvd.
Fort Worth, TX 76110
Tel: (817) 926-2500
Fax: (817) 926-2505
E-mail: mpetrocchi@lawgjm.com
About Cowtown Bus Charters Inc.
Cowtown Bus Charters, Inc., is a full-service bus charter company
providing local to national transportation.
Cowtown Bus Charters, Inc. filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No.
24-10161) on Sept. 6, 2024. In the petition signed by Brenda Cross,
president and director, the Debtor disclosed $1,237,132 in assets
and $4,370,485 in liabilities as of Aug. 22, 2024.
Judge Mark X. Mullin presides over the case.
The Debtor tapped Mark J. Petrocchi, Esq., at Griffith, Jay &
Michel, LLP as counsel.
CPPIB OVM: S&P Affirms 'B+' ICR on Proposed Term Loan B Upsizing
----------------------------------------------------------------
S&P Global Ratings affirmed its 'B+' issuer credit rating on CPPIB
OVM Member U.S. LLC (CPPIB OVM). At the same time, S&P affirmed its
'B+' issue-level rating and '3' recovery rating on CPPIB OVM's
upsized term loan B (TLB). The '3' recovery rating on the term loan
indicates its expectation for meaningful (50%-70%; rounded
estimate: 50%) recovery in the event of a payment default. The
outlook is stable.
CPPIB OVM, a subsidiary of the Canada Pension Plan Investment Board
(CPPIB) with 35% ownership interest in Ohio Valley Midstream LLC
(OVM; not rated), is proposing to upsize its existing $700 million
senior secured TLB due 2031 by $75 million and reprice its debt. It
will use the proceeds to fund distributions to CPPIB.
S&P said, "The stable outlook on CPPIB OVM reflects our expectation
for growing distributions from investee OVM and the excess cash
flow sweep to improve financial metrics in 2026. We expect the
company to have leverage of about 4.50x in 2025 and 3.75x-4.00x in
2026."
CPPIB OVM's leverage metrics are expected to be higher than our
previous expectations in 2025 due to the numerous add-ons to the
senior secured TLB. In August 2024, CPPIB OVM closed on a $600
million senior secured TLB, using the proceeds to fund a
distribution to CPPIB and cover related fees and expenses. Since
this initial closing, the company upsized by $100 million in
February in 2025. In July 2025, the company once again indicated
its intent to upsize its TLB by another $75 million. Offsetting
these significantly higher debt amounts, the company also improved
its applicable interest margin to SOFR + 2.50% from the original
SOFR + 3.25%, resulting in improved interest coverage metrics.
S&P said, "Despite these interest expense savings, we view the
addition of $175 million of additional debt this year to be
aggressive as proceeds of this debt issuance will be used to fund a
distribution to its owner, as the company is currently not
undertaking any material capital-intensive projects. That said, the
better-than-expected performance at OVM and higher distributions to
CPPIB OVM partially offset the temporary weak financial measures in
2025.
"We forecast leverage to be slightly elevated near 4.50x in 2025,
along with an interest coverage ratio of 3.00x-3.25x. This reflects
our updated base-case forecast following the incremental $75
million upsize to the $695 million TLB outstanding as of June 30,
2025. The margin on total outstanding debt will also decrease 25
basis points from previous levels, leading to annual cash interest
expense savings. We expect total distributions to CPPIB OVM of $150
million-$160 million in 2025, improving to $180 million-$190
million in 2026. We forecast leverage will improve to below 4x and
EBITDA interest coverage will improve to about 4.25x in 2026,
supported by an annual mandatory amortization of 1% on the TLB and
an excess cash sweep mechanism. The company's TLB is subject to a
75% excess cash flow sweep if leverage exceeds 5.0x, with the
percentage decreasing to 50% when leverage is between 4.5x-5.0x,
25% when leverage is between 4.0x-4.5x, and no cash sweep when it
falls below 4.0x. Based on our projections, we anticipate a 50%
cash flow sweep in 2025 and expect long-term leverage to remain
below 4.0x.
"Our 'B+' issuer credit rating on CPPIB OVM is based on the
differentiated credit quality compared with its investee OVM. CPPIB
OVM holds a 35% equity interest in OVM and relies on distributions
from the investee to service its $770 million term loan due in 2031
because it does not have other substantive assets. As a result, we
rate CPPIB OVM under our noncontrolling equity interest criteria.
As such, our view on CPPIB OVM's credit profile incorporates its
financial ratios, OVM's cash flow stability, its ability to
influence OVM's financial policy, and its ability to liquidate its
investment in OVM to repay the term loan.
"We expect CPPIB OVM will receive growing distributions from OVM
over the near term. OVM's cash flows are entirely fee-based,
providing it with a high degree of stability, with no direct
exposure to commodity price fluctuations. The company's assets are
primarily located in the Marcellus and Utica shale regions, which
have lower break-even drilling costs than other regions. OVM serves
a diverse customer base, including upstream producers in Appalachia
such as EQT Corp., Antero Resources Corp., Expand Energy Corp., and
Encino Energy LLC. Approximately 42% of fiscal 2025 revenues are
expected to be generated from investment-grade customers, and the
remaining comprising speculative-grade (53%) or nonrated producers
(5%). The average remaining contract term is around seven years,
with the majority of volumes sourced from long-term acreage
dedications. Notably, about 14% of total revenues come from minimum
volume commitments. Due to the volumetric risk associated with
contracts backed by acreage dedications, we assess cash flow
stability as neutral.
"Our positive view of CPPIB OVM's corporate governance and
financial policy is driven by its substantial governance rights in
OVM. OVM has demonstrated a consistent track record of EBITDA
growth and has increased its distributions annually since its
inception. The company is obligated to distribute the majority of
its cash to CPPIB OVM and The Williams Cos. Inc., which
incentivizes OVM to maintain or enhance its distribution levels.
CPPIB OVM holds significant influence, occupying three of the six
board seats, which corresponds to 35% of the voting rights,
aligning with its ownership stake of 35%. Any alterations to OVM's
distribution policy require the approval of CPPIB OVM.
Additionally, a supermajority vote (i.e., requiring 75% of voting
interests) is required for critical decisions, including the
incurrence of material debt or equity, changes to distribution
policy, budget modifications, capital contributions, major
acquisitions and divestitures, bankruptcy filings, guarantees of
material debt, and material capital expenditures. Our view of CPPIB
OVM's ability to liquidate its investment in OVM is negative
because OVM is not publicly traded. Separately, we assess financial
ratios as neutral.
"The stable outlook reflects our expectation that CPPIB OVM will
receive growing distributions from OVM, offset by somewhat weakened
credit metrics over the near term given its meaningful addition of
debt. We expect CPPIB OVM to have an interest coverage ratio of
3.00x-3.25x in 2025 and above 4x in 2026. In addition, we expect it
to have leverage of about 4.50x in 2025 and improve to 3.75x-4.0x
in 2026 due to the excess cash flow sweep provision.
"We could consider a negative rating action if the company
maintains leverage above 4.0x and interest coverage below 3.0x.
This could occur if investee company OVM is more aggressive with
growth projects than our current expectations, such that
distributions to CPPIB OVM are less than anticipated, or it changes
its financial policy and issues significant debt. We could also
consider a negative rating ration if CPPIB OVM undertakes a more
aggressive financial policy by pursuing additional debt-funded
distributions in the near term.
"We could consider a positive rating action if the company pursues
a more conservative financial policy such that it maintains
interest coverage of more than 4x and sustains leverage below 4.0x.
We could also consider a positive rating action at CPPIB OVM if
credit quality at OVM improves."
CTCHGC LLC: Seeks to Hire John E. Jonson CPA as Accountant
----------------------------------------------------------
CTCHGC, LLC d/b/a Central Texas Gun Works and affiliates seek
approval from the U.S. Bankruptcy Court for the Western District of
Texas to employ John E. Jonson, CPA as accountant.
The firm will assist the Debtors in preparing their 2020 to 2025
tax returns.
The firm will be paid $600 per return or $50 per hour, whichever is
higher.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Cruz Ledesma-Jonson
John E. Jonson CPA
8940 Fourwinds Drive Suite 103
Windcrest, TX 78239
Tel: (210) 823-1098
About CTCHGC, LLC d/b/a Central Texas Gun Works
CTCHGC LLC, doing business as Central Texas Gun Works, Centex Guns,
and CTGW, is a firearms academy in Austin, Texas. The Company
offers a straightforward and hassle-free way of obtaining Texas
license to carry a handgun and various gun safety classes,
including Identogo fingerprint services. Central Texas Gun Works
also has a great selection of handguns, rifles, shotguns, knives
and accessories in stock at the gun store showroom.
CTCHGC LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 24-11072) on
September 2, 2024. In the petition filed by Michael D. Cargill,
manager, the Debtor reports total assets of $363,309 and total
liabilities of $2,677,635.
The Honorable Bankruptcy Judge Shad Robinson handles the case.
The Debtor is represented by Stephen Sather, Esq., at Barron &
Newburger, P.C.
D RAIL TRANSPORT: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------------
Debtor: D Rail Transport, LLC
2519 Dothan Road
Bainbridge, GA 39817
Business Description: D Rail Transport LLC provides flatbed
freight transportation services across the
eastern United States. The Company operates
a small fleet of trucks and trailers and is
based in Climax, Georgia.
Chapter 11 Petition Date: July 29, 2025
Court: United States Bankruptcy Court
Middle District of Georgia
Case No.: 25-10689
Debtor's Counsel: G. Daniel Taylor, Esq.
STONE & BAXTER, LLP
577 Third Street
Macon, GA 31201
Tel: 478-750-9898
Fax: 478-750-9899
E-mail: dtaylor@stoneandbaxter.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Daniel Sodrel as managing member.
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/O5DFZAI/D_Rail_Transport_LLC__gambke-25-10689__0001.0.pdf?mcid=tGE4TAMA
DARE BIOSCIENCE: Says Equity Above $2.5M Minimum Required by Nasdaq
-------------------------------------------------------------------
Dare Bioscience, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that based on sales of
shares of its common stock under its "at-the-market," or ATM,
equity offering program and equity line arrangement since March 31,
2025 through July 18, 2025, resulting in gross proceeds of
approximately $16.5 million, and after considering anticipated
losses through July 18, 2025, as of July 21, 2025, the Company
believes its stockholders' equity is in excess of the $2.5 million
minimum required under Nasdaq Listing Rule 5550(b)(1), and intends
to notify Nasdaq of the foregoing so that Nasdaq can make a
determination as to whether the Company has regained compliance
with requirements for continued listing. There can be no assurance
that the Nasdaq will determine that the Company has regained
compliance with such requirements.
As previously reported, the Company has not been in compliance with
Nasdaq Listing Rule 5550(b) since August 2024. Nasdaq Listing Rule
5550(b)(1) requires a company to maintain stockholders' equity of
at least $2.5 million, and Nasdaq Listing Rule 5550(b)(2) requires
a company to maintain a minimum market value of listed securities
of $35.0 million. A company will satisfy the continued listing
requirement under Nasdaq Listing Rule 5550(b) if it meets either
Nasdaq Listing Rule 5550(b)(1) or (2).
After considering the sale of shares of common stock, there will be
approximately 12.6 million shares of common stock outstanding.
About Dare Bioscience
Dare Bioscience, Inc. is a biopharmaceutical company committed to
advancing innovative products for women's health. The Company's
mission is to identify, develop, and bring to market a diverse
portfolio of differentiated therapies that prioritize women's
health and well-being, expand treatment options, and improve
outcomes, primarily in the areas of contraception, vaginal health,
reproductive health, menopause, sexual health, and fertility.
Irvine, California-based Haskell & White LLP, 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 recurring losses from operations and is dependent on additional
financing to fund operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
DATAVAULT AI: Inks $50M ATM Sales Agreement With Maxim Group
------------------------------------------------------------
Datavault AI Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Company entered
into an equity distribution agreement with Maxim Group LLC, as
agent, pursuant to which the Company may issue and sell shares of
its common stock, par value $0.0001 having an aggregate offering
price of up to $50,000,000 from time to time through Maxim.
Any sales of shares of Common Stock pursuant to the Sales Agreement
will be made pursuant to a shelf registration statement on Form S-3
(File No. 333-288538), which was initially filed with the SEC on
July 7, 2025 and declared effective by the SEC on July 9, 2025, the
prospectus contained therein and a prospectus supplemental relating
to the Registered Offering dated July 22, 2025.
Maxim may sell Common Stock by any method permitted by law deemed
to be an "at the market offering" as defined in Rule 415(a)(4)
promulgated under the Securities Act of 1933, as amended,
including, without limitation, sales made directly on The Nasdaq
Capital Market or sales made into any other existing trading market
for the Company's Common Stock or to or through a market maker.
Subject to the terms and conditions of the Sales Agreement, Maxim
will use its commercially reasonable efforts to sell the shares of
the Company's Common Stock from time to time, based upon its
instructions (including any price, time or size limits or other
parameters or conditions that we may impose). The Company will pay
to Maxim a cash commission of up to 3% of the gross proceeds from
the sale of any shares of Common Stock by Maxim under the Sales
Agreement. The Company and Maxim have also provided each other with
customary indemnification rights.
The Company is not obligated to make any sales of Common Stock
under the Sales Agreement and no assurance can be given that it
will sell any shares under the Sales Agreement, or, if it does, as
to the price or number of shares that it will sell, or the dates on
which any such sales will take place. The Sales Agreement may be
terminated by either party as set forth in the Sales Agreement.
Waiver Agreement:
Also on July 21, 2025, the Company entered into an agreement with
the purchasers party to the Company's securities purchase
agreement, dated March 31, 2025, pursuant to which the Purchasers
waived the provisions relating to variable rate transactions
contained in Section 4.12(b) of the Purchase Agreement for a period
of 60 days and the provisions relating to participation rights
contained in Section 4.19 of the Purchase Agreement, and the
Company agreed that until the earlier to occur of:
(a) the end of the 60-day period beginning on the trading date
after the date of the Waiver Agreement, and
(b) when no Purchaser holds any of the Notes (as defined in
the Purchase Agreement), the Company will not sell shares of Common
Stock pursuant to the Sales Agreement:
(a) (i) on any trading day in an amount exceeding 10% of
the trading volume of the shares of Common Stock on such trading
day during regular trading hours, or (ii) outside of regular
trading hours,
(b) at a per share price below $1.10, or
(c) in an aggregate amount exceeding $25,000,000.
The Company also agreed to issue an aggregate of 5,000,000 shares
of Common Stock to the Purchasers on the date the Company receives
stockholder approval for such issuance under applicable stock
exchange rules.
Pursuant to the Waiver Agreement, the Company agreed to:
(a) file a registration statement to register the resale of
the New Shares as soon as reasonably practicable, and to use
commercially reasonable efforts to have such Resale Registration
Statement declared effective by the SEC by September 30, 2025 and
to keep such registration statement effective at all times until no
Purchaser owns any such New Shares, and
(b) use commercially reasonable efforts to hold an annual or
special meeting of stockholders no later than September 30, 2025
for the purpose of obtaining the Stockholder Approval.
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.
DE'NSITE INC: Seeks Subchapter V Bankruptcy in Illinois
-------------------------------------------------------
On July 27, 2025, De'nsite Inc. filed Chapter 11 protection in the
U.S. Bankruptcy Court for the Northern District of Illinois.
According to court filing, the Debtor reports between $500,000 and
$1 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About De'nsite Inc.
De'nsite Inc., doing business as Harold's Chicken of Homewood, a
fast-food restaurant franchise specializing in fried chicken.
De'nsite Inc. sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-11428) on July
27, 2025. In its petition, the Debtor reports estimated assets up
to $50,000 and estimated liabilities between $500,000 and $1
million.
Honorable Bankruptcy Judge Janet S. Baer handles the case.
The Debtor is represented by Saulius Modestas, Esq. at Modestas Law
Offices, P.C.
DENOYER-GEPPERT: Case Summary & 18 Unsecured Creditors
------------------------------------------------------
Debtor: Denoyer-Geppert Science Company
7305 St. Louis
P.O. Box 1727
Skokie IL 60077
Business Description: Denoyer-Geppert Science Company manufactures
scientific models, charts and simulators --
particularly for human anatomy, biology and
chemistry education -- from its headquarters
in Illinois, serving educators and medical
professionals since its founding in 1916.
Chapter 11 Petition Date: July 30, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-11605
Judge: Hon. Jacqueline P Cox
Debtor's Counsel: David R Herzog, Esq.
DAVID R HERZOG
53 W. Jackson Jackson Blvd., Suite 1442
Chicago IL 60604
Tel: 312-977-1600
E-mail: drh@dherzoglaw.com
Estimated Assets: $50,000 to $100,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Mary Andros as president.
A copy of the Debtor's list of 18 unsecured creditors is available
for free on PacerMonitor at:
https://www.pacermonitor.com/view/VM2ZFCA/Denoyer-Geppert_Science_Company__ilnbke-25-11605__0003.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/VF5XS6A/Denoyer-Geppert_Science_Company__ilnbke-25-11605__0001.0.pdf?mcid=tGE4TAMA
DIOCESE OF ROCHESTER: Judge Set to Approve $246MM Chapter 11 Plan
-----------------------------------------------------------------
Alex Wittenberg of Law360 reports that on Tuesday, July 29, 2025, a
New York bankruptcy judge indicated he is ready to approve the
Roman Catholic Diocese of Rochester’s $246.4 million Chapter 11
settlement of abuse claims, following unanimous support from
survivors.
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.
DISCO INTERMEDIATE: S&P Assigns 'B-' ICR, Outlook Stable
--------------------------------------------------------
S&P Global Ratings assigned its 'B-' issuer credit rating to Disco
Intermediate LLC (doing business as Duck Creek Technologies), a
core software systems provider for property and casualty (P&C)
insurance carriers. At the same time, S&P assigned its 'B-'
issue-level and '3' recovery ratings to its new first-lien senior
secured facilities.
S&P said, "The stable outlook on Duck Creek reflects the stickiness
and mission criticality of its platform despite its small scale and
recent history of negative cash flow. We believe these factors will
enable the company to deliver stable revenue growth and positive
free operating cash flow over the next 12 months.
"We believe Duck Creek's mission-critical platform and durable
end-markets will support its higher debt burden despite its small
scale. Duck Creek's platform provides its customers infrastructure
to manage policies, process claims, and handle billing at
scale--mission-critical workflows for insurance carriers. Given the
operational complexity of these customers (especially larger tier 1
carriers), core systems such as Duck Creek's are deeply embedded
within technology stacks and business processes, creating high
switching costs and long customer lifecycles. The company's solid
gross and net retention rates demonstrate this and its continued
value proposition to customers by its ability to limit churn and
expand relationships. Durable insurance carrier end-markets further
support our thesis, as they provide a stable foundation for
longer-term revenue expansion while mitigating cyclicity risk.
"Despite these strengths, we view the company's small scale
relative to peers as a risk factor, with Duck Creek among the
lowest quartile of issuers by revenue scale within S&P Global
Ratings' domestic 'B-' technology universe. Furthermore, Duck Creek
is less than half the size of its closest direct competitor,
Guidewire Software Inc. We believe this puts the company at a
competitive disadvantage to Guidewire, which benefits from a larger
and more global installed base (including higher proportion of tier
1 carriers), nearly twice the domestic market share, and access to
greater financial resources than Duck Creek.
"We view Duck Creek's recent history of negative cash flow as a
credit risk. Following its LBO by Vista Equity in 2023, Duck Creek
has reported persistent free operating cash flow deficits. In 2023
and 2024 the company generated sizable free operating cash flow
deficits, driven by LBO transaction expenses in 2023, rising
interest rates, and a step up in restructuring costs tied to
workforce reductions, labor offshoring, and office consolidations.
While margins and cash flow have improved under Vista's ownership
(S&P Global Ratings-adjusted EBITDA margins rose from 8% in 2023 to
20% in 2024) we still expect a subsequent (but smaller) cash flow
burn in fiscal 2025. FOCF is expected to inflect starting in 2026,
however, but turn only nominally positive as cost savings from
previous actions continue to be realized and interest expense
savings from improved pricing on Duck Creek's new debt facilities
take effect.
"While we forecast mostly break-even FOCF this year and next, we
believe Duck Creek's liquidity should provide adequate financial
flexibility. As part of the transaction, the company's funded debt
steps up by about $140 million, with the bulk of this allocated to
stay as cash on the balance sheet. While Duck Creek is anticipated
to deploy some of this cash to fund tuck-in M&A over the near term,
we still expect the company to maintain healthy liquidity,
especially considering its upsized $125 million revolver which will
be undrawn at close. We believe this will provide the company with
enough headroom to both pursue acquisitions and absorb potential
cash shortfalls in 2026 and beyond should it underperform our base
case.
"The stable outlook on Duck Creek reflects the stickiness and
mission criticality of its platform despite its small scale and
recent history of negative cash flow. We believe these factors will
enable the company to deliver stable revenue growth and positive
free operating cash flow over the next 12 months."
S&P would lower its rating on Duck Creek if:
-- Revenue and S&P Global Ratings-adjusted EBITDA underperform due
to weak customer demand or heightened competitive pressures from
peers like Guidewire and Majesco which leads to sustained negative
S&P Global Ratings-adjusted FOCF with limited prospects for
improvement; or
-- S&P views the company's capital structure as unsustainable.
S&P could raise its rating on Duck Creek if it sustains its revenue
and EBITDA growth such that:
-- Its S&P Global Ratings-adjusted leverage remains below 7x on a
sustained basis (after tuck-in acquisitions);
-- It sustains S&P Global Ratings-adjusted FOCF to debt of 5%;
-- It sustains revenue growth and margin improvement; and
-- It increases market share through new customer wins and
upselling/cross-selling within its customer base.
DOLCE BALLOONS: Linda Leali Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 21 appointed Linda Leali, Esq., as
Subchapter V trustee for Dolce Balloons, LLC.
Ms. Leali will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Leali declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Linda M. Leali
Linda M. Leali, P.A.
2525 Ponce De Leon Blvd., Suite 300
Coral Gables, FL 33134
Telephone: (305) 341-0671, ext. 1
Facsimile: (786) 294-6671
Email: leali@lealilaw.com
About Dolce Balloons
Dolce Balloons, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18400) on July 23,
2025, with up to $50,000 in assets and liabilities.
Judge Robert A. Mark presides over the case.
Christina Vilaboa-Abel, Esq., represents the Debtor as legal
counsel.
DRSN GROUP: Gary Murphey of Resurgence Named Subchapter V Trustee
-----------------------------------------------------------------
The U.S. Trustee for Region 21 appointed Gary Murphey of Resurgence
Financial Services, LLC as Subchapter V trustee for DRSN Group,
LLC.
Mr. Murphey will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Murphey declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Gary Murphey
Resurgence Financial Services, LLC
3330 Cumberland Blvd., Suite 500
Atlanta, GA 30330
Tel: (770) 933-6855
Email: Murphey@RFSLimited.com
About DRSN Group LLC
DRSN Group, LLC, doing business as Wisteria, is a retailer of
furniture and home décor items.
DRSN Group sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-58190) on July
23, 2025. In its petition, the Debtor reported estimated assets
between $500,000 and $1 million and estimated liabilities between
$1 million and $10 million.
Judge Barbara Ellis-Monro handles the case.
The Debtor is represented by Caitlyn Powers, Esq., and Will B.
Geer, Esq., at Rountree Leitman Klein & Geer, LLC.
E.W. SCRIPPS: S&P Rates Senior Secured Second-Lien Notes 'CCC+'
---------------------------------------------------------------
S&P Global Ratings assigned its 'CCC+' issue-level rating and '3'
recovery rating to The E.W. Scripps Co.'s proposed $650 million
senior secured second-lien notes due 2030. The '3' recovery rating
indicates its expectation for meaningful (50%-70%; rounded
estimate: 50%) recovery for lenders in the event of a payment
default. E.W. Scripps plans to use the proceeds from these notes to
fully repay its 5.875% senior unsecured notes due 2027 ($426
million outstanding) and repay $220 million of its senior secured
first-lien term loan B-2 maturing 2028 ($545 million outstanding).
S&P said, "At the same time, we lowered our issue-level rating on
the company's 5.375% senior unsecured notes due 2031 to 'CCC-' from
'CCC' and revised the recovery rating to '6' from '5' because the
increase in the amount of secured debt in its capital structure
from the proposed transaction reduces recovery prospects for
unsecured debtholders. The '6' recovery rating indicates our
expectation for negligible (0%-10%; rounded estimate: 0%) recovery
in the event of a payment default.
"All our other ratings on E.W. Scripps, including the 'CCC+' issuer
credit rating and negative outlook, are unchanged. The proposed
transaction is leverage neutral and will extend the company's debt
maturity profile. That said, it will also increase E.W. Scripps'
annual interest expense. We continue to expect the company's S&P
Global Ratings-adjusted gross leverage for the average
trailing-eight-quarters will be about 6.5x in 2025 and exceed 7.0x
in 2026, given our forecast for lower political advertising revenue
in the upcoming midterm election cycle compared with the
presidential election cycle, low-single-digit percent declines in
its core and national advertising revenue, and a 1%-2% decline in
its distribution revenue. We also expect E.W. Scripps' preferred
stock balance (which we include in our calculation of its adjusted
debt) will continue to increase due to the accrual of paid-in-kind
dividends, further limiting its ability to deleverage."
Issue Ratings--Recovery Analysis
Key analytical factors
-- Pro forma for the transactions, E.W. Scripps' capital structure
will comprise a $70 million senior secured first-lien revolving
credit facility maturing in 2026, a $208 million senior secured
first-lien revolving credit facility maturing in 2027, a $325
million senior secured first-lien term loan B-2 maturing in 2028, a
$340 million senior secured first-lien term loan B-3 maturing in
2029, $523 million of 3.875% senior secured first-lien notes due in
2029, $650 million of senior secured second-lien notes due in 2030,
$392 million of 5.375% senior unsecured notes due in 2031, and a
$450 million accounts-receivable securitization facility maturing
in 2028.
-- The account- receivable securitization facility has a
first-priority lien on Scripps' accounts receivable and other
related assets.
-- The senior secured debt is guaranteed on a senior secured basis
by substantially all the company's domestic subsidiaries and each
existing and future material, wholly owned domestic subsidiary,
subject to certain exceptions.
Simulated default assumptions
-- S&P's simulated default scenario considers a default in 2027
due to advertising revenue declines stemming from economic weakness
and increased competition from alternative media, lower
retransmission revenue from elevated subscriber declines, and
pressure from affiliated networks to remit a significant portion of
its retransmission fees.
-- Other default assumptions include an 85% draw on the revolving
credit facilities, a 100% draw on the accounts-receivable
securitization facility, the spread on the revolving credit
facilities rising to 5% as covenant amendments are obtained, and
all debt includes six months of prepetition interest.
-- S&P values E.W. Scripps on a going-concern basis using a 5.5x
multiple of its projected emergence EBITDA. The 5.5x multiple
reflects our less-favorable view of the business relative to its
larger peers with higher-ranked stations, more market duopolies,
and a greater percentage of retransmission revenue.
Simplified waterfall
-- EBITDA at emergence: $438 million
-- EBITDA multiple: 5.5x
-- Gross recovery value: $2.4 billion
-- Net enterprise value (after 5% administrative costs): $2.3
billion
-- Estimated priority debt claims (accounts receivable
securitization facility): $463 million
-- Value available for senior secured first-lien debt claims: $1.8
billion
-- Estimated senior secured first-lien debt claims: $1.5 billion
--Recovery expectations: 90%-100% (rounded estimate: 95%)
-- Value available for senior secured second-lien debt claims:
$371 million
-- Estimated senior secured second-lien debt claims: $682 million
--Recovery expectations: 50%-70% (rounded estimate: 50%)
-- Value available for senior unsecured debt claims: $0
-- Estimated senior unsecured debt claims: $403 million
--Recovery expectations: 0%-10% (rounded estimate: 0%)
EAZY-PZ LLC: Hires Williams Intellectual as Special Counsel
-----------------------------------------------------------
Eazy-PZ LLC seeks approval from the U.S. Bankruptcy Court for the
District of Colorado to employ Williams Intellectual Property as
special counsel.
The Debtor needs the firm's legal assistance in connection with a
lawsuit, Case No. 3-16-cv-00777, filed in the United States
District Court for the Western District of Louisiana.
The firm will be paid at these rates:
Ben Williams $250 to $400 per hour
Associate Attorneys $275 per hour
Paralegals $85 per hour
Legal Assistants $85 per hour
Law Clerks $65 per hour
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Lead attorney Ben Williams, Esq. disclosed in a court filing that
the firm is a "disinterested person" as the term is defined in
Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Ben Williams, Esq.
Williams Intellectual Property
1100 W Littleton Blvd #440
Littleton, CO 80120
Tel: (720) 328-5343
About Eazy-PZ LLC
Eazy-PZ LLC designs and sells silicone mealtime products for
infants and toddlers, including plates, bowls, mats, and utensils.
The Company operates through online and retail channels from its
base in Parker, Colorado.
Eazy-PZ LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Col. Case No. 25-13720) on June 18, 2025. In its
petition, the Debtor reports total assets of $1,019,774 and total
liabilities of $3,881,257.
Honorable Bankruptcy Judge Thomas B. Mcnamara handles the case.
The Debtors are represented by Aaron J. Conrardy, Esq. at WADSWORTH
GARBER WARNER CONRARDY, P.C.
EDGEWOOD HOSPITALITY: Walter Dahl Named Subchapter V Trustee
------------------------------------------------------------
The U.S. Trustee for Region 17 appointed Walter Dahl, Esq., a
partner at Dahl Law, as Subchapter V trustee for Edgewood
Hospitality Group, LLC.
Mr. Dahl will be compensated at $485 per hour for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
In court filings, Mr. Dahl declared that he is a disinterested
person according to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Walter R. Dahl
Dahl Law
2304 "N" Street
Sacramento, CA 95816-5716
Telephone: (916) 446-8800
Telecopier: (916) 741-3346
Email: wdahl@dahllaw.net
About Edgewood Hospitality Group
Edgewood Hospitality Group, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. E.D. Calif. Case No.
25-23743) on July 22, 2025, listing between $1 million and $10
million in assets and between $500,001 and $1 million in
liabilities.
Judge Christopher M. Klein presides over the case.
EL DORADO SENIOR: Seeks to Use Cash Collateral
-----------------------------------------------
Lisa Holder, the Chapter 11 trustee for El Dorado Senior Care,
asked the U.S. Bankruptcy Court for the Eastern District of
California, Sacramento Division, for authority to use cash
collateral.
Two secured creditors, BMO Bank N.A. and Gina MacDonald, have filed
liens. BMO's lien is secured by real property revenues via a 2020
Assignment of Rents while MacDonald asserts an interest based on
judgment-debtor examinations.
The trustee respects their claims but reserves the right to
challenge them. To ensure adequate protection, she proposed monthly
payments of $18,300 to BMO Bank and grants both creditors
replacement liens in post-petition assets, matching their
pre-bankruptcy priority, effective immediately without additional
filings.
The trustee's proposed budget covers operating expenses including
payroll, taxes, insurance, food, maintenance, accounting, and a
$2,200 monthly payment to ClassicPlan to cure arrears into January
2026, with a 10% variance allowance.
Prior cash collateral orders have supported uninterrupted
operation, and this budget provides for continued business
viability, positive cash flow, and scheduled payments, all of which
are essential to preserve the business's going-concern value and
stakeholder interests.
A hearing on the matter is set for August 5.
About El Dorado Senior
Care
El Dorado Senior Care, LLC, a company in El Dorado Hills, Calif.,
owns and operates community care facilities for the elderly.
El Dorado filed voluntary petition for Chapter 11 protection
(Bankr. E.D. Calif. Case No. 24-22208) on May 21, 2024, with
$3,420,371 in assets and $3,127,562 in liabilities. Benjamin L.
Foulk, owner and manager, signed the petition.
Judge Fredrick E. Clement oversees the case.
D. Edward Hays, Esq., at Marshack Hays Wood, LLP, serves as the
Debtor's legal counsel.
Blanca Castro has been appointed as patient care ombudsman in the
Debtor's Chapter 11 case.
ENNIS I-45: Court Extends Cash Collateral Access to Aug. 31
-----------------------------------------------------------
Ennis I-45 11 ACRE, LLC received another extension from the U.S.
Bankruptcy Court for the Northern District of Texas to use its
secured creditors' cash collateral.
The fifth interim order authorized the Debtor to use up to
$34,645.67 in cash collateral for the period from August 1 to 31 to
pay the expenses set forth in its budget.
As adequate protection for the Debtor's use of their cash
collateral, Real Estate Holdings, LLC and Bay Point Capital
Partners II, LP will receive replacement liens on property
currently owned or to be acquired by the Debtor excluding Chapter 5
causes of action.
The replacement liens will have the same priority as the secured
creditors' pre-bankruptcy liens, subject to the fee carveout.
In case of any diminution in the value of their collateral, the
secured creditors will be granted an allowed superpriority
administrative expense claim against the Debtor's estate.
The next hearing is scheduled for August 21. Objections are due by
August 18.
About Ennis I-45 11 Acre
Ennis I-45 11 Acre, LLC (doing business as Ennis Luxury RV Resort)
is an upscale RV park located just outside of Dallas, Texas, in
Ennis.
Ennis I-45 sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Tex. Case No. 25-31219) on April 1, 2025. In its
petition, the Debtor reported estimated assets of $1 million to $10
million and estimated liabilities of $10 million to $50 million.
The petition was signed by John McGaugh as manager.
Kyung S. Lee, Esq., at Shannon and Lee, LLP is the Debtor's legal
counsel.
Real Estate Holdings, LLC, as secured creditor, is represented by:
Marc W. Taubenfeld, Esq.
Munsch Hardt Kopf & Harr, P.C.
500 N. Akard St., Suite 4000
Dallas TX 75201
Telephone: (214) 855-7523
Facsimile: (214) 855-7585
mtaubenfeld@munsch.com
Bay Point Capital Partners II, LP, as secured creditor, is
represented by:
Jeff P. Prostok, Esq.
Emily S. Chou, Esq.
J. Blake Glatstein, Esq.
Vartabedian Hester & Haynes, LLP
301 Commerce St., Suite 3635
Fort Worth, TX 76102
Telephone: (817)214-4990
Facsimile: (214)817) 214-4988
Jeff.prostok@vhh.law
Emily.chou@vhh.law
Blake.glatstein@vhh.law
ENVISIONTEC US: Seeks Chapter 11 Bankruptcy in Texas
----------------------------------------------------
On July 28, 2025, EnvisionTEC US LLC filed for Chapter 11
protection in the Southern District of Texas. According to court
filing, the Debtor reports between $100 million and $500 million in
debt owed to 100 and 199 creditors. The petition states funds will
be available to unsecured creditors.
About EnvisionTEC US LLC
EnvisionTEC US LLC is a manufacturer of industrial 3D printing
technologies.
EnvisionTEC US LLC relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90276) on July 28, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $100 million and $500 million each.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Benjamin Lawrence Wallen, Esq. at
Pachulski Stang Ziehl & Jones LLP.
ESSENZA EDGEWATER: Section 341(a) Meeting of Creditors on August 29
-------------------------------------------------------------------
On July 27, 2025, Essenza Edgewater 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 $10 million
and $50 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be Held on August
29, 2025 at 11:00 AM at by U.S. Trustee TELECONFERENCE. To
participate call 888-330-1716 passcode 3205723.
About Essenza Edgewater LLC
Essenza Edgewater LLC is Florida-based real estate entity that
owns a condominium unit in Miami's Edgewater neighborhood.
Essenza Edgewater LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18574) on July 27,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $10 million and $50
million.
Honorable Bankruptcy Judge Laurel M. Isicoff handles the case.
The Debtor is represented by Diego Mendez, Esq.
EXCELL COMMUNICATIONS: Seeks to Extend Plan Exclusivity to Oct. 11
------------------------------------------------------------------
Excell Communications, Inc. and affiliates asked the U.S.
Bankruptcy Court for the Eastern District of New York to extend
their exclusivity periods to file a plan of reorganization and
obtain acceptance thereof to October 11 and December 10, 2025,
respectively.
In the present matter, the Debtors respectfully submit that there
is more than sufficient cause to extend the Exclusivity Period.
Several issues remain unresolved which preclude the Debtors from
proposing a plan of reorganization at this time.
The Debtors explain that they continue to consolidate their
business operations. The Debtors already have rejected certain
leases and executory contracts, and anticipate filing one or more
additional motions to reject certain non residential real property
leases.
Accordingly, given the complexity of the issues presented in this
case, the Debtors have demonstrated good faith progress towards
reorganization and reasonable prospects for filing a viable Plan.
The Debtors remain current with their post-Petition Date
obligations as they come due.
The Debtors submit that cause exists to grant the proposed
extension of the Exclusivity Period. The Debtors believe that it is
essential and therefore beneficial to the estates and their
creditors that the Debtors be afforded the time necessary in an
environment where the Debtors are not distracted with the
concomitant threat of competing plans, unproductive confrontations
and the increasing administrative costs associated therewith.
Finally, the Debtors believe that the proposed extension of the
Exclusivity Period will not prejudice creditors of the Debtors'
estates or other parties-in-interest.
Counsel to the Debtors:
Michael Amato, Esq.
FORCHELLI DEEGAN TERRANA LLP
333 Earle Ovington Blvd., Suite 1010
Uniondale, NY 11553
Tel: (516) 812-6291
E-mail: mamato@forchellilaw.com
About Excell Communications
Excell Communications, Inc., filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y.
Case No. 25-71444) on April 14, 2025.
Judge Louis A Scarcella presides over the case.
Michael S Amato, at Ruskin Moscou Faltisckek PC, is the Debtor's
counsel.
FINCO I LLC: Moody's Affirms 'Ba1' CFR, Outlook Remains Stable
--------------------------------------------------------------
Moody's Ratings has affirmed FinCo I LLC's (d/b/a Fortress) Ba1
corporate family rating and Ba1-PD probability of default rating.
Concurrently, Moody's affirmed Fortress' existing senior secured
first lien term loan and senior secured revolving credit facility
at Ba1 and assigned a Ba1 rating to its proposed repriced senior
secured first lien term loan. Moody's will withdraw the rating on
the existing senior secured term loan after its paid off. The
outlook remains stable.
RATINGS RATIONALE
The rating affirmation reflects the Fortress' stable to improving
operating performance. The company's leverage has improved to 3.0x
as of Q1 2025 compared to 3.5x the same period a year ago driven by
growth in revenues and EBITDA. Fortress' credit profile is also
benefiting from progress in some of the company's new strategic
initiatives including insurance and private wealth. For example,
Fortress's three new private wealth vehicles have already grown to
over $2 billion in AUM. Moody's expects the company's management
fees to remain stable to potentially increase in 2025 based on
Moody's expectations for stronger fundraising activity.
Fortress' Ba1 ratings reflect the benefits of its long-term locked
up capital, solid profitability and good investment performance
track record. The rating is constrained by moderate revenue scale,
high, albeit improved leverage, AUM concentration in a few flagship
investment strategies, and a lower quality fee revenue stream due
to the higher proportion of performance fees in its revenue mix.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade include the following: 1)
Debt/EBITDA moves sustainably below 3.0x; 2) consistent growth in
management fees; 3) successful build out of its insurance solutions
and/or other nascent initiatives.
Factors that could lead to a downgrade include the following: 1)
sustained leverage above 4.0x; 2) increased earnings volatility; or
3)AUM declines reflecting lower asset valuations and/or return of
capital without a commensurate increase in fee-earning AUM through
fundraising or capital deployment.
The principal methodology used in these ratings was Asset Managers
published in May 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Fortress is a leading alternative asset manager with $51.2 billion
of assets under management as of March 31, 2025.
FIRST ACCEPTANCE: A.M. Best Affirms C++(Marginal) FS Rating
-----------------------------------------------------------
AM Best has affirmed the Financial Strength Rating (FSR) of C++
(Marginal) and the Long-Term Issuer Credit Ratings (Long-Term ICR)
of "b+" (Marginal) of the subsidiaries of First Acceptance
Corporation (Delaware) [OTCQX: FACO], collectively referred to as
First Acceptance Insurance Group (First Acceptance). (See below for
a detailed list of the companies and ratings.) Concurrently, AM
Best has affirmed the Long-Term ICR of "ccc-" (Weak) of First
Acceptance Corporation. The outlook of these Credit Ratings
(ratings) is stable. At the same time, AM Best has withdrawn these
ratings as the company has requested to no longer participate in AM
Best's interactive rating process.
The ratings reflect First Acceptance's balance sheet strength,
which AM Best assesses as weak, as well as its marginal operating
performance, limited business profile and marginal enterprise risk
management (ERM).
The weak balance sheet assessment reflects the significant
volatility in policyholder surplus, elevated underwriting leverage
measures and adverse reserve development during the latest
five-year period. In recent years, additions to policyholder
surplus have been reported due to net income from operations and
capital contributions from its parent. Overall risk-adjusted
capitalization as measured by Best's Capital Adequacy Ratio (BCAR)
remains strong. Despite improvement in recent periods, the position
remains highly sensitive to premium growth and reserve adequacy.
First Acceptance's marginal operating performance is driven by
persistent underwriting losses and fluctuating operating results.
However, underwriting losses are partially offset by fee and other
income. The group's limited business profile reflects operations
that are focused solely on non-standard automobile business. ERM is
viewed as marginal as the framework continues to evolve. While
steps have been taken to integrate a more formalized structure,
risk management capabilities are not fully aligned with the
organization's profile.
The FSR of C++ (Marginal) and the Long-Term ICRs of "b+" (Marginal)
have been affirmed, with stable outlooks. Concurrently, AM Best has
withdrawn the ratings at the company's request for the following
pooled subsidiaries of First Acceptance Corporation:
First Acceptance Insurance Company, Inc.
First Acceptance Insurance Company of Georgia, Inc.
First Acceptance Insurance Company of Tennessee, Inc.
FIRST BRANDS: Moody's Affirms B2 CFR & Rates New First Lien Debt B1
-------------------------------------------------------------------
Moody's Ratings affirmed the ratings of First Brands Group, LLC
(First Brands), including its corporate family rating at B2,
probability of default rating at B2-PD, senior secured first lien
debt rating at B1 and senior secured second lien debt rating at
Caa1. Concurrently, Moody's assigned a B1 rating to the company's
proposed first lien senior secured bank credit facilities, which
consist of a $2,700 million first lien term loan, a $1,000 million
fixed rate first lien term loan, and a EUR850 million first lien
term loan. Moody's also assigned a Caa1 rating to the company's
proposed $1,500 million second lien senior secured term loan. The
outlook is stable.
Proceeds from the new facilities will be used to refinance all of
First Brands' existing indebtedness. The proposed transaction
eliminates near term refinancing risk as the company's existing
first lien debt totaling almost $5 billion was set to mature in
March 2027. The company's nearest debt maturity will now be 2030.
Despite this positive development, Moody's expects First Brands'
financing costs to remain high, resulting in modest interest
coverage with EBITDA/interest expense below 2x. Further, high
interest expense, combined with ongoing restructuring costs and
sizeable working capital needs, constrain the company's free cash
flow despite good profitability.
The assigned ratings to the new debts are subject to review of
final documentation and terms and conditions. On completion of the
transaction the instrument ratings on the existing term loans will
be withdrawn.
RATINGS RATIONALE
First Brands' ratings reflect its sizeable scale as an automotive
aftermarket parts supplier and good profit margin. However, the
company has an aggressive financial policy of pursuing fully debt
financed acquisitions. First Brands' revenue and profitability
growth have been achieved primarily through acquisitions and
subsequent cost savings. Several of the company's acquisitions have
been of underperforming assets for which First Brands undertakes
significant cost saving actions, including facilities consolidation
and product insourcing and procurement actions, to improve
earnings. First Brands has a consistent track record implementing
this strategy, but Moody's believes there are risks around
integration and the sustainability of these savings as the company
expands its product and geographic scope. In addition, there are
recurring, upfront costs First Brands incurs to enact these cost
saving initiatives that constrain free cash flow.
Despite First Brands' proclivity for acquisitions, Moody's
favorably view the company's exposure to the stable demand
characteristics of the automotive aftermarket. First Brands offers
several well-known products, including wipers, filters and brake
parts, for routine repair and maintenance vehicle work. The
stability of this product portfolio supports Moody's expectations
that the company will generate at least low single digit organic
revenue growth annually.
Moody's expects First Brands debt/EBITDA will remain around 5.0x
over the next 12 months. Moody's financial leverage calculation
includes adjustments for factored receivable debt and costs.
Further, Moody's do not add back restructuring charges, given the
recurring nature of these programs, or unrealized cost savings to
First Brands' earnings. Moody's expects the company to use a
portion of its cash balance to fund acquisitions. However, Moody's
do not anticipate any acquired earnings to meaningfully improve
financial leverage.
Moody's expects First Brands to maintain good liquidity, supported
by a healthy cash balance. However, the company's cash position is
largely the result of prior debt raises. Moody's expects First
Brands to maintain a high cash position to support the company's
working capital needs. First Brands free cash flow is unpredictable
based on ongoing restructuring costs and volatile working capital
swings tied to its acquisition strategy. Moody's expects the
company to generate moderately positive free cash over the next
couple of years.
As part of the refinancing transaction, First Brands is also
seeking to obtain a new $500 million 5-year asset based lending
(ABL) facility (unrated). Moody's expects this facility to mostly
remain undrawn and support any letters of credit. Rather than using
its ABL, First Brands funds a majority of its working capital (both
receivables and payables) through factoring arrangements. Moody's
considers the liquidity risks around these factored amounts as the
company would either need to renegotiate terms or seek alternative
financing in the event its factoring programs are disrupted.
The stable outlook reflects Moody's views that First Brands will
generate steady revenue growth, but will maintain an aggressive
financial policy favoring debt funded acquisitions. As a result,
Moody's expects financial leverage to remain moderately high and
interest coverage to be constrained given the company's high debt
load.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if First Brands maintains a less
aggressive financial policy of debt funded acquisitions. Further,
the ratings could be upgraded if debt/EBITDA is expected to be
maintained near 4x and EBITDA/interest expense exceeds 3x. The
ratings could also be upgraded if good liquidity is maintained with
free cash flow to debt in the high single digits.
The ratings could be downgraded if debt/EBITDA is sustained above
5.5x or EBITDA/interest expense remains below 2x. Further, the
ratings could be downgraded if free cash flow decreases or
liquidity risks materialize from significant changes in the
company's factoring relationships.
Marketing terms for the new credit facilities (final terms may
differ materially) include the following:
Incremental pari passu debt capacity up to (i) $100 million with
respect to incremental first lien revolving loans, and (ii) the
greater of a corresponding fixed dollar amount and 100% of
consolidated EBITDA with respect to incremental first lien loans,
plus unlimited amounts subject to 3.30x first lien net leverage
ratio. There is no inside maturity sublimit.
There are no "blocker" provisions which prohibit the transfer of
specified assets to unrestricted subsidiaries. The credit agreement
is expected to prohibit loan parties from investing or disposing of
intellectual property to any non-loan party, subject to some
exceptions.
The credit agreement is expected to provide some limitations on
up-tiering transactions, requiring 100% lender consent for
amendments that subordinate the debt or liens, unless such lenders
can ratably participate in such priming debt.
The principal methodology used in these ratings was Automotive
Suppliers published in December 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
First Brands Group, LLC, headquartered in Cleveland, OH, is a
leading manufacturer and distributor of primarily aftermarket
component parts for the automotive and other industrial equipment
markets. The company's products include wipers, air and oil
filters, water and fuel pumps, brake drums and rotors, lighting,
spark plugs, towing and trailering equipment and gas springs.
FLEET RENTS: Unsecureds Will Get 15.9% of Claims over 60 Months
---------------------------------------------------------------
Fleet Rents LLC filed with the U.S. Bankruptcy Court for the
Eastern District of Pennsylvania a Plan of Reorganization under
Subchapter V dated July 24, 2025.
The Debtor was founded in May 2017 as a fleet repair and
maintenance services company.
The Debtor's corporate headquarters is located at 1250 Bethlehem
Pike, Suite S-343, Hatfield, PA 19440. The Debtor is owned as
follows Nancy Cherone 51% and Joseph Cherone 49%. The Debtor's
current operational management consists of Joe Cherone, as
President and Nancy Cherone, as CEO.
The Debtor has approximately $900,000.00 in debts, each secured by
the Debtor's vehicles and/or future receivables. The Debtor is
current on all pre-petition wages owed to its employees but owes
various union and tax authorities approximately $254,000.00 in the
aggregate pursuant to their priority claims. The Debtor has
approximately $1.6 million in general unsecured debt.
Class 22 consists of General Unsecured Claims totaling
$1,622,236.60. The Debtor will make monthly payments in the amount
of $4,300.00 to be shared pro rata among all holders of allowed
general unsecured claim in class 22. The Debtor estimates this will
result in an aggregate distribution of $258,000 at the completion
of 60 months. This results in a 15.9% distribution to this class.
This Class is impaired.
Joseph and Nancy Cherone expect to retain their interests in the
reorganized Debtor.
Throughout the duration of the Plan, Chapter 11 Plan payments shall
be disbursed concurrently. Claims in the same category shall be
paid pro-rata.
Upon Confirmation of the Plan, all property of the Debtor, tangible
and intangible, including, without limitation, licenses, furniture,
fixtures and equipment, will revert, free and clear of all Claims
and Equitable Interests except as provided in the Plan, to the
Debtor. TheDebtor expects to have sufficient cash on hand to make
the payments required on the Effective Date.
The Debtor must submit all orsuch portion ofthe future earnings or
other future income ofthe Debtor to the supervision and control of
the Trustee asis necessary for the execution of the Plan. The final
Plan payment is expected to be paid on or before 60 months after
confirmation of the original Chapter 11Plan.
A full-text copy of the Plan of Reorganization dated July 24, 2025
is available at https://urlcurt.com/u?l=AqYII6 from
PacerMonitor.com at no charge.
About Fleet Rents LLC
Fleet Rents, LLC, provides full-service maintenance and repair for
commercial vehicles and equipment. It offers a range of services
including project ramp-ups, preventative maintenance, DOT annual
inspections, nationwide campaigns, mechanical repairs, and
fabrication and welding.
Fleet Rents sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-11605) on April
25, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Judge Patricia M. Mayer handles the case.
The Debtor is represented by:
Ronald S. Gellert, Esq.
Gellert Seitz Busenkell & Brown, LLC
Tel: 302-425-5806
Email: rgellert@gsbblaw.com
FLORIDA FOOD: In Talks with Lenders to Boost Balance Sheet
----------------------------------------------------------
Reshmi Basu of Bloomberg News reports that Florida Food Products is
in negotiations with some of its creditors on a potential debt
agreement aimed at improving the plant-based ingredient maker's
financial position, according to sources familiar with the matter.
The company is working with Evercore for advisory support, while a
group of creditors has engaged Greenhill and Paul Hastings, the
sources said, requesting anonymity due to the private nature of the
discussions.
Specific terms of the potential deal have not been disclosed.
Ardian, the private equity firm backing Florida Food, declined to
comment, and inquiries to Florida Food, Evercore, Greenhill, and
Paul Hastings were not returned, according to Bloomberg News.
Moody's downgraded Florida Food's credit rating to Ca from Caa3 in
April 2025, the report states.
About Florida Food Products, LLC
Headquartered in Lake Mary, Florida, Florida Food Products, LLC is
a producer of vegetable and fruit based food and beverage
ingredients. Florida Food Products, LLC generated revenue of
approximately $258 million for the LTM period ended September 30,
2024. The company was acquired by Ardian and MidOcean Partners in
October 2021.
FRANCIS TRUST: Gets Final OK to Use Cash Collateral Until Oct. 11
-----------------------------------------------------------------
Francis Trust, LLC received final approval from the U.S. Bankruptcy
Court for the District of Maine to use cash collateral.
The order penned by Judge Peter Cary authorized the Debtor's
interim use of cash collateral through October 11 in line with its
revised budget.
Stormfield SPV I, LLC, the Debtor's primary secured creditor, will
be granted automatically perfected replacement liens on all assets
of the Debtor in case of any diminution in value of its cash
collateral. The replacement liens do not apply to avoidance
actions.
The Debtor was ordered to make monthly payments of principal and
interest (based on the 36-month amortization) in the amount of
$2,411 beginning August 15.
To the extent the authority to use cash collateral is required
after October 11, the Debtor must file a revised cash plan by
September 26, reflecting the continued use of cash collateral for
an additional 13 weeks (or such shorter time as the Debtor deems
necessary).
If Stormfield and the Debtor cannot agree on the continued use of
cash collateral beyond October 11, the Debtor must file and serve a
notice of final hearing by September 30, and the court will conduct
a final hearing on October 7.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/2fJ1l from PacerMonitor.com.
About Francis Trust
Francis Trust LLC operates The Moorings of New Harbor, a lodging
complex situated in New Harbor, Maine. This property offers a
variety of accommodations, including private units in historic
homes with harbor and ocean views. Amenities at The Moorings
include an indoor heated pool, hot tub, tennis courts, and free
Wi-Fi. Some units are pet-friendly and feature full kitchens,
fireplaces, and expansive decks.
Francis Trust sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Me. Case No. 25-10064) on April 15, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Peter G. Cary handles the case.
Tanya Sambatakos, Esq., at Molleur Law Office is the Debtor's
bankruptcy counsel.
Stormfield SPV I, LLC, as secured creditor, is represented by:
Joan B. Egdall, Esq.
Demerle & Associates, P.C.
10 City Square, 4th Floor
Boston, MA 02129
Phone: (617) 337-4444
Fax: (617) 337-4496
Bankruptcy@demerlepc.com
FREE SPEECH: Jones' Truck, Rental Property, Watches May Hit Auction
-------------------------------------------------------------------
James Nani of Bloomberg Law reports that a bankruptcy trustee is
seeking court approval to auction off Alex Jones' Austin rental
home, a collection of 16 luxury watches, and his Ford truck in an
effort to help repay the nearly $1.4 billion he owes to families of
Sandy Hook shooting victims.
In a motion filed July 28, 2025 in the U.S. Bankruptcy Court for
the Southern District of Texas, trustee Christopher Murray of Jones
Murray LLP said the public sale of the assets would serve the best
interests of Jones' creditors. The proposed auction requires court
approval. The motion comes as Jones' bankruptcy case continues to
grow more complex and costly, with ongoing litigation in both state
and federal courts. Judge Christopher M. Lopez has previously urged
attorneys to move forward with asset sales by September or October,
noting that the case has been pending since 2022. Jones filed for
Chapter 7 bankruptcy after juries found him and his company, Free
Speech Systems LLC -- the parent of Infowars -- liable for
spreading false claims about the 2012 Sandy Hook Elementary School
shooting, which killed 20 children and six adults.
According to Bloomberg Law, the items targeted for sale include 16
watches from brands such as Tudor, Tag Heuer, and Hamilton. Once
valued at over $26,000, the collection is now expected to sell for
between $18,000 and $22,000. His 2017 Ford Expedition King Ranch,
with around 125,000 miles, is valued between $10,000 and $15,000.
The rental property, located in Austin's Cherry Creek neighborhood,
is a 1,800-square-foot single-family home appraised at $444,845.
Due to deferred maintenance, it's expected to sell for between
$300,000 and $400,000. The current tenant has agreed to vacate once
the sale is complete.
Last June 2025, the trustee also filed a lawsuit against Jones and
several of his relatives, accusing them of hiding millions of
dollars in cash and other assets from creditors. Jones' attorneys,
including Jordan & Ortiz PC and Broocks Law Firm PLLC, have not yet
commented on the proposed auction. The trustee is represented by
Jones Murray LLP and Porter Hedges LLP, the report states.
The case is In re Alexander E. Jones, Bankr. S.D. Tex., No.
22-33553, motion filed July 28, 2025.
About Free Speech Systems
Free Speech Systems LLC is a broadcast media production and
distribution company that provides broadcasting aural programs by
radio to the public. Free Speech Systems is a family-run business
founded by Alex Jones.
FSS is presently engaged in the business of producing and
syndicating Jones' radio and video talk shows and selling products
targeted to Jones' loyal fan base via the Internet. Today, FSS
produces Alex Jones' syndicated news/talk show (The Alex Jones
Show) from Austin, Texas, which airs via the Genesis Communications
Network on over 100 radio stations across the United States and
via
the internet through websites including Infowars.com.
Due to the content of Alex Jones' shows, Jones and FSS have faced
an all-out ban of Infowars from mainstream online spaces. Shunning
from financial institutions and banning Jones and FSS from major
tech companies began in 2018.
Conspiracy theorist Alex Jones has been sued by victims' family
members over Jones' lies that the 2012 Sandy Hook Elementary School
shooting was a hoax.
Jones' InfoW LLC and affiliates, IWHealth, LLC and Prison Planet
TV, LLC, filed petitions under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 22-60020) on April
18, 2022.
FTX TRADING: Gellert Seitz & Morgan Represent M&M FTX Customers
---------------------------------------------------------------
The law firms of Gellert Seitz Busenkell & Brown LLC and Morgan &
Morgan, P.A., filed a verified statement pursuant to Rule 2019 of
the Federal Rules of Bankruptcy Procedure to disclose that in the
Chapter 11 cases of FTX Trading Ltd. and affiliates, the firms
represent M&M FTX Customers or M&M Group of FTX Clients.
Each M&M FTX Customer has individually retained Morgan & Morgan to
represent him or her as counsel in connection with claims asserted
in the chapter 11 cases, and in connection with that certain
adversary proceeding pending in the Chapter 11 Cases, captioned In
re: FTX Trading Ltd., et al., Adv. Pro. No. 25- 50962-KBO (the "M&M
Adversary Proceeding").
For purposes of the Chapter 11 Cases and the M&M Adversary
Proceeding, Counsel represent each M&M FTX Customer in their
individual capacity.
Counsel will provide under seal the home address for each M&M FTX
Customer to (1) the Court and the United States Trustee upon
request and (2) to counsel to the Debtors and counsel to the
Official Committee of Unsecured Creditors upon request and subject
to appropriate confidentiality protections or protective orders.
Counsel to the M&M FTX Customers:
GELLERT SEITZ BUSENKELL & BROWN, LLC
Michael Busenkell, Esq.
Margaret F. Manning, Esq.
1201 North Orange Street, Suite 300
Wilmington, Delaware 19801
Telephone: (302) 425-5812
Facsimile: (302) 425-5814
Email: mbusenkell@gsbblaw.com
mmanning@gsbblaw.com
Amir A. Isaiah, Esq.
MORGAN & MORGAN, P.A.
2O North Orange Avenue, 16th Floor
Orlando, FL 32801
Office: (407) 867-4825
Email: isaiah@forthepeople.com
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.
FULLER'S SERVICE: Unsecured Creditors to Split $300K over 5 Years
-----------------------------------------------------------------
Fuller's Service Center Inc. filed with the U.S. Bankruptcy Court
for the Northern District of Illinois a Disclosure Statement
describing Plan of Reorganization dated July 22, 2025.
The Debtor is engaged in the business of car washing, auto repair
and automotive maintenance from the leased premises located at 102
West Chicago Avenue, Hinsdale, Illinois and 101-109 West Chicago
Avenue, Hinsdale, Illinois ("Leased Premises").
In July 2023, a tragic accident occurred at the 102 West Chicago
facility involving a motor vehicle that was exiting the car wash
that proceeded to strike several people and kill a young Hinsdale
boy (the "Accident"). As a result of the Accident, several lawsuits
were filed against the Debtor, several affiliates and other third
parties.
The Plan provides for the payment of Allowed Claims from cash, cash
deposits, Remaining Insurance Proceeds (Class 20 only) and revenue
generated from the operation of the Debtor's business. The Plan
also provides for "Additional Distributions" to the holders of
Allowed Claims in Class 19 and Class 20 from the proceeds of any
"Related Party Recoveries."
Class 19 consists of Unsecured Claims. In full satisfaction,
settlement, release and discharge of and in exchange for each and
every Class 19 Claim, the holders of Allowed Class 19 Claims shall
receive their pro-rata distribution of $300,000.00 payable in equal
quarterly installments commencing at the end of the quarter
following the Effective Date and continuing quarterly thereafter
for a period of 5 years. The Debtor estimates that Class 19 Claims,
aggregate approximately $568,231.00.
The payments to the holders of Allowed Class 19 Claims shall be
made from available cash, cash deposits, and revenue generated from
the operation of the Debtor's business. Further, in the event of
any Related Party Recoveries, such Related Party Recoveries shall
be distributed as Additional Distributions on a pro-rata basis to
the holders of Allowed Class 19 and Class 20 Claims as soon as
practicable.
Class 20 consists of the Claims of Various Plaintiffs in Accident
Lawsuits. In full satisfaction, settlement, release and discharge
of and in exchange for each and every Class 20 Claim, the holders
of Allowed Class 20 Claims shall receive their pro-rata
distribution of remaining Insurance Proceeds ("Remaining Insurance
Proceeds") as soon as practicable after the Effective Date.
Further, in the event of any Related Party Recoveries, such Related
Party Recoveries shall be distributed as Additional Distributions
on a pro-rata basis to the holders of Allowed Class 19 and 20
Claims as soon as practicable.
The Debtor's shareholders are the holders of the Allowed Class 21
Interests. These shareholders are: Douglas A. Fuller, Jr.; Adam
Fuller; Colin Fuller; Ethan Fuller; Paula Fuller; and Susan
Groenwold. Each such shareholder owns 16.66% of the stock in the
Debtor. Under the Plan, the shareholders shall retain their
respective stock interests in the Debtor and shall only be required
to contribute additional capital to the Debtor in the event that
the Plan is confirmed under Section 1129(b)(2)(B) of the Bankruptcy
Code.
No distributions shall be made to the holders of Allowed Class 21
Interests on account of such Interests unless and until all
payments required under the Plan to the holders of Allowed Claims
have been made.
Distributions under the Plan to the holders of Allowed Unclassified
Claims, Allowed Priority Tax Claims and Allowed Claims in Classes 1
through 19 shall be made from revenue generated from the Debtor's
business, and existing cash and cash deposits of the Debtor.
Distributions to the holders of Allowed Class 20 Claims will be
paid from Remaining Insurance Proceeds.
In the US Trustee Motion and the Richards Trustee Motion, the US
Trustee and the Richards Family Representatives assert, among other
things, that various pre-petition transfers by the Debtor to or for
the benefit of Related Parties give rise to potential claims
against such Related Parties for the amount of such transfers (the
"Related Party Recoveries").
Under the Plan, the Debtor agrees to the designation of a mutually
acceptable third party to analyze the facts and circumstances
relating to the Related Party Recoveries. In the event that there
are any Related Party Recoveries, the proceeds thereof shall be
distributed as "Additional Distributions" on a prorata basis to the
holders of Allowed Class 19 and Class 20 Claims.
A full-text copy of the Disclosure Statement dated July 22, 2025 is
available at https://urlcurt.com/u?l=Xrec3h from PacerMonitor.com
at no charge.
Fuller's Service Center, Inc. is represented by:
David K. Welch, Esq.
Brian P. Welch, Esq.
Burke, Warren, MacKay & Serritella, P.C.
330 N. Wabash Ave., Suite 2100
Chicago, Illinois 60611
Tel: (312) 840-7000
Fax: (312) 840-7900
About Fuller's Service Center, Inc.
Fuller's Service Center, Inc. is engaged in the business of car
washing, auto repair and automotive maintenance from the leased
premises located at 102 West Chicago Avenue, Hinsdale, Illinois and
101-109 West Chicago Avenue, Hinsdale, Illinois ("Leased
Premises").
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-01345) on January 29,
2025. In the petition signed by Douglas A. Fuller Jr., president,
the Debtor disclosed up to $1 million in assets and up to $10
million in liabilities.
David K. Welch, Esq., at Burke, Warren, MacKay & Serritella, P.C.,
is the Debtor's legal counsel.
FUTURA ENTERPRISES: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
Futura Enterprises Inc. got the green light from the U.S.
Bankruptcy Court for the Northern District of Texas to use cash
collateral.
The court authorized the Debtor's interim use of cash collateral to
pay operating expenses in accordance with its budget, with up to
10% variance.
The 30-day budget projects total operational expenses of $85,305.
This budget may be modified by agreement with secured lender,
BayFirst Bank, before the final hearing.
As adequate protection, the secured lender will be granted
replacement liens on the Debtor's equipment, inventory and accounts
whether such property was acquired before or after the Debtor's
Chapter 11 filing.
The replacement liens will have the same validity and priority as
the secured creditor's pre-bankruptcy liens; are subordinate to the
fee carveout; and do not apply to avoidance actions.
The final hearing is scheduled for August 6. Objections are due by
August 4.
As of the petition date, the Debtor owed BayFirst $501,853. The
lender asserts it is secured by a lien on and security interest in
substantially all of the Debtor's equipment, accounts and
inventory.
BayFirst is represented by:
Matthew T. Taplett, Esq.
Pope, Hardwicke, Christie, Schell, Kelly & Taplett, L.L.P.
500 W. 7th Street, Suite 600
Fort Worth, TX 76102
Telephone: (817) 332-3245
Facsimile: (817) 877-4781
mtaplett@popehardwicke.com
About Futura Enterprises Inc.
Futura Enterprises Inc., doing business as Futura Building Systems,
provides residential and commercial construction services in Texas.
It offers roofing, remodeling, gutters, siding, and renovation
work, operating from its office in Dallas.
Futura Enterprises sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-42551) on July 14,
2025. In its petition, the Debtor reported total assets of $313,607
and total liabilities of $2,583,194.
Judge Mark X. Mullin handles the case.
The Debtor is represented by:
Robert T. DeMarco, Esq.
DeMarco Mitchel, PLLC
500 N. Central Expressway Suite 500
Plano, TX 75074
Tel: (972) 991-5591
robert@demarcomitchell.com
GEORGIA VASCULAR: Gets OK to Use Cash Collateral Until Aug. 7
-------------------------------------------------------------
Georgia Vascular Specialists, P.C. got the green light from the
U.S. Bankruptcy Court for the Northern District of Georgia to use
the cash collateral of its lenders.
The court authorized the Debtor's interim use of cash collateral
from July 18 to August 7 to pay its operating expenses in
accordance with its budget.
As adequate protection for the Debtor's use of their cash
collateral, lenders including JPMorgan Chase Bank, N.A., The
Huntington National Bank and the U.S. Small Business Administration
will be granted replacement liens on assets acquired by the Debtor
after its bankruptcy filing that are similar to their
pre-bankruptcy collateral.
The replacement liens do not apply to any Chapter 5 avoidance
actions.
The next hearing is scheduled for August 7.
JPMorgan, as lender, is represented by:
Eric Smith, Esq.
Aldridge Pite, LLP
Six Piedmont Center
3525 Piedmont Road, N.E., Suite 700
Atlanta, GA 30305
Phone: (404) 994-7400
Fax: (888) 873-6147
esmith@aldridgepite.com
About Georgia Vascular Specialists P.C.
Georgia Vascular Specialists P.C. provides vascular medicine and
surgical services, including minimally invasive and traditional
procedures for arterial, venous, and lymphatic conditions. The
practice operates an accredited vascular ultrasound lab, ambulatory
wound care services, and vein treatments, and offers inpatient care
at Piedmont Hospital and Atlanta Medical Center. Founded in 1989,
Georgia Vascular Specialists is based in Georgia.
Georgia Vascular Specialists sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55352) on May 13,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Paul W. Bonapfel oversees the case.
The Debtor is represented by:
Benjamin R. Keck, Esq.
Keck Legal, LLC
Tel: 470-826-6020
Email: bkeck@kecklegal.com
GSA BIRMINGHAM: Moody's Cuts Rating on 2021 Revenue Bonds to Ba3
----------------------------------------------------------------
Moody's Ratings has downgraded the ratings to Ba3 from Ba2 on GSA
Birmingham Realty DST (SSA Birmingham Office Project)'s Federal
Lease Revenue Bonds (SSA Birmingham Project), Federally Taxable
Series 2021 issued by the National Finance Authority, NH (NFA). The
downgrade reflects weaker likelihood of lease renewal due to the
increased federal government focus on reducing agency staff levels
and shrinking its leased office footprint. In addition, the recent
high interest rate environment increases future refinancing risk,
with 2.5 years remaining to lease expiration. The outlook has been
revised to stable from negative.
RATINGS RATIONALE
The Ba3 rating reflects the essentiality of the GSA leased facility
to the US Social Security Administration (SSA) which suggests that
the United States Government (Aa1 stable), acting through the
General Services Administration (GSA), is very likely to renew its
lease prior to its January 2028 expiration. Renewal terms will need
to support a refinancing and repayment of the very high leverage
that will remain on the project at that time.
The financed project, a Class A office building in the city of
Birmingham, AL (Aa3 stable) that is the SSA's largest, newest
program service center, is essential, supporting Moody's views of
lease renewal. This is somewhat offset by the risk that future
technology advancements, reduced staff levels or federal real
estate policy changes could reduce the government's need for this
size facility.
The lease on the facility is sufficient to cover debt service on
the bonds up to, but not including, their final maturity in April
2028. After making sinking fund payments in the intervening years,
$185 million of debt will remain outstanding when the lease
expires. Therefore, the main source of repayment for the bonds will
be a refinancing transaction, which presumably would be supported
by a renewal of the lease. As the shell payments under the lease
are scheduled at roughly $11 million annually in the final years of
the lease, this implies that the debt that will need to be
refinanced totals more than 16.8x the annual rent - a very high
degree of leverage. The government's enduring reliance on this site
to administer social security benefits, and its implied likelihood
of renewing the lease, is therefore a crucial factor for the
rating.
Absent lease renewal, recovery for bondholders will be limited.
Based on current market trends and relatively high interest rates,
it will be challenging to find a new tenant or owner to occupy the
large building and pay an adequate lease amount relative to the
high amount of debt outstanding.
Aside from renewal risk, this project benefits from a satisfactory
legal and cash flow structure, which includes a strong federal
government tenant through January 2028, a mortgage lien on the
facility and the assignment and direct payment of all lease
payments to the trustee, that reduces bondholders' exposure to
operating risk of the borrower and property manager.
RATING OUTLOOK
The stable outlook reflects Moody's expectations that the
facility's high utilization levels, the essentiality and quality of
the asset and relatively stable Birmingham office market will
support the high likelihood of lease renewal over the next 12 to 18
months. However, over the medium term, evolving federal policies
around real estate, agency staffing levels and budget cuts create
uncertainty leading up to the lease expiration in January 2028.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATING
-- Reduction in debt levels or final bullet payment that reduces
overall leverage and refinancing risk
-- Strong indications that the lease with the GSA will be renewed
before expiration with terms that enable all bond payments to be
serviced with revenue from leases
-- A large increase in the market value of the project, or a
verified market valuation of the property, that support high
bondholder recovery in the event the lease is not renewed
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATING
-- Increased risk of nonrenewal of the lease, because of reduced
building utilization, change in federal leasing policies, an
increase in available office space with similar specifications in
the area, deterioration in asset condition, or weakened
lessor/lessee relationship
-- A material credit weakening of the United States
-- Increased leverage on the project
PROFILE
The United States has the world's largest economy and is the center
of global trade and finance, with a gross domestic product of $28.5
trillion in 2024. Its population of 340 million is third-
largest.
The New Hampshire Business Finance Authority ("National Finance
Authority") was created by the state of New Hampshire and is
authorized by the constitution and laws of the state to issue
bonds.
The borrower, GSA Birmingham Realty Delaware Statutory Trust is a
single-purpose Delaware Statutory Trust formed as the owner and
lessor of the property. The ultimate parent of GSA Birmingham
Holdings Delaware Statutory Trust is Net Lease Capital Advisors,
LLC (NLC). NLC is the principal owner and parent company, and
specializes in single tenant net lease properties, particularly
with federal government agencies. After closing, the borrower was
converted to a Delaware statutory trust to sell equity interests in
the project to investors.
METHODOLOGY
The principal methodology used in this rating was Lease,
Appropriation, Moral Obligation and Comparable Debt of US Special
Purpose Districts published in February 2025.
GTCR EVEREST: Moody's Affirms 'B2' CFR, Outlook Remains Stable
--------------------------------------------------------------
Moody's Ratings has affirmed the B2 Corporate Family Rating and B2
first-lien senior secured bank credit facility ratings of GTCR
Everest Borrower, LLC, the borrowing entity for AssetMark Financial
Holdings, Inc. (AssetMark). The outlook remains stable.
This rating action follows AssetMark's announcement of a new $450
million incremental first-lien term loan issuance. Combined with
$135 million in cash from its balance sheet, the proceeds will be
used to fund a shareholder distribution of up to $580 million and
to cover related fees and expenses. As part of the transaction, the
capacity on the company's revolving credit facility was increased
by $56.25 million, bringing the total to $306.25 million.
RATINGS RATIONALE
While the planned transaction marks a notable shift in AssetMark's
financial policy and reduces its flexibility to pursue growth
opportunities, the immediate impact on debt leverage and interest
coverage remains within Moody's expectations for B2-rated
securities industry service providers.
Gross leverage, based on Moody's standard adjustments, is projected
to rise to 5.3x debt-to-EBITDA at the close of the transaction, up
from approximately 4.0x for the twelve months ended 30 June 2025
and, EBITDA-to-interest expense is expected to decline from 4.7x to
around 2.5x. However, in normal market conditions, Moody's expects
improvement in these metrics with leverage falling below 5x and
interest coverage rising above 3x, in the next year.
The B2 CFR reflects AssetMark's strong position in the wealth
technology sector, supported by the growing number of financial
advisors operating through independent broker-dealers or as
registered investment advisors, increased client demand for
financial advice, and the rising importance of technology in
advisory practices. The rating also incorporates the company's
elevated debt leverage and Moody's expectations of a more
aggressive M&A strategy.
The stable outlook is based on Moody's expectations that
AssetMark's continued positive operating performance will drive
EBITDA growth and reduce leverage, assuming the market environment
remains favorable.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
GTCR Everest Borrower's ratings could be upgraded if management
adopts more conservative financial policies; and Moody's adjusted
debt leverage falls below 4x on a sustained basis; or there is a
consistent increase in profitability and margin stability driven by
sustainable growth in both advisors and platform assets,
demonstrating strong operational performance.
Conversely, a downgrade could result from intensifying competitive
pressures in the turnkey asset management platform space, which may
lead to significant asset redemptions and declining revenues. Other
potential triggers include a sustained Debt/EBITDA ratio above 6.5x
based on Moody's standard adjustments, or failures in compliance or
risk management that hinder the firm's ability to meet evolving
business demands.
The principal methodology used in these ratings was Securities
Industry Service Providers published in February 2024.
GTCR Everest Borrower's "Assigned standalone Assessment" score of
B2 is set ten notches below the "Financial Profile" initial score
of A1 to reflect the firm's leveraged capital structure and planned
increase in debt that will lead to weaker credit quality.
GYLMAR DEVELOPMENTS: Seeks Subchapter V Bankruptcy in Florida
-------------------------------------------------------------
On July 2, 2025, Gylmar Developments Inc. filed Chapter 11
protection in the Southern District of Florida. According to court
filing, the Debtor reports between $1 million and $10 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About Gylmar Developments Inc.
Gylmar Developments Inc. is a Miami-based corporation headquartered
at 8485 NW 54th Street.
Gylmar Developments Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-18606) on July 2, 2025. In its petition, the Debtor reports
estimated assets between $500,000 and $1 million and estimated
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Robert A. Mark handles the case.
The Debtor is represented by Michael S. Hoffman, Esq.
HALL OF FAME: Nasdaq to Delist Securities on July 31
----------------------------------------------------
The Nasdaq Stock Market LLC (the Exchange) disclosed in a 25-NSE
filed with the U.S. Securities and Exchange Commission that it has
determined to remove from listing the securities of Hall of Fame
Resort & Entertainment Company effective at the opening of the
trading session on July 31, 2025.
Based on review of information provided by the Company, Nasdaq
Staff determined that the Company no longer qualified for listing
on the Exchange pursuant to Listing Rule 5620(a).
The Company was notified of the Staff determination on June 18,
2025. The Company did not file for an appeal. The Company
securities were suspended on June 27, 2025.
The Staff determination to delist the Company securities became
final on June 27, 2025.
About Hall of Fame Resort
Hall of Fame Resort & Entertainment Co. is a resort and
entertainment company leveraging the power and popularity of
professional football and its legendary players in partnership with
the National Football Museum, Inc., doing business as the Pro
Football Hall of Fame. Headquartered in Canton, Ohio, the Company
owns the DoubleTree by Hilton located in downtown Canton and the
Hall of Fame Village, which is a multi-use sports, entertainment,
and media destination centered around the PFHOF's campus.
Cleveland, Ohio-based Grant Thornton LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated March 26, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has sustained recurring losses through December 31, 2024 and
utilized cash from operations of $10.9 million during the year
ended December 31, 2024. The Company has $109.5 million of debt due
through December 31, 2025, and will need to raise additional
financing to accomplish its development plans and fund its working
capital. These conditions, along with other matters, raise
substantial doubt about the Company's ability to continue as a
going concern.
As of Dec. 31, 2024, the Company had $366.7 million in total
assets, $294.5 million in total liabilities, and a total equity of
$72.2 million. The Company's accumulated deficit was $273.6 million
as of December 31, 2024.
HOOTERS OF AMERICA: Seeks to Extend Plan Exclusivity to Sept. 27
----------------------------------------------------------------
Hooters of America, LLC, and its affiliated debtors asked the U.S.
Bankruptcy Court for the Northern District of Texas to extend their
exclusivity periods to file a plan of reorganization and obtain
acceptance thereof to September 27 and November 26, 2025,
respectively.
The Debtors explain that ample cause exists to grant the relief
requested by this Motion in these Chapter 11 Cases. The relevant
factors strongly weigh in favor of an extension of the Exclusivity
Periods:
* The Debtors' Chapter 11 Cases are large and complex. As
reflected by the Court's Order Granting Chapter 11 Complex Case
Treatment, the Debtors' significant number of creditors and assets
make these cases large and complex. As of the Petition Date, the
Debtors had approximately $376 million of funded debt, along with
unsecured obligations to various vendors, contractual
counterparties, and, as of the Petition Date, thousands of
employees. Accordingly, this factor weighs in favor of granting an
extension of the Exclusivity Periods.
* The terms of a chapter 11 plan depended on the outcome of
the sales process. The Debtors entered these Chapter 11 Cases
contemplating a sale transaction for the acquisition of certain
company-owned stores by the Buyer Group. The terms of this sale
transaction were not finalized as of the Petition Date, requiring
the Debtors to continue negotiations and documentation of the sale
during these Chapter 11 Cases.
* The Debtors are not seeking to extend exclusivity to
pressure creditors, and an extension of the exclusivity periods
will not prejudice creditors. The Debtors have not sought an
extension of exclusivity to pressure creditors or other parties in
interest. On the contrary, all creditor constituencies are
benefitted by providing the Debtors with sufficient time to
continue to negotiate the terms of a chapter 11 plan and determine
what transaction or combination of transactions will provide the
greatest value to their estates and the greatest recovery to their
creditors.
* The Debtors are paying their bills as they come due. The
Debtors have paid their undisputed postpetition debts in the
ordinary course of business or as otherwise provided by Court
order.
* Significant time has not elapsed in these Chapter 11 Cases.
This is the Debtors' first request for an extension of the
Exclusivity Periods and will result in a total extension of the
Exclusivity Periods of 60 days. As noted above, courts routinely
grant a Debtors' request for an initial exclusivity extension.
The Debtors' Co-Bankruptcy Counsel:
Holland N. O'Neil, Esq.
Stephen A. Jones, Esq.
Zachary C. Zahn, Esq.
FOLEY & LARDNER LLP
2021 McKinney Avenue, Suite 1600
Dallas, TX 75201
Tel: (214) 999-3000
Fax: (214) 999-4667
Email: honeil@foley.com
sajones@foley.com
zzahn@foley.com
The Debtors' General Bankruptcy Counsel:
Ryan Preston Dahl, Esq.
ROPES & GRAY LLP
1211 Avenue of the Americas
New York, New York 10036
Tel: (212) 596-9000
Fax: (212) 596-9090
ryan.dahl@ropesgray.com
- and -
Chris L. Dickerson, Esq.
Rahmon J. Brown, Esq.
Michael K. Wheat, Esq.
ROPES & GRAY LLP
191 North Wacker Drive, 32nd Floor
Chicago, Illinois 60606
Tel: (312) 845-1200
Fax: (312) 845-5500
Email: chris.dickerson@ropesgray.com
rahmon.brown@ropesgray.com
michael.wheat@ropesgray.com
About Hooters of America
Hooters of America, LLC, owner and operator of a restaurant chain
with hundreds of locations in the United States, and its affiliates
filed voluntary petitions for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80078) on March
31, 2025.
Founded in 1983, the Debtors own and operate Hooters, a renowned
brand in the casual dining and sports entertainment industries.
Their global portfolio includes 151 company-owned and operated
locations and 154 franchised locations across 17 countries. Known
for their world-famous chicken wings, beverages, live sports, and
legendary hospitality, the Debtors also partner with a major food
products licensor to offer Hooters-branded frozen meals at 1,250
grocery store locations.
The case is before the Hon. Scott W Everett.
The Debtors Co-Bankruptcy Counsel are Holland N. O'Neil, Esq.,
Stephen A. Jones, Esq., and Zachary C. Zahn, Esq., at FOLEY &
LARDNER LLP, in Dallas, Texas.
The Debtors' General Bankruptcy Counsel are Ryan Preston Dahl,
Esq., at ROPES & GRAY LLP, in New York, and Chris L. Dickerson,
Esq., Rahmon J. Brown, Esq., and Michael K. Wheat, Esq., at ROPES &
GRAY LLP, in Chicago, Illinois. The Debtors' Investment Banker is
SOLIC CAPITAL, LLC. The Debtors' Financial Advisor is ACCORDION
PARTNERS, LLC.
The Debtors' Notice, Claims, Solicitation & Balloting Agent is
KROLL RESTRUCTURING ADMINISTRATION LLC.
I-INSPIRE DANCE: Tamara Miles Ogier Named Subchapter V Trustee
--------------------------------------------------------------
The U.S. Trustee for Region 21 appointed Tamara Miles Ogier, Esq.,
at Ogier, Rothschild & Rosenfeld, PC as Subchapter V trustee for
I-Inspire Dance, Inc.
Ms. Ogier will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Ogier declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Tamara Miles Ogier, Esq.
Ogier, Rothschild & Rosenfeld, PC
P.O. Box 1547
Decatur, GA 30031
Phone: (404) 525-4000
About I-Inspire Dance
I-Inspire Dance Inc. filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-58261) on
July 24, 2025.
ICORECONNECT INC: Gets Extension to Access Cash Collateral
----------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division issued a second interim order authorizing
iCoreConnect Inc. and iCore Midco Inc. to use cash collateral
pending a further hearing on August 5.
The second interim order authorized the Debtors to use the cash
collateral of Element SaaS Finance (USA), LLC to fund operational
expenses in accordance with their budget.
As protection for any diminution in the value of its interest in
the cash collateral, Element will be granted a replacement lien on
all assets of the Debtors similar to its pre-bankruptcy collateral,
with the same validity and priority as existed as of the petition
date.
Other creditors with valid pre-bankruptcy liens, including PIGI
Solutions, LLC will also receive replacement liens.
As further protection, the Debtors were ordered to keep their
property insured as per existing lender agreements.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/VaI0i from PacerMonitor.com.
About Lake County Hospitality
Lake County Hospitality, LLC operates in the hotel and lodging
sector and is associated with properties in Illinois. It manages
hospitality assets and has been linked to hotels such as Four
Points by Sheraton in Buffalo Grove.
Lake County Hospitality sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08293) on May 30,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Timothy A. Barnes handles the case.
Amy Denton Mayer, Esq., at Stichter Riedel Blain & Postler, P.A. is
the Debtor's legal counsel.
Element SaaS Finance (USA), LLC, as secured creditor, is
represented by:
Ernest H. Kohlmyer, III, Esq.
Zimmerman, Kiser & Sutcliffe, P.A.
315 E Robinson Street, Suite 600
Orlando, FL 32802
Telephone: (407) 425-7010
Facsimile: (407) 425-2747
IMPRO SYNERGIES: Hires Mancuso Law P.A. as Counsel
--------------------------------------------------
Impro Synergies LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Florida to employ Mancuso Law, P.A. as
counsel.
The firm will render these services:
(a) give advice to the Debtor with respect to its powers and
duties as debtor-in-possession and the continued management of its
business operations;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the Court;
(c) prepare motions, pleadings, orders, applications,
adversary proceedings, and other legal documents necessary in the
administration of the case;
(d) protect the interests of Debtor in all matters pending
before the Court;
(e) represent Debtor in negotiation with its creditors in the
preparation of a plan.
The firm will be paid at the rate of $400 per hour, and a retainer
in the amount of $21,800.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Nathan G. Mancuso, Esq., a partner at Mancuso Law, P.A, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Nathan G. Mancuso, Esq.
Mancuso Law, P.A.
Boca Raton Corporate Centre
7777 Glades Rd., Suite 100
Boca Raton, FL 33434
Tel: (561) 245-4705
Fax: (561) 226-2575
Email: ngm@mancuso-law.com
About Impro Synergies LLC
Impro Synergies LLC, filed a Chapter 11 bankruptcy petition (Bankr.
S.D. Fla. Case No. 25-18274) on July 21, 2025. The Debtor hires
Mancuso Law, P.A. as counsel.
INDIAN CREEK: Seeks Chapter 11 Bankruptcy in Colorado
-----------------------------------------------------
On July 28, 2025, Indian Creek Express LLC filed Chapter 11
protection in the District of Colorado. 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 not be
available to unsecured creditors.
About Indian Creek Express LLC
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.
Indian Creek Express LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Col. Case No. 25-14707) on July 28,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Joseph G. Rosania Jr. handles the
case.
The Debtor is represented by Keri L. Riley, Esq. at KUTNER BRINEN
DICKEY RILEY.
INTERNATIONAL DIRECTIONAL: Cash Collateral Hearing Set for Today
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Florida,
Fort Lauderdale Division is set to hold a hearing today to consider
another extension of International Directional Drilling, Inc.'s
authority to use cash collateral.
International Directional Drilling was initially granted interim
approval to use cash collateral to pay its expenses pursuant to the
court's July 22 order.
The interim order granted Locality Bank, a Florida Banking
Corporation, replacement liens on all post-petition cash collateral
regardless of the nature of such cash collateral or the bank
account into which it is deposited.
The Debtor believes all of its assets, including cash collateral
are encumbered by the lien held by Locality Bank. The value of the
Debtor's assets is $2,399,972.76 as of the petition date, and the
bank's loan has an outstanding balance of $2,500,000.
Other entities that may have a lien on the cash collateral are
Lender Solutions, as a successor-in-interest to CHTD Company,
Corporation Services Company and CT Corporation System.
The Debtor believes that these lienholders are wholly unsecured as
all of its assets are encumbered by Locality Bank's lien. The
lienholders are not entitled to a post-petition lien as there is no
remaining collateral available to secure their loans.
About International Directional Drilling Inc.
International Directional Drilling Inc. is a company specializing
in directional drilling services that provides specialized drilling
services for oil and gas exploration, utility installation, or
other underground infrastructure projects where non-vertical well
drilling techniques are required.
International Directional Drilling Inc. sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-17606)
on July 2, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Scott M. Grossman handles the case.
The Debtors are represented by Chad T. Van Horn, Esq.
ION CORPORATE: S&P Affirms 'B' ICR, Outlook Stable
--------------------------------------------------
S&P Global Ratings affirmed all its ratings on financial technology
and risk management software provider ION Corporate Solutions
Finance Ltd. (ION Corporates), including its 'B' issuer credit
rating.
At the same time, S&P assigned its 'B' issue level rating to the
company's proposed repriced U.S. dollar denominated term loan due
2030. The recovery rating is '4.'
The stable outlook is based on ION Corporates' high recurring
revenues and client upsell strategy, which will support organic
growth of about 6% in 2025. S&P said, "In addition, we expect the
realization of expense savings will support an above-average S&P
Global Ratings-adjusted EBITDA margin of about 51%. We expect ION
Corporates will prioritize debt reduction and improve leverage
toward 7.5x over the next 12 months. The outlook also reflects our
expectation for free operating cash flow (FOCF) to debt of about
5%, which may be used to pay-down debt opportunistically."
ION Corporate's performance remains resilient and growth-oriented,
underpinned by a strong recurring revenue base and effective
upselling strategies. The company's annual contract value (ACV)
rose by 8% in the second quarter of 2025, driven by 10% growth from
new business and upsells. This was offset by about 5% churn (year
over year), which is in line with historical patterns and is
primarily among smaller clients. The company benefits from high
recurring revenues, contributing about 80% of total revenue, and
client retention consistently exceeding 95%, allowing the company
to increase spend within its existing client base rather than incur
high new customer acquisition costs. Since 2021, ACV has grown at
an 8% compound annual rate, reflecting good business execution and
steady demand for the company's software and data intelligence
offerings. S&P said, "While a portion of its revenues is exposed to
cyclical capital markets and trading activity, the core contracted
software base (about a three-year length, on average) offers a
stable and predictable stream. Despite macroeconomic uncertainties,
we expect software to be more resilient, reflecting organic revenue
of about 5%-6% in 2025. We expect this will be largely driven by
existing client upsells, which contributed to the 8% ACV growth in
the most recent quarter."
S&P said, "We expect profitability to continue strengthening
through operational leverage and targeted cost optimization,
supporting steady margin expansion. The company's S&P Global
Ratings-adjusted EBITDA margin is projected to improve to about
51.6% in 2025 and to approximately 52% in 2026. We expect these
gains will be driven by realized scale efficiencies and
restructuring benefits from headcount reductions and other
efficiencies already implemented. While we expect the company will
continually evaluate cost restructuring that may entail cash costs
to achieve, we believe management has a proven track record of
expanding EBITDA through expense reductions. We expect its
profitability to remain above average for software companies, as
business growth continues to be supported by upselling to the
existing client base."
S&P Global Ratings-adjusted leverage is elevated, but the company's
efforts in financial management and operational efficiency support
steady deleveraging. S&P expects adjusted leverage will improve to
approximately 7.8x by year-end 2025 and 7.4x by 2026 from about
8.2x in 2024. This positive trend is driven by sustained
profitability, margin expansion, and disciplined cash deployment.
However, leverage has risen over the past one to two years due to
debt issuance for group financings and acquisitions, a recent shift
toward greater siloed financing, and foreign exchange headwinds.
The company historically relied on intergroup transfers to meet
operating company financing needs and maintain financial
flexibility. Despite the debt increases in recent years, current
operating trends support deleveraging, underpinned by continued
earnings strength and cost synergies.
S&P said, "We expect S&P Global Ratings-adjusted FOCF to improve,
supporting the company's efforts to deleverage. Despite some
intra-year variability in collections, the company has demonstrated
good cash generation that we expect to continue. We expect FOCF of
about $140 million in 2025 (FOCF to debt of 4.6%) and to exceed
$150 million (FOCF to debt of 5.5%) annually starting in 2026,
supported by good EBITDA-to-cash conversion and the company's
upfront annual billing model. Additionally, we expect ION
Corporates' liquidity will remain adequate, with about $8 million
in cash on hand as of June 30, 2025, and $31 million of
availability under its $100 million revolving credit facility to
meet seasonal working capital needs. Management expects to repay
the revolver drawdown later this year to align with its billings
and collections cycle. Although the shift to more siloed financings
within the group and stand-alone liquidity management introduce
some complexity, we expect FOCF generation will be sufficient to
meet operational needs over the next 12 months.
"We assess management and governance as having a somewhat negative
effect on the company's credit quality. This is due to the
company's controlling private ownership. Historically, our view
into the ultimate parent entity's, ION Investment Corp. Sarl (IIC),
consolidated financial position and reporting outside the borrower
groups has been limited. Although the group reporting is private,
we have access to sufficient information to maintain our ratings on
the rated operating companies. We view ION Corporates' and ION
Group's credit profiles as closely linked. As such, changes in our
view of the overall group's credit profile will likely affect our
rating on ION Corporates.
"The stable outlook is based on ION Corporates' high recurring
revenue base and client upsell strategy, which will support organic
growth of about 5% in 2025. In addition to new business growth, we
expect the realization of expense savings will support an
above-average S&P Global Ratings-adjusted EBITDA margin of about
51%. We expect ION Corporates will prioritize debt reduction and
improve leverage toward 7.5x over the next 12 months. The outlook
also reflects our expectation for FOCF to debt of about 5% that may
be used for opportunistic debt reduction."
S&P could lower its rating on ION Corporates if:
-- S&P revised its group credit profile assessment on Ion
Investment Corp. to 'b' from 'b+', which could result from S&P
Global Ratings-adjusted debt to EBITDA remaining well above 7x
(excluding payment-in-kind debt) and FOCF to debt remaining well
below 5% on a sustained basis; and
-- S&P expects ION Corporates' leverage to remain above 7.5x and
FOCF to debt to decline to below 3% on a sustained basis.
S&P could raise its rating on ION Corporates if:
-- It reduces its leverage below 5x on a sustained basis while
generating FOCF to debt of greater than 10%; or
-- The credit quality of its parent group strengthens further,
including consolidated group leverage declining below 5x (excluding
PIK debt).
IQSTEL INC: Highlights Strategic Progress in Shareholder Letter
---------------------------------------------------------------
IQSTEL Inc. has released a shareholder letter reflecting on its
strategic and financial achievements during its first two months
trading on the NASDAQ. The letter outlines the company's
accelerating growth trajectory, successful execution of its
high-margin technology strategy, strengthened capital structure,
and enhanced institutional visibility.
In this letter, IQSTEL's CEO Leandro Jose Iglesias, shares key
business highlights, including surpassing a $400 million revenue
run rate earlier than projected, the launch of AI-powered platforms
like IQ2Call.ai, and the addition of $60–70 million in revenue
through the Globetopper acquisition. The company also emphasizes
its $2-per-share debt reduction, improving shareholder value and
positioning IQSTEL to achieve its long-term $1 billion revenue goal
by 2027.
A full-text copy of the Shareholder Letter issued in the Company's
press release dated July 21, 2025, is available at
https://tinyurl.com/3r75cvzm
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.
IYA FOODS: Court Extends Cash Collateral Access to Aug. 16
----------------------------------------------------------
Iya Foods Inc. received another extension from the U.S. Bankruptcy
Court for the Northern District of Illinois to use cash collateral
in which Village Bank and Trust, N.A. and the U.S. Small Business
Administration may claim an interest.
The eighth interim order extended the Debtor's authority to use
cash collateral from July 21 to August 16.
The Debtor must use cash collateral in accordance with its budget,
which projects total operational expenses of $136,550.54 for the
period from July 21 to August 17.
The next hearing is scheduled for August 13.
The Debtor believes that Village Bank and Trust and SBA are the
only creditors that may have an interest in its cash collateral.
Both assert interests in the Debtor's assets, which stemmed from
the loans they provided to the Debtor prior to the petition date.
As of the petition date, the Debtor owed approximately $2.9 million
to Village Bank and Trust.
About Iya Foods Inc.
Iya Foods Inc. is a company that specializes in producing and
offering African superfoods. Its products are plant-based,
gluten-free, non-GMO, kosher, and free from preservatives,
additives, or artificial ingredients. The company focuses on
creating nutritious and delicious ingredients that can be used in
a
variety of recipes, making them accessible to people with dietary
preferences or restrictions, such as those following vegan or
gluten-free diets.
Iya Foods filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
25-00341) on January 10, 2025, listing between $100,000 and
$500,000 in assets and between $1 million and $10 million in
liabilities.
Judge Deborah L. Thorne handles the case.
The Debtor is represented by Justin R. Storer, Esq., at the Law
Office of William J. Factor.
Village Bank and Trust, N.A., a secured creditor, is represented
by:
Andrew H. Eres, Esq.
Dickinson Wright PLLC
55 W. Monroe, Suite 1200
Chicago, IL 60603
Phone; 312-377-7891
Email: aeres@dickinson-wright.com
JAMANA LLC: Case Summary & Seven Unsecured Creditors
----------------------------------------------------
Debtor: Jamana, LLC
d/b/a Quality Inn Tillman's Corner
Quality Inn
5650 Tillman's Corner Parkway
Mobile, AL 36619
Business Description: Jamana, LLC, doing business as Quality Inn
Mobile West Tillman's Corner, operates a 58-
room franchised Quality Inn hotel in Mobile,
Alabama, offering lodging services and
amenities such as complimentary breakfast,
Wi-Fi and a seasonal outdoor pool.
Chapter 11 Petition Date: July 29, 2025
Court: United States Bankruptcy Court
Southern District of Alabama
Case No.: 25-11994
Judge: Hon. Jerry C. Oldshue
Debtor's Counsel: Kevin M. Ryan, Esq.
RYAN LEGAL SERVICES, INC.
P.O. Box 2161
9 Dauphin Street, Ste. 201
Mobile, AL 36652-2161
Tel: (251) 431-6012
E-mail: ryanlegalservices@gmail.com
Total Assets: $1,833,502
Total Liabilities: $2,697,503
The petition was signed by Urvashi Malot as manager or member.
A full-text copy of the petition, which includes a list of the
Debtor's seven unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/CPNAAKA/JAMANA_LLC_dba_Quality_Inn_Tillmans__alsbke-25-11994__0001.0.pdf?mcid=tGE4TAMA
JERK PIT: Seeks Court Approval to Hire Milbank LLP as Legal Counsel
-------------------------------------------------------------------
The Jerk Pit LLC seeks approval from the U.S. Bankruptcy Court for
the District of Columbia to hire Milbank LLP to serve as legal
counsel in its Chapter 11 case.
Milbank LLP will provide these services:
(a) advise the Debtor with respect to its rights, powers, and
duties as debtor in possession in operating its business and
managing its property;
(b) advise and consult on the administration of the Chapter 11
Case;
(c) appear before the Court and any appellate courts to
represent the interests of the Debtor's estate;
(d) draft all necessary pleadings including motions,
applications, answers, responses, orders, reports, and other
papers;
(e) represent the Debtor in connection with authority to use
cash collateral;
(f) advise the Debtor on executory contracts and unexpired
leases;
(g) defend actions against the Debtor, negotiate disputes, and
prepare objections to claims;
(h) attend meetings and negotiate with creditors and other
interested parties;
(i) prosecute avoidance proceedings;
(j) provide legal support for strategic transactions, employee
relations, and commercial matters; and
(k) perform all other legal services necessary in connection
with the administration of the estate.
Milbank LLP will provide these services on a pro bono basis, with
reimbursement sought only for reasonable out-of-pocket expenses in
accordance with the Bankruptcy Code and applicable court rules.
Milbank LLP is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Lisa Laukitis, Esq.
Benjamin M. Schak, Esq.
Avi Taub, Esq.
MILBANK LLP
55 Hudson Yards
New York, NY 10001
Telephone: (212) 530-5000
Email: LLaukitis@milbank.com
BSchak@milbank.com
ATaub@milbank.com
- and -
Erin Dexter, Esq.
MILBANK LLP
902 Woodmont Court
Mitchellville, MD 20721
Telephone: (301) 350-3722
Email: edexter@milbank.com
About The Jerk Pit
The Jerk Pit, LLC is a Caribbean restaurant business operating in
College Park, Maryland.
The Jerk Pit sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.C. Case No. 25-00201) on May 28,
2025. In its petition, the Debtor reported between $1 million and
$10 million in assets and liabilities.
Judge Elizabeth L. Gunn handles the case.
The Debtor is represented by:
John Gordon Colan, Jr., Esq.
Sinoberg Raft
Tel: (804) 513-1566
Email: john.colan@sinobergraft.com
JOSEPH G. BABA: Seeks Subchapter V Bankruptcy in Kansas
-------------------------------------------------------
On July 28, 2025, Joseph G. Baba, D.D.S. P.A. filed Chapter 11
protection in the District of Kansas. According to court filing,
the Debtor reports $2,580,530 in debt owed to 1 and 49 creditors.
The petition states funds will not be available to unsecured
creditors.
About Joseph G. Baba, D.D.S. P.A.
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.
Joseph G. Baba, D.D.S. P.A. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Kan. Case No.
25-10771) on July 28, 2025. In its petition, the Debtor reports
total assets of $277,330 and total liabilities of $2,580,530.
The Debtor is represented by January M Bailey, Esq. at PRELLE ERON
& BAILEY, P.A.
KALEIDOSCOPE SCHOOL: Hires Lyda Law Firm as Bankruptcy Counsel
--------------------------------------------------------------
Kaleidoscope School seeks approval from the U.S. Bankruptcy Court
for the Western District of Washington to hire Lyda Law Firm, LLC
as legal counsel.
The professional services that Lyda will render include:
a. assisting the Debtor in the investigation of the financial
affairs of the estate;
b. providing legal advice and assistance to the Debtor with
respect to matters relating to this case and creditor
distribution;
c. preparing all pleadings necessary for proceedings arising
under this case; and
d. performing all necessary legal services for the estate in
relation to this case.
Lyda will charge $350 per hour for services rendered. Lyda will
also seek reimbursement for costs and expenses incurred in relation
to representation of the estate.
As disclosed in the court filings, Lyda does not hold or represent
any interest adverse to the interests of the estate, and is a
disinterested person within the meaning of 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Clyde Shavers, Esq.
LYDA LAW FIRM, LLC
450 Alaskan Way South, Suite 200,
Seattle, WA 98104
Telephone: (425) 394-6765
E-mail: clyde@lydagroup.com
About Kaleidoscope School
Kaleidoscope School sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-11658-TWD) on June
16, 2025. In the petition signed by Mary-Pat Soukup, director, the
Debtor disclosed up to $50,000 in assets and up to $1 million in
liabilities.
Judge Timothy W. Dore oversees the case.
Clyde Shavers, Esq., at Lyda Law Firm, represents the Debtor as
legal counsel.
KRBJ INVESTMENTS: Behrooz Vida Named Subchapter V Trustee
---------------------------------------------------------
The U.S. Trustee for Region 6 appointed Behrooz Vida, Esq., at the
Vida Law Firm, PLLC as Subchapter V trustee for KRBJ Investments,
LLC.
Mr. Vida will be paid an hourly fee of $495 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Vida declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Behrooz P. Vida, Esq.
The Vida Law Firm, PLLC
3000 Central Drive
Bedford, TX 76021
Telephone: (817) 358-9977
Facsimile: (817) 358-9988
behrooz@vidalawfirm.com
About KRBJ Investments LLC
KRBJ Investments LLC, doing business as Ken's Equipment, provides
equipment rentals and custom hose services in Texas.
KRBJ Investments sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Texas Case No. 25-70193) on
July 18, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $500,000 and $1 million.
The Debtor is represented by Travis Yandell, Esq. at Yandell Firm
Inc.
LBM ACQUISITION: S&P Assigns 'B-' Rating on Proposed Secured Debt
-----------------------------------------------------------------
S&P Global Ratings assigned its 'B-' issue-level (recovery rating:
'4') to LBM Acquisition LLC's proposed secured debt. The proposed
$1.45 billion issuance includes a first-lien term loan B and senior
secured notes both due 2031. The '4' recovery rating indicates its
expectation for average (30%-50%; rounded estimate: 35%) recovery
in the event of a payment default. S&P's 'B-' rating on LBM and
stable outlook, as well as the existing issue-level and recovery
ratings, remain unchanged.
The company, a specialty and wood products distributor based in
Illinois, intends to use the proceeds to repay existing debt and
associated fees. This includes $1.1 billion of existing term loan B
debt due 2027 and close to $300 million of HoldCo payment-in-kind
(PIK) toggle notes also due 2027. Pro forma for the transaction and
amid softer business and pricing conditions, S&P expects S&P Global
Ratings-adjusted debt to EBITDA will remain 6x-7x over the next
12-24 months. Nonetheless, this transaction does improve the
company's maturity profile.
LIGHT OF HOPE: Aleida Martinez Molina Named Subchapter V Trustee
----------------------------------------------------------------
The U.S. Trustee for Region 21 appointed Aleida Martinez Molina,
Esq., as Subchapter V trustee for Light of Hope Behavior Therapy
Inc.
Ms. Molina will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Molina declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Aleida Martinez Molina, Esq.
2121 NW 2nd Avenue, Suite 201
Miami, FL 33127
Telephone: (305) 297-1878
Email: Martinez@subv-trustee.com
About Light of Hope Behavior Therapy
Light of Hope Behavior Therapy Inc., doing business as Light of
Hope Medical Center, filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18397) on
July 23, 2025, with up to $50,000 in assets and liabilities.
Judge Robert A. Mark presides over the case.
Jacqueline Calderin, Esq., represents the Debtor as legal counsel.
LINQTO TEXAS: Deaton Law Represents Multiple Creditors
------------------------------------------------------
The law firm of Deaton Law Firm, LLC, filed a verified statement
pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure
to disclose that in the Chapter 11 cases of Linqto Texas, LLC and
its affiliates, the firm represents multiple creditors.
The creditors have engaged Counsel for the purpose of collectively
asserting and protecting their respective interests in this Chapter
1 case. This group was informally organized on or about July 24,
2025 and does not constitute an official committee appointed
pursuant to Section 1102 of the Bankruptcy Code.
Counsel has been retained by each creditor individually, though the
creditors have agreed to coordinate their interests in these
proceedings. Counsel is not being compensated for this
representation.
The law firm can be reached at:
Deaton Law Firm, LLC
John E. Deaton, Esq.
450 N Broadway
East Providence, RI 02914
401 351 6400
Email: all-deaton@deatonlawfirm.com
About Linqto Inc.
Linqto Inc. is a San Jose-based financial technology company
operating in the alternative investment space.
Linqto Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90187) on July 7, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $500 million and $1 billion.
Judge Alfredo R. Perez oversees the case.
The Debtor is represented by Gabrielle A. Hamm, Esq. at Schwartz,
PLLC. Breakpoint Partners LLC is the Debtor's restructuring
advisor. Epiq Corporate Restructuring, LLC is the Debtor's claims
agent. ThroughCo Communications, LLC is the Debtor's public
relations agent.
Sandton Capital Solutions Master Fund VI, LP, as DIP Lender, may be
reached through:
Robert Rice
Sandton Capital Partners
16 West 46th Street, 11th Floor
New York, NY 10036
Direct: 310.600.3980
Office: 212.444.7200
Sandton is represented by its attorneys:
Kristen L. Perry, Esq.
Faegre Drinker Biddle & Reath, LLP
2323 Ross Avenue, Suite 1700
Dallas, TX 75201
Tel: (469) 357-2500
Fax: (469) 327-0860
Email: kristen.perry@faegredrinker.com
-- and --
Richard J. Bernard, Esq.
Faegre Drinker Biddle & Reath, LLP
1177 Avenue of the Americas, 41st Floor
New York, NY 10036
Tel: (212) 248-3263
Fax: (212) 248-3141
Email: richard.bernard@faegredrinker.com
-- and --
Michael R. Stewart, Esq.
Adam C. Ballinger, Esq.
Faegre Drinker Biddle & Reath, LLP
2200 Wells Fargo Center
90 South 7th Street
Minneapolis, MN 55402
Telephone: (612) 766-7000
Facsimile: (612) 766-1600
Email: michael.stewart@faegredrinker.com
adam.ballinger@faegredrinker.com
LML LOGISTICS: Unsecured Creditors to Split $46K over 3 Years
-------------------------------------------------------------
LML Logistics LLC filed with the U.S. Bankruptcy Court for the
Middle District of Florida a Plan of Reorganization dated July 24,
2025.
The Debtor is a Florida limited liability company created by
Articles of Organization filed with the Florida Secretary of State
on or around July 27, 2012, with an effective date of August 1,
2012. The Debtor historically operated as a trucking transportation
company.
Although operations have ceased due to health issues affecting a
principal of the Debtor, the Debtor intends to resume business
activities once the principal's health improves. Additionally, the
Debtor owns and manages 25 Appy Acres, North Berwick, Maine, which
served as an operations hub for its trucking business. The Debtor's
principal place of business is located at 411 NW 106th Avenue,
Ocala, FL 34482 ("Premises"), which the Debtor's principal owns (an
insider).
The Debtor's projected Disposable Income over the life of the Plan
is $45,739.93.
This Plan provides for: 5 classes of secured claims; 1 class of
unsecured claims; and 1 class of equity security holders.
Class 6 consists of the Allowed Unsecured Claims against the
Debtor. This Class is Impaired.
* Consensual Plan Treatment: The liquidation value or amount
that unsecured creditors would receive in a hypothetical chapter 7
case is $45,739.93. Accordingly, the Debtor proposes to pay
unsecured creditors a pro rata portion of $46,000.00. The
Reorganized Debtor shall pay said amount in equal quarterly
payments of $3,833.33 and shall be disbursed pro rata to the
holders of Allowed General Unsecured Claims. Payments shall
commence on the fifteenth day of the month, on the first month that
begins more than fourteen days after the Effective Date and shall
continue quarterly for 11 additional quarters. Pursuant to Section
1191 of the Bankruptcy Code, the value to be distributed to
unsecured creditors is greater than the Debtor's projected
disposable income to be received in the 3-year period beginning on
the date that the first payment is due under the plan.
* Nonconsensual Plan Treatment: The liquidation value or
amount that unsecured creditors would receive in a hypothetical
chapter 7 case is approximately $45,739.93. Accordingly, the Debtor
proposes to pay unsecured creditors a pro rata portion of its
projected Disposable Income, $45,739.93. If the Debtor remains in
possession, plan payments shall include the Subchapter V Trustee's
administrative fee which will be billed hourly at the Subchapter V
Trustee's then current allowable blended rate. Plan Payments shall
commence on the first month following the Effective Date, and shall
continue quarterly for eleven additional quarters. The Reorganized
Debtor shall pay said amount in equal quarterly payments of
$3,811.66 and shall be disbursed pro rata to the holders of Allowed
General Unsecured Claims. Payments shall commence on the fifteenth
day of the month, on the first month that begins more than fourteen
days after the Effective Date and shall continue quarterly for 11
additional quarters.
Class 7 consists of any and all membership interests and warrants
currently issued or authorized in the Debtor. This Class is
Unimpaired. Holders of Class 7 interests shall retain their full
equity interest in the same amounts, percentages, manner and
structure as existed on the Petition Date.
The Plan contemplates that the Reorganized Debtor will continue to
operate the Debtor's business.
Except as explicitly set forth in this Plan, all cash in excess of
operating expenses generated from operation until the Effective
Date will be used for Plan Payments or Plan implementation, cash on
hand as of Confirmation shall be available for Administrative
Expenses.
A full-text copy of the Plan of Reorganization dated July 24, 2025
is available at https://tinyurl.com/zubf3rcx from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Jeffrey S. Ainsworth, Esq.
Jacob D. Flentke, Esq.
Flentke Legal Consulting, PLLC, Of Counsel
BransonLaw, PLLC
1501 E. Concord St.
Orlando, FL 32803
Telephone: (407) 894-6834
Facsimile: (407) 894-8559
E-mail: jeff@bransonlaw.com
jacob@bransonlaw.com
jacob@flentkelegal.com
About LML logistics LLC
LML logistics LLC, also known as Littlefield Family Trucking, is a
transportation and logistics company based in Ocala, Florida,
specializing in freight management, offering warehousing,
distribution, and freight forwarding services.
LML logistics LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01314) on
April 25, 2025. In its petition, the Debtor reports total assets
of $477,655 and total liabilities of $1,104,342.
Bankruptcy Judge Jacob A. Brown handles the case.
The Debtor is represented by Jeffrey S. Ainsworth, Esq., at
BRANSONLAW, PLLC.
LONGWOOD UNIVERSITY: S&P Lowers Long-Term Bonds Rating to 'BB+'
---------------------------------------------------------------
S&P Global Ratings lowered its long-term rating to 'BB+' from
'BBB-' on Farmville Town Industry Development Authority, Va.'s
educational facilities revenue and refunding bonds (various series;
Longwood University Student Housing Projects), issued for Longwood
Housing Foundation LLC (LHF), whose sole member, Longwood
University Real Estate Foundation (LUREF), is an affiliate of
Longwood University (LU).
The downgrade reflects S&P's view of the enrollment declines and
financial pressure at LU, which may limit the university's capacity
to provide support to the student housing projects.
The downgrade also reflects declines of LHF's resources given
utilization of the rent stabilization fund in fiscal 2024, with
relatively limited other resources available for the housing
projects, particularly given the projects' already high debt.
The outlook is stable.
S&P said, "We analyzed LHF's environmental, social, and governance
credit factors pertaining to its demand, management and governance,
and financial performance. We view LHF's environmental, social, and
governance factors as neutral in our credit rating analysis."
The stable outlook reflects S&P Global Ratings' expectation of
continued occupancy at levels not requiring university support
given relatively stable university enrollment within the one-year
outlook period, DSC maintained above 1.2x in the near term, and
ongoing connectivity between the projects and the university.
S&P said, "We could revise the outlook to negative or lower the
rating if project occupancy were to wane, if DSC were to decrease
to near or less than 1.2x, or if LU's enrollment declined further
to the extent that demand for on-campus housing materially
weakened.
"We could revise the outlook to positive or raise the rating if the
projects maintain occupancy at or near 100%, DSC remains solidly
above the 1.2x covenant without the need for university support,
and the university recognizes sustained improved enrollment. We
would also view significant growth in LHF's reserves positively."
LOOP MEDIA: Faces $361,800 Demand From CCC Under License Deal
-------------------------------------------------------------
Loop Media, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that the Company received a
formal and final demand for payment from Cara Communications
Corporation declaring the full amount owed to it under that certain
Fee-Based License Agreement by and between the Company and CCC,
dated January 20, 2023, as amended, immediately due and payable.
The amount owed to CCC under the License Agreement is $361,800.
About Loop Media
Headquartered in Burbank, Calif., Loop Media, Inc., a Nevada
corporation, is a multichannel digital video platform media company
that uses marketing technology, or "MarTech," to generate its
revenue and offer its services. The Company's technology and vast
library of videos and licensed content enable it to curate and
distribute short-form videos to connected televisions ("CTV") in
out-of-home ("OOH") dining, hospitality and retail establishments,
convenience stores and other locations and venues to enable the
operators of those locations to inform, entertain and engage their
customers. The Company's technology also provides businesses the
ability to promote and advertise their products via digital signage
and provides third-party advertisers with a targeted marketing and
promotional tool for their products and services.
Costa Mesa, California-based Marcum LLP, the Company's auditor
since 2020, issued a "going concern" qualification in its report
dated Dec. 12, 2024, citing that the Company has incurred recurring
losses resulting in an accumulated deficit, had negative cash flows
used in operations, 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.
MARI ARI: Chris Quinn Named Subchapter V Trustee
------------------------------------------------
The U.S. Trustee for Region 7 appointed Chris Quinn as Subchapter V
trustee for Mari Ari International, Inc.
Mr. Quinn will be paid an hourly fee of $425 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Quinn declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Chris Quinn
26414 Cottage Cypress Lane
Cypress, TX 77433
Phone: 713-498-8500
Email: chris.quinn2021@outlook.com
About Mari Ari International Inc.
Mari Ari International, Inc. doing business as Mari Ari Hair, sells
human hair extensions, wigs, and related accessories. The company
operates a retail boutique in Houston, Texas, offering products and
styling services to individual and professional clients. Its
product line features both synthetic and human hair options with
various styles, colors, and types.
Mari Ari International filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-34029) on July 16, 2025, listing up to $1 million in assets and
up to $10 million in liabilities. Sean Lee, authorized
representative of Mari Ari International, signed the petition.
Judge Eduardo V. Rodriguez oversees the case.
Reese Baker, Esq., at Baker & Associates, represents the Debtor as
legal counsel.
MARIN SOFTWARE: Faces Nasdaq Delisting on July 31
-------------------------------------------------
The Nasdaq Stock Market LLC (the Exchange) disclosed in a 25-NSE
filed with the U.S. Securities and Exchange Commission that it has
determined to remove from listing the common stock of Marin
Software Incorporated effective at the opening of the trading
session on July 31, 2025.
Based on review of information provided by the Company, Nasdaq
Staff determined that the Company no longer qualified for listing
on the Exchange pursuant to Listing Rule 5250(c)(1).
The Company was notified of the Staff determination on June 17,
2025. The Company did not file an appeal. The Company common stock
was suspended on June 26, 2025.
The Staff determination to delist the Company common stock became
final on June 26, 2025.
About Marin Software Incorporated
Marin Software Incorporated provides a software-as-a-service
platform for managing digital advertising across search, social,
and eCommerce channels. Its platform offers analytics, workflow,
and optimization tools designed to help performance marketers and
agencies improve returns on advertising spend.
Marin Software Incorporated sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11263) on July 1,
2025. In its petition, the Debtor reported total assets of
$5,656,853 and total debts of $2,767,237.
Judge Laurie Selber Silverstein oversees the cases.
The Debtor tapped James E. O'Neill, Esq., at Pachulski Stang Ziehl
& Jones, LLP as bankruptcy counsel; Fenwick & West, LLP as
corporate counsel; and Armanino Advisory, LLC as financial advisor.
Donlin, Recano & Company, Inc. is the Debtor's claims, noticing and
solicitation agent and administrative advisor.
YYYYY, LLC, as lender is represented by:
Mark E. Felger, Esq.
Marla S. Benedek, Esq.
Cozen O'Connor
1201 N. Market Street, Suite 1001
Wilmington, DE 19801
Telephone: (302) 295-2024
Facsimile: (302) 250-4498
mfelger@cozen.com mbenedek@cozen.com
MAVENIR SYSTEMS: Finalizes Recapitalization, Cuts Debt by $1.3B
---------------------------------------------------------------
Guillermo Molero of Bloomberg Law reports that Mavenir Systems has
finalized a broad recapitalization deal with Siris, eliminating
more than $1.3 billion in outstanding debt.
The company also secured $300 million in new senior financing,
supplemented by a smaller subordinated facility provided by Siris
and participating lenders.
Siris will continue to serve as Mavenir's majority owner, the
report states.
About Mavenir Systems, Inc.
Mavenir Systems, Inc. is an American telecommunications software
company, created in 2017 as a result of a three-way merger of
existing companies and technologies, that develops and supplies
cloud-native software to the communications service provider
market.
MEYER BURGER: Baker McKenzie & Morris Nichols Advise Ad Hoc Group
-----------------------------------------------------------------
In the Chapter 11 cases of Meyer Burger (Holding) Corp. and its
debtor affiliates, the Ad Hoc Group filed a verified statement
pursuant to Rule 2019 of the Federal Rules of Bankruptcy
Procedure.
In December 2025, certain prepetition lenders (the "Ad Hoc Group"
and the members thereof, the "Ad Hoc Group Members") who are
parties to that certain Bridge Credit Agreement, dated as of
December 5, 2024 (as amended, supplemented, or otherwise modified
from time to time, the "Bridge Credit Agreement"), formally engaged
Baker & McKenzie LLP, retroactively to September 27, 2024, to
represent the Ad Hoc Group in connection with the Bridge Credit
Agreement and other matters related to a potential restructuring or
recapitalization of the debtors and their European affiliates.
The Ad Hoc Group Members also are the lenders under that certain
Debtor in Possession Credit Agreement, dated as of June 30, 2025,
with the Debtors (the "DIP Credit Agreement"). As all the Ad Hoc
Group Members are the lenders under the DIP Credit Agreement, and
no other entity is a lender thereunder, references to the Ad Hoc
Group Members or the Ad Hoc Group herein also include the Ad Hoc
Group Members in their capacity as DIP Lenders. As of the date of
this Verified Statement, Baker McKenzie and Morris, Nichols, Arsht
& Tunnell LLP ("Morris Nichols" and together with Baker McKenzie,
"Counsel") represent the Ad Hoc Group.
Counsel does not represent or purport to represent any entities
other than the Ad Hoc Group in connection with the Debtors' Chapter
11 Cases. In addition, the Ad Hoc Group Members do not,
individually, or collectively, represent or purport to represent
any other entities in connection with the Debtors' Chapter 11
Cases.
Each of the Ad Hoc Group Members holds claims against the Debtors
arising from the Bridge Credit Agreement and the DIP Credit
Agreement, and the other disclosable economic interests set forth
herein.
Counsel does not own, nor has it ever owned, any claims against the
Debtors except for claims for services rendered to the Ad Hoc
Group. Counsel will seek to have its fees and disbursements
incurred on behalf of the Ad Hoc Group paid by the Debtors' estates
pursuant to the terms of the DIP Credit Agreement, the Interim
Order, the Final Order, and as otherwise ordered or permitted in
the Debtors' Chapter 11 Cases. Counsel does not perceive any actual
or potential conflict of interest with respect to the
representation of the Ad Hoc Group in the Debtors' Chapter 11
Cases.
The names and addresses of each of the members of the Ad Hoc Group,
together with the nature and amount of the disclosable economic
interests held by each of them in relation to the Debtors are as
follows:
1. Whitebox Relative Value Partners, LP
3033 Excelsior Boulevard, Suite 500
Minneapolis, MN 55416 USA
Attention: Milan Lazovic / Scott Specken
E-mail: mlazovic@whiteboxadvisors.co.uk /
sspecken@whiteboxadvisors.com
* Aggregate amount committed under the Bridge Credit Agreement:
$8,009,234.66
* Aggregate amount committed under the DIP Facility:
$828,660.47
2. Whitebox GT Fund, LP
3033 Excelsior Boulevard, Suite 500
Minneapolis, MN 55416 USA
Attention: Milan Lazovic / Scott Specken
E-mail: mlazovic@whiteboxadvisors.co.uk /
sspecken@whiteboxadvisors.com
* Aggregate amount committed under the Bridge Credit Agreement:
$393,896.39
* Aggregate amount committed under the DIP Facility: $40,753.75
3. Whitebox MultiStrategy Partners, LP
3033 Excelsior Boulevard, Suite 500
Minneapolis, MN 55416 USA
Attention: Milan Lazovic / Scott Specken
E-mail: mlazovic@whiteboxadvisors.co.uk /
sspecken@whiteboxadvisors.com
* Aggregate amount committed under the Bridge Credit Agreement:
$4,289,098.50
* Aggregate amount committed under the DIP Facility:
$443,763.54
4. Pandora Select Partners, LP
3033 Excelsior Boulevard, Suite 500
Minneapolis, MN 55416 USA
Attention: Milan Lazovic / Scott Specken
E-mail: mlazovic@whiteboxadvisors.co.uk /
sspecken@whiteboxadvisors.com
* Aggregate amount committed under the Bridge Credit Agreement:
$393,896.39
* Aggregate amount committed under the DIP Facility:
$40,753.75
5. Highbridge Tactical Credit Master Fund, L.P.
c/o Highbridge Capital Management, LLC
277 Park Ave, 23rd Floor
New York, NY 10172
Attention: Julie Parker / Steve Ardovini
E-mail: mo-us@highbridge.com / tcfeuro@highbridge.com
* Aggregate amount committed under the Bridge Credit Agreement:
$15,843,404.26
* Aggregate amount committed under the DIP Facility:
$1,639,208.15
6. Highbridge Tactical Credit Institutional Fund, Ltd.
c/o Highbridge Capital Management, LLC
277 Park Ave, 23rd Floor
New York, NY 10172
Attention: Julie Parker / Steve Ardovini
E-mail: mo-us@highbridge.com / tcfeuro@highbridge.com
* Aggregate amount committed under the Bridge Credit Agreement:
$3,545,071.09
* Aggregate amount committed under the DIP Facility:
$366,784.14
7. 1992 Master Fund Co-Invest SPC - Series 4 Segregated Portfolio
c/o Highbridge Capital Management, LLC
277 Park Ave, 23rd Floor
New York, NY 10172
Attention: Julie Parker / Steve Ardovini
E-mail: mo-us@highbridge.com / tcfeuro@highbridge.com
* Aggregate amount committed under the Bridge Credit Agreement:
$831,559.94
* Aggregate amount committed under the DIP Facility: $86,035.79
8. LMR MultiStrategy Master Fund Limited
9th Floor, Devonshire House, 1 Mayfair Place,
London W1J 8AJ
Attention: Charlie McCormick
E-mail: Ops@lmrpartners.com
* Aggregate amount committed under the Bridge Credit Agreement:
$6,346,114.78
* Aggregate amount committed under the DIP Facility:
$656,588.88
9. LMR CCSA Master Fund Limited
9th Floor, Devonshire House, 1 Mayfair Place
London W1J 8AJ
Attention: Charlie McCormick
E-mail: Ops@lmrpartners.com
* Aggregate amount committed under the Bridge Credit Agreement:
$6,302,348.51
* Aggregate amount committed under the DIP Facility:
$652,060.69
10. LMR MALT Fund Limited
9th Floor, Devonshire House, 1 Mayfair Place,
London W1J 8AJ
Attention: Charlie McCormick
E-mail: Ops@lmrpartners.com
* Aggregate amount committed under the Bridge Credit Agreement:
$1,531,821.08
* Aggregate amount committed under the DIP Facility:
$158,487.00
11. Walleye Opportunities Master Fund Limited
315 Park Ave S, 18th Floor
New York, NY 10010
Attention: Legal Department
E-mail: legal@walleyecapital.com
* Aggregate amount committed under the Bridge Credit Agreement:
$10,722,745.81
* Aggregate amount committed under the DIP Facility:
$1,109,408.82
12. D.E. Shaw Valence Investments (Cayman) Limited
55 Baker street, W1U 8EW, London, UK
Attention: Edward Richardson
E-mail: edward.richardson@deshaw.com /
legal-notices@world.deshaw.com / deshaw-gcas-fin-
ops@arcesium.com
* Aggregate amount committed under the Bridge Credit Agreement:
$22,583,415.43
* Aggregate amount committed under the DIP Facility:
$2,336,550.79
13. System 2 Master Fund Limited
c/o System 2 Capital LLP
5-10 Bolton Street W1J 8BA London
Attention: Max Veneziani & Dan Brewer
E-mail: operations@system2capital.com /
dan.brewer@system2capital.com
* Aggregate amount committed under the Bridge Credit Agreement:
$8,271,832.26
* Aggregate amount committed under the DIP Facility:
$855,829.63
The law firm can be reached at:
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
Curtis S. Miller, Esq.
Jonathan M. Weyand, Esq.
1201 North Market Street
P.O. Box 1347
Wilmington, DE 19899
Phone: (302) 351-9412
Email: cmiller@morrisnichols.com
jweyand@morrisnichols.com
-and-
BAKER & MCKENZIE LLP
Debra A. Dandeneau, Esq.
John R. Dodd, Esq.
452 Fifth Avenue
New York, NY 10018
Phone: (212) 626-4875
Email: debra.dandeneau@bakermckenzie.com
john.dod@bakermckenzie.com
About Meyer Burger (Holding) Corp.
Meyer Burger (Holding) Corp. sought protection under Chapter 11 of
the Bankruptcy Code (Bankr. D. Del. Case No. 25-11217) on June 25,
2025.
At the time of the filing, Debtor had estimated assets of between
$100 million to $500 million and liabilities of between $500
million to $1 billion.
Judge Craig T. Goldblatt oversees the case.
Richards, Layton & Finger, P.A., is the Debtor's legal counsel.
MISS BRENDA: Updates Unsecureds & Trident Claim Pay Details
-----------------------------------------------------------
Miss Brenda, LLC and Sea West, Inc., submitted a Joint First
Amended Plan of Reorganization dated July 24, 2025.
This Plan provides for unclassified administrative claims, one
class of secured claims, one class of unsecured claims, and one
class of equity security holders.
Class 1 consists of the Trident Seafoods Corporation Claim. The
Trident Claim will be paid from the regular fishing operations of
Sea West, Inc. and the sale of any Trident collateral. Payments
will be made in the amount of $25,000.00 twice a year until paid in
full. Payments will be made on October 15 and April 15, beginning
on October 15, 2025 and continuing each year until paid in full.
Interest will accrue at the rate of 9.5% beginning with the
Effective Date.
Class 2 consists of General Unsecured claims. Class 2 claims
consist of the following: Bush Kornfeld, LLP - $32,061.27 (Sea
West, Inc.); and Bush Kornfeld, LLP - $45,546.30 (Miss Brenda,
LLC).
Class 2 claims will be paid pro rata with administrative fees owed
to Neeleman Law Group, P.C. Payments will be made in the amount of
$25,000.00 on October 15 and April 15 each year of the plan after
payment in full of the Trident Claim. Payments to Class 2 claims
will be applied first to any claims owed by Sea West, Inc. and then
claims owed by Miss Brenda, LLC.
In the event of the sale of the Permit/LLP owned by Miss Brenda,
LLC, after payment in full of the Trident Claim, proceeds from the
sale of the Permit/LLP will be paid on a prorata basis to Class 2
claims and the administrative claim of Neeleman Law Group, P.C.
In the event of the sale the of the Permit/LLP owned by Miss
Brenda, LLC prior to payment in full of the Trident Claim, proceeds
from the sale of the Permit/LLP will be paid toward the balance of
the Trident Claim and for avoidance of doubt, shall reduce such
balance and not be credited against semi-annual payments described
in Class 1.
If at any time during the Plan term and after payment in full to
Class 1, the Debtor elects to sell the Northern Dawn, Class 2
claims and the administrative claim of Neeleman Law Group, P.C.
will be paid in full from proceeds derived from the sale. Trident
shall retain its secured rights in the Northern Dawn and shall be
entitled to any proceeds therefrom to the extent of the balance of
the Trident Claim, in the event of a sale prior to payment in full
of the Trident Claim.
The Plan will be funded with revenue from the Debtor, Sea West,
Inc.'s, fishing operation. The projections are supported by the
accompanying declaration of Jack Bernsten. It is anticipated the
Debtor's income and expenses will remain relatively constant moving
forward.
In addition to payments from regular income, the Debtor, Miss
Brenda, LLC, holds a Federal Fisheries Permit/LLP, #LLG1277
("Permit"). Debtor intends to sell the Permit and has actively
listed it with Dock Street Brokers, an independent third-party
brokerage. Debtor's Permit is 1 of 5 permits issued with the
combination of endorsements. It has an estimated value of
$75,000.00. It is difficult to ascertain when, or if, the Permit
will sell as the buyer would be one looking for such combination of
endorsements.
If the Permit sells during the life of the Plan, prior to payment
in full of the Trident Claim, the proceeds will be credited against
the outstanding balance, and not towards the semi-annual payments
due in Class 1. If the Permit sells after the Trident Claim is
satisfied in full, the proceeds will be used to pay Class 2 claims
and the administrative claim of Neeleman Law Group, P.C. on a
prorated basis.
A full-text copy of the First Amended Plan dated July 24, 2025 is
available at https://tinyurl.com/fcvpyfde from PacerMonitor.com at
no charge.
About Miss Brenda LLC
Miss Brenda, LLC is a commercial fishing business located in Sand
Point, Alaska, focusing on the use of fishing nets, crab and cod
traps, and various other equipment to catch marine species.
Miss Brenda sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Alaska Case No. 25-00036) on March 19, 2025. In its
petition, the Debtor reported total assets of $1,572,000 and total
Liabilities of $842,546.
The Debtor is represented by:
Jennifer L. Neeleman, Esq.
NEELEMAN LAW GROUP, P.C.
1403 8th Street
Marysville, WA 98270
Tel: (425) 212-4800
Fax: (425) 212-4802
Email: courtmail@expresslaw.com
MLB DESIGNS: Seeks Subchapter V Bankruptcy in California
--------------------------------------------------------
On July 28, 2025, M.L.B. Designs Inc. filed Chapter 11
protection in the Central District of California. According to
court filing, the Debtor reports between $1 million and $10
million in debt owed to 200 and 999 creditors. The petition states
funds will be available to unsecured creditors.
About M.L.B. Designs Inc.
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.
M.L.B. Designs Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-15143) on
July 28, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Scott H. Yun handles the case.
The Debtor is represented by David B. Zolkin, Esq. at WEINTRAUB,
ZOLKIN TALERICO & SELTH LLP.
MODIVCARE INC: Allspring Marks $272,000 Loan at 25% Off
-------------------------------------------------------
Allspring Multi-Sector Income Fund has marked its $272,976 loan
extended to Modivcare, Inc. to market at $205,840 or 75% 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 Modivcare,
Inc. The loan accrues interest at a rate of 11.71% per annum. The
loan matures on January 9, 2026.
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 Modivcare, Inc.
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.
MODIVCARE INC: Allspring Multi-Sector Marks $1.5M Loan at 33% Off
-----------------------------------------------------------------
Allspring Multi-Sector Income Fund has marked its $1,576,010 loan
extended to Modivcare, Inc. to market at $1,057,897 or 67% 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 Modivcare,
Inc. The loan accrues interest at a rate of 9.05% per annum. The
loan matures on July 1, 2031.
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 Modivcare, Inc.
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.
MODIVCARE INC: Explores Debt Restructuring Options
--------------------------------------------------
Eliza Ronalds-Hannon and Jill R. Shah of Bloomberg News report that
ModivCare Inc., a medical transportation firm, is in discussions
with lenders about a possible debt restructuring as a loan maturity
looms and federal healthcare funding cuts pressure its long-term
outlook, according to people familiar with the matter.
The company is also evaluating asset sales and other strategic
moves, with a potential Chapter 11 bankruptcy filing among the
options being considered, the sources said, requesting anonymity
due to the private nature of the talks.
ModivCare's debt totals around $1.4 billion, including a revolving
credit facility set to mature in 2028, Bloomberg data shows.
About ModivCare Inc.
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.
NANOVIBRONIX INC: Announces Initial Closing of Private Placement
----------------------------------------------------------------
NanoVibronix, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that it entered into a
Securities Purchase Agreement with a certain institutional
investor, pursuant to which it agreed to sell to the Investors:
(i) an aggregate of 8,889 shares of the Company's
newly-designated Series H Convertible Preferred Stock, with a par
value of $0.001 per share and a stated value of $1,000 per share,
initially convertible into up to 8,800,990 shares of the Company's
common stock, par value $0.001 per share at an initial conversion
price of $1.01 per share and
(ii) warrants to acquire up to an aggregate of 4,678,363 shares
of Common Stock at an exercise price of $2.25.
Pursuant to the terms of the Purchase Agreement, the Company has
also agreed to issue 2,222 shares of Preferred Stock with a total
stated value of $2,222,222 in a second closing, subject to the
satisfaction of customary closing conditions. Additionally,
pursuant to the terms of the Purchase Agreement, the Company has
agreed that during the period ending 36 months from the effective
date of the registration statement registering the resale of the
shares of Common Stock underlying the Preferred Stock and the
Warrants, the Investor shall have the right, but no obligation,
upon notice to the Company from time to time, to purchase up to an
aggregate of $44,000,000 stated value (representing 44,000 shares
of Preferred Stock and $39,600,000 of subscription amount) of
additional Preferred Stock, which shall have identical terms to the
Preferred Stock issued at the Initial Closing, except that the
initial conversion price of such additional shares of Preferred
Stock shall be equal to 85% of the arithmetic average of the three
(3) lowest VWAPs during the ten trading days prior to the date of
such investor's exercise of such right.
The Initial Closing of the Private Placement occurred on July 22,
2025. The aggregate gross proceeds from the Initial Closing were $8
million, prior to deducting placement agent fees and other offering
expenses payable by the Company. The Company intends to use $5
million of the net proceeds from the Initial Closing to redeem
certain outstanding shares of its Series X Preferred Stock in
accordance with the terms of the Certificate of Designations of the
Series X Preferred Stock, and the balance for working capital
purposes.
The Purchase Agreement contains certain representations and
warranties, covenants and indemnification provisions customary for
similar transactions. The representations, warranties and covenants
contained in the Purchase Agreement were made solely for the
benefit of the applicable parties to the Purchase Agreement and may
be subject to limitations agreed upon by the applicable contracting
parties. Among other covenants, the Purchase Agreement requires the
Company to hold a meeting of its stockholders at the earliest
practicable date to seek approval under Nasdaq Stock Market Rule
5635(d) for the issuance of shares of Common Stock in excess of
19.99% of the Company's issued and outstanding shares of Common
Stock at prices below the "Minimum Price" (as defined in Rule 5635
of the Rules of the Nasdaq Stock Market) on the date of the
Purchase Agreement pursuant to the terms of the Preferred Stock and
the applicable Warrants and shall hold a meeting every four months
thereafter if Stockholder Approval to seek Stockholder Approval
until the earlier of the date Stockholder Approval is obtained or
the Preferred Stock is no longer outstanding. Additionally,
pursuant to the terms of the Purchase Agreement, the Company has
also agreed to file the Resale Registration Statement as soon as
reasonably practicable.
The Private Placement is exempt from the registration requirements
of the Securities Act of 1933, as amended, pursuant to the
exemption for transactions by an issuer not involving any public
offering under Section 4(a)(2) of the Securities Act and/or Rule
506 of Regulation D of the Securities Act and in reliance on
similar exemptions under applicable state laws. Each of the
Investors has represented to the Company that it is an accredited
investor within the meaning of Rule 501(a) of Regulation D and that
it is acquiring the applicable securities for investment only and
not with a view towards, or for resale in connection with, the
public sale or distribution thereof. The Preferred Stock and
Warrants were offered and sold without any general solicitation by
the Company or its representatives.
Series H Convertible Preferred Stock:
The terms of the Preferred Stock are as set forth in the form of
Certificate of Designations -- available on
https://tinyurl.com/2n9vxfsr -- which was filed with the Secretary
of State for the State of Delaware on July 18, 2025, prior to the
closing of the Private Placement. The Preferred Stock are
convertible into the Conversion Shares at the election of the
holders of the Preferred Stock at any time at an initial conversion
price of $1.01 per share. The Conversion Price is subject to
customary adjustments for stock dividends, stock splits,
reclassifications, stock combinations and the like (subject to
certain exceptions), anti-dilution provisions, and a floor price of
$0.202.
* Stockholder Approval. Prior to obtaining Stockholder
Approval, the Company may not issue, upon conversion of the
Preferred Stock, a number of shares of Common Stock that would
exceed 19.99% of the issued and outstanding Common Stock on the
Closing Date.
* Dividends. Holders of the Preferred Stock shall be entitled
to receive cumulative dividends at the rate per share (as a
percentage of the Stated Value per share) of 9% per annum, payable
on each Conversion Date (with respect only to Preferred Stock being
converted) in duly authorized, validly issued, fully paid and
non-assessable shares of Common Stock at the Conversion Price then
in effect in accordance with the terms of the Certificate of
Designations.
* Voting. Except as otherwise provided in the Certificate of
Designations or as otherwise required by law, the Preferred Stock
shall have no voting rights. However, as long as any shares of
Preferred Stock are outstanding, the Company shall not, without the
affirmative vote of the Holders of a majority of the then
outstanding shares of the Preferred Stock, (a) alter or change
adversely the powers, preferences or rights given to the Preferred
Stock or alter or amend the Certificate of Designations, (b) amend
its certificate of incorporation or other charter documents in any
manner that adversely affects any rights of the Holders, (c)
increase the number of authorized shares of Preferred Stock, or (d)
enter into any agreement with respect to any of the foregoing.
Warrants:
The Warrants are exercisable for shares of Common Stock on the date
of Stockholder Approval, at an exercise price of $2.25 per share
and expire 18 months from the Stockholder Approval Date. The
exercise price of each Warrant is subject to customary adjustments
for stock dividends, stock splits, reclassifications, stock
combinations and the like. There is no established public trading
market for the Warrants and the Company does not intend to list the
Warrants on any national securities exchange or nationally
recognized trading system.
The foregoing description of the Purchase Agreement, the Warrants
and the Certificate of Designations are qualified in their entirety
by reference to the full text of the form of Purchase Agreement,
the Warrants and the Certificate of Designations, copies of which
are filed as Exhibits 10.1, 4.1 and 3.1, respectively, to the
Current Report on Form 8-K available at
https://tinyurl.com/ss9kmwww
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 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 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.
NAPA FORD: Seeks Chapter 11 Bankruptcy in California
----------------------------------------------------
On July 24, 2025, Napa Ford Lincoln Mercury Inc. filed Chapter
11 protection in the Northern District of California. According to
court filing, the Debtor reports between $1 million and $10
million in debt owed to 50 and 99 creditors. The petition states
funds will be available to unsecured creditors.
About Napa Ford Lincoln Mercury Inc.
Napa Ford Lincoln Mercury Inc. operates as an automotive dealership
offering new and used Ford and Lincoln vehicles. The Company
provides vehicle sales, parts, and maintenance services at its
location in Napa, California.
Napa Ford Lincoln Mercury Inc. relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. ) on July 24, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
The Debtor is represented by Michael Jay Berger, Esq. at LAW
OFFICES OF MICHAEL JAY BERGER.
NATURALSHRIMP INC: BCRG Replaces Turner Stone & Company as Auditor
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NaturalShrimp, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Company dismissed
Turner, Stone & Company LLP as the Company's independent registered
accountant, effective immediately.
The former accountant's report on the Company's financial
statements for either of the past two years did not contain an
adverse opinion or disclaimer of an opinion and was not modified as
to uncertainty, audit scope or accounting principles. Further, the
decision to change accountants was recommended by the board of
directors. The Company did not have any disagreements with the
former accountant during either its two most recent fiscal years or
any subsequent period preceding the dismissal.
On May 16, 2025, BCRG was appointed as the Company's independent
registered public accounting firm. During either the Company's two
most recent fiscal years or any subsequent period prior to engaging
the new independent accountant, the Company did not consult with
the newly engaged accountant regarding either of the items outlined
in Item 304(a)(2)(i) through (a)(2)(ii) of Regulation S-K.
About NaturalShrimp
Headquartered in Dallas, Texas, NaturalShrimp, Inc. --
http://www.naturalshrimp.com-- is an aquaculture technology
company that has developed proprietary, patented platform
technologies to allow for the production of aquatic species in an
ecologically-controlled, high-density, low-cost environment, and in
fully contained and independent production facilities without the
use of antibiotics or toxic chemicals. NaturalShrimp owns and
operates indoor recirculating Pacific White shrimp production
facilities in Texas and Iowa using these technologies.
Dallas, Texas-based Turner, Stone & Company, L.L.P., the Company's
auditor since 2015, issued a "going concern" qualification in its
report dated July 17, 2024, citing that the Company has suffered
recurring losses from operations and has a net capital deficiency
that raise substantial doubt about its ability to continue as a
going concern.
NEAL MEATS: G. Matt Barberich Named Subchapter V Trustee
--------------------------------------------------------
The Acting U.S. Trustee for Region 13 appointed G. Matt Barberich,
Jr. of B. Riley Advisory Services as Subchapter V trustee for Neal
Meats, LLC.
Mr. Barberich will be paid an hourly fee of $300 for his services
as Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Barberich declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
G. Matt Barberich, Jr.
B. Riley Advisory Services
7101 College Boulevard, Suite 730
Overland Park, KS 66210
Phone: 913-389-9270
Email: mbarberich@brileyfin.com
About Neal Meats
Neal Meats, LLC filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. W.D. Mo. Case No. 25-60458) on July 21,
2025, listing between $1 million and $10 million in assets and
liabilities.
NEUBERGER BERMAN 61: Moody's Assigns B3 Rating to $250,000 F Notes
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Moody's Ratings has assigned ratings to two classes of notes issued
by Neuberger Berman Loan Advisers CLO 61, Ltd. (the Issuer or
Neuberger 61):
US$310,000,000 Class A-1 Senior Secured Floating Rate Notes due
2037, Definitive Rating Assigned Aaa (sf)
US$250,000 Class F Junior Secured Deferrable Floating Rate Notes
due 2039, Definitive Rating Assigned B3 (sf)
The notes listed are referred to herein, collectively, as the Rated
Notes.
RATINGS RATIONALE
The rationale for the ratings is based on Moody's methodologies and
considers all relevant risks, particularly those associated with
the CLO's portfolio and structure.
Neuberger 61 is a managed cash flow CLO. The issued notes will be
collateralized primarily by broadly syndicated senior secured
corporate loans. At least 92.5% of the portfolio must consist of
first lien senior secured loans and up to 7.5% of the portfolio may
consist of second lien loans and unsecured loans. The portfolio is
approximately 80% ramped as of the closing date.
Neuberger Berman Loan Advisers IV LLC (the Manager) will direct the
selection, acquisition and disposition of the assets on behalf of
the Issuer and may engage in trading activity, including
discretionary trading, during the transaction's five year
reinvestment period. Thereafter, subject to certain restrictions,
the Manager may reinvest unscheduled principal payments and
proceeds from sales of credit risk assets.
In addition to the Rated Notes, the Issuer issued six other classes
of secured notes and one class of subordinated notes.
The transaction incorporates interest and par coverage tests which,
if triggered, divert interest and principal proceeds to pay down
the notes in order of seniority.
Moody's modeled the transaction using a cash flow model based on
the Binomial Expansion Technique, as described in Section 2.3.2.1
of the "Moody's Global Approach to Rating Collateralized Loan
Obligations" rating methodology published in May 2024.
For modeling purposes, Moody's used the following base-case
assumptions:
Par amount: $500,000,000
Diversity Score: 75
Weighted Average Rating Factor (WARF): 3097
Weighted Average Spread (WAS): 3.00%
Weighted Average Coupon (WAC): 7.00%
Weighted Average Recovery Rate (WARR): 45.0%
Weighted Average Life (WAL): 8.2 years
Methodology Underlying the Rating Action
The principal methodology used in these ratings was "Moody's Global
Approach to Rating Collateralized Loan Obligations" published in
May 2024.
Factors That Would Lead to an Upgrade or Downgrade of the Ratings:
The performance of the Rated Notes is subject to uncertainty. The
performance of the Rated Notes is sensitive to the performance of
the underlying portfolio, which in turn depends on economic and
credit conditions that may change. The Manager's investment
decisions and management of the transaction will also affect the
performance of the Rated Notes.
NEW DIRECTION: Unsecureds Will Get 37.8% of Claims over 60 Months
-----------------------------------------------------------------
New Direction Home Health Care of DFW Inc. submitted a Second
Amended Plan of Reorganization under Subchapter V.
Under the Plan the Debtor will pay 100% of Allowed Secured Claims
and Unsecured Claims pro-rata from a pool of $5,000.00 per month.
Under this Plan, all Priority and Secured Creditors will receive
payment of 100% of their Allowed Claims, and Unsecured Creditors
will receive 37.8% of their Allowed Claims. Therefore, pursuant to
the liquidation analysis all Creditors will receive at least as
much under this Plan as they would in a Chapter 7 liquidation.
Class 4 consists of Allowed General Unsecured Claims. Claimants
shall be paid pro-rata $5,000.00 monthly on a pro-rata basis over
60 months from the Effective Date, without interest. These Claims
will be paid in equal monthly installments commencing on the first
day of the first month following the Effective Date and continuing
on the first day of each month thereafter. These Claims are
Impaired, and the holders of these Claims are entitled to vote to
accept or reject the Plan.
Class A consists of Allowed Secured Claims of Tarrant County. This
Claim shall be paid in full in equal monthly installments of
principal with interest thereon at the rate of 12% per annum
commencing on the first day of the first month following the
Effective Date and continuing on the first day of each month until
sixty months after the Petition Date Payments. Interest shall begin
to accrue on the Petition Date. This Claim is Impaired, and the
holder of this Claim is entitled to vote to accept or reject the
Plan.
Class B consists of Allowed Secured Claims of the Internal Revenue
Service ("IRS"). This claim shall be paid in full in equal monthly
installments of principal and interest thereon at the rate of 7%
per annum. Payments will commence on the first day of the first
month following the Effective Date and continue until the
expiration of 60 months from the Petition Date. Interest shall
begin to accrue on the Effective Date. This Claim is Impaired, and
the holder of this Claim is entitled to vote to accept or reject
the Plan.
The Debtor intends to make all payments required under the Plan
from available cash and income from the business operations of the
Debtor.
A full-text copy of the Second Amended Plan dated July 24, 2025 is
available at https://tinyurl.com/mst9pyxr from PacerMonitor.com at
no charge.
Counsel to the Debtor:
Joyce W. Lindauer, Esq.
Joyce W. Lindauer Attorney, PLLC
1412 Main Street, Suite 500
Dallas, TX 75202
Tel: (972) 503-4033
Fax: (972) 503-4034
Email: joyce@joycelindauer.com
About New Direction Home Health Care of DFW
New Direction Home Health Care of DFW, Inc. provides personalized
and compassionate home health care services.
New Direction sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Case No. 24-44654) on December
17, 2024, with $50,001 to $100,000 in assets and $500,001 to $1
million in liabilities. Chiketa Kelly Williams, administrator,
signed the petition.
Judge Mark X. Mullin oversees the case.
Joyce W. Lindauer, Esq., at Joyce W. Lindauer Attorney, PLLC, is
the Debtor's bankruptcy counsel.
NIKOLA CORP: Seeks to Reclassify SEC's $80.2MM Fraud Claim
----------------------------------------------------------
Randi Love of Bloomberg Law reports that Nikola Corp. has urged the
U.S. Bankruptcy Court in Delaware to reduce the priority of an
$80.2 million claim from the Securities and Exchange Commission,
arguing it improperly seeks to use estate assets to compensate
shareholders impacted by fraud committed by former CEO Trevor
Milton.
In a July 25 filing, the electric vehicle manufacturer contends
that the SEC's proposed "fair fund" would violate the bankruptcy
code's absolute priority rule by directing funds to equity holders
before all creditors are paid in full.
The claim is part of a $125 million civil penalty levied by the
SEC, of which Nikola has already paid $45 million, the report
states.
About Nikola Corp.
Nikola Corporation and affiliates specialize in the design and
manufacture of zero-emissions commercial vehicles, including
battery-electric and hydrogen fuel cell trucks. The companies
operate in two business units: Truck and Energy. The Truck business
unit is commercializing heavy-duty commercial hydrogen-electric
(FCEV) and battery-electric (BEV) Class 8 trucks that provide
environmentally friendly, cost-effective solutions to the short,
medium and long-haul trucking sectors. The Energy business unit is
developing hydrogen fueling infrastructure to support FCEV trucks
covering supply, distribution and dispensing. Founded in 2015,
Nikola is headquartered in Phoenix, Ariz.
Nikola and nine of its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del., Lead Case No. 25-10258)
on February 19, 2025. In the petitions, the Debtors reported total
assets as of Jan. 31, 2025 of $878,094,000 and total debts as of
Jan. 31, 2025 of $468,961,000.
Bankruptcy Judge Thomas M. Horan handles the cases.
Potter Anderson & Corroon LLP serves as general bankruptcy counsel
to the Debtors, and Pillsbury Winthrop Shaw Pittman LLP serves as
bankruptcy co-counsel. Houlihan Lokey Capital, Inc. acts as
investment banker to the Debtors; M3 Advisory Partners LP acts as
financial advisor to the Debtors; while EPIQ Corporate
Restructuring LLC is the Debtors' claims and noticing agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped Morrison & Foerster LLP and Morris James, LLP as
legal counsels; Ducera Securities, LLC as investment banker; and
FTI Consulting, Inc. as financial advisor.
NIKOLA CORP: Unsecureds Will Get 23.1% to 77.3% of Claims in Plan
-----------------------------------------------------------------
Nikola Corp., and affiliates submitted a First Amended Combined
Disclosure Statement and Chapter 11 Plan of Liquidation dated July
22, 2025.
The Plan shall apply as a substantively consolidated Plan for all
of the Debtors. All of the potential Classes for the Debtors are
set forth herein.
This Combined DS and Plan contemplates the establishment of the
Liquidating Trust to administer post-Effective Date
responsibilities of the Debtors and wind-down the Debtors' business
under the Plan, including: (1) administering the Assets being
vested with the Liquidating Trust, (2) making distributions to
holders of Allowed Claims in accordance with the terms of this Plan
and the Liquidating Trust Agreement, (3) resolving all Disputed
Claims and effectuating the Claims reconciliation process pursuant
to the procedures prescribed in this Combined DS and Plan, (4)
prosecuting, settling, and resolving Preserved Estate Claims, (5)
recovering, through enforcement, resolution, settlement,
collection, or otherwise, Assets on behalf of the Liquidating Trust
(which assets shall become part of the Liquidating Trust Assets),
(6) winding down the affairs of the Debtors and all non-Debtor
Affiliates, if and to the extent necessary, including taking any
steps to dissolve, liquidate, or take other similar action with
respect to each of the Debtors and each of the non-Debtor
Affiliates, including by terminating the corporate or
organizational existence of each such Debtor and non Debtor
Affiliate, and (7) performing all actions and executing all
agreements, instruments and other documents necessary to effectuate
the purpose of the Liquidating Trust.
Class 3 consists of General Unsecured Claims. On the Plan
Distribution Date, except to the extent that a holder of an Allowed
General Unsecured Claim and the Debtors (prior to the Effective
Date, with the consent of the Committee) or the Liquidating Trust
(after the Effective Date) agrees to less favorable treatment, in
full and final satisfaction of such Claim, each holder of an
Allowed General Unsecured Claim shall receive its Pro Rata Share of
the Liquidating Trust Units, which shall entitle such Holder to its
Pro Rata Share of the Liquidating Trust Net Assets.
The allowed unsecured claims total $213,387,185 to $246,300,353.
This Class will receive a distribution of 23.1% to 77.3% of their
allowed claims. Claims in Class 3 are Impaired. Holders of Allowed
General Unsecured Claims are entitled to vote to accept or reject
the Plan.
On the Effective Date, the Debtors shall make Plan Distributions in
accordance with the Plan to holders of Allowed Administrative
Claims, Allowed Tax Claims, Allowed Other Priority Claims, and
Allowed Other Secured Claims that are due and payable as of the
Effective Date using Cash on hand. Upon completion of such Plan
Distributions, on the Effective Date, the Debtors shall transfer
all Liquidating Trust Assets to the Liquidating Trust. After the
Effective Date, the Liquidating Trustee shall fund the Reserve and
shall make Plan Distributions from Liquidating Trust Net Assets on
account of Allowed Claims in accordance with the Plan and the
Liquidating Trust Agreement.
On the Effective Date, in furtherance of the liquidation of the
Debtors, the Liquidating Trust shall be established for the benefit
of the Liquidating Trust Beneficiaries. The Liquidating Trustee
shall execute the Liquidating Trust Agreement and shall take all
other steps necessary to establish the Liquidating Trust pursuant
to the Liquidating Trust Agreement and consistent with the Plan.
The form of the Liquidating Trust Agreement shall be included in
the Plan Supplement and approved pursuant to the Plan. The powers,
authority, responsibilities, and duties of the Liquidating Trust
and the Liquidating Trustee are set forth in and shall be governed
by the Plan and the Liquidating Trust Agreement.
On the Effective Date, the Debtors and the Liquidating Trustee
shall execute the Liquidating Trust Agreement and shall take all
steps necessary to establish the Liquidating Trust in accordance
with the Plan and for the benefit of the Liquidating Trust
Beneficiaries. Additionally, on the Effective Date, the Debtors
shall irrevocably transfer and shall be deemed to have irrevocably
transferred to the Liquidating Trust all of the Debtors' Estates'
rights, title, and interest in and to all of the Liquidating Trust
Assets and, in accordance with section 1141 of the Bankruptcy Code,
the Liquidating Trust Assets shall automatically vest in the
Liquidating Trust free and clear of all claims, liens,
encumbrances, or interests, subject to the terms of this Plan and
the Liquidating Trust Agreement.
The Bankruptcy Court has established August 20, 2025 at 4:00 p.m.
as the deadline for filing and serving objections to the final
approval of the Disclosure Statement and the confirmation of the
Plan (the "Combined DS and Plan Objection Deadline").
A hearing on the final approval of the Disclosure Statement and the
confirmation of the Plan (as such hearing may be continued from
time to time, the "Joint Hearing") will commence on September 5,
2025 at 10:00 a.m. in the Bankruptcy Court before the Honorable
Thomas M. Horan, courtroom 5 at 824 Market St., 5th Floor
Wilmington, DE 19801.
A full-text copy of the First Amended Combined Disclosure Statement
and Plan dated July 22, 2025 is available at
https://urlcurt.com/u?l=KxabEL from PacerMonitor.com at no charge.
Counsel to the Debtors:
M. Blake Cleary, Esq.
Brett M. Haywood, Esq.
Maria Kotsiras, Esq.
Shannon A. Forshay, Esq.
Sarah R. Gladieux, Esq.
POTTER ANDERSON & CORROON LLP
1313 N. Market Street, 6th Floor
Wilmington, Delaware 19801
Tel: (302) 984-6000
Fax: (302) 658-1192
Email: bcleary@potteranderson.com
bhaywood@potteranderson.com
mkotsiras@potteranderson.com
sforshay@potteranderson.com
sgladieux@potteranderson.com
Joshua D. Morse, Esq.
Jonathan R. Doolittle, Esq.
PILLSBURY WINTHROP SHAW PITTMAN LLP
Four Embarcadero Center, 22nd Floor
San Francisco, California 94111-5998
Tel: (415) 983-1000
Fax: (415) 983-1200
Email: joshua.morse@pillsburylaw.com
jonathan.doolittle@pillsburylaw.com
- and -
Andrew V. Alfano, Esq.
Caroline Tart, Esq.
Chazz C. Coleman, Esq.
PILLSBURY WINTHROP SHAW PITTMAN LLP
31 West 52nd Street
New York, New York 10019
Tel: (212) 858-1000
Fax: (212) 858-1500
Email: andrew.alfano@pillsburylaw.com
caroline.tart@pillsburylaw.com
chazz.coleman@pillsburylaw.com
About Nikola Corp.
Nikola Corporation and affiliates specialize in the design and
manufacture of zero-emissions commercial vehicles, including
battery-electric and hydrogen fuel cell trucks. The companies
operate in two business units: Truck and Energy. The Truck business
unit is commercializing heavy-duty commercial hydrogen-electric
(FCEV) and battery-electric (BEV) Class 8 trucks that provide
environmentally friendly, cost-effective solutions to the short,
medium and long-haul trucking sectors. The Energy business unit is
developing hydrogen fueling infrastructure to support FCEV trucks
covering supply, distribution and dispensing. Founded in 2015,
Nikola is headquartered in Phoenix, Ariz.
Nikola and nine of its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 25-10258) on
Feb. 19, 2025. In the petitions, the Debtors reported total assets
as of Jan. 31, 2025 of $878,094,000 and total debts as of Jan. 31,
2025 of $468,961,000.
Bankruptcy Judge Thomas M. Horan handles the cases.
Potter Anderson & Corroon LLP serves as general bankruptcy counsel
to the Debtors, and Pillsbury Winthrop Shaw Pittman LLP serves as
bankruptcy co-counsel. Houlihan Lokey Capital, Inc. acts as
investment banker to the Debtors; M3 Advisory Partners LP acts as
financial advisor to the Debtors; while EPIQ Corporate
Restructuring LLC is the Debtors' claims and noticing agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors. The committee tapped Morrison &
Foerster LLP and Morris James, LLP as legal counsels; Ducera
Securities, LLC, as investment banker; and FTI Consulting, Inc. as
financial advisor.
NOBLE LIFE: Hires AFAB Lab Resources LLC as Appraisers
------------------------------------------------------
Noble Life Sciences, Inc. seeks approval from the U.S. Bankruptcy
Court for the District of Maryland to employ AFAB Lab Resources,
LLC as appraisers.
The firm will appraise the Debtor's lab equipment, including but
not limited to equipment located in its lab located in Carroll
County, Maryland.
The firm will be paid at the rate of $150 per hour.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Mr. Michael I. Creath, president of AFAB, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Michael I. Creath
AFAB Lab Resources, LLC
260 Interstate Cir., Suite 2A
Frederick, MD 21704
Tel: (240) 651-1982
About Noble Life Sciences, Inc.
Noble Life Sciences, Inc. is a pre-clinical contract research
organization that provides GLP and non-GLP services, including
safety and efficacy testing, for drugs, vaccines, and medical
devices. It offers capabilities in pharmacology, bioanalysis,
analytical testing, and preclinical development across a range of
therapeutic areas such as oncology, infectious diseases, and
cardiovascular conditions.
Noble Life Sciences sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Md. Case No. 25-15637) on June 22, 2025.
In its petition, the Debtor reported total assets of $488,456 and
total liabilities of $5,160,511.
Robert B. Scarlett, Esq., at Scarlett & Croll, P.A. is the Debtor's
legal counsel.
Fulton Bank is represented by:
Michael D. Nord, Esq.
Gebhardt & Smith, LLP
One South Street, Suite 2200
Baltimore, MD 21202
Tel: (410) 385-5072
E-mail: mnord@gebsmith.com
OAKTREE OCALA: Seeks Chapter 11 Bankruptcy in New York
------------------------------------------------------
On July 29, 2025, Oaktree Ocala JV LLC filed Chapter 11
protection in the Southern District of New York. According to
court filing, the Debtor reports between $10 million and $50
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
About Oaktree Ocala JV LLC
Oaktree Ocala JV LLC is a real estate lessor operating under NAICS
code 5311. It is based in Suffern, NY with apparent operations in
Ocala, Florida. It operates as a joint venture in the real estate
leasing sector.
Oaktree Ocala JV LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 25-22701) on July
29, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
The Debtor is represented by Kenneth M. Lewis, Esq. at Paul M.
Nussbau, Esq.
ONDAS HOLDINGS: Fully Retires All Outstanding Convertible Notes
---------------------------------------------------------------
Ondas Holdings Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that as of July 18, 2025,
the December 17, 2024 Additional Notes have been settled and are no
longer outstanding.
As previously disclosed, the Company issued certain:
(i) 3% Senior Convertible Notes in the aggregate original
principal amount of $34.5 million, which were subsequently
exchanged by the Company, on a dollar-for-dollar basis, into new 3%
Senior Convertible Notes and have maturity date of April 28, 2025,
which Exchange Notes were previously settled and are no longer
outstanding;
(ii) 3% Series B-2 Senior Convertible Notes in the aggregate
original principal amount of $11.5 million (the "2023 Additional
Notes"), which 2023 Additional Notes were previously settled and
are no longer outstanding;
(iii) 3% Series B-2 Senior Convertible Notes in the aggregate
original principal amount of $4.1 million (the "December 3, 2024
Additional Notes"), which December 3, 2024 Additional Notes were
previously settled and are no longer outstanding;
(iv) 3% Series B-2 Senior Convertible Notes in the aggregate
original principal amount of $11.5 million (the "December 17, 2024
Additional Notes"); and
(v) 3% Series B-2 Senior Convertible Notes in the aggregate
original principal amount of $18.9 million (the "December 31, 2024
Additional Notes"), which December 31, 2024 Additional Notes were
previously settled and are no longer outstanding.
Ondas Holdings, in a press release dated July 21, 2025, commented
on the full exercise and retirement of its convertible notes.
"The full exercise and retirement of our convertible notes is a
significant achievement for Ondas," said Eric Brock, Chairman and
CEO of Ondas Holdings. "It reflects our strong financial position
and confidence in our long-term growth trajectory. With more than
$67 million in cash and cash equivalents on our balance sheet as of
June 30th, we are operating from a position of strength with ample
liquidity to pursue our strategic growth plan."
This development further enhances the Company's capital structure,
simplifying its balance sheet while underscoring Ondas' financial
discipline and strategic focus.
About Ondas Holdings
Marlborough, Mass.-based Ondas Holdings Inc. provides private
wireless data solutions through its subsidiary, Ondas Networks
Inc., and commercial drone solutions through Ondas Autonomous
Systems Inc. (OAS), which includes wholly owned subsidiaries
American Robotics, Inc. and Airobotics LTD. OAS focuses on the
design, development, and marketing of autonomous drone solutions,
while Ondas Networks specializes in proprietary, software-based
wireless broadband technology for both established and emerging
commercial and government markets. Together, Ondas Networks,
American Robotics, and Airobotics deliver enhanced connectivity,
situational awareness, and data collection capabilities to users in
defense, homeland security, public safety, and other critical
industrial and government sectors.
In an audit report dated March 12, 2025, the Company's auditor,
Rosenberg Rich Baker Berman, P.A., issued a "going concern"
qualification, citing that the Company has experienced recurring
losses from operations, negative cash flows from operations and a
working capital deficit as of Dec. 31, 2024.
As of Dec. 31, 2024, Ondas Holdings had $109.62 million in total
assets, $73.68 million in total liabilities, $19.36 million in
redeemable noncontrolling interest, and $16.58 million in total
stockholders' equity.
ONEMAIN FINANCE: S&P Rates New $500MM Senior Unsecured Notes 'BB'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB' rating to OneMain Finance
Corp.'s proposed $500 million senior unsecured notes due 2030.
OneMain Finance Corp. (OMFC) is a direct, wholly owned subsidiary
of OneMain Holdings Inc. (OneMain), which will guarantee the notes
on an unsecured basis.
The company intends to use the net proceeds to redeem a portion of
its 9.0% senior notes due 2029 ($681 million outstanding as of June
30, 2025). While it is paying a modest call premium to redeem the
notes, S&P favorably views that the company is proactively reducing
its overall funding cost and that this will be accretive to
earnings in the near term.
For the quarter ended June 30, 2025, OneMain's leverage, as
measured by debt to adjusted total equity, was 5.9x-6.0x, and pro
forma for this issuance, S&P expects leverage to remain unchanged.
As of June 30, 2025, OneMain's ratio of unencumbered assets to
unsecured debt was about 1.05x. S&P said, "Pro forma for this
transaction, we expect unencumbered assets to unsecured debt to
remain at the low to midrange of 1.0x-1.1x. If the company's
unsecured debt became greater than its unencumbered assets, we
would lower the issue rating by one notch, to 'BB-'."
For the quarter ended June 30, 2025, the company's consumer loans
net charge-off ratio declined to about 7.2%, versus 7.8% the prior
quarter and 8.3% a year prior. The ratio of loans that were 30-plus
days delinquent was 5.17%, while for credit cards, this ratio was
about 11.58%.
As of June 30, 2025, OMF's back book (loan originations made prior
to credit tightening in August 2022) had declined to 10%, from 16%
of receivables at year-end 2024. The back book contributed 24% to
30-plus-day delinquency, down from 27% the prior quarter.
Profitability and delinquencies should stabilize as the tail risk
from 2022 vintages declines, but an expected economic slowdown and
higher-for-longer interest rates could challenge performance for
newer vintages. For 2025, OneMain tightened its upper end of
expected net charge-offs to 7.5%-7.8%, from 8% in January 2025 and
8.1% in 2024.
S&P said, "The stable rating outlook on OneMain indicates our
expectation that in the next 12 months, the company will keep its
competitive position in nonprime consumer lending and operate with
leverage of 5.5x-6.5x. We expect the company to maintain adequate
liquidity, manageable net charge-offs of about 8%, and its funding
mix.
"We could lower our ratings over the next 12 months if debt to
adjusted total equity rose above 6.5x or if net charge-offs
substantially rose above our base-case expectation and eroded
earnings. We could also lower the ratings if regulatory actions
impeded OneMain's business, if the company took on large
debt-funded initiatives, or if competition increased in the
nonprime consumer lending industry such that risk-adjusted yields
declined and weakened earnings."
An upgrade is unlikely over the next 12 months.
OPGEN INC: Bonte Resigns as Director, Joins CapForce Subsidiary
---------------------------------------------------------------
OpGen, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that on July 17, 2025, the
Company received notice from Christian-Laurent Benoit Bonte that he
will be stepping down as a director, effective immediately.
Mr. Bonte's resignation was not the result of any disagreement with
management or the Company on any matter relating to the Company's
operations, policies or practices. The Company extends its
gratitude to Mr. Bonte for his many contributions.
In connection with his departure from the Board, the Company
further announces that Mr. Bonte has been appointed as the Head of
the Digital Investment Banking Arm of CapForce International
Holdings Ltd., a limited liability company incorporated in Malaysia
and wholly owned subsidiary of the Company, effective July 1, 2025.
In his new executive capacity, Mr. Bonte, 48, will leverage his
rich investment banking experience in Paris, Hong Kong and
Singapore with broad in-depth Hong Kong and U.S. capital market
exposure. Mr. Bonte's experience includes his roles as the
Executive Director at Meyzer Capital Management Pte Ltd, a
management consulting and alternative investments platform, as the
Founder and the Managing Director of Far Cap Pte Ltd, a corporate
finance and technology investment firm, and as the Managing
Director of ARC Capital Ltd, an investment bank with a presence in
Asia and the United States.
About OpGen
OpGen, Inc., based in Rockville, Md., -- https://www.opgen.com/ --
is a precision medicine company harnessing the power of molecular
diagnostics to help combat infectious disease. The Company's
innovative approaches to infectious disease diagnostics consists of
highly multiplexed syndromic molecular panels to address the global
threat of antimicrobial resistance (AMR), improve antibiotic
stewardship, and decrease the spread of multidrug-resistant
microorganisms (MDROs).
West Palm Beach, Florida-based Beckles & Co., Inc., the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated June 3, 2024, citing that the Company has incurred
recurring losses from operations since inception and has stated
that substantial doubt exists about the Company's ability to
continue as a going concern.
OpGen, Inc. has yet to file its Annual Report on Form 10-K for the
fiscal year ended December 31, 2024, as disclosed in a Form 12b-25
filed on March 31, 2025, citing limited resources and delays in
compiling financial documentation.
OWL VENICE: Case Summary & 10 Unsecured Creditors
-------------------------------------------------
Debtor: OWL Venice LLC
12906 Venice Blvd.
Los Angeles, CA 90066
Business Description: OWL Venice LLC, doing business as OWL
Venice, offers handcrafted broth elixirs,
organic skincare products, and multi-day gut
health cleanse programs across Los Angeles
County. The Company also provides health
coaching as an additional wellness service.
Chapter 11 Petition Date: July 29, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-16451
Judge: Hon. Sheri Bluebond
Debtor's Counsel: Giovanni Orantes, Esq.
THE ORANTES LAW FIRM, A.P.C.
3435 Wilshire Blvd., 27th Floor
Los Angeles, CA 90010
Tel: (888) 619-8222
Fax: (877) 789-5776
E-mail: go@gobklaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Lindsay Wilson as manager.
A full-text copy of the petition, which includes a list of the
Debtor's 10 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/KWU4YGA/OWL_Venice_LLC__cacbke-25-16451__0001.0.pdf?mcid=tGE4TAMA
PAULAZ ENTERPRISES: Hearing Today on Bid to Use Cash Collateral
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Florida is
set to hold a hearing today to consider another extension of Paulaz
Enterprises, Inc.'s authority to use cash collateral.
The Debtor's authority to use cash collateral pursuant to the
court's July 22 interim order expires today.
The interim order approved the payment of the Debtor's
post-petition expenses from the cash collateral of Wells Fargo
Bank, N.A. in accordance with the budget it filed with the court.
The interim order granted Wells Fargo replacement liens on all
post-petition cash collateral regardless of the nature of such cash
collateral or the bank account into which it is deposited, with the
same validity, priority and extent as the secured creditor's
pre-bankruptcy liens.
The Debtor believes all of its assets, including cash collateral
are encumbered by the lien held by Wells Fargo. The value of the
Debtor's assets is $303,282.25 as of the petition date, and the
bank's loan has an outstanding balance of $637,481.
Other entities that may have a lien on the cash collateral are
Alliance Franchise Brands, LLC, ODK Capital, LLC and the U.S. Small
Business Administration.
The Debtor believes that the secured loan made by Alliance is
subordinated to the Wells Fargo loan. The Debtor has been making
payments towards the Alliance loan since its inception. Alliance is
not entitled to a post-petition lien as there is no remaining
collateral available to secure it.
Meanwhile, the ODK Capital and SBA loans are wholly unsecured as
all of the Debtor's assets are encumbered by Wells Fargo's lien.
Both creditors are not entitled to a post-petition lien as there is
no remaining collateral available to secure the loans.
About Paulaz Enterprises Inc.
Paulaz Enterprises Inc., doing business as Image360 Hollywood FL,
provides custom signage, graphics, and display solutions for
businesses and organizations in Hollywood, Miami, Fort Lauderdale,
and surrounding areas. It offers interior signs, business signage,
vehicle wraps, and event displays, coordinating projects from
design to installation. Paulaz Enterprises operates as part of a
national network, ensuring consistent quality and branding across
various applications.
Paulaz Enterprises sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18061) on July 15,
2025. In its petition, the Debtor reported total assets of $303,282
and total liabilities of $1,733,834.
Judge Peter D. Russin handles the case.
The Debtor is represented by Chad Van Horn, Esq., at Van Horn Law
Group, PA.
PBREIA LLC: Seeks to Hire Foley & Lardner LLP as Legal Counsel
--------------------------------------------------------------
PBREIA, LLC seeks approval from the U.S. Bankruptcy Court for the
Northern District of Texas to employ Foley & Lardner LLP as
counsel.
The firm will render these services:
(a) advise the Debtors with respect to their powers and duties
in the continued operation of their business;
(b) appear in court and protect the interests of the Debtors
before the court;
(c) prepare and file on behalf of the Debtors, all necessary
legal documents;
(d) assist in the identification of assets and liabilities of
the estates;
(e) analyze claims and competing property interests, and
negotiate with creditors and parties in interest on behalf of the
Debtors;
(f) assist the Debtors in formulating a plan of reorganization
or liquidation and take necessary legal steps in order to confirm
such plan;
(g) advise the Debtors in connection with any potential sale
of assets;
(h) assist and advise the Debtors in connection with certain
labor and employment matters;
(i) represent the Debtors in any related adversary
proceedings, to the extent such representation becomes necessary;
and
(j) perform all other legal services for the Debtors that may
be necessary in these proceedings.
The firm's counsel and staff will be paid at these hourly rates:
Thomas C. Scannell, Partner $875 per hour
Kevin P.M. Garland, Partner $800 per hour
Zachary C. Zahn, Associate $600 per hour
Janelle C. Harrison, Paralegal $330 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Scannell disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Thomas C. Scannell, Esq.
Zachary C. Zahn, Esq.
Foley & Lardner LLP
2021 McKinney Avenue, Suite 1600
Dallas, TX 75201
Telephone: (214) 999-3000
Facsimile: (214) 999-4667
Email: tscannell@foley.com
zzahn@foley.com
About PBREIA, LLC
PBREIA, LLC is a single-asset real estate company whose principal
property is located in San Diego, California.
PBREIA, LLC in Arlington, TX, sought relief under Chapter 11 of the
Bankruptcy Code filed its voluntary petition for Chapter 11
protection (Bankr. N.D. Tex. Case No. 25-42439) on July 2, 2025,
listing $1 million to $10 million in assets and $100,000 to
$500,000 in liabilities. Lynn Boyer as member, signed the
petition.
Judge Mark X Mullin oversees the case.
FOLEY & LARDNER, LLP serve as the Debtor's legal counsel.
PENNYMAC FINANCIAL: Moody's Affirms 'Ba2' CFR, Outlook Stable
-------------------------------------------------------------
Moody's Ratings has affirmed all the ratings of PennyMac Financial
Services, Inc. and its subsidiaries (together known as PFSI).
Moody's have affirmed PFSI's Ba2 long-term corporate family rating
and its Ba3 backed senior unsecured debt rating. Concurrently,
Moody's affirmed Private National Mortgage Acceptance Co, LLC's
(Private National) long-term issuer rating of Ba3. The outlooks for
PFSI and Private National remain stable.
RATINGS RATIONALE
The affirmation of PFSI's Ba2 CFR reflects the company's solid
track record of operational performance. Over the last several
years, the company has further strengthened its franchise position
in the correspondent origination channel, which continues to
support its above-average profitability, particularly during
periods of market stress, versus rated non-bank residential
mortgage companies. In addition, PFSI's capitalization is
consistently strong and its funding and liquidity profile is
adequate for its current rating level.
PFSI's operations are somewhat more diversified than those of other
rated non-bank residential mortgage companies, which contributes to
more stable earnings across interest rate cycles. In Q1 2025, its
core net income (excluding fair value marks) to average assets
stood at 3.1%, significantly outperforming the 0.95% average of
rated peers. During the same period, PFSI ranked as the
second-largest US residential mortgage lender, holding an estimated
approximately 8% market share. It remains the leading correspondent
lender, with a dominant around 20% share in that channel.
Additionally, its presence in the wholesale-broker segment has
grown steadily, reaching just below 5% in Q1 2025, making it the
third-largest lender in that space. Despite subdued refinance
activity due to elevated mortgage rates, PFSI continues to invest
in its consumer-direct channel – a credit positive, as retail
originations typically yield higher margins than those sourced
through correspondent or broker channels.
PFSI's capitalization is strong with tangible common equity (TCE)
to adjusted tangible managed assets (TMA), excluding loans eligible
for repurchase, averaging over 20% over the last several years,
which compares well with peers. As of March 31, 2024, the company's
TCE to adjusted TMA was 20.7%. Moody's expects PFSI to maintain TCE
to adjusted TMA around 20% over the next 12-18 months.
Historically, PFSI primarily relied on secured mortgage servicing
rights (MSR) financing to fund its MSRs. However, in recent years,
the company has increasingly shifted toward unsecured debt.
Including its $850 million unsecured issuance in May 2025, Moody's
estimates that PFSI's ratio of secured corporate debt to total
corporate debt will decline to approximately 25%, down from 52% as
of 31 December 2022.
PFSI's Ba3 backed long-term senior unsecured debt rating is based
on the company's Ba2 CFR and reflects the ranking of senior
unsecured obligations in PFSI's capital structure.
PFSI's stable outlook reflects Moody's expectations that the
company will be able to maintain solid profitability, minimize
operational risk, and maintain solid capitalization while
continuing to strengthen its franchise position and maintain its
liquidity profile over the next 12-18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The rating could be upgraded if PFSI strengthens its solid
financial performance, whereby Moody's expects that long-term
through-the-cycle profitability as measured by net income to
average managed assets will average at least 4.0%. In addition, the
company would need to maintain strong capitalization as measured by
TCE to adjusted TMA above 20.0%, continue to strengthen its
franchise position, particularly in the broker and
direct-to-consumer origination channels, and further improve its
funding structure by continuing to reduce its reliance on secured
corporate debt. Moody's could upgrade PFSI's backed senior
unsecured rating and Private National's long-term issuer rating if
the company maintains its ratio of secured corporate debt to total
corporate debt to below 25%.
The rating could be downgraded if PFSI's financial performance
deteriorates; for example, if Moody's expects net income to average
managed assets to remain below 3.0%, or if leverage increases such
that PFSI's TCE to adjusted TMA declines and remains below 17.5%.
In addition, PFSI's senior unsecured bond rating and Private
National's long-term issuer rating could be downgraded if the ratio
of secured debt to total corporate debt increases and remains above
65%; under this scenario, Moody's would expect the loss on senior
unsecured obligations in the event of default to be materially
higher.
The principal methodology used in these ratings was Finance
Companies published in July 2024.
PFSI's "Assigned Standalone Assessment" score of ba2 is set three
notches below the "Financial Profile" initial score of baa2 to
reflect the company's refinancing risk from short-term funding
reliance, operational and regulatory risk and its operating
environment.
PENNYMAC MORTGAGE: Moody's Affirms B1 CFR, Outlook Remains Stable
-----------------------------------------------------------------
Moody's Ratings has affirmed PennyMac Mortgage Investment Trust's
(PMT) long-term corporate family rating of B1 and its long-term
issuer rating of B3. The outlook remains stable.
RATINGS RATIONALE
The affirmation of PMT's ratings reflects the company's modest
capitalization and profitability, offset by its solid franchise
position and relationship with its external manager, PennyMac
Financial Services, Inc. (PFSI, Ba2 stable). Together with PFSI,
PMT is the largest US correspondent residential mortgage producer
and a top-three residential mortgage originator in the US.
PMT's capitalization, as measured tangible common equity (TCE) to
adjusted tangible managed assets (TMA), excluding loans eligible
for repurchase, has declined to 12.8% as of March 31, 2025 from
14.9% at year-end 2023, a credit negative. The recent decline
contrasts with a similar fall from 2021 to 2023, which was
primarily driven by declines in the fair value of mortgage
servicing rights (MSRs), whereas the current weakening is due to an
increase in loans held for sale on the balance sheet, which rose to
$2.0 billion in Q1 2025 from $670 million at year-end 2023. The
growth is aligned with PMT retaining more origination volume as
well as with a slight rebound in US mortgage origination volumes.
Like many other rated non-bank residential mortgage companies,
PMT's profitability has been constrained in recent years.
Profitability, as measured by net income over tangible managed
assets, was 1.25% in 2024, down from 1.45% in 2023. The company's
interest rate sensitive strategies segment – which includes MSR,
Agency and non-Agency mortgage backed security (MBS) investments
– along with its government-sponsored enterprise (GSE)
correspondent origination business have delivered only modest
performance as elevated short-term interest rates have adversely
affected origination profitability and gain-on-sale margins.
PMT's diverse funding profile encompasses MSR and CRT term notes
and loans designed to finance its servicing assets and
credit-sensitive investments. Notably, the term notes are devoid of
mark-to-market provisions, a credit positive as it reduces the risk
of margin calls on PMT's investments. In addition, most of the
facilities have a two-year tenor, which helps alleviate refinancing
risk. Furthermore, PMT has modestly increased its use of unsecured
debt, a credit positive, demonstrated by its issuance of $173
million in new senior unsecured notes during Q1 2025. As of March
31, 2025, the company's mix of unsecured debt relative to total
corporate debt was around 23%, up from 17% at year-end 2024, though
the mix is still lower than peers.
The stable outlook reflects Moody's expectations that profitability
and capitalization will remain largely around current levels over
the next 12-18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings on PMT could be upgraded if the company demonstrates
solid financial performance, whereby long-term, through-the-cycle
profitability as measured by net income to average managed assets
increases and remains above 2.5%. In addition, the company's
capitalization would need to strengthen such as TCE to adjusted TMA
increasing and remaining above 17.5%, while preserving its
franchise value and maintaining its current liquidity and funding
profile.
The ratings on PMT could be downgraded if Moody's expects the
company's capitalization as measured by TCE to adjusted TMA to
remain below 13.5%. The ratings could also be downgraded if Moody's
expects the company's through-the-cycle net income to average
managed asset ratio to remain below 1.5%, or if its liquidity
position deteriorates materially.
The principal methodology used in these ratings was Finance
Companies published in July 2024.
PMT's "Assigned Standalone Assessment" score of b1 is set three
notches below the "Financial Profile" initial score of ba1 to
reflect the company's elevated credit exposure to credit risk
transfer assets.
PIVOT OPERATIONS: Seeks to Hire McDonough CPA as Accountant
-----------------------------------------------------------
Pivot Operations LLC seeks approval from the U.S. Bankruptcy Court
for the District of Idaho to employ McDonough CPA as accountant.
The firm will provide necessary financial accounting and payroll
services, tax preparation, potential monthly reports, and
consultation in the preparation of a Chapter 11 Plan.
The firm will be paid a flat fee of $1,150 for preparation of 2024
Form 1120S Tax Return, $300 per hour for tax consultation services,
and $85 per hour for bookkeeping and payroll services.
Mr. McDonough disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Jeff McDonough
McDonough CPA
2230 W Everest Ln #150
Meridian, ID 83646
Tel: (208) 283-1948
About Pivot Operations LLC
PIVOT Operations, LLC filed Chapter 11 petition (Bankr. D. Idaho
Case No. 25-00331) on May 7, 2025, listing up to $500,000 in assets
and up to $1 million in liabilities. Joseph Savola, manager of
PIVOT Operations, signed the petition.
Judge Whitman L. Holt oversees the case.
Matthew Christensen, Esq., at Johnson May, represents the Debtor as
legal counsel.
PRIME CORE: Litigation Trust Wants to Claw Back $2.1MM Transfers
----------------------------------------------------------------
Emily Lever of Bloomberg Law reports that Prime Core Technologies'
litigation trust has filed a lawsuit to recover $2.1 million in
cash and cryptocurrency disbursed to customers shortly before the
company's bankruptcy filing, arguing that the transfers further
reduced the potential recoveries for other creditors already facing
substantial losses.
About Prime Core Technologies Inc.
Prime Core Technologies, Inc., was founded in 2016 by Scott Purcell
as a trust and custodial services company with respect to fiat
currency and other more traditional assets, with its primary
product being college savings trusts. Following the emergence and
exponential growth of the blockchain and cryptocurrency industry,
the Company recalibrated its focus away from providing more
traditional fiat currency custodial services and towards providing
custodial services for cryptocurrency and other digital assets.
Eventually, the Company emerged as a market leader, providing a
unique bundle of products and services that remain unparalleled in
the industry.
Prime Core Technologies, Inc., and three of its affiliates sought
Chapter 11 bankruptcy protection (Bankr. D.N.J. Lead Case No.
23-11161) on Aug. 16, 2023. The petitions were signed by Jor Law as
interim chief executive officer. The Hon. J. Kate Stickle presides
over the Debtors' cases.
The Debtors listed $50 million to $100 million in estimated assets
and $100 million to $500 million estimated liabilities.
McDermott Will & Emery LLP serves as counsel to the Debtors. The
Debtors' financial advisor is M3 Advisory Partners, LP; their
investment banker is Galaxy Digital Partners LLC; and their claims
and noticing agent is Stretto.
REBORN COFFEE: Inks $1.7M Licensing Deal With Arjomand Group
------------------------------------------------------------
Reborn Coffee, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Company entered
into a licensing agreement with Arjomand Group LLC, a limited
liability company owned and controlled by Farooq Arjomand who is
Chairman of the Company's Board of Directors.
Pursuant to the terms of the Licensing Agreement, the Company has
agreed to grant the Licensee a non-exclusive limited license to use
the Company's trademark and certain aspects of its coffee-brewing
business.
The term of the Licensing Agreement commences on the day that the
Licensee first offers the Company's coffee products for sale and
ends on the ten-year anniversary of that date. Under the terms of
the Licensing Agreement, the Licensee has the right to renew the
Licensing Agreement along similar terms and identical pricing. The
Licensee must notify the Company in writing of its intention to
exercise its Renewal Right, and it must exercise such Renewal Right
no less than 18 months prior to the Expiration Date.
The Renewal Right may only be exercised if the following conditions
are satisfied prior to the Expiration Date:
(i) the Licensee has performed its obligations under the
Licensing Agreement,
(ii) the Licensee has completed the remodeling and renovation
of its licensed locations to the specifications of the Company,
(iii) the Licensee has not committed three or more defaults
during any 12-month period during the term of the Licensing
Agreement,
(iv) the Licensee continues to comply with the terms and
conditions of the Licensing Agreement,
(v) the Licensee has satisfied the Company's qualification and
training requirements,
(vi) the Licensee has executed and delivered to the Company a
General Release (as defined in the Licensing Agreement),
(vii) the Licensee has paid a renewal fee of $2,500 and
(viii) the Licensee has executed the Renewal License Agreement
(as defined in the Licensing Agreement) and delivered it to the
Company.
The total license fee for the rights granted under the Licensing
Agreement is $1,700,000. On the Effective Date of the Licensing
Agreement, the Licensee will pay an initial non-refundable fee
equal to 10% of the total license fee. The remaining 90% will be
paid in three equal installments as follows:
(i) 30% on the first anniversary of the Effective Date,
(ii) 30% on the second anniversary of the Effective Date and
(iii) 30% on the third anniversary of the Effective Date.
The terms of the Licensing Agreement further provide for the
construction of a flagship Reborn Coffee store in the United Arab
Emirates. The terms also contemplate the Licensee's further
expansion of the Company's business into hospitality institutions
in the Middle East and Europe. They contain provisions concerning
store design, property leasing and training programs all of which
require the Company's oversight and approval. The Licensee is
obligated to ensure that this flagship store is open for business
within 180 days after the Effective Date.
The Licensing Agreement imposes obligations on the Licensee to
ensure that all licensed products fit the standard of quality of
the Company. It also includes customary licensing provisions
concerning advertising, trademark usage, approved suppliers,
confidentiality, accounting, insurance, assignment, prior knowledge
of trade secrets, non-competition and indemnification.
Pursuant to the terms of the Licensing Agreement, the Licensee will
not be entitled to, sublease, subcontract, award, transfer, or
enter into any other agreement in connection with any licensed
rights that would grant the right to possess, occupy or operate the
Company's core business.
A copy of the Licensing Agreement is available at
https://tinyurl.com/d4mwpve8
About Reborn Coffee
Brea, Calif.-based Reborn Coffee, Inc. (NASDAQ: REBN) is focused on
serving high quality, specialty-roasted coffee at retail locations,
kiosks, and cafes. Reborn is an innovative company that strives for
constant improvement in the coffee experience through exploration
of new technology and premier service, guided by traditional
brewing techniques. Reborn believes they differentiate themselves
from other coffee roasters through innovative techniques, including
sourcing, washing, roasting, and brewing their coffee beans with a
balance of precision and craft. For more information, please visit
www.reborncoffee.com.
Irvine, Calif.-based BCRG Group, the Company's auditor since 2024,
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's significant
operating losses raise substantial doubt about its ability to
continue as a going concern. Reborn incurred recurring net losses,
including net losses from operations before income taxes of $4.8
million and $4.7 million for the years ended December 31, 2024 and
2023, respectively. It used $3.5 million and $3.2 million cash for
operating activities during the years ended December 31, 2024 and
2023, respectively.
RED RIVER: Seeger Weiss Appointed Lead Settlement Counsel in MDL
----------------------------------------------------------------
Carl Baranauckas of Law360 reports that a New Jersey federal judge
presiding over the longstanding multidistrict litigation against
Johnson & Johnson involving its talcum powder products has
appointed Christopher A. Seeger of Seeger Weiss LLP to lead the
plaintiffs' negotiation team in upcoming settlement discussions.
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.
RENASCENCE INC: Gets OK to Use Cash Collateral Until Aug. 28
------------------------------------------------------------
Renascence, Inc. received interim approval from the U.S. Bankruptcy
Court for the Eastern District of North Carolina, Greenville
Division, to use cash collateral.
The order penned by Judge Pamela McAfee authorized the Debtor's
interim use of cash collateral until August 28 to pay essential
expenses in accordance with its budget, with 6% expense deviation
allowed.
The order granted the U.S. Small Business Administration and other
creditors with interest in the cash collateral a post-petition lien
on all cash, accounts, receivables and future receivables collected
by the Debtor during the interim period.
As additional protection, the Debtor must pay $3,700 to SBA by
August 5, and another $500 to be held in trust for the Subchapter V
trustee.
A final hearing is set for August 26.
The Debtor and SBA entered into a promissory note and security
agreement in 2020 and in 2021. The notes were secured by the
Debtor's cash, accounts, receivables, inventory, equipment,
software, insurance proceeds, tax refunds and other intangibles.
The Debtor estimates that the balance due on the notes is
$565,800.
A copy of the Debtor's budget is available at
https://shorturl.at/xcv96 from PacerMonitor.com.
About Renascence Inc.
Renascence, Inc. offers printing, publishing, mailing, embroidery,
signage, and retail office supply sales.
Renascence sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Banker. E.D. N.C. Case No. 25-01764) on May 12,
2025, listing up to $500,000 in assets and up to $10 million in
liabilities. Donald A. Stocks, Sr., president of Renascence, signed
the petition.
Judge Pamela W. Mcafee oversees the case.
The Debtor is represented by:
Christopher Scott Kirk, Esq.
C. Scott Kirk, Attorney At Law, PLLC
Tel: 252-689-6249
scott@csklawoffice.com
RENT-A-CHRISTMAS: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------------
Debtor: Rent-A-Christmas LLC
50 Broadway, Suite 200, #12
Hawthorne, NY 10532
Business Description: Rent-A-Christmas LLC rents fully decorated
Christmas trees, wreaths and garlands
complete with designer-curated styling,
pre-attached decor and lights, plus
door-to-door delivery, serving commercial,
residential, event and production clients
across the United States.
Chapter 11 Petition Date: July 29, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-22707
Judge: Hon. Sean H. Lane
Debtor's Counsel: Julie Cvek Curley, Esq.
KIRBY AISNER & CURLEY LLP
700 Post Road
Suite 237
Scarsdale, NY 10583
Tel: (914) 401-9500
E-mail: jcurley@kacllp.com
Total Assets: $218,208
Total Liabilities: $1,543,483
The petition was signed by Judah Parness as managing member.
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/Y6WBNGA/Rent-A-Christmas_LLC__nysbke-25-22707__0001.0.pdf?mcid=tGE4TAMA
RIVER FALL: Claims Will be Paid from Property Sale/Refinance
------------------------------------------------------------
River Fall 529 LLC filed with the U.S. Bankruptcy Court for the
District of Massachusetts a Disclosure Statement with respect to
Plan of Reorganization dated July 22, 2025.
The Debtor is a Massachusetts limited liability company formed on
or about June 13, 2023 to acquire and rehabilitate historic
property. Mr. Sylvan Quallo is the founder, sole owner, and manager
of the Debtor.
Contemporaneously with its formation, the Debtor purchased a
certain piece of real property located at 529 Eastern Avenue in
Fall River Massachusetts (the "Property"). The Property is improved
by a historic rectory building, which was originally part of the
Notre Dame de Lourds church complex. The church itself, originally
built in 1874, was destroyed in a catastrophic fire in 1982.
In order to locate potential investors, financial partners, or
acquirers, the Debtor filed an application to retain The OPAC
Group, which was allowed by order of the Bankruptcy Court dated
July 18, 2025. OPAC has been actively marketing the Property for
approximately six weeks and has received several expressions of
interest from potential investors and purchasers. As of July 18,
2025, four such parties have executed non-disclosure agreements and
received tax and other financial information regarding the
Property.
The Debtor plans to refinance or sell the Property to fund payments
to creditors under the Plan. The Debtor believes that the value of
the Property substantially exceeds the amount of Allowed Claims.
After payment of Secured, Administrative, Priority Claims, General
Unsecured Claims, and payment of, or reservation for, the amounts
necessary to administer the Plan, the balance of the proceeds will
be distributed to the Debtor.
Class 3 consists of General Unsecured Claims. The Debtor estimates
that the total amount of Class 3 claims is less than $10,000 based
upon the schedules of assets and liabilities filed in the case. In
addition, there is the claim of Mortgage Works for amounts advanced
to the Debtor during its chapter 11 case, which claim is
subordinated to the claims of all other creditors and receive a
distribution only after all other allowed claims against the Debtor
are paid in full.
Commencing upon the later of the 30th day following the Effective
Date or such date as the Claim becomes an Allowed Claim, in full
and complete satisfaction, settlement, release and discharge of the
Allowed General Unsecured Claims, the holders of Allowed General
Unsecured Claims shall receive payment of their Allowed General
Unsecured Claims: (i) in Cash, (ii) from the Net Proceeds of the
sale of the Property, (iii) in equal monthly installments for a
period of six months following the Effective Date, (iv) upon such
terms as is agreed to in writing between the Debtor and the holder
of an Allowed Class 3 Claim, or (v) upon such terms as may be
determined by the Bankruptcy Court.
Allowed Class 3 Claims may be impaired and the holder of such
Allowed General Unsecured Claims are entitled to vote to accept or
reject the Plan.
Class 4 consists of Equity Interests. The Debtor retains its equity
interests under the Plan and receives the remainder of the Assets,
if any, after payment in full of all Allowed classified and
unclassified claims in the Debtor's chapter 11 case. Class 4 is
presumed to be unimpaired under the Plan and is conclusively
presumed to have accepted the Plan and is not entitled to vote to
accept or reject the Plan on account of its Equity Interests.
Confirmation of the Plan shall constitute authorization for the
Debtor or the Reorganized Debtor to: (i) effectuate the Plan and to
enter into all documents, instruments and agreements reasonably
necessary to effectuate the terms of the Plan, and (ii) liquidate
any Assets remaining after the Effective Date. The Debtor shall
remain in existence as the Reorganized Debtor until dissolved
pursuant to the Plan.
The Plan provides that the Debtor's principal asset, a certain
piece of real estate located at 529 Eastern Avenue in Fall River,
Massachusetts (the "Property") will be re-financed or sold and the
proceeds made available for distribution to the holders of Allowed
Secured, Administrative, Priority, and Unsecured Claims. Such
proceeds will exceed the amount of all Allowed Claims.
A full-text copy of the Disclosure Statement dated July 22, 2025 is
available at https://urlcurt.com/u?l=xk1j8y from PacerMonitor.com
at no charge.
The firm can be reached at:
Christopher M. Condon, Esq.
Bowditch & Dewey, LLP
75 Federal Street Suite 1000
Boston, MA 02110
Tel: (617) 757-6500
About River Fall 529 LLC
River Fall 529 LLC is a single-purpose real-estate company that
owns the 529 Eastern Avenue property in Fall River, Massachusetts.
River Fall 529 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-10810) on April 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Christopher M. Condon, Esq. at
BOWDITCH & DEWEY LLP.
RUNITONETIME LLC: U.S. Trustee Appoints Creditors' Committee
------------------------------------------------------------
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of
RunItOneTime, LLC and its affiliates.
The committee members are:
1. Project Evergreen WA LLC
30 North LaSalle Street, Suite 4140
Chicago, IL 60602
773-389-6502
andrew.morris@blueowl.com
2. Paladin Technologies Inc.
Attention: Marc Carvajal
1350 Burrard Street, Suite 1350
Vancouver, BC V6B 4P6
800-783-0968
mcarvajal@paladintechnologies.com
3. CleanCo Bins LLC
Attention: Davon Evans
4547 Rainier Ave So. suite 508
Seattle, WA 98118
206-734-6794
cleancobins@gmail.com
4. Swire Pacific Holdings, Inc.
d/b/a Swire Coca-Cola, USA
Attention: Credit Risk Management
12634 South 265 West
Draper, UT 84020
813-285-0280
creditriskmanagement@ccbss.com
5. Aristocrat Technologies, Inc.
Attention: Christy Cahall, Esq
10220 Aristocrat Way
Las Vegas, NV 89135
Christy.cahall@aristocrat.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About RunItOneTime LLC
RunItOneTime LLC, formerly known as Maverick Gaming LLC,
headquartered in Kirkland, Washington, is a regional casino and
cardroom operator across Washington State, Nevada, and Colorado.
The company operates a portfolio of 31 properties, with 1,800 slot
machines, 350 table games, 1,020 hotel rooms, and 30 restaurants.
Maverick was founded in 2017 by Eric Persson and Justin Beltram,
who hold over 70% ownership in the company.
RunItOneTime LLC and 67 affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90191) on
July 14, 2025. In its petition, RunItOneTime estimated assets and
liabilities between $100 million and $500 million each.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Latham & Watkins LLP as counsel; and Hunton
Andrews Kurth LLP, as bankruptcy co-counsel. The Debtors also
engaged GLC Advisors & Co., LLC and GLC Securities, LLC, as
investment banker, and Triple P TRS, LLC as financial advisor. The
Debtors' tax advisor is KPMG LLP.
RYVYL INC: Arena Entities Hold 8.7% Equity Stake
------------------------------------------------
Arena Investors, LP, Arena Investors GP, LLC, Arena Special
Opportunities Partners III, LP, and Arena Special Opportunities
Partners III GP, LLC disclosed in a Schedule 13G filed with the
U.S. Securities and Exchange Commission that as of July 15, 2025,
they beneficially own 1,388,025 shares of Common Stock, $0.001 par
value, of RYVYL Inc., representing 8.7% of the 15,957,396 shares
outstanding, as reported by the Company in its Form S-1/A filed on
July 2, 2025. These shares are held directly by Arena Special
Opportunities Partners III, LP, with voting and dispositive power
solely held by the reporting persons.
Arena Investors, LP, et al. may be reached through:
Tsering Lama, Authorized Signatory
2500 Westchester Avenue, Suite 401
Purchase, New York 10577
Tel: 212-257-4178
A full-text copy of Arena Investors's SEC report is available at:
https://tinyurl.com/ysz47byt
About Ryvyl Inc.
San Diego, Calif.-based RYVYL Inc., together with its subsidiaries,
is a financial technology company that develops, markets, and sells
innovative blockchain-based payment solutions, which offer
significant improvements for the payment solutions marketplace. The
Company's core focus is to develop and monetize disruptive
blockchain-based applications, integrated within an end-to-end
suite of financial products, capable of supporting a multitude of
industries.
In its report dated March 28, 2025, the Company's auditor, Simon &
Edward, LLP, issued a 'going concern' qualification, attached to
the Company's Annual Report on Form 10-K for the year ended Dec.
31, 2024, noting that the transitioning of the Company's QuickCard
product in North America led to a significant decline in processing
volume and revenue, the recovery of these lost revenues is not
expected until late 2025. The loss of revenue resulting from this
business reorganization has jeopardized its ability to continue as
a going concern.
As of Dec. 31, 2024, RYVYL had $122.28 million in total assets,
$123.77 million in total liabilities, and a total stockholders'
deficit of $1.49 million.
SAKS GLOBAL: Moody's Cuts CFR to Caa3 & Alters Outlook to Negative
------------------------------------------------------------------
Moody's Ratings downgraded Saks Global Enterprises LLC's (Saks
Global), corporate family rating to Caa3 from Caa1 and its
probability of default rating to Caa3-PD from Caa1-PD. Moody's also
downgraded the company's senior secured notes to Ca from B3. The
outlook changed to negative from stable.
The downgrade reflects Moody's views of governance considerations,
particularly the company's very weak credit metrics, its weak free
cash flow generation and very high funded debt level. The
downgrade also incorporates Moody's expectations that the company's
operating performance and credit metrics will not meaningfully
improve over the next 12 months which Moody's believes has
contributed to a lower expected recovery for the senior secured
notes.
In addition, the company has secured $600 million of committed
financing from a group of its existing noteholders through the
issuance of new notes (SPV notes) at a wholly owned SPV. The
proceeds from this financing will fund an intercompany $400 million
first-in last out (FILO) asset-based credit facility and additional
commitments of $200 million subject to certain conditions. $300
million of the FILO has already been funded with an additional $100
million to be funded in connection with a note exchange. If the
company's proposed note exchange offer proceeds as outlined it will
be a limited default for the existing notes under Moody's
definitions of default as the exchange will be at less than par and
existing noteholders will be junior in priority to the new exchange
notes. Moody's expects to append the PDR with an /LD (limited
default) designation upon the closing of the exchange transaction.
The LD designation will be removed after three business days.
"Although the injection of $600 million in new liquidity is a near
term positive as it will alleviate the company's near term
liquidity pressures, Moody's do not view this to be a longer term
solution unless Saks Global can grow its topline, meaningfully
improve earnings and improve free cash flow generation", stated
Moody's Ratings Vice President Mickey Chadha.
The Ca rating of the senior secured notes reflects Moody's
expectations of lower recovery on the notes than was previously
expected due to their junior position in new the capital
structure.
RATINGS RATIONALE
The Caa3 CFR reflects the company's very high leverage, weak
liquidity position with negative free cash flow and expected
continued weak topline growth particularly of the Saks Fifth Avenue
business. Moody's expects Moody's-adjusted debt/EBITDA to be over
10.0x and (EBITDA-Capex)/interest expense to be not meaningful in
2025, excluding unrealized synergies and addbacks for costs to
achieve synergies. Saks Global will benefit from gradual synergy
realization, which the company estimates at a total run rate of
over $600 million, however Moody's expects savings to be partly
offset by investments in the business. In addition, the company's
earnings growth, synergy realization and return to positive free
cash flow are subject to execution risks, particularly in a
difficult consumer discretionary spending environment and given the
uncertainty around tariffs. A disruption in the company's inventory
flow during the previous holiday season and the subsequent
renegotiations with vendors resulted in a deterioration of the
company's liquidity as past due payments and borrowing base
constraints resulted in more than expected usage under the
company's $1.8 billion ABL revolver. Availability under the
revolver was $303 million at the end of the first quarter ended May
03, 2025. The new money raise will improve liquidity but Moody's
believes the company will still burn cash in 2025.
The negative outlook reflects the high excecution risk and
uncertainty surrounding the improvement in the company's operating
performance, credit metrics and cash flows.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
An upgrade would require a reduction in the likelihood of default
and sustained improvement in operating performance and liquidity
such that it would allow the company improve funded debt/EBITDA and
interest coverage to a more sustainable level and improve the
estimated debt instrument recoveries.
The ratings could be downgraded if earnings do not improve or
liquidity is worse than projected, estimated recoveries are less
than expected or should the company fail to make its scheduled
interest or principal payments or file for bankruptcy.
Headquartered in New York, NY, Saks Global Enterprises LLC operates
full-line Saks Fifth Avenue, Neiman Marcus, and Bergdorf Goodman
stores and off-price SaksOFF5TH and Neiman Marcus Last Call stores.
Total proforma revenue was $7.7 billion for fiscal year 2024.
The principal methodology used in these ratings was Retail and
Apparel published in November 2023.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
SCHULTE INC: Gets OK to Use $154K in Cash Collateral Until Oct. 31
------------------------------------------------------------------
The U.S. Bankruptcy Court for the District of New Hampshire
approved Schulte Inc.'s sixth motion to use cash collateral from
August 1 to October 31 or until the order confirming its third
amended Chapter 11 plan becomes final, whichever comes first.
The court authorized Schulte to use up to $154,837 for ordinary
business expenses and adequate protection payments during this
period.
As protection for the Debtor's use of their cash collateral, the
U.S. Small Business Administration and other secured creditors will
be granted replacement liens on property acquired by the Debtor
after its bankruptcy filing.
The replacement liens do not apply to any Chapter 5 avoidance
actions.
As additional protection, the Debtor was ordered to make a monthly
payment of $811 to SBA and $33,270.32 to secured creditors such as
Ally Bank and Oakmont Capital Holdings, LLC.
The next hearing is scheduled for October 29.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/1XoTA from PacerMonitor.com.
SBA has a first priority lien on "ordinary cash collateral," which
is cash generated through regular business operations.
Other creditors have valid, perfected security interests in
specific equipment, which include Caterpillar Financial Services
Corporation, First Citizens Bank & Trust., Mitsubishi HC Capital
America, Inc., Volvo Financial Services, and Wells Fargo.
About Schulte Inc.
Schulte Inc., a company in Newton, N.H., filed its voluntary
Chapter 11 petition (Bankr. D.N.H. Case No. 24-10225) on April 8,
2024, with $1 million to $10 million in both assets and
liabilities.
Judge Bruce A. Harwood oversees the case.
The Debtor is represented by:
William S. Gannon
William S. Gannon PLLC
Tel: 603-621-0833
Email: bgannon@gannonlawfirm.com
SENOIA DRUG: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
Senoia Drug Co Inc. got the green light from the U.S. Bankruptcy
Court for the Northern District of Georgia, Newnan Division, to use
cash collateral.
The court authorized the Debtor's interim use of cash collateral
until August 20 to pay operating expenses in accordance with its
budget.
The Debtor was also authorized to fund a post-petition escrow for
payment of the Subchapter V trustee's fees in the amount of $1,000
per month to be held in escrow by the Debtor's counsel pending
further court order.
As protection for the Debtor's use of their cash collateral,
secured creditors will be granted replacement liens on assets
acquired by the Debtor after the bankruptcy filing similar to their
pre-bankruptcy collateral.
The replacement liens will have the same validity and priority as
the secured creditors' pre-bankruptcy liens.
The secured creditors are AmerisourceBergen Drug Corporation; Five
Star Bank; PioneerRx, LLC; Lendistry SBLC, LLC; C T Corporation
System as representative; CHTD Company as representative;
Corporation Service Company as representative; BayFirst National
Bank; Celtic Bank Corporation, Greyhaven Partners; ODK Capital, LLC
doing business as OnDeck; Small Business Financial Solutions, LLC
doing business as Rapid Finance; and WebBank.
A court hearing is set for August 20.
BayFirst National Bank is represented by:
A. Todd Sprinkle, Esq.
Parker Poe Adams & Bernstein, LLP
1075 Peachtree Street NE, Suite 1500
Atlanta, GA 30309
Phone: 678.690.5702
Fax: 404.869.6972
toddsprinkle@parkerpoe.com
About Senoia Drug Co Inc.
Senoia Drug Co Inc. operates a full-service retail pharmacy in
Senoia, Georgia. The Company provides prescription medications,
compounding services, immunizations, medication therapy management,
durable medical equipment. It also offers local delivery and
digital refill services through a mobile app.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-11060) on July 21,
2025. In the petition signed by J. Bryan Hazelton, chief executive
officer, the Debtor disclosed up to $50,000 in assets and up to $10
million in liabilities.
Bethany Strain, Esq., at Jones and Walden, LLC, represents the
Debtor as legal counsel.
SHARPLINK GAMING: Acquires 79,949 ETH Using $97M ATM Proceeds
-------------------------------------------------------------
SharpLink Gaming, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission updates of its ETH
holdings and At-the-Market Facility.
ETH Update:
During the period from July 14, 2025 through July 20, 2025, the
Company acquired 79,949 ETH for an aggregate purchase price of
approximately $258.9 million (inclusive of fees and expenses) at a
weighted average purchase price per ETH of $3,238 (inclusive of
fees and expenses).
The purchases were made using the proceeds the Company received
from the ATM Facility as described herein.
The Company engages in staking activities with respect to its ETH.
As of July 20, 2025, substantially all of the ETH Holdings were
deployed in staking ("Staking Activities").
As of July 20, 2025, the Company's aggregate ETH Holdings were
360,807. Additionally, as of the same date, the Company has
generated 567 ETH staking rewards, since launching its ETH treasury
strategy on June 2, 2025.
The Company notes that aspects of its Staking Activities may be
subject to government regulation and guidance subject to change.
At-the-Market Facility:
During the period from July 14, 2025, through July 20, 2025, the
Company sold a total of 3,761,110 shares of the Company's common
stock, par value $0.0001 per share, for net proceeds of
approximately $96.6 million pursuant to the ATM Facility.
In a press release, the Company announced Key Highlights for the
Week Ending July 20, 2025:
* ETH holdings rose to 360,807 ETH, up 29% from the previous
week.
* 79,949 ETH were purchased, the highest weekly amount in the
historical reporting periods.
* Average ETH purchase price for the week was $3,238.
* ETH Concentration rose to 3.06 - up 53% since the Company
launched its digital treasury strategy, with $96.6 million ATM net
proceeds yet to be deployed to purchase more ETH.
* Total ETH staking rewards have risen to 567 since the
Company launched its digital treasury strategy on June 2, 2025.
Joseph Lubin, SharpLink Chairman, Co-Founder of Ethereum and
Founder and CEO of Consensys stated in the press release: "We
continue to strategically leverage our ATM facility to build our
ETH treasury in pursuit of our long-term growth objectives. The
continued strength of ETH and our ability to acquire significant
volume at opportunistic prices support our aim to continue
enhancing ETH concentration and shareholder value through
disciplined execution of our treasury growth strategies."
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).
SILVER AIRWAYS: Gets Court OK to Convert Chapter 11 to Chapter 7
----------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports a bankruptcy judge
has authorized the conversion of Silver Airways LLC's case from
Chapter 11 to Chapter 7 liquidation, following the airline's
shutdown last June 2025.
In a Monday, July 28, 2025, court filing, Judge Peter D. Russin of
the U.S. Bankruptcy Court for the Southern District of Florida
approved Chapter 11 trustee Soneet Kapila's request, finding "good
cause" for the move.
Silver Airways filed for Chapter 11 in December 2024 and completed
the sale of its assets in June 2025. The airline announced it
ceased operations on June 11 after its restructuring efforts in
bankruptcy proved unsuccessful.
About Silver Airways
Silver Airways, LLC is a regional U.S. airline operating flights
between gateways in Florida, the Southeast and The Bahamas. The
Silver Airways fleet is comprised of modern, state of the art
aircraft with reliable, fuel-efficient turbo-prop engines.
In the summer of 2018, Silver completed the acquisition of Seaborne
Airlines, a San Juan, Puerto Rico-based air carrier serving
destinations throughout Puerto Rico, the U.S. Virgin Islands, and
other countries in the Caribbean. Seaborne provides connections
throughout the Caribbean via the carrier's hub in San Juan, while
also serving as the most critical link between St. Croix and St.
Thomas with the carrier's seaplane operation.
Silver Airways and Seaborne Virgin Islands, Inc. filed Chapter 11
petitions (Bankr. S.D. Fla. Lead Case No. 24-23623) on Dec. 30,
2024. At the time of the filing, Silver Airways reported $100
million to $500 million in assets and liabilities while Seaborne
reported $1 million to $10 million in assets and liabilities.
Judge Peter D. Russin oversees the cases.
Brian P. Hall, Esq., is the Debtors' legal counsel.
Brigade Agency Services, LLC, as lender, is represented by Frank P.
Terzo, Esq., at Nelson Mullins Riley & Scarborough, LLP.
Argent Funding LLC and Volant SVI Funding LLC, as lenders, are
represented by Regina Stango Kelbon, Esq. at Blank Rome, LLP.
Lawyers at Tucker Arensberg, P.C. represent Argentum Acquisition
Co., LLC, emerged as the winning bidder for the airline's assets
with an offer of $5,755,000 in cash plus additional amounts and the
assumption of certain liabilities.
SILVERGATE CAPITAL: Court Denies $89MM Chapter 11 Claim
-------------------------------------------------------
Clara Geoghegan of Law360 Bankruptcy Authority reports that on
Tuesday, July 29, 2025, a Delaware bankruptcy judge rejected an $89
million breach of contract claim in Silvergate Bank's Chapter 11
case, finding that the bank's insolvent parent never agreed to sell
a loan to the bitcoin-focused financial firm in 2023.
About Silvergate Capital Corporation
Silvergate Capital Corporation is a Maryland corporation
headquartered in La Jolla, Calif. Until July 1, 2024, it was a bank
holding company subject to supervision by the Board of Governors of
the Federal Reserve.
Silvergate Capital Corporation filed voluntary Chapter 11 petition
(Bankr. D. Del. Lead Case No. 24-12158) on Sept. 17, 2024, listing
$100 million to $500 million in assets and $10 million to $50
million in liabilities. The petitions were signed by Elaine Hetrick
as chief administrative officer.
Judge Karen B. Owens oversees the case.
Paul N. Heath, Esq., at Richards, Layton & Finger, P.A. represents
the Debtor as legal counsel.
SOLUNA HOLDINGS: Secures $20M for 35MW Project Kati Expansion
-------------------------------------------------------------
Soluna Holdings, Inc. announced that it has closed its latest round
of financing from Spring Lane Capital for a 35-megawatt (MW)
expansion of Project Kati in Texas with Project Kati 1.
With these funds, Soluna will commence Project Kati 1 construction
in Q3 2025, with the goal of achieving initial energization and
ramp-up by Q1 2026.
"Spring Lane Capital has walked alongside Soluna on our path to
growth since the beginning with an investment in Project Dorothy,"
said John Belizaire, CEO of Soluna. "We expect these funds to fuel
the construction of the first 35MW of the 83MW phase of Kati 1,
which expands Soluna's Texas fleet for Bitcoin Hosting."
Key details:
* Financial Structure and Equity Ownership: Soluna expects
that the $20 million will fully cover the project's funding needs,
including working capital. Kati 1 continues the superior waterfall
structure and enhanced management and development fees, allowing
Soluna to benefit from substantial current income during the
construction and operational phases.
* Construction Timeline: The parties intend to commence
Project Kati 1 construction in Q3 2025, with the goal of achieving
initial energization and ramp-up by Q1 2026.
* Capacity and Technology: The new facility is designed to
accommodate approximately 12,000 next-generation Bitcoin mining
rigs.
* SLC's Expanded Financial Support: SLC and Soluna previously
signed an agreement to extend up to $100M of additional
project-level capital for Soluna's growing data center pipeline for
Bitcoin and AI, subject to certain conditions precedent.
* Fund 2 Investment: SLC deployed its capital from its second
private equity fund, Spring Lane Capital Fund II, which is twice
the size of its initial fund. The fund is lined up to provide up to
$4 million in Development Expenditure (DevEx) financing for
Soluna's long-lead equipment purchases.
* Project Approvals: Kati 1 already has all the necessary
ERCOT planning approvals. An ERCOT model update will be submitted
at least 90 days before energization.
"We continue to invest in and be strategic supporters of Soluna
because they continue to take steps toward sustainable
high-performance computing and meeting green data center demand,"
said Rob Day at Spring Lane Capital. "We're looking forward to
construction getting underway at Project Kati so that Soluna can
continue expanding its green computing power."
For more information, visit www.solunacomputing.com
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: Seeks Chapter 11 Bankruptcy in New Mexico
---------------------------------------------------------
On July 28, 2025, Southwest Fire Defense LLC filed Chapter 11
protection in the District of New Mexico. According to court
filing, the Debtor reports $1,530,318 in debt owed to 1 and 49
creditors. The petition states funds will not be available to
unsecured creditors.
About Southwest Fire Defense LLC
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.
Southwest Fire Defense LLC relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.M. Case No. 25-10924) on July 28,
2025. In its petition, the Debtor reports total assets of $706,464
and total liabilities of $1,530,318.
Honorable Bankruptcy Judge Robert H. Jacobvitz handles the case.
The Debtor is represented by Chris Gatton, Esq. at GATTON &
ASSOCIATES, P.C.
SOUTHWEST FT WORTH: Court Extends Cash Collateral Access to Aug. 4
------------------------------------------------------------------
Southwest Ft Worth Memory Care, LLC received third interim approval
from the U.S. Bankruptcy Court for the Northern District of Texas,
Fort Worth Division, to use cash collateral to pay its operating
expenses.
The order penned by Judge Mark Mullin authorized the Debtor's
interim use of cash collateral through August 4 in accordance with
its monthly budget.
PSF II Dutch Branch, LLC, a secured lender, asserts pre-bankruptcy
liens on substantially all of the Debtor's assets, including cash
and accounts.
As adequate protection for the Debtor's use of its cash collateral,
the lender will be granted post-petition liens on the Debtor's
assets and the proceeds thereof. The replacement liens do not apply
to any Chapter 5 claims.
As further protection, the Debtor was ordered to keep the secured
lender's collateral fully insured.
The Debtor's authority to use cash collateral terminates upon
dismissal or conversion of its Chapter 11 case; the appointment of
a trustee or examiner; cessation of operations; non-compliance with
or default by the Debtor of the terms of the order; the granting of
claim or lien to another creditor that is equal or superior in
priority; or the lifting of the automatic stay to allow any
creditor to proceed against any asset of the Debtor valued at
$75,000 or more.
A final hearing is scheduled for August 4.
About Southwest Ft Worth Memory Care
Southwest Ft Worth Memory Care, LLC, doing business as Autumn
Leaves of Cityview, is a U.S. senior-living operator that
specializes exclusively in assisted-living and stand-alone
communities for residents with Alzheimer's disease and other forms
of dementia.
Headquartered in Grapevine, Texas, Southwest designs, owns or
manages purpose-built "Autumn Leaves" communities in Texas and
Illinois, offering 24-hour nursing, dementia-trained staff,
"Inspired Connections" life-engagement programs and on-site dining,
salon and rehab services.
Southwest sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Texas Case No. 25-41419) on April 23, 2025. In
its petition, the Debtor reported between $1 million and $10
million in assets and between $10 million and $50 million in
liabilities.
Judge Mark X. Mullin handles the case.
Joyce W. Lindauer, Esq., at Joyce W. Lindauer Attorney, PLLC is the
Debtor's legal counsel.
PSF II Dutch Branch, LLC, as secured lender, is represented by:
Kevin M. Lippman, Esq.
Munsch Hardt Kopf & Harr, P.C.
500 N. Akard Street, Suite 4000
Dallas, TX 75201-6659
Telephone: (214) 855-7565
Facsimile: (214) 978-5335
klippman@munsch.com
SUNNOVA ENERGY: Committee Hires Berkeley as Financial Advisor
-------------------------------------------------------------
The official committee of unsecured creditors of Sunnova Energy
International Inc. and its affiliates seeks approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Berkeley Research Group, LLC as financial advisor.
The firm will provide these services:
a) develop strategies to maximize recoveries from the Debtors'
assets and advise and assist the Committee with such strategies,
including development of recovery models for use by the unsecured
creditors;
b) monitor liquidity and cash flows throughout the Cases and
scrutinize cash disbursements and capital requirements, including,
but not limited to, critical vendor payments, employee severance
payments, and other payments permitted pursuant to first day
motions;
c) develop and issue periodic monitoring reports to enable the
Committee to effectively evaluate the Debtors' performance relative
to projections and any relevant operational issues, including
liquidity, any 363-sale processes, any sales of equity or debt
securities / capital raise and subsequent wind-down activities on
an ongoing basis;
d) advise and assist the Committee in its analysis and
monitoring of the historical, current and projected financial
affairs of the Debtors, including, schedules of assets and
liabilities, statement of financial affairs, and monthly operating
reports;
e) advise and assist the Committee with respect to any
debtor-in-possession financing arrangements and/or use of cash
collateral including evaluation of asserted liens thereon;
f) analyze both historical and ongoing intercompany and/or
related party transactions and/or material unusual transactions of
the Debtors and non-debtor affiliates. Such analysis to include
developing an oversight protocol with the Debtors' advisors to
closely monitor such transactions to prevent value leakage;
g) advise and assist the Committee in its assessment of the
Debtors' employee needs and related costs, including any recent
(including prepetition) employee bonuses or retention payments and
any proposed employee bonuses such as any proposed Key Employee
Incentive Plan or Key Employee Retention Plan for the Debtors'
insiders and employees, and providing expert testimony related
thereto;
h) evaluate the Debtors' and non-debtors' business
plan/operational restructuring, including the impact of industry
trends, customer programs, and their impact to actual and
forecasted financial results as well as monitoring the
implementation of related strategic initiatives;
i) prepare valuations of the Debtors' assets, including the
value of equity of any consolidated and/or publicly traded
subsidiary;
j) identify and develop strategies related to the Debtors'
intellectual property;
k) advise and assist the Committee in reviewing and evaluating
any court motions (including any assumption or rejection motions or
objections thereto), applications, or other forms of relief filed
or to be filed by the Debtors, or any other parties-in-interest;
l) advise and assist the Committee and Counsel in their review
of any potential prepetition liens of secured parties;
m) advise the Committee with respect to any potential preference
payments, fraudulent conveyances, and other potential causes of
action that the Debtors' estates may hold against insiders and/or
third parties and assist with any investigations related to such
matters as required;
n) identify and assess the value of unencumbered assets;
o) as appropriate and in concert with the Committee's other
professionals, analyze and monitor any sale processes and
transactions and assess the reasonableness of the process and the
consideration received;
p) assist with the development and review of a cost/benefit
analysis with respect to the assumption or rejection of various
executory contracts and leases;
q) monitor the Debtors' claims management process, including
analyzing guarantees and claims by entity, including preparing
related summaries;
r) review and provide analysis of any bankruptcy plan and
disclosure statement relating to the Debtors including, if
applicable, the development and analysis of any bankruptcy plans
proposed by the Committee to assess their achievability;
s) attend Committee meetings, court hearings, and auctions as
may be required;
t) work with the Debtors' tax advisors to ensure that any
restructuring or sale transaction is structured to minimize tax
liabilities to the estate as well as assist with the review of any
tax issues associated with, for example, claims/stock trading,
preservation of net operating losses, and refunds from any plan of
reorganization and/or asset sales;
u) work with the Debtors' bankruptcy professionals on matters
outlined above, as necessary; and
v) provide other services as may be requested from time to time
by the Committee and its counsel, consistent with the role of a
financial advisor including rendering expert testimony, issuing
expert reports and/or preparing for litigation, valuation and/or
forensic analyses that have not yet been identified but as may be
requested from time to time by the Committee and its Counsel.
The firm will be paid at these rates:
Managing Directors $1,140 to $1,395 per hour
Associate Directors & Directors $900 to $1,100 per hour
Professional Staff $445 to $885 per hour
Support Staff $185 to $395 per hour
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
David Galfus, Esq., a partner at Berkeley Research Group, LLC as
Financial Advisor., disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
David Galfus
Berkeley Research Group LLP
307 International Circle, Suite 400
Hunt Valley, MD 21030
Tel: (443) 391-1050
About Sunnova Energy International Inc.
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on June 8,
2025. In its petition, the Debto reports estimated assets and
liabilities between $10 billion and $50 billion each.
The Debtor is represented by Jason Gary Cohen, Esq. at Bracewell,
LLP.
SUNNOVA ENERGY: Committee Hires Blank Rome LLP as Co-Counsel
------------------------------------------------------------
The official committee of unsecured creditors of Sunnova Energy
International Inc. and its affiliates seeks approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ Blank
Rome LLP as co-counsel.
The firm's services include:
a. advising the Committee in connection with its powers and
duties under the Bankruptcy Code, the Bankruptcy Rules, and the
Bankruptcy Local Rules;
b. assisting and advising the Committee in its consultation with
the Debtors relative to the administration of these chapter 11
cases;
c. attending meetings and negotiating with the representatives
of the Debtors and other parties-in-interest;
d. assisting and advising the Committee in its examination and
analysis of the conduct of the Debtors' affairs;
e. assisting and advising the Committee in connection with any
sale of the Debtors' assets pursuant to section 363 of the
Bankruptcy Code, including participation in the negotiation,
formulation, and drafting of bidding procedures, and the review of
the Debtors' rights and obligations under the proposed stalking
horse agreements and any other bids for the Debtors' assets;
f. responding to inquiries from individual creditors as to the
status of, and developments in, these cases;
g. assisting and advising the Committee with respect to the 341
meeting of creditors and communications with the general creditor
body regarding significant matters in these cases;
h. assisting the Committee in its analysis of, and negotiations
with the Debtors or any third party with respect to the Debtors'
rights and obligations under leases and executory contracts,
including, assisting, advising, and representing the Committee in
any manner relevant to the assumption and rejection of executory
contracts and unexpired leases;
i. assisting, advising, and representing the Committee in
investigating the acts, conduct, assets, liabilities (including in
its review of the Debtors' Schedules of Assets and Liabilities,
Statement of Financial Affairs, and other reports prepared by the
Debtors), and financial condition of the Debtors, the Debtors'
operations, and the desirability of the continuance of any portion
of those operations, whether via sale or otherwise;
j. assisting and advising the Committee in connection with its
due diligence review of the Debtors' various asset- and loan-backed
securitizations;
k. assisting the Committee in any manner relevant to the
Debtors' D&O insurance policies, including the analysis of such
policies and assessment of available coverages for estate D&O
claims;
l. assisting and advising the Committee in connection with
matters uniquely affecting dealer and consumer constituencies;
m. taking all necessary actions to protect and preserve the
interests of the Committee, including: (i) possible prosecution of
actions on its behalf; (ii) if appropriate, negotiations concerning
all litigation in which the Debtors are involved; and (iii) if
appropriate, review and analysis of claims filed against the
Debtors' estates;
n. generally preparing on behalf of the Committee all necessary
motions, applications, answers, orders, reports, replies,
responses, and papers in support of positions taken by the
Committee;
o. appearing, as appropriate, before this Court, the appellate
courts, and the U.S. Trustee, and protecting the interests of the
Committee before those courts and before the U.S. Trustee; and
p. performing all other necessary legal services in these
chapter 11 cases, including in support of the scope of services set
forth in the retention application of the Committee's proposed
co-counsel, Willkie.
The firm will be paid at these rates:
Partners/Senior Counsel $750 to $1,545 per hour
Associates $600 to $980 per hour
Paraprofessionals $250 to $650 per hour
Regina S. Kelbon, Partner $1,215 per hour
Michael B. Schaedle, Partner $1,155 per hour
Joseph M. Welch, Partner $925 per hour
Ira L. Herman, Senior Counsel $1,395 per hour
Matthew E. Kaslow, Associate $820 per hour
Jennifer K. Malow, Associate $750 per hour
Lawrence R. Thomas, Associate $695 per hour
Jordan Williams, Associate $665 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
As required by the Guidelines for Reviewing Applications for
Compensation and Reimbursement of Expenses Filed Under 11 U.S.C.
Section 330 by Attorneys in Larger Chapter 11 Cases, Effective
November 1, 2013 (the "UST Guidelines"), the Committee responds to
the questions set forth in Section D.1 of the UST Guidelines as
follows:
a. Blank Rome did not agree to a variation of its standard or
customary billing arrangement for this engagement;
b. None of the professionals included in this engagement have
varied their rate based on the geographic location of these chapter
11 cases;
c. Blank Rome did not represent the Committee prior to the
Petition Date; and
d. Blank Rome has prepared a proposed staffing plan and budget
for approval by the Committee in coordination with Willkie. The
Blank Rome attorneys and paraprofessionals staffed on this case,
subject to modification depending upon further development.
Mr. Welch disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Joseph M. Welch, Esq.
Blank Rome LLP
4 Park Plaza Suite 450
Irvine, CA 92614
Tel: (949) 812-6000
About Sunnova Energy International Inc.
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on June 8,
2025. In its petition, the Debto reports estimated assets and
liabilities between $10 billion and $50 billion each.
The Debtor is represented by Jason Gary Cohen, Esq. at Bracewell,
LLP.
SUNNOVA ENERGY: Committee Hires Willkie Farr as Co-Counsel
----------------------------------------------------------
The official committee of unsecured creditors of Sunnova Energy
International Inc. and its affiliates seeks approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Willkie Farr & Gallagher LLP as co-counsel.
The firm's services include:
a. assisting and advising the Committee in connection with
various Bankruptcy Court relief sought by the Debtors, including
with respect to the "first day" motions;
b. assisting and advising the Committee in the evaluation and
preservation of any claims and on any litigation matters, including
avoidance actions, matters involving KKR, releases under the ASPA
settlement, or any other releases, and claims against directors and
officers and any other party;
c. assisting and advising the Committee in any manner relevant
to the Debtors' tax attributes and the preservation of such
attributes under a plan or through a sale of assets;
d. assisting and advising the Committee in connection with the
Debtors' proposed debtor-in-possession financing facility;
e. assisting the Committee in the review, analysis, and
negotiation of any chapter 11 plan(s) of reorganization or
liquidation that may be filed and assisting the Committee in the
review, analysis, and negotiation of the disclosure statement
accompanying any such plan(s);
f. assisting and advising the Committee in analyzing claims
asserted against and interests in the Debtors, their affiliates and
related parties, negotiating with the holders of such claims and
interests, and bringing or participating in objections or
estimation proceedings with respect to such claims and interests;
g. assisting and advising the Committee in connection with the
Bankruptcy Local Rules and the practices in the Southern District
of Texas;
h. generally preparing on behalf of the Committee all necessary
motions, applications, answers, orders, reports, replies,
responses, and papers in support of positions taken by the
Committee, and appearing, as appropriate, before this Court and any
appellate courts, and protecting the interests of the Committee
before those courts and before the U.S. Trustee with respect to any
of the above; and
i. performing all other necessary legal services in these
chapter 11 cases, including in support of the scope of services set
forth in the retention application of the Committee's proposed
co-counsel, Blank Rome LLP ("Blank Rome").
The firm will be paid at these rates:
Partners/Senior Counsel $1,825 to $2,500 per hour
Associates/Law Clerks $625 to $1,625 per hour
Paraprofessionals $380 to $650 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Miller disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Brett H. Miller, Esq.
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019
Tel: (212) 728-8000
About Sunnova Energy International Inc.
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on June 8,
2025. In its petition, the Debto reports estimated assets and
liabilities between $10 billion and $50 billion each.
The Debtor is represented by Jason Gary Cohen, Esq. at Bracewell,
LLP.
SUNNOVA ENERGY: Lenders Succeed in Purchasing Co.'s Assets
----------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law report that a group of
Sunnova Energy's lenders successfully bid to acquire nearly all of
the bankrupt solar company's assets through a deal valued at $90
million in loan credit, $25 million in cash, and the assumption of
certain liabilities and facilities.
In a notice filed Tuesday, July 29, 2025, with the U.S. Bankruptcy
Court for the Southern District of Texas, the lenders agreed to
raise the cash component from $10 million and apply a credit bid
that includes the remaining principal, interest, and fees from a
loan used to finance operations during the bankruptcy. The deal
also covers $3 million in cure costs.
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on June 8,
2025. In its petition, the Debto reports estimated assets and
liabilities between $10 billion and $50 billion each.
The Debtor is represented by Jason Gary Cohen, Esq. at Bracewell
LLP.
TEAM HEALTH: Moody's Hikes CFR to 'B3', Outlook Stable
------------------------------------------------------
Moody's Ratings upgraded Team Health Holdings, Inc.'s ("Team
Health") Corporate Family Rating to B3 from Caa1 and Probability of
Default Rating to B3-PD from Caa1-PD.
Moody's also assigned Caa1 to Team Health's new senior secured term
loan due June 2028 and its new senior secured bonds, also due June
2028. There is no change to the Caa2 rating on the senior secured
term loan B which will be withdrawn at transaction close. The
outlook is stable.
The upgrade of Team Health's ratings reflects a decreased
likelihood of default, driven by the company's proposed refinancing
of its existing Term Loan B due 2027 with new senior secured term
loan due June 2028 and new senior secured bonds due June 2028. The
refinancing will prevent the activation of the provision that would
otherwise accelerate the maturity of the company's revolving credit
facility due in March 2028, its first lien notes due in June 2028,
and its second lien notes due in January 2029, to early December
2026. The ratings upgrade also considers the sustained improvement
in the company's operating performance and gradual deleveraging
observed in recent quarters. Team Health has benefited from a
recovery in business volumes, internal cost rationalization, and
the successful resolution of payment disputes with commercial
health insurance companies. Looking forward, Moody's anticipates
that Team Health will maintain an adjusted debt-to-EBITDA ratio in
the mid-6x range over the next 12 to 18 months.
Governance risk consideration is material to the rating action. The
refinancing transaction, which extends the company's maturity
profile, combined with strong operating performance, have
significantly improved the company's credit profile.
RATINGS RATIONALE
Team Health's B3 CFR reflects its moderately high financial
leverage at 6.9x as of LTM 6/30/25, low albeit gradually improving
EBITDA margin and free cash flow due to high debt service costs,
and a challenging operating environment. Team Health has improved
its operating performance in recent quarters after a difficult 2023
performance. Moody's expects continued EBITDA growth and financial
leverage to decline to the mid-6x range in the next 12-18 months.
The rating is supported by Team Health's large scale and strong
competitive position in the physician staffing industry.
Moody's expects Team Health's liquidity to remain adequate. At the
end of June 2025, the company had approximately $120 million in
cash and $240 million available on its revolver. Moody's expects
that the company will generate positive free cash flow of $90-110
million (including cash conserved from paying up to $63 million
interest in-kind) in the next 12 months.
The stable outlook reflects Moody's expectations for the company to
continue to moderately deleverage primarily through earnings
growth.
The company's new senior secured term loan and new senior secured
bonds are rated Caa1. The Caa1 instrument rating reflects limited
and inferior quality of collateral support compared to what is
available to the company's other tranches of debt (i.e., unrated
revolver/1st lien notes/2nd lien notes).
Marketing terms for the new credit facilities (final terms may
differ materially) include the following: Incremental pari passu
debt capacity up to the greater of $175 million and 35% of EBITDA,
plus unlimited amounts subject to 4.85x first lien net leverage,
with no inside maturity sublimit. A "blocker" provision restricts
the transfer of material intellectual property to unrestricted
subsidiaries. Transfers to unrestricted subsidiaries are only
permitted up to the unrestricted subsidiary investment carve-out
capacity. The credit agreement provides some limitations on
up-tiering transactions, requiring affected lender consent for
amendments that subordinate the debt and liens unless such lenders
can ratably participate in such priming debt.
A comprehensive review of all credit ratings for the respective
issuer(s) has been conducted during a rating committee
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Team Health's ratings could be downgraded if the company's
liquidity deteriorates or if free cash flow turns negative.
Earnings decline or margin compression could also lead to a ratings
downgrade.
The ratings could be upgraded if Team Health improves its operating
performance and profitability, maintains good liquidity and
financial leverage below 6.0x.
Team Health Holdings, Inc., headquartered in Knoxville, TN, is a
provider of physician staffing and administrative services to
hospitals and other healthcare providers in the US Team Health
Holdings, Inc. is owned by private equity investor Blackstone Inc.
and its revenue for the 12 months ended on March 31, 2025 was
approximately $5.9 billion.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
THUNDER RIDE: Seeks to Hire Wadsworth Garber as Counsel
-------------------------------------------------------
Thunder Ride Inc. seeks approval from the U.S. Bankruptcy Court for
the District of Colorado to employ Wadsworth Garber Warner
Conrardy, P.C. as counsel.
The firm will provide these services:
a. preparation on behalf of Debtor of all necessary reports,
orders, and other legal papers required in this Chapter 11
proceeding;
b. performance of all legal services for Debtor as
debtor-in-possession which may become necessary herein; and
c. representation of Debtor in any litigation which Debtor
determines is in the best interest of the estate, whether in state
or federal court(s).
The firm will be paid at these rates:
David V. Wadsworth $500 per hour
Aaron A. Garber $500 per hour
David J. Warner $425 per hour
Aaron J. Conrardy $425 per hour
Hallie Cooper $225 per hour
Paralegals $125 per hour
The firm received a retainer from the Debtor in the amount of
$40,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
David J. Warner, Esq., a partner at Wadsworth Garber Warner
Conrardy, P.C., disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
David J. Warner, Esq.
Wadsworth Garber Warner Conrardy, P.C.
2580 West Main Street, Suite 200
Littleton, CO 80128
Tel: (303) 296-1999
Fax: (303) 296-7600
Email: dwarner@wgwc-law.com
About Thunder Ride Inc.
Thunder Ride Inc., doing business as Tri-City Cycle, operates a
powersports dealership offering motorcycles, ATVs, UTVs, boats,
parts, and repair services. The Company serves customers in
Loveland, Colorado, and surrounding areas. It also provides
products from major brands such as Yamaha, Honda, Kawasaki, and
KTM.
Thunder Ride Inc. in Loveland, CO, sought relief under Chapter 11
of the Bankruptcy Code filed its voluntary petition for Chapter 11
protection (Bankr. D. Colo. Case No. 25-14589) on July 23, 2025,
listing $50,000 to $100,000 in assets and $10 million to $50
million in liabilities. Enoch Amoah as president, signed the
petition.
Judge Joseph G. Rosania Jr. oversees the case.
WADSWORTH GARBER WARNER CONRARDY, P.C. serve as the Debtor's legal
counsel.
TRANSOCEAN LTD: Swaps $157M Bonds for 59M Shares
------------------------------------------------
As previously announced, a subsidiary of Transocean Ltd. entered
into separate, individually negotiated agreements on June 19, 2025
(as amended, the "Exchange Agreements") with certain holders (the
"EB Holders") of its 4% Senior Guaranteed Exchangeable Bonds due
2025 as part of ongoing efforts to optimize the Company's capital
structure. The transactions contemplated by the Exchange Agreements
closed on July 22, 2025.
Under the terms of the Exchange Agreements, the EB Holders
exchanged an aggregate principal amount of approximately $157
million of Exchangeable Bonds for an aggregate amount of
approximately 59 million shares, $0.10 par value of the Company and
an aggregate cash payment of an immaterial amount for accrued and
unpaid interest on the exchanged Exchangeable Bonds. Immediately
following the closing of the transactions contemplated by the
Exchange Agreements, approximately $77 million in aggregate
principal amount of the Exchangeable Bonds remained outstanding.
The issuances of Shares are exempt pursuant to Section 4(a)(2) of
the Securities Act of 1933, as amended, which exempts transactions
by an issuer not involving a public offering.
About Transocean
Transocean Ltd. is an international provider of offshore contract
drilling services for oil and gas wells. The Company specializes in
technically demanding sectors of the offshore drilling business
with a particular focus on ultra-deepwater and harsh environment
drilling services. As of Feb. 14, 2024, the Company owned or had
partial ownership interests in and operated 37 mobile offshore
drilling units, consisting of 28 ultra-deepwater floaters and nine
harsh environment floaters. Additionally, as of Feb. 14, 2024, the
Company was constructing one ultra-deepwater drillship.
Transocean reported a net loss of $954 million in 2023, a net loss
of $621 million in 2022, and a net loss of $591 million in 2021. As
of June 30, 2024, Transocean Ltd. had $20.33 billion in total
assets, $1.57 billion in total current liabilities, $8.04 billion
in total long-term liabilities, and $10.71 billion in total
equity.
* * *
Egan-Jones Ratings Company on January 21, 2025, maintained its
'CCC-' foreign currency and local currency senior unsecured ratings
on debt issued by Transocean Ltd.
In May 2025, S&P Global Ratings affirmed its ratings on offshore
drilling contractor Transocean Ltd., including the 'CCC+' issuer
credit rating and revised the outlook to negative from stable.
U S SKYLINE: Creditor Files Plan, Proposes to Sell Property
-----------------------------------------------------------
Loan Ranger Capital Investments REIT, LLC, a creditor, filed with
the U.S. Bankruptcy Court for the Eastern District of Texas a
Disclosure Statement for Chapter 11 Plan for U S Skyline, Inc.,
dated July 24, 2025.
The Debtor is a Texas corporation. It was formed on April 4, 2019.
It acquired real property located at 6341 Norwood Drive, Frisco, TX
75034. The company is owned by Eulalio Almaguer, III.
U S Skyline, Inc. acquired real property located at 6341 Norwood
Drive, Frisco, TX 75034 on March 22, 2021. The property is a
single-family residence. The property was appraised by Veritas
Appraisal Partners as of 10/10/24 in the amount of $1,572,000.
The Debtor took out two loans from Loan Ranger. The first loan was
taken out on March 22, 2021 in the amount of $606,750.00. It
matured on March 1, 2022. The second loan was taken out on June 7,
2023 in the original principal amount of $175,000.00. This loan
matured on October 1, 2023. Loan Ranger posted the property for
foreclosure in November 2024. The Debtor obtained a temporary
restraining order. Loan Ranger then posted the property for
foreclosure on January 7, 2025.
Loan Ranger proposes to sell the real property. It does not propose
to operate a business upon the property.
Loan Ranger has attempted to provide the maximum recovery to each
Class of Claims in light of the assets and anticipated funds
available for distribution to Creditors. Loan Ranger believes that
the Plan permits the maximum possible recovery for all Classes of
Claims while facilitating the liquidation of the Debtor.
The plan proposes to sell the Debtor's real property and distribute
the funds to the parties determined to be entitled to receive such
proceeds. The Debtor's personal property shall be surrendered to
Truist Bank and the SBA, the creditors holding liens upon personal
property.
Class 8 shall consist of Allowed Claims of Unsecured Creditors. The
following creditors are believed to fall within Class 8: Level
Supply, Inc. $106.031.00; MAPCO, Inc. ($65,000.00); NTTA
($10,000.00); SBA ($1,968,000.00); SBA ($41,552.24); and SBA
($67,813.95).
Upon sale of the Debtor's real property, the Class 8 claims shall
be paid after claims in Classes 1 to 7 have been paid in full to
the extent of proceeds actually received. Class 8 is impaired.
Class 9 shall consist of the Equity Interests of the Debtor. The
Class 9 Equity Interests shall be retained. The Class 9 Equity
Holder shall not receive any distributions until the Allowed Claims
in Classes 1 to 8 have been paid.
The feasibility of the Plan depends on the ability of the Debtor to
sell the real property. The Plan Proponent believes that the
property is in a desirable area and should be able to sell for a
fair price.
A full-text copy of the Disclosure Statement dated July 24, 2025 is
available at https://urlcurt.com/u?l=97s0UM from PacerMonitor.com
at no charge.
Counsel for Loan Ranger:
BARRON & NEWBURGER, P.C.
Stephen W. Sather, Esq.
7320 N. Mopac Expwy, Suite 400
Austin, Texas 78731
Phone: (512) 476-9103
About U S Skyline Inc.
U S Skyline Inc. is a construction company in Texas.
U S Skyline Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tex. Case No. 25-40046) on January 6,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Gary G. Lyon, Esq. represents the Debtor as counsel.
UNITED HAULING: Unsecured Creditors Will Get 100% over 3 Years
--------------------------------------------------------------
United Hauling, LLC, filed with the U.S. Bankruptcy Court for the
District of Arizona a Plan of Reorganization for Small Business
dated July 24, 2025.
The Debtor is a transportation company that handles all types of
transportation needs, but specializes in horse transport. The
Debtor was formed in 2017, and has operated since that time.
The Debtor's founders and principals, by Joseph Smith and Leah
Delozier Smith (the "Smiths") both work full-time on behalf of the
Debtor and are responsible for all operations and management.
Business operations are run from the Smiths' home, which is
presently titled in the name of the Debtor.
The Debtor has provided a projection of income and expenses for the
life of the Plan (2025-2028). The projections are based upon
Debtor's past financial information and reflect that Debtor will
have projected disposable income of $167,109.12.
The Debtor expects to make the final disbursement to unsecured
creditors under this Plan no later than October 20, 2028 (presuming
the Plan is Confirmed without delay).
The Debtor's Plan of Reorganization proposes to pay certain claims
in full on the Effective Date, and distribute funds to unsecured
creditors from profit generated by future business operations.
The Debtor anticipates that net profit generated in the three years
following Confirmation will be sufficient to pay unsecured
creditors 100% of their allowed claims.
Class 2 consists of Nonpriority, unsecured creditors. Each holder
of an allowed Class 2 Non-Priority, Unsecured Claim shall be paid
in quarterly installments their pro rata share of funds placed into
the Plan Account in the prior quarter. The Debtor anticipates it
will be able to pay creditors 100% of their allowed claims by July,
2027, if Debtor's Objections to Proofs of Claim #5 and #6 are
successful. Debtor United Hauling, LLC is not liable on either
claim and expects both claims will be disallowed in their entirety.
Class 3 consists of Equity Security holders of the Debtor. The
Debtor's principals, Leah Delozier Smith and Joseph Smith are what
keeps this business going; without them, there is no business. Mr.
and Mrs. Smith will continue to work the business and shall retain
their equity interest in the Debtor. Mr. and Mrs. Smith shall
retain their interests subject to the rights of creditors under the
Plan.
The Debtor will fund the Plan from ongoing business operations.
Debtor has established a Plan Account for the management of net
profits for distribution to creditors. pursuant to this Plan (once
Confirmed). The Plan Account will be administered by the Debtor.
Debtor expects to be holding sufficient funds in the Plan Account
to pay administrative expenses in full on the Effective Date.
The Debtor projects that $167,109.12 will deposited into the Plan
Account during the 36-month Plan term (or as much as is needed to
pay 100% of all allowed claims). Debtor expects full payment of all
allowed unsecured claims in less than 36-months. Debtor's
projections of the net profit that will be available for deposit
into the Plan Account.
A full-text copy of the Plan of Reorganization dated July 24, 2025
is available at https://tinyurl.com/cwa7wca9 from PacerMonitor.com
at no charge.
About United Hauling
United Hauling LLC, based in Cave Creek, AZ, specializes in
providing horse transportation services. Founded in 2017, the
Company offers both local and long-distance hauling options,
utilizing specialized trailers designed to ensure the safety and
comfort of horses during transit.
United Hauling sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-03680) on April 25,
2025. In its petition, the Debtor reports total assets of
$1,498,601 and total liabilities of $1,010,614.
Judge Daniel P. Collins oversees the case.
James F. Kahn, at Kahn & Ahart, PLLC, serves as the Debtor's
counsel.
UNIVERSAL DESIGN: Hires William G. Haeberle P.A. as Accountant
--------------------------------------------------------------
Universal Design Solutions, LLC seeks approval from the U.S.
Bankruptcy Court for the Middle District of Florida to employ
William G. Haeberle, P.A. as accountant.
The firm will assist the Debtor in the preparation of monthly
operating reports, and provide other accounting services.
The firm will be paid at the rate of $250 per hour.
The firm will be paid a retainer in the amount of $1,500.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Haeberle disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
William G. Haeverle
William G. Haeberle, P.A.
4446-1A, Suite 245
Jacksonville, FL 32207
About Universal Design Solutions, LLC
Universal Design Solutions, LLC, filed a Chapter 11 bankruptcy
petition (Bankr. M.D. Fla. Case No. 3:25-bk-01970) on June 13,
2025. The Debtor hires Adam Law Group, P.A. as counsel.
UPHEALTH HOLDINGS: Wants $200MM Glocal Dispute Tossed
-----------------------------------------------------
Caroline Simson of Law360 reports that UpHealth, a bankrupt medical
technology company, is urging a Delaware bankruptcy judge to
dismiss a $200 million lawsuit filed by Glocal Healthcare, claiming
the Indian digital health provider has engaged in bad faith
tactics, including consistent delays and obstruction, amid a
contentious dispute over a failed merger.
About UpHealth Holdings
UpHealth Holdings Inc. is a global digital health company
delivering technology platforms, infrastructure, and services to
modernize care delivery and health management.
UpHealth Holdings and its affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 23-11476) on
Sept. 19, 2023. In the petitions filed by Samuel J. Meckey, chief
executive officer, UpHealth Holdings disclosed up to $500 million
in both assets and liabilities.
Judge Laurie Selber Silverstein oversees the cases.
The Debtors tapped Stuart M. Brown, Esq., at DLA Piper LLP (US) as
counsel; Morrison & Foerster LLP as litigation counsel; and FTI
Consulting, Inc. as financial advisor. Omni Agent Solutions is the
Debtors' claims agent and administrative agent.
URBAN GIS: Hires Stanley M. Jackson Esq. as Counsel
---------------------------------------------------
Urban GIS Inc. seeks approval from the U.S. Bankruptcy Court for
the Northern District of Illinois to employ as counsel to handle
its Chapter 11 proceedings.
The firm will be paid at the rate of $500 per hour.
The firm will be paid a retainer in the amount of $5,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Jackson disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Stanley M. Jackson, Esq.
3206 Hudson Trail
Olympia Fields, IL 60461
Tel: (833) 829-7782
Email: stanley.jackson@jackson-melton.com
About Urban GIS Inc.
Urban GIS Inc. filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08878) on June
11, 2025, with $100,001 to $500,000 in assets and $500,001 to $1
million in liabilities.
Judge Jacqueline P. Cox presides over the case.
Stanley M. Jackson, Esq., at Jackson Melton, LLC represents the
Debtor as legal counsel.
UTICA TOWNSHIP: Dennis Perrey Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 10 appointed Dennis Perrey as
Subchapter V trustee for Utica Township Volunteer Fire Fighters
Association.
Mr. Perrey will be paid an hourly fee of $375 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Perrey declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Dennis J. Perrey
P.O. Box 451
Chandler, IN 47610-0451
812.630.5823
Email: dennis.perrey@yahoo.com
About Utica Township Volunteer Fire Fighters Association
Utica Township Volunteer Fire Fighters Association is a nonprofit
organization based in Clarksville, Indiana, providing volunteer
fire protection and emergency services for Utica Township and
surrounding areas.
Utica Township Volunteer Fire Fighters Association sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Ind. Case
No. 25-90840) on July 22, 2025. In its petition, the Debtor
reported total assets of $3,023,08 and total liabilities of
$1,076,837.
Judge Andrea K. McCord handles the case.
The Debtor is represented by William P. Harbison, Esq., at Seiller
Waterman, LLC.
VAN'S EQUIPMENT: U.S. Trustee Unable to Appoint Committee
---------------------------------------------------------
The U.S. Trustee for Region 18 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Van's Equipment Co.
About Van's Equipment Co.
Van's Equipment Co. sells and rents new and used heavy equipment,
specializing in dirt equipment such as excavators, loaders, and
dozers. Based in Burlington, Washington, Van's Equipment serves
contractors and homeowners and operates as an authorized dealer for
Yanmar, Canycom, Okada, and Felling Trailers. Its services include
equipment sales, rentals, maintenance, and customization.
Van's Equipment sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-11750) on June 26,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
Judge Christopher M. Alston handles the case.
The Debtor is represented by Thomas D. Neeleman, Esq., at Neeleman
Law Group, P.C.
VIEWBIX INC: Settles Gix Media Creditor Claims for $1.13M
---------------------------------------------------------
As previously announced, on March 27, 2025, a petition was filed
with the District Court of Tel Aviv-Jaffa by a primary service
provider of Gix Media Ltd., a company incorporated under the laws
of the State of Israel and a wholly-owned subsidiary of Viewbix,
Inc., claiming that Gix Media owes it approximately $260,000
(excluding linkage differentials and interest) and that Gix Media
is unable to repay its debts to the Service Provider.
On July 16, 2025, the Court approved a settlement agreement entered
into between Gix Media, the Service Provider and other creditors of
Gix Media that joined the Petition with respect to the debts owed
by Gix Media to the Service Providers.
In connection with the settlement agreement, the Company agreed to
provide a guarantee for the debts owed by Gix Media to the Service
Providers.
On July 22, 2025, pursuant to the terms of the settlement
agreement, Gix Media paid approximately $1.13 million to the
Service Providers as payment in full of the debts owed to the
Service Providers.
As a result of such payment in full by Gix Media to the Service
Providers, the Petition was dismissed.
About Viewbix
Headquartered in Ramat Gan, Israel, Viewbix and its subsidiaries,
Gix Media and Cortex Media Group Ltd., operate in the field of
digital advertising. The Group has two main activities that are
reported as separate operating segments: the search segment and the
digital content segment. The search segment develops a variety of
technological software solutions, which perform automation,
optimization, and monetization of internet campaigns, for the
purposes of obtaining and routing internet user traffic to its
customers. The search segment activity is conducted by Gix Media.
The digital content segment is engaged in the creation and editing
of content, in different languages, for different target audiences,
for the purposes of generating revenues from leading advertising
platforms, including Google, Facebook, Yahoo and Apple, by
utilizing such content to obtain and route internet user traffic
for its customers. The digital content segment activity is
conducted by Cortex.
Tel Aviv, Israel-based Brightman Almagor Zohar & Co., the Company's
auditor since 2012, issued a "going concern" qualification in its
report dated March 21, 2025, citing that the decrease in revenues
and cash flows from operations may result in the Company's
inability to repay its debt obligations during the 12-month period
following the issuance date of these financial statements. These
conditions raise a substantial doubt about the Company's ability to
continue as a going concern.
VILLAGE OAKS SENIOR: Seeks Continued Cash Collateral Access
-----------------------------------------------------------
Lisa Holder, the Chapter 11 trustee of Village Oaks Senior Care,
LLC, asked the U.S. Bankruptcy Court for the Eastern District of
California, Sacramento Division, for authority to use cash
collateral.
Specifically, the trustee sought the court's authorization to
continue using Village Oaks Senior Care's revenues and receivables
deemed cash collateral to fund ongoing operational needs such as
payroll, insurance, maintenance, bookkeeping, and rent payments at
$14,350 per month.
The trustee proposed a detailed budget with a permissible 10%
average variance across line items to accommodate normal
fluctuations.
To protect the interests of secured creditors including
First-Citizens Bank & Trust Company and Gina MacDonald, the trustee
offered replacement liens on all post-petition assets (including
cash, rents, income, and receivables) equivalent in priority to
their pre-bankruptcy security interests, effective immediately
without additional filings, and payable to the extent any
diminution in collateral value occurs.
Continuous court approval ensures the estate's stability and
safeguards creditor rights while operational continuity is
maintained.
A hearing on the matter is set for August 5.
First-Citizens is represented by:
Jessica M. Simon, Esq.
Ballard Spahr, LLP
2029 Century Park East, Suite 1400
Los Angeles, CA 90067-2915
Telephone: 424.204.4400
Facsimile: 424.204.4350
simonjm@ballardspahr.com
About Village Oaks Senior
Care
Village Oaks Senior Care, LLC, a company in El Dorado Hills,
Calif., owns and operates community care facilities for the
elderly.
Village Oaks Senior Care filed Chapter 11 petition (Bankr. E.D.
Calif. Case No. 24-22206) on May 21, 2024, with total assets of
$1,440,832 and total liabilities of $3,369,013 as of Dec. 31, 2023.
Lisa Holder, Esq., a practicing attorney in Bakersfield, Calif.,
serves as Subchapter V trustee.
Judge Christopher D. Jaime oversees the case.
D. Edward Hays, Esq., at Marshack Hays Wood, LLP, is the Debtor's
legal counsel.
Lisa Holder and Blanca Castro have been appointed as Chapter 11
trustee and patient care ombudsman, respectively.
VILLAGE ON THE ISLE: Fitch Affirms 'BB+' IDR, Outlook Stable
------------------------------------------------------------
Fitch Ratings has affirmed the following City of Venice, FL bonds
expected to be issued on behalf of Village on the Isle (VOTI) at
'BB+':
- $46 million series 2024A revenue bonds;
- $6.6 million series 2024B-1 TEMPS 85 revenue bonds;
- $8.85 million series 2024B-2 TEMPS 70 revenue bonds;
- $16.95 million series 2024B-3 TEMPS 50 revenue bonds.
Fitch has also affirmed VOTI's Issuer Default Rating at 'BB+', and
approximately $90 million in revenue improvement bonds series 2016,
2017A issued by Sarasota County Health Facilities Authority, and
approximately $20 million series 2019 issued by Venice, FL on
behalf of VOTI at 'BB+'.
The Rating Outlook is Stable.
Entity/Debt Rating Prior
----------- ------ -----
Village on the Isle (FL) LT IDR BB+ Affirmed BB+
Village on the Isle
(FL) /General Revenues/1 LT LT BB+ Affirmed BB+
VOTI began building 54 additional independent living units (ILUs),
modeled after its successful Emerald Terraces, to address strong
ongoing demand. The expansion also features a new wellness
pavilion, with facilities set to open in 2027. Presales commenced
on Sept. 9, 2024. As of July of 2025, 98% of the units (53 out of
54) had been reserved with fully refundable $40,000 deposits,
demonstrating robust market interest.
To finance the expansion, VOTI allocated about $33 million of its
2024 bond issuance to temporary entrance fee mortgage payment
securities (TEMPS), which will be repaid from initial entrance fees
as residents move in. VOTI expects to fully retire the TEMPS once
the new ILUs reach 85% occupancy. The additional debt temporarily
pressures VOTI's financial profile below the threshold for a 'BB+'
rating. However, Fitch expects the project to enhance long-term
credit quality as occupancy stabilizes and entrance fee inflows
materialize.
Fitch also notes that material transfers of assets outside the
obligated group could negatively impact VOTI's credit profile. Such
transactions may reduce resources available to support outstanding
debt, potentially weakening overall credit quality. Depending on
the scale and nature of these asset transfers, negative rating
action may be warranted if the group's financial position is
materially affected.
SECURITY
The bonds are secured by a pledge of gross revenues, a security
interest in obligated group facilities, and debt service reserve
funds.
KEY RATING DRIVERS
Revenue Defensibility - 'bbb'
Good Demand in a Stable Market
VOTI is in a stable service area. A healthy real estate market,
with growing median home values in the Sarasota area, sustains
demand. Entrance fees align with PMA pricing trends and rate
increases occur regularly. VOTI enjoys a favorable location,
amenities, and incentives while facing little meaningful
competition.
ILU demand has been healthy at 93% for 2023 and through 2Q24. VOTI
also has a waitlist of more than 150 people, with some of those
individuals also on the priority club list for the expansion units.
Occupancy is good in the other areas of care as well. At the end of
June 2024, occupancy was 87% in the assisted living units (ALUs)
and 93% in the skilled nursing facility (SNF) beds.
Operating Risk - 'bbb'
Adequate Profitability Margins
VOTI's operating performance is midrange. In 2023 and 2Q24, VOTI's
Operating Ratios (Ors) were 92.1% and 99.5% respectively.
Similarly, the net operating margin (NOM) and net operating margin
adjusted (NOMA) for fiscal 2023 were 18.6% and 36%. Fitch expects
cost containment metrics to remain consistent with the 2023 results
over the next several years.
Capital-related metrics are also midrange. For fiscal 2023,
revenue-only Maximum Annual Debt Service (MADS) coverage was 1.1x,
the debt to net ratio was 6.9x, and MADS was 18.8% of revenue,
which supports the mid-range assessment. Fitch expects
capital-related metrics to remain consistent with the 2023
results.
Management actively invests in the maintenance and expansion of the
campus, with capex well above 100% over the past several years.
This is reflected in an average age of plant of approximately 6.5
years. VOTI's expansion project supports management's strategy to
meet and sustain strong demand with an attractive campus. VOTI
offers both lifecare and fee-for-service contracts, and most
residents have type-A contracts.
Financial Profile - 'bb'
Heavy Debt Burden
Given VOTI's midrange revenue defensibility and midrange operating
risk assessments, Fitch expects it to maintain a financial profile
consistent with the 'bb' assessment throughout the economic and
financial volatility assumed in Fitch's stress case scenario.
VOTI's balance sheet has been stable but limited, with unrestricted
cash and investments around $30 million since 2020, and a
cash-to-adjusted debt ratio of 33% at YE 2023. In 2023,
unrestricted cash represented 366 days cash on hand (DCOH), which
is neutral to the assessment of VOTI's financial profile. MADS
coverage was 2.2x in fiscal 2023.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Deterioration in ILU occupancy below 90%;
- Deterioration of liquidity, such that cash to adjusted debt
stabilizes at 25% or lower;
- Operating ratios consistently above 100%;
- NOM stabilizing below 3%;
- Material transfer of assets outside the obligated group.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Over the long term, improvement in liquidity metrics such that
cash to adjusted debt levels stabilize at 50% or greater, could
support positive rating action.
PROFILE
VOTI operates a life plan community located in Venice, FL
approximately 75 miles south of Tampa on Florida's Gulf Coast. The
community consists of 234 ILUs, 48 ALUs, 16 memory care units, and
64 licensed skilled nursing beds at the new Health Center. Eight of
the 64 SNF beds are leased to a hospice agency.
VOTI offers two contract types: the Traditional contract, which is
a Type-B contract with either a 10% discount on assisted living and
SNF services, and Enhanced Living, which provides unlimited
assisted living services in a fully amortizing Type-B contract
plan.
In January 2019, VOTI introduced a life care contract. This fully
amortizing Type-A contract provides residents with unlimited ALU
and Health Center care access. Most of VOTI's resident contracts
are Type-A. Refunds are not subject to resale requirements, and
VOTI has limited exposure to refundable contracts. In fiscal 2024,
VOTI had total revenues of approximately $34 million.
Sources of Information
In addition to the sources of information identified in Fitch's
applicable criteria specified below, this action was informed by
information from DIVER by Solve.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
VIVAKOR INC: Enters Forbearance and Amendment to $6.63M Note
------------------------------------------------------------
As previously reported, on March 17, 2025, Vivakor, Inc., issued a
junior secured convertible promissory note to J.J. Astor & Co., in
the principal amount of $6,625,000, in relation to a Loan and
Security Agreement by and between the Company, its subsidiaries,
and the Lender.
The Company received $5,000,000, before fees. The Company received
the funds on March 18, 2025. In relation to the Loan Agreement, the
Company also entered into a Registration Rights Agreement with the
Lender, under which the Company was obligated to file a resale
registration statement with the SEC registering any shares of its
common stock issuable under the Note no later than 60 days after
closing.
On July 9, 2025, the Company entered into a Forbearance and
Amendment to Loan Agreement and Note, which amended the terms of
the Loan Agreement, Initial Note and RRA.
Under the terms of the Forbearance Agreement:
(i) the Lender agreed to loan the Company an additional amount
up to $4,400,000 under similar terms as the Initial Note (funds
from which the Company received on July 15, 2025),
(ii) the Lender agreed to permit the Company to raise an
additional $3,000,000 under terms set forth on Exhibit I of the
Loan Agreement,
(iii) the filing date for the resale registration statement
under the RRA was extended to July 18, 2025,
(iv) the Outstanding Principal Amount of the Initial Note was
$6,151,783 on the Forbearance Agreement Effective Date,
(v) the principal amount under the Initial Note was increased
to $6,766,961.30, representing 110% of the Outstanding Principal
Amount of the Note as of the Forbearance Agreement Effective Date,
(vi) the Weekly Installment Payments under the Initial Note
stayed the same,
(vii) the fee of $615,178.30 was added to the Amended Principal
Amount of the Initial Note and shall be due and payable by the
Company on or before January 7, 2026,
(viii) past due interest totaling $ $291,367.35, that has accrued
between the Forbearance Agreement Effective Date and the Effective
Date, shall also be paid on or before January 7, 2026, and
(ix) both the $615,178.30 fee and the $291,367.35 of past due
interest shall be paid in full in cash on or before January 7,
2026.
Additionally, on July 9, 2025, the Company entered into a Second
Amendment to Loan Agreement and Registration Rights Agreement, and
an Additional Junior Secured Convertible Note, under which the
Company agreed to issue the Lender the Note in the principal amount
of $5,940,000. Under the New Loan Documents, the Company will
receive net proceeds of $971,025.65, with the remainder of the
principal amount going to:
(a) a $176,000 origination fee,
(b) an aggregate of $3,232,974.35 representing:
(i) a $891,000 holdback amount to be applied to pay the
first six Weekly Installment Payments when due under the Additional
Note (hereinafter defined),
(ii) $1,395,540.35 to be applied to pay the seven past due
Weekly Installment Payments under the Initial Note, plus accrued
interest thereon, and
(iii) $946,434 to secure and cover the payment of the next
six Weekly Installment Payments due under the Initial Note,
(c) $20,000 to pay Lender's legal fees, and
(d) and original issuance discount of $1,540,000.
The Note is payable over forty equal weekly installments of
$148,500, which may be paid in cash or, at the option of the
Company once an applicable registration statement is effective, in
free trading shares of its common stock issued at a 20% discount to
the lower of either the previous day's closing price or the average
of the four lowest volume-weighted average prices during the prior
20 trading days. The Note does not bear interest unless in default
and is subject to mandatory prepayment upon the receipt of proceeds
from identified sales of equity interests in the Company and/or the
receipt of certain extraordinary cash payments. In the event the
Company default on the terms of the Initial Note or the Additional
Note, the conversion price under the notes is a 50% discount to
discount to the lower of either the previous day's closing price or
the average of the four lowest volume-weighted average prices
during the prior 20 trading days. The lender is secured by a junior
lien in all assets of the Company, subject to exceptions for
existing debt covenants of the Company. The Company reserved
15,000,000 shares of its common stock for issuance in connection
with a conversion under the Additional Note and the Company agreed
to issue the Lender 150,000 shares of its common stock as
additional consideration for the loan. The Company received the
funds under the New Loan Documents on July 15, 2025.
Furthermore, on July 9, 2025, the Company issued the Additional
Note and agreed to issue the Commitment Shares to the Lender, which
securities contain a standard Rule 144 restrictive legend. The
issuances of the foregoing securities was exempt from registration
pursuant to Section 4(a)(2) of the Securities Act promulgated
thereunder as the holder is one of the Company's executive officers
and familiar with our operations. The Company received the funds
under the New Loan Documents on July 15, 2025.
This summary is not a complete description of all of the terms of
the Forbearance Agreement, the Amendment, and the Additional Note,
and are qualified in their entirety by reference to the full text
of the Forbearance Agreement, the Amendment, and the Additional
Note, forms of which are filed as Exhibits 10.1, 10.2, and 10.3
respectively in the Form 8-K is available at
https://tinyurl.com/j7hca3vs
About Vivakor
Coralville, Iowa-based Vivakor, Inc. is a socially responsible
operator, acquirer, and developer of technologies and assets in the
oil and gas industry, as well as related environmental solutions.
Currently, the Company's efforts are primarily focused on operating
crude oil gathering, storage and transportation facilities, as well
as contaminated soil remediation services.
Pittsburgh, Penn.-based Urish Popeck & Co., LLC, the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has a significant working capital deficiency,
suffered significant recurring losses from operations, and needs to
raise additional funds to meet its obligations and sustain its
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $241 million in total assets,
$125.9 million in total liabilities, and a total stockholders'
equity of $115.1 million.
VOLTZ INC: Gets Final OK to Use Cash Collateral Until Oct. 31
-------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Minnesota issued a
final order authorizing Voltz, Inc. to use cash collateral through
October 31.
The final order authorized the Debtor to use cash collateral only
for ordinary business and administrative expenses, consistent with
its budget. Material deviations require court approval.
Secured creditors including Bremer Bank, Northeast Entrepreneur
Fund, Inc., and Shopify, Inc. will receive replacement liens on
post-petition inventory, accounts, equipment, and intangibles, with
the same priority as their pre-bankruptcy liens. The replacement
liens do not apply to any Chapter 5 causes of action.
As additional protection, Old National Bank will receive monthly
payments of $3,000 starting July 31 and until October 1 or until
confirmation of the Debtor's bankruptcy plan, whichever comes
first.
The Debtor has secured debt held by Bremer Bank, Northeast
Entrepreneur Fund, and Shopify, all of which have UCC filings
covering the Debtor's assets, including cash and receivables.
About Voltz, Inc.
Voltz, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Minn. Case No. 25-42086) on June 25,
2025, listing up to $1 million in assets and up to $10 million in
liabilities. Brad Ruoho, president of Voltz, Inc., signed the
petition.
Judge William J. Fisher oversees the case.
John D. Lamey, III, Esq., at Lamey Law Firm, PA, represents the
Debtor as bankruptcy counsel.
VSBROOKS INC: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Debtor: VSBROOKS, Inc.
d/b/a The 3rd Eye Creative Agency
5000 SW 75th Avenue
Miami, FL 33155
Business Description: VSBROOKS, Inc., doing business as
The 3rd Eye Creative Agency, is a
certified
women-owned independent full-service
marketing agency in Miami specializing in
health and wellness brands. With more than
25 years of experience, it focuses on
generational healthcare advertising, women's
healthcare initiatives, multicultural
audience engagement and B2B growth within
regulatory compliance.
Chapter 11 Petition Date: July 29, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-18690
Judge: Hon. Laurel M. Isicoff
Debtor's Counsel: Robert P Charbonneau, Esq.
AGENTIS PLLC
45 Almeria Avenue
Coral Gables FL 33134
Tel: (305) 722-2002
E-mail: rpc@agentislaw.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Diana Brooks 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/CNU7J4I/VSBROOKS_INC__flsbke-25-18690__0001.0.pdf?mcid=tGE4TAMA
W&T OFFSHORE: Fitch Affirms 'B-' LongTerm IDR, Outlook Stable
-------------------------------------------------------------
Fitch Ratings has affirmed W&T Offshore, Inc.'s (WTI) Long-Term
Issuer Default Rating (IDR) at 'B-'. Fitch has also affirmed the
company's first-priority lien secured reserve-based lending credit
facility (RBL) at 'BB-' with a Recovery Rating of 'RR1' and the
$350 million senior secured second lien note at 'B-'/'RR4'. The
Rating Outlook is Stable.
WTI's rating and Stable Outlook reflects its positioning with
low-decline Gulf of Mexico (Gulf of America, or Gulf) assets and
leverage around 3.5x over the forecast period. Offsetting factors
include its smaller operational scale with 1Q25 production of 30.5
thousand barrels of oil equivalent per day (mboepd), possession of
more natural gas assets than peers, and moderate capex over the
forecast period. WTI also has significant environmental remediation
costs relating to higher plugging and abandonment (P&A) costs, and
relatively higher operating costs.
Key Rating Drivers
Limited Scale, High-Cost Operator: WTI has daily production of
30,489boe/d in 1Q25, ranking it as one of the smaller exploration
and production (E&P) companies under Fitch's coverage. Natural gas
comprised about 48% of production which is somewhat high versus
diversified peers. WTI's production is also impacted by relatively
large NGLs component in its liquids mix of 7%. The final two of the
six fields acquired under the COX acquisition were placed into
production in early 2Q25, with production expected to ramp up in
2Q25.
Limited scale, production mix, and high operating costs restrict
WTI's negotiating and operating leverage relative to competitors
that are larger and can benefit from economies of scale and
diversification between onshore and offshore assets. Elevated
production expenses have led to below-average Fitch-calculated
netbacks; in 1Q25, WTI's cash netback after interest was $8.5/boe
versus $20-$30/boe for peers. Operational challenges in parts of
the Gulf, such as third-party pipeline outages, maintenance and
weather-related incidents, further impact costs and production.
Management expects near-term cost reductions.
Moderate Capex, Midcycle Leverage 3.5x: Fitch expects WTI capex to
increase slightly in 2025 to achieve mid-single-digit production
growth in 2025, in line with the company's guidance. Fitch expects
WTI to manage its capital allocation policies in a manner that
continues to support neutral to positive FCF. The low decline rate
of its wells allows substantial capex cuts during periods of low
oil prices with a relatively modest impact on production.
Historically, WTI has benefitted by reducing capex in lower price
environments to maintain positive FCF. Fitch's base case forecasts
EBITDA leverage to decline to around 3.3x as prices approach
Fitch's $57/bbl midcycle assumption.
Refinancing Risk Reduced: Fitch believes WTI's near-term
refinancing risk has decreased following the refinancing of the
2026 note and repayment of the term loan facility with the 2030
note issuance. WTI has approximately $106 million cash on the
balance sheet and an undrawn $50 million senior secured RBL
facility. WTI also benefited from $70 million from the sale of
certain non-core assets and insurance proceeds in 1Q25. Overall,
capital market access risk remains in the medium to long term as
WTI bonds have a higher coupon and trade at higher yields than
other energy issuers, which may limit future access.
Substantial Decommissioning Costs: WTI's environmental remediation
costs for P&A are high compared with onshore peers due to its focus
on mature offshore assets and an active M&A strategy. Asset
retirement obligations (AROs) as of 1Q25 totaled $561.9 million.
Fitch recognizes that the AROs are long dated. WTI expects annual
P&A costs of $30 million to $40 million in 2025, which Fitch
expects to remain in this range over the forecast horizon. Fitch
believes there is potential for reduced outlays to the degree the
company can extend the lives of fields through recompletions and
workovers.
Litigation Uncertainty: WTI filed seeking declaratory relief in the
U.S. District Court against providers of government-required surety
bonds that secure decommissioning obligations the company may have
with respect to certain oil and gas assets in line with the federal
Bureau of Ocean Energy Management requirements. In June 2025, the
federal court recommended denying two surety companies motions for
preliminary injunctions for additional collateral beyond what WTI
has already contracted, despite WTI never having missed a payment.
Fitch's forecasts do not currently make assumptions around this
business risk given the uncertainty and timing until a final
resolution.
Offshore Gulf E&P: WTI fully operates as an offshore E&P company in
the Gulf. The company's asset base differs materially from that of
an onshore producer. In general, Gulf assets can typically be
acquired at relatively lower costs, have lower decline rates and
benefit from extensive midstream infrastructure, providing direct
access to Gulf Coast refineries, which typically brings higher
price realizations. These strengths are offset by significantly
higher P&A obligations, exploration projects that require
substantial capital requirements, longer spud to first oil times,
higher environmental remediation costs, and additional tail risks
from hurricane activity and potential oil spills.
Limited Hedging Program: Fitch believes oil and gas hedging would
be credit positive, as it supports development funding and reduces
cash flow risks. WTI has no oil hedges in place and has recently
added additional natural gas positions. In 2025, WTI has 70 million
British thermal units per day (mmbtupd) of costless collars in
place and 62.2 mmbtupd of purchased puts in place at $2.27 for the
remainder of 2025. WTI has approximately 50% of purchased puts in
place for 2026 and 2027.
Peer Analysis
WTI operates on a smaller scale than Fitch-rated E&P peers. With
1Q25 production at 30.5 mboe/d (52.0% liquids), the company
produces significantly less than Talos Energy Inc. (B/Positive)
with 100.9 mboepd (78% liquids) at 1Q25. WTI's production also is
lower than onshore operators such as HighPeak Energy Inc.
(B/Stable) with 53.1 mboepd (86% liquids) at 1Q25 and Moss Creek
Resources Holdings, Inc. (B/Stable) with 62.0 mboepd (69% liquids)
at FY 2024.
Fitch expects WTI to operate with debt at or below negative EBITDA
leverage sensitivities over the forecast horizon. Fitch believes
the potential challenges to accessing capital markets, and its
smaller scale relative to that of other E&P issuers are near-term
concerns.
WTI has proved reserves in line with a 'B' rated issuer. Pro forma
the Cox acquisition, the company's proven reserves (1P) excluding
AROs were 127.0 mmboe with a PV-10 of $1.2 billion. Pro forma
1P/production was 10.4 years, which is higher than Talos (5.7
years) and Baytex Energy Corp. (7.3 years). The company's offshore
footprint also exposes it to significantly higher P&A costs than
onshore shale-based peers. Operational risks are higher as well,
given the severity of any oil spills or hurricane activity on a
company of WTI's size.
Key Assumptions
- West Texas Intermediate prices of $65.00/bbl in 2025, $60.00/bbl
in 2026 and 2027, and $57.00/bbl thereafter;
- Henry Hub prices of $3.60/mcf in 2025, $3.50/mcf in 2026,
$3.00/mcf in 2027, and $2.75/mcf thereafter;
- Production increasing by mid-single digits in 2025 and 2026
before declining thereafter;
- Cash cost of P&A obligations consistent with management guidance
throughout the forecast;
- Assumes no M&A throughout the forecast.
Recovery Analysis
The recovery analysis assumes WTI would be reorganized as a going
concern (GC) in bankruptcy rather than liquidated. Fitch assumed a
10% administrative claim.
Going-Concern Approach
Fitch assumed a bankruptcy scenario exit EBITDA of $80 million.
This estimate considers a prolonged commodity price downturn
causing liquidity constraints and inability to access capital
markets to refinance debt. The GC EBITDA estimate reflects Fitch's
view of a sustainable, post-reorganization EBITDA level upon which
Fitch bases the enterprise valuation.
Fitch applies an EV multiple of 3.0x to the GC EBITDA to calculate
a post-reorganization enterprise value versus the historical energy
upstream subsector multiple of 2.8x-5.6x for recent E&P
bankruptcies, and median EV/EBITDA multiples in offshore
transactions of 2.0x-4.0x. The lower multiple also reflects the
impact of AROs.
These assumptions lead to an enterprise valuation of $240 million,
greater than the liquidation valuation.
Liquidation Approach
The liquidation estimate reflects Fitch's view of the value of the
company's E&P assets that can be realized in sale or liquidation
processes conducted during a bankruptcy or insolvency proceeding
and distributed to creditors. Fitch used historical transaction
data for the Gulf blocks on $/bbl, $/1P, $/2P, $/acre and PDP PV-10
bases to attempt to determine a reasonable sale, based on Talos'
recent M&A transaction, other recent offshore M&A transactions, and
valuations from emerging, offshore bankruptcies of Fieldwood Energy
LLC, Stone Energy Corporation and Arena Energy, LP.
Fitch assumed a 25% advance rate on its account receivables (A/R)
given that A/R would likely decrease in a prolonged downturn.
Waterfall Analysis
Fitch assumed the $50 million revolving credit facility was drawn
at 80% to account for downward borrowing base redeterminations as
the company approaches a bankruptcy scenario. The first-priority
lien secured revolver recovers at 'RR1' while the senior secured
second-lien notes recover at 'RR4'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Loss of operational momentum, evidenced by production trending
below 30 mboepd and/or deteriorating unit economics;
- Unfavorable regulatory changes or accelerated P&A spending and/or
negative outcome from surety bonds litigation;
- Midcycle EBITDA leverage above 3.5x and/or EBITDA interest
coverage below 2.0x on a sustained basis;
- Implementation of a more aggressive growth strategy operating
outside FCF that negatively affects liquidity or access to the
capital markets.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Increased size and scale evidenced by production trending above
75 mboepd;
- Demonstrated ability to manage P&A obligations and reduced AROs
per flowing barrel or proved reserves;
- Midcycle EBITDA leverage maintained below 2.5x.
Liquidity and Debt Structure
Fitch does not see material near-term liquidity needs and believes
the company's refinance risk is moderate, given its neutral to
negative FCF over the forecast and material unrestricted cash on
the balance sheet. Management stated capital budgets would be
determined by the ability to generate FCF even in commodity price
declines. The company's hedging program provides limited
protection, but an enhanced program would provide more security.
Liquidity was $155.9MM at 1Q25 with cash on hand of approximately
$105.9 million and an undrawn $50 million senior secured
first-priority lien RBL facility.
WTI's maturity schedule remains light with no maturities until the
RBL facility matures in July 2028 and the notes mature in February
2029.
Issuer Profile
W&T Offshore, Inc. is an independent oil and natural gas producer
operating in the Gulf, with interests in approximately 52 producing
offshore fields (45 federal, seven state) and leases totaling
approximately 634,700 gross (496,900 net) acres.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
WTI has an ESG Relevance Score of '4' for Waste & Hazardous
Materials Management; Ecological Impacts due to the enterprise-wide
solvency risks that an offshore oil spill poses for an E&P
company.
WTI has an ESG Relevance Score of '4' for Energy Management that
reflects the company's cost competitiveness and financial and
operational flexibility due to scale, business mix and
diversification.
These factors have a negative impact on the credit profile and are
relevant to the ratings in conjunction with other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
W&T Offshore, Inc. LT IDR B- Affirmed B-
senior secured LT BB- Affirmed RR1 BB-
Senior Secured
2nd Lien LT B- Affirmed RR4 B-
WESTERN SKY: Edward Burr Named Subchapter V Trustee
---------------------------------------------------
The U.S. Trustee for Region 17 appointed Edward Burr of Mac
Restructuring Advisors, LLC as Subchapter V trustee for Western Sky
Hotshots, LLC.
Mr. Burr will be paid an hourly fee of $450 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Burr declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Edward Burr
Mac Restructuring Advisors, LLC
10191 E. Shangri La Road
Scottsdale, AZ 85260
Phone: (602) 418-2906
Email: Ted@macrestructuring.com
About Western Sky Hotshots LLC
Western Sky Hotshots, LLC provides general freight and construction
support services, including water truck operations, dust control,
and pilot car escort services. It operates in Arizona and
specializes in intrastate logistics and transportation.
Western Sky Hotshots sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Ariz. Case No. 25-06714) on
July 23, 2025. In its petition, the Debtor reported total assets of
$494,363 and total liabilities of $1,110,171.
Judge Daniel P. Collins handles the case.
The Debtor is represented by Allan D. NewDelman, Esq., at Allan D.
NewDelman, P.C.
WHITEEAGLE PROPERTIES: Seeks Subchapter V Bankruptcy in Kansas
--------------------------------------------------------------
On July 28, 2025, Whiteeagle Properties 22 Corp. filed Chapter
11 protection in the District of Kansas. 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 Whiteeagle Properties 22 Corp.
Whiteeagle Properties 22 Corp. is a property company based in
Lindsborg, Kansas that operates in the real estate sector.
Whiteeagle Properties 22 Corp. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Kan. Case No.
25-10770) on July 28, 2025. In its petition, the Debtor reports
estimated assets up to $50,000 and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Mitchell L. Herren handles the case.
The Debtor is represented by Mark J. Lazzo, Esq. at Landmark Office
Park.
WONDER LAKE: Fitch Assigns 'BB+sf' Rating on Class E Notes
----------------------------------------------------------
Fitch Ratings has assigned ratings and Rating Outlooks to Wonder
Lake Park CLO, Ltd.
Entity/Debt Rating
----------- ------
Wonder Lake Park
CLO, Ltd.
A LT NRsf New Rating
B LT AAsf New Rating
C LT A+sf New Rating
D-1 LT BBB-sf New Rating
D-2 LT BBB-sf New Rating
E LT BB+sf New Rating
F LT NRsf New Rating
Subordinated LT NRsf New Rating
Transaction Summary
Wonder Lake Park CLO, Ltd. (the issuer) is an arbitrage cash flow
collateralized loan obligation (CLO) that will be managed by
Blackstone CLO Management LLC. Net proceeds from the issuance of
the secured and subordinated notes will provide financing on a
portfolio of approximately $500 million of primarily first lien
senior secured leveraged loans.
KEY RATING DRIVERS
Asset Credit Quality: The average credit quality of the indicative
portfolio is 'B', which is in line with that of recent CLOs.
Issuers rated in the 'B' rating category denote a highly
speculative credit quality; however, the notes benefit from
appropriate credit enhancement and standard CLO structural
features.
Asset Security: The indicative portfolio consists of 96% first-lien
senior secured loans and has a weighted average recovery assumption
of 74.48%. Fitch stressed the indicative portfolio by assuming a
higher portfolio concentration of assets with lower recovery
prospects and further reduced recovery assumptions for higher
rating stresses.
Portfolio Composition: The largest three industries may comprise up
to 39% of the portfolio balance in aggregate while the top five
obligors can represent up to 12.5% of the portfolio balance in
aggregate. The level of diversity required by industry, obligor and
geographic concentrations is in line with other recent CLOs.
Portfolio Management: The transaction has a five-year reinvestment
period and reinvestment criteria similar to other CLOs. Fitch's
analysis was based on a stressed portfolio created by adjusting to
the indicative portfolio to reflect permissible concentration
limits and collateral quality test levels.
Cash Flow Analysis: Fitch used a customized proprietary cash flow
model to replicate the principal and interest waterfalls and assess
the effectiveness of various structural features of the
transaction. In Fitch's stress scenarios, the rated notes can
withstand default and recovery assumptions consistent with their
assigned ratings.
The weighted average life (WAL) used for the transaction stress
portfolio is 12 months less than the WAL covenant to account for
structural and reinvestment conditions after the reinvestment
period. In Fitch's opinion, these conditions would reduce the
effective risk horizon of the portfolio during stress periods.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
Variability in key model assumptions, such as decreases in recovery
rates and increases in default rates, could result in a downgrade.
Fitch evaluated the notes' sensitivity to potential changes in such
a metric. The results under these sensitivity scenarios are as
severe as between 'BB+sf' and 'A+sf' for class B, between 'B+sf'
and 'BBB+sf' for class C, between less than 'B-sf' and 'BB+sf' for
class D-1, and between less than 'B-sf' and 'BB+sf' for class D-2
and between less than 'B-sf' and 'BB-sf' for class E.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
Variability in key model assumptions, such as increases in recovery
rates and decreases in default rates, could result in an upgrade.
Fitch evaluated the notes' sensitivity to potential changes in such
metrics; the minimum rating results under these sensitivity
scenarios are 'AAAsf' for class B, 'AA+sf' for class C, 'Asf' for
class D-1, and 'A-sf' for class D-2 and 'BBB+sf' for class E.
USE OF THIRD PARTY DUE DILIGENCE PURSUANT TO SEC RULE 17G -10
Form ABS Due Diligence-15E was not provided to, or reviewed by,
Fitch in relation to this rating action.
DATA ADEQUACY
The majority of the underlying assets or risk-presenting entities
have ratings or credit opinions from Fitch and/or other nationally
recognized statistical rating organizations and/or European
Securities and Markets Authority-registered rating agencies. Fitch
has relied on the practices of the relevant groups within Fitch
and/or other rating agencies to assess the asset portfolio
information.
Overall, Fitch's assessment of the asset pool information relied
upon for its rating analysis according to its applicable rating
methodologies indicates that it is adequately reliable.
ESG Considerations
Fitch does not provide ESG relevance scores for Wonder Lake Park
CLO, Ltd.
In cases where Fitch does not provide ESG relevance scores in
connection with the credit rating of a transaction, programme,
instrument or issuer, Fitch will disclose any ESG factor that is a
key rating driver in the key rating drivers section of the relevant
rating action commentary.
X-LASER LLC: Gets OK to Use Cash Collateral Until Sept. 30
----------------------------------------------------------
X-Laser, L.L.C. got the green light from the U.S. Bankruptcy Court
for the District of Maryland to use cash collateral.
The court authorized the Debtor's interim use of cash collateral
for the period from June 7 to September 30 to, among other things,
fund administrative and operating expenses and pay the secured
claim of the U.S. Small Business Administration.
The Debtor's monthly budget shows total expenses of $274,488.10 for
August and $239,488.10 for September.
As protection for the use of its cash collateral, SBA will be
granted a perfected replacement security interest in the Debtor's
post-petition collateral and proceeds thereof.
The replacement liens are subject to and subordinate to payment of
the Subchapter V trustee's fees and professional fees and
expenses.
SBA holds a blanket security interest in all assets of the Debtor.
As of the petition date, SBA asserts a secured claim of
$2,084,747.79.
Other secured creditors include WebBank ($62K), TD Bank ($250K),
Itria Ventures ($113K), and Samson MCA ($123K), but due to SBA's
senior lien, they will be treated as unsecured creditors.
About X-Laser L.L.C.
X-Laser, L.L.C. designs and supplies laser light show systems and
related support services for a range of users, from mobile DJs to
major entertainment companies like Disney. Since 2007, the Company
has offered touring-grade and entry-level laser projectors,
including versatile models like the LaserCube and specialty series
such as Aurora, along with advanced products like the Radiator and
Ether Dream 4. X-Laser also provides training and resources to
help clients enhance their live production setups.
The Debtor sought protection under U.S. Bankruptcy Code (Bankr. D.
Md. Case No. 25-15178) on June 7, 2025. In the petition signed by
Adam Raugh, managing member, the Debtor disclosed $257,408 in
assets and $3,293,527 in liabilities.
Judge David E. Rice oversees the case.
The Debtor is represented by Brett Weiss, Esq., at The Weiss Law
Group, LLC.
YELLOW CORP: Files New Plan After Pension Plans Ruling
------------------------------------------------------
Yellow Corporation and its unsecured creditors' committee on July
29, 2025, filed a Fourth Amended Chapter 11 Plan and a
corresponding disclosure statement, saying that the plan settlement
reached with creditors in March was no longer viable.
At issue are claims held by various multiemployer pension plans
(MEPPs) for withdrawal liability arising out of Yellow
Corporation's withdrawal from those plans, and a settlement reached
by the Debtors to those claims.
After several deferments to confirmation of the Debtors' original
plan, the Debtors engaged in several months of negotiations with
the Official Committee of Unsecured Creditors and certain creditors
holding the largest general unsecured claims against the estates
(the MEPPs).
On March 28, 2025, the Debtors and the Committee filed the Third
Amended Plan incorporating a plan settlement of certain pending
disputes between the Debtors' estates and certain MEPP claimants.
The settlement, according to the Debtors, substantially reduces the
aggregate claim amounts originally asserted against the Estates
while increasing the recoveries for holders of general unsecured
claims who do not have the ability to assert such claims on a joint
and several basis against each debtor.
The Third Amended Plan and the Plan Settlement embodied therein was
intended to resolve objections that have been made to the allowance
of the billions of dollars in claims asserted by the multiemployer
pension plans on account of obligations associated with the
Debtors' withdrawal from the MEPPs.
MEPP's Withdrawal Liability Claims
Early in this bankruptcy case, various multiemployer pension plans
sought relief from the automatic stay to have their disputes over
Yellow's withdrawal liability resolved in arbitration. The
Bankruptcy Court, however, concluded that the disputes were
properly resolved in this Court, through the claims allowance
process.
The Central States Pension Fund ("CSPF"), a multiemployer pension
fund, filed proofs of claim against the Estates, for nearly $4.8
billion for withdrawal liability. Ten other multiemployer pension
plans have filed claims seeking $1.6 billion in withdrawal
liability.
The Debtors and MFN had filed objections to proofs of claim filed
by various multiemployer pension plans, including the CSPF. Various
parties sought summary judgment on claims allowance issues. The
Court heard argument on those motions on January 28, 2025 and was
in the process of finalizing its opinion. Before the Court issued
the opinion, however, the Debtors and the Committee asked the Court
to withhold the opinion. Issuing the opinion, they argued, would
massively disrupt the hard work of many parties in reaching that
settlement.
MFN, which had joined in the claims objections and was not part of
the settlement, took the view that it was entitled to a resolution
of its claims objections, and thus asked the Court to go ahead and
issue its opinion.
On April 7, 2025, Bankruptcy Judge Craig T. Goldblatt, issued a
77-page preliminary opinion on key issues relating to MEPPs'
withdrawal liability claims:
* As to CSPF's contributions guarantee claim, the Court agreed
with the objecting parties that the liquidated damages provision
contained in the 2014 letter agreement was an unenforceable penalty
under applicable law and previewed its view that the Claim should
be disallowed in its entirety.
* The Court also addressed other disputed issues relating to
various MEPP Claims, including CSPF's claims:
(i) The Court indicated that the Bankruptcy Code requires
claims for unmatured interest to be disallowed and, thus, the CSPF
Withdrawal Liability Claim -- and all other Withdrawal Liability
Claims -- should be reduced by an amount equal to the unmatured
interest otherwise incorporated into the asserted Claim amounts.
(ii) The Court indicated that the mechanic set forth in 29
U.S.C. Sec. 1405(b) -- which operates to cap withdrawal liability
claims where such claims exceed the liquidation value of the debtor
-- should properly be applied after reducing UVBs pursuant to
ERISA's 20-year cap on payments.
(iii) The Court indicated that CSPF's (and another SFA MEPP,
Local 641) use of post-2014 contribution rate increases to
calculate withdrawal liability appeared to violate ERISA because
the increases were subject to a rehabilitation plan and did not
satisfy any statutory exceptions to the rule requiring such
increases to be disregarded.
On July 18, 2025, the Court issued an interlocutory order giving
effect to the Preliminary MEPP Opinion.
Motion to Convert
MFN Partners, LP, and Mobile Street Holdings, LLC, on April 29,
2025, filed a motion to convert the Chapter 11 cases of the Debtors
to cases under Chapter 7 liquidation. MFN is the single largest
equity security holder of the publicly traded stock of Yellow. Its
wholly owned affiliate, Mobile Street, acquired several general
unsecured claims against the Debtors.
MFN noted that the Debtors ceased operating their prepetition
businesses days before the chapter 11 filing, the chapter 11 cases
are nearing their two-year anniversary, and the Debtors have a plan
that was premised on an unconscionable "settlement" favoring
members of the Committee and a select group of multi-employer
pension plans ("MEPPs") whose claims had been objected to by the
Debtors and MFN.
"[T]his Court's analyses overwhelmingly favored the estates and
Movants on the MEPP claim objections, resulting in over $2 billion
in claims being subject to disallowance and, equally importantly,
50% of all MEPP claims being subordinated to non-MEPP general
unsecured claims if the Debtors' estates were determined to be
insolvent," MFN said in its Motion to Convert.
MFN points out that the Court's April 7 "preliminary observations"
opinion has effectively rendered that "settlement" even more
unconscionable and yet, despite multiple requests by Movants that
the Debtors and the Committee withdraw the Third Amended Plan, they
have thus far refused to do so and have shown nothing to otherwise
move this case forward towards a confirmable plan.
"Had their fiduciary compasses not been broken, the Debtors and the
Committee would have been thrilled with the impact of the April 7
MEPP Objection Opinion because all other general unsecured
creditors holding allowable claims stood to materially benefit and
even have a chance at payment in full," MFN said.
New Plan Filed
The Debtors and the Committee filed their Fourth Amended Plan on
July 29, 2025, saying that as a result of the Preliminary MEPP
Opinion, they determined that the Third Amended Plan was no longer
a viable option. Immediately following the Bankruptcy Court's
issuance of the Preliminary MEPP Opinion, the Plan Proponents
reengaged with the MEPP claimants who had previously agreed to the
terms of the Third Amended Plan in an effort to reach agreement on
a revised settlement that would comport with the Preliminary MEPP
Opinion, in addition to all other rulings issued in the cases to
date. The parties have been unable to reach consensus and
therefore have filed the Plan consistent with the Court's
commentary at the hearing on the Motion to Convert.
The Fourth Amended Plan does not propose to settle any of the
Disputed MEPP Claims and, instead, the Plan provides that pending
litigation will transfer to the Liquidating Trust. Nonetheless,
the Plan Proponents intend to continue settlement discussions with
the MEPP claimants and other parties in interest in parallel while
prosecuting the Plan.
The Plan Proponents filed the Fourth Amended Plan in order to
achieve an orderly conclusion to these cases. Generally, the
Plan:
-- provides for the vesting of all of the Debtors' and their
Estates' assets as of the Effective Date in the Liquidating Trust
for the purpose of distributions to Holders of Allowed Claims or
Allowed Interests, as applicable;
-- provides for the transfer of all pending litigation and
disputes to the Liquidating Trust for resolution after the
Effective Date in accordance with the Liquidating Trust Agreement;
-- provides that the Committee, in consultation with the
Debtors, will designate a Liquidating Trustee to wind down the
Debtors' remaining affairs, pay, and reconcile Claims, and
administer the Plan in an efficient manner; and
-- contemplates recoveries to Holders of Administrative Claims,
Other Priority Claims, Employee PTO/Commission Full Pay GUC Claims,
and Convenience Class Claims that will render unimpaired the
Allowed Claims of such Holders.
Unsecured Recoveries
According to Fourth Amended Disclosure Statement, Class 5 General
Unsecured Claims have these projected recoveries under the Fourth
Amended Plan:
Unsecured Claims
Debtor Projected Recovery
------ ------------------
1105481 Ontario Inc. 0.0% - 0.0%
Express Lane Service, Inc. 0.0% - 0.0%
New Penn Motor Express LLC 2.5% - 3.5%
Roadway Express International, Inc. 0.0% - 0.0%
Roadway LLC 5.0% - 10.9%
Roadway Next Day Corporation 0.0% - 0.0%
USF Bestway Inc. 0.0% - 0.0%
USF Dugan Inc. 0.0% - 0.0%
USF Holland International Sales Corporation 0.0% - 0.0%
USF Holland LLC 2.8% - 6.4%
USF Reddaway Inc. 2.3% - 4.0%
USF Redstar LLC 0.0% - 0.0%
Yellow Corporation 0.0% - 0.0%
Yellow Freight Corporation 0.0% - 0.0%
Yellow Logistics, Inc. 0.0% - 0.0%
YRC Association Solutions, Inc. 0.0% - 0.0%
YRC Enterprise Services, Inc. 0.0% - 0.0%
YRC Freight Canada Company 0.0% - 0.0%
YRC Inc. 12.7% - 24.3%
YRC International Investments, Inc. 0.0% - 0.0%
YRC Logistics Inc. 0.0% - 0.0%
YRC Logistics Services, Inc. 0.0% - 0.0%
YRC Mortgages, LLC 0.0% - 0.0%
YRC Regional Transportation, Inc. 0.3%% - 0.4%
The projected recoveries still account for the Withdrawal Liability
Claims asserted by the MEPPs. These claims are the subject of
ongoing appeals or may be subject to further appeals, and may
change materially depending on the outcome of those appeals.
The Third Amended Plan projected a recovery of 12.0% to 16.0% for
electing J&S Holders and 12.0% to 17.0% for non-electing J&S
Holders of Class 5A Joint and Several General Unsecured Claims.
The Plan also projected a recovery of 12.0% to 16.0% for holders of
Class 5B Non-Joint and Several General Unsecured Claims.
The Plan Proponents believe that confirmation of the Fourth Amended
Plan will expedite and enhance distributions on account of allowed
claims as quickly and efficiently as is practicable. Accordingly,
the Plan Proponents urge all holders of claims entitled to vote to
accept the Plan by returning their ballots so that Epiq Corporate
Restructuring, LLC, the Debtors' claims and noticing agent,
actually receives such ballots by Oct. 22, 2025 at 4:00 p.m.
prevailing Eastern Time. The Debtors have proposed a Nov. 5, 2025
hearing for confirmation of the Plan. A hearing to consider
approval of the Fourth Amended Disclosure Statement is slated for
Sept. 4, 2025.
About Yellow Corporation
Yellow Corporation -- www.myyellow.com -- operated logistics and
less-than-truckload (LTL) networks in North America, providing
customers with regional, national, and international shipping
services throughout. Yellow's principal office is in Nashville,
Tenn., and is the holding company for a portfolio of LTL brands
including Holland, New Penn, Reddaway, and YRC Freight, as well as
the logistics company Yellow Logistics.
Yellow Corporation and 23 affiliates concurrently filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del. Lead Case No. 23-11069) on August 6, 2023, before
the Hon. Craig T. Goldblatt. As of March 31, 2023, Yellow Corp had
$2,152,200,000 in total assets against $2,588,800,000 in total
liabilities. The petitions were signed by Matthew A. Doheny as
chief restructuring officer.
Kirkland & Ellis LLP is serving as the Company's restructuring
counsel, Pachulski Stang Ziehl& Jones LLP is serving as the
Company's Delaware local counsel, Kasowitz, Benson and Torres LLP
is serving as special litigation counsel, Goodmans LLP is serving
as the Company's special Canadian counsel, Ducera Partners LLC is
serving as the Company's investment banker, and Alvarez and Marsal
is serving as the Company's financial advisor. Epiq Bankruptcy
Solutions serves as claims and noticing agent.
Milbank LLP, serves as counsel to certain investment funds and
accounts managed by affiliates of Apollo Capital Management, L.P.
White & Case LLP, serves as counsel to Beal Bank USA. Arnold &
Porter Kaye ScholerLLP, serves as counsel to the United States
Department of the Treasury. Alter Domus Products Corp., the
Administrative Agent to the DIP Lenders, is represented by Holland
& Knight LLP.
Akin Gump Strauss Hauer & Feld LLP and Benesch, Friedlander, Coplan
& Aronoff LLP are serving as counsel to the Official Committee of
Unsecured Creditors.
Potter Anderson & Corroon LLP and Quinn Emanuel Urquhart &
Sullivan, LLP, are representing MFN Partners, LP and Mobile Street
Holdings, LLC.
ZEN JV: Committee Seeks to Hire Cole Schotz P.C. as Counsel
-----------------------------------------------------------
The official committee of unsecured creditors Zen JV, LLC seeks
approval from the U.S. Bankruptcy Court for the District of
Delaware to employ Cole Schotz P.C. as counsel.
The firm's services include:
a. serving as counsel to the Committee;
b. providing legal advice with respect to the Committee's
powers, rights, duties and obligations in these Chapter 11 Cases;
c. assisting and advising the Committee in its consultations
with the Debtors regarding the administration of these Chapter 11
Cases;
d. assisting the Committee in reviewing and negotiating terms
for unsecured creditors with respect to (i) debtor in possession
financing and the use of cash collateral, (ii) any sale of the
Debtors' assets, including negotiating bid procedures and proposed
asset purchase agreements, (iii) confirmation of a chapter 11 plan,
and (iv) other requests for relief which would impact unsecured
creditors;
e. investigating the liens asserted by the Debtors' lenders and
any potential causes of action against the Debtors' lenders and
other parties in interest;
f. advising the Committee on the corporate aspects of these
Chapter 11 Cases and any plan(s) or other means to effect the
Debtors' liquidation that may be proposed in connection therewith
and participation in the formulation of any such plan(s) or means
of implementing the liquidation, as necessary;
g. taking all necessary actions to protect and preserve the
estates of the Debtors for the benefit of unsecured creditors,
including the investigation of the acts, conduct, assets,
liabilities and financial condition of the Debtors, the
investigation of the prior operation of the Debtors' businesses and
the investigation and prosecution of estate claims, causes of
action and any other matters relevant to these Chapter 11 Cases;
h. preparing on behalf of the Committee all necessary motions,
applications, complaints, answers, orders, reports, papers and
other pleadings and filings in connection with the Committee's
duties in these Chapter 11 Cases;
i. advising and representing the Committee in hearings and other
judicial proceedings in connection with all necessary motions,
applications, objections and other pleadings and otherwise
protecting the interests of those represented by the Committee;
and
j. performing all other necessary legal services as may be
required and authorized by the Committee that are in the best
interests of unsecured creditors.
The firm will be paid at these rates:
Members $595 to $1,575 per hour
Special Counsel $625 to $840 per hour
Associates $380 to $675 per hour
Paralegals $315 to $460 per hour
Litigation Support Specialists $425 to $535 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
The following is provided in response Paragraph D.1. of the Revised
UST Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: No. Cole Schotz professionals working on this matter
will bill at their standard hourly rates.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Response: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed postpetition, explain the
difference and the reasons for the difference.
Response: Cole Schotz did not represent the Committee during
the 12 months preceding the filing of the Chapter 11 Cases.
Question: Has your client approved your prospective budget and
staffing plan, and, if so for what budget period?
Response: Cole Schotz expects to develop a prospective budget
and staffing plan to reasonably comply with the U.S. Trustee's
request for information and additional disclosures, as to which
Cole Schotz reserves all rights.
Mr. Alberto disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Justin R. Alberto, Esq.
Melissa M. Hartlipp, Esq.
Elazar A. Kosman, Esq.
Cole Schotz P.C.
500 Delaware Avenue, Suite 600
Wilmington, DE 19801
Telephone: (302) 652-3131
Facsimile: (302) 652-3117
Email: jalberto@coleschotz.com
mhartlipp@coleschotz.com
ekosman@coleschotz.com
About Zen JV, LLC
Zen JV, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11195) on June 24,
2025, listing up to $100 million in assets and up to $500,000 in
liabilities. Jeff Furman, chief executive officer of Zen JV, signed
the petition.
Judge Kate Sickles oversees the case.
Zachary I. Shapiro, Esq., at Richards, Layton & Finger, P.A., is
the Debtor's legal counsel.
JMB Capital Partners Lending, LLC, as DIP lender, is represented by
Matthew B. Lunn, Esq., and Robert F. Poppiti, Jr., Esq. of Young
Conaway Stargatt & Taylor, LLP, and Robert M. Hirsh, Esq., and
James A. Copeland, Esq. of Norton Rose Fulbright US LLP.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Zen JV,
LLC and its affiliates.
ZEN JV: Committee Seeks to Hire M3 Advisory as Financial Advisor
----------------------------------------------------------------
The official committee of unsecured creditors Zen JV, LLC seeks
approval from the U.S. Bankruptcy Court for the District of
Delaware to employ M3 Advisory Partners, LP as financial advisor.
The firm will provide these services:
-- assist in the analysis, review, and monitoring of the
restructuring process, including without limitation an assessment
of the unsecured claims pool and potential recoveries for unsecured
creditors;
-- develop information regarding the Debtors' businesses and
their potential values under different scenarios;
-- evaluate the Debtors' plans and any alternatives with respect
to the disposition of the Debtors' assets from those currently or
in the future proposed by any Debtor;
-- monitor and, to the extent appropriate, assist the Debtors in
efforts to develop and solicit transactions that would support
unsecured creditor recovery;
-- assist the Committee in identifying, valuing, and pursuing
estate causes of action, including, but not limited to, relating to
prepetition transactions and the liens and claims asserted by the
Debtors' lenders;
-- assist the Committee to analyze, classify and address claims
against the Debtors and to participate effectively in any effort in
these chapter 11 cases to estimate (in any formal or informal
sense) contingent, unliquidated, and disputed claims;
-- advise the Committee in negotiations with the Debtors,
certain of the Debtors' lenders, and third parties;
-- assist the Committee in reviewing the Debtors' financial
reports;
-- assist the Committee in reviewing the Debtors' cost/benefit
analysis with respect to the assumption or rejection of various
executory contracts and leases;
-- review and provide analysis of the present and any
subsequently proposed or potential debtor-in-possession financing
or use of cash collateral;
-- assist the Committee in evaluating and analyzing avoidance
actions, including fraudulent conveyances and preferential
transfers;
-- assist the Committee in investigating whether any
unencumbered assets at the Debtors exist;
-- review and provide analysis of any proposed disclosure
statement and chapter 11 plan and, if appropriate, assist the
Committee in developing an alternative chapter 11 plan;
-- attend meetings and assist in discussions with the Committee,
the Debtors, the secured lenders, the U.S. Trustee and other
parties in interest and professionals;
-- present at meetings of the Committee, as well as meetings
with other key stakeholders and parties;
-- perform such other advisory services for the Committee as may
be necessary or proper in these proceedings, subject to the
aforementioned scope; and
-- provide testimony on behalf of the Committee as and when may
be deemed appropriate.
The firm will be paid at these rates:
Managing Partner $1,500 per hour
Senior Managing Director $1,390 per hour
Managing Director $1,150 to 1,290 per hour
Senior Director $1,120 per hour
Director $940 to 1,060 per hour
Vice President $840 per hour
Senior Associate $725 per hour
Associate $615 per hour
Analyst $500 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert Winning, a managing director at M3 Advisory Partners,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Robert Winning
M3 Advisory Partners LP
1700 Broadway 19th Floor
New York, NY 10019
Telephone: (212) 202-2200
About Zen JV, LLC
Zen JV, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11195) on June 24,
2025, listing up to $100 million in assets and up to $500,000 in
liabilities. Jeff Furman, chief executive officer of Zen JV, signed
the petition.
Judge Kate Sickles oversees the case.
Zachary I. Shapiro, Esq., at Richards, Layton & Finger, P.A., is
the Debtor's legal counsel.
JMB Capital Partners Lending, LLC, as DIP lender, is represented by
Matthew B. Lunn, Esq., and Robert F. Poppiti, Jr., Esq. of Young
Conaway Stargatt & Taylor, LLP, and Robert M. Hirsh, Esq., and
James A. Copeland, Esq. of Norton Rose Fulbright US LLP.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Zen JV,
LLC and its affiliates.
[^] Recent Small-Dollar & Individual Chapter 11 Filings
-------------------------------------------------------
In re Edgewood Hospitality Group LLC
Bankr. E.D. Cal. Case No. 25-23743
Chapter 11 Petition filed July 22, 2025
See
https://www.pacermonitor.com/view/OYT62DQ/Edgewood_Hospitality_Group_LLC__caebke-25-23743__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re John Jefferson Vitalich
Bankr. N.D. Cal. Case No. 25-51105
Chapter 11 Petition filed July 22, 2025
In re Suzanne E Masias and Nathaniel A. Masias
Bankr. D. Colo. Case No. 25-14546
Chapter 11 Petition filed July 22, 2025
represented by: Jonathan Dickey, Esq.
KUTNER BRINEN DICKEY RILEY, P.C.
In re Jacqueline Laude
Bankr. D. Conn. Case No. 25-50588
Chapter 11 Petition filed July 22, 2025
In re DuPage Equipment LLC
Bankr. N.D. Ill. Case No. 25-11146
Chapter 11 Petition filed July 22, 2025
See
https://www.pacermonitor.com/view/BL46LQA/DuPage_Equipment_LLC__ilnbke-25-11146__0001.0.pdf?mcid=tGE4TAMA
represented by: Paul M. Bach, Esq.
BACH LAW OFFICES
E-mail: paul@bachoffices.com
In re Dora Lizzie Aja
Bankr. D. Mass. Case No. 25-11503
Chapter 11 Petition filed July 22, 2025
Filed Pro Se
In re Sebring Revolution, Inc.
Bankr. S.D.N.Y. Case No. 25-11608
Chapter 11 Petition filed July 22, 2025
See
https://www.pacermonitor.com/view/ROH57DI/Sebring_Revolution_Inc__nysbke-25-11608__0001.0.pdf?mcid=tGE4TAMA
represented by: Scott J. Bogucki, Esq.
GLEICHENHAUS, MARCHESE & WEISHAAR, P.C.
In re The Complex at Port Chester LLC
Bankr. S.D.N.Y. Case No. 25-22685
Chapter 11 Petition filed July 22, 2025
See
https://www.pacermonitor.com/view/A7J3WDQ/The_Complex_at_Port_Chester_LLC__nysbke-25-22685__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Troy Brice Kelley
Bankr. D.S.C. Case No. 25-02801
Chapter 11 Petition filed July 22, 2025
represented by: Robert Cooper, Esq.
In re The Blue Heating and Air Conditioning LLC
Bankr. D. Colo. Case No. 25-14585
Chapter 11 Petition filed July 23, 2025
See
https://www.pacermonitor.com/view/DLP3WZQ/The_Blue_Heating_and_Air_Conditioning__cobke-25-14585__0001.0.pdf?mcid=tGE4TAMA
represented by: Johnny M Wilson, Esq.
JOHNNY M WILSON ESQ PC
E-mail: jwilsonatty@gmail.com
In re Light of Hope Behavior Therapy Inc.
Bankr. S.D. Fla. Case No. 25-18397
Chapter 11 Petition filed July 23, 2025
See
https://www.pacermonitor.com/view/V5IS7CQ/Light_of_Hope_Behavior_Therapy__flsbke-25-18397__0001.0.pdf?mcid=tGE4TAMA
represented by: Jacqueline Calderin, Esq.
AGENTIS PLLC
E-mail: jc@agentislaw.com
In re Dolce Balloons, LLC
Bankr. S.D. Fla. Case No. 25-18400
Chapter 11 Petition filed July 23, 2025
See
https://www.pacermonitor.com/view/FTJL3OQ/Dolce_Balloons_LLC__flsbke-25-18400__0001.0.pdf?mcid=tGE4TAMA
represented by: Christina Vilaboa-Abel, Esq.
CAVA LAW LLC
E-mail: eservice@cavalegal.com
In re G & T 5206 Investments
Bankr. E.D. Pa. Case No. 25-12940
Chapter 11 Petition filed July 23, 2025
See
https://www.pacermonitor.com/view/4PL6CPI/G__T_5206_INVESTMENTS__paebke-25-12940__0001.0.pdf?mcid=tGE4TAMA
represented by: Maggie Soboleski, Esq.
CENTER CITY LAW OFFICES, LLC
E-mail: msoboles@yahoo.com
In re The Original Eggs-R-Us L.L.C.
Bankr. W.D. Pa. Case No. 25-21914
Chapter 11 Petition filed July 23, 2025
See
https://www.pacermonitor.com/view/ZQKGTUY/The_Original_Eggs-R-Us_LLC__pawbke-25-21914__0001.0.pdf?mcid=tGE4TAMA
represented by: Donald R. Calaiaro, Esq.
CALAIARO VALENCIK
E-mail: dcalaiaro@c-vlaw.com
In re Hogar Luz Divina Mia Inc.
Bankr. D.P.R. Case No. 25-03287
Chapter 11 Petition filed July 23, 2025
See
https://www.pacermonitor.com/view/RZQOX7Q/HOGAR_LUZ_DIVINA_MIA_INC__prbke-25-03287__0001.0.pdf?mcid=tGE4TAMA
represented by: Javier Vilarino, Esq.
VILARINO AND ASSOCIATES LLC
E-mail: jvilarino@vilarinolaw.com
In re Source Mortgage & Funding, Inc
Bankr. W.D. Tenn. Case No. 25-23647
Chapter 11 Petition filed July 23, 2025
See
https://www.pacermonitor.com/view/BZ7EZFY/Source_Mortgage__Funding_Inc__tnwbke-25-23647__0001.0.pdf?mcid=tGE4TAMA
represented by: Jerome C. Payne, Esq.
PAYNE LAW FIRM
E-mail: jerpaynelaw@gmail.com
In re Burnt, LLC
Bankr. N.D. Tex. Case No. 25-42654
Chapter 11 Petition filed July 23, 2025
See
https://www.pacermonitor.com/view/3OXYNEI/Burnt_LLC__txnbke-25-42654__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert T DeMarco, Esq.
DEMARCO MITCHELL, PLLC
E-mail: robert@demarcomitchell.com
In re Lenasi, Inc.
Bankr. C.D. Cal. Case No. 25-11327
Chapter 11 Petition filed July 24, 2025
See
https://www.pacermonitor.com/view/6KY24ZI/Lenasi_Inc__cacbke-25-11327__0001.0.pdf?mcid=tGE4TAMA
represented by: Vahe Khojayan, Esq.
YK LAW, LLP
E-mail: vkhojayan@jklaw.us
In re Summit Protective & Investigative Services, Inc.
Bankr. E.D. Cal. Case No. 25-23819
Chapter 11 Petition filed July 24, 2025
See
https://www.pacermonitor.com/view/LCEST2A/Summit_Protective__Investigative__caebke-25-23819__0001.0.pdf?mcid=tGE4TAMA
represented by: Michael Jay Berger, Esq.
LAW OFFICES OF MICHAEL JAY BERGER
E-mail: michael.berger@bankruptcypower.com
In re Persistent Holdings Corporation
Bankr. M.D. Fla. Case No. 25-05084
Chapter 11 Petition filed July 24, 2025
See
https://www.pacermonitor.com/view/HNLWP4Q/Persistent_Holdings_Corporation__flmbke-25-05084__0001.0.pdf?mcid=tGE4TAMA
represented by: Mark S. Roher, Esq.
LAW OFFICE OF MARK S. ROHER, P.A.
E-mail: mroher@markroherlaw.com
In re Illuminated Trees, Inc.
Bankr. C.D. Ill. Case No. 25-11328
Chapter 11 Petition filed July 24, 2025
See
https://www.pacermonitor.com/view/KQME7BI/Illuminated_Trees_Inc__cacbke-25-11328__0001.0.pdf?mcid=tGE4TAMA
represented by: Vahe Khojayan, Esq.
YK LAW, LLP
E-mail: vkhojayan@yklaw.us
In re Southern Louisiana Land Services, LLC
Bankr. W.D. La. Case No. 25-80446
Chapter 11 Petition filed July 24, 2025
See
https://www.pacermonitor.com/view/2P7XDWI/Southern_Louisiana_Land_Services__lawbke-25-80446__0001.0.pdf?mcid=tGE4TAMA
represented by: Thomas R. Willson, Esq.
ROCKY WILLSON LAW OFFICE
E-mail: rocky@rockywillsonlaw.com
In re Charles Stitt Drummond, III
Bankr. E.D. Tenn. Case No. 25-11883
Chapter 11 Petition filed July 24, 2025
represented by: W. Thomas Bible, Jr., Esq.
In re KDZ Realty LLC
Bankr. E.D. Va. Case No. 25-32924
Chapter 11 Petition filed July 24, 2025
See
https://www.pacermonitor.com/view/IBJOLLI/KDZ_Realty_LLC__vaebke-25-32924__0001.0.pdf?mcid=tGE4TAMA
represented by: Martin C. Conway, Esq.
CONWAY LAW GROUP, PC
E-mail: martinecf@conwaylegal.com
In re Parham Zar and Shoshana Djavaheri
Bankr. C.D. Cal. Case No. 25-16367
Chapter 11 Petition filed July 25, 2025
represented by: Michael Berger, Esq.
In re Mallory Madison Holdings LLC
Bankr. S.D. Fla. Case No. 25-18499
Chapter 11 Petition filed July 25, 2025
See
https://www.pacermonitor.com/view/2QPDUBA/Mallory_Madison_Holdings_LLC__flsbke-25-18499__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Thomas David Hart and Jane Elizabeth Hart
Bankr. N.D. Ga. Case No. 25-58307
Chapter 11 Petition filed July 25, 2025
represented by: Benjamin Keck, Esq.
In re Edward B Holmes, Jr.
Bankr. W.D. La. Case No. 25-80449
Chapter 11 Petition filed July 25, 2025
represented by: Thomas Willson, Esq.
In re Erin J Kirby
Bankr. D. Mass. Case No. 25-11546
Chapter 11 Petition filed July 25, 2025
represented by: Barry Levine, Esq.
In re Ablenvironmental LLC
Bankr. D.N.J. Case No. 25-17836
Chapter 11 Petition filed July 25, 2025
See
https://www.pacermonitor.com/view/LJEDKCY/Ablenvironmental_LLC__njbke-25-17836__0001.0.pdf?mcid=tGE4TAMA
represented by: Melinda Middlebrooks, Esq.
MIDDLEBROOKS SHAPIRO, P.C.
E-mail:
middlebrooks@middlebrooksshapiro.com
In re Homing NYC LLC
Bankr. E.D.N.Y. Case No. 25-43510
Chapter 11 Petition filed July 25, 2025
See
https://www.pacermonitor.com/view/OLUKMKQ/HOMING_NYC_LLC__nyebke-25-43510__0001.0.pdf?mcid=tGE4TAMA
represented by: Solomon Rosengarten, Esq.
SOLOMON ROSENGARTEN
E-mail: vokma@aol.com
In re Heavenly Hogs Tours, LLC
Bankr. E.D. Tenn. Case No. 25-11901
Chapter 11 Petition filed July 25, 2025
See
https://www.pacermonitor.com/view/NKDFZWI/Heavenly_Hogs_Tours_LLC__tnebke-25-11901__0001.0.pdf?mcid=tGE4TAMA
represented by: W. Thomas Bible, Jr., Esq.
TOM BIBLE LAW
E-mail: tom@tombiblelaw.com
In re Rooted Summerville, LLC
Bankr. E.D. Tenn. Case No. 25-11896
Chapter 11 Petition filed July 25, 2025
See
https://www.pacermonitor.com/view/I4YRB5Y/Rooted_Summerville_LLC__tnebke-25-11896__0001.0.pdf?mcid=tGE4TAMA
represented by: W. Thomas Bible, Jr., Esq.
TOM BIBLE LAW
E-mail: tom@tombiblelaw.com
In re Michael Donald Bingham
Bankr. W.D. Wisc. Case No. 25-11664
Chapter 11 Petition filed July 25, 2025
represented by: Tibby Madison, Esq.
In re Donald Richard Bingham and Mary Louise Bingham
Bankr. W.D. Wisc. Case No. 25-11665
Chapter 11 Petition filed July 25, 2025
represented by: Emily Madison, Esq.
In re REWA Properties LLC
Bankr. S.D. Fla. Case No. 25-18570
Chapter 11 Petition filed July 27, 2025
See
https://www.pacermonitor.com/view/TMG5UVY/REWA_Properties_LLC__flsbke-25-18570__0001.0.pdf?mcid=tGE4TAMA
represented by: Mark S. Roher, Esq.
LAW OFFICE OF MARK S. ROHER, P.A.
E-mail: mroher@markroherlaw.com
In re De'nsite Inc.
Bankr. N.D. Ill. Case No. 25-11428
Chapter 11 Petition filed July 27, 2025
See
https://www.pacermonitor.com/view/77FUQZA/Densite_Inc__ilnbke-25-11428__0001.0.pdf?mcid=tGE4TAMA
represented by: Saulius Modestas, Esq.
MODESTAS LAW OFFICES, P.C.
E-mail: smodestas@modestaslaw.com
*********
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