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T R O U B L E D C O M P A N Y R E P O R T E R
Friday, August 8, 2025, Vol. 29, No. 219
Headlines
1031 SOLUTIONS: Taps Cresa LLC as Real Estate Broker
35A PROPERTY: Hires Michael L. Previto as Legal Counsel
3784 LLC: Seeks to Hire Adam I. Skolnik PA as Bankruptcy Counsel
3910 ENTERPRISES: Case Summary & 14 Unsecured Creditors
58 OCEAN: To Sell Deal Property to Martin and Joy Erani for $9.6MM
8787 RICCHI: Amends Unsecured Claims Pay Details
AAA ABC ACQUISITION: Unsecureds Will Get 57% of Claims in Plan
ACADEMY AT PENGUIN: U.S. Trustee Appoints Creditors' Committee
ALACHUA GOVERNMENT: Taps Janet R. Naifeh of FTI Consulting as CRO
ALACHUA GOVERNMENT: Taps Richards Layton & Finger as Legal Counsel
ALAN REDMOND: Wins Summary Judgment Bid in Jordan Adversary Case
ALLIANT HOLDINGS: Moody's Affirms 'B3' CFR, Outlook Stable
ALPINE SUMMIT: Larry Jacobs Breached Ethical Duties Owed to HB2
ALVERNIA UNIVERSITY: S&P Affirms 'BB+' Rating on 2020 Revenue Debt
AMERICAN PEST: $390K Unsecured Claims to Split $31K over 3 Years
AQUA SPAS: Taps Kutner Brinen Dickey Riley as Attorneys
ATHENA MEDICAL: Court Tosses Dorsey & Whitney's Fee Application
ATLAS CC: Moody's Appends 'LD' Designation to PDR
AUTO HOUSE: U.S. Trustee Unable to Appoint Committee
AVON PLACE: Hires Schwartz Sladkus LLP as Litigation Counsel
BALKAN EXPRESS: Seeks to Extend Plan Exclusivity to November 26
BAYSIDE LIMO: Gets Interim OK to Use Cash Collateral
BELLEHAVEN ACADEMY: U.S. Trustee Unable to Appoint Committee
BESTWALL LLC: 4th Cir. Rejects Bid to Dismiss Bankruptcy Case
BG SHOP: Unsecured Creditors to Split $10K in Plan
BIG STORM: U.S. Trustee Unable to Appoint Committee
BISHOP OF FRESNO: Hires Donlin Recano as Administrative Advisor
BISHOP OF FRESNO: Hires Kahn Soares & Conway as Special Counsel
BISHOP OF FRESNO: Hires Stradley Ronon as Special Counsel
BLH TOPCO: Plan Exclusivity Period Extended to October 22
BRIGHT CARE: Court OKs Deal to Use Live Oak's Cash Collateral
BTG TEXTILES: Seeks Cash Collateral Access Until December
CALI MADE COLD: Unsecureds Owed $1.48M Will Get 1% of Claims
CAMTREN HOLDINGS: Hires Rountree Leitman Klein as Legal Counsel
CENTER FOR SPECIAL: Founder Loses Bid to Revoke Detention Order
CENTRAL RENT-ALL: Seeks Chapter 11 Bankruptcy in Louisiana
CGA CORP: Seeks to Hire Ure Law Firm as Bankruptcy Counsel
CHAMPIONS FINANCING: Moody's Cuts CFR to Caa1, Outlook Stable
CHICKEN SOUP: Court Tosses Muszynski Appeal on Retention Order
CINEMAWORLD OF FLORIDA: U.S. Trustee Unable to Appoint Committee
CLAIRE'S HOLDINGS: Gets Interim OK to Use Cash Collateral
CLAIRE'S STORES: Files 2nd Chapter 11 Bankruptcy
CLEAN ENERGY: Issues $151.8K Note to 1800 Diagonal for $132K
CLOUD SOFTWARE: S&P Assigns 'B' Rating on Secured First-Lien Loans
CONFLUENCE CORP: U.S. Trustee Appoints Creditors' Committee
CONSOLIDATED APPAREL: Gets Extension to Access Cash Collateral
CRANE ENTERPRISES: Wins Summary Judgment Bid in Crane, et al. Case
CS-ORED LLC: Case Summary & One Unsecured Creditor
CYTOPHIL INC: Seeks to Extend Plan Exclusivity to August 26
D&B RENTALS: Seeks to Tap Expert Accounting Services as Accountant
DALLAS PARTY: Seeks to Hire Hayward PLLC as Bankruptcy Counsel
DANIEL TRUCKING: Hires David Freydin PC as Bankruptcy Counsel
DASHFIRE LLC: To Sell Beverage Equipment to Multiple Buyers
DEEJAYZOO LLC: Seeks to Extend Plan Exclusivity to March 24, 2026
DESKTOP METAL: Gets Interim OK to Use Cash Collateral
DFND SECURITY: Seeks Subchapter V Bankruptcy in California
DIAMONDHEAD CASINO: Court Grants Chapter 7 Involuntary Petition
DISTRICT 7 GRILL: Case Summary & 15 Unsecured Creditors
DVC3 LLC: Court Denies Bid to Extend Cash Collateral Access
EKROOP LLC: Seeks to Hire Caddell Reynolds as Attorney
EL DORADO: Affiliate to Sell Oil & Gas Leases to Hilcorp Energy
ENDI PLAZA: Seeks Cash Collateral Access
ENI DIST: Voluntary Chapter 11 Case Summary
EPIC! CREATIONS: Unsecureds to Get Nothing in Plan
ESSATIONS INC: Seeks to Tap David Freydin PC as Bankruptcy Counsel
EXACTECH INC: Fee Examiner Taps Verrill Dana as Counsel
FELTRIM TUSCANY: Amends U.S. Bank Secured Claims Pay Details
FIGUEROA TELEPHONE: Unsecureds to Split $1K over 12 Months
FREEDOM RAVE: Unsecured Creditors to Split $50K in Plan
FRESE INDUSTRIES: Hires Bond Law Office as Legal Counsel
FRONTIER COMMUNICATIONS: Court Refuses to Reopen Chapter 11 Case
GRANT PARK: Case Summary & 20 Largest Unsecured Creditors
HARDING BELL: U.S. Trustee Appoints Creditors' Committee
HOLLOWELL VENTURES: Hires Bond Law Office as Legal Counsel
HRHI WIND-DOWN: Seeks to Extend Plan Exclusivity to November 4
IDEAL PROPERTY: Bridgeview Property Sale to Framos Properties OK'd
INDY US: Moody's Hikes Rating on Secured Bank Loans to 'B1'
IR4C INC: Hires Saunders Real Estate LLC as Real Estate Broker
IYA FOODS: Court OKs Bakery Equipment Sale to J&J Snack for $2.1MM
J AND A 5TH AVE: Hires Scura Wigfield Heyer as Legal Counsel
J&L LANDSCAPE: Unsecured Creditors to Split $10K in Plan
J4G LLC: Gets Interim OK to Use Cash Collateral Until Sept. 23
LAURENT TOWER: Hires Hilco Real Estate LLC as Real Estate Agent
LENDINGTREE INC: S&P Rates New Senior Secured Credit Facility 'B'
LEVEL 3 FINANCING: Fitch Rates First Lien Secured Notes 'B+'
LEVEL 3 FINANCING: Moody's Rates New Secured First Lien Notes 'B1'
LIGADO NETWORKS: Seeks to Extend Plan Exclusivity to November 3
LINDA FLORA: Seeks to Hire Lewis Phon as Bankruptcy Counsel
M.L.B. DESIGNS: Gets Interim OK to Use Cash Collateral
MARI ARI: Court Extends Cash Collateral Access to Aug. 27
MARIN SOFTWARE: Court OKs Final DIP Order and Disclosure Statement
MATCH GROUP: S&P Rates New $700MM Senior Unsecured Notes 'BB'
MCCLAIN FAMILY: Has Deal on Cash Collateral Access
MCR HEALTH: Behavioral Health Practice Sale for $2.5M OK'd
MEANDERING BEND: Voluntary Chapter 11 Case Summary
MID-COLORADO INVESTMENT: Taps Fidelis CPAs as Tax Accountant
MILAN SAI: Court Extends Cash Collateral Access to Aug. 20
MIRAMAR TOWNHOMES: Gets Extension to Access Cash Collateral
MIRROR TRADING: Bid to Issue Pluries Summons on Investor Granted
MODERN FLOOR: Voluntary Chapter 11 Case Summary
MOWBRAY WATERMAN: Seeks to Hire Ordinary Course Professionals
MP COMPLETE: Case Summary & Eight Unsecured Creditors
NABORS INDUSTRIES: Director David Tudor Holds 700 Common Shares
NABORS INDUSTRIES: Welcomes David Tudor to Board of Directors
NATIONAL REALTY: Court Narrows Claims in AIRN Adversary Case
NEW EARTH: Seeks to Hire Budgen Law as Bankruptcy Counsel
NEW REDBIRD: Voluntary Chapter 11 Case Summary
NIKOLA CORP: Hires Kasowitz LLP as Special Litigation Counsel
NORTIA LOGISTICS: Court Extends Cash Collateral Access to Aug. 29
NUNO MANSION: Hires Steven Richman as Special Litigation Counsel
OAKTREE OCALA: Gets Interim OK to Use Cash Collateral
OCEANSIDE COLLEGIATE: Moody's Downgrades Revenue Rating to Ba1
ORB ENERGY: Voluntary Chapter 11 Case Summary
PEGGY NESTOR: Employment of Vinay Agarwal as Accountant Upheld
PELICAN PROS: Taps Edwin M. Shorty Jr. as Bankruptcy Counsel
PEPPERMILL LIMITED: Belton Appeal in Chapter 11 Cases Tossed
PETSMART LLC: Moody's Affirms B2 CFR & Rates New 1st Lien Notes B2
PHVC4 HOMES: To Sell 31 Vacant Lots to Team Steber for $1.2MM
PIONEER AIRCRAFT: Fitch Hikes Rating on Series C Notes to 'Bsf'
POPELINO'S TRANSPORTATION: Seeks to Use Cash Collateral
PRIME CAPITAL: Seeks to Sell Vehicles at Auction
PRIMERO SPINE: Gets Extension to Access Cash Collateral
PRINCE LAND: Seeks Chapter 11 Bankruptcy in Florida
PROFESSIONAL DIVERSITY: SR CPA Succeeds Sassetti as Auditor
QNITY ELECTRONICS: S&P Assigns 'BB+' ICR, Outlook Stable
QUIDELORTHO CORP: S&P Assigns 'B+' ICR, Outlook Positive
RAS DATA: Seeks Chapter 11 Bankruptcy in Illinois
RB BIOSCIENCE: Voluntary Chapter 11 Case Summary
RECESS HOLDCO: S&P Alters Outlook to Stable, Affirms 'B+' ICR
RED RIVER: Ex-Judge Tapped to Re-examine Talc Evidence
RED ROCK: Seeks to Hire Robin Olvera as Bookkeeper
REDBIRD REALTY: Voluntary Chapter 11 Case Summary
REEF POOLS: Unsecured Creditors to Split $12K over 3 Years
RENOVARO INC: Board Chair Maurice van Tilburg to Resign Aug. 22
RIVERSIDE EXPRESS: Seeks to Hire Michael Jay Berger as Counsel
RLI SOLUTIONS: Hires Burns Scalo Brokerage as Real Estate Broker
SEBASTIAN HABIB: To Sell Austell Properties to AC Investment
SENOIA DRUG: Seeks to Hire Jones & Walden as Bankruptcy Counsel
SERVICOM LLC: Coral Capital Not Entitled to Early Termination Fee
SHAHINAZ SOLIMAN: Court OKs Deal to Use SBA's Cash Collateral
SHARPLINK GAMING: Joseph Chalom Named Co-Chief Executive Officer
SHARPLINK GAMING: Shareholders OK Share Increase, Incentive Plan
SILVER AIRWAYS: Trustee Taps E-Hounds Inc as Technology Consultant
SILVER AIRWAYS: Trustee Taps Richards Legal as Aviation Counsel
SLATE GAP: Hires Bond Law Office as Legal Counsel
SMALLHOLD INC: Mountain Meadow Wins Bid to Dismiss Adversary Case
SOUND VISION: Taps Macdonald Rand & Vollaro CPA LLP as Tax Advisor
SOUTH REGENCY: Block & Co. Steps Down as Committee Member
SOUTHERN EXPRESS: Case Summary & 20 Largest Unsecured Creditors
SYAGRUS SYSTEMS: Seeks to Use Cash Collateral
THUNDER RIDE: Gets Interim OK to Use Cash Collateral
TOMATLAN INC: Hires Gleichenhaus Marchese as General Counsel
TONIX PHARMACEUTICALS: Posts Preliminary Q2 2025 Financial Results
UNITED CONSTRUCTION: Seeks to Hire Ana Morales as Accountant
UPPER ROOM: Trustee Taps MYC & Associates as Real Estate Broker
VELUXE LLC: Gets Extension to Access Cash Collateral
VENUS CONCEPT: Secures $2M in Tenth Madryn Bridge Drawdown
VISION2SYSTEMS LLC: Plan Exclusivity Period Extended to August 19
WARM CORP: Gets Interim OK to Use Cash Collateral
WE LOVE DOGS: Unsecureds to Get 12.3 Cents on Dollar in Plan
WEST DEPTFORD: S&P Assigns 'B+' Rating on Sr. Secured Term Loan B
WHIRLPOOL CORP: S&P Alters Outlook to Neg., Affirms 'BB+' LT ICR
WHITESTAR DISTRIBUTORS: Claims to be Paid from Ongoing Operations
WILDFANG HOLDINGS: U.S. Trustee Unable to Appoint Committee
WINDTREE THERAPEUTICS: Audit Chair Resigns; Kucharchuk Joins Board
WOODLAND PLACE: Taps Clear Property Management as Listing Agent
WOODMAN INVESTMENT: Hires Havkin & Shrago as Insolvency Counsel
XWELL INC: Amends Bylaws to Lower Stockholder Voting Threshold
[^] BOOK REVIEW: The Sorcerer's Apprentice - Medical Miracles
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1031 SOLUTIONS: Taps Cresa LLC as Real Estate Broker
----------------------------------------------------
1031 Solutions, LLC seeks approval from the U.S. Bankruptcy Court
for the Central District of California to employ Cresa, LLC as its
real estate broker.
Cresa, LLC will provide these services:
(a) advertise and market the Property to interested parties;
(b) show the Property to interested parties;
(c) represent the estate as seller in connection with the sale of
the Property;
(d) advise the Debtor with respect to obtaining the highest and
best offers available in the present market for the Property; and
(e) perform other necessary tasks in the context of the employment
as real estate broker.
Cresa shall receive a commission equal to 6% of the gross sale
price (3% to an outside firm for representing the buyer and 3% to
Cresa for representing the seller). If Cresa is the only broker
involved, it will receive a 5% commission.
Cresa, LLC 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:
Tyler Clutts, Principal
Cresa, Inc.
1 Cowboys Way, Ste 350
Frisco, TX 75034
Telephone: (559) 355-8835
E-mail: tclutts@cresa.com
About 1031 Solutions, LLC
1031 Solutions LLC is a real estate investment firm located in Los
Angeles, CA, specializing in helping clients execute 1031 exchanges
to defer capital gains taxes. The Company is committed to offering
tailored and effective solutions, guiding investors through the
intricacies of tax-deferred exchanges to enhance their real estate
portfolios.
1031 Solutions LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11378) on February
24, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Julia W. Brand handles the case.
The Debtor is represented by Gary E. Klausner, Esq. at Levene Neale
Bender Yoo & Golubchik, LLP.
35A PROPERTY: Hires Michael L. Previto as Legal Counsel
-------------------------------------------------------
35A Property, Inc. seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to hire Michael L. Previto, a
professional practicing law in New York, to serve as legal counsel
in its Chapter 11 case.
Mr. Previto will provide these services:
(a) advise the Debtor with respect to its powers and duties as
Debtor-in-Possession in the operation and management of the
financial reorganization of the estate;
(b) attend meetings and negotiate with creditors, the Trustee,
and others;
(c) take all actions to protect the Debtor's estate, including
litigation and negotiation on the Debtor's behalf;
(d) prepare all motions, applications, answers, orders,
reports, and other legal papers necessary for the administration of
the estate;
(e) assist and represent the Debtor in obtaining financing, if
applicable;
(f) prepare a Chapter 11 plan and disclosure statement and take
actions to obtain confirmation of that plan;
(g) represent the Debtor's interest in any sale of property or
assets;
(h) appear in Court to protect the Debtor’s interests; and
(i) perform all other legal services and provide such advice as
necessary to assist the Debtor.
Mr. Previto's hourly rate is $250, and he received a $6,000
retainer, which included the filing fee. His compensation will not
increase during the proceeding.
Michael L. Previto is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code, according to court
filings.
He can be reached at:
Michael L. Previto, Esq.
150 Motor Parkway, Suite 401
Hauppauge, NY 11788
Telephone: (631) 379-0837
About 35A Property, Inc.
35A Property Inc. is a single-asset real estate debtor as defined
under 11 U.S.C. Section 101(51B). The Company is involved in
managing a single property located in Brooklyn, New York. 35A
Property first filed protection under Chapter 11 of the Bankruptcy
Code (Bankr. E.D.N.Y. Case No. 24-44621) on November 6, 2024. The
case was dismissed on June 16, 2025.
35A Property, Inc. sought again protection under Chapter 11 of the
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-42603) on May 28,
2025.
At the time of the new filing, Debtor had estimated assets of
$1,500,000 and liabilities of $1,550,000. Danil Shabatayez signed
the petition as owner/vice president.
Honorable Judge Elizabeth S. Stong oversees the case.
Michael L. Previto is Debtor's legal counsel.
3784 LLC: Seeks to Hire Adam I. Skolnik PA as Bankruptcy Counsel
----------------------------------------------------------------
3784, LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of Florida to hire the Law Office of Adam I.
Skolnik, PA as counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties
and in its relationship with its creditors, committees, the Office
of the United States Trustee and other interested parties;
(b) advise the Debtor with respect to its responsibilities in
complying, with the U.S. Trustee's Operating Guidelines and
Reporting Requirements, the requirements of the Bankruptcy Code,
the Federal Rules of Bankruptcy Procedure, applicable bankruptcy
rules;
(c) assist the Debtor with the investigation and pursuit of
property of the estate, sale of some or all of its assets, if
needed;
(d) assist the Debtor in the formulation and dissemination and
approval of disclosure statement and plan;
(e) prepare and review motions, pleadings, orders,
applications, adversary proceedings, and other legal documents
necessary in the administration of the case;
(f) protect the interest of the Debtor in all matters pending
before the court;
(g) represent the Debtor in negotiation with its creditors in
the preparation of a plan; and
(h) perform all other necessary functions as attorney for the
proper administration of the bankruptcy estate.
The firm will be paid at these hourly rates:
Adam Skolnik, Attorney $550
Paralegals $185
In addition, the firm will seek reimbursement for expenses
incurred.
Prior to petition date, the firm received $12,500 as retainer from
the Debtor.
Mr. Skolnik 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:
Adam I. Skolnik, Esq.
Law Office of Adam I. Skolnik, P.A.
1761 West Hillsboro Boulevard, Suite 201
Deerfield Beach, FL 33442
Telephone: (561) 265-1120
Facsimile: (561) 265-1828
Email: askolnik@skolniklawpa.com
About 3784 LLC
3784 LLC is a real estate services company based in Pompano Beach,
Florida.
3784 LLC sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Fla. Case No. 25-18289) on July 21, 2025. In its
petition, the Debtor reports estimated assets between $10 million
and $50 million and estimated liabilities between $1 million and
$10 million.
The Debtor is represented by Adam I. Skolnik, Esq. at the Law
Office of Adam I. Skolnik, PA.
3910 ENTERPRISES: Case Summary & 14 Unsecured Creditors
-------------------------------------------------------
Debtor: 3910 Enterprises, Inc.
2527 Market St.
Galveston TX 77550-1431
Business Description: 3910 Enterprises, Inc. manages real estate
on behalf of clients and provides property
appraisal services.
Chapter 11 Petition Date: August 5, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Case No.: 25-80362
Judge: Hon. Alfredo R Perez
Debtor's Counsel: Genevieve M. Graham, Esq.
GENEVIEVE GRAHAM LAW, PLLC DBA GRAHAM PLLC
PO Box 130378
Houston TX 77219
Tel: (832) 367-5705
Email: ggraham@graham-pllc.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Rejone Edwards as president.
A full-text copy of the petition, which includes a list of the
Debtor's 14 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/KLKNFXQ/3910_Enterprises_Inc__txsbke-25-80362__0001.0.pdf?mcid=tGE4TAMA
58 OCEAN: To Sell Deal Property to Martin and Joy Erani for $9.6MM
------------------------------------------------------------------
58 Ocean Avenue LLC seeks approval from the U.S. Bankruptcy Court
for the District of New Jersey to sell property located at 58 Ocean
Avenue, Deal, New Jersey 07723, free and clear of liens, claims,
and encumbrances.
A detailed description of the Property can be found at
https://urlcurt.com/u?l=dXdKn8
The Debtor retains Adele Cohen of Irwin Leventer Real Estate, Inc.
as realtor due to her connections to the community in deal and her
experience in the high-end real estate market.
Initially the property was listed as an exclusive meaning that only
Ms. Cohen's office and other exclusive realtors had access to the
listing. There was activity and offers but no offers with
acceptable terms.
The property was then listed on the MLS on June 6, 2025.
Thereafter, there were many interested parties and initial offers.
Ms. Cohen was able to negotiate and procure buyers, Martin and Joy
Erani, for the property at $9.6 million dollars, cash, 60 day
closing with bankruptcy court approval.
The buyer also owns property adjacent to the Subject Property. The
sale is an arm's length transaction. Debtor hired V. David Shaheen,
Esq. as transaction counsel for the Debtor and attorney review has
been concluded.
The Debtor respectfully requests that the Court enter the within
Order approving the sale consistent with the terms of the Contract
for Sale.
About 58 Ocean Avenue LLC
58 Ocean Avenue LLC is the fee simple owner of the real property
located at 58 Ocean Ave., Deal, NJ 07723-1330 valued at $8
million.
58 Ocean Avenue LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 24-21708) on Nov. 26, 2024.
In the petition filed by Joseph Safdieh, as managing member, the
Debtor reports total assets of $8,000,000 and total liabilities of
$4,702,145.
Judge Michael B. Kaplan presides over the case.
The Debtor is represented by Scott J. Goldstein, Esq. at LAW
OFFICES OF WENARSKY & GOLDSTEIN LLC.
8787 RICCHI: Amends Unsecured Claims Pay Details
------------------------------------------------
8787 Ricchi LLC submitted a Second Amended Disclosure Statement for
the First Amended Plan of Reorganization.
The Plan restructures the obligations owed to 87STE Lending, LLC
and Merriman Anderson Architects, Inc., among others, and conveys
New Equity Interests in the Reorganized Debtor to special purpose
entity MM 8787 MK, LLC, a Texas limited liability company, an
affiliate of 2M Holdings, LP, a Delaware limited partnership.
2M and MM 8787 MK, LLC are also affiliates of Centurion American
Custom Homes, Inc., a Texas corporation d/b/a Centurion American
Development Group, ("CADG"). 2M has committed to fund the Plan. All
valid pre-petition liens and security interests against the
Property that secure Allowed Claims will remain in full force and
effect, until the associated Claimant is paid under the terms of
the Plan. The Plan does not contemplate a reduction in the total
amount of indebtedness secured against the Property; and 2M has
agreed to fund its affiliate's acquisition of the New Equity
Interests with the principal asset under such continuing condition.
In return for the New Equity Interests, 2M will contribute an
initial payment plan and commit to finance additional funding
necessary for the Reorganized Debtor to meet the payment
requirements of the Plan. Meanwhile, the Reorganized Debtor will
proceed with redevelopment of the historic Property from commercial
to residential usage under the stewardship of 2M and CADG.
The Plan includes two plan periods – the initial plan period
provides interest-only payments to certain classes of creditors,
with the secondary plan period adding principal payments for those
same classes of creditors. This structure is premised upon the
Debtor's sincere belief that a refinancing transaction will occur
within twelve months of the Plan Effective Date. When such a
refinancing transaction does occur, mandatory prepayment of allowed
claims in certain classes must occur.
Under the Plan, the Reorganized Debtor seeks to transition to the
Property to residential use, while maintain business operations in
the interim to minimize potential Claims arising in connection with
existing tenants. The Property suffers from low commercial
occupancy in a challenging commercial rental market. The long-term
highest and best use of the Property is multi-family residential,
and not unlimited continuation of the existing commercial office
use.
Since acquisition, the Debtor has operated the Property at an
annual net loss. On an accrual basis, the Debtor had a year-to date
net loss of $222,898.56 as of May 31, 2025. However, on a cashflow
basis since filing bankruptcy, the Debtor has limited the monthly
net losses, less than $14,000 per month, excluding deposits
required for this bankruptcy case.
In general, the Plan provides a comprehensive proposal for the New
Equity Interests in the Reorganized Debtor to be issued to MM 8787
MK, LLC, an affiliate of 2M and CADG (or such other affiliate
entity as 2M, as the Plan Funder, may designate under the Plan) and
in return the Reorganized Debtor will receive certain cash
consideration via the Initial Plan Payment and commitment from 2M
for Exit Funding to make the contemplated Plan Payments. The
Reorganized Debtor will continue with the redevelopment strategy
for the Property, from commercial to residential use, with the
ultimate objective of prepayment of the Plan Payments upon closing
of a Refinance Transaction.
Class 6 consists of General Unsecured Claims. Except to the extent
that a Holder of a General Unsecured Claim agrees to a less
favorable treatment of its Allowed Claim, in full and final
satisfaction, settlement, release, and discharge of and in exchange
for each Allowed General Unsecured Claim, each such Holder shall
receive: (i) payment in full, including interest at the Plan Rate
from the Petition Date through the Plan Effective Date, in Cash
over thirty-six equal monthly installments with interest on such
Allowed General Unsecured Claims after the Plan Effective Date at
the Plan Rate.
Class 6 will receive a distribution of 100% of their allowed
claims. This Class is impaired.
To fund all required Plan Payments, the Reorganized Debtor shall
make use of a combination of: (i) the Initial Plan Payment, to be
funded by the Plan Funder on or before the Plan Effective Date;
(ii) its business income; and (iii) the Exit Funding committed to
provide by the Plan Funder as an equity contribution.
A full-text copy of the Second Amended Disclosure Statement dated
July 31, 2025 is available at https://urlcurt.com/u?l=IWFe0m from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Frank J. Wright, Esq.
Law Offices of Frank J. Wright PLLC
1800 Valley View Lane 250
Farmers Branch TX 75234
Tel: (214) 238-4153
Email: frank@fjwright.law
About 8787 Ricchi LLC
8787 Ricchi, LLC is a commercial real estate company that owns and
manages properties in Dallas, Texas.
8787 Ricchi sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Tex. Case No. 25-31144) on March 31, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Stacey G. Jernigan handles the case.
The Debtor is represented by Frank Jennings Wright, Esq. at Law
Offices of Frank J. Wright, PLLC.
AAA ABC ACQUISITION: Unsecureds Will Get 57% of Claims in Plan
--------------------------------------------------------------
AAA ABC Acquisition, LLC and its affiliates filed with the U.S.
Bankruptcy Court for the Central District of California a
Disclosure Statement and Plan of Reorganization dated July 31,
2025.
Abrams and A3 were prominent talent agencies, with worldwide
operations spanning many years, whose revenue was derived from
services rendered by their agents, on behalf of front-of-camera and
behind-camera talent and professionals.
AAA was formed specifically to acquire the equity in Abrams and A3
as part of a purchase transaction. AAA served as the primary
administrator/manager and funding source for the operating expenses
of the business and affairs of Abrams and A3. On the Petition Date,
the equity interests in AAA were owned (on a fully diluted basis)
as follows: (i) approximately 60% by Superbrands Capital, LLC,
which is solely owned by Adam Bold, and; (ii) Brian Cho and Robert
Attermann, who shared the balance of the membership interests of
AAA equally.
In January 2024, AAA sold certain of the assets of Abrams and A3
(consisting of future payments under certain contracts) to The
Gersh Agency for a price of $15,000,000, with $10,000,000 paid at
closing and the balance evidenced by a promissory note in the
principal amount of $5,000,000 (plus accrued interest), payable in
July 2025. Bold, then being the sole remaining member of the board,
with the other two board members (Cho and Attermann) having
resigned, concluded that a Chapter 11 was in the best interests of
all creditors and that winding down the affairs of Abrams and A3
would facilitate the Debtors’ liquidation. As a result, the
instant cases were commenced.
The Debtors ceased operations, sold their primary assets and
commenced these cases to aid in their liquidation efforts so that
recovery to creditors may be maximized.
Under this Plan, there will be a reserve created in the amount of
$100,000 from funds available through the date of Plan confirmation
in order to funds the post-Effective Date fees and costs, including
for professionals, to assist in carrying out duties under the Plan,
provided, however, that such amount constitutes a reserve, but not
a cap on such fees and costs. The Debtors shall be authorized to
hire professionals to assist them in carrying out their duties
under this Plan, which professionals may include counsel for the
Debtors.
Under this Plan, after payment of administrative and priority
claims, and a reserve for postconfirmation services, before
Superbrands or Bold receive any distribution on account of their
respective Class 2f claims.
After the payments are made (specifically 57% distribution to Class
2a allowed claims), the remaining Classes of claims entitled to
distribution will be Class 2a (general unsecured creditors) and
Class 2f (unsecured claim of Superbrands and Adam Bold), at which
time: (1) any remaining cash (after taking into account reserves
for and payment of post-confirmation and post-Effective Date
administrative fees and expenses) such creditors (i.e., Classes 2a
and 2f) shall share pro-rata in any future distributions.
Class #2a consists of General unsecured claims. These are claims of
all general unsecured creditors with claims in excess of $5,000,
other than Superbrands, Bold, Cho, Attermann, Patman and the
Settlement Agents, which are separately classified as a Classes
2c2f claims. Claimants in Class 2a are entitled to vote to reject
or accept the Plan.
Each member of Class #2 holding an allowed claim will be paid a pro
rata share of a fund of amounts remaining after payment of (i)
claims of a higher priority than Class 2, (ii) actual and necessary
fees and expenses of administering these estates, and (iii) the
actual and necessary postEffective Date reserved fees and expenses
of administering these estates, including, without limitation, the
fees and expenses of the Estate Representative’s and his/her
professionals and the Debtors' professionals. Payments will begin
on (date): Effective Date. It is anticipated that, on the Effective
Date, cash equal to 57% of allowed Class 2a claims (approximately
$311,775, assuming all asserted Class 2a claims are allowed) will
be distributed to Class 2a holders of allowed claims with
additional funds based on collection and availability.
Class 2b consists of the General unsecured claims (Convenience
class). These are claims of all general unsecured creditors with
claims in of $5,000 or less, as well as Class 2 creditors that
elect to have their claim treated as a Class 2b claim in the amount
of $5,000. Each claimant in Class #2b will be paid 100% of its
claim, excluding interest, on the Effective Date.
Class 2c consists of the General unsecured claims of Cho Attermann
(Settlement). These are claims of Cho and Attermann that were
subject to a motion to approve settlement scheduled for hearing on
May 20, 2025. Pursuant to the settlement, Cho and Attermann have
received the sum of $1,630,565.14 in full satisfaction of their
allowed claims. Claimants in Class 2c are not entitled to vote on
the Plan because claims in this class have already been satisfied.
Class 2d consists of the General unsecured claim of Patman
(Settlement). This is a claim of Patman, in the amount of $521,000,
which, pursuant to a settlement reached with the Debtors and
Superbrands, will receive payment under the Plan in the amount of
$225,000. Claimants in Class 2d are entitled to vote to reject or
accept the Plan.
Class 2e consists of General unsecured claim of Settled Agents
(Settlement). This class is comprised of the settled claims of
Settled Agents. The total amount of agreed-upon, allowed claims in
this class equals $2,113,170.26 and a total of up to $830,000
(approx. 40% recovery) will be distributed to this class in
accordance with the Debtors' settlement agreements with the Settled
Agents. Claimants in Class 2e are entitled to vote to reject or
accept the Plan.
Class #2f consists of Superbrands and Bold Unsecured Claims. These
claims will receive distributions subject to the subordination
provisions. Subject to the subordination provisions, the member of
Class #2e holding an allowed claim will be paid a pro rata share of
a fund of amounts remaining after payment of (i) claims of a higher
priority than Class 2e, (ii) actual and necessary fees and expenses
of administering these estates, and (iii) the actual and necessary
reserve for post-Effective Date fees and expenses of administering
these estates, including, without limitation, the fees and expenses
of the Estate Representative and his professionals and the Debtors'
professionals.
A full-text copy of the Disclosure Statement dated July 31, 2025 is
available at https://urlcurt.com/u?l=dyUtqb from PacerMonitor.com
at no charge.
Counsel to the Debtors:
Carolyn A. Dye, Esq.
Law Office of Carolyn A. Dye
15030 Ventura Blvd., Suite 527
Sherman Oaks, CA 91403
Tel: (818) 287-7003
Fax: (323) 987-5763
Email: cdye@cadye.com
And
David B. Golubchik, Esq.
Krikor J. Meshefejian, Esq.
Levene, Neale, Bender, Yoo & Golubchik, LLP
2818 La Cienega Avenue
Los Angeles, CA 90034
Tel: (310) 229-1234
Fax: (310) 229-1244
Email: dbg@lnbyg.com
About AAA ABC Acquisition, LLC
AAA ABC Acquisition, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No.
24-11384) on Feb. 25, 2024, listing $10 million to $50 million in
both assets and liabilities. The petition was signed by Adam Bold,
Board Member.
Judge Vincent P. Zurzolo presides over the case.
Carolyn A. Dye, Esq., at the Law Office of Carolyn A. Dye
represents the Debtor as bankruptcy counsel.
ACADEMY AT PENGUIN: U.S. Trustee Appoints Creditors' Committee
--------------------------------------------------------------
The U.S. Trustee for Region 1 appointed an official committee to
represent unsecured creditors in the Chapter 11 case of The Academy
at Penguin Hall, Inc.
The committee members are:
1. Brett Chevalier
2. Cynthia Burkhardt
3. Katherine Clarke
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 The Academy at Penguin Hall Inc.
The Academy at Penguin Hall Inc. is a private, college-preparatory
day school for young women in grades 9 through 12. Located in
Wenham, Massachusetts, the school offers interdisciplinary academic
programs and emphasizes leadership, critical thinking, and the
arts.
The Academy at Penguin Hall sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-11191) on June
11, 2025. In its petition, the Debtor reported between $10 million
and $50 million in assets and liabilities .
The Debtor is represented by John T. Morrier, Esq., at Casner &
Edwards, LLP.
ALACHUA GOVERNMENT: Taps Janet R. Naifeh of FTI Consulting as CRO
-----------------------------------------------------------------
Alachua Government Services, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Delaware to employ FTI
Consulting, Inc. to provide additional staff and designate Janet R.
Naifeh as chief restructuring officer.
FTI will provide these services:
(1) assist the Debtor in developing, evaluating and executing
various wind down strategies;
(2) assist the Debtor in contingency planning and
preparations;
(3) assist the Debtor to prepare appropriate cash and
liquidity forecasts, including a rolling 13-week cash flow forecast
to size potential Debtor-in-possession needs and facilitate any
reporting requirements;
(4) assist the Debtor in administration of the Chapter 11
Case;
(5) assist the Debtor's management in responding to requests
from, and negotiate with creditors, and any government
investigators, as requested;
(6) assist in the administration of DIP financing as it
becomes available; and
(7) other services as may be reasonably requested by the
Independent Director, and agreed to by FTI, and are customary in
this type of engagement.
FTI's standard hourly rates are:
Senior Managing Director $1,185 to $1,525
Directors/Senior Directors/
Managing Directors $890 to $1,155
Consultants/Senior Consultants $485 to $820
Administrative/Paraprofessionals $190 to $385
FTI received an advance payment of $300,000.00 on July 1, 2025. On
July 3, 2025, FTI received an additional advance payment of
$100,000.
Janet Naifeh, senior managing director at FTI, disclosed in court
filings that the firm is "disinterested" within the meaning of
Section 101(14) of the Bankruptcy Code.
FTI can be reached through:
Janet R. Naifeh
FTI Consulting, Inc.
155 Franklin Road, Suite 210
Brentwood, TN, 37027
Tel: (615) 324-8500
(615) 324-8581
Fax: (615) 324-8501
Email: jan.naifeh@fticonsulting.com
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.
ALACHUA GOVERNMENT: Taps Richards Layton & Finger as Legal Counsel
------------------------------------------------------------------
Alachua Government Services, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Richards,
Layton & Finger, P.A. as counsel.
The firm's services include:
a. advising the Debtor of its rights, powers, and duties as a
debtor and debtor in possession under Chapter 11 of the Bankruptcy
Code;
b. preparing on behalf of the Debtor motions, applications,
answers, orders, reports, and papers in connection with the
administration of the Debtor's estate;
c. taking action to protect and preserve the Debtor's estate,
including the prosecution of actions on the Debtor's behalf, the
defense of actions commenced against the Debtor in the Chapter 11
Case, the negotiation of disputes in which the Debtor is involved,
and the preparation of objections to claims filed against the
Debtor;
d. assisting with any sale or sales of assets, including
preparing any necessary motions and papers related thereto;
e. assisting in preparing the Debtor's disclosure statement
and any related motions, pleadings, or other documents necessary to
solicit votes on a Chapter 11 plan;
f. assisting in preparing a Chapter 11 plan;
g. prosecuting on behalf of the Debtor a proposed Chapter 11
plan and seeking approval of all transactions contemplated therein
and in any amendments thereto; and
h. performing all other necessary and desirable legal services
in connection with the Chapter 11 case.
RL&F's current hourly rates are:
Directors $1,175 to $1,500
Counsel $1,000
Associates $575 to $900
Paraprofessionals $425
Prior to filing, the Debtors paid RL&F a $450,000 retainer. Any
excess fees incurred were waived by RL&F, and the firm holds no
claims against the Debtors for unpaid services.
RL&F is a "disinterested person" within the meaning of Section
101(14) of the Bankruptcy Code, according to court filings.
Richards, Layton & Finger can be reached at:
Michael J. Merchant, Esq.
RICHARDS, LAYTON & FINGER, P.A.
920 North King Street
Wilmington, DE 19801
Telephone: (302) 651-7700
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.
ALAN REDMOND: Wins Summary Judgment Bid in Jordan Adversary Case
----------------------------------------------------------------
Judge Patricia M. Mayer of the United States Bankruptcy Court for
the Eastern District of Pennsylvania granted Alan Christopher
Redmond's motion for summary judgment in the adversary proceeding
captioned as Jason Scott Jordan, Plaintiff v. Alan Christopher
Redmond, Defendant, Adv. No. 24-00145 (Bankr. E.D. Pa.)
Redmond incorporated National Brokers of America, Inc. in 2013 as
an insurance call center business. Redmond hired Jason Scott
Jordan that year to set up and run a call center in Pennsylvania
for NBOA. When Redmond was unable to fully pay Jordan for his
services, Redmond agreed to transfer 50% ownership in NBOA to
Jordan, and the two men operated as the only shareholders and
directors of NBOA for nearly a year. However, in 2014, Redmond
froze Jordan out of NBOA and took exclusive control of the
operation, management, and finances of NBOA.
Redmond and Jordan were locked in state court litigation for seven
years. Jordan finally secured a verdict for $13.1 million; roughly
$8 million stemming from the funds Redmond misappropriated from
NBOA after the freeze out and $5 million in punitive damages. Berks
County Court of Common Pleas Judge Rowley adopted nearly all of
Jordan's proposed findings of fact, describing at length Redmond's
actions by which he violated numerous bylaws of NBOA,
misappropriated millions of dollars from NBOA, ran extravagant
personal purchases through NBOA's financial accounts, and made
false statements to his accountant and on NBOA's tax documents.
Redmond also caused serial bankruptcy filings to prolong the
litigation and hold Jordan at arm's length while he drained NBOA's
coffers and transferred its assets to a different entity.
On Sept. 3, 2024, Jordan and two additional petitioning creditors
filed an involuntary chapter 11 petition against Redmond. After
hearing, an order for relief was entered Oct. 2, 2024. Two months
later, Jordan filed both a proof of claim (later amended) for $13.1
million and the present action alleging the non-dischargeability of
the debt.
Only the Defendant moved for summary judgment. He seeks judgment as
a matter of law on all claims.
Jordan's Complaint alleges that 11 U.S.C. Secs. 523(a)(2)(A),
(a)(4), and (a)(6) prevent discharge of the debt stemming from the
state court Decision. He consistently argues that the factual
findings contained within the Decision are preclusive and alone
compel a finding of non-dischargeability.
The Defendant, since filing his Answer, has consistently taken the
position that the Decision alone does not support a finding of
non-dischargeability. In parsing the state court findings of fact,
he argues that those facts alone are insufficient to prove the
elements required for a non-dischargeability finding under any
prong of Sec. 523. Specifically, the Defendant argues that Jordan
cannot prove a fiduciary relationship, as required by the first
half of §523(a)(4). Further, absent a fiduciary relationship, each
of the remaining causes of action include an element of intent or
wrongful state of mind, which Jordan likewise cannot prove based
solely on the Decision. Additionally, the Defendant argues that
because Jordan has repeatedly expressed his intent to rely
exclusively on the Decision and opted not to take any discovery in
this matter, Jordan's evidence is necessarily limited to those
facts in the Decision.
The facts contained in the Decision are insufficient to prove that
the judgment resulted from fraud or defalcation by Redmond acting
as a fiduciary. Because Jordan offers no other evidence, the Court
can conclude that there no material facts in dispute that preclude
summary judgment for the Defendant on the issue of fiduciary
capacity.
Based on its structure and language choice, the Decision standing
alone does not show, by a preponderance of the evidence, that
Redmond possessed the necessary fraudulent intent required under
Secs. 523(a)(2) and (a)(4). Because Jordan offers no additional
evidence, the Court can conclude there are no material facts in
dispute that preclude summary judgment for the Defendant on the
issue of fraudulent intent.
Because the Decision is devoid of evidence to show the state of
mind required for a finding of non-dischargeability under Sec.
523(a)(6), Jordan cannot rely on the Decision to meet his
evidentiary burden. Because Jordan has no other evidence, there are
no material facts in dispute that preclude summary judgment for the
Defendant on the issue of whether the debt resulted from willful
and malicious injury, the Court finds.
Judge Mayer holds, "Jordan, through his own words, inactions, and
procedural defaults, limits the evidence presented to the state
court Decision. Because that Decision contains findings inadequate
to support a finding here of fiduciary capacity, fraudulent intent,
or the state of mind required for willful and malicious injury,
there is no material fact in dispute necessitating trial.
Therefore, summary judgment will be entered for the Defendant on
all counts."
A copy of the Court's Opinion dated July 31, 2025, is available at
https://urlcurt.com/u?l=wm9WNy
Alan Christopher Redmond filed for Chapter 11 bankruptcy protection
(Bankr. E.D. Pa. Case No. 24-13093) on September 3, 2024, listing
under $1 million in both assets and liabilities. The Debtor is
represented by:
Nicole M. Nigrelli, Esq.
Ciardi Ciardi & Astin
1905 Spruce Street
Philadelphia, PA 19103
ALLIANT HOLDINGS: Moody's Affirms 'B3' CFR, Outlook Stable
----------------------------------------------------------
Moody's Ratings has affirmed the B3 corporate family rating and
B3-PD probability of default rating of Alliant Holdings, L.P.
(together with its subsidiaries, Alliant). Moody's assigned a B2
rating to the new repriced senior secured term loan of $3.83
billion of Alliant Holdings Intermediate, LLC. Moody's also
affirmed the B2 ratings on the group's backed senior secured
revolving credit facility, backed senior secured term loan B1 and
senior secured notes as well as the Caa2 ratings on its senior
unsecured notes. The rating outlook for these entities is stable.
RATINGS RATIONALE
Alliant's ratings reflect its leading position in several niche
markets, steady organic revenue growth, solid operating margins and
free cash flow. Alliant's emphasis on specialty business has been a
successful strategy. The company has built its specialty and middle
market insurance operation by expanding through a mix of organic
growth, experienced producer hires, and to a lesser extent
acquisitions.
These strengths are offset by the company's high financial
leverage, contingent/legal risk related to experienced producer
hires, integration risk associated with acquisitions, and potential
liabilities from errors and omissions, a risk inherent in
professional services. The company has a record of borrowing
substantial sums, but it has demonstrated an ability to reduce
leverage quickly through earnings and free cash flow.
Alliant reported revenue of $5.3 billion for the 12 months through
March 2025 helped by strong growth in its construction and personal
lines businesses through the prior year. Moody's expects slower
growth in the year ahead based on a weaker US economy and lower
rate increases in many lines of property & casualty insurance.
Giving effect to the term loan repricing, Moody's estimates that
Alliant has a pro forma debt-to-EBITDA ratio around 7x, (EBITDA –
capex) interest coverage of about 2x, and a free-cash-flow-to-debt
ratio in the low-to-mid-single digits. These pro forma metrics
reflect Moody's accounting adjustments for operating leases,
contingent earnout obligations, sizable non-recurring and unusual
items, and run-rate EBITDA from acquisitions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade of Alliant's ratings include:
(i) debt-to-EBITDA ratio below 7x, (ii) (EBITDA – capex) coverage
of interest exceeding 2x, and (iii) free-cash-flow-to-debt ratio
exceeding 5%.
Factors that could lead to a downgrade of Alliant's ratings
include: (i) debt-to-EBITDA ratio above 8x, (ii) (EBITDA – capex)
coverage of interest below 1.2x, and (iii) free-cash-flow-to-debt
ratio below 2%.
The principal methodology used in these ratings was Insurance
Brokers and Service Companies published in February 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Alliant, backed by Stone Point Capital and based in Irvine,
California, is an insurance broker primarily serving commercial
middle market accounts, government entities and consumers. It
reported revenue of $5.3 billion for the 12 months through March
2025.
ALPINE SUMMIT: Larry Jacobs Breached Ethical Duties Owed to HB2
---------------------------------------------------------------
In the adversary proceeding captioned as ALPINE NON-OP LLC, et al.,
Plaintiffs, VS. HB2 ORIGINATION, LLC, et al., Defendants, ADVERSARY
NO. 23-3244 (Bankr. S.D. Tex.), Judge Marvin Isgur of the United
States Bankruptcy Court for the Southern District of Texas
concludes that Larry Jacobs breached his ethical duty of
confidentiality owed to his former client, HB2 Origination, LLC,
under Texas Disciplinary Rules of Professional Conduct by
submitting an affidavit on behalf of Alpine Non-Op LLC in
litigation that was:
(i) on the subject of his prior representation; and
(ii) adverse to his former client.
In August 2022, Sam Haskell approached Alpine's CEO, Craig Perry,
to explore an investment opportunity. Haskell and his group of
investors proposed to contribute capital in exchange for
non-operating working interests in oil and gas leases and four
wells to be drilled on those leases. The leases are the
"Properties." The nonoperating working interests are the
"Percentage Interests" in the Properties. The investment vehicle
was structured through the formation of a general partnership named
Alpine 2022 Non-Op. HB2 was proposed to serve as managing partner
of Alpine 2022 Non-Op.
Jacobs was retained by HB2 to document the business transaction. He
drafted a nominee agreement and a general partnership agreement.
HB2 and Alpine Non-Op executed the Nominee Agreement and the
General Partnership Agreement, each with an effective date of Aug.
19, 2022.
On Nov. 6, 2023, Alpine Non-Op LLC commenced this adversary
proceeding, primarily seeking a declaratory judgment that the
Percentage Interests in the Properties, along with their percentage
distribution rights and revenues, and their percentage interest in
AFE refunds are not property of the Bankruptcy Estate. The
Properties were sold pursuant to this Court's order approving the
sale of certain assets.
On Jan. 9, 2025, Alpine Non-Op filed its summary judgment motion,
seeking judgment that the investors in the partnership held
equitable title to the Percentage Interests that they purchased
from HB2 and that those interests were never property of the
bankruptcy estate. In support of Alpine Non-Op' summary judgment
motion, Jacobs submitted an affidavit against his former client,
HB2. The affidavit details Jacobs's role in drafting the
investment agreements, including his impressions of their structure
and legal effect.
On Feb. 3, 2025, Paul Jansen, GUC Trustee, successor in-interest to
HB2 filed its Motion to Strike the affidavit.
Alpine Non-Op argues two points in defense of the affidavit:
(1) that the information it contains is not confidential, and
(2) that any duty of confidentiality was waived when HB2
authorized Jacobs to speak with Haskell about the agreements.
The Court finds neither argument justifies the breach.
According to the Court, there is no evidence that Jacobs received
the GUC Trustee's consent to reveal the confidential information
contained in his affidavit.
Alpine Non-Op solicited Jacobs to breach his ethical duty of
confidentiality owed to his former client under Texas law, the
Court concludes.
Attorneys' Fees
At the March 31, 2025 hearing, the Court struck Alpine Non-Op's
summary judgment motion for offering the affidavit in violation of
his ethical duties owed to HB2.
Alpine Non-Op states that if the Court were to find that Jacobs's
affidavit was offered in violation of the former attorney's ethical
duties, the Court should only strike the affidavit. The GUC Trustee
argues that the March 31 ruling should stand because the other
declarations, of which the summary judgment motion relies upon, are
allegedly tainted by the Jacobs affidavit.
Alpine Non-Op's solicitation of the breach is wholly unexcused, the
Court says. For that reason, the Court will not change its March 31
oral ruling.
The GUC Trustee seeks attorneys' fees for litigating this ethical
issue. The Court finds that reasonable and necessary attorneys'
fees should be awarded to the GUC Trustee for the bad faith filing
of the affidavit.
A copy of the Court's Memorandum Opinion dated July 28, 2025, is
available at https://urlcurt.com/u?l=f62BGv from PacerMonitor.com.
About Alpine Summit Energy Partners
Alpine Summit Energy Partners Inc. and its affiliates develop, own,
and operate oil and gas properties in several formations in Texas.
Alpine Summit Energy Partners and its affiliates, including HB2
Origination, LLC, sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 23-90739) on July
5, 2023. In the petition filed by Craig Perry, CEO and Chairman of
Board of Directors, Alpine Summit Energy Partners estimated assets
up to $50,000 and liabilities between $500,000 and $1 million.
Affiliate Ageron Energy II, LLC estimated $100 million to $500
million in assets and $1 million to $10 million in liabilities.
Affiliate HB2 Origination, LLC estimated $100 million to $500
million in assets and $50 million to $100 million in liabilities.
Judge Marvin Isgur oversees the cases.
The Debtors tapped Porter Hedges, LLP as counsel; Houlihan Lokey
Capital, Inc. as investment banker; Huron Consulting Services, LLC
as financial advisor; and White & Case LLP as special litigation
counsel. Kroll Restructuring Administration, LLC is the claims
agent.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped Reed Smith, LLP as bankruptcy counsel and Huron
Consulting Services, LLC as restructuring advisor. Ryan Bouley of
Huron serves as chief restructuring officer.
ALVERNIA UNIVERSITY: S&P Affirms 'BB+' Rating on 2020 Revenue Debt
------------------------------------------------------------------
S&P Global Ratings affirmed its 'BB+' long-term rating on Berks
County Municipal Authority, Pa.'s series 2020 revenue debt, issued
for Alvernia University.
The outlook is stable.
S&P said, "We analyzed Alvernia's environmental, social, and
governance credit factors related to its market position and
financial performance. We view all environmental, social, and
governance credit factors as neutral in our credit rating
analysis.
"The stable outlook reflects our expectation that, during the
outlook period, Alvernia will maintain stable enrollment and
positive operations. We also expect the university will maintain
current financial resources, and we do not expect the university
will issue additional debt during the outlook period.
"We could consider a negative rating action if the university shows
a trend of declining enrollment or a trend of full-accrual
operating deficits. We could also consider a negative rating action
if the university's financial resource ratios deteriorate further,
or if the university issues additional debt without significant
growth in financial resources.
"We could consider a positive rating action if the university
significantly improves liquidity and financial resource ratios and
continues to produce breakeven-to-positive operations. Maintenance
of stable-to-growing enrollment would also be viewed favorably."
AMERICAN PEST: $390K Unsecured Claims to Split $31K over 3 Years
----------------------------------------------------------------
American Pest Solutions, Inc., submitted an Amended Subchapter V
Plan of Reorganization.
The Plan provides for a total of five classes of claims: one class
of secured claims, one class of priority unsecured claims, one
class of general unsecured claims, one class of executory
agreements, and one class of equity interest holders.
Under the Bankruptcy Code, the Debtor must contribute all of its
projected disposable income towards payments to General Unsecured
Creditors under the Plan. The Disposable Income Projection projects
that after payment of ordinary business expenses, administrative
creditors, priority creditors and secured creditors, the Debtor
will generate net cash flow of approximately $44,274.00 in the 36
months following the Effective Date of the Plan.
All of these funds, less any funds incurred for Disputed Claim
Professional Fees, will be paid to General Unsecured Creditors
under the Plan. Disputed Claim Professional Fees are not expected
to exceed $5,000 and will be incurred for the sole purpose of
increasing the available distributions to Allowed Claims.
Class 3 consists of all allowed general unsecured claims. The
allowed unsecured claims total $390, 239.18. The creditors shall
share in a pro rata total distribution of an estimated $31,001.26.
Allowed general unsecured claimants shall receive payment over
three years, (36 months), at the end of each twelve-month period,
ending at month thirty-six.
Class 4 Consists of all allowed equity interests in the Debtor,
which includes interest in any share of preferred stock, common
stock or other instruments evidencing ownership interest in the
Debtor. All Equity Security Holders of the Debtor will retain their
interest(s) in the Debtor as such interests existed prior to the
petition date, with Joel Pabon Serrano retaining a 100% interest.
The means necessary for the execution and funding of this Plan will
be the result of the Debtor's operations via-vis the Agreement with
Affiliate American Pest Solutions & Fumigation, LLC, which is
pending approval by the Court under Rule 9019, Federal Rules of
Bankruptcy Procedure.
The Plan shall be funded through the revenue of the Debtor's
business operations.
A full-text copy of the Amended Plan dated July 29, 2025 is
available at https://urlcurt.com/u?l=cG1V98 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Christina Vilaboa-Abel, Esq.
CAVA Law, LLC
1390 South Dixie Highway, Suite 1110
Coral Gables, FL 33146
Phone: (786) 675-6830
Email: christina@cavalegal.com
About American Pest Solutions
American Pest Solutions, Inc., is a Florida Profit Corporation and
operates a pest control/fumigation business that provides pest
management and fumigation services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13635) on April 2,
2025, listing up to $50,000 in assets and between $100,001 and
$500,000 in liabilities.
Judge Scott M. Grossman presides over the case.
Christina Vilaboa-Abel, Esq., is the Debtor as legal counsel.
AQUA SPAS: Taps Kutner Brinen Dickey Riley as Attorneys
-------------------------------------------------------
Aqua Spas Inc. seeks approval from the U.S. Bankruptcy Court for
the District of Colorado to hire Kutner Brinen Dickey Riley, P.C.
as attorneys.
The firm will render these services:
a. provide the Debtor with legal advice with respect to its
powers and duties;
b. aid the Debtor in the development of a plan of
reorganization under Chapter 11;
c. file the necessary petitions, pleadings, reports, and
actions which may be required in the continued administration of
the Debtor's property under Chapter 11;
d. take necessary actions to enjoin and stay until final
decree continuation of pending proceedings and to enjoin and stay
until final decree commencement of lien foreclosure proceedings and
all matters as may be provided under 11 U.S.C. Sec. 362; and
e. perform all other legal services for the Debtor which may
be necessary.
The firm's customary hourly rates are:
Jeffrey S. Brinen $540
Jenny Fujii $440
Jonathan M. Dickey $400
Keri L. Riley $390
Paralegal $100
The firm received a retainer of $25,000.
Jonathan Dickey, Esq., a partner at Kutner Brinen Dickey Riley
P.C., disclosed in the court filings that the firm is a
"disinterested person" within the meaning of 11 U.S.C.
The firm can be reached through:
Jonathan M. Dickey, #46981
KUTNER BRINEN DICKEY RILEY, P.C.
1660 Lincoln Street, Suite 1720
Denver, CO 80264
Telephone: (303) 832-2400
Email: jmd@kutnerlaw.com
About Aqua Spas Inc.
Aqua Spas Inc., a/k/a 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 Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Col. Case No. 25-14565) on July 22,
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 Michael E. Romero handles the case.
The Debtor is represented by Jonathan M. Dickey, Esq. at KUTNER
BRINEN DICKEY RILEY.
ATHENA MEDICAL: Court Tosses Dorsey & Whitney's Fee Application
---------------------------------------------------------------
Judge Brenda K. Martin of the United States Bankruptcy Court for
the District of Arizona denied Dorsey & Whitney LLP's fee
application in the bankruptcy case of Athena Medical Group, LLC.
Dorsey & Whitney LLP, as Attorneys for the Debtor, filed an
Application for Compensation and Reimbursement of Expenses for the
Period June 28, 2023 through January 27, 2025 for Actual and
Necessary Work Performed for the Benefit of the Estate After June
27, 2023. Wound Care Specialists, LLC and RENU LLC filed an
objection to the Application
The Debtor is a medical group that provides wound care services to
patients in Arizona, Washington, Texas, and Florida. Before and
after the filing of its chapter 11 petition, the Debtor has grossed
in excess of $25,000,000 annually. The Debtor has no secured
creditors, and only a modest amount of unsecured debt, with one
exception: Wound Care Specialists' asserted claim in excess of
$12,000,000.
The Debtor filed for bankruptcy under subchapter V of the
Bankruptcy Code on March 15, 2023, in response to Wound Care
Specialists' state court complaint and motion for preliminary
injunction.
On April 25, 2023, the Debtor moved to substitute Dorsey & Whitney
LLP as its counsel of record, which was approved by the Court on
May 8, 2023.
Based largely on information learned through discovery, on May 25,
2023, Wound Care Specialists filed its Motion for Appointment of
Chapter 11 Trustee or, in the Alternative, for the Removal of the
Debtor-in-Possession and Expansion of the Subchapter V Trustee's
Powers. On June 28, 2023, the Court entered its order removing the
Debtor as debtor-in-possession and expanding the Subchapter V
Trustee's powers under 11 U.S.C. Sec. 1181(b)(5).
On January 27, 2025, following a series of objections by Wound Care
Specialists, three plans, a multitude of other pleadings, several
hearings, and two multi day trials, the Court entered an order
confirming the Debtor's Third Amended Plan. Wound Care Specialists
did not appeal the order confirming the Plan. On February 12, 2025,
the Plan went effective.
On March 14, 2025, Dorsey filed the Fee Application, requesting
$1,251,277 in fees and $25,865.40 in expenses, for work performed
from June 28, 2023, through January 27, 2025, i.e., the period
after the Disposition Date up through the day before the Plan was
confirmed. Wound Care Specialists objected to the Application,
arguing that the attorney for a dispossessed debtor is not entitled
to an award of attorney fees from the estate as a matter of law
under the Bankruptcy Code, that the Application was untimely, and
that many time entries were not compensable.
Dorsey raises three possible theories on which the Court can award
its fees:
1) because only the Debtor can file a plan under Sec. 1189, it
must be able to retain and pay counsel;
2) as prior counsel for the debtor in possession, the firm is
still a professional retained under Sec. 327; and
3) its fees can be awarded as the actual and necessary costs of
preserving the estate under Sec. 503(b)(1)(A).
The Court finds that these paths are non-navigable as a means of
payment post-dispossession. Accordingly, it denies the
Application.
The "Necessity" Argument
The theory behind Dorsey's first argument is that after
dispossession, the debtor retains the limited obligation of a
trustee to file a plan so that the dispossessed debtor can retain
counsel under Sec. 327(a)(entitled to compensation under Sec.
330(a)) for services necessary to perform that function.
According to Judge Martin, "A subchapter V debtor's right to file a
plan does not emanate from the trustee, but directly from Sec.
1189(a). Therefore, it is illogical to argue that a debtor
continues to retain the rights of the trustee to file a plan, when
the debtor's right never emanated from the trustee's rights in the
first place. If the dispossessed debtor is to have the right to
retain counsel who will be paid from the estate, the right must
arise from some other provision in the Bankruptcy Code. Sections
1189 and 330 are, however, silent on the issue, even though
Congress has demonstrated it knows how to allow compensation for
attorneys who represent debtors with the exclusive ability to file
plans."
Retention as "Professional Person" Argument
Wound Care Specialists contends a "professional person" under Sec.
327(a) is no different than, and has no greater rights than, an
attorney employed under Sec. 327(a). Moreover, as Wound Care
Specialists points out, Dorsey was appointed as counsel for the
debtor in possession, not as a professional person.
In its Application, Dorsey is seeking fees not just for formulating
and pursuing a plan, but for other general work on the case. While
the Court notes that Dorsey and the Subchapter V Trustee both
contend that the general work was performed at the Subchapter V
Trustee's request, that might not always be the case and could lead
to duplication of expenses as well as potential inconsistency in
administering the estate.
"Actual Necessary Costs and Expenses" Argument
Dorsey argues fees are actual and necessary costs of preserving the
estate because, if the Debtor was prohibited from employing Dorsey
for post-removal services, the Debtor would never have confirmed a
plan and would have ended up liquidating. Dorsey also argues that
the Debtor's retention of exclusivity to file a plan differentiates
this from a traditional chapter 11 in which the trustee can file a
plan. It also notes that the list of examples under Sec. 503(b) of
those who can be entitled to an award is not exclusive or
exhaustive. Thus, nothing in Sec. 503(b) excludes its
compensation.
According to the Court, Secs. 327, 330, and 503(b)(2) govern the
award of compensation to a debtor's attorney, while an allowance of
an administrative expense under Sec. 503(b)(1) applies more
generically.
The Court is persuaded that allowing the fees under Sec. 503(b)(1)
would improperly circumvent more specific provisions of the
Bankruptcy Code that do not allow for such fees.
A copy of the Court's Under Advisement Decision dated July 29,
2025, is available at https://urlcurt.com/u?l=eHY81m
About Athena Medical Group, LLC
Athena Medical Group, LLC -- https://athenamedgroup.com/ --
provides primary care, transitional care, chronic care management,
remote patient monitoring, and telehealth services. The company is
based in Phoenix, Ariz.
Athena Medical Group filed a petition for relief under Subchapter V
of Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case No.
23-01635) on March 16, 2023, with total assets of $3,843,022 and
total liabilities of $12,707,798. James E. Cross has been appointed
as Subchapter V trustee.
Judge Brenda K. Martin oversees the case.
The Debtor tapped the Law Office of Mark J. Giunta as bankruptcy
counsel; and Ball, Santin & McLeran and Simmons & Gottfried, PLLC,
as special counsels.
ATLAS CC: Moody's Appends 'LD' Designation to PDR
-------------------------------------------------
Moody's Ratings has appended a Limited Default ("/LD") designation
to Atlas CC Acquisition Corp's ("Cubic") Probability of Default
Rating, revising it to Caa2-PD/LD from Caa2-PD, following the
completion of a distressed exchange. The /LD designation indicates
a limited default event and will be removed in approximately three
business days. Moody's expects to withdraw the existing instrument
ratings since all these debt instruments have been fully repaid or
exchanged.
Moody's views the transaction as a distressed exchange because all
tranches of existing debt were extinguished through a combination
of full and partial repayments, funded with both new debt as well
as conversions to preferred equity.
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.
AUTO HOUSE: U.S. Trustee Unable to Appoint Committee
----------------------------------------------------
The U.S. Trustee for Region 20 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Auto House, Inc.
About Auto House Inc.
Auto House, Inc. offers 24/7 towing and roadside assistance for all
vehicle types across Central Kansas. It also provides heavy truck
and off-road recovery, including semi-truck recovery and load
management. Through its affiliate Kansas Environmental Cleanup, the
company delivers certified HAZMAT cleanup and site remediation
services throughout the state.
Auto House sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Kan. Case No. 25-20726) on May 31, 2025. In its
petition, the Debtor reported total assets of $1,825,013 and total
liabilities of $4,479,222.
Judge Robert D. Berger handles the case.
The Debtor is represented by:
Colin N. Gotham
Evans & Mullinix, P.A.
Tel: 913-962-8700
Email: cgotham@emlawkc.comColin N. Gotham
AVON PLACE: Hires Schwartz Sladkus LLP as Litigation Counsel
------------------------------------------------------------
Avon Place, LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to employ Schwartz Sladkus Reich
Greenberg Atlas LLP as special litigation counsel.
The firm will perform litigation law only, and not to perform
bankruptcy legal services.
The firm received an initial retainer in the amount of $30,000.
Schwartz Sladkus is a disinterested party in the matters in which
it is to be engaged within the meaning and intent of 11 U.S.C. Sec.
101(14), according to court filings.
The firm can be reached through:
Andrea J. Caruso, Esq.
Schwartz Sladkus Reich Greenberg Atlas LLP
444 Madison Avenue
New York, NY 10022
Phone: (212) 743-7000
About Avon Place LLC
Avon Place LLC is a real estate company owning multiple properties
at 44, 46, 47, 48 Avonwood Road in Avon, Connecticut.
Avon Place LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41368) on March 21,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor tapped Backenroth, Frankel & Krinsky, LLP as counsel and
FIA Capital Partners, LLC as restructuring advisor.
BALKAN EXPRESS: Seeks to Extend Plan Exclusivity to November 26
---------------------------------------------------------------
Balkan Express, LLC and Balkan Logistics, LLC 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 November 26, 2025 and January 26, 2026,
respectively.
The Debtors submit that cause exists for extending the Exclusivity
Period in these Chapter 11 Cases because the Truck Terminal Sale
process is currently ongoing and will not conclude before the
expiration on August 28, 2025 of the Debtors' exclusive right to
file a Chapter 11 plan of reorganization. Additional time will
enable the Debtors to finalize and implement their strategy for
emergence from Chapter 11.
Additionally, this is the Debtors' first request for an extension
of the Exclusivity Periods. Because of the complexity of these
Chapter 11 Cases, an extension of the Exclusivity Periods will give
the Debtors sufficient and much needed time to continue negotiating
terms of a Chapter 11 plan of reorganization with their
stakeholders and memorialize the terms of both a plan and
disclosure statement.
Furthermore, the Debtors' purpose in seeking extension of the
Exclusivity Periods is a good-faith effort to continue the
reorganization efforts they have initiated without the distraction
and costs of a competing plan process, which would be a distraction
and waste of the Debtors' limited time and resources. The relief
requested in the Motion is not intended for the purpose of coercing
or strong-arming any creditor, but rather to benefit all of the
Estates' stakeholders as a whole.
Moreover, an extension of the Exclusivity Periods will not result
in prejudice to any creditor or party in interest, and instead,
will enable the Debtors to continue focusing on preserving and
enhancing their going-concern value and proposing a viable, fair,
and comprehensive plan that is (ideally) supported by all major
constituents. Such a result is clearly in the best interest of the
Estates.
The Debtors explain that they have made significant, good faith
progress in negotiating with creditors and addressing unresolved
contingencies. The Debtors have not yet filed a proposed Chapter 11
plan because the Truck Terminal Sale process is still ongoing. The
Debtors believe that if the Court extends the Exclusivity Period,
it will give the Debtors time to conclude the Truck Terminal Sale
process and will clear a path for the Debtors to seek confirmation
of a feasible Chapter 11 plan.
Counsel to the Debtors:
Joshua N. Eppich, Esq.
Eric T. Haitz, Esq.
Bonds Ellis Eppich Schafer Jones LLP
420 Throckmorton Street, Suite 1000
Fort Worth, TX 76102
Telephone: (817) 405-6900
Facsimile: (817) 405-6902
Email: joshua@bondsellis.com
Email: eric.haitz@bondsellis.com
-and-
Ken Green, Esq.
402 Heights Boulevard
Houston, Texas 77007
(713) 335-4990 telephone
(713) 335-4991 facsimile
Email: ken.green@bondsellis.com
About Balkan Express, LLC
Balkan Express LLC is a transportation and logistics company based
in Fort Worth, Texas, offering full truckload and
less-than-truckload freight services across the 48 contiguous U.S.
states. The Company operates a fleet of over 150 trucks and 250
trailers and offers 24/7 dispatch support with GPS tracking.
Balkan Express LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-41544) on April 30,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million.
The Debtor is represented by Joshua N. Eppich, Esq. at BONDS ELLIS
EPPICH SCHAFER JONES LLP.
BAYSIDE LIMO: Gets Interim OK to Use Cash Collateral
----------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida issued
a second interim authorizing Bayside Limo of Tampa, LLC to continue
using cash collateral.
The second interim order signed by Judge Catherine Peek McEwen
authorized the Debtor to use cash collateral to pay the amounts
expressly authorized by the court; the expenses set forth in the
budget, plus an amount not to exceed 10% for each line item; and
additional amounts subject to approval by secured creditors. This
authorization will continue until further order of the court.
Secured creditors include the U.S. Small Business Administration,
CT Corporation System (as representative of various parties),
Credibly of Arizona LLC, Silverline Services, Inc., and CHTD
Company.
As adequate protection for the Debtor's use of their cash
collateral, secured creditors will have perfected post-petition
liens on the cash collateral, with the same validity, priority and
extent as their pre-bankruptcy liens.
The Debtor was ordered to keep its property insured in accordance
with its loan and security agreements with secured creditors as
further protection.
The next hearing is set for August 19.
About Bayside Limo of Tampa LLC
Bayside Limo of Tampa LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.8:25-bk-03982-CPM)
on June 13, 2025. In the petition signed by Kevin New, chief
executive officer, the Debtor disclosed up to $500,000 in assets
and up to $1 million in liabilities.
Judge Catherine Peek McEwen oversees the case.
The Debtor is represented by:
Buddy D. Ford, Esq.
Ford & Semach, P.A.
Tel: 813-877-4669
Email: buddy@tampaesq.com
BELLEHAVEN ACADEMY: U.S. Trustee Unable to Appoint Committee
------------------------------------------------------------
The U.S. Trustee for Region 4 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Bellehaven Academy, Inc.
About Bellehaven Academy Inc.
Bellehaven Academy Inc. is a tax-exempt educational institution
operating in Anderson, South Carolina.
Bellehaven Academy sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.S.C. Case No. 25-02508) on July 1, 2025.
In its petition, the Debtor reported estimated assets and
liabilities between $100,000 and $500,000.
Judge Elisabetta Gm Gasparini oversees the case.
The Debtor is represented by Jason Michael Ward, Esq., at Jason
Ward Law, LLC.
BESTWALL LLC: 4th Cir. Rejects Bid to Dismiss Bankruptcy Case
-------------------------------------------------------------
In the appeal styled BESTWALL LLC, f/k/a Georgia-Pacific LLC, a
Texas limited liability company and a North Carolina limited
liability company, Debtor- Appellee, v. THE OFFICIAL COMMITTEE OF
ASBESTOS CLAIMANTS OF BESTWALL, LLC, Creditor-Appellant, No.
24-1493 (4th Cir.), Judges A. Marvin Quattlebaum, Jr., G. Steven
Agee and Robert B. King of the United States Court of Appeals for
the Fourth Circuit affirmed the judgment of the United States
Bankruptcy Court for the Western District of North Carolina denying
the motion of the Official Committee of Asbestos Claimants to
dismiss Bestwall LLC's bankruptcy case for lack of subject-matter
jurisdiction.
Founded in 1927, Georgia-Pacific LLC is a multibillion-dollar
corporation that operates primarily in the pulp and paper industry.
In 1965, Georgia-Pacific bought and then merged with Bestwall
Gypsum Co., which manufactured wallboard, joint compound products
and industrial plasters. But with its assets came its liabilities,
including the asbestos claims against it, which plagued
Georgia-Pacific for decades. From 2014 to 2017, for example,
Bestwall paid $558 million in defense and indemnity costs for
asbestos litigation.
In 2017, Bestwall faced around 64,000 pending asbestos claims, with
tens of thousands more anticipated through at least 2050. So,
Georgia-Pacific sought to deal with these asbestos claims through a
divisional merger that has been labeled the Texas
two-step -- named for Texas' Business Organizations Code Sec.
1.002(55)(A).
Implementing this strategy, on July 31, 2017, Georgia-Pacific split
into two entities. Georgia-Pacific received most of the $28.3
billion company.
On Nov. 2, 2017, Bestwall petitioned for relief under Chapter 11 of
the Bankruptcy Code in the Western District of North Carolina. It
simultaneously filed an adversary proceeding, in which it moved for
an injunction prohibiting asbestos claimants from filing or
prosecuting asbestos claims against Bestwall or Georgia-Pacific.
The Official Committee of Asbestos Claimants -- formed after
Bestwall filed bankruptcy to represent the interests of individuals
with personal injury claims for exposure to asbestos manufactured
by Bestwall—opposed the injunction. The bankruptcy court granted
Bestwall's motion.
The Committee also moved to dismiss the bankruptcy case, arguing it
was filed in bad faith because Bestwall wasn't really bankrupt. The
same day the bankruptcy court granted the motion for an injunction,
it denied the Committee's motion.
Several years later, the Committee moved to dismiss again, this
time for lack of subject-matter jurisdiction.
The Committee noted that the Constitution gives Congress the power
to establish "uniform Laws on the subject of Bankruptcies
throughout the United States." The Committee then argued that
Bestwall was not "bankrupt" according to a founding-era
understanding of the word. For that reason, it maintained that the
bankruptcy court had no legitimate subject-matter jurisdiction over
Bestwall. This constitutional requirement for jurisdiction, the
Committee insisted, precedes any statutory requirements for
debtors.
The Committee claimed that its motion was a "new and distinct
argument from any previously raised." And since the motion attacked
the court's subject-matter jurisdiction, the court's previous
denial of its motion to dismiss for bad faith did not bar it;
subject-matter jurisdiction, the Committee noted, may be challenged
at any time.
According to the Fourth Circuit, "A party like the Committee can
certainly argue that Congress exceeded its powers in giving the
bankruptcy court jurisdiction over a company that can pay its
debts. But that question really is about Congress's power under
Article I of the Constitution to make parties eligible for
bankruptcy protection. It's not a question of subject-matter
jurisdiction."
The Circuit Judges hold, "The Committee has already had an
opportunity to argue that solvent debtors are not entitled to
bankruptcy protection. It lost that argument before the bankruptcy
court. The Committee may have another chance to renew that argument
-- at plan confirmation. If it doesn't like the result, it will
then have a final order to appeal. But as we have explained,
challenges about a debtor's eligibility for bankruptcy protection
are not jurisdictional, even when those challenges are
constitutional. For that reason, now is not the time for these
arguments. We repeat that this appeal presents only one narrow
question -- do federal courts have subject-matter jurisdiction over
bankruptcy cases filed by debtors who may be able to pay their
obligations? We have answered yes. For all these reasons, the
opinion of the bankruptcy court is affirmed."
A copy of the Court's Opinion dated August 1, 2025, is available at
https://urlcurt.com/u?l=tdbjl9
About Bestwall LLC
Bestwall LLC -- http://www.Bestwall.com/-- was created in an
internal corporate restructuring and now holds asbestos
liabilities. Bestwall's asbestos liabilities relate primarily to
joint systems products manufactured by Bestwall Gypsum Company, a
company acquired by Georgia-Pacific in 1965. The former Bestwall
Gypsum entity manufactured joint compounds containing small amounts
of chrysotile asbestos; the manufacture of these
asbestos-containing products ceased in 1977.
Bestwall's non-debtor subsidiary, GP Industrial Plasters LLC
("PlasterCo"), develops, manufactures, sells and distributes gypsum
plaster products, including gypsum floor underlayment, industrial
plaster, metal casting plaster, industrial tooling plaster, dental
plaster, medical plaster, arts and crafts plaster, pottery plaster
and general purpose plaster.
On Nov. 2, 2017, Bestwall sought Chapter 11 protection (Bankr.
W.D.N.C. Case No. 17-31795) in an effort to equitably and
permanently resolve all its current and future asbestos claims. The
Debtor estimated assets and debt of $500 million to $1 billion. It
has no funded indebtedness.
The Hon. Laura T. Beyer is the case judge.
The Debtor tapped Jones Day as bankruptcy counsel; Robinson,
Bradshaw & Hinson, P.A., as local counsel; Schachter Harris, LLP as
special litigation counsel for medicine science issues; King &
Spalding as special counsel for asbestos matters; and Bates White,
LLC, as asbestos consultants. Donlin Recano LLC is the claims and
noticing agent.
On Nov. 8, 2017, the U.S. bankruptcy administrator appointed an
official committee of asbestos claimants in the Debtor's case. The
committee retained Montgomery McCracken Walker & Rhoads, LLP as
legal counsel; and Hamilton Stephens Steele + Martin, PLLC and JD
Thompson Law as local counsel.
On Feb. 22, 2018, the court approved the appointment of Sander L.
Esserman as the future claimants' representative in the Debtor's
case. Mr. Esserman tapped Young Conaway Stargatt & Taylor, LLP, as
legal counsel; Hull & Chandler, P.A., as local counsel; Ankura
Consulting Group, LLC, as claims evaluation consultant; and FTI
Consulting, Inc., as financial advisor.
BG SHOP: Unsecured Creditors to Split $10K in Plan
--------------------------------------------------
BG Shop, LLC filed with the U.S. Bankruptcy Court for the Western
District of Washington a Plan of Reorganization dated July 29,
2025.
The Debtor operates as an autobody repair shop located in Shelton,
Washington. The Debtor began operating in 2015.
Leading up the bankruptcy filing, the Debtor was involved in
litigation with the Debtor's landlord. The conditions of the
building led to periods of time in which the Debtor could not
operate and as a result, experienced a reduction in income and the
Debtor fell behind on rent. The parties were engaged in a lawsuit
in which the court found in favor of the landlord and the lease was
terminated prior to filing.
Facing mounting pressure from the creditors, including Debtor's
prior landlord, the Debtor filed a voluntary petition for relief
under Chapter 11, Subchapter V on April 30, 2025 in an effort to
reorganize the outstanding debt owed and allow the Debtor to
continue operating.
Marlo Brown served as Manager of the Debtor prior to the Petition
Date and will continue to serve as manager of the Debtor during the
plan term for which she will be compensated pursuant to the terms
set forth in the attached projections.
Class 1 consists of General Unsecured Claims. Allowed Class 1
claims will be paid a prorata share of $10,000.00. This will be
paid at $185.00 per month beginning the month following the
Effective Date. To maximize efficiency for Class 1 claims and the
Debtor, the Debtor may pay the total amount to be received under
the plan to each creditor as a lump sum payment. This Class is
impaired.
The Plan will be funded with revenue from the Debtor's operation.
It is anticipated the Debtor's fixed expenses will remain
relatively constant moving forward with variable expenses
increasing proportionately with revenue. Debtor expects the income
and expenses to remain consistent through the life of the Plan.
A full-text copy of the Plan of Reorganization dated July 29, 2025
is available at https://urlcurt.com/u?l=HAJDPv from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jennifer L. Neeleman, Esq.
Neeleman Law Group, PC
1403 8th Street
Marysville, WA 98270
Telephone: (425) 212-4800
Email: jennifer@neelemanlaw.com
About BG Shop, LLC
BG Shop, LLC, operates as an autobody repair shop located in
Shelton, Washington.
The Debtor filed a Chapter 11 bankruptcy petition (Bankr. W.D.
Wash. Case No. 25-41005-MJH) on April 30, 2025. The Debtor tapped
Neeleman Law Group, P.C., as counsel.
BIG STORM: U.S. Trustee Unable to Appoint Committee
---------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 cases of Big Storm Brewery LLC and its affiliates, according to
court dockets.
About Big Storm Brewery LLC
Big Storm Brewery, LLC and Big Storm Real Estate, LLC sought
protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
M.D. Fla. Case Nos. 25-04026 and 25-04024) on June 16, 2025. On
June 13, 2025, Big Storm Pinellas, LLC filed Chapter 11 petition
(Bankr. M.D. Fla. Case No. 25-03975). The cases are jointly
administered under Case No. 25-04026.
At the time of the filing, Big Storm Brewery and Big Storm Pinellas
reported up to $50,000 in assets and between $1 million and $10
million in liabilities while Big Storm Real Estate reported between
$1 million and $10 million in assets and liabilities.
Judge Roberta A. Colton oversees the cases.
Jake C. Blanchard, Esq., at Blanchard Law, P.A. is the Debtors'
bankruptcy counsel.
BISHOP OF FRESNO: Hires Donlin Recano as Administrative Advisor
---------------------------------------------------------------
The Roman Catholic Bishop of Fresno seeks approval from the U.S.
Bankruptcy Court for the Eastern District of California to hire
Donlin, Recano & Company, LLC to serve as its administrative
advisor.
DRC will provide these services:
(a) assist with solicitation, balloting, tabulation, and
calculation of votes, and prepare reports required in furtherance
of confirmation of any Chapter 11 plan;
(b) generate an official ballot certification and testify, if
necessary, in support of the ballot tabulation results for any
Chapter 11 plan;
(c) assist with claims objections, exhibits, claims
reconciliation, and related matters; and
(d) provide other claims processing, noticing, solicitation,
balloting, and administrative services.
DRC will be compensated based on these hourly consulting fee
rates:
Executive Management No charge
Senior Bankruptcy Consultant $185 - $225
Case Manager $170 - $185
Consultant/Analyst $140 - $165
Technology/Programming Consultant $95 - $135
Clerical $40 - $50
Donlin, Recano & Company, LLC is a "disinterested person" within
the meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
Lisa Terry of DRC also made the following disclosures in response
to the request for additional information set forth in Paragraph
D.1 of the U.S. Trustee Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Answer: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: DRC did not represent the Debtor prepetition.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: DRC will work with the Debtor to prepare and provide a
prospective budget and staffing plan.
The firm can be reached at:
Lisa Terry, Esq.
Donlin, Recano & Company, LLC
48 Wall St.
New York, NY 10005
Phone: (212) 481-1411
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.
BISHOP OF FRESNO: Hires Kahn Soares & Conway as Special Counsel
---------------------------------------------------------------
The Roman Catholic Bishop of Fresno seeks approval from the U.S.
Bankruptcy Court for the Eastern District of California to employ
Kahn, Soares & Conway LLP as its special counsel.
KSC will provide these services:
(a) assist the Debtor and its bankruptcy counsel in the course
of the Debtor's reorganization on matters falling within KSC's
expertise or special knowledge;
(b) continue to assist the Debtor with its personal injury and
premises liability litigation work in the ordinary course of
business; and
(c) assist the Debtor, its insurance counsel, and bankruptcy
counsel in evaluating and handling pending personal injury and
premises liability claims.
The firm's hourly rates are:
-- $200 to $450 for attorneys;
-- $150 for paralegals; and
-- $350 for Partner Rissa A. Stuart
According to court filings, KSC is a "disinterested person" within
the meaning of Section 101(14) of the Bankruptcy Code.
KSC also made the following disclosures in response to Paragraph
D.1 of the U.S. Trustee Guidelines for large Chapter 11 cases:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Answer: KSC has not agreed to any variations from, or
alternatives to, its standard or customary billing arrangements.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: KSC's retention by the Debtor prior to the Petition
Date was on the same terms and rates as set forth in this
Application.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: The Debtor has approved a prospective, consolidated
budget for the services and expenses of all its professionals for
the first 12 months of the Bankruptcy Case.
The firm can be reached at:
Rissa A. Stuart, Esq.
KAHN, SOARES & CONWAY LLP
219 North Douty St., Hanford, CA 93230
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.
BISHOP OF FRESNO: Hires Stradley Ronon as Special Counsel
---------------------------------------------------------
The Roman Catholic Bishop of Fresno seeks approval from the U.S.
Bankruptcy Court for the Eastern District of California to employ
Stradley Ronon Stevens & Young, LLP as its special counsel.
Stradley Ronon will provide these services:
(a) assist the Debtor and its bankruptcy counsel in the course
of the Debtor's reorganization on matters falling within Stradley
Ronon's expertise or special knowledge;
(b) continue to assist the Debtor with the New York abuse
litigation cases in the ordinary course of its business; and
(c) assist the Debtor, its insurance counsel, and bankruptcy
counsel in evaluating and handling the New York abuse litigation
claims.
Mr. Michael J. Engle, partner and co-chair of the litigation
department at Stradley Ronon, will lead the engagement with an
hourly rate of $795.
Stradley Ronon is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
Mr. Engle also made the following disclosures in response to the
request for additional information set forth in Paragraph D.1 of
the U.S. Trustee Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Answer: Stradley Ronon has not agreed to any variations from,
or alternatives to, its standard or customary billing arrangements
for this engagement.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: Stradley Ronon's retention by the Debtor prior to the
Petition Date was on the same terms and rates as set forth in the
Application.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget
period?
Answer: The Debtor has approved a prospective, consolidated
budget for services and expenses for all of its professionals for
the first 12 months of the Bankruptcy Case.
The firm can be reached at:
Michael J. Engle, Esq.
Stradley Ronon Stevens & Young, LLP
1 World Trade Center Suite 2050
Long Beach, CA 90831
Telephone: (562) 366-1645
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: Plan Exclusivity Period Extended to October 22
---------------------------------------------------------
Judge Craig T. Goldblatt of the U.S. Bankruptcy Court for the
District of Delaware extended BLH TopCo, LLC, and its affiliates'
exclusive periods to file a plan of reorganization and obtain
acceptance thereof to October 22 and December 22, 2025,
respectively.
As shared by Troubled Company Reporter, 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 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.
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.
BRIGHT CARE: Court OKs Deal to Use Live Oak's Cash Collateral
-------------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California
approved a stipulation entered into by Bright Care Veterinary
Hospital, Inc., Bright Care Veterinary Group, Inc. and Live Oak
Banking Company regarding the use of cash collateral.
The Debtors are parties to three promissory notes with Live Oak: a
$5 million SBA Note from March 2021, a $900,000 Small Note from
August 2023, and a $1.8 million BCVG Note from December 2023. Each
loan is secured by substantially all personal property assets of
the Debtors, such as equipment, inventory, accounts, and deposit
accounts. Live Oak holds perfected security interests in the
collateral through properly filed UCC-1 financing statements.
As of the petition date, the outstanding balances on these loans
total over $7.6 million. Because the collateral securing these
loans includes cash, it qualifies as "cash collateral" under the
Bankruptcy Code.
The Debtors previously received interim approval to use cash
collateral, which expired on July 31. Under the current
stipulation, the parties agree that the Debtors may use the cash
collateral through December 31 for ordinary business expenses as
outlined in the budget. The stipulation includes limitations on
unapproved spending and allows for monthly disbursements that
exceed budgeted amounts by no more than 15% per category. All cash
must be deposited in DIP accounts designated by the Debtors and
used strictly according to the budget.
In return for the use of cash collateral, the Debtors will provide
adequate protection to Live Oak by making monthly payments due
under each loan beginning this month. Live Oak will also receive
replacement liens on the Debtors' post-petition assets and DIP
accounts, excluding avoidance actions under Chapter 5 of the
Bankruptcy Code. If those protections prove insufficient, Live Oak
will hold superpriority administrative claims senior to nearly all
other claims in the bankruptcy.
A copy of the motion is available at https://urlcurt.com/u?l=6caE05
from PacerMonitor.com.
About Bright Care Veterinary Hospital
Bright Care Veterinary Hospital, Inc. filed Chapter 11 petition
(Bankr. C.D. Calif. Case No. 25-10900) on April 8, 2025, listing
between $1 million and $10 million in both assets and liabilities.
Alireza Gorgi, president of Bright Care, signed the petition.
Judge Scott C. Clarkson oversees the case.
The Debtor is represented by David B. Golubchik, Esq. at Levene,
Neale, Bender, Yoo & Golubchik L.L.P.
Live Oak Banking Company, as lender, is represented by:
Christopher J. Harayda, Esq.
STINSON LLP
50 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 335-1500
Facsimile: (612) 335-1657
Email: cj.harayda@stinson.com
BTG TEXTILES: Seeks Cash Collateral Access Until December
---------------------------------------------------------
BTG Textiles Inc. asked the U.S. Bankruptcy Court for the Central
District of California for authority to continue using the cash
collateral of its secured creditor, Transportation Alliance Bank,
Inc., through December.
This use is essential for paying operating expenses such as rent,
payroll, insurance, and utilities, all outlined in the Debtor's
budget. Continued access to cash collateral will prevent disruption
to business operations while the Debtor works toward confirming its
plan of reorganization, which proposes full repayment (100%) to all
creditors.
TAB Bank holds the only secured claim with an interest in the
Debtor's cash collateral, totaling $9.9 million, secured by a
blanket lien. The U.S. Small Business Administration holds a
subordinated lien under two separate subordination agreements.
As of July, the Debtor's total asset value is about $17.3 million
and the Debtor has been making $112,767 monthly adequate protection
payments to TAB Bank per court-approved stipulation. These payments
will continue, along with replacement liens on post-petition assets
to protect TAB Bank and the SBA's interests.
The Debtor seeks flexibility to exceed budgeted expenses by up to
15% and reallocate within approved categories without further court
approval.
The Debtor, a California corporation founded in 2011, imports and
distributes hospitality and healthcare textiles. It operates from
two warehouses in California and Florida. It filed for Chapter 11
bankruptcy on January 24 after financial strain caused by TAB
Bank's unilateral changes to its lending terms and aggressive
collection actions, including contacting Debtor's customers.
A court hearing is set for August 19.
About BTG Textiles Inc.
BTG Textiles, Inc. is a Montebello, California-based textile
manufacturer and distributor. Founded in 1988, the company
manufactures and distributes textile products to healthcare
facilities, institutional laundries, janitorial services, and
hospitality businesses. BTG operates manufacturing facilities in
Bangladesh, Portugal, and Pakistan, maintaining its principal place
of business at 710 Union Street in Montebello.
BTG Textiles sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. C.D. Calif. Case No. 25-10548) on Jan. 25, 2025. In
its petition, the Debtor listed assets and liabilities between $10
million and $50 million.
Judge Vincent P. Zurzolo handles the case.
Michael Jay Berger, Esq., at the Law Offices of Michael Jay Berger
is the Debtor's bankruptcy counsel.
Transportation Alliance Bank, Inc., as secured creditor, is
represented by:
Michele Sabo Assayag, Esq.
Byron B. Mauss, Esq.
Snell & Wilmer L.L.P.
600 Anton Blvd., Suite 1400
Costa Mesa, CA 92626-7689
Telephone: 714.427.7000
Facsimile: 714.427.7799
massayag@swlaw.com
bmauss@swlaw.com
CALI MADE COLD: Unsecureds Owed $1.48M Will Get 1% of Claims
------------------------------------------------------------
Cali Made Cold Planing LLC, submitted a Second Amended Plan of
Reorganization for Small Business dated July 31, 2025.
This Second Amended Plan classifies Debtor's secured creditors in
14 classes, the priority tax claim of Franchise Tax Board
separately to be paid in full on the effective date of the Second
Amended Plan, and the general unsecured creditors in a separate
class.
Class 1(B) consists of the Secured Claim of Ally Bank [POC #7] for
$68,306.93. The Second Amended Plan treats $68,306.93 as an allowed
secured claim ("Allowed Secured Claim"). The value of the
collateral is based on the amount asserted in Ally Bank's POC #7.
This Class shall receive a monthly payment of $1,401.42 with 8.5%
interest from July 1, 2025 to July 2030.
Class 1(C) consists of the Secured Claim of Ally Bank [POC #8] for
$85,919.79. The Second Amended Plan treats $85,919.79 as an allowed
secured claim ("Allowed Secured Claim"). This Class shall receive a
monthly payment of $1,762.78 with 8.5% interest from July 10, 2025
to July 2030.
Class 1(D) consists of the Secured Claim of Ally Bank [POC #4] for
$28,554.46. The Second Amended Plan treats $23,009.00 as an allowed
secured claim ("Allowed Secured Claim") and the $5,545.46
undersecured balance in Class 2 as a general unsecured claim. This
Class shall receive a monthly payment of $472.06 with 8.5% interest
from July 10, 2025 to July 2030.
Class 1(F) consists of the Secured Claim of Caterpillar Financial
Services Corp. [POC #23] for $306,856.67. The Second Amended Plan
treats $210,000.00 as an allowed secured claim ("Allowed Secured
Claim") and the $96,856.67 undersecured balance in Class 2 as a
general unsecured claim. The claim is bifurcated based on an
agreement reached between the parties resolving Caterpillar's
Section 1111(b)(2) election.
This Class shall receive a monthly payment of $4,308.47 with 8.5%
interest from the effective date up to 59 months after the month in
which the effective date occurs.
Following negotiations between the Debtor and Caterpillar, the
parties reached an agreement, resolving Caterpillar's 1111(b)(2)
and the terms set forth herein are pursuant to that stipulation.
The allowed secured potion of Caterpillar's claim shall be
$210,000.00 and shall be paid in equal monthly installments of
$4,308.47 over a period of 60 months from the Effective Date of the
Plan. Interest shall accrue at a fixed rate of 8.5% per annum. The
remaining balance of Caterpillar's claim in the amount of
$96,856.67 shall be treated as an allowed general unsecured claim
and paid pro rata with other general unsecured creditors in
accordance with the terms of this Second Amended Plan. Upon
completion of all payments to Caterpillar under this Second Amended
Plan, Caterpillar shall release any and all liens, security
interests, and encumbrances against the Debtor's assets securing
the claim.
Class 2 consists of General Unsecured Claims. Total general
unsecured claims including the undersecured portions of claims is
$1,483,098.58. This Class shall receive a monthly payment of
$247.18 from December 1, 2025 to December 1, 2030. This Class will
receive a distribution of 1% of their allowed claims. This Class is
impaired.
The Debtor will fund its Second Amended Plan from the continued
operation of its business. Since the filing of the case, the Debtor
reduced its overhead expenses and is working on expanding the scope
of services it provides to attract more bids. It has a very good
reputation in the community and receives many referrals from
contractors and other parties. Debtor also has a number of clients
that it does business on a regular basis, which guarantees
continued flow of work to generate the funds needed to support the
proposed reorganization plan.
On Confirmation of the Second Amended 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 Second Amended Plan, to the Debtor. The Debtor expects to have
sufficient cash on hand to make the payments required on the
Effective Date.
A full-text copy of the Second Amended Plan dated July 31, 2025 is
available at https://urlcurt.com/u?l=dIHyn3 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Michael Jay Berger, Esq.
Law Offices of Michael Jay Berger
9454 Wilshire Blvd, 6th Floor
Beverly Hills, CA 90212
Telephone: (310) 271-6223
Facsimile: (310) 271-9805
Email: Michael.Berger@bankruptcypower.com
About Cali Made Cold Planing LLC
Cali Made Cold Planing LLC is a services company based in Mentone,
California.
Cali Made Cold Planing sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10398) on Jan. 24,
2025. In its petition, the Debtor estimated assets and liabilities
between $1 million and $10 million.
Bankruptcy Judge Scott H. Yun handles the case.
The Law Offices of Michael Jay Berger serves as the Debtor's
counsel.
CAMTREN HOLDINGS: Hires Rountree Leitman Klein as Legal Counsel
---------------------------------------------------------------
CamTren Holdings LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Georgia to hire Rountree Leitman Klein
& Geer, LLC to serve as its legal counsel.
The firm will provide these services:
(a) give the Debtor legal advice with respect to its powers and
duties as Debtor-in-Possession in the management of its property;
(b) prepare on behalf of the Debtor as Debtor-in-Possession
necessary schedules, applications, motions, answers, orders,
reports and other legal matters;
(c) assist in examination of the claims of creditors;
(d) assist with formulation and preparation of the disclosure
statement and plan of reorganization and with the confirmation and
consummation thereof; and
(e) perform all other legal services for the Debtor as
Debtor-in-Possession that may be necessary herein.
RLKG attorneys charge hourly rates ranging from $375 to $595.
Paralegal hourly rates range from $150 to $290. A law clerk, if
employed, will bill at $175 per hour. The firm received a $15,000
pre-petition retainer.
Rountree Leitman Klein & Geer, LLC 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:
Ceci Christy, Esq.
ROUNTREE LEITMAN KLEIN & GEER, LLC
2987 Clairmont Road, Suite 350
Atlanta, GA 30329
Telephone: (404) 584-1238
E-mail: cchristy@rlkglaw.com
About CamTren Holdings LLC
CamTren Holdings LLC is a real estate services company operating
under NAICS code 531390 (Other Activities Related to Real Estate).
CamTren Holdings LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-57423) on July 1,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $500,000 and $1 million.
The Debtors are represented by Rountree, Leitman, Klein & Geer,
LLC.
CENTER FOR SPECIAL: Founder Loses Bid to Revoke Detention Order
---------------------------------------------------------------
In the case captioned as UNITED STATES OF AMERICA v. JOSEPH GOVONI,
Case No. 8:25-cr-299-VMC-NHA LEO (M.D. Fla.), Judge Virginia M.
Hernandez Covington of the United States District Court for the
Middle District of Florida denied Leo Joseph Govoni's motion for
revocation of a detention order pending trial and appeal to
district court pursuant to 18 U.S.C. Sec. 3145(b) to request for
pretrial release.
The United States of America responded in opposition on July 16,
2025.
On June 18, 2025, Mr. Govoni was indicted on 15 counts:
-- conspiracy to commit mail fraud and wire fraud (Count One);
-- mail fraud (Counts Two through Five);
-- wire fraud (Counts Six through Eleven);
-- money laundering conspiracy (Count Twelve);
-- bank fraud (Count Thirteen);
-- illegal monetary transactions (Count Fourteen); and
-- false bankruptcy declaration (Count Fifteen).
Mr. Govoni is accused of embezzling over $100 million from
vulnerable individuals whose special needs trusts Mr. Govoni's
non-profit entity, The Center for Special Needs Trust
Administration, was entrusted to administer. This money was
embezzled from over 1,500 victims. After new management realized
that over $100 million in client funds was missing, Mr. Govoni's
entity declared bankruptcy.
Mr. Govoni had his initial appearance before United Magistrate
Judge Amanda Arnold Sansone Sansone on June 23, 2025. At that
hearing, Judge Sansone ordered that the issue of bond be taken up
at a later detention hearing so that the government could provide
notice to victims to exercise their right under 18 U.S.C. Sec.
3771(a)(4) to be heard at the detention hearing. The detention
hearing was held a few days later on June 26, 2025. Multiple
victims submitted statements before the detention hearing and some
victims spoke at the detention hearing. These victims asked that
Mr. Govoni be detained because they feared he would flee and
further destroy evidence, given his bad conduct in the Bankruptcy
Court proceedings in the previous year.
During the detention hearing, the United States moved for Mr.
Govoni to be detained pending trial, although it had previously
written that release on a high bond with highly restrictive
conditions would be sufficient. The United States explained that it
had reconsidered things and also found out some additional
information that it wanted to bring to the Court's attention that
caused the government to change its position.
According to the United States, Mr. Govoni presents a very real
danger to the community if he was in a position where he could
further dissipate assets, dissolve companies, hide assets, transfer
assets, all of those things would endanger the vulnerable special
needs victims that are at the heart of this case.
For his part, Mr. Govoni argued that he should be released on bond
with restrictive conditions to assure the Court he would not flee.
He insisted that he was not a danger to others because his alleged
crimes were only economic in nature. He emphasized his lack of
criminal history, poor health, long residence in this District, and
his familial ties to the area.
At the end of the hearing, Judge Sansone orally granted the United
States's motion for detention. In the subsequent order of
detention, Judge Sansone concluded, by a preponderance of the
evidence, that no conditions of release will reasonably ensure Mr.
Govoni's appearance as required. Judge Sansone held that electronic
monitoring and a bond secured by property the government argues is
subject to forfeiture in this case anyway is insufficient to assure
the defendant's presence in court.
Now, Mr. Govoni moves to revoke the Magistrate Judge's order of
detention. He raises legal arguments concerning whether the
Magistrate Judge erred in ordering detention based on the evidence
before the Court. The United States has responded, arguing that Mr.
Govoni's risk of flight and pattern of obstruction each
independently support his detention.
Judge Sansone outlined the facts that led her to this conclusion:
(1) if convicted, Mr. Govoni is facing 30 years in prison if
sentenced so that his sentences run concurrently, and 265 years in
prison, if sentenced so that his sentences run consecutively;
(2) Mr. Govoni is accused of embezzling approximately $100
million over a 15 year period from individuals with special needs
who had entrusted their money to Mr. Govoni for safekeeping so it
could be available to pay their medical bills and other necessities
-- instead Mr. Govoni is accused of spending that $100 million on
luxury items ranging from real estate to a private airplane to a
club box at Raymond James Stadium;
(3) within approximately the last year, Mr. Govoni, via other of
his entities, sold $6 million worth of real estate that netted $1.5
million and the bankruptcy trustee has been unable to locate the
$1.5 million for the benefit of the trust beneficiaries;
(4) the government and the Chapter 11 Trustee have concerns that
Mr. Govoni has significantly more assets available to him than what
they have been able to locate to date;
(5) after receiving grand jury subpoenas, Mr. Govoni began a
series of large financial transactions in an effort to transfer a
total of over $1 million from his bank accounts to bank accounts in
his wife's name only;
(6) after being told in the bankruptcy proceeding that he could
no longer operate Big Storm Brewery and his other entities, he
refused to allow access by the chief restructuring officers
appointed by the bankruptcy court to run them, removed expensive
equipment without permission, accessed/trespassed the premises, and
later tricked a graphic designer at Big Storm Brewery to prepare
and file corporate dissolution papers for the entities with the
State of Florida without telling that person that he was not
permitted to do that;
(7) Bankruptcy Judge Roberta Colton concluded in a June 12, 2025
Final Order of Contempt that Mr. Govoni "willfully disobeyed" three
bankruptcy court discovery orders and sanctioned him with a daily
$5,000 sanction until he provides the financial records he owes the
Chapter 11 Trustee; and
(8) Bankruptcy Judge Colton also concluded Mr. Govoni had
stonewalled the Chapter 11 Trustee's collection efforts and that
Mr. Govoni's "recalcitrance has impeded [the Trustee's] ability to
execute on the Judgement."
The Court agrees with the Magistrate Judge that, by a preponderance
of the evidence, no conditions or combination of conditions of
release will reasonably assure Mr. Govoni's appearance as
required.
Upon de novo review of the record, the Court adopts the Magistrate
Judge's pretrial detention order.
A copy of the Court's Order is available at
https://urlcurt.com/u?l=iMGjCa
About The Center for Special Needs
Trust Administration
The Center for Special Needs Trust Administration, Inc. filed
Chapter 11 petition (Bankr. M.D. Fla. Case No. 24-00676) on Feb. 9,
2024, with $100 million to $500 million in both assets and
liabilities.
Judge Roberta A. Colton oversees the case.
Scott A. Stichter, Esq., at Stichter, Riedel, Blain & Postler, PA
is the Debtor's legal counsel.
On March 4, 2024, the U.S. Trustee appointed an official committee
of unsecured creditors in this Chapter 11 case. The committee
tapped Underwood Murray, PA as bankruptcy counsel and Gilbert
Garcia Group, PA as special counsel.
CENTRAL RENT-ALL: Seeks Chapter 11 Bankruptcy in Louisiana
----------------------------------------------------------
On August 1, 2025, Central Rent-All & Outdoor Power Equipment
Sales Inc. filed Chapter 11 protection in the Middle District of
Louisiana. According to court filing, the Debtor reports between
$1 million and $10 million in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Central Rent-All & Outdoor Power Equipment
Sales Inc.
Central Rent-All & Outdoor Power Equipment Sales Inc. sells, rents,
and services lawn and garden equipment in Baton Rouge, Louisiana.
The Company offers new and used products, parts, and repair
services for brands such as STIHL, Husqvarna, Gravely, and Snapper.
It also provides equipment delivery, pickup, and blade
sharpening.
Central Rent-All & Outdoor Power Equipment Sales Inc. sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Louisiana
Case No. 25-10668) on August 1, 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 Michael A. Crawford handles the case.
The Debtor is represented byRyan J. Richmond, Esq. at STERNBERG,
NACCARI & WHITE, LLC.
CGA CORP: Seeks to Hire Ure Law Firm as Bankruptcy Counsel
----------------------------------------------------------
CGA Corporation seeks approval from the U.S. Bankruptcy Court for
the Central District of California to hire Ure Law Firm as
counsel.
The firm will render these services:
(a) advise the Debtor regarding matters of bankruptcy law and
concerning the requirement of the Bankruptcy Code and Bankruptcy
Rules relating to the administration of this case and the operation
of its estate;
(b) represent the Debtor in proceedings and hearings in court
involving matters of bankruptcy law;
(c) assist in compliance with the requirements of the Office
of the United States Trustee;
(d) advise and assist the Debtor with respect to its powers
and duties in the continued operation of its business and
management of the estate's property;
(e) assist the Debtor in the administration of the estate's
assets and liabilities;
(f) prepare necessary legal documents on behalf of the
Debtor;
(g) assist in the collection of all accounts receivable and
other claims that the Debtor may have and resolve claims against
its estate;
(h) provide advice, as counsel, concerning the claims of
secured and unsecured creditors, prosecution and/or defense of all
actions; and
(l) prepare, negotiate, prosecute, and attain confirmation of
a plan of reorganization.
The firm will be paid as follows:
Thomas B. Ure, Attorney $495 per hour
Associates $295 per hour
Paralegals $195 per hour
Law Clerks $95 per hour
`
In addition, the firm will seek reimbursement for expenses
incurred.
The Debtor agreed to pay the firm $15,000 as an initial deposit for
fees and expenses.
Mr. Ure 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 B. Ure, Esq.
Ure Law Firm
8280 Florence Avenue, Suite 200
Downey, CA 90240
Tel: (213) 202-6070
Fax: (213) 202-6075
Email: tom@urelawfirm.com
About CGA Corporation
CGA Corporation sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-15352) on June 25,
2025. In the petition signed by Rosalina Acosta, chief executive
officer, the Debtor disclosed up to $100,000 in assets and up to
$500,000 in liabilities.
Judge Deborah J. Saltzman oversees the case.
Thomas B. Ure, Esq., at Ure Law Firm, represents the Debtor as
bankruptcy counsel.
CHAMPIONS FINANCING: Moody's Cuts CFR to Caa1, Outlook Stable
-------------------------------------------------------------
Moody's Ratings downgraded Champions Financing, Inc.'s ("Crash
Champions") corporate family rating to Caa1 from B3 and its
probability of default rating to Caa1-PD from B3-PD. Moody's also
downgraded the company's senior secured first lien term loan,
senior secured first lien notes, and senior secured first lien
revolving credit facility ratings to Caa1 from B3. The outlook has
been changed to stable from negative.
The downgrade reflects that Moody's expects the weakness in Crash
Champions' credit metrics and free cash flow to persist for some
time. Overall industry repairable claims volumes remain very
challenging which is constraining Crash Champions' topline growth
and earnings despite it taking steps to deepen relationships with
insurance carriers to grow repair volumes, making progress on
growing its high margin scanning and calibration business and
focusing on operating cost and CAPEX discipline.
RATINGS RATIONALE
Crash Champions' Caa1 CFR is supported by its solid market position
as the third largest multi-store operator (MSO) with over 649
stores throughout the US in the highly-fragmented collision repair
industry. The rating is also supported by Crash Champions'
relationships with leading national insurance carriers, which
represent the vast majority of the company's revenues and earnings.
In addition, long-term demand fundamentals are strong as vehicle
miles traveled grow and repair severity, driven by the complexity
of vehicle technology, continues to rise.
The Caa1 CFR also reflects aggressive financial strategies under
private equity ownership, which has resulted in persistently weak
credit metrics and only adequate liquidity. As of Q1 2025, LTM
debt/EBITDA was 9.3x on a lease-adjusted basis and about 15x on a
funded debt basis while EBITA/interest coverage was 0.3x and free
cash flow was -$97 million. Moody's expects weakness in credit
metrics to persist for at least the remainer of 2025. Depending
primarily on a rebound in overall industry repairable claims
volumes and solid progress on topline growth initiatives, credit
metrics could improve in the back half of 2026 towards levels more
consistent with B3-rated peers.
The stable outlook reflects Moody's expectations for overall
adequate liquidity and the lack of near dated debt maturities
provides time for Crash Champions' iniatives to improve earnings
and credit metrics.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded should Crash Champions' EBITA/interest
coverage is sustained above 1.0x or if Crash Champions demonstrates
sustained positive free cash flow to debt. Adequate liquidity,
consistency in meeting operational and financial targets and
internally funding discretionary growth initiatives are required
for an upgrade of the ratings.
The ratings could be downgraded should liquidity weaken, operating
performance fails to improve such that leverage reaches more
sustainable levels or if the likelihood of default increases for
any reason.
Champions Financing, Inc. is a leading provider of vehicle body
repair services with LTM Q1 2025 revenue of approximately $2.8
billion. The company operates under the Crash Champions brand name
and has 649 stores throughout the United States. The company is
majority-owned and controlled by affiliates of Clearlake Capital
Group, a private equity firm.
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.
CHICKEN SOUP: Court Tosses Muszynski Appeal on Retention Order
--------------------------------------------------------------
The Honorable Gregory B. Williams of the United States District
Court for the District of Delaware will dismiss the appeal filed by
pro se appellant Charles Muszynski with respect to the Bankruptcy
Court's Jan. 14, 2025 Order, which:
(i) granted the Trustee's application to retain Culpepper IP,
LLLC, as special counsel to pursue copyright litigation; and
(ii) overruled Appellant's objection to the application.
The appeal of the Retention Order will be dismissed for lack of
appellate standing.
The appeal is styled CHARLES MUSZYNSKI, Appellant, v. GEORGE
MILLER, solely in his capacity as Chapter 7 Trustee, Appellee, Case
No. 25-cv-00052-GBW (D. Del.).
This dispute arises in the Chapter 7 cases of debtor Chicken Soup
for the Soul, Inc. and certain of its affiliates. Appellee George
L. Miller, in his capacity as Chapter 7 Trustee for the Debtors'
estates, seeks to dismiss the appeal.
In his Motion to Dismiss, the Trustee asserts that Appellant lacks
appellate standing to challenge the Retention Order. He further
asserts that the appeal of the Retention Order must be dismissed
because it is an appeal of an interlocutory order, and Appellant
has not sought leave pursuant to Rule 8004(2)(a) of the Federal
Rules of Bankruptcy Procedure. Even assuming that the Court treats
Appellant's Notice of Appeal as a motion for leave to appeal
pursuant to Bankruptcy Rule 8004(d)(1), the Trustee asserts there
is no basis for the Court to grant such leave.
Prior to the Petition Date, the Debtors comprised one of the
largest advertising-supported video-on-demand companies in the
United States, with three flagship streaming services: Redbox,
Crackle, and Chicken Soup for the Soul. Through Debtor Redbox
Automated Retail LLC, the Debtors operated:
(i) Redbox Free Live TV, a free ad-supported streaming
television service with approximately 180 channels,
(ii) a transaction video-on-demand service, and
(iii) a network of approximately 24,000 kiosks across the United
States for DVD rentals.
Also prior to the Petition Date, Debtor Screen Media Ventures, LLC
retained the Culpepper Firm to pursue copyright infringement
litigation against various internet service providers.
Specifically, the Culpeper Firm represented Screen Media, together
with other plaintiffs, in litigation in the United States District
Court for the Southern District of Florida against certain internet
service providers, including Appellant and/or companies owned
directly or indirectly by Appellant 1701 Management LLC d/b/a
LiquidVPN, for alleged copyright infringement.
Screen Media ultimately obtained a judgment against Appellant for
$250,000 in that litigation. Appellant later filed a Chapter 7
bankruptcy in Puerto Rico, seeking to have the Judgment discharged;
Appellant's Chapter 7 case was dismissed, however, and Appellant is
currently appealing that order.
As of the Petition Date, the Culpepper Firm continued to represent
Debtor Screen Media, together with its co-plaintiffs, in litigation
to enforce the Judgment. Among other things, the Culpepper Firm
sought to have the Judgment recognized and enforced in Nevis, where
Appellant resides, leading to additional litigation.
On Dec. 6, 2024, the Trustee filed in the Bankruptcy Court an
application seeking approval of the retention of the Culpepper Firm
as special counsel nunc pro tunc to the Petition Date. Pursuant to
the Retention Application, the Trustee sought authority to retain
the Culpepper Firm pursuant to Sec. 327(e) of the Bankruptcy Code
to:
(i) continue representing Debtor Screen Media in the Judgment
enforcement litigation with compensation based on a percentage of
any recovery made on behalf of the Debtor, and
(ii) represent the estates in any additional copyright
infringement litigation that the Trustee may request that the
Culpepper Firm pursue on behalf of the estates.
On Dec. 26, 2024, Appellant filed the Objection to Trustee's
Engagement of Special Counsel, Request for Disqualification of
Culpepper IP, LLLC Pursuant to 105, 327(e), and 328(a) Request for
Sanctions. The Objection made numerous allegations regarding the
Culpepper Firm and attorney Kerry Culpepper, including alleged
conflicts of interest which, according to Appellant, disqualified
the Culpepper Firm from representing the Debtors' estates. Although
difficult to follow, the Objection alleged that the Culpepper Firm
is funded by PML Process Management Limited, and that PML is a
"third-party litigation funding company" which "profits from
copyright trolling as a business" through "unethical legal
practices." The majority of the Objection alleges omissions and
misrepresentations made by attorney Kerry Culpepper and the
Culpepper Firm in the Southern District of Florida litigation which
gave rise to the Judgment.
Relevant to the Retention Application, however, Appellant's main
contentions were:
(1) that the Culpepper Firm's post-petition representation of
Debtor Screen Media in the litigation to enforce the Judgment
constituted a violation of the automatic stay because the
representation was without Bankruptcy Court authorization; and
(2) that Mr. Culpepper's ownership of 42 Ventures, LLC -- one
of Screen Media's co-plaintiffs in the Southern District of Florida
litigation -- constituted a conflict of interest that disqualifies
the Culpepper Firm from representing the estates.
The Trustee asserted that Appellant's Objection was baseless, and
further argued that Appellant is not a creditor of the Debtors, not
a party in interest in the bankruptcy cases, and therefore lacked
standing to challenge the Trustee's proposed retention of the
Culpepper Firm on behalf of the estates.
The Bankruptcy Court approved the retention of the Culpepper Firm,
finding that there were no conflicts of interest and that the terms
of the retention were appropriate.
According to the District Court, Appellant has failed to show that
he is "directly and adversely affected pecuniarily" by the
Retention Order and therefore lacks appellate standing to pursue
the appeal.
Judge Williams holds, "While Appellant clearly takes issue with the
merits of the underlying Judgment and litigation to enforce the
Judgment, he has failed to show how he is 'directly and adversely
affected pecuniarily' by the Retention Order. Appellant asserts his
'pending claims' against the Debtors' estates, but he points to no
proof of claim he has filed against the Debtors nor does he explain
how retention of special counsel affects those claims."
Judge Williams concludes, "The only apparent harm to Appellant is
that the Culpepper Firm will continue to prosecute the Debtors'
causes of action against Appellant and attempt to recover on the
Judgment for the benefit of the Debtors' estates. But Appellant's
rights and interests are not 'directly and adversely affected
pecuniarily' by the retention of this particular law firm because
any special counsel retained by the Trustee on behalf of the
estates will continue the already filed Judgment enforcement
litigation against Appellant."
A copy of the Court's Memorandum is available at
https://urlcurt.com/u?l=9cvN6e from PacerMonitor.com.
About Chicken Soup
Chicken Soup for the Soul Entertainment Inc. provided premium
content to value-conscious consumers. The Company was one of the
largest advertising-supported video-on-demand (AVOD) companies in
the United States, with three flagship AVOD streaming services:
Redbox, Crackle, and Chicken Soup for the Soul.
Chicken Soup for the Soul Entertainment and about 20 of its
affiliates sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del., Lead Case No. 24-11442) on June
28, 2024.
In the petition signed by Bart M. Schwartz, chief executive
officer, Chicken Soup disclosed total consolidated assets of
$414,075,844 and total consolidated liabilities of $970,002,065.
Ashby & Geddes, P.A., represented the Debtors as general bankruptcy
counsel and Reed Smith LLP serves as counsel too. Solomon Partners
acted as investment banker to the Debtor. Kroll Restructuring
Administration LLC served as claims and noticing agent to the
Debtor.
On July 10, 2024, the Bankruptcy Court entered an Order converting
the cases from chapter 11 to chapter 7 of the Bankruptcy Code
effective as of July 10, 2024. On July 11, 2024, the United States
Trustee for Regions 3 and 9 appointed George L. Miller as the
Chapter 7 trustee of the Debtors' estates.
CINEMAWORLD OF FLORIDA: U.S. Trustee Unable to Appoint Committee
----------------------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of Cinemaworld of Florida, Inc., according to court
dockets.
About Cinemaworld of Florida Inc.
Cinemaworld of Florida, Inc., doing business as The Majestic 11 and
CW Lanes & Games, operates movie theaters and family entertainment
centers.
Cinemaworld of Florida, Inc. filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla.
Case No. 25-17693) on July 3, 2025, listing $10 million to $50
million in both assets and liabilities. The petition was signed by
Richard N. Starr, Sr. as president.
Judge Mindy A Mora presides over the case.
Harley E. Riedel, Esq., at Stichter, Riedel, Blain, & Postler P.A.
represents the Debtor as legal counsel.
CLAIRE'S HOLDINGS: Gets Interim OK to Use Cash Collateral
---------------------------------------------------------
Claire’s Holdings LLC and its affiliates received interim
approval from the U.S. Bankruptcy Court for the District of
Delaware to use cash collateral and provide adequate protection.
The Debtors need to use cash collateral to fund operations and
avoid irreparable harm, including business shutdown and asset
devaluation.
To ensure a smooth transition into Chapter 11, the Debtors
negotiated with their pre-bankruptcy secured lenders for consensual
use of cash collateral rather than obtaining new
debtor-in-possession financing.
The Debtors' pre-bankruptcy capital structure includes
approximately $676.6 million in funded debt, consisting of:
(i) $63.5 million under an asset-based revolving credit
facility provided by JPMorgan Chase Bank, N.A., as administrative
and collateral agent;
(ii) $121.1 million under a secured Priority Term Loan
Facility, with Ankura Trust Company, LLC as agent; and
(iii) $492 million under an Existing Term Loan Facility, also
administered by Ankura.
The ABL Facility is secured by a first-priority lien on inventory,
accounts receivable, and certain related assets, and a
second-priority lien on most other assets, including intellectual
property and equity interests. In contrast, the Term Loan
Facilities are secured by a first-priority lien on the Term Loan
Priority Collateral and a second-priority lien on the ABL Priority
Collateral. These lien priorities are governed by two intercreditor
agreements: the ABL Intercreditor Agreement (Dec. 2019) and the
Priority First Lien Intercreditor Agreement (Sept. 2024).
As of the petition date, the Debtors held approximately $24.1
million in cash, all of which is encumbered and constitutes "Cash
Collateral."
To protect against diminution in value, the pre-bankruptcy secured
parties will receive adequate protection, including replacement
liens on post-petition assets, subject to a carve-out and existing
lien priorities, superpriority administrative expense claims under
11 U.S.C. section 507(b), senior to all other administrative claims
(except the carve-out), and post-petition interest payments.
The final hearing i set for September 9. The deadline for filing
objections is on September 2.
A copy of the order is available at https://is.gd/I78bU4 from
PacerMonitor.com.
About Claire's Holdings
Claire's Holdings LLC is a fully integrated, global fashion brand
powerhouse committed to inspiring self-expression through the
creation and delivery of exclusive, well-curated products and
experiences. Through its global brands, Claire's and Icing, the
company delivers an immersive, omnichannel shopping experience with
owned and concession stores throughout North America and Europe as
well as around the world. On the
Web: http://www.claires.com/
On August 6, 2025, Claire's Holdings LLC and certain of its U.S.
and Gibraltar-based subsidiaries, the operator of Claire's and
ICING stores globally, commenced Chapter 11 proceedings in the
United States Bankruptcy Court in the District of Delaware. The
cases are pending before the Honorable Judge Brendan L. Shannon and
the Debtors have requested joint administration (Bankr. D. Del.
Lead Case No. 25-11454).
In parallel, Claire's Canadian subsidiary commenced a proceeding in
the Ontario Superior Court of Justice (Commercial Division) under
the Companies' Creditors Arrangement Act to monetize the Company's
Canadian assets under the protections offered by the CCAA. KSV
Restructuring Inc. is the monitor in the CCAA case.
Claire's and ICING locations outside of North America are not
included in the Chapter 11 or CCAA proceedings.
Claire's listed $1 billion to $10 billion in assets and
liabilities.
Kirkland & Ellis LLP is serving as legal counsel to Claire's.
Houlihan Lokey is serving as investment banker, and Alvarez &
Marsal is serving as restructuring advisor. Osler, Hoskin &
Harcourt LLP is serving as Canadian legal counsel to Claire's. Omni
Agent Solutions LLC is the claims agent.
Ankura Trust Company, LLC, as Prepetition Priority Term Loan Agent
and Prepetition Existing Term Loan Agent, is represented by:
Joel Moss, Esq.
Amit Trehan. Esq.
Sean Tierney, Esq.
Cahill Gordon & Reindell LLP
Email: JMoss@cahill.com
ATrehan@cahill.com
STierney@cahill.com
JPMorgan Chase Bank, N.A., as Prepetition ABL Agent, is represented
by:
Elisha D. Graff, Esq.
Zachary J. Weiner, Esq.
Sean Lee, Esq.
Simpson Thacher & Bartlett LLP
Email: egraff@stblaw.com
zachary.weiner@stblaw.com
sean.lee@stblaw.com
-and-
L. Katherine Good, Esq.
Jeremy Ryan, Esq.
Potter Anderson & Corroon LLP
Email: lkgood@potteranderson.com
jryan@potteranderson.com)
CLAIRE'S STORES: Files 2nd Chapter 11 Bankruptcy
------------------------------------------------
Georgia Hall and Harry Suhartono of Bloomberg News report that U.S.
retailer Claire's has filed for Chapter 11 bankruptcy for the
second time in seven years, following months of uncertainty sparked
by former President Donald Trump's tariff proposals and their
potential impact on the company's global supply chain.
In a court filing Wednesday, August 6, 2025, Claire's said it plans
to close roughly half of its U.S. stores and warned that it may
shutter all physical locations if a buyer for its operations cannot
be found.
About Claire's Stores
Claire's Stores, Inc. -- http://www.clairestores.com/-- is a
specialty retailer of jewelry, accessories, and beauty products for
young women, teens, "tweens," and kids. Through the Claire's brand,
the Claire's Group has a presence in 45 nations worldwide, through
a total combination of over 7,500 Company-owned stores, concessions
locations, and franchised stores. Headquartered in Hoffman Estates,
Illinois, the Company began as a wig retailer by the name of
"Fashion Tress Industries" founded by Rowland Schaefer
in 1961. In 1973, Fashion Tress Industries acquired the
Chicago-based Claire's Boutiques, a 25-store jewelry chain that
catered to women and teenage girls. Following that acquisition,
Fashion Tress Industries changed its name to "Claire's Stores,
Inc." and shifted its focus to a full line of fashion jewelry and
accessories.
In 2007, the Company was taken private and acquired by investment
funds affiliated with, and co-investment vehicles managed by,
Apollo Management VI, L.P. Claire's Group employs approximately
17,000 people globally. Claire's Stores, Inc., and 7 affiliates
sought Chapter 11 protection (Bankr. D. Del. Case No. 18-10584) on
March 19, 2018, after reaching terms of a balance sheet
restructuring with their first lien lenders and sponsor Apollo
Global Management, LLC.
As of Oct. 28, 2017, Claire's Stores reported $1.98 billion in
total assets against $2.53 billion in total liabilities.
The Hon. Brendan Linehan Shannon is the case judge.
The Debtors tapped Weil, Gotshal & Manges LLP as their bankruptcy
counsel; Richards, Layton & Finger, P.A. as local counsel; FTI
Consulting as restructuring advisor; Lazard Freres & Co. LLC as
investment banker; Hilco Real Estate, LLC as real estate advisor;
and Prime Clerk as claims agent and administrative advisor.
Andrew R. Vara, Acting U.S. Trustee for Region 3, appointed seven
creditors to serve on an official committee of unsecured creditors.
The Committee retained
Cooley LLP, as counsel, and Bayard, P.A., as co-counsel.
2nd Chapter 11 Attempt
Claire' Stores sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. 25-11462) on August 6, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 billion and $10 billion each.
The Debtor is represented by Zachary I. Shapiro, Esq. at Richards,
Layton & Finger, P.A.
CLEAN ENERGY: Issues $151.8K Note to 1800 Diagonal for $132K
------------------------------------------------------------
Clean Energy Technologies, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that the
Company entered into a Securities Purchase Agreement with 1800
Diagonal Lending LLC, a Virginia limited liability company,
pursuant to which the Company sold, and 1800 Diagonal purchased, a
convertible promissory note in the principal amount of $151,800 for
a purchase price of $132,000.
The Transaction was funded by 1800 Diagonal and closed on July 31,
2025, and pursuant to the SPA, 1800 Diagonal's legal expenses of
$2,500 were paid from the gross purchase price, $4,500 was retained
by 1800 Diagonal as a due diligence fee, the Company received net
funding of $125,000, and the Note was issued to 1800 Diagonal.
The SPA includes customary representations, warranties and
covenants by the Company and customary closing conditions. The SPA
requires that the proceeds from the Transaction be used for general
working capital purposes. The Note matures on May 30, 2026, accrues
a one-time interest charge of 10% on the issuance date, shall be
paid in 10 monthly payments in the amount of $17,153.40 beginning
on August 30, 2025, and continuing on the 15th of each month
thereafter, and is convertible following default into shares of the
Company's common stock at the election of the holder at a
conversion price equal to 85% of the lowest closing bid price
during the trading day prior to the conversion date; provided,
however, that the holder may not convert the Note:
(i) to the extent that such conversion would result in the
holder's beneficial ownership of the Company's common stock being
in excess of 4.99% of the Company's issued and outstanding common
stock, or
(ii) when the shareholder approval required by Nasdaq Rule
5635(d) has not been obtained and conversion would result in more
than 19.99% of the shares of Company common stock being issued
after any required aggregation per Rule 5635(d).
Additionally, the holder of the Note is entitled to deduct $1,500
from the conversion amount in each note conversion to cover the
holder's fees associated with the conversion.
The foregoing descriptions of the SPA and Note do not purport to be
complete and are qualified in their entirety by reference to the
full text of those agreements, copies of which are filed as
Exhibits 10.1 and 10.2, respectively, to the Current Report on Form
8-K available at https://tinyurl.com/4vatetne
About Clean Energy
Headquartered in Irvine, California, Clean Energy Technologies,
Inc. -- http://www.cetyinc.com-- develops renewable energy
products and solutions and establishes partnerships in renewable
energy that make environmental and economic sense. The Company's
mission is to be a segment leader in the Zero Emission Revolution
by offering eco-friendly energy solutions, clean energy fuels, and
alternative electric power for small and mid-sized projects in
North America, Europe, and Asia. The Company targets sustainable
energy solutions that are profitable for it, profitable for its
customers, and represent the future of global energy production.
Diamond Bar, California-based TAAD, LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated April 14, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended December 31, 2024, citing that the
Company has an accumulated deficit and negative cash flows from
operations. These factors, among others, raise substantial doubt
about the Company's ability to continue as a going concern.
As of December 31, 2024, the Company had $9,505,480 in total
assets, $6,566,978 in total liabilities, and total stockholders'
equity of $2,938,502.
CLOUD SOFTWARE: S&P Assigns 'B' Rating on Secured First-Lien Loans
------------------------------------------------------------------
S&P Global Ratings assigned its 'B' issue-level rating to Cloud
Software Group Holdings Inc.'s (Cloud Software) proposed senior
secured first-lien loans due 2032 and bonds due 2033 and repriced
first-lien term loan due 2031, issued by subsidiary Cloud Software
Group Inc. The first-lien recovery rating is '3' (recovery
expectation: 50%-70%). The new loan and bond proceeds will
refinance the existing first-lien term loan B due 2029. The
transaction will be largely leverage neutral and may provide modest
interest expense savings, but the extended debt maturities are a
credit positive. All our ratings on Cloud Software, including our
'B' issuer credit rating, are unchanged.
Cloud Software has stronger credit metrics relative to comparable
'B'-rated peers. Its debt to EBITDA was about 5.4x and free cash
flow to debt was approximately 5.1% as of May 31, 2025. This
provides some capacity at the current rating level to pursue its
capital allocation goals including strategic acquisitions. The
company also has meaningful excess cash balances and short-term
investments totaling $2.6 billion that S&P doesn't net from S&P
Global Ratings-adjusted debt. On Aug. 5, 2025, the company
announced that it has entered into a definitive agreement to
acquire Arctera Holdings Ltd. It expects to fund the transaction
with existing balance sheet cash.
S&P said, "While current credit metrics may meet our upside
thresholds, we believe management's focus on mergers and
acquisitions and its financial-sponsor ownership structure will
prevent sustained deleveraging. We note Cloud Software's upfront
recognition of revenue from large total contracts and subscription
conversions have contributed to greater revenue and EBITDA
variability. We expect the convergence of reported revenue and
annual recurring revenue (ARR) over the next one to two years will
cause its S&P Global Ratings-adjusted debt to EBITDA to rise from
current levels but for credit metrics to be consistent with our
expectations for the 'B' rating level."
CONFLUENCE CORP: U.S. Trustee Appoints Creditors' Committee
-----------------------------------------------------------
The U.S. Trustee for Region 15 appointed an official committee to
represent unsecured creditors in the Chapter 11 case of Confluence
Corporation.
The committee members are:
1. Marisco Ltd.
Vinen Singh
Email: VSignh@marisco.net
2. Logan Industries
Kim LaFon
Email: kim.lafon@loganindustries.net
3. Precision Marine Power Inc.
George T. Reynolds
Email: george@pm-pi.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 Confluence Corporation
Confluence Corporation, doing business as Regal Service Company,
sought protection under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Hawaii Case No. 25-00623) on July 17, 2025, listing
between $1 million and $10 million in both assets and liabilities.
Christopher W. Caliedo, president of Confluence, signed the
petition.
Judge Robert J. Farris oversees the case.
Chuck C. Choi, Esq., at Choi & Ito, represents the Debtor as legal
counsel.
CONSOLIDATED APPAREL: Gets Extension to Access Cash Collateral
--------------------------------------------------------------
Consolidated Apparel, Inc. received another extension from the U.S.
Bankruptcy Court for the Southern District of Florida to use cash
collateral.
The third interim order signed by Judge Mindy Mora authorized the
Debtor to use cash collateral to pay the amounts expressly
authorized by the court, including payments to the U.S. trustee for
quarterly fees; the expenses set forth in the budget, plus an
amount not to exceed 10% for each line item; and additional amounts
subject to approval by lenders. This authorization will continue
until further order of the court.
The budget shows total operational expenses of $61,115.00 for
August and $61,115.00 for September.
Lenders including Wells Fargo Bank, CHTD Company, and Credibly of
Arizona, LLC were granted perfected post-petition liens on the cash
collateral, with the same validity, priority and extent as their
pre-bankruptcy liens.
The replacement liens are junior to the fees of the Office of the
U.S. Trustee, court costs, and the fees and expenses awarded by the
court to estate professionals.
As additional protection, the Debtor was ordered to keep its
property insured in accordance with its loan agreements with the
secured creditors.
The next hearing is scheduled for September 30.
About Consolidated Apparel Inc.
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 reported
estimated assets between $100,000 and $500,000 and estimated
liabilities between $500,000 and $1 million.
Honorable Bankruptcy Judge Mindy A. Mora handles the case.
The Debtor is represented by Craig I. Kelley, Esq.
CRANE ENTERPRISES: Wins Summary Judgment Bid in Crane, et al. Case
------------------------------------------------------------------
The Honorable David S. Jones of the United States Bankruptcy Court
for the Southern District of New York granted Crane Enterprises,
LLC's motion for for summary judgment in the adversary proceeding
captioned as CRANE ENTERPRISES, LLC, Plaintiff, v. MICHAEL E.
CRANE, DANIEL M. CRANE, JOHN DOE AND JANE DOE (Fictitious Persons),
Defendants, Adv. Pro. No. 25-01040 (Bankr. S.D.N.Y.).
Plaintiff filed a voluntary petition for relief under Chapter 11 of
the Bankruptcy Code on March 4, 2025.
The Debtor is organized as a limited liability company and holds a
single asset: 99 shares in a cooperative residential corporation.
In connection with the issuance of these shares, the Debtor entered
into a proprietary lease granting Debtor the right to possess the
two-bedroom cooperative located at 360 Shore Road, Apt 8L, Long
Beach, NY 11561.
Defendants possess or reside in the Property.
In November 2022, the Debtor commenced an eviction action against
Michael E. Crane in the Civil Part of the Nassau County District
Court of the State of New York to remove him from the Property. In
the Eviction Action, Michael E. Crane produced what he alleges to
be a lifetime lease on the Property for the stated rent of $1.00
per year.
Plaintiff obtained a pre-petition Judgment of Possession and
Warrant of Eviction in Nassau County District Court, albeit in a
proceeding in which Michael E. Crane, but not Daniel M. Crane, was
a respondent.
The day after filing the Petition, Plaintiff commenced the
adversary proceeding by filing the Complaint, in which Plaintiff
asserts one count pursuant to Sec. 542 of the Bankruptcy Code for
an order directing Defendants Michael E. Crane and Daniel M. Crane
to turn over possession of the Property to the Debtor.
On April 22, 2025, Defendants filed an Answer that asserts five
affirmative defenses:
1) Plaintiff has failed to state a claim upon which relief could
be granted;
2) Defendants hold a lifetime lease for the Property and are
entitled to remain in possession;
3) Plaintiff lacks standing to bring this action because
Plaintiff is not a creditor of the Defendants;
4) a statute of limitations defense; and
5) the underlying claims are barred by res judicata because the
claims must be pursued in New York State Court as opposed to the
bankruptcy court.
On May 22, 2025, Plaintiff filed the Motion for summary judgment,
arguing that there is no genuine dispute of material fact and that
Plaintiff is entitled to turnover of the Property as a matter of
law. In the Motion, Plaintiff argues that Defendants hold no valid
possessory interest, res judicata prevents Defendants from
relitigating the validity of the Alleged Lease which was
necessarily determined through the Eviction Action, and none of
Defendants' affirmative defenses prevent Plaintiff's recovery.
In their objection to the Motion, Defendants argue that Daniel M.
Crane was never served with the eviction documents relating to the
Eviction Action and the Judgment cannot be enforced against him.
Defendants also averred (incorrectly) that the Eviction Action has
not been concluded because the Judgment was never entered, which
Defendants claim prevents Michael E. Crane from appealing the
Judgment or seeking a stay pending appeal. Defendants further
contend that this litigation should not be heard as an adversary
proceeding in bankruptcy court because the matter is already in
state court and the state court is the appropriate forum to handle
this dispute.
Plaintiff argues that co-tenants who are asserting identical legal
positions are in privity for purposes of applying res judicata such
that Daniel M. Crane is bound by the Judgment and is prevented from
relitigating the issue of the validity of the Alleged Lease.
Plaintiff additionally argues that the Alleged Lease is void under
New York law because when a lease's term exceeds 3 years, the lease
or a memorandum thereof must either be filed with the clerk in the
requisite county to be binding upon a bona fide purchaser -- a
position the Debtor can assert in bankruptcy.
Plaintiff claims entitlement as a matter of law to turnover
pursuant to Section 542(a) of the Bankruptcy Code, contending that
there is no genuine dispute of material fact that the Property is
property of the Debtor's estate, the Defendants are in possession
of the Property, and the Property is one which may be sold or
leased for the benefit of the estate. The Court agrees.
While Defendants' Answer denies Debtor's averment in the Complaint
that the Property is property of Debtor's bankruptcy estate, the
Judgment establishes that Debtor owns the Property.
The Court concludes that there are no genuine disputes of material
fact regarding the elements of turnover and Plaintiff has
demonstrated that it is entitled to turnover of the Property in the
absence of a valid possessory interest or other defense asserted by
Defendants.
Plaintiff argues that the Judgment precludes any genuine factual
dispute regarding the validity of the Alleged Lease pursuant to
principles of res judicata, whereas Defendants contend that the
Judgment is not the end of the eviction proceeding and that the
Judgment is not enforceable as to Daniel M. Crane.
The Court concludes that Plaintiff demonstrated that the Judgment
collaterally estops both Michael E. Crane (as a party to the prior
state court proceeding in which the Judgment was entered against
him) and Daniel M. Crane (as an asserted co-tenant and party in
privity to Michael E. Crane) from relitigating the issue of the
validity of the Alleged Lease.
In determining whether collateral estoppel applies to both
Defendants, the final question is whether Daniel M. Crane, who was
not named in the Eviction Action, nevertheless was in sufficient
privity to Michael E. Crane as to be bound by the state court's
judgment and the resulting warrant of eviction and judgment of
possession. The Court finds undisputed facts establish that he was.
The Alleged Lease explicitly lists Daniel and Michael Crane as
co-tenants, and the two Cranes were identically situated and
possessed identical rights under the Alleged Lease, which the
District Court concluded was invalid. Thus, in the Eviction Action
where Michael E. Crane fully and fairly litigated the issue as to
validity of the Alleged Lease, Daniel M. Crane's interests were
represented because he and Michael E. Crane share a mutuality of
interest in the Alleged Lease being deemed valid such that Daniel
M. Crane essentially had a vicarious day in court in the Eviction
Action.
Thus, the principle of collateral estoppel prevents each Defendant
from relitigating the validity of the Alleged Lease in this case.
And, because the Defendants have not presented evidence giving rise
to a genuine issue of material fact as to any other relevant issue,
Plaintiffs are entitled to summary judgment awarding them turnover
and possession of the Property pursuant to Section 542(a) of the
Bankruptcy Code, the Court concludes.
A copy of the Court's decision dated July 29, 2025, is available at
https://urlcurt.com/u?l=XsbDBe from PacerMonitor.com.
About Crane Enterprises LLC
Crane Enterprises LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No.
25-10405) on March 4, 2025, listing $500,001 to $1 million in
assets and $100,001 to $500,000 in liabilities.
Judge David S Jones handles the case.
Brett Silverman, Esq., at Silverman Law PLLC represents the Debtor
as counsel.
CS-ORED LLC: Case Summary & One Unsecured Creditor
--------------------------------------------------
Debtor: CS-ORED, LLC
14125 Capri Drive, Suite 5
Los Gatos, CA 95032
Business Description: CS-ORED, LLC is a real estate holding
company based in Oakdale, California, that
owns a portfolio of eight residential
properties located on Tiffani Court, Tiffani
Way, Robin Court, and Old Stockton Road.
The properties are in varying stages of
construction, with some completed and others
still under development. As of July 17,
2025, the portfolio had a completed
appraised value of $5.41 million.
Chapter 11 Petition Date: August 6, 2025
Court: United States Bankruptcy Court
Northern District of California
Case No.: 25-51204
Judge: Hon. M Elaine Hammond
Debtor's Counsel: Lars Fuller, Esq.
THE FULLER LAW FIRM PC
60 N Keeble Avenue
San Jose, CA 95126
E-mail: lars@fullerlawfirm.net
Total Assets: $5,410,000
Total Liabilities: $3,832,140
The petition was signed by Elizabeth Brownfield as managing
member.
The Debtor identified Oakdale Real Estate Development, LLC, located
at 14125 Capri Dr., Suite 5, Los Gatos, California, as its only
unsecured creditor, with a claim totaling $893,813.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/SKPOFVY/CS-ORED_LLC__canbke-25-51204__0001.0.pdf?mcid=tGE4TAMA
CYTOPHIL INC: Seeks to Extend Plan Exclusivity to August 26
-----------------------------------------------------------
Cytophil Inc. asked the U.S. Bankruptcy Court for the Eastern
District of Wisconsin to extend its exclusivity periods to file a
plan of reorganization and obtain acceptance thereof to August 26
and October 26, 2025, respectively.
The Debtor explains that the requested the extension to allow
additional time to obtain better data regarding its operations to
provide adequate information and for creditors, the U.S. Trustee,
and interested parties to evaluate a plan. It also served to
provide the Debtor with additional time to resolve potential claim
objections.
The Debtor claims that it has negotiated a resolution to a
potential objection with First Citizens State Bank over the value
of its secured claim that will be incorporated into the plan;
however, the Debtor was unable to reach a resolution with two other
creditors. The Debtor has since filed objections to the claims of
Malkan Solutions, LLC and Advasaf, LLC.
The Debtor believes it is more cost effective to extend the
exclusive period an additional 21 days than to file a plan with
soft numbers only to subsequently amend it with once reviewed.
The Debtor asserts that it has made progress towards confirmation,
operating successfully in reorganization and reaching agreement on
cash collateral. Communications are open key parties in the case,
the two largest creditors, HPA and Jansson Munger (Factors 3 and
4). The extension will improve the ability of the Debtor to provide
adequate information and propose a feasible plan (Factor 2).
The Debtor further asserts that it has responsibly managed the
company by paying bills as they come due and performing profitably.
(Factor 5.) Additional time to finalize the projections and review
them the Debtor's account will be beneficial to the entire estate.
The previous extension was approximately 60 days, the second
extension is less than 30. Combined the extensions are relatively
short and well below the limits (Factor 6).
Cytophil Inc. is represented by:
Evan P. Schmit, Esq.
Kerkman & Dunn
839 N. Jefferson St., Ste. 400
Milwaukee, WI 53202-3744
Tel: (414) 277-8200
Email: eschmit@kerkmandunn.com
About Cytophil Inc.
Cytophil Inc., doing business as RegenScientific, operates in the
field of manufacturing medical devices.
Cytophil sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. E.D. Wisc. Case No. 25-20576) on February 4, 2025. In its
petition, the Debtor reported total assets of $1,131,109 and total
liabilities of $3,520,398 as of September 30, 2024.
Judge G. Michael Halfenger handles the case.
The Debtor is represented by Evan P. Schmit, Esq. at Kerkman &
Dunn.
D&B RENTALS: Seeks to Tap Expert Accounting Services as Accountant
------------------------------------------------------------------
D&B Rentals, Inc. seeks approval from the U.S. Bankruptcy Court for
the Northern District of Georgia to hire Expert Accounting
Services, LLC as accountant.
The services to be provided by EAS include:
(a) preparing and filing its tax returns, which includes
year-end review of business financials, preparation of all required
forms and schedules, filing of federal and applicable state
returns, tax planning recommendations for future years, and
unlimited questions and answers regarding the tax filing; and
(b) auditing Debtor's sales and use tax history, speaking with
the Georgia Department of Revenue regarding sales and use tax that
may be due, and filing the required documents with the Georgia
Department of Revenue.
EAS shall charge a flat fee of $1,750 to prepare and file Debtor's
2024 federal and state tax returns and a flat fee of $2,500 for
services related to Debtor's sales and use tax.
As disclosed in the court filings, EAS is disinterested under 11
U.S.C. Sec. 101(14), with regard to the matters upon which it is to
be engaged.
The firm can be reached through:
Glen L. Graves
Expert Accounting Services, LLC
1070 N. Hills Drive
Decatur, GA 30033
Phone: (404) 719-0330
About D&B Rentals Inc.
D&B Rentals, Inc., doing business as Atlanta Tent Rental, is a
family owned and operated business serving Georgia and the
Southeast for over 25 years, specializing in providing tents,
tables, chairs, staging, flooring, linens, and lighting and event
services for various occasions, including weddings, corporate
events, festivals, sporting events, inventory sales, and nonprofit
gatherings.
D&B Rentals sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-20449) on April 1,
2025, with $1 million to $10 million in both assets and
liabilities. Ira Inman, chief executive officer, signed the
petition.
Judge James R. Sacca oversees the case.
William Rountree, Esq., at Rountree, Leitman, Klein & Geer, LLC, is
the Debtor's legal counsel.
DALLAS PARTY: Seeks to Hire Hayward PLLC as Bankruptcy Counsel
--------------------------------------------------------------
Dallas Party Bike LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Texas to hire Hayward PLLC as general
bankruptcy counsel.
The firm will assist the Debtor in preparing to file its voluntary
bankruptcy petition.
Hayward PLLC received a $22,000 retainer from Pedal Powered Austin
LLC.
The current hourly rates are:
Melissa Hayward $500
Associates and Attorneys $275 to $500
Paralegal $215
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Melissa Hayward, Esq., a partner at Hayward 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:
Melissa Hayward, Esq.
Hayward PLLC
10501 North Central Expy., Suite 106
Dallas, TX 75231
Tel: (972) 755-7100
Email: MHayward@HaywardFirm.com
About Dallas Party Bike LLC
Dallas Party Bike LLC, likely operating pedal-powered tour vehicles
for entertainment and transportation services in Dallas, Texas.
Dallas Party Bike LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-32509) on July 2,
2025. In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
The Debtors are represented by Melissa S. Hayward, Esq. at Hayward
PLLC.
DANIEL TRUCKING: Hires David Freydin PC as Bankruptcy Counsel
-------------------------------------------------------------
Daniel Trucking International Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to hire the
LawOffices of David Freydin PC as counsel.
The firm will render these services:
(a) negotiate with creditors;
(b) prepare a plan and financial statements; and
(c) examine and resolve claims filed against the estate.
The firm's counsel will be paid at these hourly rates:
David Freydin, Attorney $450
Jan Micahel Hulstedt, Attorney $425
Derek Loflad, Attorney $425
Jeremy Nevel, Attorney $425
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a prepetition retainer of $15,000 from the
Debtor.
Mr. Freydin disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
David Freydin, Esq.
Law Offices of David Freydin PC
Skokie Blvd., Suite 312
Skokie, IL 60077
Telephone: (847) 972-6157
Facsimile: (866) 897-7577
Email: david.freydin@freydinlaw.com
About Daniel Trucking International Inc.
Daniel Trucking International Inc. is a Wheeling, Illinois-based
transportation company.
Daniel Trucking International Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-10329) on
July 7, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Deborah L. Thorne handles the case.
The Debtors are represented by David Freydin, Esq. at Law Offices
of David Freydin Ltd.
DASHFIRE LLC: To Sell Beverage Equipment to Multiple Buyers
-----------------------------------------------------------
Dashfire Holdings, Inc. and its affiliates Dashfire, LLC, and
Dashfire Bitters, LLC, seek approval from the U.S. Bankruptcy Court
for the District of Minnesota, to sell substantially all Assets,
free and clear of liens, claims, and encumbrances.
The only person with a security interest, claim, or lien in the
property of the Debtors is Live Oak Banking Company based on loans
to Dashfire LLC and Dashfire Bitters LLC and security agreements
executed by each of the three Debtors.
Live Oak has reviewed these sales. Upon information and belief,
Live Oakbconsents to the sales.
Although the U.S. Small Business Administration has a valid and
perfected security interest in the assets of Dashfire Holdings,
Inc., Holdings owns no assets other than membership interests in
the other two Debtors.
Before the Petition Date, the Debtors commissioned a new appraisal
of the FF&E that lists the Fair Market Value, the Orderly
Liquidation Value, and the Forced Liquidation Value of the
equipment. The Appraisal found a forced liquidation value for all
Furniture, Fixtures, and Equipment of $109,470.00.
Each of the proposed sales is an arms length transaction with a
third party for a price that exceeds the orderly liquidation value
under the appraisal. Each proposed sale is subject to higher and
better offers.
-- Equipment Purchase Proposal 1: Big Watt Coffee
Big Watt Coffee proposes to purchase several pieces of equipment as
enumerated on Exhibit A to the Big Watts Asset Purchase Agreement
for $50,065.00.
Neither Big Watts nor any of the officers or directors of Big Watts
are insiders of the Debtor.
-- Equipment Purchase Proposal 2: Chucker Spirits, LLC
Chucker Spirits LLC, a Minnesota limited liability company,
proposes to purchase an XTIME 6-head Filler and XTIME Can Seamer
113-40 CPM for $7,000.00.
Chucker agrees to make payment in full within three business days
of the entry of an order approving the sale. Chucker will also pay
all costs of removal and transportation of the equipment.
The sale will be "AS-IS, WHERE-IS" without any warranties.
-- IP and Inventory Purchase Proposal 3: Chucker Spirits, LLC
Chucker separately proposes to purchase (i) the brand names, trade
dress, goodwill, and all intellectually property associated with
Dashfire and Dashifire Bitters; (2) all related intellectual
property, including, but not limited to trademarks, trade names,
copyrights, domain names, recipes, formulations, logos, packaging
designs, websites, digital assets, and customer and vendor lists;
and (3) all current and usable inventory of finished goods,
packaging materials, and raw materials associated with the above
brands, as determined at the time of Closing.
Chucker has agreed to pay $40,000.00 for all current and usable
inventory (subject to adjustment based on changes in inventory) and
$5,000.00 for the intellectual property.
Chucker makes its offer after a thorough review of the business,
numbers, and sale history of Dashfire. Chucker bases its offer on
the inventory levels, the time required to sell the inventory, and
the age of certain items.
In addition, Chucker took into consideration changes in consumer
tastes and demand that make this an inopportune time to enter the
spirits markets. Chucker believes that a significant portion of the
inventory has no value in the current market, but agrees to take
all the inventory to close this transaction.
Finally, Chucker took into consideration the timing. As the end of
the year approaches, distributors and retailers reduce their
overall inventory. This reduces the value of the inventory.
-- Equipment Purchase Proposal 4: Blue Sky Miners
Blue Sky Miners, Inc., a Minnesota corporation, proposes to buy
Crown 2: Crown Cap Elevator Sensors, 18-6-6 Head Rinser, Filler,
Capper 30 BPM for $8,000.00.
Blue Sky Miners agrees to make payment in full within three
business days of the entry of an order approving the sale. Blue Sky
Miners will also pay all costs of removal and transportation of
the
equipment.
The sale will be "AS-IS, WHERE-IS" without any warranties.
-- Equipment Purchase Proposal 5: Tattersall Distilling Company
Tattersall Distilling Company, proposes to buy a 8000L blending
tank and associated equipment/parts including the blending motor
and scale for $8,000.00.
Tattersall agrees to make payment in full within three business
days of the entry of an order approving the sale.
Tattersall will pay all costs of removal and transportation of the
equipment.
The sale will be "AS-IS, WHERE-IS" without any warranties.
-- Bar Furniture Purchase Proposal 6: Ruby Leg Ventures
Ruby Leg Ventures proposes to purchase several items of bar
furniture as enumerated on Exhibit A to the Ruby Leg Assets
Purchase Agreement for $4,500.00.
After the six purchase proposals described above, the Debtor will
still has miscellaneous assets left, including: (1) racking; (2) a
large tank; (3) office furniture; and (4) other property.
The Debtor has asked Frank Aiello and Werner Auction Group, Inc.,
d/b/a Bid2-Buy, to auction the remaining items because they
appraised the assets immediately before the Petition Date and are
already familiar
with the assets.
The terms of compensation are as follows: (a) $1,000 marketing fee;
(b) $27.50 per hour per person for labor; (c) up to $1,000.00 to
repair the reverse function on a forklift; (d) 15% of the gross
sale price of each item; (e) buyer's premium. The marketing and
labor costs would normally come from the 15% commission, but need
to be billed separately because this is a small auction.
The Debtors have previously shared these asset purchase agreements
and offers with Live Oak and Live Oak is believed to have consented
to these sales.
About Dashfire Holdings, Inc.
Dashfire, LLC, filed a Chapter 11 petition (Bankr. D. Minn. Case
No. 25-41264) on April 22, 2025, listing up to $500,000 in assets
and up to $1 million in liabilities. Lee Egbert, president of
Dashfire, signed the petition.
Judge Katherine A. Constantine oversees the case.
Karl Johnson, Esq., at MJB Law Firm PLLC, is the Debtor's
bankruptcy counsel.
DEEJAYZOO LLC: Seeks to Extend Plan Exclusivity to March 24, 2026
-----------------------------------------------------------------
Deejayzoo LLC d/b/a Shhhowercap asked the U.S. Bankruptcy Court for
the Eastern District of New York to extend its exclusivity periods
to file a plan of reorganization and obtain acceptance thereof to
March 24, 2026 and May 25, 2026, respectively.
This is the Debtor's first request for an extension of the
exclusivity periods. It is self-evident that the Debtor is not
seeking these exensions to artificially delay the conclusion of
this chapter 11 case or to hold creditors hostage to an
unsatisfactory plan proposal.
Simply put, at this juncture, the Debtor simply neds time to
reorganize its business operations, to reach an agreement with
Creditors, to obtain Court approval for the settlement terms and to
file a feasible plan of reorganization and disclosure statement,
offering treatment to all creditors of the estate.
The Debtor explains that an extension of the exclusive periods will
give the company a reasonable opportunit to negotiate and obtain
confirmation of a consensual plan with its creditors. Further, it
needs therequested period in order for all parties to file their
respective claims within the deadlines to be established by the
Court and for the Debtor to review said claims once filed.
The Debtor claims that the requested extensions of the exclusivity
period to file a plan and disclosure statement will not harm any
economic stakeholder. Rather, the time will be used to negotiate a
resolution of claims filed in this case, in order to propose
feasible plan and disclosure statement.
Deejayzoo LLC is represented by:
Alla Kachan, Esq.
Law Offices of Alla Kachan, P.C.
2799 Coney Island Avenue, Suite 202
Brooklyn, NY 11235
Telephone: (718) 513-3145
About Deejayzoo LLC
Deejayzoo LLC develops and markets SHHHOWERCAP, a reusable and
innovative shower cap designed to replace disposable alternatives.
The product is waterproof, humidity-defying, antibacterial, fits
all hair types, and machine washable. The Company operates from its
headquarters in Brooklyn, New York, and is led by founder Jacquelyn
De Jesu.
Deejayzoo LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D.N.Y. Case No. 25-42617) on May 28, 2025. In its
petition signed by Jacquelyn De Jesu, president, the Debtor
disclosed total assets of $12,166 and total liabilities of
$2,846,653.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtor is represented by Alla Kachan, Esq., at the Law Offices
of Alla Kachan, P.C.
DESKTOP METAL: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------
Desktop Metal, Inc. and affiliates got the green light from the
U.S. Bankruptcy Court for the Southern District of Texas, Houston
Division, to use cash collateral.
The court authorized the Debtors' interim use of cash collateral to
pay its expenses from August 4 through the earliest of (i) entry of
a final cash collateral order; (ii) August 15 unless the Debtors
have obtained court approval of binding purchase agreements to
acquire the Debtors' assets in an amount sufficient to satisfy or
reserve for the payment of the outstanding obligations under the
First Lien AHG Secured Note; (iii) the effective date of a
confirmed plan of reorganization; (iv) the closing of a sale or
sales of substantially all assets of the Debtors; and (v) the date
of a breach by the Debtors under the interim order.
As adequate protection to the pre-bankruptcy secured parties
including the AHG lenders, Nano Dimension USA, Inc., and Wilmington
Savings Fund Society, FSB, and Quinn Emanuel Urquhart & Sullivan,
LLP, the Debtors' former legal counsel asserting a $29.2 million
pre-bankruptcy claim against Desktop Metal, the Debtors offered to
maintain the existing priority of claims among these parties, and
offer multiple layers of adequate protection.
First, the Debtors will provide a replacement lien, which grants a
continuing lien on the same categories of collateral already held
as of the petition date, preserving the same validity and priority.
Second, they will provide an adequate protection lien, which
secures any decline in the value of the creditors' collateral by
granting liens on additional assets of the Debtors'
estates—subject to existing, valid, senior liens. However, these
liens will not extend to claims under 11 U.S.C. sections 542–553,
unless and until a final order is entered. Third, to further
compensate for any diminution in value, the Debtors offer granting
each protected party an administrative claim under 11 U.S.C.
sections 503(b) and 507(b).
The Debtors have also committed to using a portion of the proceeds
from the asset sale authorized in their Emergency Sale Motion to
pay down their obligations under the First Lien AHG Secured Note.
Specifically, $1.5 million from the initial sale closing and $4
million from a subsequent closing will be applied to reduce the
principal balance. These payments must be made no later than two
business days following each closing. Any remaining proceeds from
the sale may be used to fund the estate's operations in accordance
with an approved budget.
Further, any additional sale proceeds realized during the term of
the interim order will be used to (a) pay down up to $8.1 million
in remaining obligations under the First Lien AHG Secured Note
(including all fees, interest, and expenses, except success fees),
(b) reserve $600,000 to cover specific success fees owed to the AHG
Lenders, and (c) reserve any additional proceeds—after the note
has been repaid—pending further order of the court.
A final hearing is set for August 20. Objections are due by August
13.
The Debtors said the immediate access to cash collateral will allow
them to fund ongoing business operations while offering protections
to pre-bankruptcy secured creditors whose collateral could be
affected by the use of such funds.
The Debtors' financial troubles stem from a capital structure
comprising approximately $137 million in funded debt as of the
petition date. This includes:
(1) a $10 million First Lien AHG Secured Note issued in June 2025
to members of an ad hoc noteholder group, secured by first-priority
liens on substantially all assets and accruing interest at SOFR +
10%, payable in kind;
(2) a $12 million Nano Secured Note from April 2025, issued to Nano
Dimension USA, Inc.—the Debtors’ sole equity holder and
subsidiary of Nano Dimension Ltd.—secured by second-priority
liens and accruing 8% PIK interest; and
(3) a $31 million Third Lien AHG Secured Roll-Up Note, which
represents a conversion of $30 million in previously unsecured
convertible notes held by AHG Lenders, plus accrued interest, also
accruing at SOFR + 10% and secured by third-priority liens.
Notably, these secured loans were entered into just weeks before
the bankruptcy filing, suggesting urgent efforts by the Debtors to
shore up liquidity through distressed financing.
In addition to secured debt, the Debtors also have outstanding
unsecured Convertible Senior Notes totaling approximately $85
million in principal. These notes, issued in 2022 and maturing in
2027 with 6% semiannual interest, are obligations of Desktop Metal
alone and not guaranteed by its affiliates. The AHG Lenders hold a
significant portion of these notes, and a portion of them were
converted into the Third Lien secured facility as part of
prepetition negotiations.
The Debtors also face a substantial prepetition claim from Quinn
Emanuel Urquhart & Sullivan, LLP, their former legal counsel, which
claims $29.2 million in unpaid fees. Prior to the bankruptcy, Quinn
Emanuel secured an attachment order against certain assets of
Desktop Metal. Although the claim is listed as contingent,
unliquidated, and disputed, the law firm is being treated as a
party with an asserted interest in the Debtors’ assets.
About Desktop Metal Inc.
Desktop Metal designs and markets 3D printing systems. ExOne's
business primarily consisted of manufacturing and selling 3D
printing machines and printing products to specification for its
customers for both direct and indirect applications. ExOne offered
its pre-production collaboration and print products for customers
through its network of ExOne Adoption Centers and supplied the
associated materials, including consumables and replacements parts,
and other services, including training and technical support,
necessary for purchasers of its 3D printing machines to print
products.
Desktop Metal sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90268) on July 28, 2025, listing
up to $50,000 in assets and liabilities.
Judge Christopher M. Lopez presides over the case.
Benjamin Lawrence Wallen at Pachulski Stang Ziehl & Jones, LLP
serves as the Debtor's legal counsel.
DFND SECURITY: Seeks Subchapter V Bankruptcy in California
----------------------------------------------------------
On August 1, 2025, DFND Security 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 1 and 49 creditors. The petition states funds will be available
to unsecured creditors.
About DFND Security Inc.
DFND Security Inc. is a California-headquartered cybersecurity and
IT strategy firm that provides enterprise-level technology
architecture, security solutions and talent sourcing for global
corporations. It partners with organizations across North and South
America, Europe and beyond, drawing on a team of former C-suite IT
and security leaders with experience at Oracle, NetApp, Broadcom,
Sony and Intuit. Through a flexible engagement model, DFND Security
helps clients address complex IT and cybersecurity challenges at
scale.
DFND Security Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-12150) on
August 1, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million.
The Debtor is represented by Marc C. Forsythe, Esq. at GOE FORSYTHE
& HODGES LLP.
DIAMONDHEAD CASINO: Court Grants Chapter 7 Involuntary Petition
---------------------------------------------------------------
Diamondhead Casino Corporation disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that on June 12,
2024, the parties -- Edson Arneault, John Hawley as Servicing Agent
for Argonaut 2000 Partners, L.P., Kathleen and James Devlin, J.
Steven Emerson, Emerson Partners, J. Steven Emerson, as Successor
to Steven Emerson Roth IRA, Steven Rothstein, and Barry and Irene
Stark v. Diamondhead Casino Corporation (In the United States
Bankruptcy Court for the District of Delaware)(C.A. No.
24-11354-JKS) -- filed a Chapter 7 Involuntary Petition against a
Non-Individual (Diamondhead Casino Corporation). The foregoing
parties sought a total of $2,422,500. The Petition was served on
June 13, 2024.
On July 18, 2024, the Company filed a Motion of the Alleged Debtor,
Diamondhead Casino Corporation, to Dismiss the Involuntary
Bankruptcy Petition or, in the Alternative, to Convert the Case to
Chapter 11 (hereinafter "Diamondhead's Motion to Dismiss").
On September 3, 2024, the Petitioners' filed an Answering Brief in
Opposition to Diamondhead's Motion to Dismiss. On September 25,
2024, the Court held a status hearing in the matter.
On December 4, 2024 and January 16, 2025, the Court held an
evidentiary hearing on Diamondhead's Motion to Dismiss. On February
11, 2025, the Company filed a post-hearing brief in support of its
Motion to Dismiss. On March 4, 2025, the Petitioners filed their
Answering Brief in opposition to the Motion to Dismiss. On March
14, 2025, the Company filed its Reply Brief.
On July 30, 2025, the Court issued its Opinion in the case and an
Order denying the Company's Motion to Dismiss the Involuntary
Bankruptcy Petition, or in the Alternative, to Convert the Case to
Chapter 11.
On July 31, 2025, the Court entered an Order for Relief in an
Involuntary Case under Chapter 7 of the Bankruptcy Code granting
the Chapter 7 Involuntary Petition.
On August 1, 2025, a Notice to Interim Trustee/Trustee of Selection
in an Asset Case was filed, notifying the Interim Trustee/Trustee
of his appointment in an asset case of the estate of the Debtor
(Diamondhead Casino Corporation). The appointee has five days after
receipt of the notice to notify the Assistant United States
Trustee, in writing, if he rejects this case.
About DiamondHead
Headquartered in Alexandria, Va., Diamondhead Casino Corporation
owns, operates, and manages a casino resort. The Company constructs
a casino resort and hotel and associated amenities. Diamondhead
Casino serves customers in the United States.
Marlton, N.J.-based Marcum LLP, the Company's auditor since 2004,
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 a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations.
As of Dec. 31, 2024, the Company had $5.6 million in total assets,
$20.3 million in total liabilities, and a total stockholders'
deficit of $14.7 million.
DISTRICT 7 GRILL: Case Summary & 15 Unsecured Creditors
-------------------------------------------------------
Four affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
District 7 Grill Corporation (Lead Case) 25-34547
501 Pierce St.
Houston TX 77002
District 7 Grill Eado LLC 25-34548
District 7 Main, LLC 25-34549
Table 7 Bistro, Inc. 25-34550
Business Description: Established in 2003, the Debtors own and
operate four restaurants in Houston, Texas,
including: two District 7 restaurants
located at 501 Pierce St., Houston, Texas
77002 and 1508 Hutchins Street, Houston,
Texas 77003; one District 7 Restaurant &
Market restaurant located at 610 Main St.,
Houston, Texas 77002; and one Table 7 Bistro
restaurant located at 1085 Rusk St., Ste. C,
Houston, TX 77002. The District 7 and Table
7 Bistro restaurants offer an upgraded take
on America-style cuisine -- from classic
eggs benedict and savory short rib burgers,
to artisan pizzeria pizza, fresh mahi mahi
salad, and file mignon. The District 7
Restaurant and Market location features a
specialty market, deli and convenient grab-
and-go options, including rotisserie
chicken, deli sandwiches, and Polish dogs.
Chapter 11 Petition Date: August 5, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Judge: Hon. Jeffrey P Norman
Debtors'
Bankruptcy
Counsel: Brandon J. Tittle, Esq.
TITTLE LAW FIRM, PLLC
1125 Legacy Dr., Ste. 230
Frisco, Texas 75034
Tel: 972.213.2316
E-mail: btittle@tittlelawgroup.com
Lead Debtor's
Estimated Assets: $0 to $50,000
Lead Debtor's
Estimated Liabilities: $100,000 to $500,000
The petitions were signed by Babak Elham as shareholder.
A copy of the Lead Debtor's list of 15 unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/5YHATFY/District_7_Grill_Corporation__txsbke-25-34547__0003.0.pdf?mcid=tGE4TAMA
Full-text copies of the petitions are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/5YHATFY/District_7_Grill_Corporation__txsbke-25-34547__0003.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/VBS53BQ/District_7_Grill_Eado_LLC__txsbke-25-34548__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/SDROJFQ/District_7_Main_LLC__txsbke-25-34549__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/SK7RCUQ/Table_7_Bistro_Inc__txsbke-25-34550__0001.0.pdf?mcid=tGE4TAMA
DVC3 LLC: Court Denies Bid to Extend Cash Collateral Access
-----------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida denied
DVC3, LLC's bid for another extension of its authority to use cash
collateral.
The court denied the request as moot following confirmation of the
Debtor's Chapter 11 plan of reorganization.
About DVC3 LLC
DVC3, LLC sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Fla. Case No. 24-03897) on December 23, 2024. In
the petition signed by Rebecca L. Vetter, manager, the Debtor
disclosed up to $500,000 in assets and up to $10 million in
liabilities.
Judge Jacob A. Brown oversees the case.
The Debtor is represented by Bryan K. Mickler, Esq., at Mickler &
Mickler.
EKROOP LLC: Seeks to Hire Caddell Reynolds as Attorney
------------------------------------------------------
Ekroop, LLC received approval from the U.S. Bankruptcy Court for
the Western District of Arkansas to hire Caddell Reynolds Law Firm
as attorney.
The firm will render these services:
a) give Debtor legal advice with respect to their powers and
duties as Debtor in Possession of their business and management of
their property; and
b) prepare on behalf of Debtor, as Debtor in Possession, any
Petition, Schedules, Statement of Financial Affairs, any necessary
deficient schedules and other documents, applications, answers,
orders, reports, complaints, motions, etc., file such required
documents, and appear before this Court and any other court in
reference thereto; and
c) perform all other legal services for Debtor in Possession
that may be necessary to effectuate a reorganization of Debtor's
financial affairs.
The firm charges $350 per hour for attorney's services and $125 per
hour for paralegal services.
Joel Hargis, Esq., an attorney at Caddell Reynolds, disclosed in
court filings that the firm is a "disinterested person" as that
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Joel G. Hargis, Esq.
CADDELL REYNOLDS LAW FIRM
P.O. Box 184
Fort Smith, AR 72902
Telephone: (501) 214-0814
Facsimile: (501) 222-8824
Email: jhargis@caddellreynolds.com
About Ekroop, LLC
Ekroop, LLC filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. E.D. Ark. Case No. 25-11861) on
June 2, 2025, listing $100,001 to $500,000 in assets and $100,001
to $500,000 in liabilities.
Judge Richard D Taylor presides over the case.
Joel G. Hargis, Esq. at Caddell Reynolds represents the Debtor as
counsel.
EL DORADO: Affiliate to Sell Oil & Gas Leases to Hilcorp Energy
---------------------------------------------------------------
Dawn M. Ragan, the duly appointed Chapter 11 Trustee for the
bankruptcy estate of El Dorado Gas & Oil, Inc. and Hugoton
Operating Company Inc., seek permission from the U.S. Bankruptcy
Court for the Southern District of Mississippi, to sell oil and gas
leases, free and clear of all liens, claims, encumbrances, and
interests.
The Trustee has evaluated assets of the estate, including those
certain non-operating working interests in various oil and gas
leases and wells located in Zapata County, TX, owned by Hugoton.
The Trustee has determined that Hugoton does not need these
non-operating working interests for its operations and that these
non-operating working interests would better serve Hugoton's estate
if she sold them.
The Trustee submits that conducting a private sale of these
non-operating working interests is prudent and in the best interest
of Hugoton's estate.
The Trustee seeks approval of a sale from the Trustee to Hilcorp
Energy I, L.P., or its designated assignee (Purchaser), of the
non-operating working interests in those certain oil and gas leases
and wells located in Zapata County, TX, and to the extent
necessary, the assumption and assignment of various farm-out
agreements.
The Purchaser has offered to purchase the Assets and Designated
Contracts for $350,000 in accordance with Sale Documents.
The Trustee submits that the Purchaser's offer for the Assets and
Designated Contracts is fair and reasonable and offers maximized
value of the Assets and Designated Contracts for the benefit of
Hugoton's estate.
The Trustee's decision to sell the Assets to the Purchaser is based
upon the exercise of her sound business judgment. The Trustee does
not need the Assets for Hugoton's operations, and monetizing the
Assets better serves Hugoton's estate.
About El Dorado Gas & Oil and Hugoton Operating
Company
Hugoton Operating Company, Inc. filed a voluntary Chapter 11
petition (Bankr. S.D. Miss. Case No. 23-51139) on Aug. 14, 2023. El
Dorado Gas & Oil, Inc., a company in Gulfport, Miss., filed Chapter
11 petition (Bankr. S.D. Miss. Case No. 23-51715) on Dec. 22, 2023,
with $500 million to $1 billion in assets and $50 million to $100
million in liabilities. Thomas L. Swarek, president, signed the
petition.
On Feb. 22, 2024, Bluestone Natural Resources II - South Texas, LLC
and World Aircraft, Inc. filed separate Chapter 11 petitions(Bankr.
S.D. Miss. Case Nos. 24-50223 and 24-50224).
On Jan. 12, 2024, the Court entered an order directing the
appointment of a Chapter 11 trustee for Hugoton. On Jan. 22, 2024,
the Court approved Dawn Ragan as the Chapter 11 trustee for
Hugoton.
On Jan. 31, 2024, the Court ordered the appointment of a Chapter 11
trustee for El Dorado. On Feb. 2, 2024, the Court approved Ms.
Ragan as Chapter 11 trustee for El Dorado.
No official committee of unsecured creditors has been established
in any of the Debtor cases.
Hugoton and El Dorado are both Arkansas corporations engaged in the
exploration, production, and development of crude oil and natural
gas properties. El Dorado is a lease holder and operator of oil and
gas wells covering about 4,000 net acres in South Texas. El Dorado
also owns a substantial amount of oil field equipment and owns real
estate in multiple locations and states. Hugoton also owns oil and
gas interests and operates wells in South Texas.
Hugoton is 100% owned by El Dorado and El Dorado is 100% owned by
Thomas Swarek. Bluestone is 100% owned by Hugoton. Bluestone owns
oil and gas interests operated by the EDGO Debtors. World Aircraft
is 100% owned by EDGO. World Aircraft owns various aircraft and
equipment assets.
Judge Katharine M Samson oversees the cases.
Patrick Sheehan, Esq., at Sheehan & Ramsey, PLLC, is Debtors
Bluestone Natural Resources II-South Texas, LLC and World Aircraft,
Inc.
R. Michael Bolen, Esq., at Hood & Bolen, PLLC; and Nancy Ribaudo,
Esq., Katherine Hopkins, Esq., and Joseph Austin, Esq., at Kelly
Hart & Hallman LLP, serve as counsel to Dawn Ragan, Chapter 11
Trustee for El Dorado Gas & Oil, Inc. and Hugoton Operating
Company, Inc.
ENDI PLAZA: Seeks Cash Collateral Access
----------------------------------------
Endi Plaza, LLC asked the U.S. Bankruptcy Court for the Southern
District of New York for authority to use cash collateral.
The Debtor intends to use this cash collateral to fund its ongoing
operations and administrative expenses during the Chapter 11 case.
It argued that without access to this funding, it would face
immediate and irreparable harm, jeopardizing its ability to
maintain business operations and preserve the value of its estate.
The Debtor projects that it will generate approximately $505,000 in
cash and incur about $260,923 in expenses during the initial
four-week period of the case, primarily for payroll, utilities, and
necessary operating costs. The Debtor has been attempting to
refinance or reinstate the mortgage loan but those efforts have
been delayed due to a foreclosure action by its secured lender
Fannie Mae and motion to appoint a receiver. The Debtor intends to
pursue an exit strategy within the statutory 120-day exclusivity
period.
To protect Fannie Mae's interest in the collateral, the Debtor
proposed providing adequate protection through a combination of
replacement liens on post-petition assets, a superpriority
administrative claim under 11 U.S.C. sections 503(b) and 507(b),
and the maintenance of operations that preserve the
income-generating capacity of its property.
The property involved is the Endi Apartments, a mixed-use
residential and commercial complex in Duluth, Minnesota, consisting
of 142 apartment units and approximately 13,876 square feet of
retail space. The Debtor owes approximately $55.7 million to Fannie
Mae under a pre-bankruptcy mortgage loan. This debt is secured by
liens on all of the Debtor's assets, including rental income and
accounts receivable. Fannie Mae has not consented to the Debtor's
use of its cash collateral.
A court hearing is set for August 27.
Fannie Mae, as secured lender, is represented by:
Nicole Khalouian, Esq.
Stinson LLP
100 Wall Street, Suite 201
New York, NY 10005
Phone: (646) 883-7471
nicole.khalouian@stinson.com
-- and --
Zachary H. Hemenway, Esq.
Stinson LLP
1201 Walnut, Suite 2900
Kansas City, MO 64106
Telephone: (816) 842-8600
zachary.hemenway@stinson.com
About Endi Plaza LLC
Endi Plaza, LLC owns a mixed-use residential apartment and
commercial complex located at 2120 London Road, Duluth, Minnesota,
known as Endi Apartments containing 142 apartment units and 13,876
square feet of retail space and relating parking.
Endi Plaza sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D.N.Y. Case No. 25-35613) on June 2, 2025. On June
9, 2025, the case was transferred from the Poughkeepsie Divisional
Office to the White Plains Divisional Office and was assigned a new
case number (Case No. 25-20002).
At the time of the filing, the Debtor reported between $50 million
and $100 million in assets and liabilities.
Judge Sean H. Lane oversees the case.
The Debtor is represented by Goldberg Weprin Finkel Goldstein,
LLP.
ENI DIST: Voluntary Chapter 11 Case Summary
-------------------------------------------
Debtor: ENI DIST, Inc.
8805 Kelso Dr.
Essex, MD 21221
Business Description: ENI DIST, Inc. imports and distributes Asian
food products from South Korea and Southeast
Asia. The Company supplies dry,
refrigerated, and frozen goods to wholesale
distributors, chain retailers, foodservice
distributors, and independent supermarkets.
It operates a warehouse for handling various
product types and offers both local and
container drop shipment services across the
United States.
Chapter 11 Petition Date: August 6, 2025
Court: United States Bankruptcy Court
District of Maryland
Case No.: 25-17220
Debtor's Counsel: Weon G. Kim, Esq.
WEON G KIM LAW OFFICE
8200 Greensboro Dr.
Suite 900
Mc Lean, VA 22102
Tel: (571) 278-3728
Fax: (703) 288-4003
E-mail: jkkchadol99@gmail.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Seung Hoon Lee as president.
The petition was filed without the Debtor's list of its 20 largest
unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RIN2A6A/ENI_DIST_INC__mdbke-25-17220__0001.0.pdf?mcid=tGE4TAMA
EPIC! CREATIONS: Unsecureds to Get Nothing in Plan
--------------------------------------------------
Claudia Springer, the Chapter 11 Trustee of the Estates of Saga
Formations, Inc. f/k/a Epic! Creations, Inc., and affiliates,
submitted a First Amended Combined Disclosure Statement and Chapter
11 Plan for the Debtors dated August 1, 2025.
The Debtors are three U.S.-based companies that previously operated
educational technology companies.
Between 2019 and 2021, T&L, an Indian corporation co-founded by
Byju Raveendran in 2011, acquired each of the Debtors. T&L aimed to
provide accessible education technology, and was run by a
close-knit group of Byju Raveendran loyalists, including his
brother Riju Ravindran.
The Chapter 11 Trustee retained investment bankers to conduct a
marketing process for substantially all of the Debtors' assets.
Following that process, the Chapter 11 Trustee sold substantially
all of the Epic and Neuron Fuel assets on May 27, 2025, and May 30,
2025, respectively. The Tangible Play marketing process did not
result in a buyer. The Chapter 11 Trustee determined, in her
business judgment, that there was not a path forward for Tangible
Play's business to continue as a going concern. Tangible Play's
business ceased operations in April 2025.
Prior to the Sale Transaction, Epic owned and operated the leading
reading application in the United States for children at home, at
school, and on the go. Through its application, which Epic reported
in 2023 was used in over 80% of U.S. public elementary schools,
Epic provided electronic books and other educational materials to
students in kindergarten through eighth grade via a
subscription-based service. Epic was founded in 2012 and acquired
by T&L in November 2021 for a purported purchase price of
approximately $500 million.
Prior to the Sale Transaction, Neuron Fuel operated a
subscription-based educational platform known as Tynker that
provided gamified coding lessons to children with over 100 million
registered users across the globe. Neuron Fuel was founded in 2012
and acquired by T&L in September 2021 for a purported purchase
price of approximately $200 million.
Tangible Play developed and sold a variety of educational gaming
products, including its well-known Osmo line of products, which
used a combination of physical and digital components to engage
children in augmented reality-based educational games and
experiences. Tangible Play was founded in 2013 and acquired by T&L
in January 2019 for a purported purchase price of approximately
$120 million.
On May 7-8, 12-13, and 15, 2025, the Chapter 11 Trustee conducted
an auction for the sale of the Epic assets. The "baseline bid" at
the commencement of the auction was a bid valued by the Chapter 11
Trustee at $72.7 million. The bidding went through multiple rounds
over the course of four days. On May 13, 2025, Hy Ruby Limited
submitted a cash bid in the amount of $95.1 million, less cure
costs. Following the conclusion of the bidding, the Chapter 11
Trustee determined that the final bid submitted by Hy Ruby Limited
was the highest or otherwise best bid.
On May 15, 2025, the Chapter 11 Trustee and Hy Ruby Limited
executed, subject to Bankruptcy Court approval, the Epic Purchase
Agreement. On May 15, 2025, the Chapter 11 Trustee filed the Notice
of Successful Bidder at Auction for Epic! Creations, Inc. Assets
naming Hy Ruby Limited as the successful bidder. On May 20, 2025,
the Bankruptcy Court entered the Epic Sale Order, and on May 27,
2025, the sale of the Epic assets to Hy Ruby Limited pursuant to
the Epic Purchase Agreement closed.
Under the Plan, Holders of certain Allowed Claims are expected to
receive less than full payment in respect of their Claims, and
Holders of General Unsecured Claims, Subordinated Claims and
Disallowed Claims are expected to receive no payment. The Debtors'
discharge of Allowed Claims that are in the nature of guaranty
claims are expected to give rise to a worthless debt deduction for
the Debtors. The Debtors' satisfaction of their own liabilities
(not as guarantors) to the Holders of Claims in excess of the
amount satisfied by Distributions under the Plan will be canceled,
and therefore is expected to result in COD Income to the Debtors.
Class 4 consists of General Unsecured Claims. On the Effective
Date, all Allowed General Unsecured Claims shall be cancelled,
released, and extinguished, and will be of no further force or
effect, without any distribution on account of such Claims. This
Class will receive a distribution of 0% of their allowed claims.
Class 4 is Impaired under the Plan.
Class 7 consists of all Interests. On the Effective Date, all
Interests (including Intercompany Interests) shall be cancelled,
released, and extinguished, and will be of no further force or
effect, without any distribution on account of such Claims. For the
avoidance of doubt, the treatment of Class 7 Interests under the
Plan pertains only to any Interest in any Debtor and shall in no
way release, alter, impair, or otherwise impact the vesting of all
Retained Assets in the Wind-Down Debtors, which shall be entitled
to retain ownership of, dispose of, or otherwise monetize such
Retained Assets, including any Interest that any Debtor has in any
non-Debtor, as set forth elsewhere herein and in the Plan
Administrator Agreement.
The Wind-Down Debtors will be established, formed, and merged on
the Effective Date. The Wind Down Debtors shall be the successors
in interest to the Debtors, and the Wind-Down Debtors shall be
successors to each Debtor and its respective Estate's right, title,
and interest to the Wind-Down Debtor Assets. The Wind-Down Debtors
will conduct no business operations and will be charged with
winding down the Debtors' Estates. The Wind-Down Debtors shall be
managed by the Plan Administrator and shall be subject to the
oversight of the Wind-Down Debtors Oversight Committee.
Prior to the Effective Date, any and all of the Debtors' assets
shall remain assets of the Estates pursuant to section
1123(b)(3)(B) of the Bankruptcy Code and on the Effective Date the
Wind-Down Debtor Assets shall irrevocably vest in the Wind-Down
Debtors. For the avoidance of doubt, to the extent not otherwise
waived in writing, released, settled, compromised, assigned or sold
pursuant to a prior Final Order of the Bankruptcy Court or the
Plan, the Wind-Down Debtors specifically retain and reserve the
right to assert, after the Effective Date, any and all of the
Retained Causes of Action and related rights, whether or not
asserted as of the Effective Date (and whether or not listed on the
Schedule of Retained Causes of Action), and all proceeds of the
foregoing, subject to the terms of the Plan.
A full-text copy of the First Amended Combined Disclosure Statement
and Plan dated August 1, 2025 is available at
https://urlcurt.com/u?l=0IjOQR from PacerMonitor.com at no charge.
Counsel for the Chapter 11 Trustee:
JENNER & BLOCK LLP
Catherine Steege, Esq.
Melissa Root, Esq.
William Williams, Esq.
353 N. Clark Street
Chicago, Illinois 60654
Telephone: (312) 923-2952
Email: csteege@jenner.com
mroot@jenner.com
wwilliams@jenner.com
PASHMAN STEIN WALDER HAYDEN, P. C.
Henry J. Jaffe, Esq.
Joseph C. Barsalona II, Esq.
Alexis R. Gambale, Esq.
824 North Market Street, Suite 800
Wilmington, DE 07601
Telephone: (302) 592-6497
Email: hjaffe@pashmanstein.com
jbarsalona@pashmanstein.com
agambale@pashmanstein.com
About Epic! Creations, Inc.
Epic! Creations Inc. -- https://www.getepic.com/ -- doing business
as Byju's, retails books online. The Company offers digital library
which includes kids books, ebooks, and videos. Epic! Creations
serves customers in the State of California.
Alleged creditors of Epic! Creations sought involuntary petition
under Chapter 11 of the the U.S. Bankruptcy Code against Epic!
Creations (Bankr. D. Del. Case No. 24-11161) on June 5, 2024.
The creditors who signed the petition are:
* HPS Investment Partners, LLC,
* TBK Bank, SSB
* Redwood Capital Management, LLC,
* Veritas Capital Credit Opportunities
Fund SPV, L.L.C. and Veritas Capital Credit
Opportunities Fund II SPV, L.L.C.
* HGV BL SPV, LLC,
* Midtown Acquisitions GP LLC,
* Silver Point Capital, L.P.,
* Shawnee 2022-1 LLC,
* Sentinel Dome Partners, LLC,
* Stonehill Capital Management LLC,
* Diameter Capital Partners LP,
* Ellington CLO III, Ltd. and Ellington Special
Relative ValueFund L.L.C.
* GLAS Trust Company LLC, in its capacity as
administrativeagent and collateral agent,
* Continental Casualty Company, and
* India Credit Solutions, L.P.
Glas Trust Company is represented by:
Laura Davis Jones
Pachulski, Stang, Ziehl & Jones LLP
Telephone: (302) 778-6401
E-mail: ljones@pszjlaw.com
TBK Bank, et al., are represented by:
G. David Dean
Cole Schotz P.C.
Telephone: (302) 652-3131
E-mail: ddean@coleschotz.com
ESSATIONS INC: Seeks to Tap David Freydin PC as Bankruptcy Counsel
------------------------------------------------------------------
Essations Inc. seeks approval from the U.S. Bankruptcy Court for
the Northern District of Illinois to hire the Law Offices of David
Freydin PC as its bankruptcy counsel.
The firm will render these services:
(a) negotiate with creditors;
(b) prepare a plan and financial statements; and
(c) examine and resolve claims filed against the estate.
The firm's counsel will be paid at these hourly rates:
David Freydin, Attorney $450
Jan Micahel Hulstedt, Attorney $425
Derek Loflad, Attorney $425
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a prepetition retainer of $10,000 from the
Debtor.
Mr. Freydin disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
David Freydin, Esq.
Law Offices of David Freydin PC
Skokie Blvd., Suite 312
Skokie, IL 60077
Telephone: (847) 972-6157
Facsimile: (866) 897-7577
Email: david.freydin@freydinlaw.com
About Essations Inc.
Essations Inc. is a corporation based in Chicago Heights,
Illinois.
Essations Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill.Case No. 25-10931) on July 18,
2025. In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Donald R. Cassling handles the case.
The Debtor is represented by David Freydin, Esq. at Law Offices Of
David Freydin Ltd.
EXACTECH INC: Fee Examiner Taps Verrill Dana as Counsel
-------------------------------------------------------
Robert J. Keach, the fee examiner of Exactech Inc. and its
affiliates, seeks approval from the U.S. Bankruptcy Court for the
District of Delaware to employ Verrill Dana LLP as his counsel.
The firm will provide these services:
a. reviewing and assessing all Fee Applications and related
invoices for compliance with:
i. Bankruptcy Code sections 105, 327, 328, 329, 330, 331,
363, and 1103 as applicable, pursuant to each Retained
Professional's retention order;
ii. the Bankruptcy Rules;
iii. the Local Rules;
iv. the United States Trustee Guidelines for Reviewing
Applications for Compensation and Reimbursement of Expenses Filed
Under 11 U.S.C. Section 330, C.F.R. Part 58, Appendix A, and the
Guidelines for Reviewing Applications for Compensation and
Reimbursement of Expenses Filed under 11 U.S.C. Section 330 by
Attorneys in Large Chapter 11 Cases Effective as of November 1,
2013, at 28 C.F.R. Part 58, Appendix B (collectively the "UST
Guidelines");
v. the Order Establishing Procedures for Interim
Compensation and Reimbursement of Expenses for Retained
Professionals ("Interim Compensation Order") [Docket No. 253]; and
vi. the Fee Examiner Order.
b. assisting the Fee Examiner in any hearings or other
proceedings before the Court to consider the Fee Applications
including, without limitation, advocating positions asserted in the
reports filed by the Fee Examiner and on behalf of the Fee
Examiner;
c. assisting the Fee Examiner with legal issues raised by
inquiries to and from the Retained Professionals and any other
professional services provider retained by the Fee Examiner;
d. where necessary, attending meetings between the Fee
Examiner and the Retained Professionals;
e. assisting the Fee Examiner with the preparation of
preliminary and final reports regarding professional fees and
expenses;
f. assisting the Fee Examiner in developing protocols and
making reports and recommendations; and
g. providing such other services as the Fee Examiner may
request.
The firm will be paid at these rates:
Robert J. Keach, Counsel $850 per hour
Letson D. Boots, Partner $395 per hour
Jennifer Novo, Associate $325 per hour
Angela Stewart, Paralegal $320 per hour
Karla Quirk, Paralegal $230 per hour
The following is provided in response to the request for additional
information set forth in Paragraph D.1 of the UST Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Answer: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post petition, explain the
difference and the reasons for the difference.
Answer: N/A
Question: Has the Fee Examiner approved your prospective budget
and staffing plan, and, if so, for what budget period?
Answer: The Fee Examiner will approve a budget and general
staffing plan in connection with Verrill's representation of the
Fee Examiner.
Letson D. Boots, a partner at Verrill Dana 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:
Letson D. Boots, Esq.
Verrill Dana LLP
One Portland Square, 10th Floor
Portland, ME 04101
Tel: (207) 774-4000
Email: lboots@verrill-law.com
About Exactech Inc.
Exactech Inc. -- https://www.exac.com/ -- is a joint-replacement
implant manufacturer owned by TPG Capital.
Exactech Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 24-12441) on October 29, 2024. In the
petition filed by Donna H. Edwards, as general counsel and senior
vice president, the Debtor estimated assets and liabilities between
$100 million and $500 million each.
The Debtor is represented by Ryan M. Bartley, Esq. at Young Conaway
Stargatt & Taylor, LLP. The creditors are represented by Eric
Goodman, Esq., David Molton, Esq., and Cameron Moxley, Esq. at
Brown Rudnick and TPG is represented by Mark Premo-Hopkins, Esq. at
Kirkland & Ellis.
FELTRIM TUSCANY: Amends U.S. Bank Secured Claims Pay Details
------------------------------------------------------------
Feltrim Tuscany Preserve, LLC, submitted an Amendment to Plan of
Reorganization dated July 31, 2025.
The Debtor amends its Plan for Small Business with respect to U.S.
Bank's secured claims in Classes 4 through 7:
Class 4 is comprised of the secured claim of U.S. Bank in
connection with a first priority mortgage on 199 Kenny Boulevard
with a filed claim (Claim No. 2) in the amount of $490,155.53 as of
the Petition Date. U.S. Bank's Class 4 Claim shall be allowed as
filed and paid in monthly installments of principal and interest
over thirty years at four percent per annum, for monthly payments
in the amount of $2,340.08. The balance of U.S. Bank's Class 4
Claim shall mature and become due and payable in full five years
after the Effective Date. The difference between the contractual
interest rate under U.S. Bank's loan documents and the four percent
plan rate shall accrue and be due and payable upon maturity.
Any funds in reserve, suspense, or escrow as of the Effective Date
not previously applied to adequate protection payments shall be
applied to the interest accrual. U.S. Bank shall retain its liens
on the collateral until its Class 4 Claim has been paid in full.
All other provisions of the Loan Documents shall remain in full
force and effect. The Debtor will pay all applicable taxes and
insurance directly.
If payment is not received by the tenth day of the month, the Plan
Payment will be deemed delinquent upon notice of default filed with
the Court by U.S Bank and served upon Debtor through counsel. The
Debtor shall have five days to cure the default. If the Debtor
fails to timely cure the default, on the sixth day after the notice
of default is filed, U.S Bank may submit an order to the Court
granting it immediate stay relief without further hearing. The
Debtor shall payment monthly payments in accordance with the Plan
in the amount of $2,340.08.
Class 5 is comprised of the secured claim of U.S. Bank in
connection with a first priority mortgage on 124 Angela’s Avenue
with a filed claim (Claim No. 5) in the amount of $480,768.40 as of
the Petition Date. U.S. Bank's Class 5 Claim shall be allowed as
filed and paid in monthly installments of principal and interest
over thirty years at four percent per annum, for monthly payments
in the amount of $2,295.26. The balance of U.S. Bank's Class 5
Claim shall mature and become due and payable in full five years
after the Effective Date. The difference between the contractual
interest rate under U.S. Bank's loan documents and the four percent
plan rate shall accrue and be due and payable upon maturity.
Any funds in reserve, suspense, or escrow as of the Effective Date
not previously applied to adequate protection payments shall be
applied to the interest accrual. U.S. Bank shall retain its liens
on the collateral until its Class 5 Claim has been paid in full.
All other provisions of the Loan Documents shall remain in full
force and effect. The Debtor will pay all applicable taxes and
insurance directly.
If payment is not received by the tenth day of the month, the Plan
Payment will be deemed delinquent upon of default filed with the
Court by U.S Bank and served upon Debtor through counsel. The
Debtor shall have five days to cure the default. If the Debtor
fails to timely cure the default, on the sixth day after the notice
of default is filed, U.S Bank may submit an order to the Court
granting it immediate stay relief without further hearing. The
Debtor shall payment monthly payments in accordance with the Plan
in the amount of $2,295.26.
Class 6 is comprised of the secured claim of U.S. Bank in
connection with a first priority mortgage on 147 Angela’s Avenue
with a filed claim (Claim No. 4) in the amount of $469,187.67 as of
the Petition Date. U.S. Bank's Class 6 Claim shall be allowed as
filed and paid in monthly installments of principal and interest
over thirty years at four percent per annum, for monthly payments
in the amount of $2,239.97. The balance of U.S. Bank's Class 6
Claim shall mature and become due and payable in full five years
after the Effective Date. The difference between the contractual
interest rate under U.S. Bank's loan documents and the four percent
plan rate shall accrue and be due and payable upon maturity.
Any funds in reserve, suspense, or escrow as of the Effective Date
not previously applied to adequate protection payments shall be
applied to the interest accrual. U.S. Bank shall retain its liens
on the collateral until its Class 6 Claim has been paid in full.
All other provisions of the Loan Documents shall remain in full
force and effect. The Debtor will pay all applicable taxes and
insurance directly.
If payment is not received by the tenth day of the month, the Plan
Payment will be deemed delinquent upon notice of default filed with
the Court by U.S Bank and served upon Debtor through counsel. The
Debtor shall have five days to cure the default. If the Debtor
fails to timely cure the default, on the sixth day after the notice
of default is filed, U.S Bank may submit an order to the Court
granting it immediate stay relief without further hearing. The
Debtor shall payment monthly payments in accordance with the Plan
in the amount of $2,239.97.
Class 7 is comprised of the secured claim of U.S. Bank in
connection with a first priority mortgage on 149 Angela's Avenue
with a filed claim (Claim No. 3) in the amount of $454,184.88 as of
the Petition Date. U.S. Bank's Class 7 Claim shall be allowed as
filed and paid in monthly installments of principal and interest
over thirty years at four percent per annum, for monthly payments
in the amount of $2,168.35. The balance of U.S. Bank's Class 7
Claim shall mature and become due and payable in full five years
after the Effective Date. The difference between the contractual
interest rate under U.S. Bank's loan documents and the four percent
plan rate shall accrue and be due and payable upon maturity.
Any funds in reserve, suspense, or escrow as of the Effective Date
not previously applied to adequate protection payments shall be
applied to the interest accrual. U.S. Bank shall retain its liens
on the collateral until its Class 7 Claim has been paid in full.
All other provisions of the Loan Documents shall remain in full
force and effect. The Debtor will pay all applicable taxes and
insurance directly.
If payment is not received by the tenth day of the month, the Plan
Payment will be deemed delinquent upon notice of default filed with
the Court by U.S Bank and served upon Debtor through counsel. The
Debtor shall have five days to cure the default. If the Debtor
fails to timely cure the default, on the sixth day after the notice
of default is filed, U.S Bank may submit an order to the Court
granting it immediate stay relief without further hearing. The
Debtor shall payment monthly payments in accordance with the Plan
in the amount of $2,168.35.
A full-text copy of the Amended Plan dated July 31, 2025 is
available at https://urlcurt.com/u?l=etaccd from PacerMonitor.com
at no charge.
Attorneys for the Debtor:
Amy Denton Mayer, Esq.
STICHTER, RIEDEL, BLAIN & POSTLER, P.A.
110 East Madison Street, Suite 200
Tampa, Florida 33602
Telephone: (813) 229-0144
Email: amayer@srbp.com
About Feltrim Tuscany Preserve
Feltrim Tuscany Preserve, LLC, a company in Haines City, Fla.,
filed a petition under Chapter 11, Subchapter V of the Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-01693) on March 20, 2025. In
its petition, the Debtor reported between $1 million and $10
million in both assets and liabilities.
Judge Catherine Peek McEwen handles the case.
Amy Denton Mayer, Esq., at Stichter Riedel Blain & Postler, P.A.,
is the Debtor's legal counsel.
FIGUEROA TELEPHONE: Unsecureds to Split $1K over 12 Months
----------------------------------------------------------
Figueroa Telephone Construction Inc. filed with the U.S. Bankruptcy
Court for the District of Puerto Rico a Plan of Reorganization for
Small Business dated July 29, 2025.
The Plan Proponent believes that the Debtor will have enough cash
on hand on the effective date of the Plan to pay all the claims and
expenses that are entitled to be paid on that date.
Class 7 consists of General Unsecured Non-priority Creditors. This
classification is composed of eleven general unsecured non priority
creditors, either by filed proof of claim or as scheduled in the
debtor's bankruptcy petition. The aggregate amount owed to
creditors in this class is $187,630.58.
Pursuant to the Plan, the debtor shall pay to the entire class, a
total of $1,000.00, without interest, to be distributed pro rata
among all creditors in this class. Beginning on January 31, 2026,
and continuing through December 31, 2026, or for a period of one
year from the estimated effective date (which is thirty days after
the entry of the order confirming the Plan, approximately December
31, 2025), the debtor shall make twelve monthly payments of $83.33
through the end of the year, for a total of $1,000.00.
Payments shall be distributed pro rata based on each creditor's
respective share of the total general unsecured debt. This class is
impaired under the terms of the Plan.
Class 8 is composed of the equity interest holders of the Debtor.
In this case, the Debtor is a corporation, and the sole equity
interest holder is Mr. Elías De Jesús Figueroa, who possesses one
hundred percent of the issued and outstanding shares of stock.
Although equity holders are entitled to retain their ownership
interest in the reorganized Debtor, they will not receive any
monetary distribution or cash dividend under this Plan.
Furthermore, any benefit or payment on behalf of the equity holder
shall be fully subordinated to the payment in full of all allowed
claims, as provided for in this Plan.
Notwithstanding the absence of a financial recovery, the equity
security holder will retain his ownership interest in the
reorganized Debtor, by receiving a distribution of common stock in
the reorganized entity equivalent to his prepetition shareholding.
The Plan shall be implemented pursuant to Section 1123(a)(5) of the
Bankruptcy Code through the ongoing operations of the Debtor's
business and its resulting operating cash flows. The Debtor will
retain property of the estate to continue business operations and
generate the funds necessary to perform under the Plan.
A full-text copy of the Plan of Reorganization dated July 29, 2025
is available at https://urlcurt.com/u?l=xzXrWD from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jaime Rodriguez-Perez, Esq.
Hatillo Law Office, PSC
P.O. Box 678
Hatillo, PR 00659
Telephone: (787) 262-4848
E-mail: hatillolawoffice@yahoo.com
About Figueroa Telephone Construction
Figueroa Telephone Construction Inc. specializes in the
construction and maintenance of telecommunication systems,
including both aerial and underground installations. The Company's
services encompass fusion and splicing of fiber optic networks, as
well as the construction and installation of handholes and manholes
for cables.
Figueroa Telephone Construction sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.P.R. Case No. 25-01506) on April
2, 2025. In its petition, the Debtor reports total assets of
$499,203 and total liabilities of $1,131,802.
The Debtor tapped Jaime Rodriguez Perez, Esq. at Hatillo Law
Office, PSC, as counsel and Ramon Trabal Rios & Asociados LLC, CPA
as accountant.
FREEDOM RAVE: Unsecured Creditors to Split $50K in Plan
-------------------------------------------------------
Freedom Rave Wear, Inc., filed with the U.S. Bankruptcy Court for
the Southern District of California a Plan of Reorganization for
Small Business dated July 31, 2025.
The Debtor is a Delaware Corporation with its primary place of
business located in Carlsbad, California. In 2014, Debtor began
designing cutting-edge, self-expression festival clothing.
The Debtor designs and manufactures comfortable, vibrant, unique,
and bold styles, coveted by rave attendees, music festival patrons,
party goers, and those who seek self-expression through fashion. In
addition to its retail sales, Debtor maintains an online resale
shop offering "preloved festival outfits" at a discounted price.
This feature further aligns with Debtor's low environmental impact
sustainability promise to its consumers.
Then, in March 2024, Debtor was served with a Private Attorneys
General Act ("PAGA") claim by a former employee citing violations
of California employment wage and hour codes. The expense
litigating these PAGA lawsuits combined with defending against the
online attacks against Debtor, drastically and dramatically
affected Debtor's revenue such that it was unable to service its
debt. On February 24, 2025, Debtor filed this Chapter 11 case
seeking bankruptcy relief.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $438,370.03. The final
Plan payment is expected to be paid on August 30, 2030.
Class 3 consists of Non-priority unsecured creditors. All
non-priority unsecured claims allowed under § 502 of the Code
including disputed claims will be paid a prorata share of $50,000.
Creditors with claims held in Subordinated Insider Claims will not
be paid during the plan.
Class 4 consists of Equity security holders of the Debtor. The
holder of debtor's equity shall retain its equity interest in the
debtor.
The Debtor will contribute all of its projected disposable income,
net of an appropriate operating capital reserve, for five years
following the date that the first payment is due under the Plan.
Inasmuch as the PAGA creditors did not file Proofs of Claim, Debtor
will not be pursuing its cross-complaints for damages due to a lack
of funds to pursue litigation.
A full-text copy of the Plan of Reorganization dated July 31, 2025
is available at https://urlcurt.com/u?l=eGFxqj from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Larissa Lazarus, Esq.
Law Offices of Mark L. Miller
2341 Jefferson Street, Ste. 100
San Diego, CA 92110
Telephone: (619) 574-0551
Email: larissa@millerlegalcenter.com
About Freedom Rave Wear
Established in 2024, Freedom Rave Wear Inc. is a California-based
company specializing in eco-friendly, vibrant festival apparel and
accessories.
Freedom Rave Wear filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. S.D. Cal. Case No. 25-00656) on Feb.
24, 2025. In its petition, the Debtor reported total assets of
$223,188 and total liabilities of $1,096,894.
Judge Christopher B. Latham handles the case.
The Law Offices of Mark L. Miller serves as the Debtor's counsel.
FRESE INDUSTRIES: Hires Bond Law Office as Legal Counsel
--------------------------------------------------------
Frese Industries, Inc. seeks approval from the U.S. Bankruptcy
Court for the Western District of Arkansas to hire Stanley V. Bond
of Bond Law Office to serve as its legal counsel
Bond Law Office will provide these services:
(a) become familiar with the financial affairs of the Debtor;
(b) represent the Debtor's interests before the Bankruptcy
Court; and
(c) provide legal representation related to the Chapter 11
proceedings.
Mr. Bond shall receive an hourly rate of $375. An hourly rate of
$250 applies to Associate Counsel Kathryn Worlow, and
paraprofessional time is billed at $125 per hour.
Bond Law Office received a filing fee of $1,738 and an attorney
retainer of $5,262.50 before the commencement of the case.
Bond Law Office 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:
Stanley V. Bond, Esq.
BOND LAW OFFICE
PO Box 1893
Fayetteville, AR 72702-1893
Telephone: (479) 444-0255
E-mail: attybond@me.com
About Frese Industries
Frese Industries, Inc. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Ark. Case No. 25-71330) on July
31, 2025, listing between $100,001 and $500,000 in assets and up to
$50,000 in liabilities.
Judge Bianca M. Rucker presides over the case.
Stanley V. Bond, Esq., at Bond Law Office represents the Debtor as
bankruptcy counsel.
FRONTIER COMMUNICATIONS: Court Refuses to Reopen Chapter 11 Case
----------------------------------------------------------------
Chief Judge Martin Glenn of the United States Bankruptcy Court for
the Southern District of New York denied with prejudice the motion
of pro se litigant Eduardo Rivas to reopen the chapter 11 case of
Frontier Communications Corporation and its affiliates and for
sanctions.
On Sept. 14, 2015, Rivas commenced a civil suit alleging wrongful
termination against Verizon Communications and Anita Anderson in
the Los Angeles County Superior Court of California. On Jan. 20,
2016, Rivas amended his complaint to include Reorganized Debtor
Frontier California, Inc., formerly known as Verizon California,
Inc. On April 14, 2020, Frontier CA and 103 affiliates commenced
the chapter 11 cases, and the State Court litigation was
automatically stayed as of the Petition Date.
On Aug. 27, 2020, the Court confirmed Frontier's chapter 11 plan,
which reinstated general unsecured claims as if the chapter 11
cases had never been filed. The Reorganized Debtors' chapter 11
plan became effective on April 30, 2021. On Sept. 28, 2021, the
Court entered a final decree closing 102 of the 104 jointly
administered cases, leaving the Frontier Communications Corporation
and Frontier Southwest Incorporated cases open.
Rivas's case went to trial on Aug. 23, 2023, and on Aug. 28, 2023,
the State Court directed a verdict in favor of the defendants
(including Frontier CA), and a final judgment was entered on Sept.
28, 2023. On Oct. 24, 2023, Rivas filed a notice of appeal in
California state court; appellate briefing is complete, and oral
argument is scheduled for Sept. 11, 2025.
Reopening a Chapter 11 Case
Rivas moves to reopen the Frontier chapter 11 bankruptcy case
pursuant to 11 U.S.C. Sec. 350(b) and Federal Rule of Bankruptcy
Procedure 9024. Rivas requests the Court to reopen the case and
allow full briefing and presentation of evidence for the imposition
of sanctions on the Defendants for their alleged misuse of the
bankruptcy process. The Motion alleges that the conduct of the
Reorganized Debtors may constitute a violation of Fed. R. Bankr. P.
9011, warranting sanctions. Rivas also requests a waiver of the
reopening filing fee under 28 U.S.C. Sec. 1930.
Rivas alleges that counsel for Frontier Communications misused the
automatic stay and bankruptcy proceedings to inhibit his ability to
raise his claims and defenses in the California litigation.
In their objection, the Reorganized Debtors argue that the Motion
should be denied because Rivas does not meet the standard for
either of the two requests in the Motion. The Reorganized Debtors
contend Rivas does not establish cause to reopen under section
350(b) of the Bankruptcy Code. The Debtors argue that this Court is
not the proper forum to adjudicate Rivas's claims, as his wrongful
termination claim is a general unsecured claim that was left
unimpaired by the Plan. They also argue that the Motion for
sanctions fails both procedurally and substantively. According to
the Debtors, Rivas fails to state any basis for his allegations of
there being a fraudulent use of the automatic stay in his request.
The Court finds Frontier would suffer prejudice from reopening the
chapter 11 case. If the Court reopens the case, the Debtors risk
incurring significant administrative costs solely to provide Rivas
another opportunity to present arguments and evidence on a closed
case. The benefits to the Plaintiff do not outweigh the extensive
burdens of reopening, especially when reopening will prejudice the
Debtors. Additionally, the denial of Rivas's Motion would not
prejudice him as he reserves the ability to bring his allegations
in the California court.
According to the Court, Rivas has also failed to provide evidence
of fraud. Absent a showing of fraud, Rivas does not establish why
reopening the closed bankruptcy case would aid his civil
litigation.
Sanctions
The Court finds Rivas's request to impose sanctions on Frontier CA
and its counsel also fails on procedural grounds. Not only did the
Plaintiff combine both his motion to reopen and request for
sanctions, but Rivas also fails to articulate how the Frontier
counsel's use of the automatic stay, or representation that they
did not have access to Verizon's documents, constitutes fraud.
A copy of the Court's decision dated July 29, 2025, is available at
https://urlcurt.com/u?l=R0TjpZ
Counsel to the Reorganized Debtors:
Chad J. Husnick, Esq.
KIRKLAND & ELLIS LLP
333 West Wolf Point Plaza
Chicago, IL 60654
E-mail: chad.husnick@kirkland.com
About Frontier Communications
Frontier Communications Corporation (OTC: FTRCQ) offers a variety
of services to residential and business customers over its
fiber-optic and copper networks in 25 states, including video,
high-speed internet, advanced voice, and Frontier Secure digital
protection solutions. Frontier Business offers communications
solutions to small, medium, and enterprise businesses.
Frontier Communications Corporation and 103 related entities sought
Chapter 11 protection (Bankr. S.D.N.Y. Lead Case No. 20-22476) on
April 14, 2020.
Judge Robert D. Drain oversees the cases.
The Debtors tapped Kirkland & Ellis LLP as legal counsel; Evercore
as financial advisor; and FTI Consulting, Inc., as restructuring
advisor. Prime Clerk is the claims agent, maintaining the page
http://www.frontierrestructuring.com/and
https://cases.primeclerk.com/ftr
The U.S. Trustee for Region 2 appointed a committee to represent
unsecured creditors in Debtors' Chapter 11 cases. The committee
tapped Kramer Levin Naftalis & Frankel LLP as its counsel; Alvarez
& Marsal North America, LLC, as financial advisor; and UBS
Securities LLC as an investment banker.
GRANT PARK: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------
Debtor: Grant Park Packing Company, Inc.
3434 Runge St.
Franklin IL 60131
Business Description: Founded in 1974 and still family-owned,
Grant Park Packing Co. operates one of
Chicago's last fully functioning pork
packing plants in the heart of Fulton Street
Market, processing thousands of whole hogs
daily. The federally inspected facility
distributes fresh pork, beef, lamb, goat,
poultry and processed meats at wholesale
prices to restaurants, retailers and
individual customers throughout the Chicago
area and beyond.
Chapter 11 Petition Date: August 5, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-11968
Judge: Hon. Jacqueline P Cox
Debtor's Counsel: David Herzog, Esq.
DAVID HERZOG
53 W. Jackson Blvd. Suite 1442
Chicago IL 60604
Tel: 312-977-1600
Email: drh@dherzoglaw.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Lucia Maffei as secretary.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/KPZWZYY/Grant_Park_Packing_Company_Inc__ilnbke-25-11968__0003.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/U25TPFQ/Grant_Park_Packing_Company_Inc__ilnbke-25-11968__0001.0.pdf?mcid=tGE4TAMA
HARDING BELL: U.S. Trustee Appoints Creditors' Committee
--------------------------------------------------------
The U.S. Trustee for Region 21 appointed an official committee to
represent unsecured creditors in the Chapter 11 case of Harding
Bell International, Inc.
The committee members are:
1. Brian and Angela McDonald
6 Marchfield Park Lane
Edinburgh EH4 5BF
United Kingdom
brian24mcdonald@icloud.com
2. Nicholas and Caroline Pope
61 W. Chiltern
Woodcote, Reading RG 8 OSG
England
Nick.pope13@btinternet.com
3. Timothy and Catherine Clark
213 Lakewood Dr.
Oakville
Ontario, Canada L6K 1B3
cathy_t_clark@yahoo.com
4. Graeme Hannah
113 Casa Dora, Serena
Wadi Al Saffa 7, Dubai
United Arab Emirates
Graeme.hannah@yahoo.co.uk
5. Helge Ingvald Jakobsen
Sandesletta 25B
4050 Sola
Norway
Helge.ingvald@lyse.net
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 Harding Bell International Inc.
Harding Bell International, Inc. is a certified public accounting
firm based in Central Florida that provides tax preparation,
business support, and FIRPTA services to U.S. and international
clients. The firm serves over 9,000 clients across 22 U.S. states
and more than 170 countries, with a focus on real estate investment
and cross-border tax matters. Founded in 2000, it operates six
offices in the region.
Harding Bell International sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04912) on July
17, 2025. In its petition, the Debtor reported total assets of
$3,826,150 and total liabilities of $6,221,386.
Honorable Bankruptcy Judge Roberta A. Colton handles the case.
The Debtor is represented by Aaron Wernick, Esq., at Wernick Law,
PLLC.
HOLLOWELL VENTURES: Hires Bond Law Office as Legal Counsel
----------------------------------------------------------
Hollowell Ventures LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Arkansas to hire Bond Law Office
to serve as legal counsel in its Chapter 11 case.
Bond Law Office will provide these services:
(a) consult with the Debtor regarding its financial affairs;
(b) represent the Debtor's interests before the court;
(c) provide legal services related to the Debtor's bankruptcy
proceedings; and
(d) perform all other necessary legal services in connection
with the case.
Bond Law Office will be compensated at these hourly rates:
-- $375 for lead attorney Stanley Bond
-- $250 for Associate Counsel Kathryn Worlow
-- $125 for paraprofessional time
Prior to the filing, the firm received a $1,738 filing fee and a
$10,262 retainer from the Debtor.
Bond Law Office has disclosed that it holds no conflict of interest
and qualifies as a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Stanley V. Bond, Esq.
Bond Law Office
PO Box 1893
Fayetteville, AR 72702-1893
Telephone: (479) 444-0255
E-mail: attybond@me.com
About Hollowell Ventures LLC
Hollowell Ventures LLC is a real estate company operating in
Arkansas and Missouri with NAICS code 5311.
Hollowell Ventures LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Ark. Case No. 25-71311) on July 31,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Bianca M. Rucker handles the case.
The Debtor is represented by Stanley V. Bond, Esq. at Bond Law
Office.
HRHI WIND-DOWN: Seeks to Extend Plan Exclusivity to November 4
--------------------------------------------------------------
HRHI Wind-down, LLC, and 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
November 4, 2025 and January 5, 2026, respectively.
The Debtors explain that given the progress that they have made in
these chapter 11 cases, the companies submit that a 90-day initial
extension of the Exclusive Periods is reasonable. Granting the
requested extension will give the Debtors the opportunity to
negotiate and potentially propose a plan or otherwise wind-down
their estates and close the chapter 11 cases without the
distraction, cost and delay of a competing plan process.
The Debtors note that they have been paying their undisputed
postpetition bills as they become due. This factor therefore weighs
in favor of allowing the Debtors to extend the Exclusive Periods.
The Debtors assert that their request to extend the Exclusive
Periods is not intended to exert leverage over creditors or any
other party affected by these chapter 11 cases. The Debtors
continue to work closely with key stakeholders to develop a
consensual resolution of these chapter 11 cases that will maximize
the value of the Debtors' estates.
The Debtors further assert that termination of the Exclusive
Periods would adversely impact their efforts to preserve and
maximize the value of their estates and the progress of these
chapter 11 cases. Opening these chapter 11 cases up to a competing
plan process at this stage would benefit neither the Debtors nor
their creditors or stakeholders. Termination of the Exclusive
Periods would disrupt the critical work that has been and the
efforts of the Debtors to wind down their estates.
Moreover, it would substantially increase the costs of
administering these chapter 11 cases for no attendant benefit. The
Debtors are the best situated and most effective party to manage
the plan process and the wind-down of their estates for the benefit
of all stakeholders.
Counsel to the Debtors:
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
Robert J. Dehney, Sr., Esq.
Matthew O. Talmo, Esq.
Scott D. Jones, Esq.
Brianna N. V. Turner, Esq.
1201 N. Market Street, 16th Floor
Wilmington, Delaware 19801
Telephone: (302) 658-9200
Facsimile: (302) 658-3989
Email: rdehney@morrisnichols.com
mtalmo@morrisnichols.com
sjones@morrisnichols.com
bturner@morrisnichols.com
About HRHI Wind-down
HRHI Wind-down, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10674) on April 8,
2025, with $100,000,001 to $500 million in assets and liabilities.
Judge Thomas M. Horan presides over the case.
Scott Jones, Esq. at Morris, Nichols, Arsht & Tunnell represents
the Debtor as legal counsel.
IDEAL PROPERTY: Bridgeview Property Sale to Framos Properties OK'd
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Washington
has permitted Ideal Property Investments LLC to sell property
located at 8460 Thomas Avenue, Bridgeview, Illinois 60455, free and
clear of liens, claims, and encumbrances.
The Debtor was placed in a state court receivership on May 3, 2024,
at the request of creditor First Federal Bank. The Debtor owns
several parcels of real property. There are currently at least two
federal lawsuits and several state lawsuits alleging that Ideal’s
former manager and principal actor, Ryan
Wear, engaged in a massive fraud and Ponzi scheme, and further
alleging that the Ideal's Real Property may have been obtained
using, in part, funds involved in the fraud.
The Court has authorized the Debtor to sell the Property to Framos
Properties LLC for $775,000.
Joseph Fanelli of J. Fanelli Properties shall have the authority to
execute the Purchase Sale Agreement
and other documents necessary to complete the transaction
contemplated thereby, on behalf of
Ideal as its CRO.
The Court found that the Debtor has marketed the Property and
conducted the sale processes in a non-collusive, fair, and good
faith manner.
Ideal may sell the Bridgeview Property free and clear of all
interests, liens, claims and encumbrances of any kind or nature
whatsoever.
The Debtor may pay all costs of closing the Bridgeview Property,
including taxes, fees, utilities, commissions, and customary real
estate closing costs.
About Ideal Property Investments LLC
Ideal Property Investments, LLC is primarily engaged in renting and
leasing real estate properties. The company is based in Everett,
Wash.
Ideal Property Investments filed Chapter 11 petition (Bankr. E.D.
Wash. Case No. 24-01421) on September 5, 2024, with $50 million to
$100 million in assets and $100 million to $500 million in
liabilities.
Judge Frederick P. Corbit oversees the case.
Laurie Thornton, Esq., at DBS Law is the Debtor's bankruptcy
counsel.
INDY US: Moody's Hikes Rating on Secured Bank Loans to 'B1'
-----------------------------------------------------------
Moody's Ratings has upgraded the ratings to B1 from B2 on the
senior secured bank credit facilities (including backed and local-
and foreign currency instruments) which includes: 1st lien term
loan Bs and 1st lien revolving credit facilities at Indy US Holdco,
LLC as the borrower and Dutch and US subsidiaries, Indy Dutch Bidco
B.V., Indy US Bidco, LLC, and Nielsen Consumer Inc. as
co-borrowers. The outlook remains stable.
Moody's have also assigned a B1 corporate family rating (CFR), a
B1-PD probability of default rating (PDR), and a public SGL-2
speculative grade liquidity rating (SGL) to Indy US Holdco, LLC
("doing business as NielsenIQ"). At the same time, Moody's have
withdrawn the B2 CFR, B2-PD PDR, and the stable outlook at
Intermediate Dutch Holdings B.V., since it no longer provides its
own financial statements and Moody's will analyze the company using
NIQ Global Intelligence plc's financial statements going forward.
Moody's did not assign the CFR to NIQ Global Intelligence plc, the
IPO entity, as it sits above the restricted group in the structure.
Moody's have assumed that there are no material assets or
operations between NIQ Global Intelligence plc and the restricted
group.
"The ratings upgrade reflects NielsenIQ's much improved leverage
and financial position as a result of the about $1.05B IPO proceeds
that will be used to primarily repay debt", said Will Gu, a Moody's
Ratings analyst. "Moody's now expects a Q1 proforma leverage around
6.0x declining to about 5.1x at the end of 2025 through a
combination of organic growth and improved cost management."
RATINGS RATIONALE
NielsenIQ's cash flow situation also materially improves as a
result of about $100MM in annual interest expense savings,
including roughly $50MM in the second half of 2025. Improved
liquidity as a result of a fully undrawn and upsized revolver also
improves the outlook. The public net leverage target of 3.0x by the
end of FY2026, and a more prudent capital allocation strategy
further supports Moody's views.
NielsenIQ's B1 CFR benefits from: (1) its leading global positions
as a provider of data and analytics to consumer goods and retail
clients; (2) good geographic diversity, with operations in about 90
countries; and (3) a good track record of strong recurring revenue
because its offerings are embedded into clients' business
processes.
The rating is constrained by: (1) limited industry diversity, with
a majority of its business tied to large consumer goods companies
despite diversifying to technology and durables with the July 2023
merger with GfK SE (GfK); (2) a lack of a track record of operating
consistently at a lower financial leverage; and (3) event risk of
financial leverage elevating given its majority control by private
equity.
NielsenIQ has one class of secured debt, all rated B1. Indy US
Holdco, LLC as the borrower and Dutch and US subsidiaries, Indy
Dutch Bidco B.V., Indy US Bidco, LLC, and Nielsen Consumer Inc. as
co-borrowers, and all material subsidiaries of the borrowers are
guarantors. The security package is comprised of all assets of the
borrowers and the guarantors. The instruments are rated at the same
level as the CFR because they make up the bulk of the debt in the
capital structure.
NielsenIQ has good liquidity through June 30, 2025 with sources
approximating over $1 billion versus approximately $20 million of
term loan amortization. Sources of liquidity consists of cash of
$288 million at March 31, 2025 and full availability under the
company's revolving credit facility. Moody's expects around $90
million free cash flow over the next 12 months. NielsenIQ is
subject to a springing first lien net leverage covenant tested when
the outstanding revolver usage exceeds 35% of the revolver
commitment, and Moody's do not expect this threshold to be met.
NielsenIQ has limited ability to generate liquidity from asset
sales.
The outlook is stable because Moody's expects continued solid
operating performance and a eventual reduction in costs
contributing towards improved EBITDA such that financial leverage
is maintained below 5.0x over the next 12-18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if the company generates sustainable
revenue and EBITDA growth in the low-to-mid-single digits
percentage, Adjusted Debt/EBITDA falls below 4x, and improves its
liquidity position with greater positive free cash flow.
The ratings could be downgraded if there is material decline in
revenue or EBITDA or if the company sustains Debt/EBITDA above 5x.
The ratings could also be downgraded if liquidity becomes weak.
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.
NielsenIQ, headquartered in Chicago, Illinois, is a global provider
of retail measurement data, services and analytics to consumer
packaged goods and retail customers and to technology and durables
customers, following the merger with GfK.
IR4C INC: Hires Saunders Real Estate LLC as Real Estate Broker
--------------------------------------------------------------
IR4C, Inc., d/b/a Yes.Fit, seeks approval from the U.S. Bankruptcy
Court for the Middle District of Florida to hire Saunders Real
Estate LLC as real estate broker.
The firm's services include:
a. market the real estate;
b. negotiate with prospective buyers and soliciting offers to
purchase; and
c. contract to closing services.
The broker will receive a commission equal to 6 percent of the
purchase price.
As disclosed in the court filings, Saunders Real Estate represents
no interest adverse to Debtor as Debtor-in-Possession or the
estate.
The firm can be reached through:
Gary Ralston
Saunders Real Estate LLC
1723 Bartow Rd
Lakeland, FL 33801
Office: (877) 518-5263 x400
Cell: (863) 738-2246
Email: gary.ralston@saundersrealestate.com
About IR4C Inc.
IR4C, Inc., a company in Lakeland, Fla., is the owner and operator
of a mobile application fitness program using augmented reality to
create virtual "races." It conducts business under the name Yes.Fit
and Make Yes Happen.
IR4C filed Chapter 11 bankruptcy petition (Bankr. M.D. Fla. Case
No. 24-05458) on Sept. 13, 2024. In its petition, IR4C listed
total assets of $4,280,839 and total liabilities of $7,922,422.
IR4C President Kevin D. Transue signed the petition.
Judge Roberta A. Colton oversees the case.
The Debtor is represented by Samantha L. Dammer, Esq., at Bleakley
Bavol Denman & Grace.
IYA FOODS: Court OKs Bakery Equipment Sale to J&J Snack for $2.1MM
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois has
approved Iya Foods Inc. to sell bakery equipment, free and clear of
liens, claims, and encumbrances.
The Debtor has faced significant and ongoing operational and
financial challenges arising predominantly from persistent landlord
interference, which has threatened the viability of its bakery
manufacturing business.
The Debtor has determined that the most prudent path forward is to
transition away from its manufacturing operations and revert to its
earlier, profitable business model focused on the import and export
of food products.
The Court has authorized the Debtor to the sell bakery equipment to
J & J Snack Foods Corp. in the purchase price of $2,100,000.
The Debtor's sale of the Purchased Assets to the Buyer is free and
clear of all Interest.
The Debtor is authorized to transfer the Purchased Assets to the
Buyer on the Closing Date, and such transfer shall constitute a
legal, valid, binding, and effective transfer of such Purchased
Assets and shall vest Buyer with title to the Purchased Assets free
and clear of all Interests.
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., at Dickinson Wright PLLC, in Chicago,
Illinois.
J AND A 5TH AVE: Hires Scura Wigfield Heyer as Legal Counsel
------------------------------------------------------------
J and A 5th Ave LLC seeks approval from the U.S. Bankruptcy Court
for the District of New Jersey to employ Scura, Wigfield, Heyer,
Stevens & Cammarota LLP as attorneys.
The firm's services include:
(a) advise the Debtor regarding its powers and duties in the
operation of its business;
(b) represent the Debtor in bankruptcy matters and adversary
proceedings; and
(c) perform all legal services for the Debtor which may be
necessary.
The hourly rates of the firm's counsel and staff are as follows:
Partners $550
Associates $395
Law Clerk $275
Paralegals $195
Legal Assistants $150
David Stevens, Esq., an attorney at Scura, Wigfield, Heyer, Stevens
& Cammarota, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
David L. Stevens, Esq.
Scura, Wigfield, Heyer, Stevens & Cammarota LLP
1599 Hamburg Turnpike
Wayne, NJ 07470
Telephone: (973) 696-8391
Email: dstevens@scura.com
About J and A 5th Ave LLC
J and A 5th Ave LLC is a single asset real estate company that owns
property at 42 Linn Road in Nutley, New Jersey.
J and A 5th Ave LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-15537) on May 27, 2025.
In its petition, the Debtor reports estimated assets up to $50,000
and estimated liabilities between $100,000 and $500,000.
Honorable Bankruptcy Judge Stacey L. Meisel handles the case.
J&L LANDSCAPE: Unsecured Creditors to Split $10K in Plan
--------------------------------------------------------
J&L Landscape Services, LLC, filed with the U.S. Bankruptcy Court
for the Western District of Washington a Plan of Reorganization
dated July 31, 2025.
The Debtor operates as a landscape business providing routine
landscape maintenance services, landscape construction, and outdoor
living construction services.
In an effort to keep the business open and retain employees, the
Debtor obtained multiple merchant cash advance loans, all of which
carried a high interest rate. The loans were obtained with the hope
of seeing a shift in revenue that would put the business back on
track; however, due to the outstanding debt incurred and large
required payments, it became increasingly difficult to service the
debt incurred.
Facing mounting collection pressure, including a lien on bank
funds, customers, and the payment processor of the business, a
Petition was filed under Chapter 11, Subchapter V on May 2, 2025 in
an effort to reorganize the outstanding debt owed and allow the
Debtor to continue operating.
Class 5 consists of General Unsecured claims. Allowed Class 5
claims will be paid a prorata share of $10,000.00. This will be
paid at $195.00 per month beginning January, 2026. To maximize
efficiency for Class 5 claims and the Debtor, the Debtor may pay
the total amount to be received under the plan to each creditor as
a lump sum payment if the total amount to be received by individual
creditors is $100.00 or less. This Class is impaired.
The Plan will be funded with revenue from the Debtor's operation.
It is anticipated the Debtor's fixed expenses will remain
relatively constant moving forward with variable expenses
increasing proportionately with revenue. Debtor expects the income
and expenses to remain consistent through the life of the Plan.
The Reorganized Debtor shall continue to own, maintain, operate and
manage the Business without further notice or order of the
Bankruptcy Court. Creditors may not take any actions (including,
without limitation, lawsuits or other legal actions, levies,
attachments, or garnishments) to enforce or collect either
preconfirmation obligations or obligations due under the Plan, so
long as the Debtor is not in material default under the Plan.
A full-text copy of the Plan of Reorganization dated July 31, 2025
is available at https://urlcurt.com/u?l=YQ15Rr from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jennifer L. Neeleman, Esq.
Neeleman Law Group, PC
1403 8th Street
Marysville, WA 98270
Telephone: (425) 212-4800
Email: jennifer@neelemanlaw.com
About J&L Landscape Services
J&L Landscape Services, LLC is a Marysville, Washington-based
landscaping that provides professional landscaping services
including design, installation, and maintenance, with operations
spanning residential and commercial properties in Snohomish
County.
J&L Landscape Services sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. W.D. Wash. Case No.
25-11215) on May 2, 2025. In its petition, the Debtor reported
between $100,000 and $500,000 in assets and between $500,000 and $1
million in liabilities.
Judge Timothy W. Dore oversees the case.
The Debtor is represented by Thomas D. Neeleman, Esq., at Neeleman
Law Group, P.C.
J4G LLC: Gets Interim OK to Use Cash Collateral Until Sept. 23
--------------------------------------------------------------
J4G, LLC got the green light from the U.S. Bankruptcy Court for the
Southern District of Texas, Houston Division, to use cash
collateral.
The court's order authorized the Debtor's interim use of cash
collateral through September 23 to pay operating expenses in
accordance with its budget.
As adequate protection for the use of their cash collateral, the
U.S. Small Business Administration and other secured creditors will
be granted replacement liens on cash collateral generated and
property acquired by the Debtor after its Chapter 11 filing, with
the same priority and extent as their pre-bankruptcy liens. The
replacement liens do not apply to any Chapter 5 causes of action.
In addition, the Debtor was ordered to make monthly payments of
$1,000 to SBA, starting on September 1.
The Debtor's obligations to pay adequate protection and escrow
funds will terminate upon confirmation of a reorganization plan or
dismissal or conversion of the case. If the case is converted, any
trustee appointed will not have authority to use cash collateral
without further order of the court.
The final hearing is set for September 24.
The Debtor relies entirely on its operating revenue to fund
payroll, lease payments, inventory purchases, and general operating
expenses. As such, it urgently requires access to cash collateral
to continue operations and avoid a shutdown.
The Debtor identified two potential secured creditors with liens on
cash collateral through UCC-1 filings: the SBA, which holds a
blanket lien and is scheduled as a secured creditor with a claim of
$1.2 million, and WebBank, which is listed as a disputed and likely
unsecured creditor due to its junior lien position. The SBA's
collateral is significantly undersecured, as the Debtor's total
assets are valued at only $220,827, leaving a deficiency of
approximately $880,631.
About J4G,LLC
J4G, LLC dba Landscape Depot operates as a construction and
landscaping materials supplier in Texas. The Company offers
landscape equipment and tool rentals for residential and commercial
clients. It is also associated with food service operations under
the names City Hall Cafe & Pie Bar, City Hall Cafe & Grocery,
Jalepenos and with utility and construction services under the name
Mercer Contracting.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34347) on July 30,
2025. In the petition signed by Jean Ann Robinson, owner, the
Debtor disclosed $220,827 in total assets and $1,264,037 in total
debts.
Judge Jeffrey P. Norman oversees the case.
Robert C. Lane, Esq. at The Lane Law Firm, represents the Debtor as
bankruptcy counsel.
LAURENT TOWER: Hires Hilco Real Estate LLC as Real Estate Agent
---------------------------------------------------------------
Laurent Tower, LLC seeks approval from the U.S. Bankruptcy Court
for the Western District of Texas to employ Hilco Real Estate, LLC
as its real estate agent.
Hilco will provide these services:
(a) meet with the Debtor to ascertain goals, objectives, and
financial parameters in selling the property and develop a sales
strategy;
(b) solicit interested parties and market the property through
an accelerated sales process; and
(c) negotiate sale terms at the Debtor's direction and on the
Debtor's behalf.
Under the terms of the engagement, Hilco will receive:
-- a commission of 5% of the gross sale proceeds;
-- 1% of the credit bid plus 5% of any cash or other
consideration if First State Bank Louise purchases the property via
credit bid;
-- capped reimbursement for out-of-pocket expenses not to exceed
$30,000; and
-- additional compensation if the Debtor closes with a party
identified by Hilco within 120 days after termination of the
agreement.
Hilco is a disinterested person as defined in Sections 101(14) and
327 of the Bankruptcy Code. It holds no prepetition or postpetition
claims and has no connections with the U.S. Trustee or any
interested party.
The firm can be reached at:
Jeffrey Azuse
Hilco Real Estate, LLC
5 Revere Drive, Suite 320
Northbrook, IL 60062
Tel: (847) 418-2703
Fax: (847) 897-0826
Email: jazuse@hilcoglobal.com
About Laurent Tower LLC
Laurent Tower LLC is a real estate company based in Victoria,
Texas. It operates the Victoria Tower, a six-story Class A office
building offering 105,000 square feet of office space.
Laurent Tower LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-10669) on May 5,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Shad Robinson handles the case.
The Debtor is represented by Ronald Smeberg, Esq. at THE SMEBERG
LAW FIRM.
LENDINGTREE INC: S&P Rates New Senior Secured Credit Facility 'B'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'B' issue-level rating and '3'
recovery rating to LendingTree Inc.'s proposed $75 million senior
secured revolving credit facility maturing in 2030 and $400 million
senior secured term loan maturing in 2030. The '3' recovery rating
indicates its expectation for meaningful (50%-70%; rounded
estimate: 65%) recovery for lenders in the event of a payment
default.
The company plans to use the proceeds from the new term loan to
repay its term loan maturing in 2028 ($242.5 million outstanding as
of June 30, 2025) and term loan maturing in 2031 ($160.3 million
outstanding as of June 30, 2025).
The 'B' issuer credit rating and positive outlook on LendingTree
are unchanged. The proposed transaction is leverage neutral but
will extend the company's debt maturity profile and increase
covenant headroom. Pro forma for the recent repayment of its
convertible notes due July 15, 2025, LendingTree's S&P Global
Ratings-adjusted gross leverage was about 4.3x for the last 12
months ended June 30, 2025, with free operating cash flow (FOCF) to
debt above 10%.The positive outlook reflects that S&P could raise
its ratings if LendingTree is able to maintain leverage comfortably
below 5x, with FOCF to debt coverage approaching 10%, despite
potential headwinds from an uncertain macroeconomic environment
over the next 12 months.
Issue Ratings--Recovery Analysis
Key analytical factors
-- Pro forma for the transaction, LendingTree Inc. will be the
borrower of a $75 million senior secured revolving credit facility
maturing in 2030 and a $400 million senior secured term loan
maturing in 2030.
-- The debt will be secured by a pledge of all the assets and
stock of eligible subsidiaries and guaranteed by substantially all
of LendingTree's subsidiaries.
Simulated default assumptions
-- S&P's simulated default scenario considers a default in 2028
due to a combination of intense competition from better capitalized
peers, pricing pressure, and a sharp decline in advertising and
marketing spending. Eventually, LendingTree's liquidity and capital
resources become strained to the point that it cannot operate
absent a default.
-- Other default assumptions include an 85% draw on the revolving
credit facility; the spread on the revolving credit facility rises
to 5% as the company obtains covenant amendments; and all debt
includes six months of prepetition interest.
-- S&P values LendingTree on a going-concern basis using a 6x
multiple of its projected emergence EBITDA, which is in line with
what it uses for peers of a similar size and business strength.
Simplified waterfall
-- EBITDA at emergence: $54 million
-- EBITDA multiple: 6x
-- Gross enterprise value: $323 million
-- Net enterprise value (after 5% administrative costs): $307
million
-- Value available for senior secured debt claims: $307 million
-- Estimated senior secured debt claims: $469 million
--Recovery expectations: 50%-70% (rounded estimate: 65%)
LEVEL 3 FINANCING: Fitch Rates First Lien Secured Notes 'B+'
------------------------------------------------------------
Fitch Ratings has assigned a 'B+' rating with a Recovery Rating of
'RR1' to Level 3 Financing, Inc.'s first lien senior secured notes
offering. Fitch has also placed the notes on Rating Watch Positive
(RWP). The notes will be pari passu with Level 3 Financing's
existing first lien senior secured borrowings.
Level 3 Financing intends to use proceeds from the issuance to
partially redeem its 11% first lien senior secured notes due 2029.
If upsized, the company intends to use the upsized proceeds, and
cash on hand, to partially or fully redeem the existing Level 3
Financing 11% first lien senior secured notes due 2029 and to
partially redeem the Level 3 Financing 10.75% first lien senior
secured notes due 2030.
Key Rating Drivers
AT&T Transaction Offers Material Delevering: The sale of Level 3's
Mass Markets fiber-to-the-home (FTTH) segment to AT&T for
approximately $5.75 billion is expected to close in the first half
of 2026. Fitch views the sale as a material milestone in both
delevering the balance sheet and realigning the business to focus
on enterprise opportunities. Fitch expects Lumen to receive
approximately $4.2 billion in net cash proceeds from the sale,
which the company has stated will be used to repay all its
super-priority debt.
Refinancing Improves Balance Sheet: Level 3 Financing recently
tapped the capital markets to push out and stagger maturities and
lower its interest expense. Investor demand to participate in the
transaction was significant enough for the company to double its
initial offering size, from $1 billion to $2 billion, with a coupon
of 6.875% and using the proceeds to repay existing first lien
senior secured notes with coupons in the 10.5% to 11% range,
ultimately saving the company approximately $48 million in annual
cash interest expense.
Eased Refinancing Pressures: The recent Level 3 refinancing,
coupled with expected paydowns after the AT&T deal closes, provides
the company with healthy breathing room regarding its maturity
obligations, as the credit will not face another significant
maturity until 2028.
PCF Deals Help Liquidity: Recent private connectivity fabric (PCF)
contract wins of approximately $9 billion, with corresponding
initial cash payments currently being received and continuing to be
received over the next couple of years, have significantly
bolstered Lumen's near-term liquidity and indicate the asset value
inherent in parts of its network. The contracts include the
provision of dark fiber and other services to Microsoft Corporation
and other hyperscaler, social media and technology companies. The
contracts are long term, some for up to 20 years.
Expected Decline in Capex: The sale of its Mass Markets FTTH
business to AT&T is expected to reduce overall annual capital
expenditures by approximately $1 billion, or nearly one-fourth of
overall capex, while the revenue and EBITDA impact is much smaller
at roughly 3%-6%, by Fitch's estimate. Moreover, after the heavy
capex spend in 2025 to support initial PCF contract wins, the
company anticipates a gradual decline in capital intensity in the
later years of the rating period.
Telecoms Faces Challenges: Lumen faces similar industry-wide
challenges as other wireline operators, as customers migrate to
newer products and services from legacy offerings. The company
seeks to address these challenges more aggressively through
increased investment in its enterprise business and the upcoming
sale of its consumer fiber assets to AT&T. Execution risk exists
regarding this strategy, but Fitch believes the investments could
eventually support revenue growth over time.
Parent-Subsidiary Relationship: Fitch equalizes the ratings of
Lumen and Level 3 Parent, LLC (the guarantor of Level 3 Financing's
debt) as well as Qwest Corporation and Qwest Capital Funding. This
is based on a stronger subsidiary/weaker parent approach amid open
legal ringfencing and open access and control.
Peer Analysis
Lumen has a solid competitive position based on the scale and size
of its wireline operations in the enterprise/business services
market. Its business segment, which comprised nearly 80% of its
2024 revenue, is smaller than both AT&T Inc. (BBB+/Stable) and
Verizon Communications Inc. (A-/Stable). All three companies have
extensive U.S. footprints. AT&T and Verizon maintain lower
financial leverage, generate materially higher EBITDA and FCF, and
have wireless offerings providing more service diversification
compared with Lumen.
Lumen has not displayed an ability to stabilize its revenue or
EBITDA and does not yet generate sustainable FCF, unlike its larger
peers. Lumen has a larger enterprise business that differentiates
it from other wireline operators, such as Windstream Services, LLC
(B/Watch Evolving) and Frontier Communications Parent, Inc.
(B+/Watch Positive).
Key Assumptions
- Revenue declines in the low single digits in 2025, expected to
remain in the same range through 2028;
- EBITDA margins flat in 2025 due to ramp-up costs from PCF deals
partially offset by ongoing cost savings, but are expected to
improve in subsequent years to reach the low-to-mid-30% range,
given it will no longer be supporting its consumer FTTH business
coupled with enterprise margin expansion from recognition of PCF
deals;
- Capex increases significantly in 2025 to facilitate new PCF
deals, but expected to decline starting in 2026 due to selling its
consumer FTTH business to AT
- Positive FCF in 2025, driven by upfront cash receipts from PCF
deals;
- Fitch assumes $4.2 billion in cash proceeds in 2026 from the
consumer FTTH sale to AT&T, and subsequent paydown of all
super-priority debt.
Recovery Analysis
Fitch undertakes a tailored analysis of recovery upon default for
each issuance for entities rated 'B+' and below, where default is
closer and recovery prospects are more meaningful to investors. The
resulting debt instrument rating includes a Recovery Rating (scale
from 'RR1' to 'RR6') and is notched from the IDR accordingly. This
analysis has three steps: estimating the distressed enterprise
value (EV), estimating creditor claims, and distribution of value.
Fitch assumes Lumen would emerge from a default scenario through
the GC approach rather than liquidation. Fitch has conducted two
separate recovery analyses incorporating the primary borrower
entities: Level 3 Financing, Qwest Corporation and Lumen
Technologies.
Key assumptions in each recovery analysis:
Level 3 Financing, Inc.
GC EBITDA: Assumed at $1.2 billion, below Fitch's 2025 projection,
reflecting revenue pressures and EBITDA margins trending toward the
low-20% range, indicating potential competitive and pricing
challenges in bankruptcy.
EV Multiple: A 5.5x multiple is applied, aligned with Fitch-rated
peer Frontier Communications and supported by sector trading
multiples, M&A activity, and bankruptcy precedents in TMT.
Qwest Corporation
GC EBITDA: Assumed at $2.0 billion, higher than previous $1.73
billion, but below the 2025 projection. This factors the likely
completion of the AT&T transaction and the use of proceeds to repay
super-priority debt. Fitch will reassess if the transaction or
related debt repayment does not proceed as expected.
EV Multiple: A 5.0x multiple is used, lower than Level 3 and
Frontier Communications due to greater secular pressures in local
business segments, but similarly supported by market and bankruptcy
benchmarks.
Lumen Technologies, Inc.
Given Lumen's super-priority debt guarantee (under the 2024 TSA
agreement) and Lumen's ability to transfer 49% of of Qwest
Corporation assets to other subsidiaries within the Lumen
structure, Fitch believes this super-priority debt would take
precedence in bankruptcy. Fitch assumes the remaining 51% of
Qwest's value, after the first 49% is exhausted, could allow
Qwest's senior unsecured notes to recover in line with any
deficiency claims of the second-out super-priority instruments and
the secured intercompany loan to Level 3.
Fitch estimates that all Lumen super-priority debt and Qwest senior
unsecured notes would recover at an 'RR1' level, while the first
lien term loan B, Qwest Capital Funding unsecured notes, and
Lumen's unsecured notes would be 'RR6' under current assumptions.
For senior unsecured instruments issued by Qwest Corp., Fitch's
Corporates Recovery Ratings and Instrument Ratings Criteria
indicates unsecured instruments for 'CCC+' IDR issuers are capped
at 'RR2'. However, this cap may be exceeded in instances when the
issuer is a structurally senior subsidiary issuer in a multi-level
corporate group structure, which Fitch believes applies to this
scenario.
RATING SENSITIVITIES
Fitch anticipates resolving the Rating Watch Positive upon
completion of the Mass Markets transaction and subsequent debt
reduction, which is expected to close by mid-year 2026.
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- A weakening of Lumen's operating results, including deteriorating
margins and consistent mid-single-digit or greater revenue
erosion;
- Increased liquidity pressure or difficulties refinancing parts of
the capital structure.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Closure of the Mass Markets fiber asset sale and expected debt
paydown;
- Operating fundamentals improve, including sustained revenue and
EBITDA growth or positive FCF;
- Capital structure changes that are positive for the overall
credit profile.
Liquidity and Debt Structure
As of 2Q25, Lumen had $1.57 billion in cash and equivalents
supported by asset sales, tax refunds, and upfront payments from
long-term hyperscaler contracts. It also had approximately $723
million available on its super-priority senior secured revolvers.
Fitch projects positive free cash flow (FCF) for 2025, in line with
management's updated $1.2 billion to $1.4 billion guidance, mainly
due to upfront PCF contract receipts. However, FCF losses may
return in 2026-2027 without improvements in the core business or
further debt and cost reductions.
Lumen has over $18 billion in pro forma debt, excluding finance
leases and certain adjustments, spread across term loans and
secured/unsecured notes at three main borrowing entities. Its
super-priority debt is secured by guarantees from Qwest,
CenturyTel, Wildcat Holdco and other subsidiaries, with additional
unsecured guarantees from Qwest Corporation.
Some revolving facility debt also benefits from Level 3 subsidiary
guarantees, although these will decrease as assets shift. Lumen
also has a $1.2 billion secured intercompany loan and a $1.825
billion unsecured intercompany revolver. Super-priority secured
debt covenants limit net leverage to 5.50x (5.25x after December
2025) and require at least 2.0x interest coverage.
Issuer Profile
Lumen is one of the largest U.S. wireline providers. Much of its
business is focused on the enterprise market, although it also
serves residential customers. It is publicly traded on the NYSE
under the ticker LUMN.
Date of Relevant Committee
15-Jul-2025
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
Level 3 Financing, Inc.
senior secured LT B+ New Rating RR1
LEVEL 3 FINANCING: Moody's Rates New Secured First Lien Notes 'B1'
------------------------------------------------------------------
Moody's Ratings assigned a B1 rating to Level 3 Financing, Inc.'s
(Level 3) backed senior secured first lien notes due 2034. The
rating on the notes was also placed on review for upgrade. All
other credit ratings at Lumen Technologies, Inc. (Lumen), Level 3
and Qwest Corporation (Qwest) remain on review for upgrade,
including Lumen's B3 corporate family rating and B3-PD probability
of default rating. Lumen's SGL-1 Speculative Grade Liquidity Rating
(SGL) also remains unchanged. The outlooks for Lumen, Level 3 and
Qwest remain Ratings Under Review.
Proceeds from the proposed offering will be used to partially
refinance Level 3 11.00% backed senior secured notes due 2029, and
if an upsizing occurs, the company will use the remaining proceeds
to repay all of its 11% notes first and then partially repay Level
3 10.750% backed senior secured first lien notes due 2030. Moody's
expects this refinancing to be leverage neutral. The proposed
senior secured first lien notes contain no financial covenants. Pro
forma for this refinancing, Moody's projects Lumen's total
debt-to-EBITDA (inclusive of Moody's adjustments) will be around
5.1x at year-end 2025. At the close of the transaction, Moody's
expects to withdraw the ratings of the existing Level 3 11.0%
backed senior secured first lien notes due 2029, if the obligations
are no longer outstanding.
The B1 rating assigned to the senior secured first lien notes is
two notches above Lumen's CFR reflecting its structural seniority
to Level 3's backed senior secured second lien notes rated B3, and
backed senior unsecured notes rated Caa1, and all the debt at Lumen
(except to the extent of the guarantees of the super priority
revolving credit facilities at Lumen).
RATINGS RATIONALE
Lumen's ratings remain on review for upgrade. The ratings on review
for upgrade reflects (i) the announced sale of the company's Mass
Market fiber-to-the-home (FTTH) business to AT&T Inc. (Baa2 stable)
for a total of $5.75 billion in cash, and (ii) the company's stated
objective of using all the net proceeds from the sale and some cash
on hand to retire $4.8 billion worth of outstanding debt, reducing
Lumen's (the parent) financial leverage (total debt-to-EBITDA) by
more than 1.0x turn of EBITDA. The review for upgrade reflects
Moody's expectations that Lumen's credit quality will materially
improve upon closing of the sale transaction.
Lumen's existing B3 CFR reflects the company's high leverage,
sizable capex program and elevated execution risks associated with
the company's on-going plans to modernize and expand its fiber rich
network. In addition, Moody's rating considers the continued
declining revenue and EBITDA trends mainly driven by the Mass
Market division, and the remaining uncertainty around the pace of
recovery in earnings. To offset these competitive challenges Lumen
is aggressively reinvesting in its business division to (i) deliver
compelling value add solutions such as network-as-a-service for its
enterprise customers, and (ii) deploy additional fiber strands to
meet growing demand from large corporations to secure future fiber
capacity. As a result, in the short term, Moody's expects capex
spending and operating expenses to remain elevated negatively
impacting the company's credit profile until year end 2026.
At the same time Moody's rating considers the company's very good
liquidity and recent customer wins. As of June 30, 2025, Lumen had
secured approximately $9.0 billion in new orders to provide fiber
capacity and network management to large customers (including AWS,
Google, Meta and Microsoft). These twenty year contracts were
structured with upfront cash payments to be received between 2024
and 2027, materially strengthening the company's near term free
cash flow and liquidity.
The SGL-1 speculative grade liquidity rating reflects Moody's
expectations that Lumen will have very good liquidity over the next
12 months, supported by (i) around $1.6 billion in cash as of June
30, 2025 (ii) about $723 million in availability (net of $231
million in letter of credits) under the company's approximately
$954 million senior secured revolving credit facility expiring in
June 2028, (iii) Moody's expectations of around $850 million of
free cash flow in 2025, and (iv) a long dated debt maturity
schedule with no significant maturities due prior to 2028.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Moody's reviews for upgrade will focus on the transaction
concluding as planned and the expected post-transaction debt
structure, liquidity and financial policies. Furthermore, the
review will (i) consider execution risks associated with the
company's capex program to expand its business segment
infrastructure and (ii) evaluate the revenue contribution from
hyperscalers and operating improvement as the company shifts its
primary focus to the business segment.
Headquartered in Monroe, Louisiana, Lumen Technologies, Inc., is an
integrated communications company that provides an array of
communications services to large enterprise, mid-market enterprise,
government and wholesale customers in its larger Business segment.
The company's smaller Mass Markets segment primarily provides
broadband services to its residential and small business customer
base.
The principal methodology used in this rating was
Telecommunications Service Providers published in November 2023.
LIGADO NETWORKS: Seeks to Extend Plan Exclusivity to November 3
---------------------------------------------------------------
Ligado Networks LLC and 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
November 3 and December 31, 2025, respectively.
Based on the relevant factors, there is more than sufficient cause
here to approve the requested extension of the Exclusive Periods,
including, but not limited to:
* These Chapter 11 Cases are Large and Complex. The Debtors
are 11 separate entities operating a complex satellite network
across the United States and Canada, providing mobile satellite
services to government and commercial customers. The Plan will
significantly simplify the Debtors' balance sheet eliminating the
prepetition debt, emerging with just a single Exit First Lien
Facility. These facts alone, and the corresponding complexity of
the Debtors' business and corporate structure, warrant extension of
the Exclusive Periods.
* The Debtors Have Continued to Pay Operating Expenses. The
Debtors have continued to pay all of their undisputed postpetition
expenses in the ordinary course of business or as otherwise
provided by an order of the Court.
* Additional Time is Necessary. Although the Debtors have made
good progress toward confirmation of the Plan, given the size and
complexity of these chapter 11 cases, the Debtors require
additional time to ensure they can address any remaining
restructuring issues, obtain confirmation of the Plan and implement
the Plan in accordance with its terms, in an efficient and
organized manner.
* This is Only the Debtors' Second Exclusivity Extension
Request. This request for an extension of the Exclusivity Periods
is only the second such request and comes approximately seven
months after the Petition Date. During this time, the Debtors have
accomplished a great deal, including reaching a settlement with
Inmarsat, filing the Plan and soliciting votes thereon, and
preparing to go forward with a hearing to confirm the Plan.
* The Debtors Have Filed a Confirmable Plan With Broad-Based
Support. The Debtors filed the Plan with the broad-based support of
creditors and, having obtained this Court's approval of the
Disclosure Statement, solicited votes in connection therewith.
* An Extension Will Not Prejudice Creditors. The Debtors are
not seeking an extension of the Exclusive Periods to pressure or
prejudice any of their stakeholders, all of which have an interest
in the Debtors being able to proceed to the confirmation of the
Plan.
Co-Counsel for the Debtors:
Mark D. Collins, Esq.
Michael J. Merchant, Esq.
Amanda R. Steele, Esq.
Emily R. Mathews, Esq.
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
920 North King Street
Wilmington, DE 19801
Telephone: (302) 651-7700
Facsimile: (302) 651-7701
Email: collins@rlf.com
merchant@rlf.com
steele@rlf.com
mathews@rlf.com
-and-
Dennis F. Dunne, Esq.
Matthew L. Brod, Esq.
Lauren C. Doyle, Esq.
MILBANK LLP
55 Hudson Yards
New York, New York 10001
Telephone: (212) 530-5000
Facsimile: (212) 530-5219
Email: ddunne@milbank.com
mbrod@milbank.com
ldoyle@milbank.com
Andrew M. Leblanc, Esq.
MILBANK LLP
1850 K Street, NW, Suite 1100
Washington DC 20006
Telephone: (202) 835-7500
Facsimile: (202) 263-7586
Email: aleblanc@milbank.com
About Ligado Networks
Ligado Networks, formerly LightSquared, provides mobile satellite
services. The Debtor's satellite and terrestrial solutions,
combined with powerful, lower mid-band spectrum, serve to
supplement and broaden mobile coverage across the United States and
Canada. On the Web: http://www.ligado.com/
On January 5, 2025, Ligado Networks LLC and certain of its
affiliates each filed a voluntary petition for relief under Chapter
11 of the United States Bankruptcy Code (Bankr. D. Del. Lead Case
No. 25-10006).
Perella Weinberg Partners LP is serving as investment banker to
Ligado, FTI Consulting, Inc. is serving as financial advisor,
Milbank LLP is serving as legal counsel, and Richards, Layton &
Finger P.A. is serving as co-counsel. Omni Agent Solutions LLC is
the claims agent.
An ad hoc group of first lien creditors is being advised by
Guggenheim Securities, LLC as financial advisor, and by Sidley
Austin LLP as counsel. An ad hoc group of crossholding creditors is
being advised by Kirkland & Ellis LLP.
LINDA FLORA: Seeks to Hire Lewis Phon as Bankruptcy Counsel
-----------------------------------------------------------
Linda Flora D 1341 seeks approval from the U.S. Bankruptcy Court
for the Central District of California to hire The Law Office of
Lewis Phon as counsel.
The firm will provide these services:
a. assist with the preparation of its Chapter 11 Petition;
b. prepare its schedules;
c. provide with advice and counseling as to bankruptcy
proceedings;
d. respond to court documents and pleadings;
e. prepare a Chapter 11 plan and disclosure statement; and
f. attend court hearings on its behalf, and to prepare final
decree.
The firm will be paid at $375 per hour.
The firm will be paid a retainer in the amount of $12,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Lewis Phon, Esq., a partner at Law Office of Lewis Phon, 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:
Lewis Phon, Esq.
Law Office of Lewis Phon
4040 Heaton Court
Antioch, CA 94509
Telephone: (925) 470-8551
Facsimile: (925) 706-7600
About Linda Flora D 1341
Linda Flora D 1341 is a Los Angeles, CA-based real estate company
with principal assets located at 1341 Linda Flora Drive in Los
Angeles.
Linda Flora D 1341 sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-15742) on July 8,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Deborah J. Saltzman handles the case.
The Debtors are represented by Lewis Phon, Esq. at Law Office of
Lewis Phon.
M.L.B. DESIGNS: Gets Interim OK to Use Cash Collateral
------------------------------------------------------
M.L.B. Designs, Inc. got the green light from the U.S. Bankruptcy
Court for the Central District of California, Riverside Division,
to use cash collateral.
The court authorized the Debtor's interim use of cash collateral
through August 30 to pay its operating expenses in accordance with
its budget.
As adequate protection, any creditor that holds a valid, duly
perfected lien on the cash collateral will be granted replacement
liens on cash and accounts receivable generated by the Debtor after
its Chapter 11 filing.
The replacement liens will have the same validity and priority as
the secured creditors' pre-bankruptcy liens.
A final hearing is set for August 28.
The Debtor, which generated $12.3 million in revenue in 2024,
asserted that the use of cash collateral is essential to
maintaining its operations, fulfilling customer orders, acquiring
inventory, paying employees and contractors, and preserving the
value of its business during bankruptcy.
As of the bankruptcy filing, the Debtor reported approximately
$2,500 in cash, $213,000 in receivables, and nearly $894,000 in
inventory. Its primary secured creditors include Wells Fargo
($270,000), Nemec Holdings ($643,000), and Northpoint Commercial
Finance ($215,000), each of whom claims a security interest in the
Debtor's assets. The Debtor also owes approximately $1.18 million
in general unsecured debts and disputes an additional $568,000 in
debt allegedly owed to various merchant cash advance lenders.
The Debtor's financial crisis was caused in large part by predatory
lending practices from merchant cash advance (MCA) firms, which
provided high-interest, short-term loans under questionable or even
fraudulent circumstances. These lenders often extracted weekly
payments through automatic bank account access and imposed usurious
interest rates—some exceeding 90% annually. The Debtor detailed
specific examples, including loans from UFS West LLC, Swift Funding
(which the Debtor alleges was obtained via forgery), and Everest
Business Funding, all of which contributed to an unsustainable debt
burden. Between 2023 and 2024, the Debtor made over $640,000 in
payments to MCA lenders, leading to net losses of $315,000 and
$34,000, respectively, despite increasing revenues.
Operational challenges were compounded in 2023 by a minority
partner who secretly started a competing business and diverted
sales, further weakening the Debtor's financial position. With no
access to traditional financing and unable to meet the escalating
obligations to MCA firms, the Debtor fell into a cycle of borrowing
and defaulting, eventually leading to the decision to seek
protection under Chapter 11. The Debtor believes that bankruptcy,
particularly through Subchapter V, provides the only realistic path
to restructure its debts, shed illegal or fraudulent financial
obligations, and return to profitability.
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. It 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 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 reported between $1
million and $10 million in assets and liabilities.
Honorable Bankruptcy Judge Scott H. Yun handles the case.
The Debtor is represented by David B. Zolkin, Esq., at Weintraub,
Zolkin, Talerico & Selth, LLP.
MARI ARI: Court Extends Cash Collateral Access to Aug. 27
---------------------------------------------------------
Mari Ari International, Inc. received another extension from the
U.S. Bankruptcy Court for the Southern District of Texas, Houston
Division, to use cash collateral.
The court authorized the Debtor to use its cash collateral to fund
operations for the period from July 31 to August 27 under the same
terms and conditions as previously authorized by the court in its
interim order dated July 21.
The Debtor's four-week budget shows total operational expenses of
$61,708.71.
As adequate protection, pre-bankruptcy secured lenders will
continue to have the same liens, encumbrances and security
interests in the cash collateral generated or created after the
Debtor's Chapter 11 filing, plus the proceeds thereof, as existed
prior to the filing date. These liens are subject and subordinate
to a fee carveout.
The lenders are Mink Hair Ltd, WebBank (CHTD), NewTek Bank, N.A.,
Forward Financing, LLC, Legend Advance Funding II, LLC, Square
Capital, LLC, Simply Funding, LLC and the U.S. Small Business
Administration.
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.
NewTek Bank, N.A., as lender, is represented by:
Lisa A. Powell, Esq.
FisherBroyles, LLP
2925 Richmond, Ave., Suite 1200
Houston, TX 77098
Phone: (713) 955-3302
Fax: (713) 488-9412
lisa.powell@fisherbroyles.com
MARIN SOFTWARE: Court OKs Final DIP Order and Disclosure Statement
------------------------------------------------------------------
Marin Software Incorporated disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that on July 29,
2025, the U.S. Bankruptcy Court for the District of Delaware
entered the Final Order Pursuant To 11 U.S.C. Sections 105, 361,
362, 363(c), 364(c)(1), 364(c)(2), 364(d)(1), 364(e) And 507:
(I) Authorizing the Company To:
(A) Obtain Postpetition Secured Financing From YYYYY, LLC;
(B) Utilize Cash Collateral; And
(C) Pay Certain Related Fees And Charges;
(II) Granting Adequate Protection To The Prepetition Lender;
(III) Modifying The Automatic Stay; And
(IV) Granting Certain Related Relief [Docket No. 79] ("Final DIP
Order").
Among other things, the Final DIP Order approved, on a final basis,
the Company's obtaining financing pursuant to that certain
post-petition promissory note (the "DIP Note"), by and among the
Company and YYYYY, LLC ("5Y"), in an aggregate maximum principal
amount of $1,200,000 (the "DIP Financing"), of which $500,000
became available upon the Bankruptcy Court's entry of an interim
order on July 3, 2025.
On July 30, 2025, the Bankruptcy Court entered orders granting
relief on several motions filed by the Company. Among others, the
Bankruptcy Court entered the Order:
(I) Granting Conditional Approval Of The Adequacy Of Disclosures In
The Combined Disclosure Statement And Plan;
(II) Scheduling A Combined Hearing On:
(A) The Adequacy Of The Disclosure Statement,
(B) Confirmation Of The Plan, And
(C) The Assumption Or Rejection Of Executory Contracts And
Cure Amounts, And Setting Deadlines Related Thereto;
(III) Approving The Forms Of Notices To Non-Voting Classes; And
(IV) Granting Related Relief [Docket No. 88] (the "Conditional
Order").
A hearing to consider final approval and confirmation of the
Combined Disclosure Statement and Plan of Reorganization is
expected to take place on August 28, 2025 at 10:30 a.m. Eastern
Time (the "Combined Hearing").
Any objections to final approval or confirmation of the Plan must
be filed with the Bankruptcy Court on or before August 21, 2025 at
4:00 p.m. Eastern Time. Any statements in support or a reply to any
objection to confirmation of the Plan must be filed with the
Bankruptcy Court by August 26, 2025 at 4:00 p.m. Eastern Time.
On July 30, 2025, the Company also filed with the Bankruptcy Court
the First Amended Combined Disclosure Statement and Plan of
Reorganization of the Company Under Chapter 11 of the Bankruptcy
Code [Docket No. 89] (the "Plan").
In accordance with the Plan, which remains subject to approval of
the Bankruptcy Court, all outstanding shares of common stock of the
Company (including shares of common stock issuable under equity
awards, including stock options and restricted stock units, granted
under the Company's equity incentive plans) and all other options,
warrants and rights to acquire common stock will be canceled and
discharged and holders of such equity interests will not receive or
retain any property on account thereof, provided that holders of
the Company's equity interests or equity securities will be
entitled to receive, on a pro rata basis, any remaining cash of the
Company following the payment of all claims against the Company.
On the effective date of the Plan, Kaxxa Holdings, Inc., the plan
sponsor, will be issued up to 1,000 shares of new common stock of
the reorganized Company, less the outstanding indebtedness under
the DIP Note that 5Y elects to convert (at a conversion rate of 10%
of the DIP Financing per 60 shares). The Plan proposes to pay all
holders of claims against the Company in full and distribute any
remaining cash of the Company, including any undrawn or unused
amounts under the DIP Financing, to holders of equity interests or
equity securities of the Company. Because all classes of claims and
interests under the Plan are unimpaired and deemed to consent to
the Plan, no approval of the Plan is being solicited from such
holders.
A copy of the Plan is available at https://tinyurl.com/3dy95b7x
About Marin Software Incorporated
Marin Software Incorporated provides a software-as-a-service
platform for managing digital advertising across search, social,
and eCommerce channels. Its platform offers analytics, workflow,
and optimization tools designed to help performance marketers and
agencies improve returns on advertising spend.
Marin Software Incorporated sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11263) on July 1,
2025. In its petition, the Debtor reports total assets of
$5,656,853 and total debts of $2,767,237.
The Debtor's bankruptcy counsel is James E. O'Neill, Esq. at
PACHULSKI STANG ZIEHL & JONES LLP. The Debtor's Corporate Counsel
is FENWICK & WEST LLP. ARMANINO ADVISORY LLC is the Debtor's
Financial Advisor and DONLIN, RECANO & COMPANY, LLC is the Debtor's
Claims, Noticing & Solicitation Agent and Administrative Advisor.
MATCH GROUP: S&P Rates New $700MM Senior Unsecured Notes 'BB'
-------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating and '3'
recovery rating to Match Group Holdings II LLC's (BB/Stable)
proposed $700 million senior unsecured notes due in 2033. The '3'
recovery rating indicates its expectation for meaningful (50%-70%;
rounded estimate: 65%) recovery of principal in the event of a
payment default.
The company plans to use the proceeds from this transaction to
repay its existing 0.875% exchangeable senior notes due June 15,
2026, and for general corporate uses. The proposed transaction will
improve the company's maturity profile and is credit neutral
because the outstanding debt will not increase.
S&P said, "Our 'BB' issuer credit rating and stable outlook on
Match Group remain unchanged. Our ratings reflect our expectation
that Match Group's leverage will likely remain about 2.5x over the
next 12 months, supported by Hinge's strong performance and stable
EBIDTA margins due to ongoing cost savings programs." This is
offset by expected flat revenue growth driven by Tinder's
underperformance and the company's plan to return 100% of its free
operating cash flow generation to shareholders.
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- The 'BB' issue-level rating and '3' recovery rating indicate
S&P's expectation for meaningful (30%-50%; rounded estimate: 65%)
recovery of principal for the lenders of the senior notes in the
event of a default.
-- Match Group Holdings II LLC is the borrower of the secured
credit facility and unsecured notes. Its domestic subsidiaries
guarantee the credit facility, which makes it structurally senior
to all other debt because the other debt does not benefit from
subsidiary guarantees. However, the unsecured notes are
structurally senior to the exchangeable notes that are placed at a
finance subsidiary under Match Group Inc.
-- Match Group's pro forma capital structure comprises a senior
secured credit facility that includes an undrawn $500 million
revolving credit facility due 2029 (unrated), senior unsecured
notes totaling $2.3 billion maturing from 2027 through 2033
including the proposed notes, and $575 million of exchangeable
senior notes due 2030 (unrated).
-- S&P's simulated default contemplates underperforming
acquisitions, operating missteps, and increased competition,
leading to a default in 2030.
-- S&P believes that if Match defaulted, its debt holders would
achieve higher recovery through reorganization rather than
liquidation.
-- S&P's recovery valuation assumes that all debt maturing before
default is refinanced at similar terms. Furthermore, it applies an
EBITDA multiple of 6.5x to value Match in our hypothetical default
scenario.
-- The secured debt benefits from a pledge of equity in its
domestic subsidiaries and a 65% stock pledge of its first-tier
foreign subsidiaries.
-- S&P views the collateral package as weak because it only
includes subsidiary equity pledges and excludes intellectual
property and other assets. Furthermore, the collateral pledge is
effectively junior to the direct claim the secured lenders have
against domestic subsidiaries because of their guarantees.
-- However, the secured debt is structurally senior to the other
debt with regard to the domestic subsidiary value. The collateral
limitations are somewhat offset by the absence of limitations on
pledging other domestic assets, the presence of a financial
covenant on the revolving credit facility that would allow the
banks a chance to negotiate for a stronger collateral package for
the lenders if the company's performance decline, and limitations
on assets sales in the credit agreement.
-- Other default assumptions include an 85% draw on the revolving
credit facility, SOFR is 2.5%, and all debt amounts include six
months of prepetition interest.
Simulated default assumptions
-- Simulated year of default: 2030
-- EBITDA at emergence: $411 million
-- EBITDA multiple: 6.5x
-- Estimated proportion of enterprise value of nonguarantor
foreign subsidiaries: 30%-40%
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): $2.54
billion
-- Senior secured debt claims: About $441 million
-- Value available to unsecured debt claims: $2.10 billion
-- Senior unsecured note claims: About $3.07 billion
--Recovery expectation: 50%-70% (rounded estimate: 65%)
-- Value available to subordinated exchangeable note claims:
Negligible
-- Exchangeable note claims: About $581 billion
MCCLAIN FAMILY: Has Deal on Cash Collateral Access
--------------------------------------------------
McClain Family Cellars, Inc. asked the U.S. Bankruptcy Court for
the Central District of California, Santa Ana Division, for
authority to use cash collateral and provide adequate protection in
accordance with its agreement with the U.S. Small Business
Administration.
The SBA is a secured creditor by virtue of a COVID Economic Injury
Disaster Loan initially issued for $150,000 and later increased to
$500,000, with a balance of $493,177 as of the Petition Date. The
SBA's lien covers all of the Debtor's tangible and intangible
personal property. However, the Debtor contends that the actual
value of SBA's collateral is only $302,256.
Other creditors with UCC filings include iBusiness Funding, Swift
Financial, and Live Oak Banking, but the Debtor believes these are
either unsecured or junior to SBA’s lien due to the total asset
value being lower than the amount of secured debt.
The parties agreed that the Debtor may use cash collateral through
October 9, 2025 on an interim basis, in accordance with the
budget.
As adequate protection, SBA will receive a replacement lien on
post-petition revenues, equal in scope and priority to its original
lien, but only up to the extent of any post-petition diminution in
collateral value, monthly adequate protection payments of $2,647,
and a super-priority administrative expense claim under 11 U.S.C.
sections 503(b) and 507(b), limited to any loss in collateral value
due to the use of cash collateral.
A hearing on the matter is set for August 20.
A copy of the motion is available at https://urlcurt.com/u?l=BCatLN
from PacerMonitor.com.
About McClain Family Cellars Inc.
McClain Family Cellars Inc. is a Black-owned winery based in the
Santa Ynez Valley, Calif. The winery is known for producing luxury,
award-winning wines and emphasizes four core pillars: Family,
Friends, Faith, and Freedom, offering a range of wines from both
red and white varieties. It provides experiences like private
events, in-home tastings, and barrel blending. Additionally,
McClain operates multiple locations, including in Laguna Beach,
Irvine, Solvang, and Buellton, and offers a wine club with various
membership options. It is a proud member of the African-American
Vintners Association.
McClain sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. C.D. Calif. Case No. 25-10589) on March 1, 2025. In its
petition, the Debtor reported between $100,000 and $500,000 in
assets and between $1 million and $10 million in liabilities.
Judge Theodor Albert handles the case.
The Debtor is represented by Marc C. Forsythe, Esq. at Goe Forsythe
& Hodges, LLP.
MCR HEALTH: Behavioral Health Practice Sale for $2.5M OK'd
----------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, has approved MCR Health Inc. and its affiliate AllCare
Options LLC to sell behavioral health practice, free and clear of
liens, claims, and encumbrances.
The Debtor, as a reorganized debtor in the above-captioned Chapter
11 case, is a nonprofit organization, incorporated as a
not-for-profit corporation (501(c)(3)) in the State of Florida and
operates as a Federally Qualified Health Center which provides
health care services, including medical, behavioral, dental and
vision, to all patients, including, the underserved and
underinsured communities of southwest Florida.
Additionally, the Debtor provides behavioral health services to
skilled nursing facilities and assisted living facilities
throughout the state of Florida.
The Court has authorized the Debtor to sell Huntingdon Assets to
Ace Health Consultant LLC at a purchase price of $2,500,000.00.
The Debtors and Buyer are authorized to proceed with the sale of
Huntingdon Assets on the terms and conditions set forth in the
Asset Purchase Agreement (APA) on or before July 31, 2025, or as
the parties may mutually agree to extend.
All persons and entities are prohibited and enjoined from taking
any action to adversely affect or interfere with the Debtors’
ability to transfer the Huntingdon Assets to the Buyer in
accordance with this Order and the terms of the APA, or otherwise
interfere with Buyer's title to or use and enjoyment of the
Huntingdon Assets.
The Buyer shall have no liability or responsibility for any of the
Debtors' liabilities or other obligations arising under or related
to the Huntingdon Assets, other than as expressly set forth herein
or in the APA.
The Debtors shall assume and assign to the Buyer the Licensed
Software Agreement with Netsmart Technologies, Inc. dated October
20, 2021, along with all rights thereunder, pursuant to which,
Netsmart provides various practice management software services.
About MCR Health Inc.
MCR Health, Inc. and AllCare Options, LLC filed Chapter 11
petitions (Bankr. M.D. Fla. Lead Case No. 24-06604) on November 8,
2024. At the time of the filing, MCR Health reported $10 million
to
$50 million in assets and liabilities while AllCare Options
reported as much as $50,000 in assets and liabilities.
Judge Roberta A. Colton oversees the cases.
Steven M. Berman, Esq., at Shumaker, Loop & Kendrick, LLP,
represents the Debtors as legal counsel.
Joseph J. Tomaino is the patient care ombudsman appointed in the
Debtors' cases.
MEANDERING BEND: Voluntary Chapter 11 Case Summary
--------------------------------------------------
Debtor: Meandering Bend, LLC
2450 Wickersham Lane
#202
Austin Texas 78704
Business Description: Meandering Bend, LLC is a real estate
investment company based in Austin, Texa
Chapter 11 Petition Date: August 5, 2025
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 25-51814
Debtor's Counsel: Justin Rayome, Esq.
5882 Sugar Hill Dr.
Houston Texas 77057
Tel: 214-934-9345
Email: justin.rayome.law@gmail.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Ali Choudhri as authorized
representative.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/CYLMBIQ/Meandering_Bend_LLC__txwbke-25-51814__0001.0.pdf?mcid=tGE4TAMA
MID-COLORADO INVESTMENT: Taps Fidelis CPAs as Tax Accountant
------------------------------------------------------------
Mid-Colorado Investment Company, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Colorado to employ Fidelis
CPAs as its tax accountant.
The Fidelis accountant who will work on this case is Kenneth
Thrower, whose hourly billing rate is $195.
Fidelis is a "disinterested person," as defined under Bankruptcy
Code section 101(14), according to court filings.
The firm can be reached through:
Kenneth Thrower
Fidelis CPAs
280 E 1st Ave., Unit 850
Broomfield, CO 80038
Tel: (303) 720-6017
Email: contact@fideliscpas.com
About Mid-Colorado Investment Company, Inc.
Mid-Colorado Investment Company provides bulk water services to a
community in El Paso County and operates a small cattle ranch.
Mid-Colorado Investment Company filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D. Colo. Case No.
25-11742) on March 31, 2025, listing up to $10 million in assets
and up to $50,000 in liabilities. Charles A. Hagedorn, president
and treasurer of Mid-Colorado Investment Company, signed the
petition.
Judge Joseph G. Rosania, Jr. oversees the case.
The Debtor tapped Daniel J. Garfield, Esq., at Fairfield and Woods,
PC as bankruptcy counsel and Hackstaff Snow Atkinson & Griess, LLC
as special counsel.
MILAN SAI: Court Extends Cash Collateral Access to Aug. 20
----------------------------------------------------------
Milan Sai Joint Venture, LLC received interim approval from the
U.S. Bankruptcy Court for the Northern District of Texas, Dallas
Division, to use cash collateral until August 20, marking the
seventh extension since its Chapter 11 filing.
The seventh interim order authorized the Debtor to use cash
collateral to pay the expenses set forth in its budget, with a 10%
variance allowed.
The budget shows total projected expenses of $40,345.96.
The lender, Gregory Milligan, in his capacity as court-appointed
receiver for Pride of Austin High Yield Fund 1, LLC, was granted
replacement liens on all cash collateral and property generated or
acquired by the Debtor after its Chapter 11 filing. These
replacement liens will have the same validity, priority and extent
as the lender's pre-bankruptcy liens and do not apply to any
Chapter 5 causes of action.
In addition, the lender is entitled to a superpriority
administrative expense claim for any diminution in value of the
collateral.
A final hearing is scheduled for August 20, with objections due by
August 13.
Mr. Milligan is represented by:
William R. Nix, Esq.
Holland & Knight, LLP
100 Congress Avenue, Suite 1800
Austin, TX 78701
Telephone: 512.685.6476
Trip.nix@hklaw.com
-- and --
Christopher A. Bailey, Esq.
Holland & Knight, LLP
1722 Routh Street, Suite 1500
Dallas, TX 75201
Telephone: 214.969.1784
chris.bailey@hklaw.com
About Milan Sai Joint Venture
Milan Sai Joint Venture, LLC operates in the traveler accommodation
industry.
Milan Sai Joint Venture sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Texas Case No. 24-33560) on
November 4, 2024, with up to $10 million in both assets and
liabilities. Sunil Kumar Patel, managing member, signed the
petition.
Judge Michelle V. Larson oversees the case.
Joyce W. Lindauer, Esq., at Joyce W. Lindauer Attorney, PLLC is the
Debtor's bankruptcy counsel.
MIRAMAR TOWNHOMES: Gets Extension to Access Cash Collateral
-----------------------------------------------------------
Miramar Townhomes SWNG 2, LLC and its affiliates received seventh
interim approval from the U.S. Bankruptcy Court for the Southern
District of Texas to use the cash collateral of Fannie Mae.
The seventh interim order authorized the Debtors to use cash
collateral to pay the expenses set forth in their budget.
As adequate protection, Fannie Mae will be granted replacement
liens on all property of the Debtors whether acquired before or
after their Chapter 11 filing. The replacement liens will have the
same validity, priority and extent as the secured lender's
pre-bankruptcy liens.
In addition, on or before the 15th day of December and the 10th day
of each month thereafter, each Debtor will remit to the secured
lender a cash payment equal to the amount by which such Debtor's
remaining cash balance at the end of the prior month exceeded the
following: $20,000 for Miramar, $40,000 for Toro Place, LLC, and
$40,000 for The Avenue SWNG TIC 1, LLC and The Avenue SWNG TIC 2,
LLC.
In case of any diminution in the value of its interests in the
collateral, the secured lender will be granted a superpriority
claim.
Fannie Mae's cash collateral consists of accounts receivable and
rents generated from three multifamily properties owned by the
Debtors.
The properties include The Avenue apartment complex, the Miramar
Townhomes and the Toro Place apartment complex in Houston, Texas.
These properties, along with the rents and accounts receivable,
secure the loans, which the Debtors obtained from the secured
lender.
A final hearing is set for August 25.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/G2dcM from PacerMonitor.com.
About Miramar Townhomes SWNG 2
Miramar Townhomes SWNG 2, LLC is owned by Miramar Townhomes SWNG
GP, LLC and Miramar Townhomes LP SWNG, LLC. Avenue SWNG TIC, 1 and
Avenue SWNG TIC, 2 are both owned by The Avenue SWNG, LLC while
Toro Place, LLC is owned by Toro Place Holdings, LLC.
Miramar owns the Miramar Townhomes located at 2380 Bering Drive,
Houston, Texas, while Toro owns the Toro Place Apartments located
at 12101 Fondren Road, Houston, Texas. The Avenue SWNG TIC
companies own The Avenue Apartments located at 5050 Yale Street,
Houston, Texas.
On November 27, 2024, the Debtors filed Chapter 11 petitions
(Bankr. S.D. Texas Lead Case No. 24-90608). At the time of the
filing, each Debtor reported $10 million to $50 million in assets
and liabilities.
Judge Christopher M. Lopez handles the cases.
The Debtors are represented by Elyse M. Farrow, Esq., and Melissa
Anne Haselden, Esq., at Haselden Farrow, PLLC.
Fannie Mae is represented by:
Keith M. Aurzada, Esq.
Michael P. Cooley, Esq.
Dylan T.F. Ross, Esq.
Reed Smith, LLP
2850 N. Harwood Street #1500
Dallas, TX 75201
Telephone: (469) 680-4200
Facsimile: (469) 680-4299
Email: kaurzada@reedsmith.com
mpcooley@reedsmith.com
dylan.ross@reedsmith.com
MIRROR TRADING: Bid to Issue Pluries Summons on Investor Granted
----------------------------------------------------------------
Judge Peter D. Russin of the United States Bankruptcy Court for the
Southern District of Florida granted Chavonnes Badenhorst St Clair
Cooper's motion to issue a pluries summons on Sean Logan in the
adversary proceeding captioned as CHAVONNES BADENHORST ST CLAIR
COOPER, in his capacity as Foreign Representative, Plaintiff, v.
SEAN LOGAN, Defendant, Adv. Pro. No. 24-01078-PDR (Bankr. S.D.
Fla.). The motion is denied as to plaintiff's request for
alternative service by email and social media.
Sean Logan is an alleged investor in Mirror Trading International
(PTY) Ltd., a South African company that purported to trade
cryptocurrency. Investors transferred their Bitcoin to MTI, who
supposedly traded it to earn remarkable returns. The company
periodically made dispositions of Bitcoin to certain investors, and
the Plaintiff alleges that Mr. Logan is one of the recipients.
South African authorities later determined MTI to be a Ponzi
scheme, and the company was put into an involuntary liquidation
under South African law on Dec. 29, 2020. The Foreign Liquidator
was appointed on Nov. 11, 2021, to recover assets for the benefit
of the South African estate. To pursue avoidance actions in the
United States, the Foreign Liquidator filed a Petition for
Recognition of Foreign Proceeding in this Court on Feb. 9, 2023. On
March 15, 2024, the Foreign Liquidator initiated this adversary
proceeding, seeking to recover dispositions of Bitcoin made to the
Defendant under the South African Insolvency Act.
However, the Foreign Liquidator has for over a year been unable to
locate and effectuate service on the Defendant, despite diligent
efforts. These efforts included mailing service documents to Mr.
Logan's last known address, attempting personal service at multiple
physical addresses in Nevada and Idaho identified through skip
tracing and public records searches, and engaging an investigator
to pursue alternative locations.
Based on the Plaintiff's futile efforts and evidence of Mr. Logan's
transient and online lifestyle, the Plaintiff now seeks
authorization to effect service by alternative means pursuant to
Federal Rule of Civil Procedure 4(e)(1) and/or 4(f)(3).
Specifically, the Plaintiff requests leave to serve the operative
complaint, pluries summons, and scheduling order via Mr. Logan's
known and active electronic accounts, including email and social
media platforms Instagram, YouTube, and X (formerly Twitter). The
Motion, as supplemented by the Plaintiff, ore tenus, at the July 16
hearing, also seeks to enlarge the effective period of the pluries
summons from 7 days to 120 days, and extend the time to respond to
the Amended Complaint from 30 days of the issuance of the pluries
summons to 30 days of service of the pluries summons.
The Plaintiff argues although Rule 4(f) technically governs service
on individuals in foreign countries, the rationale underlying Rule
4(f)(3) -- namely, the need for flexibility in effecting service
where conventional methods have failed -- should likewise be
applied to domestic cases. The Court agrees and would like to apply
that rationale in this case. But there is nothing technical about
Rule 4(f)'s mandate that a defendant be out of the country -- the
Rule's language is plain. While the Court is supportive of the
Plaintiff's rationale, he cites no applicable law, likely because
the Rule unambiguously leaves no room to apply it. Rule 4(f) is
unavailable on the facts of this case, the Court finds.
The Court also finds Plaintiff is not authorized to serve the
Defendant electronically under Florida law, and Rule 4(e)(1) is
thus unavailing.
Rule 7012(a) provides that a defendant must serve an answer to a
complaint within 30 days of the issuance of the summons, but this
can likewise be extended for cause. Given the pluries summons will
be effective for 120 days, the deadline to respond will likely
lapse prior to the pluries summons having been served. Therefore,
the cause exists to extend the time to respond to 30 days from the
service of the summons, the Court concludes.
A copy of the Court's Order is available at
https://urlcurt.com/u?l=XKFooc from PacerMonitor.com.
Mirror Trading International (PTY) Ltd. purportedly was a fund
manager trading in cryptocurrency, particularly Bitcoin, based in
Cape Town, South Africa. The Company sought relief under Chapter 15
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 23-11046) on
February 9, 2023. The Honorable Peter D. Russin handles the Chapter
15 case.
Chavonnes Badenhorst St Clair Cooper is the foreign representative.
Gregory S. Grossman, Esq., at Sequor Law, P.A., is the Foreign
Representative's Counsel.
The Debtors listed both estimated assets and debts at Unknown.
MODERN FLOOR: Voluntary Chapter 11 Case Summary
-----------------------------------------------
Debtor: Modern Floor Specialists Inc.
1126 W 228th St. Suite 1
Torrance, CA 90502
Business Description: Modern Floor Specialists Inc. provides floor
maintenance services including cleaning,
polishing, and waxing.
Chapter 11 Petition Date: August 5, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-16762
Judge: Hon. Deborah J Saltzman
Debtor's Counsel: Joshua E. Matic, Esq.
MATIC LAW ASSOCIATES
20651 Golden Springs Rd. #817
Walnut CA 91789
Tel: 646-389-4384
E-mail: joshuae@maticesq.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Erica Perez as CEO, secretary and CFO.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FDFY2MY/MODERN_FLOOR_SPECIALISTS_Inc__cacbke-25-16762__0001.0.pdf?mcid=tGE4TAMA
MOWBRAY WATERMAN: Seeks to Hire Ordinary Course Professionals
-------------------------------------------------------------
Mowbray Waterman Property, LLC seeks approval from the U.S.
Bankruptcy Court for the Central District of California to employ
professionals in the ordinary course of business.
The OCP's include:
(1) the Soren McAdam firm to provide general accounting and
tax services;
(2) CKB Vienna LLP to serve as litigation counsel in the
Jordan Litigation (among other matters); and
(3) Fullerton, Lemann, Schaefer & Dominick, LLP to serve as
general corporate counsel.
The Debtor seeks to pay the OCPs 100 percent of the fees and 100
percent of the expenses incurred.
-- Soren's current customary hourly rates range from $190 to
$425.
-- CKB's current customary hourly rates are $485.
-- Fullerton's customary hourly rates range from $300 to $475 for
attorneys and $125 to $145 for paraprofessionals.
The Debtors do not believe that any of the ordinary course
professionals have an interest materially adverse to them, their
estates, creditors, or other parties in interest in connection with
the matter upon which they are to be engaged.
The OCPs can be reached through:
Craig Wilson, Esq.
Fullerton, Lemann, Schaefer & Domick, LLP
1809 S Commercenter West
San Bernardino, CA 92408
Tel: (909) 963-1542
Michael Kim
CKB Vienna LLP
9531 Pittsburgh Avenue
Rancho Cucamonga, CA 91730
Tel: (909) 980-1040
Joseph Horzen, CPA
Soren McAdam
2068 Orange Tree Lane, Suite 100
P.O. Box 8010
Redlands, CA 92375-1210
Tel: (909) 798-2222
Fax: (909) 798-9772
About Mowbray Waterman Property, LLC
Mowbray Waterman Property, LLC is a real estate company based in
San Bernardino, Calif., specializing leasing of commercial and
residential properties.
Mowbray Waterman Property sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10930) on
February 19, 2025. In its petition, the Debtor reported between $1
million and $10 million in both assets and liabilities.
Judge Mark D. Houle handles the case.
The Debtor is represented by Lauren Gans, Esq., at Elkins Kalt
Weintraub Reuben Gartside, LLP.
MP COMPLETE: Case Summary & Eight Unsecured Creditors
-----------------------------------------------------
Debtor: MP Complete Solutions, LLC
3900 SW 56th Street
Fort Lauderdale, FL 33312
Business Description: MP Complete Solutions, LLC owns the property
located at 3900 SW 56th St, in Fort
Lauderdale, Florida with an appraised value
of $1.09 million.
Chapter 11 Petition Date: August 6, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-19098
Judge: Hon. Peter D. Russin
Debtor's Counsel: Adam I. Skolnik, Esq.
LAW OFFICE OF ADAM I. SKOLNIK, PA
1761 West Hillsboro Boulevard
Suite 207
Deerfield Beach, FL 33442
Tel: 561-265-1120
Email: askolnik@skolniklawpa.com
Total Assets: $1,107,677
Total Liabilities: $1,511,660
The petition was signed by Maria J. Pascal-Daniels as president.
A full-text copy of the petition, which includes a list of the
Debtor's eight unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/HQB7JKA/MP_Complete_Solutions_LLC__flsbke-25-19098__0001.0.pdf?mcid=tGE4TAMA
NABORS INDUSTRIES: Director David Tudor Holds 700 Common Shares
---------------------------------------------------------------
David J. Tudor, director at Nabors Industries Ltd., disclosed in a
Form 3 filed with the U.S. Securities and Exchange Commission that
as of July 25, 2025, he beneficially owns 700 shares of common
stock held directly.
Mr. Tudor may be reached at:
David J. Tudor
C/O Nabors Corporate Services, Inc.
515 W. Greens Road
Houston, Texas 77067
Mr. Tudor's SEC Report is available at
https://tinyurl.com/466xc79z
About Nabors
Bermuda-based Nabors Industries Ltd. (NYSE: NBR) owns and operates
land-based drilling rig fleets and provides offshore platform rigs
in the United States and several international markets. Nabors also
provides directional drilling services, tubular services,
performance software, and innovative technologies for its own rig
fleet and those of third parties.
* * *
Egan-Jones Ratings Company on June 10, 2025, maintained its 'CCC+'
foreign currency and local currency senior unsecured ratings on
debt issued by Nabors Industries, Inc.
NABORS INDUSTRIES: Welcomes David Tudor to Board of Directors
-------------------------------------------------------------
Nabors Industries Ltd. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that David J. Tudor was
appointed to the Board of Directors.
Mr. Tudor, 66, is the Chief Executive Officer and General Manager
of Associated Electric Cooperative Inc., a Springfield,
Missouri-based electric cooperative generating electricity for more
than 2 million member-consumers across Missouri, Oklahoma and Iowa;
Mr. Tudor has held this position since 2016. He was the President
and Chief Executive Officer of Champion Energy Services, a retail
electric provider. Mr. Tudor negotiated and led the sale of
Champion to Calpine in 2015. Mr. Tudor served as a director of
Western Midstream Partners, LP, Electric Power Research Institute,
and America's Power.
During the past five years, Mr. Tudor has served as a director of
the National Renewables Cooperative Organization (since 2016) and
of Woodway Energy Infrastructure (since 2021). He currently sits on
the board of directors of Cox Health Foundation.
Mr. Tudor has held leadership positions across the energy industry,
including ACES Power Marketing, PG&E Energy Trading, and Edisto
Resources. Mr. Tudor graduated from Lipscomb University.
Anthony Petrello, Nabors' Chairman, CEO and President, commented in
press release stating, "We are very pleased to have David join the
Nabors Board of Directors. With his extensive experience in the
energy industry, David brings valuable insights that will enhance
our strategic direction. His appointment reflects our continued
commitment to adding highly qualified, independent directors with
strong backgrounds. David brings a distinct combination of
leadership and industry knowledge that can only benefit Nabors and
our shareholders."
Mr. Tudor was not appointed to the Board pursuant to any
arrangement or understanding between him and any other person. Mr.
Tudor will serve as a member of each of the Audit and the Risk
Oversight Committees of the Board.
In 2025, Mr. Tudor will be entitled to receive retainers for his
service on the Board and the Committees consistent with the
Company's practices. All such cash retainers are paid quarterly in
arrears and will be pro-rated for Mr. Tudor from the date of his
commencement of service. Mr. Tudor may elect to receive immediately
vested stock options in lieu of any cash compensation.
On July 24, 2025, Mr. Tudor received a pro rata portion of the
$250,000 annual restricted stock entitlement granted to the Board
members following the 2025 Annual General Meeting. The restricted
stock award will vest 100% on July 24, 2026.
Finally, Mr. Tudor is entitled to indemnity for his service as a
director, in accordance with the Company's Bye-Laws.
Other than as set forth above with respect to his service as a
director, there have been no transactions since the Company's last
fiscal year, and no such transactions are proposed, in which the
Company is a participant and in which Mr. Tudor had or will have a
direct or indirect material interest such that disclosure would be
required under Item 404(a) of Regulation S-K. Furthermore, there
are no family relationships between Mr. Tudor and any director,
executive officer or person nominated or chosen by the Company to
become a director or executive officer of the Company within the
meaning of Item 401(d) of Regulation S-K.
About Nabors
Bermuda-based Nabors Industries Ltd. (NYSE: NBR) owns and operates
land-based drilling rig fleets and provides offshore platform rigs
in the United States and several international markets. Nabors also
provides directional drilling services, tubular services,
performance software, and innovative technologies for its own rig
fleet and those of third parties.
* * *
Egan-Jones Ratings Company on June 10, 2025, maintained its 'CCC+'
foreign currency and local currency senior unsecured ratings on
debt issued by Nabors Industries, Inc.
NATIONAL REALTY: Court Narrows Claims in AIRN Adversary Case
------------------------------------------------------------
Judge John K. Sherwood of the United States Bankruptcy Court for
the District of New Jersey granted Wipfli LLP's motion to dismiss
Count II of the amended complaint in the adversary proceeding
captioned as AIRN LIQUIDATION TRUST CO., LLC, Plaintiff, v. WIPFLI
LLP, Defendant, Adv. Pro. No.: 24-01456 (Bankr. D.N.J.). The motion
to dismiss as to Count IX is denied.
The Court on Dec. 13, 2024 issued a decision dismissing Count II of
AIRN Liquidating Trust Co. LLC's adversary complaint alleging that
defendant Wipfli LLP violated the New Jersey Uniform Securities
Act, N.J.S.A. 49:3-1 et seq. ("NJUSA"). In response, Plaintiff
filed an Amended Complaint. The Decision held that Plaintiff failed
to allege facts showing that Wipfli was acting as an agent of
National Realty Investment Advisors, LLC, and its affiliates
because it did not effect or attempt to effect the purchase or sale
of securities under N.J.S.A. Sec. 49:3-49(b). The Court determined
that Wipfli's assistance in rolling investors into a fund did not
rise to the level of effecting the sale of securities because it
was the insiders who caused NRIA to offer and sell membership units
in the Fund. Citing Zendell v. Newport Oil Corporation, 226 N.J.
Super. 431, 435 (App. Div. 1988) as support, the Court found the
NJUSA should only extend to those that directly participate in the
sale of securities, and lawyers and accountants are unlikely to fit
that definition. The Court dismissed Count II but denied Wipfli's
motion to dismiss all the other counts.
Consequently, Wipfli filed a partial motion to dismiss the Amended
Complaint, arguing that Count II should be dismissed again for the
reasons set forth in the Decision. Additionally, Wipfli argues that
Count IX asserting equitable subordination should be dismissed
because Wipfli has not filed a proof of claim in this case.
Wipfli and Plaintiff argued the motion on July 15, 2025. The Court
denied Wipfli's motion to dismiss Count IX during oral argument.
The Court now decides whether the Plaintiff's Amended Complaint
includes allegations of fact that, when accepted as true, plausibly
state that Wipfli effected or attempted to effect the sale of
securities within the meaning of the NJUSA.
One of the Plaintiff's main arguments is that Wipfli effected or
attempted to effect the sale of securities by preparing and
distributing investor K-1s. K-1s are tax forms used for business
partnerships to report to the IRS a partner's income, losses,
capital gain, dividends, etc., from the partnership for the tax
year. The Court does not see any work that Wipfli performed
relating to the K-1s as effecting the sale of securities because a
security must already be owned by an investor prior to the
preparation of a K-1.
The Amended Complaint alleges that Wipfli helped facilitate the
rollovers, transferred investments to the Fund on the books, and
knowingly assisted NRIA, and the insiders with rolling investments
into the Fund by booking the various rollovers.
According to the Court, nowhere in the Amended Complaint does the
Plaintiff allege that Wipfli had direct contact with the investors
prior to their investments being rolled over, or that it was Wipfli
that incentivized or solicited the rollover. The Court finds that
nothing in the Amended Complaint changes this characterization, and
the Decision's reasoning applies to the Amended Complaint.
Plaintiff has failed to allege facts that plausibly state that
Wipfli effected or attempted to effect the sale of securities
within the meaning of the NJUSA, the Court finds.
A copy of the Court's decision dated July 30, 2025, is available at
https://urlcurt.com/u?l=g6mucB from PacerMonitor.com.
About National Realty Investment
National Realty Investment Advisors, LLC is a luxury-homes
developer based in Secaucus, N.J.
National Realty Investment Advisors and 102 affiliates, including
NRIA Partners Portfolio Fund I, LLC, sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.N.J. Lead Case No.
22-14539) on June 7, 2022.
In the petition filed by its independent manager, Brian Casey,
National Realty Investment Advisors listed up to $50,000 in both
assets and debt. NRI Partners Portfolio listed assets between $50
million and $100 million and liabilities between $500 million and
$1 billion.
Judge John K. Sherwood oversees the cases.
S. Jason Teele, Esq., at Sills Cummis & Gross P.C., is the Debtors'
counsel. Omni Agent Solutions is the claims and noticing agent.
The U.S. Trustee for Regions 3 and 9 appointed an official
committee of unsecured creditors on June 30, 2022. The committee is
represented by Ice Miller, LLP.
NEW EARTH: Seeks to Hire Budgen Law as Bankruptcy Counsel
---------------------------------------------------------
New Earth Yoga, LLC seeks approval from the U.S. Bankruptcy Court
for the Middle District of Florida to hire Budgen Law as its
bankruptcy counsel.
The firm will render these services:
(a) prosecute and defend any causes of action on behalf of the
Debtor; prepare, on behalf of the Debtor, all necessary legal
papers;
(b) assist in the formulation of a plan of reorganization;
and
(c) provide all other services of a legal nature.
The firm's attorneys and paralegals will be paid at the standard
hourly rates of $275 to $550.
Prior to the petition date, the firm received a retainer in the
amount of $7,263.75 and the filing fee of $1,738 from the Debtor.
L. Todd Budgen, Esq., an attorney at Budgen Law, disclosed in a
court filing that the firm is a "disinterested person" as defined
in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
L. Todd Budgen, Esq.
Budgen Law
P.O. Box 520546
Longwood, FL 32752
Telephone: (407) 481-2888
Email: tbudgen@mybankruptcyfirm.com
About New Earth Yoga LLC
New Earth Yoga, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03782) on June
18, 2025, listing up to $50,000 in assets and up to $1 million in
liabilities. Andrew Layden as Subchapter V trustee.
Judge Lori V. Vaughan oversees the case.
L. Todd Budgen, Esq., at Budgen Law, is the Debtor's bankruptcy
counsel.
Five Star Bank, as secured creditor, is represented by:
George L. Zinkler, III, Esq.
Lorium Law
101 Northeast Third Avenue, Suite 1800
Fort Lauderdale, FL 33301
Telephone: (954) 462-8000
Facsimile: (954) 462-4300
E-mail: gzinkler@loriumlaw.com
NEW REDBIRD: Voluntary Chapter 11 Case Summary
----------------------------------------------
Debtor: New Redbird Business Group LLC
471833 East Hwy 51
Stilwell OK 74960
Business Description: New Redbird Business Group LLC is a holding
company that owns and manages interests in
cannabis-related operations in Oklahoma.
Its portfolio includes Redbird Bioscience,
which provides consulting services, and RB
RealtyCo, which owns the real estate used in
the business. The Company's affiliated
entities are involved in medical marijuana
cultivation, processing, and retail sales.
Chapter 11 Petition Date: August 5, 2025
Court: United States Bankruptcy Court
Eastern District of Oklahoma
Case No.: 25-80714
Judge: Hon. Paul R Thomas
Debtor's Counsel: Joe Byars, Esq.
HELTON LAW FIRM
9125 S. Toledo Ave.
Tulsa OK 74137
Tel: 918-928-7104
E-mail: joe@heltonlawfirm.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Nimesh Patel as manager.
The Debtor failed to provide a list of its 20 largest unsecured
creditors in the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/4NBMO4Q/New_Redbird_Business_Group_LLC__okebke-25-80714__0001.0.pdf?mcid=tGE4TAMA
NIKOLA CORP: Hires Kasowitz LLP as Special Litigation Counsel
-------------------------------------------------------------
Nikola Corporation seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Kasowitz LLP as special
litigation counsel.
The Debtors seek authority to retain the firm to continue
prosecuting the foregoing disputes and any related issues that
arise in connection therewith, represent them in such other related
matters that they determine is appropriate and to the extent such
matters arise during the pendency of the Chapter 11 cases.
The firm's compensation will consist of a contingency fee in the
amount of 25 percent of the Debtors' net recovery.
Matthew Stein, Esq., a partner at Kasowitz Benson Torres 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:
Matthew B. Stein, Esq.
KASOWITZ BENSON TORRES LLP
1633 Broadway
New York, NY 10019
Tel: (212) 506-1700
Fax: (212) 506-1800
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.
Honorable 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.
NORTIA LOGISTICS: Court Extends Cash Collateral Access to Aug. 29
-----------------------------------------------------------------
Nortia Logistics Inc. received another extension from the U.S.
Bankruptcy Court for the Northern District of Illinois, Eastern
Division, to use cash collateral.
The court's second interim order authorized the Debtor to use cash
collateral through August 29 in accordance with the approved budget
and the initial order entered on July 11, which remains in effect.
The Debtor's budget projects total operational expenses of
$385,092.69.
A status hearing is scheduled for August 28.
About Nortia Logistics Inc.
Nortia Logistics Inc. is a privately held, asset-based logistics
provider founded in 2012 and headquartered in Franklin Park, IL. It
specializes in multimodal freight transportation covering
full-truckload (FTL), less-than-truckload (LTL), and intermodal
services as well as warehousing, with operations across the U.S.
and Canada.
Nortia Logistics sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08699) on June 2,
2025. In its petition, the Debtor reported estimated assets of
$1,357,500 and total liabilities of $5,793,218.
Judge Timothy A. Barnes handles the case.
The Debtor is represented by David Freydin, Esq., at the Law
Offices of David Freydin.
RTS Financial Service, Inc., as lender, is represented by:
Bryan E. Minier, Esq.
Lathrop GPM, LLP
155 N. Wacker Drive, Suite 3800
Chicago, IL 60606
Tel: 312-920-3328
bryan.minier@lathropgpm.com
NUNO MANSION: Hires Steven Richman as Special Litigation Counsel
----------------------------------------------------------------
The Nuno Mansion, LLC seeks approval from the U.S. Bankruptcy Court
for the Central District of California to hire Steven N. Richman of
Epport, Richman & Robbins LLP to serve as its special litigation
counsel.
Mr. Richman will provide these services:
(a) represent the Debtor in adversarial matters in the
bankruptcy proceedings;
(b) prosecute claims related to the loan on Debtor’s real
property and loan obligations;
(c) assist in litigation matters involving review and
resolution of claims by MOR Financial Services and/or MOR 19
Investment Funds; and
(d) perform other litigation-related services as needed in
coordination with General Bankruptcy Counsel.
The Firm's hourly rates are:
-- $650 for partners; and
-- $485 for associates
Mr. Richman and the Firm have waived their standard $10,000
retainer and will apply for compensation in compliance with the
Bankruptcy Code and local rules, subject to Court approval.
Epport, Richman & Robbins 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:
Steven N. Richman, Esq.
EPPORT, RICHMAN & ROBBINS LLP
1875 Century Park East, Suite 800
Los Angeles, CA 90067-2512
Telephone: (310) 785-0885
Email: srichman@erlaw.com
About The Nuno Mansion LLC
The Nuno Mansion LLC owns a single-family home located at 2200 S.
Harvard Blvd., Los Angeles, CA 90018, which has an appraised value
of $4.6 million.
The Nuno Mansion LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11354) on February
22, 2025. In its petition, the Debtor reports total assets of
$4,600,000 and total liabilities of $1,669,407.
Honorable Bankruptcy Judge Sheri Bluebond handles the case.
The Debtor is represented by Maureen J. Shanahan, Esq. at TOTARO &
SHANAHAN, LLP.
OAKTREE OCALA: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------
Oaktree Ocala JV, LLC and ASAP Highline Ocala, LLC got the green
light from the U.S. Bankruptcy Court for the Southern District of
New York to use cash collateral.
The court authorized the Debtors' interim use of cash collateral
pending the final hearing scheduled for August 14.
CPIF MRA, LLC, the Debtors' lender, will be granted valid and
perfected replacement liens on and security interests in the
Debtors' property, junior and subordinate only to the fee carveout.
The replacement liens do not apply to any avoidance actions.
In addition, CPIF is entitled to a superpriority administrative
expense claim for any diminution in value of its interests in the
cash collateral.
CPIF claims a security interest in the cash collateral but has not
consented to its use. ASAP originally obtained an $18 million loan
from CPIF in 2022 to acquire and improve its Ocala property but
alleges that CPIF failed to fund the full amount, disbursing only
about $12.3 million. This shortfall, along with CPIF's failure to
fund tax escrows and future loan advances, prevented ASAP from
completing planned renovations and refinancing the loan before its
2024 maturity. CPIF initiated a foreclosure action in late 2024 and
attempted to acquire ASAP through a UCC sale, prompting ASAP to
file for Chapter 11 to protect its assets and seek judicial
resolution of disputes with CPIF.
The Debtors believe Chapter 11 will provide a fair forum to address
CPIF's claims and ASAP's counterclaims, and to pursue a
value-maximizing sale or refinancing of the property.
ASAP owns and operates a mobile home and RV park in Ocala, Florida,
while Oaktree is its sole member and a holding company.
About Oaktree Ocala JV LLC
Oaktree Ocala JV, LLC is a real estate lessor operating under NAICS
code 5311. It is based in Suffern, N.Y., with apparent operations
in Ocala, Florida. It operates as a joint venture in the real
estate leasing sector.
Oaktree Ocala JV and ASAP Highline Ocala, 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
reported between $10 million and $50 million in assets and
liabilities.
Judge Sean H. Lane oversees the case.
The Debtor is represented by Kenneth M. Lewis, Esq., at Paul M.
Nussbau, Esq.
OCEANSIDE COLLEGIATE: Moody's Downgrades Revenue Rating to Ba1
--------------------------------------------------------------
Moody's Ratings has downgraded Oceanside Collegiate Academy, SC's
revenue rating to Ba1 from Baa3 and revised the outlook to
negative. The school has approximately $18 million in outstanding
debt. The rating action concludes the review for downgrade
initiated on May 7, 2025, prompted by the announcement of the
closure of Limestone University, which established Limestone
Charter Association, the academy's authorizer.
The downgrade is driven by increased charter renewal risk and
uncertainty arising from the need to transition to a new authorizer
after the 2025-26 school year. While Oceanside is likely to secure
a new authorizer, it may face challenges in establishing a stable
relationship with its new authorizer that could adversely affect
its operational stability.
RATINGS RATIONALE
The downgrade to Ba1 reflects increased charter renewal risk
stemming from Oceanside's need to transition to a new authorizer
after the closure of Limestone University. The academy is still in
the process of choosing a replacement authorizer among various
options. Once the new authorizer is established, the school will
face uncertainty around the development of a strong and stable
relationship with its new authorizer, a key consideration in
Moody's assessments of charter renewal risk and government
relations. Governance is a key driver of this rating action due to
the lack of a clear path to establish a new and stable authorizer
relationship. Oceanside remains in compliance with its current
charter contract with Limestone and in November 2024 was approved
for a ten-year extension through June 30, 2036.
The closure of Limestone University has not material impacted
enrollment for the 2025-26 school year. Oceanside continues to
maintain stable enrollment at roughly 640 students. The waitlist is
also reflective of its strong competitive profile at approximately
60% of total enrollment. Academic and financial performance also
remain sound. For fiscal 2025, operating performance remains
positive, with actual results outpacing budget through the third
quarter. Projected annual debt service coverage is above 1.8x.
Liquidity continues to be a key strength, with 339 days cash on
hand in fiscal 2024. Leverage will remain moderate, with spendable
cash and investments covering 33% of debt.
RATING OUTLOOK
The negative outlook reflects the heightened risk associated with
Oceanside's transition to a new authorizer and the uncertainty of
the quality and strength of this new relationship. The transfer
process introduces potential for operational disruption, which
could in turn impact future enrollment demand and financial
performance.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Expanded scale of operations with operating revenue above $15
million
-- Material reduction in leverage with spendable cash and
investments to debt above 45%
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Prolonged process to transfer to a new authorizer that
materially impacts the academy's operating or financial
performance
-- Material reduction in liquidity to below 200 days cash on hand
-- Material increases in financial leverage
PROFILE
Oceanside Collegiate Academy was founded in 2017 and is located in
the Charleston metro area. The academy serves students in grades
9-12, using an honors curriculum in 9th and 10th grade and a
dual-enrollment curriculum in 11th and 12th grade. In addition, the
academy puts significant focus on student athletics. Oceanside is
managed by Pinnacle Charter Management Group, an educational
management organization, pursuant to a management agreement through
June 30, 2036. In fiscal 2024, the academy reported $8 million in
operating revenue and enrolled approximately 640 students.
METHODOLOGY
The principal methodology used in these ratings was US Charter
Schools published in April 2024.
ORB ENERGY: Voluntary Chapter 11 Case Summary
---------------------------------------------
Debtor: ORB Energy Co.
4947 CR 126
Van Vleck, TX 77482
Business Description: ORB Energy Co. is engaged in the business of
mining Bitcoin. The Company was formed to
develop a bespoke data center using
proprietary infrastructure compatible only
with Bitmain Technologies' equipment,
following a term sheet agreement that
positioned it as a designated "Bitmain
Host." ORB Energy operates from a rural
property where it invested in electrical and
operational infrastructure to support large
-scale Bitcoin mining.
Chapter 11 Petition Date: August 5, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Case No.: 25-80363
Judge: Hon. Alfredo R Perez
Debtor's Counsel: Steven Shurn, Esq.
HUGHES WATTERS ASKANASE LLP
1201 Louisiana Street 28th Floor
Houston TX 77002
Tel: (713) 590-4200
Email: sshurn@hwa.com
Total Assets: $70,320,000
Estimated Liabilities: $10 million to $50 million
The petition was signed by Jamieson Zaniewski as president.
The petition was filed without the Debtor's list of its 20 largest
unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/LTGUREI/ORB_Energy_Co__txsbke-25-80363__0001.0.pdf?mcid=tGE4TAMA
PEGGY NESTOR: Employment of Vinay Agarwal as Accountant Upheld
--------------------------------------------------------------
Judge Jennifer H. Rearden of the United States District Court for
the Southern District of New York adopted the recommendation of
Magistrate Judge Sarah L. Cave that the appeal styled as Marianne
Nestor, Appellant, -v.- Albert Togut, Appellee, Case No.
24-cv-05891-JHR-SLC (S.D.N.Y.), be dismissed without prejudice.
Peggy Nestor, Appellant's sister, filed for Chapter 11 bankruptcy
in the Bankruptcy Court on April 25, 2023. Appellant seemingly
became involved in the Bankruptcy Proceedings through her
co-ownership of a property with her sister.
At issue in this appeal is a June 21, 2024 decision by the
Honorable Michael E. Wiles authorizing the Chapter 11 Trustee
assigned in the Bankruptcy Proceedings to employ Vinay Agarwal,
CPA, LLC as his accountants.
On Oct. 10, 2024, Judge Cave issued an order (the "OTSC") directing
Appellant to show cause why this case should not be dismissed for
lack of subject matter jurisdiction. The OTSC provided Appellant
with an opportunity to rebut, by Oct. 24, 2024, the conclusion that
the Court lacks subject matter jurisdiction to consider her appeal.
On Oct. 22, 2024, Appellant filed an omnibus response to the OTSC
(and to similar orders to show cause issued in her other appeals).
On Nov. 19, 2024, Judge Cave issued a Report and Recommendation
recommending that the appeal be dismissed without prejudice because
the Court lacks jurisdiction. On Nov. 26, 2024, Appellee filed an
objection to the Report and Recommendation.
Appellee made a limited objection to the Report and Recommendation,
arguing that dismissal of the Appeal should be with prejudice, and
not without prejudice as recommended in the Report and
Recommendation. Appellee contends that Appellant and the Debtor
have filed untimely appeals from nearly every order that has been
entered by the Bankruptcy Court after Appellee was appointed as
Trustee, and that these appeals are attempts to impede the
Trustee's efforts to administer the Estate and investigate the
Debtor's affairs by implementing lawful orders of the Bankruptcy
Court; are costly to the estate; and serve no useful purpose. Thus,
Appellee submits that dismissal of the Appeal without prejudice
will allow Appellant to refile the time-barred appeals, which would
further prejudice Appellee and the Debtor's creditors.
The Court overrules Appellee's objection, adopts the Report and
Recommendation in its entirety, and dismisses Appellant's appeal
without prejudice.
A copy of the Court's Order is available at
https://urlcurt.com/u?l=omWU8k from PacerMonitor.com.
Peggy Nestor filed for Chapter 11 bankruptcy protection (Bankr.
S.D.N.Y. Case No. 23-10627) on April 25, 2023, listing under $1
million in both assets and liabilities. The Debtor is represented
by Anne Penachio, Esq.
PELICAN PROS: Taps Edwin M. Shorty Jr. as Bankruptcy Counsel
------------------------------------------------------------
Pelican Pros LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Louisiana to hire Edwin M. Shorty, Jr. &
Associates, A.P.L.C. as its legal counsel.
The firm will render these services:
(a) provide legal advice with respect to the Debtor's powers
and duties as debtor in possession in the continued management and
operation of its businesses and properties;
(b) attend meetings with representatives of the Debtor's
creditors and other parties in interest;
(c) take all necessary action to protect and preserve the
estate of the Debtor;
(d) prepare on behalf of the Debtor motions, applications,
answers, orders, reports, and papers necessary to the
administration of the Debtor's estates;
(e) take any necessary action on behalf of the Debtor to
obtain confirmation of its plan;
(f) appear before this Court to protect the interests of the
Debtor before this Court;
(g) perform all other necessary legal services and provide all
other necessary legal advice to the Debtor in connection with this
chapter 11 case;
(h) represent the Debtor in connection with obtaining
post-petition financing, if any;
(i) advise the Debtor concerning and assist in the negotiation
and documentation of financing agreements, cash collateral orders
and related transactions;
(j) investigate the nature and validity of liens asserted
against the property of the Debtor, and advise the Debtor
concerning the enforceability of said liens;
(k) investigate and advise the Debtor concerning, and take
such action as may be necessary to collect, income and assets in
accordance with applicable law, and the recovery of property for
the benefit of the estates of the Debtor;
(l) advise and assist the Debtor in connection with any
potential property dispositions;
(m) advise the Debtor concerning executory contract and
unexpired lease assumptions, assignments and rejections and lease
restructuring and recharacterizations;
(n) assist the Debtor in reviewing, estimating and resolving
claims asserted against the estate;
(o) commence and conduct litigation necessary and appropriate
to assert rights held by the Debtor, protect assets of the chapter
11 estate or otherwise further the goal of completing the
successful reorganization of the Debtor; and
(p) perform all other legal services for the Debtor which may
dbe necessary and proper in these proceedings.
The firm will be paid at these hourly rates:
Attorneys $350
Paralegals $85
Edwin M. Shorty, Jr., will also be reimbursed for reasonable
out-of-pocket expenses incurred.
The firm received a retainer in the amount of $5,000.
Edwin M. Shorty, Jr., a partner at Edwin M. Shorty, Jr. &
Associates, assured the Court that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code and does not represent any interest adverse to the Debtor and
its estates.
Edwin M. Shorty, Jr. can be reached at:
Edwin M. Shorty, Jr., Esq.
EDWIN M. SHORTY, JR. & ASSOCIATES, A.P.L.C.
650 Poydras Street, Suite 2515
New Orleans, LA 70130
Tel: (504) 207-1370
About Pelican Pros LLC
Pelican Pros LLC is a New Orleans-based company.
Pelican Pros LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. La. Case No. 25-11446) on July 10,
2025. In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities up to $50,000.
Honorable Bankruptcy Judge Meredith S. Grabill handles the case.
The Debtors are represented by Edwin M. Shorty, Jr., Esq.
PEPPERMILL LIMITED: Belton Appeal in Chapter 11 Cases Tossed
------------------------------------------------------------
Judge James D. Cain, Jr. of the United States District Court for
the Western District of Louisiana dismissed the appeal filed by pro
se creditor Will J. Belton and motion to withdraw reference
relating to an order issued on June 11, 2025, by the United States
Bankruptcy Court for the Western District of Louisiana in the
Chapter 11 bankruptcy cases concerning Peppermill Limited
Partnership and Pecan Acres Limited Partnership I, d/b/a La Maison
Apartments, Case Nos. 25-30282 and 25-20112.
Mr. Belton was advised by the Clerk of the Bankruptcy Court that he
must pay filing fees of $199.00 for the Motion for Withdrawal of
Reference and $298.00 for the Notice of Appeal.
On July 10, 2025, the Bankruptcy Court transmitted the matter to
the District Court "for further action as it considers appropriate"
due to Mr. Belton's failure to pay the appropriate fee or request a
waiver. Since that time the District Court has received no
communication from Mr. Belton.
Mr. Belton has taken no steps to pay the appropriate filing fees or
request a waiver. His appeal will therefore be dismissed for want
of prosecution, the District Court holds.
The appeal is styled WILL J BELTON VERSUS PEPPERMILL LIMITED
PARTNERSHIP 1 ET AL, CASE NO. 2:25-CV-00993 (W.D. La.).
A copy of the Court's Memorandum Ruling is available at
https://urlcurt.com/u?l=3q2Npc from PacerMonitor.com.
About Peppermill Limited Partnership 1
Peppermill Limited Partnership 1 filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. W.D. La.
Case No. 25-30282) on March 11, 2025, listing $1,000,001 to $10
million in both assets and liabilities.
Judge John W Kolwe presides over the case.
Wade N. Kelly, Esq., at Packard Lapray, represents the Debtor as
counsel.
PETSMART LLC: Moody's Affirms B2 CFR & Rates New 1st Lien Notes B2
------------------------------------------------------------------
Moody's Ratings affirmed PetSmart LLC's B2 corporate family rating,
its B2-PD probability of default rating, senior unsecured notes
rating at Caa1, senior secured first lien notes rating at B2 and
senior secured term loan B rating at B2. The outlook remains
stable.
Moody's have also assigned B2 ratings to the company's planned
senior secured term loan B and senior secured first lien notes and
a Caa1 rating to its planned senior unsecured notes offering. The
net proceeds from these proposed issuances will be used to
refinance the company's existing senior secured term loan B, senior
secured first lien notes and senior unsecured notes. Moody's will
withdraw ratings on the existing senior secured term loan B, senior
secured first lien notes and senior unsecured notes upon
repayment.
RATINGS RATIONALE
PetSmart's B2 CFR is supported by the company's very good
liquidity, including Moody's expectations for positive free cash
flow and the company's position as one of the largest specialty
retailers of pet products and services in the US and Canada. While
competition is intense, the strength and scale of PetSmart's
in-store service offering, which includes grooming, full-service
veterinary hospitals, training and boarding creates a competitive
advantage versus pure-play online competition and traditional
bricks-and-mortar competitors. PetSmart's very good liquidity
continues to be supported by current and expected positive free
cash flow and ample availability on its $1 billion asset-based
revolver expiring in February 2029 (not rated). The proposed
refinancing will also extend the company's maturity profile with
its nearest maturities coming in 2032, after its revolver expiry.
The B2 CFR is also supported by PetSmart's moderate leverage.
Lease-adjusted debt/EBITDA was 4.3x for the LTM period ending May
4, 2025 and Moody's expects leverage to remain in the mid 4x range
over the next 12-18 months. EBIT/interest coverage for the LTM
period ending May 4, 2025 was 1.4x and is expected it to remain at
about this level going forward despite a projected increase in
interest expense from the proposed transaction. The consumer
continues to remain purposeful and value-focused, limiting earnings
growth over the next 12-18 months. However, Moody's expects revenue
and earnings to be supported by improving assortments, higher unit
sales from pricing actions taken in 2024 across consumables and
hardgoods, and pet services growth, but overall gross margins have
limited room for expansion. Governance remains a key rating
constraint due to the sponsors' history of taking shareholder
friendly actions, including extracting large periodic dividends and
monetizing PetSmart's previous investment in Chewy.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
PetSmart's ratings could be upgraded if the company demonstrates
sustained growth in revenue, profitability, and market share as
well as continued free cash flow generation while demonstrating a
transparent and strong commitment to conservative financial
policies. Quantitatively, the ratings could be upgraded if
EBIT/interest expense is sustained above 2.25x and debt/EBITDA is
sustained below 4.5x, while maintaining very good overall
liquidity.
PetSmart's ratings could be downgraded if its operating performance
significantly deteriorates, indicating that the company's industry
or competitive profile is being threatened. Ratings could also be
downgraded if the company's financial policies were to become more
aggressive, including actions that result in erosion of the
company's liquidity. Quantitatively, a ratings downgrade could
occur if debt/EBITDA is sustained above 5.5x or EBIT/interest falls
significantly below 1.5x.
The principal methodology used in these ratings was Retail and
Apparel published in November 2023.
The assigned B2 rating is two notches below the Ba3 scorecard
indicated rating, reflecting a difficult consumer spending
environment, a highly competitive industry, weakened credit metrics
as well as governance risks.
PetSmart LLC is one of the largest specialty retailer of supplies,
food, and services for household pets in the US and Canada. The
company currently operates 1,684 stores in the US, Canada, and
Puerto Rico as of May 4, 2025. LTM revenue as of May 4, 2025 was
about $10.0 billion. PetSmart has an omnichannel capability
consisting of buy online, pick up in store ("BOPIS"), curbside
pickup, ship-to-home, ship-from-store, and marketplace partnerships
such as DoorDash, Instacart, Uber Eats, and Shipt. The company is
indirectly owned by funds advised by BC Partners and Apollo Global
Management along with certain co-investors.
PHVC4 HOMES: To Sell 31 Vacant Lots to Team Steber for $1.2MM
-------------------------------------------------------------
PHCV4 Homes, LLC, seeks approval from the U.S. Bankruptcy Court for
the Northern District of Alabama, Southern Division, to sell
Property, free and clear of liens, claims, and encumbrances.
The Debtor proposes to sell its interest in certain real estate
consisting of 31 vacant lots in the community known as Viking Cove,
in the municipality of Jasper, Walker County, Alabama. The proposed
sale will be by private sale and the total purchase price of the
Property is $1,250,000.00.
The Debtor proposes to sell all of the estate's interest described
herein free and clear of any and all mortgages, liens, interests
and/or other encumbrances as set forth herein, excepting that
CoreVest American Finance Lender LLC’s lien rights specifically
and fully attach to all proceeds of the sale.
All Net Sales Proceeds shall be paid directly CoreVest at closing
free and clear of all liens, interests, and encumbrances. If the
sale does not close on or before September 30, 2025, then it is
null and void and the sale cannot thereafter be completed without
further approval of this Court.
Team Steber, Inc.(Purchaser)has entered into the Contract to
purchase the Property.
The Debtor sets forth that the total sales price for the Lot Assets
represents the fair market value of the Property. The Purchaser has
already obtained or will obtain financing, and the sales are
contemplated to be closed forthwith after approval from this Court.
The Property consisting of the Lot Assets will be purchased at
closing on or before September 30, 2025.
The Property is subject to the following liens, mortgages or other
interest held by CoreVest.
About PHCV4 Homes, LLC
PHCV4 Homes LLC is part of the residential building construction
industry.
PHCV4 Homes LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ala. Case No. 24-02751) on September
10, 2024. In the petition filed by Misty M. Glass, as manager, the
Debtor reports estimated assets and liabilities between $10 million
and $50 million each.
The Honorable Bankruptcy Judge Tamara O. Mitchell presides over the
case.
The Debtor is represented by Frederick M. Garfield, Esq., at SPAIN
& GILLON, LLC.
PIONEER AIRCRAFT: Fitch Hikes Rating on Series C Notes to 'Bsf'
---------------------------------------------------------------
Fitch Ratings has upgraded Pioneer Aircraft Finance Limited Series
A, B and C notes to 'BBB+sf', 'BBsf' and 'Bsf' from 'BBBsf', 'B+sf'
and 'CCC+sf', respectively. Positive Rating Outlooks have been
assigned to all notes following their upgrades.
Entity/Debt Rating Prior
----------- ------ -----
Pioneer Aircraft Finance Limited
Series A 72353PAA4 LT BBB+sf Upgrade BBBsf
Series B 72353PAB2 LT BBsf Upgrade B+sf
Series C 72353PAC0 LT Bsf Upgrade CCC+sf
Transaction Summary
The ratings reflect current transaction performance, Fitch's cash
flow projections, and its expectation for the structure to
withstand rating-specific stresses under Fitch's criteria and cash
flow modelling. The rating actions also consider lease terms,
lessee credit quality and performance, updated aircraft values, and
Fitch's assumptions and stresses, which inform Fitch's modeled cash
flows and coverage levels.
Portfolio performance has improved and stabilized. Rental
delinquencies observed in Fitch's prior review in August 2024 have
been cleared. The series A and B notes continue to receive timely
interest, whereas series C interest is capitalizing. As of the July
servicer report, the series A notes were on schedule compared to 7%
behind schedule at the time of prior review. Proceeds from aircraft
sales in September and December 2024 were used to pay down the
series A notes. The series B and C notes have fallen further behind
their scheduled principal balances, although the note balances are
relatively small in relation to the overall transaction size. The
aircraft sales, and the resulting deleveraging of the notes,
coupled with the value ascribed to the remaining aircraft in the
pool has resulted in improved loan-to-values (LTVs) versus prior
review.
The Positive Outlook reflects improvements in LTVs and lessee
performance since the prior review, and the prospect of additional
aircraft sales as noted in the July servicer report, which could
lead to additional deleveraging of the notes.
Overall Market Recovery: Demand for air travel continues to grow,
albeit at a slower pace. May YTD 2025 global passenger traffic
measured in revenue passenger kilometers (RPK) was up 5.8% compared
to 2024, per the International Air Travel Association.
International traffic grew 8.1% YTD while domestic traffic grew
2.1%. Growth rates vary across geographies, with Asia-Pacific and
Europe continuing to lead the overall growth in traffic. North
American traffic, however, was flat May YTD 2025 versus 2024.
Macro Risks: Fitch recently revised its sector outlook for aircraft
ABS to 'deteriorating' from 'neutral'. This change reflects Fitch's
expectations for a slowdown in global air travel growth, consistent
with its forecast for weaker global GDP in 2025 and 2026. Global
air travel is highly correlated to global GDP. Fitch also expects
increased divergence in performance across several categories,
including domestic versus international travel, geographic
footprint, lessee credit strength, and aircraft type and age.
Some domestic markets have contracted through May 2025, and there
is uncertainty about how trade relations and conflicts will be
resolved. Conclusive resolutions to tariff conflicts, for example,
may prompt Fitch to reevaluate its sector outlook.
Despite an anticipated slowdown in the growth rate of air travel,
Fitch expects aircraft values will remain supported by the ongoing
under-supply of aircraft. This is driven by continued impediments
to the construction and delivery of new aircraft and by engine shop
capacity issues that reduce total capacity. Fitch also expects
these supply-side constraints to mitigate demand reductions.
ABS performance may be affected by deteriorating credit quality of
airline lessees. Despite benefiting from longer-term fixed rental
leases and staggered lease expiries, due to sufficient financial
headwinds, some airlines may seek payment relief in the form of
restructures which could reduce cash flows to ABS. Fitch expects
securitizations with younger to mid-life aircraft and with adequate
lessee quality and diversification to be better positioned to
withstand potential pressures on cash flows needed to meet debt
service.
KEY RATING DRIVERS
Asset Values: The Fitch Value for the pool is $329 million. Fitch
used the most recent appraisal as of December 2024 and applied
depreciation and market value decline assumptions pursuant to its
criteria. Fitch Values are generally derived from base values
unless the remaining leasable life is less than three years in
which case a market value is used. Fitch then uses the lesser of
mean and median of the given value. LTVs using the Fitch value are
62%, 84% and 93% compared to 72%, 91% and 100% as of last review
for the A, B and C notes respectively.
Tiered Collateral Quality: The Pioneer pool consists of 13
narrowbody aircraft and one widebody aircraft with the majority
characterized as mid-life aircraft with a weighted-average (WA) age
of 10.8 years. Fitch utilizes three tiers when assessing the
desirability and liquidity of aircraft collateral: tier one which
is the most liquid, and tier three which is the least liquid.
Additional details regarding Fitch's tiering methodology can be
found here
https://www.fitchratings.com/research/structured-finance/global-aircraft-tiers-unchanged-amid-strong-pricing-environment-21-10-2024
As aircraft in the pool reach an age of 15 and then 20 years,
pursuant to Fitch's criteria, the aircraft tier will migrate one
level lower. The WA, age-adjusted, tier is 1.1.
Pool Concentration: The pool has 14 aircraft on lease to 13
lessees. As the pool ages and Fitch models aircraft being sold at
the end of their leasable lives (generally 20 years), pool
concentration will increase. Pursuant to Fitch's criteria, Fitch
further stresses cash flows based on the effective aircraft count.
Concentration haircuts vary by rating level and are applied at
stresses higher than 'CCCsf'.
Lessee Credit Risk: At the time of Fitch's last review there were
modest delinquencies in the pool. Currently there are no
delinquencies. Fitch considers the credit risk posed by the pool of
lessees to be moderate. The WA credit rating by Fitch Value is
'CCC'. This profile is comparable to, but on the low side of, other
aircraft ABS transactions. Fitch has generally maintained the
credit ratings assigned in its prior review based on observed
performance, with modest improvement.
Pioneer is reasonably diversified across regions with 28% exposure
to Emerging Asia Pacific, 25% to Emerging Middle East & Africa, 14%
to Emerging South & Central America, 13% to Developed Asia Pacific,
and 7% to Developed Europe. Developed North America and Emerging
Europe & CIS make up the remaining exposure.
Operation and Servicing Risk: Fitch has found SMBC to be an
effective servicer based on its experience as a lessor, overall
servicing capabilities and historical ABS performance.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
An increase in delinquencies, lower lease rates, or sales of
aircraft below Fitch's projections could lead to a downgrade.
The aircraft ABS sector has a rating cap of 'Asf'. All subordinate
tranches carry ratings lower than the senior tranche and below the
ratings at close.
Fitch also considers jurisdictional concentrations per the
"Structured Finance and Covered Bonds Country Risk Rating
Criteria," which could result in rating caps lower than 'Asf'.
Fitch ran a sensitivity related to lessee credit quality. Fitch
assigns a credit rating of 'CCC' or lower to a high percentage of
lessees in the pool. The pool has experienced delinquencies with
lessee payment performance in the past. The sensitivity assumes all
non-rated lessees are currently rated 'CC' and that all future
lessees will be rated 'CCC'. This scenario resulted in a one notch
decrease in the model-implied ratings (MIR) for all classes notes.
Additionally, Fitch ran this scenario with a further reduction in
rental cash flows by 5%, which resulted in a one notch decrease in
the MIR for the class A notes and two notches for the class B and C
notes.
Fitch also ran a sensitivity related to bulk sale of aircraft to
stress the concentration haircut within the cash flow model. Fitch
forced half of the remaining pool to sell in 2025 in order to see
what the impact on cash flows and consequent impact on debt
repayment would be. In this scenario, MIRs are unchanged for the
class A notes. The MIRs for the class B decreased by one notch and
the class C decreased by two notches.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
If lease collections outperform modeled cash flows or lessee credit
quality improves materially, this may lead to an upgrade.
Similarly, if assets in the pool display higher values and stronger
rent generation than Fitch's stressed scenarios this may also lead
to an upgrade.
Fitch ran a sensitivity related to the rental cash flows received
in the pool and increased monthly rental cash flows by 5%. Fitch
assigns a credit rating of 'CCC' or lower to a high percentage of
lessees in the pool. The pool has experienced delinquencies with
lessee payment performance in the past. Overall collection
performance has increased over the past year with lessee quality
improvement. This scenario results in a one notch increase from the
model-implied ratings for all class notes.
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.
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.
POPELINO'S TRANSPORTATION: Seeks to Use Cash Collateral
-------------------------------------------------------
Popelino's Transportation, Inc. asked the U.S. Bankruptcy Court for
the Central District of California, Riverside Division, for
authority to use cash collateral.
The court on March 20 initially granted the Debtor interim
authority to use cash collateral through August 26. The Debtor has
since filed a plan of reorganization and now seeks to continue
using cash collateral through December 31 or until plan
confirmation.
The Debtor proposed to use the cash collateral based on a budget,
with a 15% increase in any budget item or total expenses to manage
unexpected fluctuations. It also requested permission to carry over
unused amounts to future months.
The Debtor's income constitutes cash collateral, which is secured
by two creditors: the U.S. Small Business Administration, holding a
secured claim of approximately $1.26 million, and ODK Capital LLC,
with a partially secured claim of $158,470. Since all of the
Debtor's income is subject to these security interests, it must
have court authorization to continue operations.
For adequate protection, the Debtor offered replacement liens to
secured creditors, with the same pre-bankruptcy priority and is
willing to make monthly cash payments averaging $21,737, which
exceeds estimated depreciation of assets.
The combined value of the Debtor's assets is estimated at $1.2
million.
A hearing on the matter is set for August 19.
About Popelino's Transportation Inc.
Popelino's Transportation, Inc. is a Riverside, California-based
company that has been offering green waste hauling and
transportation services since 2005. Additionally, the Company
recycles green waste at its facility to generate compost, mulch,
and woodchips for landscaping.
Popelino's Transportation filed petition (Bankr. C.D. Calif. Case
No. 25-11628) on March 18, 2025, listing $3,318,612 in total assets
and $8,329,194 in total liabilities. Jose Barragan, president of
Popelino's Transportation, signed the petition.
Judge Mark D. Houle oversees the case.
Todd Turoci, Esq., at The Turoci Firm represents the Debtor as
legal counsel.
PRIME CAPITAL: Seeks to Sell Vehicles at Auction
------------------------------------------------
Yann Geron the chapter 11 trustee of the estate of Prime Capital
Ventures LLC seeks permission from the U.S. Bankruptcy Court for
the Northern District of New York to sell vehicles at auction, free
and clear of liens, claims, and encumbrances.
The Debtor owns the following vehicles:
-- 2020 Lamborghini Aventador ZHWUM6ZD9LLA09436
-- 2009 Mercedes Benz SL65 WDBSK79F79F158279
-- 2014 Mercedes Benz SLS DRJ7HA7EA010865
-- 2015 Ferrari 458 ZFF75VFA3F0209725
The Trustee has filed a motion seeking to retain Saratoga
Automobile Museum a/k/a Saratoga Motorcar Auction as auctioneer to
market and sell the Vehicles.
The Auction Sale will be conducted pursuant to the standard auction
procedures typically used by reputable auction houses, and
specifically by SAM. The Vehicles shall be sold "as is", "where
is", without any representations of any kind or nature whatsoever,
including as to merchantability or fitness for a particular
purpose, and without warranty or agreement as to the condition of
the Vehicles.
SAM intends to conduct a live Auction Sale of the Vehicles on
September 20, 2025, commencing at 10:00 a.m. (EST), at the Saratoga
Casino Hotel located at 342 Jefferson St, Saratoga Springs, New
York.
SAM's standard Terms of Sale are detailed in its Bidding Contract,
a copy of which
is annexed as Exhibit B (Terms of Sale).
https://urlcurt.com/u?l=wwARa4
The Trustee, in consultation with SAM and his other professionals,
has determined that the proposed Auction Sale will ensure that the
Auction will garner the highest and best sale price for the
Vehicles.
The Trustee seeks approval of the sale of the Vehicles free and
clear of all Liens.
The Trustee is aware of one lien asserted against the Vehicles –
specifically the 2020 Lamborghini
Aventador - by Denali State Bank and Woodside Credit, LLC in the
principal amount of $392,068.57.
To obtain maximum value for the Vehicles, the successful bidders at
the Auction Sale must be assured that they are purchasing the
Vehicles free and clear of all Liens, with any such Liens to attach
to the net sale proceeds realized through the Auction Sale.
The Trustee is seeking to sell the Vehicles to potential
purchasers, subject to higher or better offers, at the Auction
Sale. Therefore, the Trustee respectfully requests that the
successful bidders at the Auction Sale be afforded the protections
under section 363(m) of the Bankruptcy Code.
About Prime Capital Ventures LLC
Prime Capital owns a residential property located at 600 Linkhorn
Drive, Virginia Beach, VA 23451, valued at $4.02 million.
Prime Capital Ventures, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. N.D.N.Y. Case No.
24-11029) on Sept. 16, 2024, listing $6,452,230 in assets and
$244,529,327 in liabilities. The petition was signed by Christian
H. Dribusch as manager.
Christian H. Dribusch, Esq., at Dribusch Law Firm, is the Debtor's
counsel.
Yann Geron is appointed as trustee in this Chapter 11 case. He
tapped Geron Legal Advisors LLC as bankruptcy counsel and Klestadt
Winters Jureller Southard & Stevens LLP as special litigation
counsel.
PRIMERO SPINE: Gets Extension to Access Cash Collateral
-------------------------------------------------------
Primero Spine and Joint, LLC received interim approval from the
U.S. Bankruptcy Court for the Middle District of Florida,
Jacksonville Division, to use cash collateral.
The interim order signed by Judge Jacob Brown authorized the Debtor
to use cash collateral to pay the amounts expressly authorized by
the court, including payments to the U.S. trustee for quarterly
fees; the "bare necessities" for day-to-day operations;
pre-bankruptcy wages to employees who are retained by the Debtor;
and additional amounts subject to approval in writing by secured
creditors. This authorization will continue until further order of
the court.
GFE Holdings and the U.S. Small Business Administration are the
creditors identified by the Debtor, which may have a security
interest in the cash collateral. This cash collateral consists of
pre-bankruptcy cash in the Debtor's operating accounts.
As adequate protection, the secured creditors will be granted a
perfected post-petition lien on the cash collateral, with the same
validity, priority and extent as their pre-bankruptcy lien.
As additional protection, the Debtor was ordered to keep its
property insured in accordance with its loan agreements with the
secured creditors.
The next hearing is scheduled for September 9.
About Primero Spine and Joint
Primero Spine and Joint, LLC filed Chapter 11 bankruptcy petition
(Bankr. M.D. Fla. Case No. 25-01017) on April 1, 2025, listing
between $100,001 and $500,000 in assets and between $500,001 and $1
million in liabilities. Jerrett McConnell, Esq., at McConnell Law
Group, P.A. serves as Subchapter V trustee.
Judge Jacob A. Brown oversees the case.
The Debtor tapped Donald M. DuFresne, Esq., at Parker & DuFresne,
P.A. as legal counsel and William G. Haeberle, CPA, LLC as
accountant.
PRINCE LAND: Seeks Chapter 11 Bankruptcy in Florida
---------------------------------------------------
On August 1, 2025, Prince Land Inc. filed Chapter 11 protection
in the Southern District of Florida. According to court filing,
the Debtor reports $12,201,095 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Prince Land Inc.
Prince Land Inc. provides site development and general contracting
services, including demolition, earthwork, underground utilities,
concrete work, and pavement striping. It operates in Florida,
primarily serving commercial, residential, and industrial
projects.
Prince Land Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18992) on August 1,
2025. In its petition, the Debtor reports total assets of
$3,771,595 and total liabilities of $12,201,095.
Honorable Bankruptcy Judge Erik P. Kimball handles the case.
The Debtor is represented by Craig I. Kelley, Esq. at KELLEY KAPLAN
& ELLER, PLLC.
PROFESSIONAL DIVERSITY: SR CPA Succeeds Sassetti as Auditor
-----------------------------------------------------------
Professional Diversity Network, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that it
received a resignation letter from Sassetti LLC, the independent
registered public accounting firm for the Company, stating that its
resigning from its role as the Company's independent registered
public accounting firm on July 24, 2025.
The Company and Sassetti engaged in initial communications
regarding the resignation on July 24, 2025, and the Company
received the executed resignation letter on July 30, 2025
following the settlement of outstanding payments and logistical
matters between the parties. Sassetti's decision to resign as
auditor for the Company was based upon scheduling conflict and its
resources and not based upon any issues related to the Company's
audit. The Board did not participate in Sassetti's decision to
resign.
The reports of Sassetti on the Company's financial statements as of
and for the two most recent fiscal years ended December 31, 2024
and December 31, 2023, did not contain an adverse opinion or a
disclaimer of opinion, nor was qualified or modified as to
uncertainty, audit scope or accounting principles, except that each
report on the Company's consolidated financial statements contained
an explanatory paragraph regarding the Company's ability to
continue as a going concern due to its recurring losses from
operations and net capital deficiency.
During the Company's two most recent fiscal years ended December
31, 2024 and December 31, 2023, and the subsequent interim period
through Sassetti's resignation, there were no "disagreements"
(within the meaning of Item 304(a)(1)(iv) of Regulation S-K and the
related instructions under the Securities Exchange Act of 1934, as
amended) between the Company and Sassetti on any matter of
accounting principles or practices, financial statement disclosure
or auditing scope or procedure, which disagreements, if not
resolved to the satisfaction of Sassetti, would have caused
Sassetti to make reference to the subject matter of the
disagreements in connection with its reports on financial
statements of the Company for such years. During this same period,
there were no "reportable events" (within the meaning of Item
304(a)(1)(v) of Regulation S-K and the related instructions under
the Exchange Act).
Engagement of new independent registered public accounting firm
Following Sassetti's resignation, the Company has engaged SR CPA &
Co., a Public Company Accounting Oversight Board registered firm ,
as the independent registered public accounting firm for the
Company, effective on July 31, 2025. The Audit Committee of the
Company approved the engagement of SR CPA.
During the Company's two most recent fiscal years (ended December
31, 2023 and December 31, 2022) and the subsequent interim period
prior to the engagement of SR CPA, neither the Company, nor anyone
on the Company's behalf, consulted with SR CPA regarding either:
(1) the application of accounting principles to any specified
transaction, either completed or proposed, or the type of audit
opinion that might be rendered on the Company's financial
statements; or
(2) any matter that was either the subject of a disagreement
(as defined in Regulation S-K, Item 304(a)(1)(iv) and the related
instructions) or reportable event (as defined in Regulation S-K,
Item 304(a)(1)(v))
About Professional Diversity
Headquartered in Chicago, Illinois, Professional Diversity Network,
Inc. -- https://www.prodivnet.com/ -- is a global developer and
operator of online and in-person networks that provides access to
networking, training, educational, and employment opportunities for
diverse professionals. The Company operates subsidiaries in the
United States, including National Association of Professional Women
(NAPW) and its brand, International Association of Women (IAW),
which is one of the largest, most recognized networking
organizations of professional women in the country, spanning more
than 200 industries and professions. Through an online platform and
its relationship recruitment affinity groups, the Company provides
its employer clients a means to identify and acquire diverse talent
and assist them with their efforts to comply with the Equal
Employment Opportunity Office of Federal Contract Compliance
Program. The Company's mission is to utilize the collective
strength of its affiliate companies, members, partners, and unique
proprietary platform to be the standard in business diversity
recruiting, networking, and professional development for women,
minorities, veterans, LGBTQ+, and disabled persons globally.
Oak Brook, Illinois-based Sassetti LLC, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended Dec. 31, 2024, citing that the Company has
incurred recurring operating losses, has a significant accumulated
deficit, and will need to raise additional funds to meet its
obligations and the costs of its operations. These conditions raise
substantial doubt about the Company's ability to continue as a
going concern.
As of Dec. 31, 2024, Professional Diversity Network had $7,981,801
in total assets, $3,140,897 in total liabilities, and a total
stockholders' equity of $4,840,904.
QNITY ELECTRONICS: S&P Assigns 'BB+' ICR, Outlook Stable
--------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issuer credit rating to Qnity
Electronics Inc., assuming the spin-off will be successfully
completed in late 2025. The outlook is stable.
At the same time, S&P assigned its 'BB+' issue-level rating on the
proposed senior secured term loan facility, recovery rating is
'3'.
S&P said, "The stable outlook reflects expectations that the
spin-off will progress smoothly without setbacks to the operations,
earnings, and cash flow. Additionally, we forecast total adjusted
debt to EBITDA of 2x-3x and free operating cash flow (FOCF) to
adjusted debt slightly above 15% over the next 12-24 months."
On May 22nd, 2024, DuPont de Nemours, Inc. (DuPont) announced its
plan to separate its Electronics business, via a tax-free spin-off,
to create a distinct publicly traded company, Qnity Electronics
Inc.
As part of the spin-off, Qnity will raise proceeds through a
proposed $1.6 billion senior secured term loan B due 2032. The
company plans to use the proceeds to pay dividends to DuPont in
connection with the spin-off.
Qnity is well positioned to serve the growing semiconductor and
electronics value chain, backed by well-established products,
customer base, and global assets from DuPont. After the spin-off,
Qnity will be a leading provider of electronic materials and
component solutions for the semiconductor and electronics markets.
The company is well-positioned to benefit from accelerating demand
in high-growth technology applications, supported by secular trends
such as artificial intelligence (AI), high-performance computing,
and advanced connectivity. While part of DuPont, the business
established a good competitive position, strong R&D foundation, and
deep relationships with leading semiconductor manufacturers such as
Taiwan Semiconductor Manufacturing Co Ltd. (TSMC), Samsung
Electronics Co. Ltd.
As a stand-alone entity, Qnity will carry forward core capabilities
and a comprehensive product portfolio. The business will operate
through two segments. Semiconductor technologies (57% of total
revenues), which offers products such as lithographic materials,
chemical mechanical planarization (CMP) pads, advanced cleans and
slurries, and specialty sealant. These are primarily
high-performance consumable material solutions used in conjunction
with fab equipment across critical front-end semiconductor
manufacturing. Interconnect solutions (43%) offers advanced circuit
materials and solutions for advanced packaging, as well as thermal
and power management etc. They are widely used by semi foundries,
outsourced semi assembly and test providers, original equipment
manufacturers (OEMs), and electronics manufacturing services (EMS).
The company's products are consumable or unit-driven, with over 90%
of Qnity's revenue in 2024 generated from products that are either
utilized in the manufacturing process or incorporated into final
electronic devices.
That said, the strengths are partially offset by several moderating
factors. The company's core semiconductor end market is inherently
cyclical, and key customers' procurement and sourcing decisions
tend to follow similar cycles, leading to potential revenue and
earnings volatility. Its top 10 customers account for 34% of total
revenue and are mostly tied to the semiconductor industry. Qnity's
geographic revenue mix is notably concentrated in Asia, with 34% of
revenue derived from China, followed by Korea (16%), Taiwan (14%),
and the U.S. (12%). This means it is inevitably exposed to
macroeconomic risks like trade tariffs and global economic trends,
although S&P currently does not view direct tariff impact as
material--it estimates only 5% of revenue is exposed.
S&P said, "We expect modest growth in 2025-2026 and strong cash
flow generation, supporting net leverage of 2x-3x. On a stand-alone
basis, Qnity would have generated $4.3 billion of revenue in 2024.
For 2025, we project $4.3 billion-$4.4 billion of revenue, or flat
to low-single-digit percent growth. This outlook incorporates
ongoing macroeconomic and tariff-related headwinds, which will
likely weigh on semiconductor demand, along with continued softness
in consumer electronics. We expect a return to mid-single-digit
percent growth in 2026, driven by improving market conditions and
increased production volumes.
"We assume S&P Global Ratings-adjusted EBITDA margin of 35%-36%
over 2025-2026, supported by the company's continued focus on
supply chain optimization, facility modernization, automaton
investments, and disciplined cost management. We estimate Qnity
will require moderate working capital of $50 million-$75 million
annually, and capital expenditure (capex) of 6%-8% of total revenue
over cycles. Additionally, we assume the company will return some
capital to shareholders through share repurchases of about $50
million and dividends of $70 million to $90 million annually. In
our debt calculation, we net about 90% of surplus cash against a
pro forma debt load of $4.1 billion.
"Under our base-case scenario, we expect Qnity to generate annual
FOCF of more than $500 million, with FOCF to debt at 15% or more.
We forecast S&P Global Ratings adjusted debt to EBITDA to be about
2.7x in 2025, declining to 2.3x in 2026 with support from organic
EBITDA growth and strong free cash flow generation.
"We expect good liquidity and prudent financial policy post
spin-off, while recognizing litigation exposure may bring some
downside risk. Pro forma for the spin-off, the company is expected
to have about $750 million cash on hand, along with access to a
$1.25 billion revolver (undrawn at close). Combined with strong
annual FOCF generation of more than $500 million, we expect Qnity
to maintain a solid liquidity position post spin-off. Additionally,
we expect the company to pursue a disciplined capital allocation
strategy, with an emphasis on organic growth and spin-off
execution, while selectively investing in secular growth areas. We
do not anticipate large debt-funded acquisitions in the near term
that would increase leverage. We also expect shareholder rewards
(dividends and share buybacks) to be modest and funded from excess
cash.
"That said, we recognize that Qnity's business operations may
involve litigations from time to time (related to pollution), as
part of the normal course of business. While the timing and
magnitude of such cases are inherently uncertain, we typically
include any disclosed contingent liabilities in our debt
calculations based on companies' public financial reporting.
Although we currently do not assume any such liabilities in our
financial metric calculations, future material cases could present
downside risk to our base-case.
"The stable outlook reflects expectations that the spinoff from
DuPont will be function smoothly without meaningful setbacks to the
operations, earnings and cashflow. Our base case assumes total
adjusted debt to EBITDA between 2x and 3x and free operating cash
flow to adjusted debt slightly above 15% over the next 12-24
months."
S&P could lower ratings if credit metrics fall below its
expectations. This could occur if:
-- Headwinds from macro conditions or spin off disruptions
negatively impact earnings levels and cash flow generation, such
that total adjusted debt to EBITDA increases to 3x or more; or
-- Total adjusted debt to EBITDA is 2x-3x and FOCF to adjusted
debt declines to 15% or less.
While not likely in the near-term, S&P could raises ratings if:
-- The company continues to scale its operations and improves its
earnings and FOCF generation over time. As these improvements
progress, its business profile is increasingly aligned with that of
investment-grade peers; and
-- Total adjusted debt to EBITDA equals or declines below 1.5x
with the FOCF to debt of 15%-25%; or
-- Total adjusted debt to EBITDA is 1.5x-2x and FOCF to adjusted
debt is above 25%.
QUIDELORTHO CORP: S&P Assigns 'B+' ICR, Outlook Positive
--------------------------------------------------------
S&P Global Ratings assigned a 'B+' issuer credit rating to
QuidelOrtho Corp., a San Diego, Calif.-based provider of diagnostic
testing solutions.
S&P said, "We also assigned 'B+' issue-level ratings to the
proposed $700 million revolving credit facility, $1.1 billion term
loan A, $100 million delayed draw term loan A, and $1.5 billion
term loan B.
"The positive outlook reflects our expectation that we could raise
the rating by one notch if QuidelOrtho's leverage declines below
4.5x over the next 12 months, which we expect would come from a
combination of EBITDA growth and debt repayment."
QuidelOrtho continues to operate with stable organic revenue growth
and is approaching the end of the integration expenses associated
with its 2022 merger. However, its S&P Global Ratings-adjusted
leverage remains high at an estimated 5x as of June 30, 2025.
The 'B+' rating on QuidelOrtho reflects its entrenched position in
the diagnostics market with a high degree of recurring revenue,
offset by its relatively small scale and high leverage compared
with its peers. QuidelOrtho has a leading position in the
fragmented and highly competitive clinical diagnostics market with
a high degree of recurring revenue (about 95% of total revenue).
While the company has leading positions in its end markets, it does
not have the same level of geographic and end-market diversity as
its higher-rated peers. Additionally, it lacks the scale and
capital of its higher-rated peers and is more exposed to
competitive threats from changes in technology.
The company was formed from the merger of Quidel Corp. and Ortho
Clinical Diagnostics in 2022, and leverage remains above 5x due to
integration costs associated with the merger, elevated research and
development expenses, and other restructuring costs. While the
company experienced a windfall from at-home COVID-19 tests, that
revenue has declined sharply over the past few years. QuidelOrtho
is now approaching an inflection point where the decline in
COVID-19-related revenues has run its course and its integration
process is almost complete. This, combined with additional
cost-cutting efforts, will allow the company to return to positive
revenue and EBITDA growth in 2026.
Dry-slide technology provides a competitive advantage in the labs
segment. QuidelOrtho's labs segment produces laboratory instruments
and tests to be used in routine chemistry (such as to measure
target chemicals in bodily fluids), immunoassays (measure proteins
that act as antigens, antibodies, or health markers), and other
testing that detects and monitors disease progression. It
differentiates itself from competitors by offering dry-format
(waterless) technology. This benefits small to mid-size lab
facilities because there is no plumbing required for installation,
equipment can be easily relocated, and, it has a relatively low
cost of ownership.
Barriers to entry in this space are high because no major
competitor in the U.S. market offers this technology and doing so
would require significant investment. A downside of dry-format
technology is throughput limitations that would not be able to
sustain the capacity for a large laboratory. As such, the company
is focused on the small to mid-size market.
S&P's view of QuidelOrtho's business is constrained by its
relatively small scale compared with some of its competitors and
the highly competitive nature of the diagnostics business. The
company operates in a highly fragmented industry, facing
competition from much larger peers such as Abbott Laboratories,
Thermo Fisher Scientific, and Danaher, which possess significantly
greater capital for innovation and research and development. Its
relatively limited scale and diversification contrasts that of many
competitors with broader health care and industrial portfolios that
mitigate risks associated with potential market fluctuations. This
concentration exposes the company to heightened unpredictability
and seasonal variability.
While QuidelOrtho has demonstrated success in contract renewals,
the fiercely competitive diagnostics landscape restricts its
pricing power, driving price erosion over the long term.
Consequently, this amplifies the importance of continued product
improvement and new test and offering developments to effectively
address evolving market demands. The company has been investing
heavily in developing new technology, which has kept its
profitability relatively lower (the low-20% area) compared with its
higher-rated peers. S&P said, "While we expect profitability to
improve as one-time expenses decline, we still do not expect its
EBITDA margin to approach the levels of its higher-rated peers
(above 30%) due to the highly competitive nature of the pure-play
diagnostics market."
S&P said, "We believe QuidelOrtho's expected EBITDA and cash flow
growth provide it with an opportunity to materially reduce leverage
over the next 12 months. The company's leverage, as of the last 12
months ended June 30, 2025, was elevated at an estimated 5x and its
free operating cash flow was negative. Leverage has remained high
due to elevated one-time costs related to restructuring and merger
integration expenses. We expect these costs to decline in 2025 and
2026, which, combined with our revenue growth expectations,
translates to free operating cash flow approaching break-even in
2025 and increasing to $150 million-$200 million in 2026. As a
result, we believe leverage could decline below our 4.5x upgrade
threshold by the end of 2026."
However, the pace at which the company reduces leverage will likely
be driven by its financial policy. QuidelOrtho has a stated
leverage target of 2.5x-3.5x but has no track record of operating
at that level. Additionally, the company has shown a willingness to
pursue acquisitions, and these acquisitions could result in further
integration costs or elevated capital expenditure (capex) that
could delay any potential deleveraging.
The positive outlook reflects our expectation that S&P could raise
its rating on QuidelOrtho if it believes its leverage will likely
decline below 4.5x over the next 12 months due to EBITDA growth and
debt repayment.
S&P could revise the outlook to stable if it no longer expects the
company's leverage to decline below 4.5x over the next 12 months.
This could occur if:
-- Acquisition and integration costs remain elevated beyond 2025;
-- The company's revenue declines due to customer losses and
increased competition; or
-- It adopts a more aggressive financial policy, prioritizing its
excess cash flow for shareholder rewards or further acquisitions
over debt repayment.
S&P could raise the rating if organic growth remains steady, the
company benefits from lower one-time costs, and it expects leverage
will remain below 4.5x on a sustained basis.
RAS DATA: Seeks Chapter 11 Bankruptcy in Illinois
-------------------------------------------------
On August 1, 2025, RAS Data Services Inc. filed Chapter 11
protection in the Northern District of Illinois. According to
court filing, the Debtor reports between $10 million and $50
million in debt owed to 100 and 199 creditors. The petition states
funds will be available to unsecured creditors.
About RAS Data Services Inc.
RAS Data Services Inc. provides railcar management services across
the United States, integrating mechanical and accounting functions
with internet-based applications and 24/7 support to optimize
maintenance costs and fleet utilization. Founded in 2002, the
Company manages approximately 500,000 railcars for shippers,
operating lessors, utilities and short-line railroads.
RAS Data Services Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-11837) on August 1,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Michael B. Slade handles the case.
The Debtor is represented by Adam P. Silverman, Esq. at ADELMAN &
GETTLEMAN, LTD.
RB BIOSCIENCE: Voluntary Chapter 11 Case Summary
------------------------------------------------
Debtor: RB Bioscience Stilwell LLC
471833 East Hwy 51
Stilwell, OK 74960
Business Description: RB Bioscience Stilwell LLC operates as a
medical cannabis processor and cultivator
based in Stilwell, Oklahoma. The Company
engages in the production and development of
cannabis-based health products for the
regulated medical market.
Chapter 11 Petition Date: August 5, 2025
Court: United States Bankruptcy Court
Eastern District of Oklahoma
Case No.: 25-80716
Debtor's Counsel: Joe Byars, Esq.
HELTON LAW FIRM
9125 S. Toledo Ave.
Tulsa OK 74137
Tel: 918-928-7104
Email: joe@heltonlawfirm.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Nimesh Patel as manager.
The Debtor failed to attach a list of its 20 largest unsecured
creditors to the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/5USLRVI/RB_Bioscience_Stilwell_LLC__okebke-25-80716__0001.0.pdf?mcid=tGE4TAMA
RECESS HOLDCO: S&P Alters Outlook to Stable, Affirms 'B+' ICR
-------------------------------------------------------------
S&P Global Ratings revised its outlook on Recess Holdco LLC (First
Student) to stable from negative. S&P also affirmed its 'B+' issuer
credit rating.
S&P said, "At the same time, we assigned our 'B+' issue-level
rating to the company's new and extended term loans B and C, and
affirmed our 'B+' issue level rating on the company's existing
revolver and senior secured notes. The first-lien recovery rating
is unchanged at a '3', reflecting our expectation for meaningful
recovery.
"The stable outlook reflects our expectation that First Student's
operating performance will be supported by steady demand in the
student transportation sector and its market leading position
driving strong customer retention and renewal rates, with FFO to
debt of 14%-16% over the next two years."
First Student's metrics have improved, with S&P adjusted EBITDA
margin increasing 300 basis points (bps) since fiscal 2023. S&P
estimates adjusted FFO to debt of about 12% in fiscal 2025 (ended
June 30, 2025) after about 7% revenue growth and S&P EBITDA margins
of about 18%. The company's operating performance over the past few
years was impacted by ongoing driver shortage issues, which
resulted in higher training and retention costs as well as lost
revenue due to its inability to operate more routes amid a
widespread return to in-person schooling after the pandemic. Since
then, the company has steadily recovered driver staffing levels and
reduced turnover through initiatives such as improving training to
start time and increasing benefits.
Furthermore, First Student has been repricing its lower-priced
contracts initiated during the pandemic. S&P said, "At-risk
(defined as contracts up for renewal) pricing increased about 13%
for the past school year and we anticipate a 10% increase for the
upcoming school year. We expect fiscal 2026 to be the last year of
material contract repricing, and thereafter project more-normalized
revenue growth of mid-single-digit percent in the traditional
home-to-school segment. Labor costs remain elevated in an
inflationary environment, and we expect modest incremental margin
improvement coupled with about 6.5% revenue growth in fiscal 2026
to result in FFO to debt of about 15% in fiscal 2026, before
improving to 17% in fiscal 2027." While services beyond traditional
home-to-school, including First Alt (special needs transportation)
and First Services (consulting), constitute a smaller portion of
its revenue, they contribute asset-light, higher-growth revenue
that can improve margins over the longer term.
S&P said, "We expect positive free cash flow in fiscal 2025, a
meaningful improvement from about a $70 million deficit in fiscal
2024. We project adjusted FOCF to debt of about 4% in fiscal 2026,
as higher capex to refresh fleet after some deferrals in fiscal
2024 is sufficiently funded by steady operating performance and
cash flow generation. In addition, we expect First Student to
benefit from recently reinstated 100% bonus depreciation for buses
acquired, which should provide some tax savings.
"Our rating reflects First Student's leading market position in the
student transportation industry, as well as its sponsor ownership.
First Student remains the largest student transportation operator
in North America, holding approximately 25% share of the outsourced
market, followed by STA and Beacon Mobility, each with around 10%
market share in a highly fragmented industry. While revenue mix
between core home-to-school contracts and other services varies
across operators, our rating on First Student reflects its scale
advantage, with roughly $4 billion in annual revenue and a larger
EBITDA base supported by margins in high-teens percent. We expect
the company to continue to invest in its business, including
technology deployment across vehicles to enhance route efficiency
and safety, as well as ongoing electric vehicle (EV) adoption for
its school bus fleet, the latter of which should be largely
subsidized by government grants. Lastly, while acquisition activity
has slowed this year, First Student may pursue additional tuck-in
opportunities as part of its broader growth strategy over the
longer term, which could increase leverage and integration-costs.
"The stable outlook reflects our expectation that First Student
will maintain mid-single-digit percent revenue growth, driven by
steady demand, strong customer retention and renewal rates, and
contractual annual price increases. We project modest improvement
in profitability with adjusted EBITDA margins of high-teens percent
over the next two years, supported by stable driver staffing,
consistent pricing gains, and a growing mix of higher-margin
services, with FFO to debt of 14%-16% over our forecast period."
S&P could lower its ratings on First Student over the next 12
months if it expects FFO to debt will decline below 12% or FOCF to
be negative on a sustained basis. This could occur if:
-- The company changes strategy significantly or loses market
share, constraining earnings or cash flow; or
-- Sponsor EQT's financial policy is more aggressive than S&P
currently anticipates, including significant debt-funded
shareholder distributions or acquisitions.
S&P could raise its ratings on First Student if:
-- FOCF to debt sustains well above 5%;
-- FFO to debt comfortably exceeds 12%; and
-- The company's sponsor commits to maintaining these improved
ratios.
RED RIVER: Ex-Judge Tapped to Re-examine Talc Evidence
------------------------------------------------------
Jef Feeley of Bloomberg News reports that a retired federal judge
has been tapped to help determine the outcome of thousands of
cancer lawsuits involving Johnson & Johnson's baby powder, despite
her law firm's involvement in representing the company in other
legal matters.
Freda Wolfson was selected earlier this summer to reexamine how
expert analyses of scientific evidence were conducted in cases
alleging a link between J&J's talc-based powder and cancer. She
brings relevant experience, having previously led a similar review
while presiding over related litigation accusing the company of
downplaying health risks.
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.
RED ROCK: Seeks to Hire Robin Olvera as Bookkeeper
--------------------------------------------------
Red Rock Mega Storage LLC seeks approval from the U.S. Bankruptcy
Court for the District of Nevada to employ Robin Olvera, a
professional doing business in Nevada, as bookkeeper in its Chapter
11 case.
Ms. Olvera will provide these services:
(a) prepare monthly operating reports required in the Chapter
11 reorganization case;
(b) reconcile all bank accounts and financial reports produced
by Argus Professional Storage Management;
(c) prepare monthly financial statements, including profit &
loss statements and balance sheets;
(d) prepare and file sales tax returns, property tax returns,
and personal property tax filings;
(e) perform construction accounting activities as needed;
(f) consolidate operational activities to Red Rock Mega
Storage's consolidated books; and
(g) deliver other specified services as requested.
Ms. Olvera will receive a flat monthly fee of $2,500, according to
the Bookkeeping Services Agreement.
According to court filings, Robin Olvera is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code.
The firm representing the Debtor can be contacted at:
Kevin A. Darby, Esq.
Tricia M. Darby, Esq.
Darby Law Practice, Ltd.
499 W. Plumb Lane, Suite 202
Reno, NV 89509
Telephone: (775) 322-1237
E-mail: kevin@darbylawpractice.com
tricia@darbylawpractice.com
About Red Rock Mega Storage
Red Rock Mega Storage, LLC operates a storage facility offering a
range of unit sizes, including climate-controlled spaces and
enclosed units for RV and boat storage. It serves customers in
Reno, Nevada, with 24/7 access and on-site amenities.
Red Rock Mega Storage sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Nev. Case No. 25-50549) on June 17,
2025. In its petition, the Debtor reported between $10 million and
$50 million in assets and liabilities.
Judge Hilary L. Barnes oversees the case.
The Debtor is represented by Kevin A. Darby, Esq., at Darby Law
Practice.
REDBIRD REALTY: Voluntary Chapter 11 Case Summary
-------------------------------------------------
Debtor: Redbird Realty LLC
471833 East Hwy 51
Stilwell, OK 74960
Business Description: Redbird Realty LLC leases and manages
residential and commercial real estate
properties. The Company operates in the
United States, focusing on rental income and
property ownership.
Chapter 11 Petition Date: August 5, 2025
Court: United States Bankruptcy Court
Eastern District of Oklahoma
Case No.: 25-80715
Debtor's Counsel: Joe Byars, Esq.
HELTON LAW FIRM
9125 S. Toledo Ave.
Tulsa OK 74137
Tel: 918-928-7104
E-mail: joe@heltonlawfirm.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Nimesh Patel as manager.
The Debtor did not submit the required list of its 20 largest
unsecured creditors when filing the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/4324FZQ/Redbird_Realty_LLC__okebke-25-80715__0001.0.pdf?mcid=tGE4TAMA
REEF POOLS: Unsecured Creditors to Split $12K over 3 Years
----------------------------------------------------------
Reef Pools, LLC, filed with the U.S. Bankruptcy Court for the
Middle District of Florida a Plan of Reorganization dated July 29,
2025.
The Debtor is general contractor that works on pools and pool
related construction in Manatee and Sarasota Counties. The Debtor's
principal place of business is located at 5836 Gulf Drive Suite
#102, Holmes Beach FL 34217.
This Plan provides for: 1 class of unsecured claims.
Class 1 consists of the Allowed Unsecured Claims against the
Debtor. This Class is Impaired.
* Consensual Plan Treatment: The liquidation value or amount
that unsecured creditors would receive in a hypothetical chapter 7
case is approximately $0.00. Accordingly, the Debtor proposes to
pay unsecured creditors a pro rata portion of $12,000.00. Payments
will be made in equal quarterly payments of $1,000.00. Payments
shall commence on the fifteenth day of the month, on the first
month that begins more than fourteen days after the Effective Date
and shall continue quarterly for eleven additional quarters.
Pursuant to Section 1191 of the Bankruptcy Code, the value to be
distributed to unsecured creditors is greater than the Debtor's
projected disposable income to be received in the 3-year period
beginning on the date that the first payment is due under the
plan.
* Nonconsensual Plan Treatment: The liquidation value or
amount that unsecured creditors would receive in a hypothetical
chapter 7 case is approximately $0.00. Accordingly, Debtor proposes
to pay unsecured creditors a pro rata portion of its Disposable
Income. 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 fifteenth day of
the month, on the first month that is ninety days after the
Effective Date and shall continue quarterly for eleven additional
quarters.
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 29, 2025
is available at https://urlcurt.com/u?l=bcEgt8 from
PacerMonitor.com at no charge.
About Reef Pools LLC
Reef Pools, LLC, is a company involved in swimming pool
construction, installation, or maintenance based in Bradenton,
Fla.
Reef Pools sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02852) on April
30, 2025. In its petition, the Debtor reported assets between
$50,000 and $100,000 and liabilities between $100,000 and
$500,000.
Judge Catherine Peek Mcewen handles the case.
The Debtor is represented by Kevin Comer, Esq., at Comer Law Firm.
RENOVARO INC: Board Chair Maurice van Tilburg to Resign Aug. 22
---------------------------------------------------------------
Renovaro Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that Maurice van Tilburg,
Chairman of the Board of Directors, notified the Board of his
resignation as Chairman of the Board, effective August 22, 2025.
Mr. Tilburg's resignation was not the result of any disagreement
with the Company on any matter relating to its operations,
policies, or practices. The resignation is due to his recent
acceptance of a leadership position at another company in an
unrelated sector, which will limit his availability to dedicate
sufficient time to the Company.
The Board of Directors and management thank Mr. Tilburg for his
dedicated service and leadership during his tenure and wish him
continued success in his future endeavors.
About Renovaro Inc.
Headquartered in Los Angeles, Calif., Renovaro Inc. --
http://www.renovarobio.com-- formerly Renovaro BioSciences Inc.,
is a biotechnology company intending, if the necessary funding is
obtained, to develop advanced allogeneic cell and gene therapies to
promote stronger immune system responses potentially for long-term
or life-long cancer remission in some of the deadliest cancers, and
potentially to treat or cure serious infectious diseases such as
Human Immunodeficiency Virus (HIV) infections. As a result of the
Company's acquisition of GEDi Cube Intl on Feb. 13, 2024, the
Company has shifted the Company's primary focus and resources to
the development of the GEDi Cube Intl technologies.
Draper, Utah-based Sadler, Gibb & Associates, LLC, the Company's
auditor since 2018, issued a "going concern" qualification in its
report dated Oct. 10, 2024, citing that the Company has incurred
substantial recurring losses from operations, has used cash in the
Company's continuing operations, and is dependent on additional
financing to fund operations which raises substantial doubt about
its ability to continue as a going concern.
As of December 31, 2024, Renovaro had $111,340,272 in total assets,
$29,280,954 in total liabilities, and total stockholders' equity of
$82,059,318.
RIVERSIDE EXPRESS: Seeks to Hire Michael Jay Berger as Counsel
--------------------------------------------------------------
Riverside Express Car Wash, LLC seeks approval from the U.S.
Bankruptcy Court for the Central District of California to employ
the Law Offices of Michael Jay Berger as counsel.
The firm will render these services:
(a) prepare a Chapter 11 bankruptcy schedules and statements;
(b) advise regarding the Debtor's legal rights and obligations
in a bankruptcy proceeding;
(c) file notices of automatic stay;
(d) assist in preparing the documents and reports required by
the Office of the United States Trustee;
(e) represent at the first meeting of creditors;
(f) represent in opposition to any motion for relief from stay
that may be filed;
(g) assist in preparing the paperwork needed to continue and
conclude a Chapter 11 proceeding;
(h) respond to creditor inquiries;
(i) review proofs of claim filed in your bankruptcy;
(j) object to inappropriate claims;
(k) respond to all motions filed in your bankruptcy
proceeding;
(l) negotiate with creditors as needed; and
(m) prepare a proposed disclosure statement and plan of
reorganization.
The firm will be paid at these hourly rates:
Michael Berger, Partner $695
Sofia Davtyan, Partner $645
Angela Gill, Senior Associate $595
Robert Poteete, Mid-Level Associate $475
Senior Paralegal and Law Clerk $275
Paralegal $200
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $25,000, plus $1,738 filing fee
from the Debtor.
Mr. Berger, the sole owner of the firm, 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:
Michael Jay Berger, Esq.
Law Offices of Michael Jay Berger
9454 Wilshire Boulevard, 6th Floor
Beverly Hills, CA 90212
Telephone: (310) 271-6223
Facsimile: (310) 271-9805
Email: Michael.berger@bankruptcypower.com
About Riverside Express Car Wash LLC
Riverside Express Car Wash LLC operates a car wash facility in
Riverside, California.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 6:25-bk-14654-RB) on
July 10, 2025. In the petition signed by Amariah Olson, managing
member, the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Magdalena Reyes Bordeaux oversees the case.
Michael Jay Berger, Esq., at Law Offices of Michael Jay Berger,
represents the Debtor as legal counsel.
RLI SOLUTIONS: Hires Burns Scalo Brokerage as Real Estate Broker
----------------------------------------------------------------
RLI Solutions Company seeks approval from the U.S. Bankruptcy Court
for the Western District of Pennsylvania to employ Burns Scalo
Brokerage, LLC as real estate broker.
The firm will perform these services:
a. meet with the Debtor to ascertain the Debtor's goals,
objectives, and financial parameters in selling the Properties;
b. solicit interested parties for the sale of each Property
and marketing of each Property for sale through an accelerated
sales process; and
c. negotiate the terms of the sale of each property.
The firm will receive compensation at these fees:
Leasing Commission:
(1) Three percent of the amount of the aggregate gross rent
payable by a tenant to Owner pursuant to a Qualifying Lease
Agreement; or
(2) In the event a transaction is consummated wherein a
Cooperating Broker is involved, 4 percent of the amount of the
gross rent payable by a tenant to Owner pursuant to a Qualifying
Lease Agreement.
For purposes of this agreement, the term "gross rent" shall
mean the base rent payable by a tenant under the entire term of the
applicable Qualifying Lease Agreement (exclusive of renewal
options) including any annual fixed increases to base rent. A
minimum transaction fee of $2,500 per Qualifying Lease Agreement is
owed to Broker if the Leasing Commission for the transaction as
determined by the formula set forth above would be less than
$2,500. If a Leasing Commission calculated per the formula above
would be equal to or greater than $2,500, no transaction fee will
be due, and Owner shall only be responsible for the Leasing
Commission amount as per rates above.
(c) The Leasing Commission shall be considered earned upon the
full execution of a Qualifying Lease Agreement and shall be due and
payable as follows: 50 percent of all lease payments received by
Owner from the tenant under the applicable Qualifying Lease
Agreement will be paid to broker within two (2) business days of
receipt by Owner until the Leasing Commission due with respect to
such Qualifying Lease Agreement is paid in full; provided, the
tenant has not failed to make any payments, the entire Leasing
Commission shall be due and payable by Owner to Broker within six
months from the rent commencement date under the Qualifying Lease
Agreement.
Sale Commission:
(1) three percent of the aggregate purchase price paid by a
buyer to Owner; or
(2) in the event a transaction is consummated wherein a
Cooperating Broker is involved, 4 percent of the aggregate purchase
price paid by a buyer to Owner.
In the event Owner fails to make timely payment of a Leasing
Commission or Sale Commission, then from the date due until paid
the delinquent amount shall bear interest at 4 percent above the
U.S. prime rate of interest quoted in the money rates column of the
Wall Street Journal on the date such payment was due.
Brian Walker, president of Burns Scalo Brokerage, assured the court
that the firm is a "disinterested person" within the meaning of 11
U.S.C. 101(14).
The firm can be reached through:
Brian Walker
Burns Scalo Brokerage, LLC
d/b/a NAI Burns Scalo Brokerage Services
965 Greentree Road, Suite 400
Pittsburgh, PA USA 15220
About RLI Solutions Company
RLI Solutions Company, doing business as Ronald Lane Inc., sought
protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
W.D. Pa. Case No. 22-21375) on July 17, 2022, listing as much as
$10 million in both assets and liabilities. Christopher Lane,
president of RLI Solutions Company, signed the petition.
Judge Thomas P. Agresti oversees the case.
Donald R. Calaiaro, Esq., at Calaiaro Valencik is the Debtor's
legal counsel.
SEBASTIAN HABIB: To Sell Austell Properties to AC Investment
------------------------------------------------------------
Sebastian Habib, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Georgia, Atlanta Division, to sell
Property, free and clear of liens, claims, and encumbrances.
The Debtor's Property are comprised of:
a. 5038 Austell Powder Springs Road, Austell, Georgia 30106 to be
sold for the purchase price of $166,000.00. Currently the only
outstanding lien on 5038 Austell is held by U.S. Bank Trust N.A.,
as Trustee for Legacy Mortgage Asset Trust 2024-INV1 in the amount
of $122,904.511
b. 5034 Austell Powder Springs Road, Austell, Georgia 30106 to be
sold for the purchase price of $166,000.00. Currently, the only
outstanding lien on 5034 Austell is held by U.S. Bank in the amount
of $122,904.51.
c. 2764 Whitewater Court, Austell, Georgia 30106 to be sold with
for the purchase price of $138,000.00. Currently, the only
outstanding liens on 2764 Whitewater are held by (i) U.S. Bank in
the amount of $122,904.51; and (ii) Sweetwater Valley Condominium
Association, Inc. in the amount of $7,985.52 (POC No. 2 at 2).
The Debtor wants to sell the Properties to AC Investment Georgia
LLC, its successors and/or assigns for a total purchase price of
$470,000.00.
The Purchase Agreements define the target date of closing as August
15, 2025 or sooner with the actual closing date to be determined
within the Due Diligence Period or any mutually agreed-upon
extension.
The Debtor believes the completion of the sale of the Properties is
in the best interest of the estate and its creditors.
The Debtor asserts that AC Investment Georgia LLC is a good faith
purchaser.
About Sebastian Habib, LLC
Sebastian Habib LLC is a domestic limited liability company
headquartered in Woodstock, Georgia.
Sebastian Habib LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-50148) on January 6,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Lisa Ritchey Craig handles the case.
Adam E. Ekbom, Esq. of Jones & Walden LLC represents the Debtor as
counsel.
SENOIA DRUG: Seeks to Hire Jones & Walden as Bankruptcy Counsel
---------------------------------------------------------------
Senoia Drug Co Inc. seeks approval from the U.S. Bankruptcy Court
for the Northern District of Georgia to hire Jones & Walden LLC as
counsel.
The firm will provide these services:
(a) prepare pleadings and applications;
(b) conduct of examination;
(c) advise the Debtor of its rights, duties and obligations;
(d) consult the Debtor and represent it with respect to a
Chapter 11 plan;
(e) perform legal services incidental and necessary to the
day-to-day operations of the Debtor's business; and
(f) take any and all other action incident to the proper
preservation and administration of the Debtor's estate and
business.
The firm will be paid at these hourly rates:
Attorneys $300 - $500
Paralegals/Law Clerks $150 - $250
In addition, the firm will seek reimbursement for expenses
incurred.
As of the petition date, the firm holds a $29,280 security retainer
for purposes of this case and its representation of the Debtor in
which the firm holds a lien.
Leon Jones, Esq., a partner at Jones & Walden, disclosed in a court
filing that the firm is "disinterested persons" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Leon S. Jones, Esq.
Jones & Walden LLC
699 Piedmont Avenue, NE
Atlanta, GA 30308
Telephone: (404) 564-9300
Email: ljones@joneswalden.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.
SERVICOM LLC: Coral Capital Not Entitled to Early Termination Fee
-----------------------------------------------------------------
In the adversary proceeding captioned as BARBARA H. KATZ, CHAPTER 7
TRUSTEE, Plaintiff v. EUGENE CALDWELL, DAVID JEFFERSON, and CORAL
CAPITAL SOLUTIONS LLC, Defendants, Case No. 19-3006 (Bankr. D.
Conn.), Chief Judge Ann M. Nevins of the United States Bankruptcy
Court for the District of Connecticut ruled that Coral Capital
Solutions LLC is not entitled to the early termination fee under a
pre-petition factoring agreement with Chapter 7 Debtors ServiCom,
LLC, JNET Communications, LLC, and Vitel Communications, LLC. The
pre-petition portion of Coral's proof of claim (Claim 79-3) will be
reduced by $1,141,875.
Coral claims entitlement to an Early Termination Fee totaling
$1,141,875.
Chapter 7 Trustee, Barbara H. Katz, creditor VFI KR SPE I, LLC, and
interested parties Rev. Dr. David Jefferson and Mr. Eugene Caldwell
argue Coral is not entitled to the Early Termination Fee, although
they do not dispute Coral's calculation of the sum it claims it is
owed.
The Trustee, VFI, J&C and Coral each seek summary judgment as to
Coral's entitlement to the Early Termination Fee. The Trustee, VFI
and J&C seek summary judgment on Count 7 of the Trustee's Amended
Complaint, Coral's Motion to Disburse Sale Proceeds, Coral's Notice
of Filing of Administrative Proof of Claim, and cross claims in
Case Nos. 19-03005 and 19-03006. Coral seeks judgment as to the
allowance of Proof of Claim 79-3, allowance of its Notice of Filing
of Administrative Proof of Claim as amended, and its Motion to
Disburse Sale Proceeds.
The Debtors (a/k/a "Sellers" in the Factoring Agreement) commenced
their voluntary Chapter 11 cases on Oct. 19, 2018. That same day
they sought an order authorizing use of cash collateral and sale of
the Debtors' accounts receivable to Coral. The Cash Collateral
Motion sought an order authorizing the Debtors to enter into a form
of agreement based on the pre-petition Factoring Agreement, dated
Oct. 17, 2011, without inclusion of the various amendments the
parties had agreed to between 2011 and the Petition Date. The Cash
Collateral Motion did not purport to assume the pre-petition
Factoring Agreement pursuant to 11 U.S.C. Sec. 365 nor to terminate
it. During the initial hearings on the Cash Collateral Motion the
parties were clear they used the form of the pre-petition Factoring
Agreement to quickly set forth their post-petition, temporary
agreement. The full prepetition Factoring Agreement, including
amendments, was not part of the record before the Court until after
the case converted to a Chapter 7 case.
The Court approved the initial Cash Collateral Motion on an interim
basis on Oct. 25, 2018, and ultimately entered a sixth interim
order approving the Cash Collateral Motion on Dec. 28, 2018.
After an early December 2018 shutdown of operations and a
mid-December 2018 auction of the Debtor's assets, the Court
converted the Chapter 11 case to a Chapter 7 case on Jan. 16, 2019.
Neither the Debtors as Chapter 11 debtors-in possession nor the
Chapter 7 Trustee assumed the pre-petition Factoring Agreement.
New York state law governs the Factoring Agreement.
Coral argues the Cash Collateral Order authorizing the parties to
enter into a postpetition agreement somehow terminated the
pre-petition Factoring Agreement.
According to Judge Nevins, the record before the Court does not
support a conclusion that Coral or the Debtors completed the
termination procedures in the Factoring Agreement. Under applicable
law, the Factoring Agreement did not automatically terminate upon
filing of the bankruptcy petition, and the Court's Cash Collateral
Orders did not terminate the Factoring Agreement. Because no
"termination" of the Factoring Agreement occurred, Coral is not
entitled to the Early Termination Fee, the Court finds.
In the absence of a termination of the contract, the Court need not
analyze whether, at the time the parties entered into the
agreement, damages resulting from a future breach were
ascertainable or whether the liquidated damage amount provided for
by the Early Termination Fee was conspicuously disproportionate to
the foreseeable losses.
A copy of the Court's Memorandum of Decision and Order is available
at https://urlcurt.com/u?l=ir1YZz from PacerMonitor.com.
About ServiCom LLC, et al.
JNET Communications LLC is a Delaware limited liability company
that provides over all management and administrative functions as
the holding company for ServiCom LLC and Vitel Communications LLC.
JNET, in conjunction with its subsidiaries, constitutes a full
service, outsource provider of customer contact management and
telecommunication infrastructure fulfillment services to Fortune
1000 companies. JNET was founded in July 2003 by David Jefferson,
a former senior executive of Comcast Corporation and AT&T
Corporation.
JNET has grown significantly since its founding. JNET realized on a
consolidated basis $80 million in revenues in 2017 and is on track
to generate revenues of $70 million in 2018 largely from its two
separate but complementary subsidiaries, ServiCom and Vitel. As of
the Petition Date, JNET independently employs approximately 31
people.
ServiCom provides a comprehensive suite of call center outsourcing
services to a broad range of industries. ServiCom maintains its
principal assets and operates a call center location in Milford,
CT. ServiCom also operates a call center location in Machesney
Park, IL. As of the Petition Date, ServiCom employs approximately
200 people.
Vitel provides installation and construction related services and
other customer management services to cable and telecom companies,
including installation of cable and telephone equipment, high speed
data and digital phone installation, multiple dwelling unit
construction and customer save services. Vitel currently operates
in Georgia, Maryland, New Jersey, Ohio and Texas. As of the
Petition Date, Vitel employs approximately 25 people.
ServiCom Canada is a limited company organized in Nova Scotia,
Canada, that is wholly owned by ServiCom. ServiCom Canada
maintains its principal assets and operates a call center location
in Sydney, Nova Scotia, from which location ServiCom Canada
primarily serves the clients of its ServiCom parent. As of the
ServiCom Canada Petition Date, ServiCom Canada employs
approximately 600 people.
After suffering significant losses in 2017 and 2018, ServiCom LLC,
JNET Communications LLC, and Vitel Communications LLC concurrently
filed Chapter 11 petitions (Bankr. D. Conn. Case Nos. 18-31722 to
18-31724) on Oct. 19, 2018, each estimating $10 million to $50
million in assets and liabilities.
Another affiliate, ServiCom Canada Limited, filed a Chapter 11
petition (Bankr. D. Conn. Case No. 18-31734) on Oct. 23, 2018,
estimating assets of $500,000 to $1 million and liabilities of $1
million to $10 million.
Zeisler and Zeisler, led by James Berman, serves as counsel to the
Debtors.
After an early December 2018 shutdown of operations and a
mid-December 2018 auction of the Debtor's assets, the Court
converted the Chapter 11 case to a Chapter 7 case on Jan. 16, 2019.
SHAHINAZ SOLIMAN: Court OKs Deal to Use SBA's Cash Collateral
-------------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Los Angeles Division, approved a stipulation between Shahinaz
Soliman Clinic Corp. and the U.S. Small Business Administration
regarding the use of cash collateral.
The SBA had previously extended a COVID Economic Injury Disaster
Loan totaling $2 million, secured by a broad lien on the Debtor's
personal property. As of the petition date, the loan balance was
approximately $2.05 million.
Under the stipulation, the SBA agrees to allow the Debtor to use
cash collateral through confirmation of its Chapter 11 plan, in
exchange for adequate protection. This includes: (1) a replacement
lien on post-petition revenues to the extent of any reduction in
collateral value due to the Debtor's use of the funds, (2) ongoing
monthly adequate protection payments of $2,140, and (3) the grant
of a potential priority claim for any post-petition diminution in
collateral value.
The Debtor agrees not to use cash collateral for insider payments
unless properly authorized and must continue to maintain insurance
on the SBA's collateral, provide timely financial reporting, and
seek plan confirmation diligently. The SBA retains all rights to
object to the plan, request further protections, and enforce its
loan rights. The agreement will remain effective until it is
amended, a plan is confirmed, or the Debtor's Chapter 11 case is
dismissed or converted.
The court previously approved the Debtor's interim use of SBA's
cash collateral until August 5 and the monthly payments of $2,140
to the agency.
A copy of the stipulation is available at
https://urlcurt.com/u?l=FdkWK6 from PacerMonitor.com.
About Shahinaz Soliman Clinic Corp.
Shahinaz Soliman Clinic Corp., dba Soliman Care Family Practice
Center Inc., is a family practice health center that offers
comprehensive healthcare services for individuals of all ages,
from pediatrics to geriatrics. The clinic specializes in both acute
and chronic care, focusing on prevention, diagnosis, and holistic
treatment. Led by Dr. Shahinaz Soliman, the center is committed to
providing compassionate, culturally competent, and patient centered
care to the community.
Shahinaz Soliman Clinic Corp. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-12747) on
April 2, 2025. In its petition, the Debtor reported estimated
assets between $100,000 and $500,000 and estimated liabilities
between $1 million and $10 million.
Judge Barry Russell handles the case.
The Debtor is represented by Michael Jay Berger, Esq., at the Law
Offices of Michael Jay Berger.
SHARPLINK GAMING: Joseph Chalom Named Co-Chief Executive Officer
----------------------------------------------------------------
SharpLink Gaming, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the board of
directors appointed Joseph Chalom to serve with Rob Phythian as
Co-Chief Executive Officer of the Company.
Mr. Phythian will remain the Company's principal executive officer.
It is anticipated that Mr. Phythian will transition to the role of
President over the next quarter and remain a member of the Board.
"Few executives in the world have had the kind of impact Joseph has
had in unlocking institutional adoption of digital assets, having
pioneered BlackRock's strategic entry into the space. His decision
to join SharpLink is a resounding validation of our ETH treasury
strategy and vision for Ethereum to drive profound, transformative
change across the global digital economy," stated Joseph Lubin,
SharpLink Chairman, Co-Founder of Ethereum and Founder and CEO of
Consensys, in a press release.
"I am joining SharpLink because I see a powerful opportunity to
help shape the future of financial infrastructure and decentralized
finance," said Mr. Chalom in the same press release. "SharpLink's
commitment to aligning its strategic direction with the Ethereum
ecosystem reflects a bold and forward-thinking vision – one that
deeply resonates with my passion for digital assets and scaling
innovative financial technologies. I'm thrilled to be leading
SharpLink into its next phase and harnessing Ethereum's unique
value proposition for our shareholders."
Mr. Chalom, age 54, has served in senior leadership roles over the
course of his 20 year career at BlackRock, Inc.. Most recently,
from October 2021 to June 2025 he was the Head of Strategic
Ecosystem Partnerships at BlackRock and was responsible for
executing BlackRock's strategy in the digital assets, data and
technology innovation ecosystems. This included product innovation
and strategic partnerships to drive digital asset ecosystem
innovation and institutional client adoption. Under Mr. Chalom's
leadership, in 2024, BlackRock launched its IBIT and ETHA exchange
traded products and the BUIDL tokenized treasury fund, making it
the largest manager of digital assets. Prior to this role, he
served as BlackRock's Deputy Chief Operating Officer on an interim
basis from March 2021 to October 2021; and, for over a decade, was
the Chief Operating Officer of BlackRock Solutions, which delivers
the firm's Aladdin financial technology capabilities clients
globally. Mr. Chalom served on the boards of Securitize, Inc., a
leading provider in the tokenized assets and digital transfer
agency space for real world assets, from May 2004 until June 2025;
and Clarity AI, Inc., a leading AI-powered sustainability platform
and data provider, from January 2021 to June 2025. Prior to joining
BlackRock, Mr. Chalom worked as a corporate and technology attorney
at Skadden Arps and at Arnold & Porter. Mr. Chalom earned a B.A.
degree, with honors, in International Studies from Johns Hopkins
University and a J.D. degree from Columbia University School of
Law.
There is no arrangement or understanding between Mr. Chalom and any
other person pursuant to which he was selected as an officer of the
Company and there are no family relationships between Mr. Chalom
and any of the Company's directors or executive officers. There are
no transactions to which the Company is a party and in which Mr.
Chalom has a direct or indirect material interest that would be
required to be disclosed under Item 404(a) of Regulation S-K.
Employment Agreements with Executive Officers:
In connection with his appointment as the Company's Co-Chief
Executive Officer, Mr. Chalom entered into an employment agreement
with the Company effective as of the Effective Date, which provides
for:
(i) an annual base salary of $750,000;
(ii) a target short-term incentive opportunity equal to 100% of
his base salary, with a maximum opportunity of up to 150% of his
base salary;
(iii) a sign-on restricted stock unit award, to be granted
within 30 days after the Effective Date, with an award value of
$7,000,000, which value will be converted to a number of shares
(rounded down to the nearest whole share) by dividing (x) the award
value, by (y) the average closing per-share price of the Company's
common stock for the 75 trading days immediately preceding the
Effective Date, and which will be allocated two-thirds (2/3) to
time-based vesting conditions, with one-third (1/3) of such
time-based vesting units vesting on the first anniversary of the
Effective Date and the remaining time-based vesting units vesting
in equal quarterly installments thereafter, in each case subject to
Executive's continued employment with the Company, and one-third
(1/3) to performance-based vesting conditions, which will vest
based on the extent that certain annual performance goals, selected
by the Board or a committee thereof, are achieved over a three-year
performance cycle;
(iv) a long-term incentive opportunity for the 2026 fiscal year
commencing July 1, 2026 with a "target" value of not less than
$4,000,000; and
(v) payment for an annual executive physical.
Mr. Chalom's employment agreement also provides for certain
severance benefits if his employment were terminated by the Company
without cause, death or disability, or upon his resignation for
good reason, including an amount equal to two times his base salary
and target bonus, any short-term incentive earned for the prior
fiscal year but not yet paid, a pro-rated short-term incentive for
the year of termination, based on actual results, subsidized health
insurance premiums for 18 months, full vesting of any time-based
equity awards and pro-rated vesting of any performance-based equity
awards, based on actual results for the entire performance period.
Moreover, upon a change in control, all of his equity awards will
vest in full (with performance-based awards vesting based on
performance through the date of the transaction). In exchange for
the severance benefits, Mr. Chalom must sign a release of claims in
favor of the Company. Mr. Chalom's employment agreement also
includes standard confidentiality, non-competition,
non-solicitation and non-disparagement covenants.
In connection with his appointment as the Company's Co-Chief
Executive Officer, Mr. Phythian entered into a new employment
agreement with the Company, which replaces and supersedes his prior
employment agreement with the Company dated as of February 14,
2024, as amended on March 19, 2025, and as amended on June 29,
2025. The employment agreement provides for:
(i) an annual base salary of $660,000,
(ii) a target short-term incentive opportunity equal to 100% of
his base salary, with a maximum opportunity of up to 150% of his
base salary,
(iii) a sign-on restricted stock unit award, to be granted
within 30 days after the Effective Date, with an award value of
$3,700,000, which value will be converted to a number of shares
(rounded down to the nearest whole share) by dividing (x) the award
value, by (y) the average closing per-share price of the Company's
common stock for the 75 trading days immediately preceding the
Effective Date, and which will be allocated two-thirds (2/3) to
time-based vesting conditions, with one-third (1/3) of such
time-based vesting units vesting on the first (1st) anniversary of
the Effective Date and the remaining time-based vesting units
vesting in equal quarterly installments thereafter, in each case
subject to Executive's continued employment with the Company, and
one-third (1/3) to performance-based vesting conditions, which will
vest based on the extent that certain annual performance goals,
selected by the Board or a committee thereof, are achieved over a
three-year performance cycle;
(iv) a long-term incentive opportunity for the 2026 fiscal year
commencing July 1, 2026 with a "target" value of not less than
$3,700,000; and
(v) payment for an annual executive physical.
Mr. Phythian's employment agreement also provides for certain
severance benefits if his employment were terminated by the Company
without cause, death or disability, or upon his resignation for
good reason, including an amount equal to two times his base salary
and target bonus, any short-term incentive earned for the prior
fiscal year but not yet paid, a pro-rated short-term incentive for
the year of termination, based on actual results, subsidized health
insurance premiums for 18 months, full vesting of any time-based
equity awards and pro-rated vesting of any performance-based equity
awards, based on actual results for the entire performance period.
Moreover, upon a change in control, all of his equity awards will
vest in full (with performance-based awards vesting based on
performance through the date of the transaction). In exchange for
the severance benefits, Mr. Phythian must sign a release of claims
in favor of the Company. Mr. Phythian's employment agreement also
includes standard confidentiality, non-solicitation and
non-disparagement covenants.
In connection with these appointments, Mr. DeLucia, our Chief
Financial Officer, entered into a new employment agreement with the
Company, which replaces and supersedes his prior employment
agreement with the Company dated as of February 14, 2024, as
amended on March 19, 2025, and as amended on June 29, 2025. The
employment agreement provides for:
(i) an annual base salary of $450,000,
(ii) a target short-term incentive opportunity equal to 100% of
his base salary, with a maximum opportunity of up to 150% of his
base salary,
(iii) a sign-on restricted stock unit award, to be granted
within 30 days after the Effective Date, with an award value of
$1,150,000, which value will be converted to a number of shares
(rounded down to the nearest whole share) by dividing (x) the award
value, by (y) the average closing per-share price of the Company's
common stock for the 75 trading days immediately preceding the
Effective Date, and which will be allocated two-thirds (2/3) to
time-based vesting conditions, with one-third (1/3) of such
time-based vesting units vesting on the first (1st) anniversary of
the Effective Date and the remaining time-based vesting units
vesting in equal quarterly installments thereafter, in each case
subject to Executive's continued employment with the Company, and
one-third (1/3) to performance-based vesting conditions, which will
vest based on the extent that certain annual performance goals,
selected by the Board or a committee thereof, are achieved over a
three-year performance cycle; and
(iv) a long-term incentive opportunity for the 2026 fiscal year
commencing July 1, 2026 with a "target" value of not less than
$1,150,000.
Mr. DeLucia's employment agreement also provides for certain
severance benefits if his employment were terminated by the Company
without cause, death or disability, or upon his resignation for
good reason, including an amount equal to two times his base salary
and target bonus, any short-term incentive earned for the prior
fiscal year but not yet paid, a pro-rated short-term incentive for
the year of termination, based on actual results, subsidized health
insurance premiums for 18 months, full vesting of any time-based
equity awards and pro-rated vesting of any performance-based equity
awards, based on actual results for the entire performance period.
Moreover, upon a change in control, all of his equity awards will
vest in full (with performance-based awards vesting based on
performance through the date of the transaction). In exchange for
the severance benefits, Mr. DeLucia must sign a release of claims
in favor of the Company. Mr. DeLucia's employment agreement also
includes standard confidentiality, non-competition,
non-solicitation and non-disparagement covenants.
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).
SHARPLINK GAMING: Shareholders OK Share Increase, Incentive Plan
----------------------------------------------------------------
SharpLink Gaming, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company
convened a special meeting of stockholders virtually via live
webcast.
Only stockholders of record at the close of business on June 18,
2025, the record date for the Special Meeting, were entitled to
vote at the Special Meeting. As of the record date, 62,125,336
shares of the Company's common stock were outstanding and entitled
to vote at the Special Meeting.
Based on the estimated preliminary voting results present at the
meeting or by proxy were holders of 35,076,578 shares of the
Company's common stock, which represented approximately 56% of the
voting power of all shares of common stock as of the record date
and constituted a quorum for the transaction of business at the
Special Meeting.
The stockholders of the Company voted on the following two
proposals at the Special Meeting:
1. To adopt an amendment to the Company's Amended and Restated
Certificate of Incorporation, as amended, to increase the number of
authorized shares of common stock of the Company; and
2. To adopt the Amended and Restated Equity Incentive Plan.
At the Special Meeting, stockholders approved an amendment and
restatement of the Company's 2023 Equity Incentive Plan (as amended
and restated, the "Amended and Restated Equity Incentive Plan") to
increase the number of shares of common stock reserved for issuance
thereunder by 8,000,000 shares to 8,034,166 shares.
On July 22, 2025, the Company filed a Second Certificate of
Amendment to the Company's Amended and Restated Certificate of
Incorporation, as amended, with the Secretary of State of the State
of Delaware to increase the number of authorized shares of the
Company's common stock, par value $0.0001 per share, from
100,000,000 to 500,000,000 and to make a corresponding change to
the number of authorized shares of capital stock.
The Authorized Share Increase was approved by stockholders at the
Special Meeting and the Certificate of Amendment, including the
Authorized Share Increase, became effective at 5:10 p.m. Eastern
Time on July 24, 2025.
About SharpLink Gaming
SharpLink Gaming, Inc., operates as a marketing partner to
sportsbooks and online casino gaming operators globally. SharpLink
Gaming operates as a marketing partner to sportsbooks and online
casino gaming operators globally. Based in Minneapolis, Minnesota,
the Company operates PAS.net, an affiliate marketing network that
facilitates player acquisition and engagement for regulated iGaming
operators. It also manages a portfolio of state-specific affiliate
websites targeting local sports betting and online casino
audiences. It also manages a portfolio of state-specific affiliate
websites targeting local sports betting and online casino
audiences.
Cherry Bekaert LLP, the Company's auditor since 2022, included a
"going concern" qualification in its audit report dated March 14,
2025, for the fiscal year ended December 31, 2024. The firm cited
recurring losses and negative operating cash flows as factors that
raise substantial doubt about the Company's ability to continue
operating.
The Company has a track record of net losses and noted that it may
be unable to achieve or sustain profitability going forward. The
Company experienced net income of $10,099,619 for the year ending
Dec. 31, 2024, compared to a net loss of $14,243,182 for the years
ended Dec. 31, 2023. As of Dec. 31, 2024, the Company had an
accumulated deficit of $(77,808,959).
SILVER AIRWAYS: Trustee Taps E-Hounds Inc as Technology Consultant
------------------------------------------------------------------
Soneet Kapila, the trustee appointed in the cases of Silver
Airways, LLC and Seaborne Virgin Islands, Inc., seeks approval from
the U.S. Bankruptcy Court for the Southern District of Florida to
employ E-Hounds, Inc. as technology consultants.
The firm will assist the Trustee in connection with electronically
stored information (ESI), computer forensics, downloading and
accessing files, data recovery and other matters associated
therewith.
The firm will be paid at its ordinary and usual hourly billing
rates plus out-of-pocket expenses incurred.
Adam S. Sharp, president of E-Hounds, assured the court that his
firm hold or represent any interest adverse to the Debtors or the
estates which respect to the matter on which it is to be employed.
The firm can be reached through:
Adam S. Sharp
E-Hounds, Inc.
32815 US Highway 19 North, Suite 100
Palm Harbor, FL 34684
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, PC 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.
SILVER AIRWAYS: Trustee Taps Richards Legal as Aviation Counsel
---------------------------------------------------------------
Soneet Kapila, the trustee appointed in the cases of Silver
Airways, LLC and Seaborne Virgin Islands, Inc., seeks approval from
the U.S. Bankruptcy Court for the Southern District of Florida to
employ Richards Legal Group as special aviation counsel.
Richards Legal Group will bill the Trustee at an hourly rate of
$650 for partners and $450 for associates, plus normal out of
pocket expenses.
Richards Legal is a "disinterested person", as that term is defined
in section 101(14) of the Bankruptcy Code, and does not hold or
represent any interest adverse to the Debtors' estates.
The firm can be reached through:
Richard L. Richards, Esq.
Richards Legal Group
55 Miracle Mile, Suite 310
Coral Gables, FL 33134
Phone: (305) 448-2228
Email: RRichards@RichPA.net
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, PC 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.
SLATE GAP: Hires Bond Law Office as Legal Counsel
-------------------------------------------------
Slate Gap Signs LLC seeks approval from the U.S. Bankruptcy Court
for the Western District of Arkansas to hire Stanley V. Bond of
Bond Law Office to serve as its legal counsel.
Mr. Bond and his firm will provide these services:
(a) become familiar with the financial affairs of the Debtor;
(b) represent the Debtor's interests before the court; and
(c) perform legal services in connection with the Chapter 11
case.
The firm will be paid at these rates:
$375 for lead attorney Stanley Bond;
$250 for Associate Counsel Kathryn Worlow; and
$125 for paraprofessional time
Prior to the petition date, the firm received a filing fee of
$1,738 and an attorney retainer of $5,262.50 from the Debtor.
Bond Law Office 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:
Stanley V. Bond, Esq.
BOND LAW OFFICE
PO Box 1893
Fayetteville, AR 72702-1893
Telephone: (479) 444-0255
E-mail: attybond@me.com
About Slate Gap Signs
Slate Gap Signs, LLC filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. W.D. Ark. Case No. 25-71331) on
July 31, 2025, with up to $50,000 in assets and liabilities.
Judge Bianca M. Rucker presides over the case.
Stanley V. Bond, Esq., at Bond Law Office represents the Debtor as
bankruptcy counsel.
SMALLHOLD INC: Mountain Meadow Wins Bid to Dismiss Adversary Case
-----------------------------------------------------------------
Judge Craig T. Goldblatt of the United States Bankruptcy Court for
the District of Delaware will remand to the California state court
the action that Smallhold, Inc. removed to federal court, except
for Mountain Meadow Mushroom Farms, Inc.'s claim for fraudulent
inducement.
The Court will retain jurisdiction of Mountain Meadow Mushroom
Farms, Inc.'s claim, in the expectation that Mountain Meadow will
voluntarily dismiss that claim, as it has represented. The Court
will grant Mountain Meadow's motion to dismiss the debtor's
adversary proceeding under Fed.R.Civ.P. 12(b)(6) for failure to
state a claim for which relief may be granted.
Plaintiff, Mountain Meadow, is a mushroom supplier. Mountain Meadow
entered into a contract with the debtor, in the period after the
petition was filed but before the plan was confirmed, to supply
mushrooms for all of the debtor's west coast contracts for six
years. Under the plan, the reorganized debtor has succeeded to the
debtor-in-possession's rights and obligations under the contract.
Mountain Meadow alleges that in October 2024, shortly after the
plan became effective, the debtor stopped placing orders for the
mushrooms it had agreed to purchase on a weekly basis. In December
2024, Mountain Meadow initiated the California Litigation against a
debtor, Monomyth (which owns Smallhold), and Chip Dunn (the
debtor's CEO) in California state court. The complaint asserted
claims of breaches of the post-petition contract, fraud in the
inducement, specific performance, and injunctive relief.
The Defendants removed the case to this Court in January 2025 on
the ground that this Court has both 28 U.S.C. Sec. 1334(b) "related
to" and "arising under" jurisdiction over the action. Mountain
Meadow has moved to remand, arguing that the dispute involves
purely state law claims and that this Court lacks subject-matter
jurisdiction.
Separately, in March 2025, the reorganized debtor also initiated an
adversary proceeding in this Court against Mountain Meadow alleging
that the filing of the state court lawsuit violates the automatic
stay.
Mountain Meadow moved to:
(1) dismiss the debtor's complaint alleging violation of the
automatic stay, asserting that the complaint violated the
first-to-file doctrine, and
(2) set aside the default.
The parties stipulated and agreed to vacate the entry of default
and procedurally to consolidate both adversary proceedings.
Mountain Meadow maintains its motion to dismiss the adversary
complaint on the merits and for violation of the first-to-file
doctrine.
The Court concludes that it:
(a) lacks jurisdiction over the breach of contract claim because
it arises after the effective date, and so will remand it;
(b) has jurisdiction over the fraudulent inducement claim, which
it will retain; and
(c) lacks jurisdiction over the claims against the third
parties, and so will remand them.
A copy of the Court's Memorandum Opinion dated July 29, 2025, is
available at https://urlcurt.com/u?l=LrVzM5 from PacerMonitor.com.
About Smallhold Inc.
Smallhold, Inc. is a specialty mushroom company based in Brooklyn,
N.Y. It operates indoor mushroom farms in New York City, Austin,
and Los Angeles.
The Debtor filed Chapter 11 petition (Bankr. D. Del. Case No.
24-10267) on February 18, 2024, with $10 million to $50 million in
assets and $1 million to $10 million in liabilities. James Dunn,
chairman, signed the petition.
Judge Craig T. Goldblatt oversees the case.
James C. Barsalona II, Esq., and Joseph C. Barsalona II, Esq., at
Pashman Stein Walder Hayden, P.C. represent the Debtor as legal
counsel.
John D. Elrod, Esq., and Dennis A. Meloro, Esq., at Greenberg
Traurig, LLP, serve as counsel to Monomyth Sponsor Group, LLC, the
DIP lender.
SOUND VISION: Taps Macdonald Rand & Vollaro CPA LLP as Tax Advisor
------------------------------------------------------------------
Sound Vision Care Inc. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to hire Macdonald, Rand
& Vollaro CPA LLP as their special tax advisors.
MRV has recently completed the Debtors' past tax returns for the
tax years 2022 and 2023 and is currently working on tax returns for
the years 2024 and 2025. Additionally, MRV is presently assisting
the Debtors with their pending New York State tax audit.
MRV's standard hourly rates for 2025 are:
Partners $350 per hour
Staff
(Outside of Normal
Business Hours) $337.50 per hour
Staff $225 per hour
As disclosed in the court filings, MRV does not hold any interest
adverse to the Debtors' estates, and is a “disinterested
person” as that term is defined in section 101(14) of the
Bankruptcy Code, as modified by section 1107(b) of the Bankruptcy
Code.
The firm can be reached through:
David P. MacDonald
Macdonald, Rand & Vollaro CPA LLP
550 NY-25A
Rocky Point, NY 11778
Phone: (631) 744-0531
About Sound Vision Care Inc.
Sound Vision Care Inc. provides comprehensive eye care services,
including eye exams, treatment for various eye conditions, and
personalized fittings for eyeglasses and contact lenses. Operating
in Riverhead, Southold, and Southampton, New York, the practice
serves patients of all ages and needs. The clinic is staffed by
trained professionals and led by Dr. Jeffrey Williams, who offers
referrals to ophthalmologists for surgical care.
Sound Vision Care Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-72421) on June 23,
2025. In its petition, the Debtor reports estimated assets between
$50,000 and $100,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Louis A. Scarcella handles the case.
The Debtors are represented by Robert L. Rattet, Esq. at DAVIDOFF
HUTCHER & CITRON LLP.
SOUTH REGENCY: Block & Co. Steps Down as Committee Member
---------------------------------------------------------
The U.S. Trustee for Region 20 disclosed in a court filing the
resignation of Block & Co., Inc. from the official committee of
unsecured creditors in the Chapter 11 case of South Regency Shops,
LLC.
As of August 5, the remaining members of the committee are:
1. Belle Vie Fitness, LLC
Vicky Sparks, Manager
3805 SW Clarion Park Drive
Topeka, KS 66610
(913) 219-5394
vicky.sparks@etffitness.com
2. John L. Lentell, JD, MBA, LLC
John L. Lentell, Member
10975 Benson Drive, Suite 370
Overland Park, KS 66210
(913) 400-2032
jlentell@lentell-lawoffice.com
3. Stephen P. Maslan
8011 Paseo Blvd., Suite 201
Kansas City, MO 64131
(816) 547-8243
smaslan1950@gmail.com
About South Regency Shops
South Regency Shops, LLC owns a shopping center situated at 9296
Metcalf Avenue in Overland Park, Kan., with an estimated current
value of $810,000.
South Regency Shops filed Chapter 11 petition (Bankr. D. Kan. Case
No. 25-20140) on February 10, 2025, listing total assets of
$817,347 and total liabilities of $2,578,359.
Judge Dale L. Somers handles the case.
The Debtor is represented by Colin Gotham, Esq., at Evans &
Mullinix, P.A.
The U.S. Trustee for Region 20 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
SOUTHERN EXPRESS: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------------
Debtor: Southern Express Inc.
2531 Schieffelin Road
Apex, NC 27502
Business Description: Southern Express Inc. provides motorcoach
and shuttle transportation services across
the southern United States, including
corporate charters, event and campus
shuttles, school and family trips, and
airport transfers. Founded in 2010 by
industry professionals Bruce Bechard and
Vance Hoover, the privately held company
operates a modern, sanitized fleet staffed
by certified driving professionals and
emphasizes locally made decisions to ensure
consistent, client-focused service.
Chapter 11 Petition Date: August 5, 2025
Court: United States Bankruptcy Court
Eastern District of North Carolina
Case No.: 25-02978
Judge: Hon. Pamela W Mcafee
Debtor's Counsel: Jason L. Hendren, Esq.
HENDREN, REDWINE & MALONE, PLLC
4600 Marriott Drive
Suite 150
Raleigh, NC 27612
Tel: (919) 420-7867
Fax: (919) 420-0475
E-mail: jhendren@hendrenmalone.com
Total Assets: $3,330,694
Total Liabilities: $6,321,019
The petition was signed by R. Vance Hoover as president.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/3AUU3PI/Southern_Express_Inc__ncebke-25-02978__0001.0.pdf?mcid=tGE4TAMA
SYAGRUS SYSTEMS: Seeks to Use Cash Collateral
---------------------------------------------
Syagrus Systems, LLC asked the U.S. Bankruptcy Court for the
District of Minnesota for authority to use cash collateral and
provide adequate protection to secured creditors.
Specifically, the Debtor proposed approval of two stipulations it
has negotiated with its primary secured creditors: North Star Bank
(owed approximately $594,000) and the U.S. Small Business
Administration (owed approximately $536,000). These lenders hold
valid, perfected blanket liens on the Debtor's assets, including
$15,000 in cash, $182,900 in receivables, and $250,000 in
inventory.
Under the proposed agreements, the Debtor will make monthly
adequate protection payments of $11,323 to North Star and $2,505 to
the SBA, consistent with the Debtor's pre-bankruptcy loan
obligations. Both creditors will receive replacement liens on
post-petition assets, excluding any Chapter 5 recoveries.
The agreements also require the Debtor to maintain consistent
levels of collateral and adhere to an agreed operating budget. The
SBA agreement extends for four months while North Star's runs
through the end of 2025.
Additional junior creditors including Bitty Advance, Citrus Group,
OnDeck, Rapid Financial Services, and others assert lien claims but
are not entitled to cash collateral as their interests are
subordinate and unsupported by collateral value.
The final hearing is scheduled for August 14.
About Syagrus Systems LLC
Syagrus Systems, LLC provides silicon wafer backend processing
services and die-sorting equipment manufacturing. Based in the Twin
Cities of Minneapolis and St. Paul, Minnesota, the company offers
capabilities such as ultra-thin wafer backgrinding, dicing, wafer
bonding, and die sorting, as well as support for engineering runs
and multi-die wafers.
Syagrus Systems sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Minn. Case No. 25-31901) on June 19,
2025. In its petition, the Debtor reported total assets of
$476,000 and total liabilities of $4,502,535.
Judge William J. Fisher handles the case.
Joseph Dicker, Esq., at Joseph W. Dicker, PA is the Debtor's legal
counsel.
North Star Bank, as secured creditor, is represented by:
Jacob B. Sellers, Esq.
Greenstein Sellers, PLLC
121 South 8th Street, Suite 1450
Minneapolis, MN 55402
(612) 345-7492
jacob@greensteinsellers.com
THUNDER RIDE: Gets Interim OK to Use Cash Collateral
----------------------------------------------------
Thunder Ride, Inc. got the green light from the U.S. Bankruptcy
Court for the District of Colorado for authority to use cash
collateral.
The court's order authorized the Debtor's interim use of cash
collateral through August 18 to pay the expenses set forth in its
budget. The budget covers the period from the week ending July 25
through the week ending August 15.
Any creditor that has a properly perfected security interest or
ownership interest in the cash collateral will be granted a
replacement lien on the proceeds of all post-petition accounts in
case of any diminution in the value of its interest in the cash
collateral.
As additional protection to Yamaha Motor Finance Corporation,
U.S.A., the secured creditor was authorized by the court to apply
all proceeds it currently holds to amounts the Debtor owes to it.
To the extent there are excess proceeds, those proceeds will be
remitted to the Debtor.
In addition, the Debtor was ordered to remit to Yamaha all amounts
it received from any post-petition sales of vehicles whose
acquisition was financed by the secured creditor.
The Debtor's authority to use cash collateral will terminate upon
occurrence of so-called events of default, which it fails to
resolve. These events include the conversion of the Debtor's
Chapter 11 case; the appointment of a Chapter 11 trustee; there is
any change in the ownership, principals, directors or officers of
the Debtor; and any default under, breach of or failure to comply
with the interim order.
A final hearing is set for August 18. The deadline for filing
objections is on August 15.
The Debtor sells motorcycles, ATVs, personal watercraft, boats, and
used cars. It filed for bankruptcy due to financial hardships
caused by fraudulent activity, high-interest debt taken on to cover
resulting losses, and a lien placed on its receivables by a
merchant cash advance company that severely restricted cash flow.
Several creditors including Yamaha, Berkshire Bank and Northpoint
Commercial Finance LLC assert security interests in the Debtor's
receivables.
Yamaha, as secured creditor, is represented by:
Rachel A. Sternlieb, Esq.
Nelson Mullins Riley & Scarborough, LLP
1400 Wewatta Street, Suite 500
Denver, CO 80202
Phone: (303) 583-9900
Fax: (303) 583-9999
rachel.sternlieb@nelsonmullins.com
Northpoint, as secured creditor, is represented by:
Amy K. Hunt, Esq.
Timmins LLC
450 East 17th Avenue, Suite 210
Denver, CO 80203
Tel: (303) 592-4500
Fax: (303) 592-4515
ah@timminslaw.com
About Thunder Ride Inc.
Thunder Ride Inc., doing business as Tri-City Cycle, operates a
powersports dealership in in Loveland, Colo., offering motorcycles,
ATVs, UTVs, boats, parts, and repair services. It serves customers
in Loveland, Colorado, and surrounding areas. It also provides
products from major brands such as Yamaha, Honda, Kawasaki, and
KTM.
Thunder Ride 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, president of Thunder Ride, signed the petition.
Judge Joseph G. Rosania Jr. oversees the case.
Wadsworth Garber Warner Conrardy, P.C. serves as the Debtor's legal
counsel.
TOMATLAN INC: Hires Gleichenhaus Marchese as General Counsel
------------------------------------------------------------
Tomatlan, Inc. seeks approval from the U.S. Bankruptcy Court for
the Western District of New York to hire Gleichenhaus, Marchese &
Weishaar, PC as counsel.
The firm will render these services:
(a) advise the Debtor with respect to its powers and duties as
Debtor-in-Possession in the continued operation of its business and
in the management of its assets;
(b) take necessary action to avoid liens against Debtor's
property, remove restraints against Debtor's property and such
other actions to remove any encumbrances of liens which are
avoidable, which were placed against the property of the Debtor
prior to the filing of the Petition instituting this proceeding and
at a time when the Debtor was insolvent;
(c) take necessary action to enjoin and stay until final
decree any attempts by secured creditors to enforce liens upon
property of the Debtor in which property Debtor has substantial
equity;
(d) represent the Debtor in any proceedings which may be
instituted in this Court by creditors or other parties during the
course of this proceeding;
(e) prepare necessary petitions, answers, orders, reports, and
other legal papers; and
(f) perform all other legal services for the Debtor as
Debtor-in-Possession, or to employ attorneys for such services.
The hourly rates being charged by the firm are:
Michael A. Weishaar, Esq. $395
Scott Bogucki, Esq. $375
Attorneys $350
Paralegals $100
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Michael Weishaar, Esq., a partner at Gleichenhaus, Marchese &
Weishaar, PC, 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 A. Weishaar, Esq.
Gleichenhaus, Marchese & Weishaar, PC
43 Court Street, Suite 930
Buffalo, NY 14202
Tel: (716) 846-6446
Email: sbogucki@gmwlawyers.com
About Tomatlan Inc.
Tomatlan, Inc. operates Rio Tomatlan, a Mexican restaurant in
Canandaigua, New York. The Company specializes in Pacific Coast
Mexican cuisine made from scratch using locally sourced, seasonal
ingredients. It also offers catering services and private event
hosting.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. N.Y. Case No. 25-20547) on July 22,
2025. In the petition signed by Juan R. Guevara, as president and
sole shareholder, the Debtor disclosed $54,732 in total assets and
$1,101,411 in total liabilities.
Robert B. Gleichenhaus, Esq., at Gleichenhaus, Marchese & Weishaar,
P.C., represents the Debtor as legal counsel.
TONIX PHARMACEUTICALS: Posts Preliminary Q2 2025 Financial Results
------------------------------------------------------------------
Tonix Pharmaceuticals Holding Corp. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission selected
preliminary operating results for the quarter ended June 30, 2025,
and certain preliminary financial condition information as of July
25, 2025:
* The Company ended the quarter with approximately $125.3
million in cash and cash equivalents. As of July 25, 2025, the
Company had 8,745,174 shares of common stock outstanding.
* The Company's net cash used in operating activities for the
quarter ended June 30, 2025 was approximately $16.3 million
compared to $9.9 million for the quarter ended June 30, 2024.
* The Company's capital expenditures for the quarter ended
June 30, 2025, was approximately $1.1 million compared to $0 for
the quarter ended June 30, 2024.
* The Company's net operating loss for the quarter ended June
30, 2025, was approximately $26.3 million compared to $78.8 million
for the quarter ended June 30, 2024.
* The Company's net revenue from the sale of its marketed
products for the quarter ended June 30, 2025, was approximately
$2.0 million compared to $2.2 million for the quarter ended June
30, 2024.
The Company believes that, based on its current operating plan, its
cash resources at June 30, 2025, and the net proceeds of $50.6
million that it raised from equity offerings in the third quarter
of 2025, will meet its planned operating and capital expenditure
requirements into the third quarter of 2026.
The information is preliminary financial information for the
quarter ended June 30, 2025 and subject to completion. The
unaudited, estimated results for the quarter ended June 30, 2025
are preliminary and were prepared by the Company's management,
based upon its estimates, a number of assumptions and currently
available information, and are subject to revision based upon,
among other things, quarter and year-end closing procedures and/or
adjustments, the completion of the Company's consolidated financial
statements and other operational procedures. This preliminary
financial information is the responsibility of management and has
been prepared in good faith on a consistent basis with prior
periods. However, the Company has not completed its financial
closing procedures for the quarter ended June 30, 2025, and its
actual results could be materially different from this preliminary
financial information, which preliminary information should not be
regarded as a representation by the Company or its management as to
its actual results for the quarter ended June 30, 2025. In
addition, EisnerAmper LLP, the Company's independent registered
public accounting firm, has not audited, reviewed, compiled, or
performed any procedures with respect to this preliminary financial
information and does not express an opinion or any other form of
assurance with respect to this preliminary financial information.
During the course of the preparation of the Company's financial
statements and related notes as of and for the quarter ended June
30, 2025, the Company may identify items that would require it to
make material adjustments to this preliminary financial
information. As a result, prospective investors should exercise
caution in relying on this information and should not draw any
inferences from this information. This preliminary financial
information should not be viewed as a substitute for full financial
statements prepared in accordance with United States generally
accepted accounting principles and reviewed by the Company's
auditors.
The Company currently expects to file its Quarterly Report on Form
10-Q, including its financial statements for the quarter ended June
30, 2025, on or about August 11, 2025.
About Tonix Pharmaceuticals
Chatham, N.J.-based Tonix Pharmaceuticals Holding Corp., through
its wholly owned subsidiary Tonix Pharmaceuticals, Inc., is a fully
integrated biopharmaceutical company focused on developing and
commercializing therapeutics to treat and prevent human disease and
alleviate suffering.
As of December 31, 2024, the Company had $162.9 million in total
assets, $23.3 million in total liabilities, and $139.6 million in
total stockholders' equity.
Iselin, N.J.-based EisnerAmper LLP, the Company's auditor since
2023, issued a "going concern" qualification in its report dated
March 18, 2025, citing that the Company has continuing losses and
negative cash flows from operating activities that raise
substantial doubt about its ability to continue as a going concern.
UNITED CONSTRUCTION: Seeks to Hire Ana Morales as Accountant
------------------------------------------------------------
United Construction LLC seeks approval from the U.S. Bankruptcy
Court for the District of Puerto Rico to employ Ana Morales, an
accountant practicing in Caguas, P.R.
Ms. Morales will assist the Debtor with tax return filing, and
accounting and reporting matters.
As compensation, Ms. Morales will receive $100 per hour for her
services, plus reimbursement of actual out of pocket expenses.
The accountant has received a retainer of $5,000.
Ms. Morales disclosed in a court filing that she is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
Ms. Morales can be reached through:
Ana Morales Colon
#160 Flamboyan Street, La Serrania
Caguas, PR 00725
Office: (787) 636-5155
Mobile: (787) 787-308-0423
Email: jmconsultingserv@yahoo.com
About United Construction LLC
United Construction LLC sought protection for relief under Chapter
11 of the Bankruptcy Code (Bankr. D.P.R. Case No. 25-02726) on June
17, 2025, listing $100,001 to $500,000 in assets and $500,001 to $1
million in liabilities.
Noemi Landrau Rivera, Esq., at Landrau Rivera & Assoc. serves as
the Debtor's counsel.
UPPER ROOM: Trustee Taps MYC & Associates as Real Estate Broker
---------------------------------------------------------------
Richard J. Corbi, Esq., the Chapter 11 operating trustee of the
bankruptcy estate of Upper Room Baptist Church Inc. seeks approval
from the U.S. Bankruptcy Court for the Eastern District of New York
to employ MYC & Associates, Inc. as his real estate broker.
The broker's services include:
(a) marketing the Debtor's real property located at 180 Van
Buren Street, Brooklyn, New York using such advertising,
solicitation of outside brokers, and other promotional and
marketing activities as may be necessary and agreed upon with the
Trustee;
(b) analyzing offers and proposals from potential purchasers
and offering recommendations to the Trustee in connection with any
proposed transaction involving the Property; and
(c) assistance with the consummation of any auction sale of
the Property, to the extent requested by the Trustee and required
by the bids received.
The Broker will receive a commission of five percent of the gross
proceeds realized by the Trustee from the sale of the Property
payable by the Successful Bidder. If the Broker earns a commission,
it is not entitled to any reimbursement of expenses.
MYC & Associates is a "disinterested person," as such term is
defined in section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached through:
Marc Yaverbaum
MYC & Associates, Inc.
1110 South Ave Ste. 22
Staten Island, NY 10314
Phone: (347) 273-1258
About Upper Room Baptist Church Inc.
Upper Room Baptist Church Inc. sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No.
25-40070) on Jan. 7, 2025, listing under $1 million in both assets
and liabilities.
VELUXE LLC: Gets Extension to Access Cash Collateral
----------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Jacksonville Division entered a third interim order authorizing
Veluxe, LLC to continue using cash collateral.
The order authorized the Debtor's interim use of cash collateral to
pay the amounts expressly authorized by the court, including
payments to the U.S. Trustee for quarterly fees; the expenses set
forth in its budget, plus an amount not to exceed 10% for each line
item; and additional amounts approved by Huntington National Bank.
This authorization will continue until further order of the court.
As adequate protection, Huntington and other secured creditors will
be granted a post-petition lien on the cash collateral to the same
extent and with the same validity and priority as their
pre-bankruptcy lien.
As further protection to Huntington, the Debtor was ordered to
continue its monthly payments of $3,000 to the bank. The Debtor was
also ordered to keep its property insured in accordance with its
loan agreement with the bank.
A final hearing is scheduled for September 22.
As of the petition date, the Debtor's assets include approximately
$20,000 on deposit in its checking account and limited physical
assets worth no more than $60,000.00. However, the Debtor is
operating and generating revenue each month.
Huntington National Bank is in first lien position with respect to
the cash collateral.
About Veluxe LLC
Veluxe, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01212) on April 17,
2025, listing up to $50,000 in assets and between $500,001 and $1
million in liabilities.
Judge Jason A. Burgess oversees the case.
Byron Wright, III, Esq., at Bruner Wright, P.A. is the Debtor's
legal counsel.
Huntington National Bank, as secured creditor, is represented by:
Michael A. Tessitore, Esq.
Moran Kidd Lyons Johnson Garcia, P.A.
111 N. Orange Ave., Suite 900
Orlando, FL 32801
Phone: 407-841-4141
Fax: 407-841-4148
mtessitore@morankidd.com
VENUS CONCEPT: Secures $2M in Tenth Madryn Bridge Drawdown
----------------------------------------------------------
As previously disclosed, on April 23, 2024, Venus Concept Inc.,
Venus Concept USA, Inc., a wholly-owned subsidiary of the Company,
Venus Concept Canada Corp., a wholly-owned Canadian subsidiary of
the Company, and Venus Concept Ltd., a wholly-owned Israeli
subsidiary of the Company ("Venus Israel" and together with the
Company, Venus USA and Venus Canada, the "Loan Parties"), entered
into a Loan and Security Agreement, with Madryn Health Partners, LP
and Madryn Health Partners (Cayman Master), LP ("Madryn Cayman,"
and together with Madryn, the "Lenders) and Madryn, as
administrative agent.
Pursuant to the Loan and Security Agreement (as amended), the
Lenders agreed to provide the Borrower with bridge financing in the
form of a term loan in one or more draws in an aggregate principal
amount of up to $5,000,000 which amount was subsequently increased
to $23,237,906.85. Borrowings under the Bridge Financing will bear
interest at a rate per annum equal to 12%.
On the maturity date of the Bridge Financing, the Loan Parties are
obligated to make a payment equal to all unpaid principal and
accrued interest. The Loan and Security Agreement also provides
that all present and future indebtedness and the obligations of the
Borrower to Madryn shall be secured by a priority security interest
in all real and personal property collateral of the Loan Parties.
* The initial drawdown under the Loan and Security Agreement
occurred on April 23, 2024, when the Lenders agreed to provide the
Borrower with bridge financing in the form of a term loan in the
principal amount of $2,237,906.85.
* The second drawdown under the Loan and Security Agreement
occurred on July 26, 2024, when the Lenders agreed to provide the
Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $1,000,000.
* The third drawdown under the Loan and Security Agreement
occurred on September 11, 2024, when the Lenders agreed to provide
the Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $1,000,000.
* The fourth drawdown under the Loan and Security Agreement
occurred on November 1, 2024, when the Lenders agreed to provide
the Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $1,000,000.
* The fifth drawdown under the Loan and Security Agreement
occurred on November 26, 2024, when the Lenders agreed to provide
the Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $1,200,000.
* The sixth drawdown under the Loan and Security Agreement
occurred on December 9, 2024, when the Lenders agreed to provide
the Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $1,500,000.
* The seventh drawdown under the Loan and Security Agreement
occurred on January 27, 2025, when the Lenders agreed to provide
the Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $3,000,000.
* The eighth drawdown under the Loan and Security Agreement
occurred on February 21, 2025, when the Lenders agreed to provide
the Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $2,300,000.
* The ninth drawdown under the Loan and Security Agreement
occurred on April 4, 2025, when the Lenders agreed to provide the
Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $2,000,000.
* The tenth drawdown under the Loan and Security Agreement
occurred on May 22, 2025, when the Lenders agreed to provide the
Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $2,000,000.
On July 21, 2025, the Lenders agreed to provide the Borrower with a
subsequent drawdown under the Loan and Security Agreement in the
principal amount of $2,000,000 (the "Tenth Delayed Drawdown"). The
Tenth Delayed Drawdown was funded on July 21, 2025. The Company
expects to use the proceeds of the Tenth Delayed Drawdown, after
payment of transaction expenses, for general working capital
purposes.
For additional information regarding the Bridge Financing, please
see the Current Report on Form 8-K, including the exhibits thereto,
filed by the Company with the Securities and Exchange Commission on
April 24, 2024.
About Venus Concept
Toronto, Ontario-based Venus Concept Inc. is an innovative global
medical technology company that develops, commercializes, and
delivers minimally invasive and non-invasive medical aesthetic and
hair restoration technologies and related services. The Company's
systems have been designed on cost-effective, proprietary, and
flexible platforms that enable the Company to expand beyond the
aesthetic industry's traditional markets of dermatology and plastic
surgery, and into non-traditional markets, including family
medicine and general practitioners and aesthetic medical spas.
Mississauga, Canada-based MNP LLP, the Company's auditor since
2019, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has reported recurring net losses and negative cash flows from
operations, which raises substantial doubt about its ability to
continue as a going concern.
VISION2SYSTEMS LLC: Plan Exclusivity Period Extended to August 19
-----------------------------------------------------------------
Judge Mark X. Mullin of the U.S. Bankruptcy Court for the Northern
District of Texas extended Vision2Systems LLC's exclusive periods
to file a plan of reorganization and obtain acceptance thereof to
August 19 and October 17, 2025, respectively.
As shared by Troubled Company Reporter, the Debtor explains that it
has sent a draft plan to counsel for the Official Committee of
Unsecured Creditors (the "Committee") and counsel for Cypress
Growth Capital, LLC ("CGC"), Debtor's largest secured creditor.
Since then, the Debtor has been actively engaged in talks and
negotiations with the U.S. Trustee and counsel for the Committee
and counsel for CGC regarding the terms of its proposed plan, in an
attempt to circumvent any potential objections thereto, and is
awaiting comments from the parties related to the same. As a
result, the plan has not yet been filed.
The Debtor claims that its efforts to propose a confirmable plan
require further conversations and negotiations with parties in
interest and such negotiations are ongoing. The Debtor is actively
working toward the prompt filing of a confirmable plan.
Vision2Systems LLC:
Jason P. Kathman, Esq.
Camber M. Jones, Esq.
Alex S. Anderson, Esq.
Spencer Fane LLP
5700 Granite Parkway, Suite 650
Plano, TX 75024
Tel: (972) 324-0300
Fax: (972) 324-0301
Email: jkathman@spencerfane.com
Email: cjones@spencerfane.com
Email: alanderson@spencerfane.com
About Vision2systems LLC
Vision2Systems LLC founded in 2012, is a software company based in
Dallas, Texas, that provides online giving and membership
management platforms tailored for churches. The platform offers
solutions for accounting, donations, event planning, and overall
church management.
Vision2Systems LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-40583) on Feb. 19,
2025. In its petition, the Debtor estimated assets and liabilities
between $1 million and $10 million each.
The Debtor is represented by Jason P. Kathman, Esq., at SPENCER
FANE.
WARM CORP: Gets Interim OK to Use Cash Collateral
-------------------------------------------------
Warm Corporation West got the green light from the U.S. Bankruptcy
Court for the Northern District of California to use the cash
collateral of secured creditors.
The court's order authorized the Debtor's interim use of cash
collateral through August 15 to fund operations. This cash
collateral consists of accounts receivables, with an estimated
value of $26,897.
The secured creditors with interest in the cash collateral are
Umpqua Bank and Celtic Bank. As adequate protection, these secured
creditors will be granted post-petition replacement liens in the
same amounts and priority as their existing rights in the cash
collateral (to be determined later in the Debtor's bankruptcy
case).
As additional protection, Umpqua Bank will receive a monthly
payment of $2,000, starting on August 15.
The final hearing is scheduled for August 15. The court will
consider at the hearing whether replacement liens should be
subordinated to any fees and expenses of the Subchapter V trustee
and retained professionals.
About Warm Corporation West
Warm Corporation West sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-10432) on July
16, 2025. In the petition signed by Prateek Ahir, chief financial
officer, the Debtor disclosed up to $500,000 in assets and up to $1
million in liabilities.
Judge Charles Novack oversees the case.
Chris Kuhner, Esq., at Kornfield, Nyberg, Bendes, Kuhner & Little
P.C., represents the Debtor as legal counsel.
WE LOVE DOGS: Unsecureds to Get 12.3 Cents on Dollar in Plan
------------------------------------------------------------
We Love Dogs LLC filed with the U.S. Bankruptcy Court for the
District of Nevada a Plan of Reorganization for Small Business
dated July 29, 2025.
The Debtor is a California limited liability company registered to
do business in Nevada, owns and operates a mobile dog grooming
business based in Reno, Nevada. The members of the Debtor are Aaron
and Amanda Andrew.
Shortly after opening, on February 20, 2023, Aaron suffered a major
medical event while at the dog park facility and again on February
27, 2023 while at home. These medical events, and the recovery
process thereafter, required both Amanda and Aaron to be withdrawn
from the business for 2 months. After 2 months, Amanda was able to
return to a full working schedule, but Aaron was still not able to
work. In August 2023, Aaron was able to return to work 20 hours a
week.
During this time it became apparent that Debtor could not operate
the dog park portion of its business, which led Debtor to sublease
the commercial space to a third-party. Debtor decided to relocated
its business to Northern Nevada. However, the debt incurred in the
preceding years became unmanageable and caused the filing of this
bankruptcy case.
The Debtor will fund the Plan by contributing his "Disposable
Income" for a period of 36-months. The Plan Proponent's financial
projections show Debtor will have projected disposable income of
$975 per month. The final Plan payment is expected to be paid on
November 30, 2028.
This Plan of Reorganization proposes to pay creditors of the Debtor
from cash flow from operations of Debtor's businesses.
Non-priority unsecured creditors holding allowed claims in Debtor's
case will receive distributions, which the proponent of this Plan
has valued at 12.3 cents on the dollar. This Plan also provides for
the payment of administrative and priority claims.
Each holder of a Class 5 non-priority unsecured Allowed Claim shall
receive their pro rata share of Debtor's Disposable Income, after
the payment in full of Administrative Claims, through the end of
the Plan Term (the "Class 5 Plan Dividend"). Any portion of a Class
5 nonpriority general unsecured claim in excess of the Class 5 Plan
Dividend shall be discharged in accordance with Article 9 of this
Plan.
Class 6 Equity security holders of Debtor shall retain their
interests in the Debtor, but shall receive no disbursement on
account of such equity interest during the Plan Term.
The Debtor will use its Disposable Income during the Plan Term,
cash on hand, and profits from the operation of its business to
fund the Plan. Commencing on the Effective Date of this Plan,
Debtor's Disposable Income will be disbursed on a monthly basis and
first used to fund Debtor's required Plan payments to allowed
administrative expense claims and then Class 5 non-priority general
unsecured creditors in the order and manner set forth in Section
7.02 of this Plan.
A full-text copy of the Plan of Reorganization dated July 29, 2025
is available at https://urlcurt.com/u?l=Brv2mU from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Kevin A. Darby, Esq.
Darby Law Practice, Ltd.
499 W. Plumb Lane, Suite 202
Reno, NV 89509
Telephone: (775) 322-1237
Facsimile: (775) 996-7290
Email: kevin@darbylawpractice.com
About We Love Dogs
We Love Dogs, LLC, a California limited liability company
registered to do business in Nevada, owns and operates a mobile dog
grooming business based in Reno, Nevada.
The Debtor sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Nev. Case No. 25-50420) on May 8, 2025, listing
under $1 million in both assets and liabilities. Nathan Smith,
Esq., serves as Subchapter V trustee.
Judge Hilary L. Barnes oversees the case.
Kevin A. Darby, Esq., at Darby Law Practice, Ltd., serves as the
Debtor's counsel.
WEST DEPTFORD: S&P Assigns 'B+' Rating on Sr. Secured Term Loan B
-----------------------------------------------------------------
S&P Global Ratings assigned its 'B+' issue-level and '2' recovery
ratings to West Deptford Energy Holdings LLC's (WDE's) $255 million
term loan B (TLB) that matures in 2032 and $50 million five-year
senior secured revolver (RCF) that matures in 2030.
The transaction closed at TLB pricing of SOFR plus 4% and RCF
pricing of SOFR plus 3.75%. At the same time, the
higher-than-assumed 2026/2027 PJM Capacity Auction result led to
lower sweep requirements. S&P forecasts about $146 million of TLB
outstanding at maturity in 2032.
The recovery rating of '2' indicates S&P's expectation for
substantial (70%-90%; rounded estimate: 80%) recovery in a default
scenario.
S&P views event risk as a key credit factor given WDE's operating
history, while the project's exposure to Regional Greenhouse Gas
Initiative (RGGI) leakage is partially mitigated by its lower
leverage.
The stable outlook reflects S&P's expectation that WDE will sustain
a minimum S&P Global Ratings-adjusted debt service coverage ratio
(DSCR) of at least 1.28x in all years, with a median DSCR of
1.48x.
WDE is a 759 megawatt (MW) combined-cycle gas turbine (CCGT)
merchant plant built in 2014 with base load heat rate of about
7,000 Btu per kilowatt-hour (kWh). The 2x1 combined cycle plant has
two Siemens SGT6-5000F combustion turbines (CT) and one Alstom
STF-30C steam turbine (ST). CT unit 2 generator is in like-new
condition after the major repair in 2024, Steam turbine is
undergoing full rewind and will return to service in August 2025.
WDE is in Gloucester County, New Jersey, dispatching into the
Eastern Mid-Atlantic Area Council (EMAAC) zone of the PJM
Interconnection. The project is owned by LS Power Group (85.5%) and
Ullico Group (14.5%).
The transaction led to a sustainable capital structure with a
minimum DSCR of 1.28x. WDE applied the $255 million proceeds from
the TLB issued and $196 million contribution from the sponsor to
repay the exiting $398 million TLB due in 2026 and $43 million
revolving credit facility (RCF) due in 2025. The sponsors also paid
transaction fees and cash funded a $10 million 12-month
forward-looking MMRA. S&P expects adequate cash flow available for
debt service (CFADS) and favorable sweep mechanism to result in
DSCR above 1.28x during the project's life (2025-2045) with $146
million debt outstanding at TLB maturity.
In addition to the $196 million equity injection to pay off
existing debt, $42 million has been injected prior to the
transaction as equity and liquidity support. In early 2025, LS
Power also acquired a combined 67.7% class A membership interest
from five previous shareholders. This simplified the ownership
structure to LS Power (85.5%) and Ullico (14.5%). This will allow
LS Power to streamline favorable decision-making, such as prudent
capital expenditure (capex) on additional maintenance and
inspection. At the same time, S&P continues to view the project as
delinked from the parent given the presence of an independent
director on the board.
WDE's exposure to RGGI leakage is partially mitigated by its lower
leverage compared to peers. At $336 debt/kW, WDE's leverage is low
compared with other single asset projects S&P rates. The waterfall
also allows a sponsor-management fee paid after the mandatory 1%
amortization. Both are credit positive features. However, WDE's
operational history demonstrates significant exposure to RGGI
leakage and outages compared with peers in same region. Despite its
highly efficient design, capacity factor averaged 28% prior to its
2024 outage and ongoing 2025 outage. This is because WDE's
neighboring Pennsylvania generators can dispatch at more
competitive pricing without RGGI-compliance cost, shifting dispatch
away from WDE.
S&P said, "While overall PJM power demand benefits from data center
buildout and industrial growth, we do not anticipate demand to
increase significantly in WDE interconnection region. We currently
expect WDE to realize higher dirty sparks (pre-emission cost) than
non-RGGI peers, and clean sparks (net of RGGI costs) of $9-$10/MWh,
consistent with peers of same region. To manage market volatility,
management is implementing a multiyear hedging program.
"We view event risk as a key credit factor given WDE's operating
history. WDE has experienced operational issues over the past five
years, and management and independent engineers identified them as
independent events. The 2024 major outage lasted from June to
November, resulting in about 50% capacity loss during the peak
season. The plant is in another outage since April 2025 and is
expected to return to service in August 2025. Which is also during
peak power demand seasons. Insurance proceeds covered the repair
costs and energy margin loss associated with 2024 outage, and we
expect the recovery of 2025 outage repair costs. The independent
engineer confirmed there is no common root cause among the outages
and the causes are idiosyncratic, such as manufacturing defects in
parts. Management expects to address the steam turbine outage
through a fulsome inspection and rebuild. We will continue to
evaluate future operational performance under the revised
maintenance plan.
"We view WDE's ability to dispatch as a key credit factor
considering PJM's dispatch requests during peak demand and the
noncompliance penalty in case of outage. More than 60% of WDE gross
margin will come from capacity payments over the asset life, and
PJM can require capacity market participants to dispatch during
hours of peak demand. Generation Alerts have been issued in summer
months for three consecutive years since 2023 while extreme weather
events are occurring more often across the U.S. Full or partial
facility outage during a Maximum Generation Alert or Capacity
Performance event (Winter Storm Elliott) can pressure financial
performance further. Thus, we view the unique operational history
as a negative credit factor."
"The combustion turbines have been maintained by Siemens under long
term service agreement (LTSA). Instead of engaging in patch repair
similar to past outage events, management is using the current
downtime for a thorough inspection, testing, and full rebuild of
the facility to prevent further outages. S&P views the increased
capex budget as a mitigating factor.
S&P said, "The stable outlook reflects our expectation that WDE
will maintain DSCRs above 1.37x during the initial term loan period
(2025-2032) and a minimum DSCR of at least 1.28x during the
post-refinancing period (2032-2045), when we assume a fully
amortizing structure. We forecast about $146 million of TLB
outstanding at maturity in 2032."
S&P could consider a negative rating action if the project is
unable to sustain DSCRs above 1.25x or its ability to withstand
adverse economic and operating conditions weakens. This could stem
from:
-- Unplanned outages that impair generation;
-- Economic factors causing the power plant to dispatch less than
S&P's base-case expectations;
-- Weaker realized spark spreads or lower PJM capacity prices for
delivery year 2027-2028 and beyond; or
-- Excess cash sweeps that are lower than S&P's forecast,
resulting in higher TLB balances than expected at maturity.
S&P could consider a positive rating action if it expects the
project to achieve a minimum base-case DSCR above 1.50x or it
establishes a track record of robust operational performance. This
could occur if:
-- Spark spreads improve significantly while realizing favorable
capacity factors; and
-- Deleveraging is higher during the term loan period.
WHIRLPOOL CORP: S&P Alters Outlook to Neg., Affirms 'BB+' LT ICR
----------------------------------------------------------------
S&P Global Ratings affirmed its ratings, including its 'BB+'
long-term issuer credit rating and 'B' short-term issuer credit and
commercial paper rating on U.S. based-Whirlpool Corp. and revised
the outlook to negative from stable.
The negative outlook reflects the potential for a downgrade within
the next 12 months if Whirlpool continues to underperform our
expectations, competitive pressures persist, or S&P no longer
believes credit metrics will strengthen sufficiently.
S&P expects U.S. based-Whirlpool Corp.'s profitability and credit
metrics will remain weak for the rest of the year due to
higher-than-expected inventory in its North American major domestic
appliance market, ongoing uncertainty around the size and timing of
tariffs, weak consumer sentiment, and limited pricing power to
offset those costs.
Close of the Whirlpool India sale could be in early 2026,
potentially delaying the company's target to repay $700 million of
gross debt in fiscal 2025.
Management's 50% dividend cut will not materially improve near-term
credit metrics, and we now expect leverage will remain elevated at
about 5x at the end of 2025 before improving to 4.4x at the end of
fiscal 2026.
S&P said, "We revised the outlook on Whirlpool to negative from
stable, reflecting our expectation that leverage will remain
elevated at about 5x in 2025 and improve to the mid-4x area in
2026. This is above our prior expectation of 4.5x (our downgrade
threshold) for 2025 and 4.3x for 2026. Although the company's
second-quarter fiscal 2025 performance came in weak as expected,
its downward revision to the full-year 2025 outlook was below our
previous base-case forecast. The revised outlook implies
company-reported North America major appliance segment EBIT margin
will remain largely flat compared to the second half of 2024. This
reflects continued inventory overhang in the market, as Whirlpool's
Asian competitors pulled forward imports ahead of tariffs, further
exacerbated by a pause in tariffs that extended the window for
additional imports. Management estimates about 60-90 days of excess
supply in the channel as of May 2025.
"We believe this overhang could persist further into 2025 and
possibly into 2026, driven by a weaker macroeconomic backdrop and
ongoing tariff uncertainty, particularly with the recent extension
of China-related tariffs through Aug. 12, 2025. Additionally,
Whirlpool's ability to raise prices will likely be constrained in a
highly promotional environment, at least until the inventory
overhang is cleared. This, combined with reduced operating leverage
due to production cutbacks, will further hinder margin recovery.
"Therefore, we revised our base case to reflect our view that
margin recovery in the second half of 2025 and 2026 will be
subdued. Additionally, the Whirlpool India sale could be pushed to
2026, which means the company would rely on its $3.5 billion
revolving credit facility to repay the $300 million outstanding on
its term loan in 2025. We now forecast Whirlpool's adjusted
leverage will remain elevated at about 5x at the end of fiscal
2025, compared to our previous 4.5x forecast. We expect lower
underlying profits will be partly offset by Whirlpool's recent
cost-cutting actions, supporting some margin recovery in 2026."
A recovery in housing turnover and discretionary demand appears
further delayed as interest rates remain elevated, and signs of
weakening consumer spending (particularly in durable goods) have
become more evident. If consumers accelerate purchases ahead of the
tariff implementation, this pull-forward could further soften
replacement demand in the near term.
S&P said, "We believe Whirlpool will continue to focus on
deleveraging. Management recommended a dividend cut, which we
expect will be approved by the board. It's a modest credit positive
because it will preserve liquidity amid heightened uncertainty,
particularly over the next few quarters. We expect this will free
up about $200 million in cash annually to aid in the partial
paydown of upcoming debt maturities and modestly improve credit
metrics. Whirlpool's material debt maturities over the next 24
months include the $300 million term loan due Oct. 31, 2025; $177
million of commercial paper outstanding; €500 million unsecured
notes due Nov. 2, 2026; and $950 million outstanding on the
revolving credit facility maturing on May 3, 2027.
"The negative outlook reflects the potential for a downgrade within
the next 12 months if Whirlpool continues to underperform our
expectations, competitive pressures persist, or we no longer
believe credit metrics will strengthen sufficiently to maintain the
rating.
"We could lower our ratings if Whirlpool's operating performance
falls short of our expectations, sustaining adjusted leverage above
4.5x, and free operating cash flow (FOCF) is weaker than
projected." This could be due to:
-- A decline in industry demand for large appliances caused by
accelerating inflation, lower economic activity, or higher interest
rates;
-- Whirlpool losing share in its key North American or profitable
Latin American markets, potentially due to intense competition from
overseas rivals;
-- An inability to offset a major portion of expected tariff
headwinds with pricing and sourcing actions;
-- Delays or the inability to deliver on strategic cost reduction
initiatives; or
-- More aggressive financial policies.
S&P could revise its outlook on Whirlpool to stable if an improving
operating performance and prudent financial policies sustain
leverage below 4.5x. This could occur if:
-- Sales and earnings prospects improve because discretionary
demand improves and competitive pressures ease; and
-- The company demonstrates a conservative financial policy and
reduces gross debt using proceeds from the Whirlpool India sale and
cash savings from the dividend cut.
WHITESTAR DISTRIBUTORS: Claims to be Paid from Ongoing Operations
-----------------------------------------------------------------
Whitestar Distributors, Inc., filed with the U.S. Bankruptcy Court
for the Northern District of Texas a Plan of Reorganization under
Subchapter V dated July 29, 2025.
The Debtor is a distributor of automotive paint and related
accessories with locations in Garland, Lewisville, Duncanville and
Houston, Texas.
The Debtor filed this case because of a personal injury lawsuit
filed by an alleged creditor that the Debtor believes is dubious
and wholly without merit. While the alleged creditor has filed a
proof of claim in the instant bankruptcy, no judgment has been
entered in that lawsuit, and no adversary proceeding related to the
instant bankruptcy has been filed.
Under the Plan the Debtor will pay 100% of all Allowed Secured
Claims on the Effective Date and a pro-rata payment of $3,500.00
per month on Allowed Unsecured Claims for a period of up to 60
months from the Effective Date.
Class 2 consists of Allowed Unsecured Claims. These Claims shall be
paid from a pool of $3,500.00 in 60 equal monthly installments
commencing on the first day of the first calendar month after the
Effective Date. These Claims are Impaired, and the holders of these
Claims are entitled to vote to accept or reject the Plan.
Class 3 Equity Interests shall be retained by the owners of said
Interests but shall not receive dividends or other distributions of
value on said Interests until Classes 1 and 2 are paid in full
under this Plan.
The Debtor intends to make all payments required under the Plan
from the net profits generated by the Debtor's ongoing operation of
its business.
A full-text copy of the Plan of Reorganization dated July 29, 2025
is available at https://urlcurt.com/u?l=RP8sDx 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
About Whitestar Distributors, Inc.
Whitestar Distributors Inc. is a Texas-based distribution company
headquartered in Garland.
Whitestar Distributors sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-41573) on May 2,
2025. In its petition, the Debtor reported assets between $50,000
and $100,000 and liabilities between $1 million and $10 million.
Judge Edward L. Morris handles the case.
The Debtor is represented by Joyce W. Lindauer, Esq., at Joyce W.
Lindauer Attorney, PLLC.
WILDFANG HOLDINGS: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------------
The U.S. Trustee for Region 18, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of Wildfang Holdings, LLC, according to court dockets.
About Wildfang Holdings LLC
Wildfang Holdings, LLC is a single-asset real estate company that
owns and leases a commercial restaurant and bar property located in
Eugene, Oregon.
Wildfang Holdings sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ore. Case No. 25-61981) on July 16,
2025. In its petition, the Debtor reported total assets of
$1,600,000 and total liabilities of $786,313.
Honorable Bankruptcy Judge Thomas M. Renn handles the case.
The Debtor is represented by Nicholas J. Henderson, Esq., at
Elevate Law Group.
WINDTREE THERAPEUTICS: Audit Chair Resigns; Kucharchuk Joins Board
------------------------------------------------------------------
Windtree Therapeutics, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Company
received a "Resignation Letter" from Leanne Kelly tendering her
resignation as a member of the Board of Directors effective
immediately. Ms. Kelly's resignation was accepted by the Board upon
receipt of her Resignation Letter. Prior to her resignation, Ms.
Kelly was the chairperson of the Company's Audit Committee.
Following Ms. Kelly's resignation, August 3, 2025, the Board
appointed Andrew Kucharchuk to serve on the Board, effective
immediately, until Mr. Kucharchuk's successor is elected and
qualified, or sooner in the event of his death, resignation, or
removal. The Board has determined that Mr. Kucharchuk meets the
requirements for independence under the applicable listing
standards of The Nasdaq Stock Market LLC and the Securities
Exchange Act of 1934, as amended. Mr. Kucharchuk was also appointed
as chairperson of the Audit Committee.
Mr. Kucharchuk has served as Chief Financial Officer of Cero
Therapeutics Holdings, Inc since October 2024 and Chief Financial
Officer of Chain Bridge I, Inc. since April 2024. Previously, he
has served as Chief Financial Officer of Theralink Technologies,
Inc. from May 2023 until June 2024 and as Acting Chief Financial
Officer of Theralink from June 2020 to December 2021. He has served
on the Board of Directors of Theralink since June 2020. Mr.
Kucharchuk also served as Chief Executive Officer and Chief
Financial Officer of OncBioMune, Inc. prior to Theralink's
acquisition of OBMP from November 2019 to June 2020 and November
2006 to October 2019, respectively. Mr. Kucharchuk served as the
Chairman and Chief Executive Officer of Adhera Therapeutics, Inc.
from July 2020 until September 2022 and its Chief Operating Officer
from October 2022 to October 2023. Mr. Kucharchuk is a graduate of
Louisiana State University and Tulane University's Freeman School
of Business, where he earned an MBA.
There are no arrangements or understandings between Mr. Kucharchuk
and any other persons pursuant to which Mr. Kucharchuk was selected
as a director of the Company. The Company is not aware of any
relationships or transactions in which Mr. Kucharchuk has or will
have an interest, or was or is a party, requiring disclosure under
Item 404(a) of Regulation S-K. No material plan, contract or
arrangement (written or otherwise) to which Mr. Kucharchuk is a
party or a participant was entered into or materially amended in
connection with him joining the Board, and Mr. Kucharchuk did not
receive any grant or award or any modification thereto, under any
such plan, contract or arrangement in connection with such event,
other than the normal cash fees payable to the Company's
directors.
About Windtree Therapeutics
Headquartered in Warrington, Pennsylvania, Windtree Therapeutics,
Inc. -- windtreetx.com -- is a biotechnology company focused on
advancing early and late-stage innovative therapies for critical
conditions and diseases. The Company's portfolio of product
candidates includes: (a) istaroxime, a Phase 2 candidate that
inhibits the sodium-potassium ATPase and also activates sarco
endoplasmic reticulum Ca2+ -ATPase 2a, or SERCA2a, for acute heart
failure and associated cardiogenic shock; preclinical SERCA2a
activators for heart failure; rostafuroxin for the treatment of
hypertension in patients with a specific genetic profile; and a
preclinical atypical protein kinase C iota, or aPKCi, inhibitor
(topical and oral formulations), being developed for potential
application in rare and broad oncology indications. The Company
also has a licensing business model with partnership out-licenses
currently in place.
Philadelphia, Pennsylvania-based EisnerAmper LLP, the company's
auditor since 2022, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended Dec. 31, 2024, citing that
the Company has suffered recurring losses from operations and
expects to incur losses for the foreseeable future, that raise
substantial doubt about its ability to continue as a going
concern.
As of Dec. 31, 2024, Windtree Therapeutics had $27.9 million in
total assets, $14.7 million in total liabilities, $3.2 million in
total mezzanine equity, and a total shareholders' equity of $10
million.
WOODLAND PLACE: Taps Clear Property Management as Listing Agent
---------------------------------------------------------------
Woodland Place Apartments, LLC seeks approval from the U.S.
Bankruptcy Court for the Northern District of Florida to employ
Clear Property Management Group, LLC as listing agent.
The Debtor requires services of the listing agent to market and
ultimately sell the real property owned by the Debtor, located at
8221 Pittman Avenue, Pensacola, Florida 32534.
The firm will render these services:
a. market and provide due diligence and coordinate the sale of
the property;
b. oversee and manage the terms of the sales and marketing of
the property; and
c. perform all other necessary actions related to the
management, marketing and solicitation of buyers of the property.
The commission rate for the listing agent is one percent.
As disclosed in the court filings, Clear Property Management Group
is a "disinterested person" within the meaning of section 101(14)
of the Bankruptcy Code.
The agent can be reached at:
Henry Land
Clear Property Management Group, LLC
9050 N Capital of Texas Hwy #320
Austin, TX 78759
Tel: (512) 501-3635
About Woodland Place Apartments, LLC
Woodland Place Apartments, LLC is a single asset real estate debtor
(as defined in 11 U.S.C. Section 101(51B)). The company is based in
Pensacola, Fla.
Woodland Place Apartments filed Chapter 11 petition (Bankr. N.D.
Fla. Case No. 24-30073) on February 1, 2024, with $1 million to $10
million in both assets and liabilities. Judge Jerry C. Oldshue, Jr.
oversees the case.
Edward J. Peterson, III, Esq. at Johnson Pope Bokor Ruppel & Burns,
LLP represents the Debtor as legal counsel.
WOODMAN INVESTMENT: Hires Havkin & Shrago as Insolvency Counsel
---------------------------------------------------------------
Woodman Investment Group LLC seeks approval from the U.S.
Bankruptcy Court for the Central District of California to hire
Havkin & Shrago, Attorneys at Law, as general insolvency counsel.
The firm will render these services:
a. represent the Debtor at its Initial Debtor Interview;
b. represent the Debtor at its meeting of creditors pursuant
to Bankruptcy Code Sec. 341(a), or any continuance thereof;
c. represent the Debtor at all hearings before the United
States Bankruptcy Court involving the Debtor as a Chapter 11
debtor, debtor in possession, and as a reorganized debtor, as
applicable;
d. advise the Debtor regarding matters of bankruptcy law,
including the Debtor's rights and remedies with respect to the
Debtor's assets and the claims of its creditors:
e. prepare on behalf of the Debtor, as Chapter 11 debtor and
debtor in possession, is applicable, all necessary applications,
motions, orders, and other legal papers;
f. advise the Debtor regarding matters of bankruptcy law,
including the Debtor's rights and remedies with respect to the
Debtor's assets and the claims of the creditors;
g. represent the Debtor with regard to all contested matters;
h. represent the Debtor with regard to the preparation of a
plan of reorganization and the negotiation and implementation of a
plan of reorganization;
i. analyze any secured, priority, or general unsecured claims
that have been filed in the Debtor's bankruptcy case;
j. negotiate with the Debtor's secured and unsecured creditors
regarding the amount and payment of their claims;
k. object to claims as may be appropriate; and
l. perform all other legal services for the Debtor as a
Chapter 11 debtor and debtor in possession, as applicable, as may
be necessary, other than adversary proceedings which would require
a further written agreement.
The firm will be paid at these rates:
Stella Havkin, Partner $575 per hour
David Jacob, Associate $395 per hour
My firm received a retainer payment in the sum of $20,000 from Eli
Sasson, president of Woodland Investment.
As disclosed in the court filing, Havkin & Shrago is a
disinterested person as that term is defined in Bankruptcy code
Section 101(14).
The firm can be reached through:
Stella Havkin, Esq.
Havkin & Shrago, Attorneys at Law
21650 Oxnard Blvd., Suite 1540
Woodland Hills, CA 91367
Tel: (818) 600-6240
About Woodman Investment Group LLC
Woodman Investment Group LLC owns the retail shopping center at
6801-6817 Woodman Avenue in Van Nuys, California. The property is
valued at $12 million, based on comparable sales in the area.
Woodman Investment Group LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10775) on May 2,
2025. In its petition, the Debtor reports total assets of
$12,338,987 and total liabilities of $27,605,068.
Honorable Bankruptcy Judge Martin R. Barash handles the case.
The Debtor is represented by Michael Jay Berger, Esq. at LAW
OFFICES OF MICHAEL JAY BERGER.
XWELL INC: Amends Bylaws to Lower Stockholder Voting Threshold
--------------------------------------------------------------
XWELL, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that the board of directors
approved the first amendment to the Third Amended and Restated
Bylaws of the Company, effective as of July 24, 2025.
The First Amendment amends and restates Article I, Section 1.8 of
the Bylaws in its entirety:
(i) to lower the required stockholder vote in all matters
other than the election of directors from the affirmative vote of a
majority of the voting power of the shares present in person or
represented by proxy at the meeting and entitled to vote on the
subject matter to the affirmative vote of a majority of the votes
cast by the stockholders present in person or represented by proxy
at the meeting and entitled to vote on the subject matter, voting
affirmatively or negatively (excluding abstentions and broker
non-votes), and
(ii) to make a corresponding change to the vote required for
class votes.
Specifically, the amended and restated Section 1.8 states that "the
stockholders entitled to vote at any meeting of stockholders shall
be determined in accordance with the provisions of section 1.10 of
these bylaws, subject to Section 217 (relating to voting rights of
fiduciaries, pledgors and joint owners of stock) and Section 218
(relating to voting trusts and other voting agreements) of the
DGCL.
Except as may be otherwise provided in the certificate of
incorporation, each stockholder entitled to vote at any meeting of
stockholders shall be entitled to one vote for each share of
capital stock held by such stockholder which has voting power upon
the matter in question. Voting at meetings of stockholders need not
be by written ballot and, unless otherwise required by law, need
not be conducted by inspectors of election unless so determined by
the holders of shares of stock having a majority of the votes which
could be cast by the stockholders present in person or represented
by proxy at the meeting and entitled to vote on the subject matter,
voting affirmatively or negatively (excluding abstentions and
broker non-votes). If authorized by the Board, such requirement of
a written ballot shall be satisfied by a ballot submitted by
electronic transmission (as defined in section 7.2 of these
bylaws), provided that any such electronic transmission must either
set forth or be submitted with information from which it can be
determined that the electronic transmission was authorized by the
stockholder or proxy holder.
Except as otherwise required by law, the certificate of
incorporation or these bylaws, in all matters other than the
election of directors, the affirmative vote of a majority of the
votes cast by the stockholders present in person or represented by
proxy at the meeting and entitled to vote on the subject matter,
voting affirmatively or negatively (excluding abstentions and
broker non-votes), shall be the act of the stockholders. Except as
otherwise required by law, the certificate of incorporation or
these bylaws, directors shall be elected by a plurality of the
voting power of the shares present in person or represented by
proxy at the meeting and entitled to vote on the election of
directors. Where a separate vote by a class or series or classes or
series is required, in all matters other than the election of
directors, the affirmative vote of the majority of the votes cast
by the stockholders of such class or series or classes or series
present in person or represented by proxy at the meeting, voting
affirmatively or negatively (excluding abstentions and broker
non-votes), shall be the act of such class or series or classes or
series, except as otherwise provided by law, the Certificate of
Incorporation, these Bylaws, or the rules and regulations of any
applicable stock exchange."
The foregoing description of the First Amendment is qualified by
reference to the First Amendment, a copy of which is available at
https://tinyurl.com/43n73w7m
About XWELL
New York, N.Y.-based XWELL, Inc. is a global wellness company
operating multiple brands and focused on bringing restorative,
regenerative and reinvigorating products and services to
travelers.
Morristown, N.J.-based Marcum LLP, the Company's former auditor,
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 significant losses and needs to raise additional funds to
meet its obligations and sustain its operations. These conditions
raise substantial doubt about the Company's ability to continue as
a going concern.
As of December 31, 2024, the Company had $25.4 million in total
assets, $17.6 million in total liabilities, and a total equity of
$7.7 million.
[^] BOOK REVIEW: The Sorcerer's Apprentice - Medical Miracles
-------------------------------------------------------------
Author: Sallie Tisdale
Publisher: BeardBooks
Softcover: 270 pages
List Price: $34.95
Review by Henry Berry
Order your own personal copy at http://is.gd/9SAfJR
An earlier edition of "The Sorcerer's Apprentice" won an American
Health Book Award in 1986. The book has been recognized as an
outstanding book on popular science. Tisdale brings to her subject
of the wide nd engrossing field of health and illness the
perspective, as well as the special sympathies and sensitivities,
of a registered nurse. She is an exceptionally skilled writer.
Again and again, her descriptions of ill individuals and images of
illnesses such as cancer and meningitis make a lasting impression.
Tisdale accomplishes the tricky business of bringing the reader to
an understanding of what persons experience when they are ill; and
in doing this, to understand more about the nature of illness as
well. Her style and aim as a writer are like that of a medical or
science journalist for leading major newspaper, say the "New York
Times" or "Los Angeles Times." To this informative, readable style
is added the probing interest and concern of the philosopher trying
to shed some light on one of the central and most unsettling
aspects of human existence. In this insightful, illuminating,
probing exploration of the mystery of illness, Tisdale also
outlines the limits of the effectiveness of treatments and cures,
even with modern medicine's store of technology and drugs. These
are often called "miracles" of modern medicine. But from this
author's perspective, with the most serious, life-threatening,
illnesses, doctors and other health-care professionals are like
sorcerer's trying to work magic on them. They hope to bring
improvement, but can never be sure what they do will bring it
about. Tisdale's intent is not to debunk modern medicine, belittle
its resources and ways, or suggest that the medical profession
holds out false hopes. Her intent is do report on the mystery of
serious illness as she has witnessed it and from this, imagined
what it is like in her varied work as a registered nurse. She also
writes from her own experiences in being chronically ill when she
was younger and the pain and surgery going with this.
She writes, "I want to get at the reasons for the strange state of
amnesia we in the health professions find ourselves in. I want to
find clues to my weird experiences, try to sense the nature of
being sick." The amnesia of health professionals is their state of
mind from the demands placed on them all the time by patients,
employers, and society, as well as themselves, to cure illness, to
save lives, to make sick people feel better. Doctors, surgeons,
nurses, and other health-care professionals become primarily
technicians applying the wonders of modern medicine. Because of the
volume of patients, they do not get to spend much time with any one
or a few of them. It's all they can do to apply the prescribed
treatment, apply more of it if it doesn't work the first time, and
try something else if this treatment doesn't seem to be effective.
Added to this is keeping up with the new medical studies and
treatments. But Tisdale stepped out of this problem-solving
outlook, can-do, perfectionist mentality by opting to spend most of
her time in nursing homes, where she would be among old persons she
would see regularly, away from the high-charged atmosphere of a
hospital with its "many medical students, technicians,
administrators, and insurance review artists." To stay on her
"medical toes," she balanced this with working occasional shifts in
a nearby hospital. In her hospital work, she worked in a neonatal
intensive care unit (NICU), intensive care unit (ICU), a burn
center, and in a surgery room. From this combination of work with
the infirm, ill, and the latest medical technology and procedures
among highly-skilled professionals, Tisdale learned that "being
sick is the strangest of states." This is not the lesson nearly all
other health-care workers come away with. For them, sick persons
are like something that has to be "fixed." They're focused on the
practical, physical matter of treating a malady. Unlike this
author, they're not focused consciously on the nature of pain and
what the patient is experiencing. The pragmatic, results-oriented
medical profession is focused on the effects of treatment. Tisdale
brings into the picture of health care and seriously-ill patients
all of what the medical profession in its amnesia, as she called
it, overlooks.
Simply in describing what she observes, Tisdale leads those in the
medical profession as well as other interested readers to see what
they normally overlook, what they normally do not see in the
business and pressures of their work. She describes the beginning
of a hip-replacement operation, the surgeon "takes the scalpel and
cuts--the top of the hip to a third of the way down the thigh--and
cuts again through the globular yellow fat, and deeper. The
resident follows with a cautery, holding tiny spraying blood
vessels and burning them shut with an electric current. One small,
throbbing arteriole escapes, and his glasses and cheek are
splattered." One learns more about what is actually going on in an
operation from this and following passages than from seeing one of
those glimpses of operations commonly shown on TV. The author
explains the illness of meningitis, "The brain becomes swollen with
blood and tissue fluid, its entire surface layered with pus...The
pressure in the skull increases until the winding convolutions of
the brain are flattened out...The spreading infection and pressure
from the growing turbulent ocean sitting on top of the brain cause
permanent weakness and paralysis, blindness, deafness...." This
dramatic depiction of meningitis brings together medical facts,
symptoms, and effects on the patient. Tisdale does this repeatedly
to present illness and the persons whose lives revolve around it
from patients and relatives to doctors and nurses in a light
readers could never imagine, even those who are immersed in this
world.
Tisdale's main point is that the miracles of modern medicine do not
unquestionably end the miseries of illness, or even unquestionably
alleviate them. As much as they bring some relief to ill
individuals and sometimes cure illness, in many cases they bring on
other kinds of pains and sorrows. Tisdale reminds readers that the
mystery of illness does, and always will, elude the miracle of
medical technology, drugs, and practices. Part of the mystery of
the paradoxes of treatment and the elusiveness of restored health
for ill persons she focuses on is "simply the mystery of illness.
Erosion, obviously, is natural. Our bodies are essentially
entropic." This is what many persons, both among the public and
medical professionals, tend to forget. "The Sorcerer's Apprentice"
serves as a reminder that the faith and hope placed in modern
medicine need to be balanced with an awareness of the mystery of
illness which will always be a part of human life.
Sallie Tisdale -- http://www.sallietisdale.com/-- is an American
writer and essayist. She was born in April 1957 in Eureka,
California. She earned a nursing degree in 1983 in Wesleyan
University and wrote in her off-hours from medical practice. She
currently teaches at Dharma Rain Zen Center in Portland, Oregon.
*********
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