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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
Monday, August 11, 2025, Vol. 29, No. 222
Headlines
137 FALMOUTH: Case Summary & Eight Unsecured Creditors
1524 CC RD: Seeks to Tap Woods Rogers Vandeventer Black as Counsel
1993 GREEN: Seeks Chapter 11 Bankruptcy in California
26 BOWERY LLC: 2 Bowery Must Pay Buyer's Premium to Northgate
301 W NORTH: Court Extends Cash Collateral Access to Sept. 30
3910 ENTERPRISES: Seeks Chapter 11 Bankruptcy in Texas
4 POINTS TOWING: Case Summary & 20 Largest Unsecured Creditors
4069-4089 MINNESOTA: Trustee Taps Barry Strickland as Accountant
5TH AVENUE: Seeks to Hire BFSNG Law Group as Bankruptcy Counsel
875 CONLEY CV22: Seeks Chapter 11 Bankruptcy in New York
A&F USA PROPERTIES: Seeks to Hire The Smeberg Law Firm as Counsel
ABLENVIRONMENTAL LLC: Seeks to Tap Middlebrooks Shapiro as Counsel
ACCURADIO LLC: Seeks to Hire Jeffrey Jarmuth as Special Counsel
ACTIVE WORLD: Unsecured Creditors to be Paid in Full in Plan
ACUTE HVACR: Unsecureds Will Get 3.2% of Claims in Plan
ADELAIDA CELLARS: Claims to be Paid from Asset Sale Proceeds
ADVANCED TRENCHLESS: Court OKs Deal to Use Cash Collateral
AGDP HOLDING: Seeks Chapter 11 Bankruptcy in Delaware
ALACHUA GOVERNMENT: Taps Jefferies LLC as Investment Banker
ALEXANDER PLASTICS: Voluntary Chapter 11 Case Summary
ALL AMERICAN: Claims to be Paid from Business Operations
AMERIFIRST FINANCIAL: Proposes Global Settlement in Ch. 11 Case
ANCIOM LLC: Unsecureds Will Get 8.69% of Claims over 36 Months
ANTONIO MUNOZ: Voluntary Chapter 11 Case Summary
APOGEE BREWING: Seeks Chapter 11 Bankruptcy in Texas
ARCHDIOCESE OF NEW ORLEANS: Court Sets Nov. Ch. 11 Plan Hearing
ARCHDIOCESE OF NEW ORLEANS: Unsecureds Will Get 1% of Claims
ARIS WATER: S&P Places 'B+' ICR on 'B+ CreditWatch Positive
ASCEND PERFORMANCE: Taps Deloitte as Tax Advisory Services Provider
ASSURE AFFORDABLE: Case Summary & Six Unsecured Creditors
ASTRO ACQUISITION: Fitch Assigns 'B' LongTerm IDR, Outlook Stable
AT HOME: Creditors' Committee Slams Chapter 11 Plan Disclosures
ATLANTIC NATURAL: Court OKs Food Equipment Sale to Moody Dunbar
BALL CORP: S&P Rates New $750MM Senior Unsecured Notes 'BB+'
BESPOKE CONSTRUCTION: Hires Hester Baker Krebs LLC as Attorney
BEST CHEER: Seeks Approval to Hire Braunco.com as Appraiser
BIG LOTS: Reaches Deal with Gordon Bros. on HQ Sale Funds
BMI OLDCO: Hires Togut Segal & Segal LLP as Bankruptcy Counsel
BMI OLDCO: Seeks to Hire Norton Rose Fulbright as Special Counsel
BRIGGS BROTHERS: Seeks Chapter 11 Bankruptcy in Louisiana
BROOK + WHITTLE: Enters Negotiations w/ Lenders for Fresh Funding
CASH CLOUD: Court Affirms Ruling on McAlary's Plan Objection
CASH CLOUD: Denial of McAlary's Chapter 7 Conversion Bid Affirmed
CBRM REALTY: Taps Hilco Real Estate as Real Estate Advisor
CBRM REALTY: Taps Larry G. Schedler as Real Estate Broker
CHICAGO SMILES: Court Extends Cash Collateral Access to Sept. 5
CMC ADVERTISING: Court Extends Cash Collateral Access to Oct 10
COLES OF LA: Seeks to Sell Hino Box Truck to Highest Bidder
CONCRETE TRUTH: Unsecured Creditors to be Paid in Full in Plan
CONTAINER STORE: Struggles with Debt
COSTELLO SR.-ALLEN: Unsecured Creditors to Split $79K in Plan
CTF CHICAGO: Court Extends Cash Collateral Access to Aug. 31
CUBCOATS ACQUISITION: M. Douglas Flahaut Named Subchapter V Trustee
CUBCOATS ACQUISITION: Seeks Subchapter V Bankruptcy in California
CYPRESSWOOD SPRING: Gets Extension to Access Cash Collateral
DESKTOP METAL: U.S. Trustee Appoints Creditors' Committee
DISTRICT 7 GRILL: Section 341(a) Meeting of Creditors on Sept. 9
DOUBLESHOT HOLDINGS: Gets OK to Use Cash Collateral Until Sept. 11
DVAC HEATING: Gets Final OK to Use Cash Collateral
ELENAROSE CAPITAL: Coal Asset Sale to Bulk Acquisition OK'd
EMBER DRIVE CV2021: Seeks Chapter 11 Bankruptcy in New York
ENI DIST: Seeks Chapter 11 Bankruptcy in Maryland
ETROG PROPERTIES: Taps FIA Capital Parters as Restructuring Advisor
ETROG PROPERTIES: Taps Goldberg Weprin Finkel Goldstein as Counsel
EVENTIDE CREDIT: Creditors Want Trustee to Oversee Chapter 11 Case
EVERSTREAM SOLUTIONS: Secures Court OK for $385MM Chapter 11 Sale
EYM CAFE: Seeks Chapter 11 Bankruptcy in Texas
FAIR OFFER: To Sell Vina Property to Benjiman & Kimberley Moredock
FALCON CONLEY CV20 LLC: Seeks Chapter 11 Bankruptcy in New York
FELTRIM BALMORAL: Seeks Approval to Tap Angela Welch as Accountant
FIBRE-TECH INC: Gets Final OK to Use Cash Collateral
FIRST CLASS: Gets Extension to Access Cash Collateral
FLAGSHIP RESORT: Gets Court Okay for Chapter 11 Sale
FLOATUS INC: Gets Final Approval to Use Cash Collateral
FRISCO BAKING: Gets Interim OK to Modify Cash Collateral Budget
FWAK LLC: Voluntary Chapter 11 Case Summary
GENESIS HEALTHCARE: Seeks to Hire Ordinary Course Professionals
GIBSON INC: S&P Downgrades ICR to 'B-', Outlook Negative
GILLETTE ENTERPRISES: Gets Extension to Access Cash Collateral
GLOBAL PREMIER: Unsecureds Will Get 100% of Claims in Plan
GRANT PARK: Section 341(a) Meeting of Creditors on September 11
GREATER LIFE: John Rhyne Named Subchapter V Trustee
GREATER LIFE: Section 341(a) Meeting of Creditors on September 15
GREATER LIGHT: Case Summary & Five Unsecured Creditors
HARDING BELL: Gets Interim OK to Use Cash Collateral Until Sept. 30
HARP AND CLOVER: Seeks Approval to Tap Jason D. Gray as Accountant
HEAVENLY HOGS: Seeks to Hire Tom Bible Law as Bankruptcy Counsel
HL PIT STOP: Case Summary & 20 Largest Unsecured Creditors
HPC VINEBURN: Case Summary & Five Unsecured Creditors
HRHI WIND-DOWN: To Sell Employee Retention Credits
INDIAN CREEK: Seeks to Hire Kutner Brinen Dickey Riley as Counsel
INNOVATE CORP: S&P Upgrades ICR to 'CCC', Outlook Negative
IWC OIL: Seeks to Hire Cennamo and Werner as Bankruptcy Counsel
J INTERNATIONAL: Case Summary & 17 Unsecured Creditors
J&D CUSTOMS: Seeks to Hire Joseph R. Seimer CPA as Accountant
J.D. SAC CONSULTING: Gets Final OK to Use Cash Collateral
J4G LLC: Jarrod Martin Named Subchapter V Trustee
JERK PIT: Gets Final OK to Use Cash Collateral
JUS BROADCASTING: Court Extends Cash Collateral Access to Nov. 7
KDZ REALTY: Seeks to Hire Conway Law Group as Bankruptcy Counsel
KEHE DISTRIBUTORS: S&P Downgrades ICR to 'B', Outlook Stable
KOZUBA & SONS: Gets Interim OK to Use Cash Collateral Until Aug. 21
L.D. LYTLE: Gets Interim OK to Use Cash Collateral
LAID RIGHT: Seeks to Hire Johnsons Accounting as Accountant
LAKE COUNTY: Court Extends Cash Collateral Access to Aug. 28
LEGACY NORTH: Seeks Chapter 7 Bankruptcy w/ Up to $10MM Debt
LINQTO TEXAS: Hires Sullivan & Cromwell as Corporate Counsel
LINQTO TEXAS: Seeks to Hire Jefferies LLC as Investment Banker
LINQTO TEXAS: Seeks to Hire Katten Muchin Rosenman LLP as Counsel
LINQTO TEXAS: Seeks to Hire Schwartz PLLC as Bankruptcy Counsel
LINQTO TEXAS: Seeks to Hire Triple P RTS as Restructuring Advisor
LINQTO TEXAS: Taps Jeffrey S. Stein of Breakpoint Partners as CRO
LION RIBBON: Seeks to Hire Latham & Watkins as Bankruptcy Counsel
LION RIBBON: Taps Huron as Financial Advisor and Investment Banker
LYNNHAVEN SCHOOL: Jennifer McLemore Named Subchapter V Trustee
M & M BUCKLEY: Court Extends Cash Collateral Access to Aug. 28
MACHINE TOOL: To Sell Terre Haute Properties to Curtis J. Grayless
MARIN SOFTWARE: Unsecureds Will Get 100% of Claims in Plan
MARKUS CORP: Court Extends Cash Collateral Access to Sept. 3
MAYFAIR-HABITAT GROUP: Hires EXp Realty LLC as Real Estate Agent
MEANDERING BEND: Section 341(a) Meeting of Creditors on September 2
MEATHEADZ LLC: Seeks to Hire Ajay Kumar, CPA as Accountant
MEMPHIS MADE: Case Summary & 20 Largest Unsecured Creditors
MERIT STREET: Professional Bull Riders Out as Committee Member
MERIT STREET: Trinity Network Seeks Dismissal of Venture Lawsuit
MICHAEL E JONES MD: Voluntary Chapter 11 Case Summary
MODEL TOBACCO: Gets Final OK to Use Cash Collateral Until Dec. 31
MODERN FLOOR: Seeks Chapter 11 Bankruptcy in California
MOLINA VENTURES: Section 341(a) Meeting of Creditors on Sept. 11
MOM CA: Final Hearing to Use Cash Collateral Set for Aug. 14
MOSAIC SUSTAINABLE: Files Amendment to Disclosure Statement
MP COMPLETE: Seeks Chapter 11 Bankruptcy in Florida
NATIONAL FOOD: Seeks to Hire Patrick J. Gros CPA as Accountant
NAUTICA'S EDGE: Taps Virtual Properties Realty.Biz as Estate Broker
NEAR INTELLIGENCE: Former Execs Accused in $25MM Fraud
NEDDY LLC: Court Extends Cash Collateral Access to Sept. 30
NEW REDBIRD: Seeks Chapter 11 Bankruptcy in Oklahoma
ORB ENERGY: Seeks Chapter 11 Bankruptcy in Texas
OSTENDO TECHNOLOGIES: Hires Sherwood as Restructuring Advisor
OUTER AISLE: Taps Winthrop Golubow Hollander as Insolvency Counsel
PALMAS ATHLETIC: Section 341(a) Meeting of Creditors on September 8
PARLEMENT TECHNOLOGIES: Gets Chap. 11 Liquidation Plan Confirmation
PENNYMAC FINANCIAL: S&P Rates New $650MM Sr. Unsecured Notes 'B+'
PHILLIPS TOTAL: Hires Carmichael & Quartemont as Counsel
PLAZA UTILITIES: Seeks Chapter 11 Bankruptcy in Indiana
PORCELANATTO CORP: Seeks to Hire Mendez Law Offices as Counsel
POSH QUARTERS: Voluntary Chapter 11 Case Summary
POWIN LLC: Committee Taps Brown Rudnick LLP as Co-Counsel
POWIN LLC: Committee Taps Genova Burns LLC as Local Co-Counsel
POWIN LLC: Secures Court Approval for $54MM Asset Sales
PPS PROPERTY 8-10: Taps Robert C. Nisenson as Bankruptcy Counsel
R.W. SIDLEY: U.S. Trustee Unable to Appoint Committee
RB BIOSCIENCE: Seeks Chapter 11 Bankruptcy in Oklahoma
RCM LIVING ASSET: Section 341(a) Meeting of Creditors on Sept. 3
RENT-A-CHRISTMAS LLC: Jolene Wee Named Subchapter V Trustee
RITE AID: Selects Med Pharmacy as Buyer of Pharmacy Assets
ROOTED SUMMERVILLE: Seeks to Hire Tom Bible Law as Attorney
ROSALIE WHITE: Leon Jones Named Subchapter V Trustee
S&G HOSPITALITY: Court Extends Cash Collateral Access to Sept. 30
S.E.E.K ARIZONA: Seeks to Tap Price Kong & Co. as Tax Professional
SALT LAKE CITY DISTILLERY: Seeks Cash Collateral Access
SAMYS OC: Seeks Approval to Hire Varney & Associates as Accountant
SASAS HOSPITALITY: Cash Collateral Hearing Set for Aug. 13
SCANDIA SPA: Taps Coldwell Banker Residential Brokerage as Realtor
SEASONAL LANDSCAPE: Court Extends Cash Collateral Access to Aug. 31
SKY PROTOCOL: S&P Assigns 'B-' ICR, Outlook Stable
SKYLINE EMS: Seeks to Hire Antonio Martinez Jr. as Legal Counsel
SMALL FORTUNE: Gets Extension to Access Cash Collateral
SNAP INC: S&P Rates New $500MM Senior Unsecured Notes 'B+'
SOLID FINANCIAL: Seeks to Tap Omni Agent as Administrative Agent
SOUTHERN AUTO: Court Extends Cash Collateral Access to Sept. 1
SOUTHERN EXPRESS: Seeks Chapter 11 Bankruptcy in North Carolina
SOUTHWEST FIRE: Seeks to Tap Gatton & Associates as Legal Counsel
SPEARMAN AEROSPACE: Court Extends Cash Collateral Access to Oct. 31
STAKEHOLDER MIDSTREAM: S&P Assigns 'B+' ICR, Outlook Stable
STEWARD HEALTH: DOJ, Massachusetts Appeal Ch. 11 Bankruptcy Plan
STORMS FAMILY: Seeks to Tap Coldwell Banker as Real Estate Broker
SYNAPSE FINANCIAL: CFPB Preps Unrecovered Consumer Funds Complaint
T-SHACK INC: Seeks to Hire Michael J. Harker as Bankruptcy Counsel
TEHUM CARE: Creditors Allowed to Pursue Successor Liability Claims
TELLICO RENTALS: Seeks Approval to Hire ReMax Excels as Realtor
TJ TRUCKING: Court Extends Cash Collateral Access to Oct. 10
TLC MEDICAL: Seeks to Tap NAI Southcoast as Real Estate Broker
TRACK BARN: Gets Final OK to Use Cash Collateral
TRINITY INTEGRATED: Hires Scott A Harnden CPA PC as Accountant
TURNER OAKWOOD: Seeks to Sell Raleigh Property at Auction
TYLER 2 CONSTRUCTION: Hires Moon Wright & Houston as Counsel
UGLYDUCKLINGRENO LLC: Hires Bruner Wright as Bankruptcy Counsel
UNITED SITE: Lenders Rehire Advisers to Renew Debt Talks
UPHEALTH HOLDINGS: Gets September Hearing on Ch. 11 Plan Approval
VALHALLA LAND: Hires Valhalla Land to Provide Tax Services
VALVES AND CONTROLS: Hires Kroll as Claims and Noticing Agent
VEGAS TREASURES: Gets Final OK to Use Cash Collateral
VIVA LIBRE: Claims to be Paid From Available Cash and Income
VSM PROPERTIES: Seeks Court Approval to Tap ReMax Excels as Realtor
WAG! GROUP: Seeks to Hire Triple P TRS as Restructuring Advisor
WAG! GROUP: Taps Epiq Corporate as Administrative Advisor
WAG! GROUP: Taps Young Conaway Stargatt as Bankruptcy Counsel
WELLMADE FLOOR: Seeks Chapter 11 Bankruptcy in Georgia
WELLMADE FLOOR: Seeks to Sell Floor Covering Manufacturing Assets
WHITE VIOLET: Hires Ascendant Law Group as Bankruptcy Counsel
WHITEEAGLE PROPERTIES: Seeks to Tap Mark J. Lazzo as Legal Counsel
WILLIAMSON: Summary Judgment, Fee Award in Mitchell/Roberts Upheld
WISDOM DENTAL: Case Summary & 20 Largest Unsecured Creditors
WOLF MIDSTREAM: DBRS Confirms BB(high) Issuer Rating
*********
137 FALMOUTH: Case Summary & Eight Unsecured Creditors
------------------------------------------------------
Debtor: 137 Falmouth Street LLC
137 Falmouth Street
Brooklyn, NY 11235
Business Description: 137 Falmouth Street LLC is a real estate
lessor that owns a single-family residence
at 137 Falmouth Street in Brooklyn, New
York, listed as Block 8749 Lot 311. The
property is currently valued at $1.3
million.
Chapter 11 Petition Date: August 6, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-43810
Judge: Hon. Nancy Hershey Lord
Debtor's Counsel: Charles Wertman, Esq.
LAW OFFICES OF CHARLES WERTMAN P.C.
100 Merrick Road Suite 304W
Rockville Centre NY 11570-4807
Tel: (516) 284-0900
E-mail: charles@cwertmanlaw.com
Total Assets: $1,300,016
Total Liabilities: $1,281,790
Mark Taub signed the petition as chief restructuring officer.
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/33XW6HI/137_Falmouth_Street_LLC__nyebke-25-43810__0001.0.pdf?mcid=tGE4TAMA
1524 CC RD: Seeks to Tap Woods Rogers Vandeventer Black as Counsel
------------------------------------------------------------------
1524 CC RD LLC seeks approval from the U.S. Bankruptcy Court for
the Western District of Virginia to employ Woods Rogers Vandeventer
Black PLC as counsel.
The firm will render the following services:
(a) advise the Debtor of its powers and duties in the
distribution of property of its estates pursuant to the Bankruptcy
Code and applicable law;
(b) prepare on behalf of the Debtor necessary legal papers;
(c) appear in court on behalf of the Debtor and in order to
protect its interests before the court; and
(d) perform all other legal services for the Debtor that may
be necessary and proper in these proceedings.
The firm's attorneys agreed to be paid at these discounted hourly
rates:
Michael Hastings $625
Justin Simmons $400
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Hastings 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 E. Hastings, Esq.
Woods Rogers Vandeventer Black PLC
10 S. Jefferson Street, Suite 1800
Roanoke, VA 24011
Telephone: (540) 983-7568
Facsimile: (540) 322-3417
Email: mhastings@woodsrogers.com
About 1524 CC RD LLC
1524 CC RD LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Va. Case No. 25-50402) on July 14,
2025, listing up to $10 million in both assets and liabilities.
Michael E. Hastings, Esq., at Woods Rogers Vandeventer Black PLC
represents the Debtor as counsel.
1993 GREEN: Seeks Chapter 11 Bankruptcy in California
-----------------------------------------------------
On August 4, 2025, 1993 Green Valley Road LLC filed Chapter 11
protection in the Northern District of California. According to
court filing, the Debtor reports $2,600,000 in debt owed to 1 and
49 creditors. The petition states funds will be available to
unsecured creditors.
About 1993 Green Valley Road LLC
1993 Green Valley Road LLC is a single-asset real estate entity
that owns the property at 1993 Green Valley Road in Alamo,
California, valued at $3.25 million.
1993 Green Valley Road LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-41404) on August
4, 2025. In its petition, the Debtor reports total assets of
$3,250,000 and total liabilities of $2,600,000.
The Debtor is represented by Ruth Auerbach, Esq.
26 BOWERY LLC: 2 Bowery Must Pay Buyer's Premium to Northgate
-------------------------------------------------------------
Chief Judge Martin Glenn of the United States Bankruptcy Court for
the Southern District of New York granted Northgate Real Estate
Group, LLC's motion to hold 2 Bowery LLC in civil contempt based on
a failure to comply with orders in connection with the purchase of
certain properties. Northgate's request to compel 2 Bowery to pay
the Buyer's Premium and attorney's fees is also granted.
26 Bowery LLC was the owner of 26 Bowery, New York, New York. 2
Bowery Holding LLC was the owner of 2 Bowery, New York, New York.
On March 21, 2024, the Court authorized the Debtors' retention of
Northgate as their real estate advisor, governed by the retention
agreement between the Debtors and Northgate. The Retention Order
authorizes Northgate's commission to be 4% of the gross purchase
price -- the "Buyer's Premium -- for the Properties. In September
2024, the Court further authorized the bidding procedures for the
Properties. The Bidding Procedures Approval Order designated 2
Bowery LLC as the "Stalking Horse" buyer for the 2 Bowery Property.
The Bidding Procedures Approval Order further restated that the
Buyer's Premium would be 4% of the purchase price, to be paid by
the purchaser.
On Nov. 13, 2024, the Court entered an order approving the Debtors'
plan of reorganization and the sale of the 2 Bowery Property to the
Buyer. The sale of the 2 Bowery Property to the Buyer closed on
Feb. 28, 2025 and Northgate subsequently filed a fee application on
April 1, 2025, in connection with the sale. On May 5, 2025, the
Court entered the fee approval order, instructing the Buyer to pay
Northgate the buyer's premium in the amount of $220,000 on account
of a 4% commission of the $5,500,000 purchase price for the 2
Bowery Property within five days after entry of this Order.
The Court has clearly and unambiguously instructed the Buyer to pay
Northgate the Buyer's Premium upon the sale of the 2 Bowery
Property.
According to the Court, the Buyer has not demonstrated that it has
paid the Buyer's Premium to Northgate for the sale of the 2 Bowery
Property. The Buyer has not responded to the Motion, and,
therefore, the Buyer has failed to refute its alleged nonpayment of
the fee or establish that it is experiencing an inability to pay
the fee.
The Buyer has not communicated that it is unable to pay the Buyer's
Premium and has failed to adhere to Court's instruction to pay the
Buyer's Premium pursuant to the Fee Approval Order. Therefore, the
Court finds the Buyer has not been reasonably diligent in adhering
to the Order.
The Buyer must pay the amount due within seven days of the date of
this Opinion. Failure to pay the sum due will result in additional
civil contempt sanctions.
A copy of the Court's Memorandum Opinion and Order dated July 31,
2025, is available at https://urlcurt.com/u?l=rhTOV9 from
PacerMonitor.com.
Counsel for Northgate Real Estate Group, LLC:
Paul A. Rubin, Esq.
Hanh V. Huynh, Esq.
RUBIN LLC
11 Broadway, Suite 715
New York, NY 10004
E-mail: prubin@rubinlawllc.com
hhuynh@rubinlawllc.com
About 26 Bowery
26 Bowery, LLC is the owner of the real property and improvements
located at 26 Bowery, N.Y. The property is a mixed-use commercial
property located in Manhattan's Chinatown neighborhood.
26 Bowery and its affiliate, 2 Bowery Holding, LLC, filed their
voluntary petitions for Chapter 11 protection (Bankr. S.D.N.Y. Case
Nos. 22-10412 and 22-10413) on March 31, 2022. Both reported as
much as $10 million in both assets and liabilities at the time of
the filing.
Judge Martin Glenn oversees the cases.
A. Mitchell Greene, Esq., at Leech Tishman Robinson Brog PLLC
serves as the Debtors' legal counsel.
301 W NORTH: Court Extends Cash Collateral Access to Sept. 30
-------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois
issued its third interim order extending 301 W North Avenue, LLC's
authority to use the cash collateral of BDS III Mortgage Capital G,
LLC to September 30.
The Debtor is authorized to continue using the secured lender's
cash collateral on the terms set forth in the initial order (as
modified by the second and third interim orders) and in accordance
with the budget.
The Debtor projects total operational expenses of $145,957 for
August and $145,462 for September.
A status hearing will be held on September 24.
About 301 W North Avenue
301 W North Avenue LLC is a real estate debtor with a single asset,
as outlined in 11 U.S.C. Section 101(51B), and its main property is
situated at 1552 N. North Park Avenue, Chicago, IL 60610.
301 W North Avenue LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-05275) on April 5,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million to $50 million each.
Honorable Bankruptcy Judge Timothy A. Barnes handles the case.
The Debtor is represented by Robert Glantz, Esq. ROBERT GLANTZ MUCH
SHELIST, P.C.
BDS III Mortgage Capital G LLC, as creditor, is represented by:
Steven Yachik, Esq.
William S. Gyves, Esq.
Benjamin Feder, Esq.
Philip A. Weintraub, Esq.
KELLEY DRYE & WARREN LLP
3 World Trade Center
175 Greenwich Street New York, New York 10007
Telephone: (212) 808-7800
Facsimile: (212) 808-7897
Email: syachik@kelleydrye.com
wgyves@kelleydrye.com
bfeder@kelleydrye.com
pweintraub@kelleydrye.com
3910 ENTERPRISES: Seeks Chapter 11 Bankruptcy in Texas
------------------------------------------------------
On August 5, 2025, 3910 Enterprises Inc. filed Chapter 11
protection in the Southern District of Texas. According to court
filing, the Debtor reports between $1 million and $10 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About 3910 Enterprises Inc.
3910 Enterprises Inc. manages real estate on behalf of clients and
provides property appraisal services.
3910 Enterprises Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-80362) on August 5,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Genevieve M. Graham, Esq. at GENEVIEVE
GRAHAM LAW, PLLC DBA GRAHAM PLLC.
4 POINTS TOWING: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: 4 Points Towing & Roadside Service LLC
5425 Willow Grove Road
Camden Wyoming, DE 19934
Business Description: 4 Points Towing & Roadside Service LLC
provides towing and roadside assistance
services across Kent County and surrounding
areas in Delaware and Maryland, offering
local and long-distance transport for cars,
trucks, exotic and classic vehicles, and
low-clearance automobiles. The Company also
handles light equipment hauling in Dover and
along US-13 and DE-1 in Harrington, Milford,
and Central Delaware. It operates as a
family-owned and locally managed business.
Chapter 11 Petition Date: August 8, 2025
Court: United States Bankruptcy Court
District of Delaware
Case No.: 25-11491
Judge: Hon. Laurie Selber Silverstein
Debtor's Counsel: Adam Hiller, Esq.
HILLER LAW LLC
300 Delaware Avenue Suite 210 #227
Wilmington DE 19801
Tel: (302) 442-7677
E-mail: ahiller@adamhillerlaw.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Janet Kope as president and manager.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/T6NBIHQ/4_Points_Towing__Roadside_Service__debke-25-11491__0001.2.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/TWAINDY/4_Points_Towing__Roadside_Service__debke-25-11491__0001.0.pdf?mcid=tGE4TAMA
4069-4089 MINNESOTA: Trustee Taps Barry Strickland as Accountant
----------------------------------------------------------------
H. Jason Gold, the Chapter 11 trustee for 4069-4089 Minnesota Ave,
NE, LLC, seeks approval from the U.S. Bankruptcy Court for the
District of Columbia to hire Barry Strickland & Company, Certified
Public Accountants, as his accountant.
The firm will provide services to the Trustee with respect to
accounting work necessary for the proper administration of the
Debtor's bankruptcy estate, including, but not limited to, the
preparation and filing of local, state and federal tax returns,
reviewing financial records and advising the Trustee, as directed
by the Trustee.
The firm's current standard hourly rates for accountants are
between $345 and $360 and between $110 and $145 for
paraprofessionals.
In addition, Barry Strickland & Company will seek reimbursement for
necessary and proper expenses incurred in performing the service.
Barry I. Strickland, a partner at Barry Strickland & Company,
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:
Barry I. Strickland
Barry Strickland & Company
P.O. Box 9228 Richmond, VA
9410 Atlee Commerce Blvd., Suite 1,
Ashland, VA 23005
Telephone: (804) 550-8500
Facsimile: (804) 550-8505
About 4069 - 4089 Minnesota Ave NE
4069 - 4089 Minnesota Ave, NE, LLC is a debtor with a single real
estate asset, as outlined in 11 U.S.C. Section 101(51B).
4069 - 4089 Minnesota Ave sought filed Chapter 11 petition (Bankr.
D. D.C. Case No. 25-00070) on Feb. 27, 2025, listing between $10
million and $50 million in both assets and liabilities. Oscar
Portillo, managing member, signed the petition.
Judge Elizabeth L. Gunn oversees the case.
The Law Offices of Richard B. Rosenblatt, PC serves as the Debtor's
bankruptcy counsel.
5TH AVENUE: Seeks to Hire BFSNG Law Group as Bankruptcy Counsel
---------------------------------------------------------------
5th Avenue Furniture Warehouse Inc., doing business as Avenue
Furniture, seeks approval from the U.S. Bankruptcy Court for the
Eastern District of New York to employ BFSNG Law Group, LLP to
handle its Chapter 11 case.
The hourly rates of the firm's counsel and staff are as follows:
Robert L. Pryor, Partner $725
Gary C. Fischoff, Partner $685
Heath S. Berger, Partner $585
Mark E. Cohen, Of Counsel $550
Dawn Traina, Paralegal $210
Angelique Filardi, Paralegal $210
In addition, the firm will seek reimbursement for expenses
incurred.
Prior to the petition date, the firm received a retainer of $30,000
plus the filing fee of $1,738 from the Debtor.
Mr. Berger 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:
Heath S. Berger, Esq.
BFSNG Law Group, LLP
6851 Jericho Turnpike, Suite 250
Syosset, NY 11791
Telephone: (516) 747-1136
About 5th Avenue Furniture Warehouse
5th Avenue Furniture Warehouse Inc. is a family-owned furniture
retailer located at 1644 5th Avenue, Bay Shore, New York, offering
a range of home furnishings, mattresses, and accessories.
5th Avenue Furniture Warehouse sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-72216) on
June 6, 2025. In its petition, the Debtor reports total assets of
$283,034 and total liabilities of $2,736,974.
Honorable Bankruptcy Judge Louis A. Scarcella handles the case.
The Debtor is represented by Heath S. Berger, Esq., at BFSNG Law
Group, LLP.
875 CONLEY CV22: Seeks Chapter 11 Bankruptcy in New York
--------------------------------------------------------
On August 4, 2025, 875 Conley CV22 LLC filed Chapter 11 protection
in the Eastern District of New York. According to court filing,
the Debtor reports $7,350,000 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About 875 Conley CV22 LLC
875 Conley CV22 LLC is a single-asset real estate entity whose
principal property is located at 875 Conley Road SE, Atlanta, GA
30354, and comprises 56 residential units.
875 Conley CV22 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-72983) on August 4,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities of $7,350,000.
Honorable Bankruptcy Judge Louis A. Scarcella handles the case.
The Debtor is represented by Heath S. Berger, Esq. at BFSNG LAW
GROUP, LLP.
A&F USA PROPERTIES: Seeks to Hire The Smeberg Law Firm as Counsel
-----------------------------------------------------------------
A&F USA Properties, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to employ The Smeberg Law
Firm, PLLC as counsel.
The firm's services include:
(a) assist, advise, and represent the Debtor in obtaining
pre-plan relief;
(b) assist, advise, and represent the Debtor in the
confirmation process;
(c) assist, advise, and represent the Debtor in completing
monthly operating reports (MORs);
(d) assist, advise, and represent the Debtor in adversary
litigation as further agreed with the Debtor;
(e) appear, as appropriate, before this Court, the appellate
courts, and other courts in which matters may be heard and to
protect the interests of the Debtor before said courts and the U.S.
Trustee; and
(f) perform all other necessary legal services in this case.
The firm will be paid at these hourly rates:
Ronald Smeberg, Attorney $450
Non Partner Attorneys $375
Associate Attorneys $300
Accounting Professionals $250
Legal Assistants/Paralegals $175
The firm received a prepetition retainer of $1,500 from Texas Auto
Save, LLC for the Debtor.
Mr. Smeberg 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:
Ronald J. Smeberg, Esq.
The Smeberg Law Firm PLLC
4 Imperial Oaks
San Antonio, TX 78248
Telephone: (210) 695-6684
Facsimile: (210) 598-7357
Email: ron@smeberg.com
About A&F USA Properties
A&F USA Properties LLC is a single-asset real estate debtor whose
principal property is located at 621 Highway 146 South in La Porte,
Texas.
A&F USA Properties LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-51499) on July 1,
2025. In its petition, the Debtor reports between $1 million and
$10 million in both estimated assets and liabilities.
Honorable Bankruptcy Judge Michael M. Parker handles the case.
The Debtor is represented by Ronald Smeberg, Esq., at The Smeberg
Law Firm PLLC.
ABLENVIRONMENTAL LLC: Seeks to Tap Middlebrooks Shapiro as Counsel
------------------------------------------------------------------
Ablenvironmental LLC seeks approval from the U.S. Bankruptcy Court
for the District of New Jersey to employ the law firm of
Middlebrooks Shapiro, PC as counsel.
The firm will render these services:
(a) prepare and file the Debtor's Chapter 11 petition,
schedules, and statement of financial affairs;
(b) represent the Debtor at the Initial Debtor Interview and
the section 341(a) meeting of creditors; and
(c) represent the Debtor in all aspects of the Chapter 11
case, including contested matters and adversary proceedings.
The firm will be paid at these hourly rates:
Melinda Middlebrooks, Attorney $500
Joseph Shapiro, Attorney $450
Jessica Minneci, Attorney $400
Law Clerks and Paralegals $100
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a total retainer of $15,000 from the Debtor plus
a filing fee of $1,738.
Ms. Middlebrooks 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:
Melinda D. Middlebrooks, Esq.
Middlebrooks Shapiro, P.C.
P.O. Box 1630
Belmar, NJ 07719
Telephone: (973) 218-6877
Email: jshapiro@middlebrooksshapiro.com
About Ablenvironmental LLC
Ablenvironmental LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-17836) on
July 25, 2025, listing under $1 million in both assets and
liabilities.
Judge Mark Edward Hall oversees the case.
The Debtor is represented by Melinda D. Middlebrooks, Esq., at
Middlebrooks Shapiro, PC.
ACCURADIO LLC: Seeks to Hire Jeffrey Jarmuth as Special Counsel
---------------------------------------------------------------
AccuRadio, LLC seeks approval from the U.S. Bankruptcy Court for
the Northern District of Illinois to employ Jeffrey Jarmuth, Esq.,
an attorney practicing in Chicago, Illinois, as special counsel.
The attorney will render these services:
(a) legal issues related to equity ownership interests of the
Debtor, corporate governance and the treatment of post-confirmation
equity ownership of the reorganized Debtor;
(b) legal advice regarding vendors and advertising sales
representation; and
(c) legal advice related to employment issues, employee and
member membership interest grants, and other human relations
issues.
The attorney will be billed at his hourly rate of $450.
Mr. Jarmuth disclosed in a court filing that he is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The attorney can be reached at:
Jeffrey J. Jarmuth, Esq,
34 E. Elm St.
Chicago, IL 60611
Telephone: (312) 335-9933
Facsimile: (312) 335-9933
About AccuRadio Inc.
AccuRadio Inc. is a Chicago-based company that offers streaming
radio service.
AccuRadio sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ill. Case No. 25-07366) on May 14, 2025. In its
petition, the Debtor reported estimated assets between $500,000 and
$1 million and estimated liabilities between $10 million and $50
million.
Judge Michael B. Slade handles the case.
The Debtor tapped Derek D. Samz, Esq., at Golan Christie Taglia,
LLP as counsel; Jeffrey Jarmuth, Esq., as special counsel; and
Media Financial Services as accountant.
ACTIVE WORLD: Unsecured Creditors to be Paid in Full in Plan
------------------------------------------------------------
Active World Holdings, Inc., d/b/a Active World Club, filed with
the U.S. Bankruptcy Court for the Eastern District of Pennsylvania
a Plan of Reorganization dated July 30, 2025.
The Debtor is a Pennsylvania corporation. Alfonso Knoll is the sole
owner and sole shareholder.
The Debtor is engaged in creating blockchain opportunities for
various assets especially its property at Galen Hall, Wernersville,
PA property and has also participated in producing a film for
imminent release known as "The Performance."
Prior to the instant filing, the Debtor settled a good portion of a
$900,000 debt with one of its creditors and the creditor pool, both
secured and unsecured, is now approximately $600-700,000, which is
much more manageable.
The Debtor has settled a receivable with "GivBux," a publicly
traded company. The Debtor believes settlement funding to be at
hand.
Class 2 consists of General Unsecured Claims without priority.
These claims are estimated to total approximately $51,000.
Unless otherwise provided in this Plan, funds received by the
Trustee or disbursed directly by the Debtor to all creditors shall
be paid in the following order of priority:
1. Pursuant to Section 1191(e) of the Bankruptcy Code, the
payment of claims entitled to priority under Sections 507(a)(2) and
(a)(3) of the Bankruptcy Code shall be paid in full prior to the
payment of all other claims.
2. Except as otherwise provided in Section 1191(e) of the
Bankruptcy Code, the payment of claims entitled to priority under
Section 507 of the Bankruptcy Code shall be paid in accordance with
Section 1129(a)(9) of the Bankruptcy Code.
3. Concurrently with the payments made, the Debtor shall pay its
secured claimants pursuant to agreed amounts as determined after
objection, if any, in full.
4. Concurrently with payments made, the Debtor shall pay its
remaining general, unsecured claims, in full.
The Debtor intends to fund the Plan with the GivBux receivable upon
receipt of the final paperwork and/or at the direction of the Court
after motion, or upon confirmation.
A full-text copy of the Plan of Reorganization dated July 30, 2025
is available at https://urlcurt.com/u?l=vUhdrW from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Kevin K. Kercher, Esq.
The Law Office of Kevin Kercher, Esquire, PC
881 3rd St.
Whitehall Township, PA 18052
Telephone: (610) 264-4120
Email: kevin@kercherlaw.com
About Active World Holdings
Active World Holdings Inc. sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-11826) on May
8, 2025, with $1 million to $10 million in assets and $500,000 to
$1 million in liabilities. Alfonso Knoll, authorized
representative, signed the petition.
Judge Patricia M. Mayer presides over the case.
Kevin K. Kercher, Esq., at the Law Office of Kevin K. Kercher,
Esquire represents the Debtor as bankruptcy counsel.
ACUTE HVACR: Unsecureds Will Get 3.2% of Claims in Plan
-------------------------------------------------------
Acute HVACR, LLC filed with the U.S. Bankruptcy Court for the
District of South Carolina a Plan of Reorganization for Small
Business dated July 30, 2025.
Acute HVACR LLC, d/b/a Acute Heating & Cooling, has proudly served
the Lowcountry as a family-owned HVAC contractor committed to
quality, reliability, and customer service since 2017.
Since entering Chapter 11, the Debtor's focus has been on
stabilizing the business, protecting core operations, and
preserving the trust of its employees, vendors, and clients. The
Debtor shifted away from high-risk construction projects and
recommitted to its core residential and service-based revenue
streams, which offer more predictable cash flow and higher margins.
The Debtor's operational processes have also been strengthened,
with greater oversight on project selection, tighter financial
controls, and improved internal reporting.
The Plan filed by the debtor contemplates that is secured creditors
shall be paid in full with the unsecured claims to be paid no less
than the liquidation yield and at least the projected disposable
income over sixty months. All holders of claims against the Debtor
are encouraged to real the Plan in its entirety before voting to
accept or reject the plan. The Plan provides for one class of
priority claims, one class of secured claims, on class for
executory contracts/unexpired leases, one class for unsecured
claims, and for the payment of administrative priority claims.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of approximately $48,650 over
a sixty-month period using all projected disposable income for plan
payments. The final Plan payment is expected to be paid in
approximately October 2030.
This Plan of Reorganization proposes to pay creditors of the Debtor
from future earnings. The Debtor does not anticipate that sales of
assets or loan proceeds will be necessary for the continued
operation and that the Debtor will be able to continue to operate
based solely on its cash flow from future operations.
Non-priority unsecured creditors holding allowed claims will
receive distributions representing no less than the liquidation
yield which the Debtor believes to be approximately zero percent.
As noted below, the Debtor's Plan provides for an approximate 3.2%
percent distribution to non-priority unsecured creditors. The Plan
provides for the payment of administrative, priority, secured and
unsecured claims.
Class 3 consists of all non-priority unsecured claims. Class 3
claims will be paid approximately 3.2% (rounded to the next dollar)
of each allowed claim amount. The allowed unsecured claims total
$1,496,097.14. The Debtor shall commence making a semi annual
payment to each creditor listed, on a pro-rata basis, with the
first payment being due six months after the final entry of the
Order confirming the plan. Any Creditor whose total distribution
amount is less than $500.00 may be paid in full during the pendency
of the plan. This class is impaired.
The Debtor shall fund the Plan from earnings.
A full-text copy of the Plan of Reorganization dated July 30, 2025
is available at https://urlcurt.com/u?l=MKkr4A from
PacerMonitor.com at no charge.
Attorney for the Debtor:
CAMPBELL LAW FIRM, P.A.
Michael H. Conrady, Esq.
Post Office Box 684
Mt. Pleasant, SC 29465
(843) 884-6874/884-0997(fax)
District Court I.D. No. 5560
Email: mconrady@campbell-law-firm.com
About Acute HVACR, LLC
Acute HVACR, LLC is a heating, ventilation, air conditioning, and
refrigeration contractor based in Summerville, S.C.
Acute HVACR sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.S.C. Case No. 25-01661) on May 1,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
Judge Elisabetta Gm Gasparini handles the case.
The Debtor is represented by Michael Conrady, Esq., at Campbell Law
Firm, PA.
ADELAIDA CELLARS: Claims to be Paid from Asset Sale Proceeds
------------------------------------------------------------
Adelaida Cellars, Inc., filed with the U.S. Bankruptcy Court for
the Central District of California a Disclosure Statement
describing Chapter 11 Plan of Liquidation dated July 30, 2025.
The Debtor's roots go back to the 1970s when Don and Elizabeth Van
Steenwyk purchased land in Paso Robles. In 1981, they started the
winery, which was one of the first ten wineries in Paso Robles and
has been family-owned since its founding.
The Debtor was formed in 1990 to own and operate the winery. The
winery has over 4,000 wine club members and regularly receives 90+
point ratings from various national wine publications. The real
property where the winery is located is owned by the Debtor's
parent company, KMBG, LLC, and leased to the Debtor. The Debtor's
revenues consist primarily of the sale of wine, most of which is
done through credit cards.
The Debtor's primary assets of value consist of (a) its inventory,
(b) cash, and (c) raw materials and winery equipment. The Debtor
believes that the amount the Debtor will realize from a sale of the
assets as a going concern is significantly higher than the net book
values.
The Plan is a liquidating plan under which the Debtor will sell its
assets as a going concern and use the net proceeds to fund payments
to creditors under the Plan. The judgment creditor holding the
largest claim against the Debtor will have its distributions held
in trust pending the outcome of the appeal of the judgment.
Class 4a consists solely of the Claim of the Judgment Creditor
filed as $12,705,669. In full and complete payment, satisfaction,
settlement, release, discharge, and extinguishment of the Judgment
Creditor Claim, Class 4a shall receive the same treatment as the
holders of Class 4b Claims, except that until the Claim becomes an
Allowed Class 4a Claim, its pro rata share of the Excess Cash, the
Net Sale Proceeds and any Net Recoveries shall be held in a
segregated account until this Claim becomes an Allowed Claim. The
Allowed Claim will be further reduced by any recoveries received by
the Judgment Creditor from other judgment debtors.
For purposes of calculating the amount to be held in reserve, the
Reorganized Debtor will assume that the amount of the Claim is
$12,705,669. If the Allowed Class 4a Claim is less than that
amount, then the excess amount in the reserve will be distributed
pro rata to the Allowed Class 4a and Class 4b Claims. The Allowed
amount of the Class 4a Claim will be capped at $12,705,669.
Class 4b consists of the General Unsecured Claims other than the
Claim of the Judgment Creditor and the Claims in Class 4c. The
allowed unsecured claims total $3,358,085.60, including the Class 1
Claim of First State Trust Company of Delaware, as Trustee of the
Kedrin E. Van Steenwyk Issue Trust dated August 8, 1996, as
decanted September 28, 2018, if the Lien is avoided.
Commencing at the end of the first full calendar quarter after the
Effective Date and continuing quarterly thereafter pending the sale
of the Property, the holders of Allowed Class 4b Claims will
receive pro rata distributions of Excess Cash, if any. In addition,
within thirty days of the sale of the Property, and in full
satisfaction, settlement, release, discharge, and extinguishment of
their Claims, the holders of Allowed Class 4b Claims shall receive
their pro rata share of the Net Sale Proceeds. Any Net Recoveries
obtained by the Reorganized Debtor will also be distributed pro
rata to the holders of Allowed Class 4b Claims.
If the Net Sale Proceeds and Net Recoveries are sufficient to pay
the holders of Class 4a and Class 4b Claims in full, then the
holders of Allowed Class 4a and Class 4b Claims will be paid
interest from the Effective Date at the rate of 5% per annum.
Class 4c consists of Convenience Class of General Unsecured Claims
of $1,800 or less that do not opt out of Class 4c. On the Effective
Date, the Debtor will make a cash payment equal to 90% of the
Allowed Class 4c General Unsecured Claims in full and complete
payment, satisfaction, settlement, release, discharge and
extinguishment of the Claims in this Class. Holders of Allowed
Class 4c General Unsecured Claims shall not be entitled to any
further distributions under the Plan. The allowed unsecured claims
total $19,558.
Class 5 consists of Equity interest held by KMBG, LLC. At the
election of KMBG to be made thirty days prior to the hearing to
consider confirmation of the Plan:
* KMBG will contribute either all or a portion of the real
property that it owns or the proceeds from the sale of all or a
portion of the real property that it owns to Adelaida, net of the
(a) costs of sale, (b) any debts of KMBG, including taxes, and (c)
estate taxes associated with the sale of the property, as a new
value contribution in exchange for retaining its equity in the
Debtor. If the real property is contributed, the estate taxes
resulting from the sale of the real property shall first be paid
before the net proceeds are available for distribution under the
Plan; or
* If KMBG elects not to contribute the net proceeds or the
real property in accordance with the foregoing provision, all
rights and powers associated with its shares in the Debtor will be
terminated and it will receive nothing on account of its equity
interest in the Debtor. If the Judgment is modified or reduced on
appeal or the Judgment Creditor is Paid in Full by other judgment
debtors and the Allowed Classes of Claims, including the Class 4a
Claim of the Judgment Creditor, are Paid in Full, then the rights
and powers associated with its shares shall be reinstated in KMBG,
LLC, and it will receive any remaining proceeds after all other
Claims are Paid in Full.
The Reorganized Debtor will sell the Property. Pending the sale of
the Property, payments under the Plan will be funded from the
Reorganized Debtor's operations. As reflected in the Projections,
Distributions to the Holders of Administrative Claims, Professional
Fee Claims, Priority Tax Claims, and the Class 4c Convenience Class
will be paid by the Reorganized Debtor from its Cash on Hand on the
Effective Date.
The Holders of Allowed Class 4a and 4b Claims will receive
quarterly payments of Excess Cash, if any, pending the sale of the
Property, plus their pro rata share of the Net Sale Proceeds within
thirty days of the closing of the sale of the Property.
After the Effective Date, the Reorganized Debtor shall be
authorized to retain an investment banker to sell the Property in
order to fund distributions under the Plan.
A full-text copy of the Disclosure Statement dated July 30, 2025 is
available at https://urlcurt.com/u?l=kVhROx from PacerMonitor.com
at no charge.
Adelaida Cellars, Inc. is represented by:
Hamid R. Rafatjoo, Esq.
RAINES FELDMAN LITTRELL LLP
1900 Avenue of the Stars, 19th Floor
Los Angeles, CA 90067
Telephone: (310) 440-4100
Facsimile: (310) 691-1367
About Adelaida Cellars
Adelaida Cellars, Inc. is a family-owned and operated winery in
Paso Robles, Calif.
Adelaida Cellars sought Chapter 11 petition (Bankr. C.D. Calif.
Case No. 24-11409) on December 13, 2024, with $10 million to $50
million in both assets and liabilities. Nicholas D. Rubin, chief
restructuring officer of Adelaida Cellars, signed the petition.
Judge Ronald A Clifford, III oversees the case.
The Debtor is represented by Hamid R. Rafatjoo, Esq., at Raines
Feldman Littrell, LLP.
ADVANCED TRENCHLESS: Court OKs Deal to Use Cash Collateral
----------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of California,
Oakland Division, approved a stipulation between Advanced
Trenchless, Inc and its principal secured creditor, Comerica Bank,
regarding the use of cash collateral.
Key terms of the stipulation include:
(1) a monthly budget not exceeding $342,060, with a 5% variance
allowance;
(2) monthly payments of $5,000 to Comerica as adequate
protection until confirmation of the Debtor's Chapter 11 plan;
(3) a replacement lien in favor of the bank on all of the
Debtor's post-petition assets, including cash, receivables,
inventory, equipment, and general intangibles; and
(4) a term lasting until either default, plan confirmation, or
court disapproval of the stipulation.
Comerica had previously extended a loan to the Debtor under a
revolving/installment note dated July 11, 2018, in the original
principal amount of $250,000. The loan is secured by all of the
Debtor's personal property through a Security Agreement and a UCC-1
Financing Statement filed on July 16, 2018, which perfects the
bank's first-priority lien on inventory, accounts, deposit
accounts, equipment, and general intangibles, whether now owned or
after acquired.
As of June 13, the Debtor owed the bank at least $144,101,
excluding interest, fees, and costs.
About Advanced Trenchless Inc.
Advanced Trenchless, Inc. provides trenchless sewer, plumbing, and
drain services across Northern California. The company specializes
in hydro jetting, sewer and drain repairs, trenchless
replacements,
and camera inspections. Founded in 1978, it has decades of
experience addressing sewer infrastructure issues with a focus on
non-commission-based, full-service solutions.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-41165) on July 1,
2025. In the petition signed by Ryan Charles, president, the Debtor
disclosed $536,960 in assets and $4,644,613 in liabilities.
Judge Charles Novack oversees the case.
David A. Arietta, Esq., at the Law Offices of David A. Arietta,
represents the Debtor as legal counsel.
Comerica Bank, as secured creditor, is represented by:
Jessica M. Simon, Esq.
Hemar, Rousso & Heald, LLP
15910 Ventura Blvd., 12th Floor
Encino, CA 91436
Telephone: (818) 501-3800
Facsimile: (818) 501-2985
jsimon@hrhlaw.com
AGDP HOLDING: Seeks Chapter 11 Bankruptcy in Delaware
-----------------------------------------------------
On August 4, 2025, AGDP Holding Inc. filed Chapter 11 protection
in the District of Delaware. According to court filing, the Debtor
reports between $100 million and $500 million in debt owed to
50,000 and 100,000 creditors. The petition states funds will be
available to unsecured creditors.
About AGDP Holding Inc.
AGDP Holding Inc. and affiliates operate a multi-space
entertainment venue complex in North America, hosting large-scale
live events such as concerts, festivals, corporate functions, and
multimedia shows. The Debtors are known for their advanced
audiovisual production capabilities, including a 2022 upgrade
featuring one of the world's highest-resolution video walls.
AGDP Holding Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Lead Case No. 25-11446) on August
4, 2025. In its petition, the Debtor reports estimated assets
between $50 million and $100 million and estimated liabilities
between $100 million and $500 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by Sean M. Beach, Esq., Edmon L. Morton,
Esq., Kenneth J. Enos, Esq., S. Alexander Faris, Esq., Sarah
Gawrysiak, Esq., and Evan S. Saruk, Esq. at YOUNG CONAWAY STARGATT
& TAYLOR, LLP. The Debtors' Financial Advisor is TRIPLE P TRS, LLC
and the Debtors' Investment Banker is TRIPLE P SECURITIES, LLC. The
Debtors' Claims & Noticing Agent and Administrative Advisor is
KURTZMAN CARSON CONSULTANTS, LLC d/b/a VERITA GLOBAL.
ALACHUA GOVERNMENT: Taps Jefferies LLC as Investment Banker
-----------------------------------------------------------
Alachua Government Services, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Jefferies
LLC and Jefferies International Limited as investment banker.
The firm's services include:
(a) providing the Company with financial advice and assistance
in connection with a possible sale, disposition or other business
transaction or series of transactions involving all or a material
portion of the Company's real estate or equipment collectively, the
"Real Estate Assets") or any of the Company's royalty rights
(collectively, the "Royalty Rights"), whether directly or
indirectly, in standalone transactions or together with the sale of
other assets of the Company, and through any form of transaction,
including, without limitation, merger, reverse merger, liquidation,
stock sale, asset sale, asset swap, recapitalization,
reorganization, consolidation, amalgamation, spin-off, split-off,
joint venture, strategic partnership, license, a sale under section
363 of the Bankruptcy Code (including any "credit bid" made
pursuant to section 363(k) of the Bankruptcy Code and including
under a plan pursuant to the Bankruptcy Code) or other transaction
(any of the foregoing, an "M&A Transaction");
(b) acting as sole and exclusive investment banker in
connection with any of the following (each, a "Financing"): (i) the
sale and/or placement, whether in one or more public or private
transactions, of (A) common equity, preferred equity, and/or
equity-linked securities of the Company (regardless of whether sold
by the Company or its securityholders), including, without
limitation, convertible debt securities (individually and
collectively, "Equity Securities"), and/or (B) notes, bonds,
debentures and/or other debt securities of the Company, including,
without limitation, mezzanine and asset-backed securities
(individually and collectively, "Debt Securities"), and/or (ii) the
arrangement and/or placement of any bank debt and/or other credit
facility of the Company including debtor-in-possession financing
(individually and collectively, "Bank Debt," and any or a
combination of Bank Debt, Equity Securities and/or Debt Securities,
Instruments"). For the avoidance of doubt, if a Financing is
executed in more than one issuance or tranche, each shall be deemed
to be a Financing for the purposes of the Engagement Letter; and
(c) providing advice and assistance to the Company in
connection with analyzing, structuring, negotiating and effecting,
and acting as exclusive investment banker to the Company in
connection with, any restructuring, reorganization,
recapitalization, repayment or material modification of the
Company's outstanding indebtedness or obligations (including,
without limitation, any preferred equity), however achieved,
including, without limitation, through any offer by the Company
with respect to any outstanding Company indebtedness or
obligations, a solicitation of votes, approvals, or consents giving
effect thereto (including with respect to a plan pursuant to
chapter 11 of the Bankruptcy Code), the execution of any agreement
giving effect to the same, an offer by any third party to convert,
exchange or acquire any outstanding Company indebtedness or
obligations, or any similar balance sheet restructuring involving
the Company (any of the foregoing, a "Restructuring").
The firm will be compensated at these fees:
(a) Monthly Fee. A monthly fee (the "Monthly Fee") equal to
$100,000 per month accruing and payable from May 22, 2025 until the
termination of the Engagement Letter; provided that the Company
agrees to pay Jefferies $200,000 upon the execution of the
Engagement Letter in satisfaction of the Monthly Fees arising and
accrued on May 22, 2025 and June 22, 2025. Each subsequent Monthly
Fee shall be payable on each monthly anniversary following June 22,
2025. Commencing with the fourth full Monthly Fee actually paid
under the Engagement Letter, an amount equal to 50 percent of the
Monthly Fees actually paid to Jefferies shall be credited once,
without duplication, against any Specified M&A Transaction Fee,
Royalty M&A Transaction Fee or Restructuring Fee that subsequently
becomes payable to Jefferies under the Engagement Letter.
(b) M&A Transaction Fee. Upon the consummation of an M&A
Transaction involving any Real Estate Assets (a "Specified M&A
Transaction"), a fee (a "Specified M&A Transaction Fee") equal to 4
percent of that portion of the aggregate Transaction Value (as
defined in the Engagement Letter) for all Specified M&A Transaction
in excess of $10,000,000; provided, the minimum Specified M&A
Transaction Fee paid at the first closing of a Specified M&A
Transaction shall be $500,000 (and shall only be payable once) and
in the event of multiple Specified M&A Transactions, the Specified
M&A Transaction Fee payable at closing of each Specified M&A
Transaction subsequent to the initial Specified M&A Transaction
shall equal the aggregate Specified M&A Transaction Fee calculated
as if all Specified M&A Transactions constituted a single Specified
M&A Transaction less the Specified M&A Transaction Fees actually
paid to Jefferies.
Upon the consummation of an M&A Transaction involving any Royalty
Rights (a "Royalty M&A Transaction"), a fee (a "Royalty M&A
Transaction Fee") equal to 4 percent of that portion of the
aggregate Transaction Value for all such Royalty M&A Transaction in
excess of $40,000,000; provided, the minimum Royalty M&A
Transaction Fee (the "Royalty Minimum Fee") paid at the first
closing of a Royalty M&A Transaction shall be $2,000,000 (and shall
only be payable once) and in the event of multiple Royalty M&A
Transactions, the Royalty M&A Transaction Fee payable at closing of
each Royalty M&A Transaction subsequent to the initial Royalty M&A
Transaction shall equal the aggregate Royalty M&A Transaction Fees
calculated as if all Royalty M&A Transactions constituted a single
Royalty M& Transaction less the Royalty M&A Transaction Fees
actually paid to Jefferies; provided, further, no Royalty Minimum
Fee shall be payable to Jefferies unless and until the Transaction
Value for all Royalty M&A Transactions equals or exceeds
$20,000,000. For the avoidance of doubt, to the extent an M&A
Transaction involves both the Real Estate Assets and the Royalty
Rights, Jefferies shall be entitled to both the Specified M&A
Transaction Fee and Royalty M&A Transaction Fee on account of such
M&A Transaction.
(c) Financing Fee. Promptly upon consummation of a Financing,
a fee (a "Financing Fee") equal to an amount to be determined
according to the following schedule:
-- $2 percent of the aggregate principal amount of any
secured Bank Debt or secured Debt Securities of any Financing;
-- $3.50 percent of the aggregate principal amount of any
Bank Debt or Debt Securities of any Financing not covered by
subsection (g)(i) of the Engagement Letter; and
-- $5 percent of the aggregate gross proceeds received or
to be received from the sale of Equity Securities, including,
without limitation, aggregate amounts committed by investors to
purchase Equity Securities in connection with any Financing.
Notwithstanding the foregoing, the minimum Financing Fee paid at
the first closing of a Financing shall be $500,000 (and shall only
be payable once) and in the event of multiple Financings, the
Financing Fee payable at closing of each Financing subsequent to
the initial Financing shall equal the aggregate Financing Fees
calculated for all Financings less the Financing Fees actually paid
to Jefferies.
(d) Restructuring Fee. Promptly upon the consummation of a
Restructuring where any portion of the Company continues as a going
concern, a fee (a "Restructuring Fee") in an amount equal to
$2,500,000. Additionally, 100 percent of any Specified M&A
Transaction Fees and Royalty M&A Transaction Fees actually paid to
Jefferies shall be credited once, without duplication against any
Restructuring Fee that is subsequently payable to Jefferies under
the Engagement Letter; provided, for the avoidance of doubt, under
no circumstances shall the Restructuring Fee be reduced below
$0.00.
(e) Expense Reimbursement. In addition to any fees that may be
paid to Jefferies under the Engagement Letter, whether or not any
Transaction occurs, the Company will reimburse Jefferies, promptly
upon receipt of an invoice therefor, for all out-of-pocket expenses
(including ancillary expenses and fees and expenses of its counsel
and any other independent experts retained by Jefferies) incurred
by Jefferies and its designated affiliates in connection with the
engagement contemplated under the Engagement Letter.
Michael O'Hara, a managing director at Jefferies, 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 O'Hara
Jefferies LLC
520 Madison Avenue
New York, NY 10022
Telephone: (212) 284-2300
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.
ALEXANDER PLASTICS: Voluntary Chapter 11 Case Summary
-----------------------------------------------------
Debtor: Alexander Plastics, Inc
Creations Global
3845 Grader St. Building 100
Garland, TX 75041
Business Description: Alexander Plastics, Inc., doing business as
Creations Global, manufactures and
distributes plastic products and kiosk
systems from its facility in Garland, Texas.
The Company offers engineered interior
systems, mobile fabrication services, and
VMS hybrid kiosks for retail and commercial
clients. It provides design, prototyping,
and engineering support tailored to custom
specifications, and also supplies wholesale
plastic components to various industries
through direct and contract channels.
Chapter 11 Petition Date: August 6, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-33013
Debtor's Counsel: Frances A. Smith, Esq.
ROSS & SMITH, P.C.
700 N. Pearl Street 1610
Dallas TX 75201
Tel: (214) 593-4976
E-mail: frances-smith@ross-and-smith.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Ben Goldfarb as chairman.
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/GAVSJVA/Alexander_Plastics_Inc__txnbke-25-33013__0001.0.pdf?mcid=tGE4TAMA
ALL AMERICAN: Claims to be Paid from Business Operations
--------------------------------------------------------
All American Holdings LLC and its affiliates filed with the U.S.
Bankruptcy Court for the Middle District of Florida a Joint
Disclosure Statement for the Joint Plan of Reorganization dated
July 30, 2025.
The Debtors are affiliated entities. Dr. Bonati is a prominent
surgeon, and Gulf Coast is one of the corporate entities that was
involved with Dr. Bonati's surgical practice prior to the filing of
the bankruptcy petition.
The Debtors' corporate headquarters are located at 7315 Hudson
Avenue, Hudson, Florida 34667, which they lease. Dr. Bonati resides
at 3700 El Centro, St. Petersburg, Florida, which he owns with his
wife. Prior to the Petition Date, Gulf Coast generated revenue from
the performance of medical and related services.
The Debtors filed their bankruptcy cases in order to preserve the
going concern value of their assets and to restructure their
obligations.
The Debtors believe that distribution to creditors can only be
achieved and maximized through the resumption of business
activities and confirmation of a plan. The Debtors, therefore,
believe that acceptance of a negotiated Plan will be in the best
interest of each and every Class of Claims and Interests and
recommends that the Voting Classes vote to accept the Plan.
The Debtors propose to pay Creditors from future profitable
operations. The Debtors' strong postpetition performances reflects
its ability to make payments under the Plan.
Class 7 consists of all Allowed Unsecured Claims against the
Debtor. Each Holder of an Allowed Unsecured Claim shall receive its
Pro Rata share of the Unsecured Creditor Distribution in full
satisfaction of its Unsecured Claim. The Unsecured Creditor
Distribution will be funded from the net disposable income of the
Reorganized Debtors and their affiliated entities, after payment of
all Secured and Priority Claims. Distributions will be made over
time as agreed at mediation or as proposed by the Debtor. Class 7
is Impaired by the Plan.
The Plan contemplates the resumption of the medical business
operations of Gulf Coast supervised by Bonati. Plan payments will
be funded from revenues derived from these operations.
On the Effective Date, except as otherwise expressly provided in
the Plan, all Property of the Debtors shall revest in the
Reorganized Debtors free and clear of any and all Liens, Debts,
obligations, Claims, Liabilities, Interests, and all other
interests of every kind and nature, except as set forth herein, and
the Confirmation Order shall so provide.
The obligations under the Plan to Holders of contingent,
unliquidated, and Disputed Claims cannot be ascertained without the
determination of the validity and amount of those Claims by the
Bankruptcy Court. Until the Claim determination process is
complete, the exact amount to be received by Unsecured Creditors
cannot be ascertained.
A full-text copy of the Joint Disclosure Statement dated July 30,
2025 is available at https://urlcurt.com/u?l=e6rkCO from
PacerMonitor.com at no charge.
The Debtor's Counsel:
Harry E. Riedel, Esq.
Scott A. Stichter, Esq.
STICHTER, RIEDEL, BLAIN & POSTLER, P.A.
110 E. Madison St., Suite 200
Tampa, FL 33602
Tel: (813) 229-0144
Email: hriedel@srbp.com
About All American Holdings LLC
All American Holdings LLC is a limited liability company.
All American Holdings LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02066) on April
1, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $100,000 and $500,000.
Honorable Bankruptcy Judge Catherine Peek McEwen handles the case.
The Debtor is represented by Harry E. Riedel, Esq. at STICHTER,
RIEDEL, BLAIN & POSTLER, P.A.
AMERIFIRST FINANCIAL: Proposes Global Settlement in Ch. 11 Case
---------------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that bankrupt
mortgage servicer AmeriFirst Financial Inc. has proposed a global
settlement to resolve disputes in its Chapter 11 case, aiming to
end a months-long impasse in the proceedings.
About AmeriFirst Financial
AmeriFirst Financial, Inc., is a mid-sized independent mortgage
company in Mesa, Ariz.
AmeriFirst and its affiliate Phoenix 1040, LLC, filed Chapter 11
petitions (Bankr. D. Del. Lead Case No. 23-11240) on Aug. 24, 2023.
In the petitions signed by T. Scott Avila, chief restructuring
officer, each Debtor disclosed between $50 million and $100 million
in both assets and liabilities.
Judge Thomas M. Horan oversees the cases.
The Debtors tapped Laura Davis Jones, Esq., at Pachulski Stang
Ziehl & Jones, LLP as bankruptcy counsel; and Paladin Management
Group, LLC as restructuring advisor. Omni Agent Solutions, Inc., is
the claims, noticing and administrative agent.
On Sept. 15, 2023, the Office of the United States Trustee
appointed an official committee of unsecured creditors. The
Committee tapped Morris, Nichols, Arsht & Tunnell LLP as its
counsel.
ANCIOM LLC: Unsecureds Will Get 8.69% of Claims over 36 Months
--------------------------------------------------------------
Anciom, LLC filed with the U.S. Bankruptcy Court for the Southern
District of Florida a Plan of Reorganization dated July 30, 2025.
The Debtor operates as a distributor of HVAC products, primarily
focused on the distribution of air conditioning coils and other
components.
In addition to its core distribution activities, the company also
offers ancillary services including protective coating applications
designed to enhance the durability and performance of HVAC
equipment. The Debtor commenced operations in 2020 as a family-run
business founded and managed by Jorge Villanueva and Stefany
Villaneuva, operating initially out of their personal residence.
The Debtor estimates $377,913.09 in general unsecured claims and
$53,760.00 in reclassified claims for a total of $431,673.09 in
general unsecured claims. Through this Plan, the Debtor intends to
restructure these obligations, to remain viable as a going
concern.
This Plan provides for two classes of secured claims, one class of
administrative convenience claims, one class of priority unsecured
claims, one class of general unsecured claims, and one class of
equity security holders claims. General unsecured creditors holding
allowed claims will receive distributions, which the Debtor has
valued at approximately 8.69%. This Plan also provides for the
payment of administrative and priority claims.
The Debtor's financial projections show that the Debtor will have
projected disposable income of $37,500.00. The final Plan payment
is expected to be paid in the fourth quarter of 2028.
Class 5 consists of all allowed general unsecured creditors and
reclassified claims. The Class 5 general unsecured creditors and
claims shall share pro rata in a total distribution of $37,500.00.
Payments to Class 5 creditors will be made on a quarterly basis,
beginning in month 10 and continuing through month 36, in equal
quarterly installments of $4,166.67. The allowed unsecured claims
total $431,673.09.
Unsecured creditors will be receiving a distribution of
approximately 8.69% of their allowed claim(s), which is an amount
in excess of what claimants would receive in a hypothetical Chapter
7 proceeding, in which case such claimants would receive 0.00%.
Class 5 is impaired.
Class 6 consists of Stefany Villanueva ("Equity Security Holders").
Equity Security Holders shall retain their prepetition interests.
The means necessary for the implementation of this Plan include the
Debtor's cash flow from operations for a period of three years and
contributions from the Principals of the Debtor, but only if such
contributions are deemed necessary due to the Debtor
underperforming financially or the temporary need to a cash
infusion.
The Debtor's financial projections show that the Debtor will have
sufficient cash over the life of the Plan to make the required Plan
payments and operate its business The Debtor's financial
projections show that the Debtor will have projected disposable
income for a period of three years (after payment of all amounts
under this Plan, as well as operating expenses) of $37,500.00.
A full-text copy of the Plan of Reorganization dated July 30, 2025
is available at https://urlcurt.com/u?l=mMenlM from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Rachamin Cohen, Esq.
Cohen Legal Services, P.A.
1801 NE 123rd Street, Suite 314
North Miami, FL 33181
Phone: (305) 570-2326
Email: rocky@lawcls.com
About Anciom LLC
Anciom, LLC filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14970) on May 1,
2025, listing between $50,001 and $100,000 in assets and between
$500,001 and $1 million in liabilities. Linda Leali, Esq., serves
as Subchapter V trustee.
Judge Peter D. Russin oversees the case.
Rachamin Cohen, Esq., at Cohen Legal Services, P.A. is the Debtor's
bankruptcy counsel.
Specialty Capital is represented by:
Alan C. Hochheiser, Esq.
Maurice Wutscher, LLP
23611 Chagrin Blvd. Suite 207
Beachwood, OH 44122
Telephone: (216) 220-1129
Facsimile: (216) 472-8510
ahochheiser@mauricewutscher.com
ANTONIO MUNOZ: Voluntary Chapter 11 Case Summary
------------------------------------------------
Debtor: Antonio Munoz Aserradero, LLC
3023 FM 347 N
Rusk TX 75758
Business Description: Antonio Munoz Aserradero, LLC is a Texas-
based company engaged in sawmills and wood
preservation activities.
Chapter 11 Petition Date: August 7, 2025
Court: United States Bankruptcy Court
Eastern District of Texas
Case No.: 25-60480
Debtor's Counsel: Michael E Gazette, Esq.
LAW OFFICES OF MICHAEL E GAZETTE
100 E Ferguson Street Suite 1000
Tyler TX 75702
Tel: (903) 596-9911
Email: megazette@suddenlinkmail.com
Estimated Assets: $50,000 to $100,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Antonio Munoz 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/XZJIPUQ/Antonio_Munoz_Aserradero_LLC__txebke-25-60480__0001.0.pdf?mcid=tGE4TAMA
APOGEE BREWING: Seeks Chapter 11 Bankruptcy in Texas
----------------------------------------------------
On August 4, 2025, Apogee Brewing LLC filed Chapter 11 protection
in the Southern District of Texas. According to court filing, the
Debtor reports between $1 million and $10 million in debt owed to
1 and 49 creditors. The petition states funds will be available to
unsecured creditors.
About Apogee Brewing LLC
Apogee Brewing LLC, doing business as True Anomaly Brewing,
operates a craft brewery and taproom in Houston, Texas. The Company
produces a variety of beers and specializes in small-batch and
barrel-aged offerings.
Apogee Brewing LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34497) on August 4,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Stacey Barnes, Esq. at KEARNEY,
MCWILLIAMS & DAVIS, PLLC.
ARCHDIOCESE OF NEW ORLEANS: Court Sets Nov. Ch. 11 Plan Hearing
---------------------------------------------------------------
Rick Archer of Law360 reports that on Friday, August 8, 2025, a
Louisiana bankruptcy judge authorized the Roman Catholic
Archdiocese of New Orleans to solicit Chapter 11 plan creditor vote
and set a confirmation hearing for November, warning that this
would be the parties' only opportunity to implement the proposal.
About Roman Catholic Church of
The Archdiocese Of New Orleans
The Roman Catholic Church of the Archdiocese of New Orleans --
https://www.nolacatholic.org/ -- is a non-profit religious
corporation incorporated under the laws of the State of Louisiana.
Created as a diocese in 1793, and established as an archdiocese in
1850, the Archdiocese of New Orleans has educated hundreds of
thousands in its schools, provided religious services to its
churches and provided charitable assistance to individuals in
need,including those affected by hurricanes, floods, natural
disasters, war, civil unrest, plagues, epidemics, and illness.
Currently, the archdiocese's geographic footprint occupies over
4,200 square miles in southeast Louisiana and includes eight civil
parishes: Jefferson, Orleans, Plaquemines, St. Bernard, St.
Charles, St. John the Baptist, St. Tammany, and Washington.
The Roman Catholic Church for the Archdiocese of New Orleans sought
Chapter 11 protection (Bankr. E.D. La. Case No. 20-10846) on May 1,
2020. The archdiocese was estimated to have $100 million to $500
million in assets and liabilities as of the bankruptcy filing.
Judge Meredith S. Grabill oversees the case.
Jones Walker, LLP and Blank Rome, LLP, serve as the archdiocese's
bankruptcy counsel and special counsel, respectively. Donlin,
Recano & Company, Inc., is the claims agent.
The U.S. Trustee for Region 5 appointed an official committee of
unsecured creditors on May 20, 2020. The committee is represented
by the law firms of Pachulski Stang Ziehl & Jones, LLP and Locke
Lord, LLP. Berkeley Research Group, LLC is the committee's
financial advisor.
ARCHDIOCESE OF NEW ORLEANS: Unsecureds Will Get 1% of Claims
------------------------------------------------------------
The Roman Catholic Church of the Archdiocese of New Orleans,
Additional Debtors, and the Official Committee of Unsecured
Creditors filed with the U.S. Bankruptcy Court for the Eastern
District of Louisiana a First Amended Disclosure Statement for the
First Amended Plan of Reorganization dated July 30, 2025.
Erected in 1793, and originally known as the Diocese of Louisiana
and the Florida, the Archdiocese of New Orleans was a joint
creation of the king of Spain and the Pope. In 1941, the
Archdiocese was incorporated as a nonprofit corporation under the
laws of the State of Louisiana.
Since 1977, the Archdiocese operates in the following eight civil
parishes in the metropolitan New Orleans area, covering 4,208
square miles (the "Region"): Jefferson; Orleans; Plaquemines; St.
Bernard; St. Charles; St. John the Baptist; St. Tammany; and
Washington.
The Debtor directly owns and operates the following schools
(collectively, the "Archdiocesan Schools"): (a) the Academy of Our
Lady High School (located in Marrero); (b) Archbishop Chapelle High
School (located in Metairie); (c) Archbishop Hannan High School
(located in Covington); (d) Archbishop Rummel High School (located
in Metairie); (e) Archbishop Shaw High School (located in Marrero);
(f) Pope John Paul II High School (located in Slidell); (g) St.
Charles Catholic High School (located in LaPlace); (h) St.
Scholastica Academy (located in Covington); and (i) St. Michael
Special School for Exceptional Children (located in New Orleans).
Under the Joint Plan, the Affordable Housing Facilities will be
sold, and the net proceeds of the sale, if a sale is achieved, will
fund the Settlement Trust. The sale of the Affordable Housing
Facilities is being conducted by Newmark Affordable Housing
Advisors as broker and [] as Independent Financial Advisor. Newmark
has prepared marketing materials and is expecting bids in July and
August 2025. Any sale of Christopher Homes will likely close in
2026.
Proceeds from the sale of the Affordable Housing Facilities will be
distributed as follows: (i) first $23 million in proceeds from the
sale will be paid to the applicable Debtor, Reorganized
Archdiocese, Additional Debtors, and Reorganized Additional
Debtors; and (ii) the next $33 million in proceeds will be paid to
the Settlement Trust. From the first $23 million in proceeds, $20
million will be used to repay the Settlement Trust Promissory Note.
Proceeds exceeding $56 million will be divided between the
Settlement Trust, the applicable Debtor, Reorganized Archdiocese,
Additional Debtors, and Reorganized Additional Debtors.
General Unsecured Claims and Unsecured Trade Claims in Class 7.
Based on the Debtor's Schedules and the Proofs of Claim, the Debtor
estimates that the General Unsecured Claims and Unsecured Trade
Claims total approximately $1.4 million, excluding unliquidated
Non-Abuse Personal Injury Claims treated in Class 8 at section 4.8
of the Joint Plan. The General Unsecured Claims and Unsecured Trade
Claims are treated in Class 7 at Section 4.7 of the Joint Plan.
This section provides holders of General Unsecured Claims will be
paid 1% of the value of their Claim with the right to elect to have
their Claim treated as a Convenience Claim, which will be paid in
full up to a cap of $50,000. These Claims are not paid by the
Settlement Trust.
The primary purpose of the Joint Plan is to create a Settlement
Trust for the payment of Abuse Claims. Non-Abuse Claims are NOT
paid by the Settlement Trust. The Settlement Trust will be overseen
by the Settlement Trustee, an independent third party. The Joint
Plan also provides for the appointment of an Abuse Claims Reviewer,
another independent third party, who evaluates Abuse Claims for the
purpose of allocating payments from the Settlement Trust. The
Settlement Trust will be funded with cash contributions from the
Archdiocese, the Additional Debtors, the Non-Debtor Catholic
Entities, and the Settling Insurers; proceeds from the sale of the
Affordable Housing Facilities; and future contributions from the
Archdiocese and Additional Debtors through payment of a promissory
note.
Under the Joint Plan, the Settlement Trust will be funded with a
minimum of $179,275,000 with funding likely to exceed $210,000,000
excluding any settlement with the Non-Settling Insurer. To assist
Abuse Claimants in understanding the Joint Plan, the Survivors'
Committee has prepared a letter to Abuse Claimants (the "Survivors'
Committee Letter"), which is provided to Abuse Claimants along with
this Disclosure Statement. The contributions to the Joint Plan come
from the Archdiocese, the Additional Debtors, the Non-Debtor
Catholic Entities, and the Settling Insurers:
* The Joint Plan Contributions. The contributions to the
Settlement Trust are set forth in the Joint Plan. The Archdiocese,
the Additional Debtors, the Non-Debtor Catholic Entities, and the
Settling Insurers have agreed to the following contributions:
-- On the Effective Date, the Archdiocese, the Additional
Debtors, and the Non-Debtor Catholic Entities will transfer Cash in
the amount of $130,000,000 through 1793 Group to the Settlement
Trust.
-- On or near the Effective Date, the Settling Insurers will
transfer $29,275,0003 into the Settlement Trust, which will be
allocated to Abuse Claimants who sign an Abuse Claim Release and
Certification. The exact amount of each Settling Insurer's
contribution is set forth in Section 5.3(b) of the Joint Plan.
-- On the Effective Date, the Archdiocese and the Additional
Debtors will enter into a fouryear Settlement Trust Promissory Note
in the amount of $20,000,000 with the Settlement Trust as payee.
The first payment under the Settlement Trust Promissory Note will
be due on July 1, 2026. The Settlement Trust Promissory Note may be
paid more quickly through sale proceeds.
-- The Affordable Housing Entities will sell the Affordable
Housing Facilities identified on Plan Exhibit I and commonly known
as the Christopher Homes. The sale of the Affordable Housing
Facilities is being conducted by Newmark Affordable Housing
Advisors as broker and an Independent Financial Advisor, who will
be selected in the near future. Newmark has prepared marketing
materials and is expecting bids in July and August 2025. Any sale
of Christopher Homes will likely close and fund in 2026. Net
proceeds4 from the sale of the Affordable Housing Facilities will
be distributed as follows: (i) first $23 million in net proceeds
from the sale will be paid to the applicable Debtor, Reorganized
Archdiocese, Additional Debtors, and Reorganized Additional
Debtors; and (ii) the next $33 million in net proceeds will be paid
to the Settlement Trust. From the first $23 million in net
proceeds, $20 million will be used to repay the Settlement Trust
Promissory Note. Net proceeds exceeding $56 million will be divided
between the Settlement Trust, the applicable Debtor, Reorganized
Archdiocese, Additional Debtors, and Reorganized Additional
Debtors. The Parties estimate, based on preliminary broker value
analysis, that net sale proceeds will be available to fund the
Settlement Trust in a range of approximately $30,904,000 to
$55,924,000. Of course, a lower or higher recovery is possible
depending on sale outcomes.
-- On the Effective Date, the transfer and vesting of rights
related to the Non-Settling Insurers' Policies will be transferred
to the Settlement Trust, as set forth in Section 7.2 of the Joint
Plan.
-- The Archdiocese and Additional Debtors have agreed to
certain additional consideration including the Non-Monetary Plan
Provisions, payment of Abuse Claims Reviewer Fees, and other
consideration set forth in the Joint Plan.
-- The transfer of rights of the Archdiocese and the
Additional Debtors to the Settlement Trust constitutes significant
additional consideration that will be received by the Abuse
Claimants, particularly the value of assigned rights against Non
Settling Insurers.
The Survivors' Committee, the Archdiocese, and the Additional
Debtors have agreed to Non-Monetary Plan Provisions to Foster Child
Safety and Prevent Child Sexual Abuse attached to the Joint Plan.
Performance of the Non-Monetary Plan Provisions will provide
improvements to the Archdiocese's child protection policies and
transparency regarding past abuse by creating a public archive of
abuse-related documents. The NonMonetary Plan Provisions also
include a Survivor Bill of Rights to provide a clear, predictable
process for the handling of future abuse claims.
Distributions to Creditors holding Claims that are not Abuse Claims
(the "Non-Abuse Claims") will be paid under the Joint Plan by the
Reorganized Debtor and Reorganized Additional Debtors from their
remaining assets after funding the Settlement Trust. Creditors
holding Non-Abuse Claims will not be entitled to any recovery from
the Settlement Trust. The Reorganized Debtor and Reorganized
Additional Debtors reserve the right to object to any Non-Abuse
Claim.
A full-text copy of the First Amended Disclosure Statement dated
July 30, 2025 is available at https://urlcurt.com/u?l=4XJ73B from
Donlin, Recano & Company, Inc., claims agent.
Counsel to the Roman Catholic Church of the Archdiocese of New
Orleans:
JONES WALKER LLP
R. Patrick Vance, Esq.
Elizabeth J. Futrell, Esq.
Mark A. Mintz, Esq.
Samantha A. Oppenheim, Esq.
201 St. Charles Avenue, 51st Floor
New Orleans, LA 70170
Telephone: (504) 582-8000
Facsimile: (504) 589-8260
Email: pvance@joneswalker.com
efutrell@joneswalker.com
mmintz@joneswalker.com
soppenheim@joneswalker.com
Counsel to the Additional Debtors:
HELLER, DRAPER, & HORN, L.L.C.
Douglas S. Draper, Esq.
Greta S. Brouphy, Esq.
Michael E. Landis, Esq.
650 Poydras Street, Suite 2500
New Orleans, Louisiana 70130
Telephone: 504-299-3300
Facsimile: 504-299-3399
E-mail: ddraper@hellerdraper.com
gbrouphy@hellerdraper.com
mlandis@hellerdraper.com
Counsel to the Official Committee of Unsecured Creditors:
PACHULSKI STANG ZIEHL & JONES LLP
James I. Stang, Esq.
Iain A.W. Nasatir, Esq.
Andrew W. Caine, Esq.
Karen B. Dine, Esq.
10100 Santa Monica Blvd., Ste. 1300
Los Angeles, CA 90067
Telephone: (310) 277-6910
Facsimile: (310) 201-0760
Email: jstang@pszjlaw.com
inasatir@pszjlaw.com
acaine@pszjlaw.com
kdine@pszjlaw.com
TROUTMAN PEPPER LOCKE LLP
Omer F. Kuebel, III, Esq.
Bradley C. Knapp, Esq.
601 Poydras Street, Suite 2660
New Orleans, Louisiana 70130-6036
Telephone: (504) 558-5210
Facsimile: (504) 910-6847
Email: rkuebel@lockelord.com
TROUTMAN PEPPER LOCKE LLP
W. Steven Bryant, Esq.
300 Colorado Street, Ste. 2100
Austin, Texas 78701
Telephone: (512) 305-4726
Facsimile: (512) 305-4800
Email: steven.bryant@troutman.com
About Roman Catholic Church of
The Archdiocese Of New Orleans
The Roman Catholic Church of the Archdiocese of New Orleans --
https://www.nolacatholic.org/ -- is a non-profit religious
corporation incorporated under the laws of the State of Louisiana.
Created as a diocese in 1793, and established as an archdiocese in
1850, the Archdiocese of New Orleans has educated hundreds of
thousands in its schools, provided religious services to its
churches and provided charitable assistance to individuals in
need,including those affected by hurricanes, floods, natural
disasters, war, civil unrest, plagues, epidemics, and illness.
Currently, the archdiocese's geographic footprint occupies over
4,200 square miles in southeast Louisiana and includes eight civil
parishes: Jefferson, Orleans, Plaquemines, St. Bernard, St.
Charles, St. John the Baptist, St. Tammany, and Washington.
The Roman Catholic Church for the Archdiocese of New Orleans sought
Chapter 11 protection (Bankr. E.D. La. Case No. 20-10846) on May 1,
2020. The archdiocese was estimated to have $100 million to $500
million in assets and liabilities as of the bankruptcy filing.
Judge Meredith S. Grabill oversees the case.
Jones Walker, LLP and Blank Rome, LLP, serve as the archdiocese's
bankruptcy counsel and special counsel, respectively. Donlin,
Recano & Company, Inc., is the claims agent.
The U.S. Trustee for Region 5 appointed an official committee of
unsecured creditors on May 20, 2020. The committee is represented
by the law firms of Pachulski Stang Ziehl & Jones, LLP and Locke
Lord, LLP. Berkeley Research Group, LLC is the committee's
financial advisor.
ARIS WATER: S&P Places 'B+' ICR on 'B+ CreditWatch Positive
-----------------------------------------------------------
S&P Global Ratings placed its 'B+' issuer credit and 'B+'
issue-level ratings on Aris Water Solutions Inc. on CreditWatch
positive.
The CreditWatch placement reflects the likelihood that S&P will
raise the ratings after the acquisition closes in the fourth
quarter of 2025.
On Aug. 6, 2025, Western Midstream Operating L.P. announced it
executed a definitive agreement to acquire all outstanding shares
of Aris Water Solutions Inc. in an equity and cash transaction
valued at approximately $1.5 billion.
S&P said, "We placed our ratings on Aris on CreditWatch with
positive implications to reflect the likelihood that we will raise
the ratings following close of its acquisition by Western Midstream
Operating L.P."
ASCEND PERFORMANCE: Taps Deloitte as Tax Advisory Services Provider
-------------------------------------------------------------------
Ascend Performance Materials Holdings Inc. and its affiliates seek
approval from the U.S. Bankruptcy Court for the Southern District
of Texas to employ Deloitte Tax LLP as tax advisory services
provider.
The firm will render these services:
(a) provide services to the Debtors in connection with their
debt restructuring;
(b) (i) prepare the global tax returns for tax years 2022,
2023, and 2024, (ii) assist in calculating estimated tax payments
to the Global Compliance Services SOW, and (ii) perform consulting
services, as requested by the Debtors and agreed to by Deloitte
Tax;
(c) prepare the 2022-2024 federal and state income tax returns
and assist in calculating the amounts of extension payments and
preparing extension requests for the aforementioned tax returns;
(d) provide tax advisory services for the Debtors as they
undertake an assessment of the Internal Revenue Code (IRC) Section
48C qualifying advanced energy project credit for their select
proposed project at their U.S. facility, which will be mutually
agreed upon between Deloitte Tax and the Debtors;
(e) provide tax orientations, federal and state tax return
preparation and other tax services to current and former employees
and contractors considering international assignments or other
relocations, as identified by the Debtors, for the 2023 and 2024
tax years;
(f) assist in documenting certain intercompany transactions
between the Debtors and their affiliates during fiscal year 2024
and analyzing such transactions subject to IRC Section 482 and
based on certain standards related to transfer pricing; and
(h) will assist the Debtors with the restructuring of their
European operations.
Tax Restructuring Statement of Work (SOW) fees rates per hour:
Washington National Tax/Specialist $948
Partner/Principal/Managing Director $900
Senior Manager $848
Manager $796
Senior Staff $680
Staff $596
Global Compliance Services SOW fees rates per hour:
Washington National Tax/Specialist $1,100
Washington National Tax Managing Director $810
Partner/Principal/Managing Director $610
Senior Manager $485
Manager $390
Senior Staff $300
Staff $230
Tax Compliance SOW fixed fee for tax years:
(a) Tax Year 2022 $268,875
(b) Tax Year 2023 $275,500
(c) Tax Year 2024 $282,000
If additional tax returns are required, or other unanticipated out
of scope services are requested by the Debtors, Deloitte Tax will
bill the Debtors based on the amount of professional time required
and the experience level of the professionals involved, as
follows:
Washington National Tax/Specialist $1,100
Washington National Tax Managing Director $810
Partner/Principal/Managing Director $610
Senior Manager $485
Manager $390
Senior Staff $300
Staff $230
Pursuant to the terms of the IRC Section 48C SOW, Deloitte Tax will
bill the Debtors based on the amount of professional time required
and the experience level of the professionals involved, as
follows:
Phase I - Preliminary Analysis and Concept Paper $60,000
Phase II - Application and Certification Assistance $175,000
$250,000
Phase III - Documentation Assistance $75,000
- $250,000
Phase IV - Ad Hoc Tax Consulting:
Partner/Principal/Managing Director $830
Senior Manager $689
Manager $647
Senior Staff $510
Staff $410
Pursuant to the terms of the Second IRC Section 48C SOW, Deloitte
Tax will bill the Debtors on a fixed fee basis, as follows:
Phase I - Concept Paper $45,000 - $60,000
Phase II - Application Assistance $175,000 - $250,000
Pursuant to the terms of the GES Services SOW, Deloitte Tax will
bill the Debtors on a fixed fee basis in the aggregate amount of
approximately $58,241.
Pursuant to the terms of the Transfer Pricing SOW, Deloitte Tax
will bill the Debtors on a fixed fee basis for the tax services
performed, as follows:
(a) Transfer Pricing Documentation Reports - $51,750:
(i) Ascend-U.S.
(ii) Ascend-U.S. Branch
(b) Transfer Pricing Documentation Reports - $45,000:
(i) Ascend-Netherlands (Local Review)
(ii) Ascendd-Belgium
(iii) Ascend-France
(iv) Ascend-Singapore
(c) Transfer Pricing Services - $37,615:
(i) Ascend-India
(ii) Ascend-Italy
(c) OECD Master File - $15,000
(i) Ascend Group
(d) Global Benchmarking Memorandum - $35,000
(i) Ascend Group
Pursuant to the terms of the Project Lambert SOW, Deloitte Tax
estimates that it will bill the Debtors as follows based on
estimates of hours and hourly rates:
Feasibility Analysis - $160,000
Detailed Step Plan Design - $325,000
Implementation Assistance - $325,000
Post-Implementation Assistance - $50,000
In addition, the firm will seek reimbursement from the expenses
incurred.
Prior to the petition date, the firm received three retainer
payments totaling $900,000.
Rupesh Vadapalli, a partner at Deloitte Tax, 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:
Rupesh R. Vadapalli
Deloitte Tax LLP
1111 Bagby Street, Suite 4500
Houston, TX 77002
About Ascend Performance Materials
Ascend Performance Materials Holdings Inc. and its affiliates are
one of the largest, fully-integrated producers of nylon, a plastic
that is used in everyday essentials like apparel, carpets, and
tires, as well as new technologies like electric vehicles and solar
energy systems. Ascend's business primarily revolves around the
production and sale of nylon 6,6 (PA66), along with the chemical
intermediates and downstream products derived from it. Common
applications of PA66 include heating and cooling systems, air bags,
batteries, and athletic apparel.
Headquartered in Houston, Texas, Ascend has a global workforce of
approximately 2,200 employees and operates 11 manufacturing
facilities that span the United States, Mexico, Europe, and Asia.
Ascend and its affiliates filed petitions under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Tex. Lead Case No.
25-90127) on April 21, 2025, with $1 billion to $10 billion in both
assets and liabilities. Robert Del Genio, chief restructuring
officer, signed the petitions.
Judge Christopher M. Lopez presides over the cases.
The Debtors tapped Bracewell, LLP, Kirkland & Ellis, LLP and
Kirkland & Ellis International, LLP as bankruptcy counsel; PJT
Partners, Inc. as investment banker; FTI Consulting, Inc. as
restructuring advisor; and Deloitte Tax LLP as tax advisory
services provider.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
ASSURE AFFORDABLE: Case Summary & Six Unsecured Creditors
---------------------------------------------------------
Debtor: Assure Affordable Homes, Inc.
14471 Livernois, Suite R
Detroit, MI 48238
Business Description: Assure Affordable Homes specializes in
third-party real estate management and
provides professional property appraisal
services.
Chapter 11 Petition Date: August 7, 2025
Court: United States Bankruptcy Court
Eastern District of Michigan
Case No.: 25-47953
Judge: Hon. Mark A Randon
Debtor's Counsel: Alexander J. Berry-Santoro, Esq.
MAXWELL DUNN PLC
2937 E. Grand Blvd.
Suite 308
Detroit, MI 48202
Tel: (248) 246-1166
E-mail: aberrysantoro@maxwelldunnlaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Lavara Berry as authorized officer.
A full-text copy of the petition, which includes a list of the
Debtor's six unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/WV33THI/Assure_Affordable_Homes_Inc__miebke-25-47953__0001.0.pdf?mcid=tGE4TAMA
ASTRO ACQUISITION: Fitch Assigns 'B' LongTerm IDR, Outlook Stable
-----------------------------------------------------------------
Fitch Ratings has assigned Astro Acquisition, LLC (dba Cooper
Machinery Services [Cooper]) a Long-Term Issuer Default Rating
(IDR) of 'B'. Fitch has also assigned Cooper's planned senior
secured Term Loan and revolver a 'B+' rating with a Recovery Rating
of 'RR3'. Term loan proceeds will be used to refinance existing
debt and pay dividends. The Rating Outlook is stable.
Cooper's 'B' rating reflects its strong position as a provider of
proprietary aftermarket parts and maintenance services for a large
installed base of natural gas infrastructure. This position
generates highly recurring revenue, strong profitability, and
considerable financial flexibility, including Fitch-forecasted
annual FCF of $35 million-$45 million. However, the rating is
constrained by Cooper's small scale, limited end-market
diversification, and EBITDA interest coverage in the low-2x range
following debt-funded dividends. Fitch expects Cooper's entrenched
and stable market position, enhanced by tuck-in acquisitions and
growing market share, will gradually improve credit metrics.
Key Rating Drivers
Mission-Critical Aftermarket Business: Cooper generates about 98%
of its revenue from its aftermarket business, where demand is often
non-discretionary, non-deferrable, and inelastic. Gas transmission
networks require engines and compressors to operate continuously
and reliably, which require regular maintenance. Maintenance costs
are usually lower than replacement costs over the equipment's life,
strengthening Cooper's position particularly within its installed
base.
Vertical Integration as a Competitive Advantage: Cooper's original
equipment manufacturing (OEM) capabilities are a competitive
advantage. Its strong profitability is supported by aftermarket
part sales and upgrades, with shop repairs and field services
enhancing the overall value proposition within Cooper's vertically
integrated service offering.
High Barriers to Entry: Cooper's proprietary rights and
mission-critical products secure its position in a captive market.
The risk of reverse-engineered parts by competitors is mitigated by
over 200 patents and by the high cost of untested parts failure and
warranty issues that leads to low customer turnover, further
supported by Cooper's long-established installed base of over
10,000 own-make units. Cooper can also growth by supplying parts
and services for equipment made by other OEMs.
Limited End-Market Diversification: Cooper serves only compressors
and engines in the mature natural gas infrastructure industry. Its
growth mainly depends on expanding its customer base during major
overhauls or emission-related upgrades. Fitch considers Cooper's
growth potential is somewhat limited. However, Cooper is
well-diversified within the industry, with a large portfolio of
proprietary and mission-critical parts of over 55,000 SKUs
(including less critical third-party parts) and over 600 customers
globally. Its top 10 customers, with average tenure relationships
of around 45 years contributed around 40% of 2024 revenue.
Strong Profitability and FCF: Fitch expects Cooper to generate
EBITDA margins in the low-30% range and pre-dividend FCF margin in
the high single- to low double-digit range during 2025-2028.
Cooper's profitability benefits from its proprietary,
mission-critical products and the improvement in its operating
leverage as it expands its presence into other non-Cooper installed
bases through upgrades. Cooper's financial flexibility is strong
for a 'B' rating and provides deleveraging capacity. Fitch
recognizes that acquisitions could enhance service and capability
offerings, further strengthening its cash flow profile.
Debt-funded Dividends Drive 'B' Metrics: Fitch expects Cooper's
EBITDA leverage and EBITDA interest coverage to be close to 6x and
in the low-2x range respectively, after refinancing and dividend
payment of around $250 million. . Fitch forecasts EBITDA leverage
to gradually improve to the mid-5x range in 18-24 months. Credit
facilities are covenant-light and accommodate its high leverage.
Fitch views Cooper's capital allocation policy as key determinant
of its 'B' rating. Profitability improvement, using FCF to reduce
debt or execute strategic and margin-accretive acquisitions is
supportive of credit, while a continuation of shareholder returns
could remain a rating constraint.
Peer Analysis
Cooper's strong cash flow profile, supported by its highly
defensible market position, is comparable to peers in the
Diversified Industrials space, such as Arxis co-borrowers
(B+/Stable), Signia Aerospace, LLC (B+/Stable), and WEC US Holdings
Ltd (B+/Stable). Cooper's profitability is on par with Arxis
co-borrowers, but its smaller scale, limited end-market
diversification, and weaker coverage metrics explain the one-notch
differential.
Cooper's stronger aftermarket exposure than Signia is more than
offset by its weaker FCF margin, resulting in Cooper's rating being
one notch lower than Signia's. Cooper's stronger profitability than
that of WEC US is more than offset by its weaker market position
and higher leverage, explaining the one-notch difference.
Key Assumptions
- Organic revenue grows by low- to mid-single digits annually over
the forecasted period;
- EBITDA margins in the low-30% range over the forecast horizon;
- The company pursues bolt-on M&A that are margin-supportive, on an
opportunistic basis;
- No dividends to the sponsor over the next few years.
Recovery Analysis
Key Recovery Rating Assumptions
- The recovery analysis assumes that Cooper would be reorganized as
a going-concern (GC) in bankruptcy rather than liquidated;
- Fitch has assumed a 10% administrative claim.
GC Approach
The GC EBITDA estimate reflects Fitch's view of a sustainable,
post-reorganization EBITDA level upon which Fitch bases the
enterprise valuation. The $90 million GC EBITDA assumes degraded
relationships and the corresponding loss of its top three
customers. Fitch assumes revenue falls by 21.8% and EBITDA margin
deteriorates to 30%.
An enterprise valuation multiple of 6.0x EBITDA is applied to the
GC EBITDA to calculate a post-reorganization enterprise value. The
multiple considers the company's proprietary, mission-critical, and
vertically integrated product offering, entrenched market position
with high barriers to entry and the meaningful value derived from
its decades-long relationship with customers, as well as valuation
multiples for other comparable companies in the sector.
The RCF is assumed to be fully drawn. The secured credit facility
and term loan are pari passu and receive equal priority in the
distribution of value in the recovery waterfall. The recovery
rating analysis results in a 'B+'/'RR3' recovery for the secured
debt.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Weakening profitability and cash flow profile, leading to EBITDA
coverage below 2.0x and (CFO-capex)/debt below 2.5% for a sustained
period;
- Shift to a more aggressive financial policy or acquisition
strategy, leading to EBITDA leverage sustained above 6.5x;
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Improved financial profile, leading to EBITDA coverage above 2.5x
and (CFO-capex)/debt above 5% for a sustained period;
- Demonstrated commitment to financial policy, supporting EBITDA
leverage maintained below 5.0x;
- Increased market share, driven by successful penetration into
other non-Cooper installed base.
Liquidity and Debt Structure
Post-refinancing, Cooper's debt structure will be consisted of a
$120 million senior secured revolver (undrawn) and a $700 million
senior secured term loan B. The term loan will amortize at 1% per
annum and mature in 2032.
Issuer Profile
Astro Acquisition, LLC (dba Cooper Machinery Services) is a
proprietary aftermarket parts and services provider in the natural
gas transmission industry, based in Houston, TX.
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
----------- ------ --------
Astro Acquisition, LLC LT IDR B New Rating
senior secured LT B+ New Rating RR3
AT HOME: Creditors' Committee Slams Chapter 11 Plan Disclosures
---------------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that the
unsecured creditors' committee in At Home Group's Chapter 11 case
has opposed the retailer's proposed plan disclosure statement,
claiming it presents an unconfirmable plan that violates the
Bankruptcy Code.
The Troubled Company Reporter previously reported that the Debtors
filed with the U.S. Bankruptcy Court for the District of Delaware a
Disclosure
Statement relating to the Joint Plan of Reorganization dated July
29, 2025.
At Home is a home décor and furnishings brand that offers its
customers a broad assortment of everyday and seasonal products for
any room in the home. At Home's merchandise is sold to its
millions
of customers through its approximately 260 large format retail
locations across 40 states and the Company's e-commerce website.
In the months leading up to the Petition Date, the Company engaged
in good faith arm's-length negotiations that included extensive
diligence and meetings with the Ad Hoc Group. As a result of those
negotiations, on June 16, 2025, the Debtors entered into an RSA
with the Ad Hoc Group and other lenders and noteholders that
collectively hold approximately 96% of the Company's first lien
debt, pursuant to which the Debtors are effectuating the
Restructuring Transactions through "prearranged" Chapter 11 Cases.
The key terms of the RSA, which are incorporated into the Plan,
include:
* the Debtors' entry into financing arrangements to provide
funding throughout the duration of these Chapter 11 Cases in the
form of (a) a priming superpriority senior secured debtor-in
possession financing multi-draw term loan (the "DIP Facility")
comprised of a $200 million new money commitment and a $400
million
roll-up of the Pari First Lien Obligations (as defined in the DIP
Orders) and (b) the consensual use of cash collateral;
* the conversion of Allowed Superpriority DIP Claims into 98%
of the Reorganized Common Stock upon emergence from the Chapter 11
Cases subject to dilution by the MIP Shares;
* each Holder of an ABL Facility Claim receiving payment in
full;
* each Holder of an Allowed Secured Claim arising out of its
Allowed First Lien Claim receiving its Pro Rata Share of the First
Lien Equity Distribution comprised of all remaining Reorganized
Common Stock after giving effect to the DIP Equity Conversion
(subject to dilution by the MIP Shares);
* each Holder of an Allowed General Unsecured Claim receiving
its pro rata share of $[â—];
* the cancellation of Existing Equity Interests;
* funding for plan distributions in the form of a new, exit
asset-based loan facility to be entered into by the Reorganized
Debtors on the Effective Date; and
* the adoption of the Management Incentive Plan by the New
Board within 90 days of the Effective Date, which will provide up
to 10% of the Reorganized Equity for management and the New Board.
The RSA provides for repayment of each Allowed Superiority DIP
Claim in full with Reorganized Equity in the amount of its pro
rata
share of the DIP Equity Conversion (subject to dilution on account
of the MIP Shares). All remaining Reorganized Equity after giving
effect to the DIP Equity Conversion, shall be valued at the
midpoint provided in the Valuation Analysis, distributed pro rata
to holders of Allowed First Lien Claims on account of their
Allowed
Secured Claims in respect thereof, and was used to calculate the
projected recoveries with respect to the Allowed Secured Claims
arising out of the Allowed First Lien Claims.6 As discussed
further
in Article III.B of Plan, Holders of an Allowed First Lien Claim,
shall have a First Lien Deficiency Claim for the amount remaining
after accounting for the recovery on account of the Allowed
Secured
Claim arising out of their Allowed First Lien Claim.
Class 9 consists of General Unsecured Claims. Except to the extent
that a Holder of an Allowed General Unsecured Claim agrees to less
favorable treatment of its Allowed General Unsecured Claim, in
full
and final satisfaction, settlement, release, and discharge of each
Allowed General Unsecured Claim, on the Effective Date, each
Holder
of any Allowed General Unsecured Claim shall receive its Pro Rata
Share of $[â—]; provided that the recovery under the Plan of
such
Holder of an Allowed General Unsecured Claim that is also an
Intercompany Note Claim shall be payable to the indenture trustee
and collateral agent for the Cayman Notes for distribution to the
Holders of the Allowed Cayman Notes Claims in accordance with the
documents governing the Cayman Notes only until such Cayman Notes
are repaid in full.
The allowed unsecured claims total $1,375,000,000.00. The
Disclosure Statement still has blanks as to the estimated allowed
amount and percentage recovery for holders of unsecured claims.
The Debtors and the Reorganized Debtors, as applicable, shall fund
distributions under the Plan with: (1) the Debtors' Cash on hand
as
of the Effective Date; (2) the proceeds of the Exit ABL Facility;
and (3) the Reorganized Equity. Each distribution and issuance
referred to in the Plan shall be governed by the terms and
conditions set forth in the Plan applicable to such distribution
or
issuance and by the terms and conditions of the instruments or
other documents evidencing or relating to such distribution or
issuance, which terms and conditions shall bind each Entity
receiving such distribution or issuance.
A full-text copy of the Disclosure Statement dated July 29, 2025
is
available at https://urlcurt.com/u?l=xCDzri from Omni Agent
Solutions, Inc.
About At Home Group Inc.
At Home Group Inc. is a home decor and furnishings retailer
offering a wide range of everyday and seasonal products for all
areas of the home. The Company operates 260 large-format stores
across 40 U.S. states and an e-commerce platform. Headquartered in
Coppell, Texas, At Home was founded in 1979 and employs 7,170
people.
On June 16, 2025, At Home announced it entered a Restructuring
Support Agreement (RSA) with certain of its lenders, which will
eliminate substantially all of its long-term debt and provide the
Company with new financial resources to support the business and
position At Home for future success.
To implement the terms of the RSA, At Home and 41 of its
subsidiaries have commenced voluntary Chapter 11 proceedings in
Delaware (Bankr. D. Del. Lead Case No. 25-11120). The proceedings
are pending before Judge J. Kate Stickles.
In connection with this process, At Home is entering into an
agreement for $600 million in debtor-in-possession financing, which
includes a $200 million capital infusion from certain of its
existing lenders and a "roll up" of $400 million of existing senior
secured debt.
The Debtors tapped Kirkland & Ellis LLP as restructuring counsel;
Young Conaway Stargatt & Taylor, LLP, as Delaware restructuring
counsel; AlixPartners LLP as financial advisor; and PJT Partners,
Inc., as investment banker. Omni Agent Solutions, Inc., is the
claims agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
ATLANTIC NATURAL: Court OKs Food Equipment Sale to Moody Dunbar
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Louisiana has
approved Atlantic Natural Foods LLC to sell Property, free and
clear of liens, claims, and encumbrances.
The Debtor is a Delaware limited liability company and is a
producer of plant-based foods with a family of brands that include
Loma Linda, TUNO, and Kaffree Roma.
Details and description of the Property can be found at:
https://urlcurt.com/u?l=BtBTk3
The Court has authorized the Debtor to sell the Property to o Moody
Dunbar, Inc. for $94,200.00.
The Court held that the Purchaser is a good faith purchaser of the
Property being sold to it and is hereby granted and is entitled to
all of the protections provided to a good faith purchaser under 11
U.S.C. Section 363(m).
The Property shall be sold free and clear of all liens, claims,
encumbrances, mortgages and judgments upon payment of the Net Sale
Proceeds to Comerica.
The Comerica Lien shall attach to the net sale proceeds from the
sale of the Property which consist of the gross sale proceeds of
$94,200.00, minus (a) the professional fees incurred in connection
with the sale of the property in the amount of $13,000.00 and (b)
five percent broker fees in the amount of $4,710.00, for net sale
proceeds in the amount of $76,490.00. The Net Sale Proceeds shall
be paid to Comerica at
the closing of the sale to reduce its indebtedness, in accordance
with the loan documents between
the Debtor and Comerica.
The Order shall be effective and enforceable immediately upon
entry and its provisions shall be self-executing.
About Atlantic Natural Foods LLC
Atlantic Natural Foods, LLC sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. La. Case No. 25-10676) on
April 7, 2025, listing between $10 million and $50 million in
assets and between $1 million and $10 million in liabilities. J.
Douglas Hines, manager, signed the petition.
Judge Meredith S. Grabill oversees the case.
The Debtor tapped Tristan Manthey, Esq., at Fishman Haygood, LLP as
counsel and Malcom M. Dienes LLC as accountant.
BALL CORP: S&P Rates New $750MM Senior Unsecured Notes 'BB+'
------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issue-level rating and '3'
recovery rating to Ball Corp.'s (BB+/Stable) proposed $750 million
senior unsecured notes due 2033. The '3' recovery rating indicates
its expectation for meaningful (50%-70%; rounded estimate: 65%)
recovery in the event of a default.
The company intends to use the net proceeds from this offering,
together with cash on hand, for general corporate purposes, which
may include the refinancing or repayment of debt (including
upcoming debt maturities and callable debt), potential investments
in strategic alliances and acquisitions, working capital, pension
contributions, or capital expenditures.
Prior to using these proceeds for such purposes, Ball intends to
repay the outstanding borrowings under its dollar-denominated
revolver, which had $700 million of outstanding borrowings as of
July 31, 2025. The new notes will rank pari passu with the
company's existing senior unsecured notes. S&P expects the company
will continue to operate with S&P adjusted debt leverage in the mid
to low 3x area.
BESPOKE CONSTRUCTION: Hires Hester Baker Krebs LLC as Attorney
--------------------------------------------------------------
Bespoke Construction, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Indiana to hire the law firm of
Hester Baker Krebs LLC as attorneys.
The firm's services include:
a. taking necessary or appropriate actions to protect and
preserve the Debtor's estate, including the prosecution of actions
on the Debtor's behalf, the defense of any actions commenced
against the Debtor, the negotiation of disputes in which the Debtor
is involved, and the preparation of objections to claims filed
against the Debtor's estate;
b. preparing on behalf of the Debtor, as debtor in possession,
necessary or appropriate motions, applications, answers, orders,
reports and other papers in connection with the administration of
the Debtor's estate;
c. providing advice, representation, and preparation of
necessary documentation and pleadings regarding debt restructuring,
statutory bankruptcy issues, post-petition financing, real estate,
business and commercial litigation, tax, and, as applicable, asset
dispositions;
d. counseling the Debtor with regard to its rights and
obligations as debtor-in-possession, and its powers and duties in
the continued management and operations of its business and
properties;
e. taking necessary or appropriate actions in connection with
a plan or plans of reorganization and related disclosure statement
and all related documents, and such further actions as may be
required in connection with the administration of the Debtor's
estate; and
f. acting as general bankruptcy counsel for the Debtor and
performing all other necessary or appropriate legal services in
connection with the Chapter 11 case.
The firm's standard hourly rates are:
Jeffrey H. Hester, Member $450
John A. Allman, Member $420
Marsha Hetser, Paralegal $215
Donna Adams, Paralegal $215
Tricia Hignight, Paralegal $215
The firm received an initial retainer in the amount of $20,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Jeffrey H. Hester, Esq., a partner at Hester Baker Krebs LLC as
Counsel, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Jeffrey M. Hester, Esq.
Hester Baker Krebs LLC
Suite 1330, One Indiana Square
Indianapolis, IN 46204
Email: jhester@hbkfirm.com
Telephone: (317) 608-1129
Facsimile: (317) 833-3031
About Bespoke Construction LLC
Bespoke Construction LLC is a general contractor based in
Indianapolis, Indiana, that provides residential and state-funded
construction services, including universal design renovations,
custom millwork, ADA-compliant modifications, and project
management. It serves clients through tailored design and building
solutions with a focus on accessibility, craftsmanship, and
functional improvements.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-04181) on July 16,
2025. In the petition signed by Robert Cooper, authorized
representative of the Debtor, the Debtor disclosed $1,425,361 in
total assets and $5,379,966 in total liabilities.
Judge James M. Carr oversees the case.
Jeffrey Hester, Esq., at Hester Baker Krebs, LLC, represents the
Debtor as legal counsel.
BEST CHEER: Seeks Approval to Hire Braunco.com as Appraiser
-----------------------------------------------------------
Best Cheer Stone, Inc. seeks approval from the U.S. Bankruptcy
Court for the Central District of California to employ Braunco.com
as appraiser.
The firm will provide a restricted appraisal report for the forced
liquidation value of the as-is market value of the personal
property utilizing the "sales comparison" located at 3190 E.
Miraloma Ave., Anaheim, CA 92806, 7267 Coldwater Canyon Ave., North
Hollywood, CA 91605, and 8515 Miramar Place, Suite A, San Diego, CA
92121.
The firm will receive a flat fee of $17,000 for appraisal
services.
Additional post engagement support requested by Debtor such as
preparation for testimony travel time, interviews, depositions, and
court time is an additional $495 per hour, plus reimbursement for
expenses.
Anthony Fitzgerald of Braun Inc. disclosed in court filings that
the firm does not represent any interest adverse to the Debtor's
estate.
Braun Inc. can be reached through:
Anthony E. Fitzgerald
Braun Inc.
180 Sansome St., 5th Floor
San Francisco, CA 94104
Tel: (866) 568-6638
About Best Cheer Stone, Inc.
Best Cheer Stone Inc. supplies natural and engineered stone
products, including granite, marble, and quartzite, for residential
and commercial use. Headquartered in Anaheim, California, the
Company operates a vertically integrated business with global
quarries and manufacturing facilities. Established in 1994, it also
offers prefabricated countertops, cabinets, and related home
improvement materials.
Best Cheer Stone Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11344)
on May 19, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Scott C. Clarkson handles the case.
The Debtors are represented by Robert P. Goe, Esq. at GOE FORSYTHE
& HODGES LLP.
BIG LOTS: Reaches Deal with Gordon Bros. on HQ Sale Funds
---------------------------------------------------------
Ben Zigterman of Law360 repots that Big Lots, now in liquidation,
told a Delaware bankruptcy judge it has settled with Gordon
Brothers Retail Partners, which had sought the first $10 million
from the $36 million sale of the retailer's corporate headquarters
in Ohio.
About Big Lots
Big Lots (NYSE: BIG) -- http://www.biglots.com/-- is one of the
nation's largest closeout retailers focused on extreme value,
delivering bargains on everything for the home, including
furniture, decor, pantry and more.
On Sept. 9, 2024, Big Lots, Inc. and each of its subsidiaries
initiated voluntary Chapter 11 proceedings (Bankr. D. Del. Lead
Case No. 24-11967). The case is being administered by the Honorable
J. Kate Stickles.
Davis Polk & Wardwell LLP is serving as legal counsel, Guggenheim
Securities, LLC is serving as financial advisor, AlixPartners LLP
is serving as restructuring advisor, and A&G Real Estate Partners
is serving as real estate advisor to the Company. Kroll is the
claims agent.
Kirkland & Ellis is serving as legal counsel to Nexus Capital
Management LP.
PNC Bank, National Association, the DIP ABL Agent and Prepetition
ABL Agent, is represented by Choate, Hall & Stewart, LLP; and Blank
Rome, LLP. 1903P Loan Agent, LLC, the DIP Term Agent, and the
Prepetition Term Loan Agent are represented by Otterbourg, P.C. and
Richards, Layton & Finger, P.A.
BMI OLDCO: Hires Togut Segal & Segal LLP as Bankruptcy Counsel
--------------------------------------------------------------
BMI Oldco Inc. and its debtor affiliate seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to hire Togut,
Segal & Segal LLP as general bankruptcy counsel to the special
committee.
The firm's services include:
a. advising the Special Committee on issues relating to
matters of bankruptcy law, fiduciary duties, and corporate
governance;
b. advising the Special Committee as it investigates,
prosecutes and/or settles estate causes of action;
c. participating in Special Committee meetings and advising
the Special Committee regarding its reporting obligations pursuant
to the Governance Protocol;
d. reviewing documents and filings in the Chapter 11 Cases;
e. researching issues related to the conduct of the Special
Committee’s work pursuant to the Governance Protocol;
f. drafting necessary applications, motions, objections,
answers, orders, reports and other legal papers in the Chapter 11
Cases related to the Special Committee's work pursuant to the
Governance Protocol;
g. appearing on behalf of the Special Committee at hearings,
proceedings before the Court, and meetings and other proceedings in
the Chapter 11 Cases related to the Special Committee's work
pursuant to the Governance Protocol, as appropriate; and
h. providing all other necessary legal services for the
Special Committee in connection with the Chapter 11 Cases related
to the Special Committee's work pursuant to the Governance
Protocol.
The firm will be paid at these hourly rates:
Partners $1,575 to $1,830
Counsel $1,140 to $1,375
Associates $535 to $1,225
Paralegals and Law Clerks $315 to $560
In addition, the firm will seek reimbursement for expense
incurred.
The Togut Firm responds to the following questions in the UST
Guidelines in compliance with paragraph D, section 1 as follows:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Response: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed postpetition, explain the
difference and the reasons for the difference.
Response: The Togut Firm did not represent the client
prepetition.
Question: Has your client approved your prospective budget and
staffing plan, and if so, for what budget period?
Response: The Togut Firm expects to develop a budget and
staffing plan to be shared with the Debtors and the Special
Committee for the period from May 27, 2025 through the remainder of
2025.
Albert Togut, Esq., a senior member of Togut, Segal & Segal,
disclosed in a court filing that the firm is a "disinterested
person" as that term is defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Albert Togut, Esq.
Togut, Segal & Segal LLP
One Penn Plaza, Suite 3335
New York, NY 10119
Telephone: (212) 594-5000
Facsimile: (212) 967-4258
Email: altogut@teamtogut.com
About Barretts Minerals Inc.
Barretts Minerals Inc.'s current operations are focused on the
mining, beneficiating, processing, and sale of industrial talc. It
historically supplied a relatively minor percentage of its sales
into cosmetic applications. Barretts Minerals' talc is sold to
distributors and third-party manufacturers for use in such parties'
products, which are then incorporated into downstream products
eventually sold to consumers.
Barretts Minerals and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
No. 23-90794) on Oct. 2, 2023. In the petition signed by its chief
restructuring officer, David J. Gordon, Barretts Minerals disclosed
$50 million to $100 million in assets and $10 million to $50
million in liabilities.
The case was initially assigned to Judge David R. Jones before
Judge Marvin Isgur took over.
The Debtors tapped Porter Hedges, LLP and Latham& Watkins, LLP as
legal counsel; M3 Partners, LP as financial advisor; Jefferies, LLC
as investment banker; and DJG Services, LLC as restructuring
advisor. David J. Gordon of DJG Services serves as the Debtors'
chief restructuring officer. Stretto, Inc. is the claims, noticing
and solicitation agent and administrative advisor.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
Caplin & Drysdale, Chartered and Province, LLC serve as the
committee's legal counsel and financial advisor, respectively.
BMI OLDCO: Seeks to Hire Norton Rose Fulbright as Special Counsel
-----------------------------------------------------------------
BMI Oldco Inc. and its debtor affiliate seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to hire Norton
Rose Fulbright US LLP as special counsel to the special committee.
Following the commencement of the Chapter 11 Cases, the Board
established a special committee vested with the exclusive power and
authority to, among other things, oversee estate causes of action
against the Debtors' non-Debtor affiliates.
The firm has been engaged by the Special Committee for the discrete
purpose of conducting the investigation of estate causes of action
as contemplated by the Governance Protocol.
The current hourly rates charged by NRF are:
Partners $820 to $2310
Senior Associates $715 to $1160
Senior Counsel $660 to $1610
Counsel $345 to $1225
Associates $570 to $1140
Patent Agents $330 to $785
Of Counsel $595 to $1650
Paralegals $185 to $615
Practice Support $90 to $475
In addition, the firm will receive reimbursement for its
out-of-pocket expenses.
The following is provided in response to the request for additional
information set forth in Paragraph D.1. of the Revised UST
Guidelines:
a. Question: Did you agree to any variations from, or
alternative to, your standard or customary billing arrangements for
this engagement?
Answer: NRF has not agreed to any various from, or
alternatives to, NRF's standard and customary billing arrangements.
The rate structure provided by NRF is appropriate and is not
significantly different from (a) the rates that NRF charges for
other non-bankruptcy representations or (b) the rates of other
comparably skilled professionals.
b. Question: Do any of the NRF professionals in this engagement
vary their rate based on the geographic location of the Debtors'
Chapter 11 Cases?
Answer: No. The hourly rates used by NRF in representing the
Special Committee are consistent with the rates that NRF charges
other comparable chapter 11 clients, regardless of the location of
the chapter 11 case.
c. Question: If NRF has represented the Debtors in the 12 months
prepetition, disclose NRF's billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If NRF's billing rates and
material financial terms have changed post petition, explain the
difference and the reasons for the difference.
Answer: NRF did not represent the Debtors in the 12 months
prepetition.
d. Question: Has your client approved your prospective budget
and staffing plan and if so, for what budget period?
Answer: NRF has discussed a prospective budget and staffing
plan with the Special Committee for purposes of this engagement.
Jason Boland, Esq., co-head of restructuring at Norton, disclosed
in a court filing that his firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Jason L. Boland, Esq.
Norton Rose Fulbright US, LLP
1301 Avenue of the Americas
New York, NY 10019-6022
Tel: (212) 318-3000
Fax: (212) 318-3400
Email: jason.boland@nortonrosefulbright.com
About BMI Oldco Inc.
BMI Oldco Inc. BMI Oldco Inc. and Barretts Ventures Texas LLC filed
their voluntary petitions for relief under Chapter 11 of the
Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 3-90764) on October
2, 2023. At the time of filing, the Debtor listed $50,000,001 to
$100 million in assets and $10,000,001 to $50 million in
liabilities.
Judge Marvin Isgur handles the case.
John F Higgins, IV, Esq. at Porter Hedges LLP represents the Debtor
as counsel.
BRIGGS BROTHERS: Seeks Chapter 11 Bankruptcy in Louisiana
---------------------------------------------------------
On August 4, 2025, Briggs Brothers Enterprises Corporation filed
Chapter 11 protection in the Eastern 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 Briggs Brothers Enterprises Corporation
Briggs Brothers Enterprises Corporation is a licensed general
contractor based in New Orleans, Louisiana. The Company provides
construction services for highway, street, bridge, and municipal
public works projects, and has performed work under federal
contracts across multiple states. It is certified as an SBA 8(a)
and HUBZone small business.
Briggs Brothers Enterprises Corporation sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D. La. Case No.: 25-11674)
on August 4, 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 Meredith S. Grabill handles the case.
The Debtor is represented by Derek Russ, Esq.
BROOK + WHITTLE: Enters Negotiations w/ Lenders for Fresh Funding
-----------------------------------------------------------------
Reshmi Basu and Carmen Arroyo of Bloomberg News report that Brook +
Whittle, a packaging company backed by Genstar Capital, is in
discussions with certain lenders to negotiate a deal that would
give it more time to navigate a liquidity crunch, according to
sources familiar with the matter.
Under the proposal, lenders would inject new capital through a
first-out loan to bolster the company's cash reserves. In exchange,
holders of Brook's approximately $500 million term loan due in 2028
would swap their debt for a new second-out loan, the sources said.
About Brook + Whittle
Brook & Whittle Ltd. provides printing and packaging solutions. The
Company designs and manufactures labels and packaging for a wide
range of industries including personal care, beverage, household,
and food. Brook & Whittle markets its products and services in the
United States.
CASH CLOUD: Court Affirms Ruling on McAlary's Plan Objection
------------------------------------------------------------
In the appeal styled CHRIS MCALARY, Appellant, vs. CASH CLOUD INC.,
et al., Appellees, Case No.: 2:23-cv-01424-GMN (D. Nev.), Judge
Gloria M. Navarro of the United States District Court for the
District of Nevada affirmed the order of the United States District
Court for the District of Nevada overruling the objection of Chris
McAlary to:
(i) Cash Cloud Inc.'s' First Amended Chapter 11 Plan of
Reorganization; and
(ii) the Bankruptcy Order Approving Debtor's Disclosure Statement
on a Final Basis and Confirming Debtor's First Amended Chapter 11
Plan of Reorganization.
On Aug. 17, 2023, the Court held a Confirmation Hearing on Cash
Cloud's First Amended Chapter 11 Plan of Reorganization.
After hearing oral argument on the McAlary's objection at the
Confirmation Hearing, the bankruptcy court overruled his objection
and confirmed the Amended Plan. McAlary then appealed the
bankruptcy court's Order overruling his objection.
McAlary asserts that the bankruptcy court erred in confirming the
Amended Plan because it lacks a certain effective date. He also
argues that the Amended Plan's third-party releases and lack of
setoff rights for his rendered the Plan unconfirmable. McAlary
further argues that Cash Cloud's failure to provide notice and
disclose the identity of the individuals who will serve as
directors, officers, or voting trustees after confirmation should
preclude confirmation of the Amended Plan. He asserts that the
bankruptcy court erred in basing its final confirmation decision on
evidentiary submissions filed two days prior to the Confirmation
Hearing.
The District Court is not aware of any cases in this Circuit
requiring that a plan have a specific effective date within a
specified amount of time from confirmation in order to satisfy the
requirements of Sec. 1123(a)(5), and the cases that McAlary cites
do not lead it to conclude that the bankruptcy court abused its
discretion in approving the Amended Plan with a delayed effective
date.
McAlary argues that the Court erred in approving the Amended Plan
because the Plan is not “feasible” as required by 11 U.S.C.
Sec. 1129(a)(11).
The District Court concludes that the bankruptcy court did not
clearly err in making its factual findings and did not abuse its
discretion in finding that the Amended Plan was feasible. According
to Judge Navarro, "The bankruptcy court applied the correct legal
rule when it stated that the actual language of Sec. 1129 was
satisfied because the purpose of the plan itself is the liquidation
of the debtor. '
McAlary also argues that the bankruptcy court erred in confirming
the Amended Plan because it does not comply with Sec. 1129(a)(5)'s
requirement that a plan disclose the identity and affiliations of
individuals proposed to serve as directors, officers, or voting
trustees of the debtor after the confirmation of the Amended Plan.
According to the District Court, McAlary cites no support for his
statement that Sec. 1129(a)(5)(A) does not contain an exception to
the disclosure requirement where the debtor dissolves
post-effective date. Without a single binding or persuasive case
from McAlary to support his argument that the bankruptcy court was
incorrect in finding that the Amended Plan was not required to
comply with Sec. 1129(a)(5), the District Court does not find that
the bankruptcy court identified the incorrect legal rule to apply
or clearly erred in applying it. It therefore affirms the
bankruptcy court's overruling of McAlary's objection under Sec.
1129(a)(5).
The District Court remands the set-off rights and revised
liquidation analysis issues for the bankruptcy court to consider in
the first instance.
A copy of the Court's Order dated August 4, 2025, is available at
https://urlcurt.com/u?l=DQVXW3 from PacerMonitor.com.
About Cash Cloud
Cash Cloud Inc., doing business as Coin Cloud, operates automated
teller machines for buying and selling Bitcoin, Ethereum, Dogecoin,
and more than 40 other digital currencies with cash, card and
more.
Cash Cloud sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Nev. Case No. 23-10423) on Feb. 7, 2023, with $50
million to $100 million in assets and 100 million to $500 million
in liabilities. Chris McAlary, president of Cash Cloud, signed the
petition.
Judge Mike K. Nakagawa oversees the case.
The Debtor tapped Fox Rothschild, LLP as bankruptcy counsel; Baker
& Hostetler, LLP as regulatory counsel; and Province, LLC as
financial advisor. Stretto is the claims agent.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Debtor's case. The committee
tapped McDonald Carano, LLP and Seward & Kissel, LLP as legal
counsels; and FTI Consulting, Inc. as financial advisor.
CASH CLOUD: Denial of McAlary's Chapter 7 Conversion Bid Affirmed
-----------------------------------------------------------------
In the appeal styled CHRIS MCALARY, Appellant, vs. CASH CLOUD INC.,
et al., Appellees, Case No.: 2:23-cv-01580-GMN (D. Nev.), Judge
Gloria M. Navarro of the United States District Court for the
District of Nevada affirmed the order of the the United States
Bankruptcy Court for the District of Nevada denying Chris McAlary's
motion to convert the bankruptcy case of Cash Cloud Inc. to Chapter
7.
McAlary argues that the bankruptcy court erred in applying 11
U.S.C. Sec. 1112(b)(2), and in finding that Sec. 1112(b)(2) was
satisfied by the unusual circumstances in this case. The District
Court disagrees.
The bankruptcy court denied McAlary's Motion to Convert because it
found unusual circumstances established that converting the case is
not in the best interest of creditors and the estate. It also found
that Sec. 1112(b)(2)(A) was satisfied because the plan had already
been confirmed, so it was more than likely to be confirmed. The
bankruptcy court explained that Sec. 1112(b)(2)(B) was satisfied
because it specifically excludes Sec. 112(b)(4)(A), which is the
only ground for conversion that McAlary argued in his Motion.
McAlary argues that the unusual circumstances identified by the
bankruptcy court were neither unusual nor establish that conversion
is not in the best interest of the creditors and the estate.
The bankruptcy court identified the following unusual
circumstances:
1. McAlary's commencement of the Chapter 11 proceeding as the
Debtor's sole
shareholder, officer and director;
2. McAlary's execution of the Schedules of Assets and
Liabilities, Schedules of Financial Affairs, and other material
under penalty of perjury;
3. McAlary's resignation after submission of a Chapter 11 plan
that permitted substantially all of the estate assets to be sold;
4. McAlary's subsequent resignation and transition to the
independent director;
5. The Unsecured Creditors' Committee's investigation and
pursuit of estate claims against multiple parties including
McAlary;
6. The Debtor's decision to pursue confirmation of the Amended
Plan rather than voluntary dismissal or conversion to Chapter 7;
and
7. The absence of any other creditor support in favor of
conversion.
The District Court points out the circumstances that the bankruptcy
court identified are not those inherently present in bankruptcy,
such as disputes regarding the validity and amount of a creditor's
claim.
According to Judge Navarro, "The unusual facts present in this
case, including McAlary's various roles in the bankruptcy and the
lack of support from all other creditors in favor of conversion,
support the bankruptcy court's conclusion."
The District Court finds that the bankruptcy court did not clearly
err in concluding that unusual circumstances in this case establish
that conversion of this proceeding to Chapter 7 is not in the best
interest of the creditors. Further, the bankruptcy court did not
err in finding that the requirements of Secs. 1112(b)(2)(A) and (B)
were met.
Even if cause is established, Sec. 1112(b)(2) prohibits a
bankruptcy court from converting the case if its requirements are
satisfied. Because the bankruptcy court did not err in finding that
the requirements of Sec. 1112(b)(2) were met, the remainder of
McAlary's arguments regarding cause are moot, the District Court
holds.
A copy of the Court's Order dated August 4, 2025, is available at
https://urlcurt.com/u?l=x228Qt from PacerMonitor.com.
About Cash Cloud
Cash Cloud Inc., doing business as Coin Cloud, operates automated
teller machines for buying and selling Bitcoin, Ethereum, Dogecoin,
and more than 40 other digital currencies with cash, card and
more.
Cash Cloud sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Nev. Case No. 23-10423) on Feb. 7, 2023, with $50
million to $100 million in assets and 100 million to $500 million
in liabilities. Chris McAlary, president of Cash Cloud, signed the
petition.
Judge Mike K. Nakagawa oversees the case.
The Debtor tapped Fox Rothschild, LLP as bankruptcy counsel; Baker
& Hostetler, LLP as regulatory counsel; and Province, LLC as
financial advisor. Stretto is the claims agent.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Debtor's case. The committee
tapped McDonald Carano, LLP and Seward & Kissel, LLP as legal
counsels; and FTI Consulting, Inc. as financial advisor.
CBRM REALTY: Taps Hilco Real Estate as Real Estate Advisor
----------------------------------------------------------
CBRM Realty Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of New Jersey to employ Hilco
Real Estate, LLC as real estate advisors.
The firm will render theses services:
With respect to the Kelly Hamilton Engagement Agreement, Hilco
will:
a. meet with the Kelly Hamilton Debtor to ascertain the Kelly
Hamilton Debtor's goals, objectives and financial parameters in
selling the Kelly Hamilton Property. The sales structure, including
reserve pricing, is more specifically described in the Kelly
Hamilton Engagement Agreement;
b. solicit interested parties for the sale of the Kelly
Hamilton Property, and market the Kelly Hamilton Property for sale
through an accelerated sales process. The bid deadline and auction
are anticipated to be on August 14, 2025 at 4:00 p.m. (prevailing
Eastern Time) and August 18, 2025, respectively;
c. at the Kelly Hamilton Debtor's direction and on the Kelly
Hamilton Debtor's behalf, negotiate the terms of the sale of the
Kelly Hamilton Property; and
d. provide support in connection with these chapter 11 cases,
including in connection with approval of the bidding procedures,
sale process, and reporting and participate in hearings and provide
testimony before the Court.
With respect to the NOLA Engagement Agreement, Hilco will:
a. meet with the Debtors and Debtors' professionals to
ascertain the Debtors' goals, objectives, financial parameters, and
timeline to sell the NOLA Properties. Assess market conditions and
structure individual brokers/brokerage teams based on the grouping
of Properties for sale, either for individual or multi-property
dispositions as guided by the Debtors' professionals. The sales
structure, including reserve pricing, is more specifically
described in the NOLA Engagement Agreement;
b. work with the local real estate brokers (the "Local
Brokers") that the Debtors retain to solicit interested parties for
the sale of the NOLA Properties and market the NOLA Properties for
sale through an accelerated sales process;
c. at the Debtors' direction and on the Debtors' behalf,
negotiate the terms of the sale of the NOLA Properties and
coordinate with the Local Brokers to ensure that the desired
message is conveyed to the marketplace regarding the NOLA
Properties; and
d. provide support in connection with these chapter 11 cases,
including in connection with approval of the bidding procedures,
sale process, and reporting and participate in hearings and provide
testimony before the Court.
The Debtors will compensate Hilco as follows:
a. Fees for Kelly Hamilton Property: In the event that the
Kelly Hamilton Property is sold, Hilco shall earn a fee equal to 5
percent of the Gross Sale Proceeds for the sale of the Kelly
Hamilton Property. For purposes hereof, "Gross Sale Proceeds" shall
mean the aggregate cash consideration received by the Kelly
Hamilton Debtor in consideration of the Kelly Hamilton Property.
For the Kelly Hamilton Property, no fees shall be payable in
connection with the sale of the Kelly Hamilton Property to the DIP
Lender, unless such sale (1) indefeasibly satisfies (through a
credit bid or otherwise) the outstanding obligations under the DIP
Facility (as defined in the Kelly Hamilton DIP Order), (2) includes
additional cash consideration in an amount at least equal to (i)
the $250,000 breakup fee due to the DIP Lender as stalking horse
purchaser for the Kelly Hamilton Property, and (ii) any commission
payable to any broker for the Kelly Hamilton Property; provided
Hilco shall still be entitled to reimbursement of its Reimbursable
Expenses.
Fees for NOLA Properties: In the event any of the NOLA Properties
are sold, Hilco shall earn a fee equal to one percent (1%) of the
Gross Sale Proceeds. For purposes hereof, "Gross Sale Proceeds"
shall mean the aggregate cash consideration received by the Debtors
in consideration of a NOLA Property. The cash consideration paid
for a NOLA Property shall be greater than any commission payable to
any Local Broker hereunder.
For the NOLA Properties, no fees shall be payable in connection
with the sale of any NOLA Property to the NOLA DIP Lender, unless
such sale (1) indefeasibly satisfies (through a credit bid or
otherwise) the outstanding obligations under the DIP Facilityand
(2) includes additional cash consideration in an amount at least
equal to any commission payable to any Local Broker hereunder.
b. Costs and Expenses: The Debtors shall reimburse Hilco for
all reasonable and customary Reimbursable Expenses incurred in
connection with the performance of the services proposed under the
Engagement Agreements, for which Hilco and the Debtors shall agree
on a proposed budget; provided, that such reimbursement obligation
shall be capped at $20,000 for the Kelly Hamilton Property and
$40,000 for the NOLA Properties. "Reimbursable Expenses" means all
reasonable and documented out-of-pocket expenses incurred in
connection with performance of the contemplated services,
including, without limitation, reasonable expenses of marketing,
advertising, economy travel and transportation. In the event that
the Properties sell to a buyer other than a secured lender and
Hilco is paid its commission as described in the Engagement
Agreements, there will be no reimbursement of expenses.
Eric Kaup, an executive vice president at Hilco Real Estate,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Eric W. Kaup
Hilco Real Estate LLP
5 Revere Dr., Ste. 410
Northbrook, IL 60062
Telephone: (855) 755-2300
About CBRM Realty
CBRM Realty Inc. is a Somerset, New Jersey-based real estate
investment firm.
CBRM Realty Inc. and affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.N.J. Lead Case No. 25-15343) on
May 19, 2025. In its petition, the Debtor reports estimated assets
and liabilities (on a consolidated basis) between $100 million to
$500 million each.
Honorable Bankruptcy Judge Michael B. Kaplan handles the case.
The Debtors tapped White & Case LLP and Ken Rosen Advisors PC as
counsel, Islanddundon LLC as financial advisor, and Kurtzman Carson
Consultants, LLC, doing business as Verita Global, as claims,
noticing, and solicitation agent.
CBRM REALTY: Taps Larry G. Schedler as Real Estate Broker
---------------------------------------------------------
CBRM Realty Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of New Jersey to hire Larry G.
Schedler & Associates, Inc. as real estate broker.
The firm will render these services:
a. market the NOLA Properties in a commercially reasonable
manner, including publicizing the offering through traditional and
digital channels, including L&A's and Cushman & Wakefield's
multifamily marketing platforms;
b. work in tandem with Hilco and in coordination with the
Debtors' advisors to identify and solicit interest from prospective
purchasers for the NOLA Properties;
c. use commercially reasonable efforts to obtain a purchaser
for the NOLA Properties at a sale price and on terms acceptable to
the Debtors;
d. negotiate the business terms of any purchase and sale
agreements on behalf of the Debtors and in the Debtors' best
interests, subject in all respects to the Debtors' final review and
approval; and
e. coordinate with any other professionals or agents retained
by the Debtors, including co-brokers or legal advisors, to
facilitate Bankruptcy Court approval and closing of any sale
transactions.
The firm will receive a flat fee of $250,000 upon the sale of the
property.
Larry G. Schedler & Associates is a "disinterested person" within
the meaning of section 101(14) of the Bankruptcy Code, as required
by section 327(a) of the Bankruptcy Code, according to court
filings.
The firm can be reached through:
Christian J. Schedler, CCIM
Larry G. Schedler & Associates, Inc.
825 Camp St.
New Orleans, LA 70130
Phone: (504) 836-7038
Email: Email: christian@larryschedler.com
About CBRM Realty
CBRM Realty Inc. is a Somerset, New Jersey-based real estate
investment firm.
CBRM Realty Inc. and affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.N.J. Lead Case No. 25-15343) on
May 19, 2025. In its petition, the Debtor reports estimated assets
and liabilities (on a consolidated basis) between $100 million to
$500 million each.
Honorable Bankruptcy Judge Michael B. Kaplan handles the case.
The Debtors tapped White & Case LLP and Ken Rosen Advisors PC as
counsel, Islanddundon LLC as financial advisor, and Kurtzman Carson
Consultants, LLC, doing business as Verita Global, as claims,
noticing, and solicitation agent.
CHICAGO SMILES: Court Extends Cash Collateral Access to Sept. 5
---------------------------------------------------------------
Chicago Smiles, LLC received fourth interim approval from the U.S.
Bankruptcy Court for the Northern District of Illinois, Eastern
Division to use cash collateral.
The court's order authorized the Debtor's interim use of cash
collateral through Sept. 5 to fund business expenses in accordance
with its budget, with a 10% variance allowed.
The budget projects total operational expenses of $78,234.97 for
August; $77,234.97 for September; and $77,234.97 for October.
PNC Bank, National Association, a secured creditor, holds a claim
of $490,233.61 as of the petition date and such claim is secured by
a perfected lien on the Debtor's assets. Other potential secured
creditors include BHG, CAN Capital Inc., and Revenued, LLC.
In case of any diminution in the value of their interests in the
cash collateral, the secured creditors will be granted
post-petition security interests in and liens on the Debtor's
assets similar to their pre-bankruptcy collateral, with the same
priority, validity and enforceability as their pre-bankruptcy
liens.
As additional protection, PNC Bank will receive a monthly payment
of $3,500 under the approved budget.
A continued hearing is set for September 2.
About Chicago Smiles LLC
Chicago Smiles, LLC provides a range of dental services, including
cosmetic, implant, and restorative dentistry. The practice offers
treatments such as teeth whitening, veneers, crowns and bridges,
dental implants, Invisalign, root canal therapy, and dentures.
Located in Chicago, the clinic supports new patients with education
on oral health, pain management, and various dental care options.
Chicago Smiles sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Ill. Case No. 25-07740) on
May 21, 2025. In its petition, the Debtor reported estimated assets
between $500,000 and $1 million and estimated liabilities between
$1 million and $10 million.
Judge Donald R. Cassling handles the case.
William Factor, Esq., at The Law Office of William J. Factor, Ltd.
is the Debtor's bankruptcy counsel.
PNC Bank, N.A., as secured creditor, is represented by:
Martin J. Wasserman, Esq.
Carlson Dash, LLC
216 S. Jefferson St., Suite 303
Phone: 312-382-1600
mwasserman@carlsondash.com
CMC ADVERTISING: Court Extends Cash Collateral Access to Oct 10
---------------------------------------------------------------
CMC Advertising, Ltd received second interim approval from the U.S.
Bankruptcy Court for the Northern District of Ohio to use the cash
collateral of its secured creditors.
The court's second interim order authorized the Debtor to use cash
collateral in accordance with its budget through October 10 or
until the occurrence of so-called termination events.
The main secured creditors that assert interest in the cash
collateral include Huntington National Bank, Idea 247, Inc., the
U.S. Small Business Administration and several merchant cash
advance (MCA) creditors. The total value of the Debtor's cash and
receivables was approximately $135,297 as of the petition date.
As protection for any diminution in the value of their collateral,
the secured creditors will be granted a replacement lien on the
Debtor's property, with the same priority and extent as their
pre-bankruptcy liens.
In addition, Huntington and SBA will receive monthly payments of
$12,694.92 and $2,505, respectively, as further protection.
Payments will start this month.
The other creditors will not receive any "adequate protection"
payments, according to the interim order.
The next hearing is set for October 7.
Huntington holds two loans totaling over $752,000, while the SBA
holds a COVID-19 Economic Injury Disaster Loan of $500,000, with
roughly $480,000 outstanding. Idea 247 and the MCA lenders have
security interests that are considered junior and may not
constitute secured claims under Section 506(a) of the Bankruptcy
Code.
About CMC Advertising Ltd.
CMC Advertising, Ltd. operating as Mailworks II, is an Ohio-based
advertising company.
CMC Advertising sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ohio Case No. 25-31341) on June 27,
2025, listing up to $500,000 in assets and up to $10 million in
liabilities. Claude R. Montgomery, Jr., managing member of CMC
Advertising, signed the petition date.
Judge John Gustafson oversees the case.
Eric R. Neuman, Esq., at Diller and Rice, LLC, represents the
Debtor as legal counsel.
COLES OF LA: Seeks to Sell Hino Box Truck to Highest Bidder
-----------------------------------------------------------
Coles of La Jolla, Inc., dba Coles Fine Flooring, seeks approval
from the U.S. Bankruptcy Court for the Southern District of
California, to sell Vehicle, free and clear of liens, claims,
interests, and encumbrances.
The Debtor wants to sell the 2016 Hino box truck, Vin
JHHRDM2H8GK002922 (Property) outside the ordinary course of
business.
The Property is unencumbered—no lienholders are listed on its
Certificate of Title.
A hearing has been scheduled for September 10, 2025, at 2:00 p.m.
in Department 1, Room 218 of the U.S. Bankruptcy Court located at
325 West F Street, San Diego, California 92101 to approve the sale
of the Property. Because the sale of the Property is subject to
overbids, the Debtor will be asking the Court to treat the hearing
as an auction of the Property, and the Debtor will be asking the
Court to implement the bidding procedures.
The Debtor was formerly in the business of selling and installing
home flooring and carpeting on a retail basis. As a result of the
coronavirus pandemic, the Debtor sustained financial setbacks. It
attempted to downsize by moving its showroom / warehouse on Morena
Boulevard to a new location but faced an additional setback when it
was determined that the new location was not zoned for the
Debtor’s proposed use.
The Debtor has no use for the Property. Previously, the Property
was parked at the Debtor's now-vacated Montiel Road store location.
The Property suffered vandalism when unknown people broke into it
and tried to steal it and/or various components. The batteries were
stolen, wiring was cut, the passenger side window was broken, and
the steering column had been dislodged. The liftgate did not work,
and the Property had some body damage. The Property is therefore a
wasting asset and time is of the essence in trying to derive value
from it.
After attempting to find a buyer for the Property by listing it for
sale for approximately two months on CommercialTruckTrader.com, the
Debtor contacted Fischer to ascertain whether it could be sold.
Fischer offered to buy the Property for $6,500.00 for its own
account. The Debtor believes that $6,500.00 is a fair and
reasonable price under the circumstances and given that the
Property will require fairly extensive repairs before it is
drivable. Fischer has already performed some of those repairs, and
the Property is currently safely on Fischer's lot.
The Debtor proposes the procedures with respect to qualifying
overbidders prior to the Auction, and with respect to the Auction
bidding procedures themselves. The Debtor believes the following
procedures are fair and reasonable, and designed to maximize the
value received for the Property. All questions should be directed
to Kit J. Gardner, the undersigned Debtor's General Bankruptcy
Co-Counsel.
1. At any time prior to five business days before the Auction, any
party besides the Buyer who is interested in participating in the
sale as a potential overbidder must become a "Qualified Overbidder"
by delivering to the Debtor a cashier's check made payable to Coles
of La Jolla, Inc. in the amount of $5,000.00 (Deposit). All
Deposits will be maintained by the Debtor. Bidder Deposits of
unsuccessful bidders will be returned to the unsuccessful bidders
except as herein noted.
2. At the Auction there shall be an initial minimum overbid of
$1,500.00 over and above the $6,500.00 asking price, and subsequent
incremental overbids of $500.00.
a. Any Qualified Overbidders and/or their qualified representatives
must be present to participate in the overbid process by making an
appearance at the Hearing (appearances may be made
remotely—contact the Court for information).
b. A successful overbidder must deliver to the Seller the balance
of the final purchase price (including overbids and any other
amounts) in excess of the Bidder Deposit in cash or cashier's
check(s) immediately upon the close of the Auction, which the
Debtor shall hold pending entry of a Final Order approving the
sale.
c. If there is an overbid and the successful overbidder does not
consummate the sale, such party shall forfeit its Deposit or Bidder
Deposit, as the case may be, and the Debtor may offer the Property
to the next highest overbidder (or to the Buyer in the event that
there is no next highest overbidder) without further order of the
Court and without further notice to any person or entity, including
the parties, the Buyer, or any other overbidders.
3. Fischer shall be entitled to a $1,000.00 break up fee, or a
greater or lesser amount as the Court may order, in the event that
it is not the successful bidder.
The Debtor respectfully requests that the Court approve and
implement the foregoing proposed overbid procedures.
About Coles of La Jolla, Inc. dba Coles Fine Flooring
Coles of La Jolla, Inc., doing business as Coles Fine Flooring, is
a family-owned and operated carpet, fine furniture and gift store
specializing in specializing in fine flooring. The company is
based
in San Diego, Calif.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Calif. Case No. 24-00613) on Feb. 26,
2024, with $4,941,193 in assets and $3,329,830 in liabilities.
Stephen M. Coles, president, signed the petition.
Stella Havkin, Esq., represents the Debtor as legal counsel.
CONCRETE TRUTH: Unsecured Creditors to be Paid in Full in Plan
--------------------------------------------------------------
Concrete Truth Title, LLC, filed with the U.S. Bankruptcy Court for
the Western District of Missouri a Combined Plan of Reorganization
and Disclosure Statement dated July 30, 2025.
The Debtor shall continue in possession of all of its property and
assets and shall retain full power to manage its property and to
sell its property to pay all Allowed Claims, subject to any
conditions contained herein.
Class Two includes all Allowed General Unsecured Nonpriority Claims
with non-insider Creditors. This class includes the debt owed to
Shell Fleet Navigator Card. Class Two includes the Shell Fleet
Navigator Flex Card. Class Two shall be paid in full with the
balance owed as of the filing of the petition. Class 2 is
impaired.
Class Three includes All Allowed General Unsecured Nonpriority
Claims with insider affiliated-related entities. This class
includes Tamarra Thompson who is a member of the Debtor and is owed
$2,830.92. This is an Allowed Unsecured Claim which is subordinated
to any Allowed Unsecured NonPriority Claims in Class 2.
Class Three Tamarra Thompson, one of the members of the Debtor. She
is owed $2,830.92. Once the Plan is confirmed and once payments
have commenced to WSFS as set out and pay has been made to Shell
Fleet Navigator Flex Card, Debtor may, if funds are available,
reimburse Ms. Thompson for the funds she loaned to the Debtor to
file this bankruptcy. Class 3 is impaired.
Nothing contained herein or affecting these proceedings, including
a lapse in or cessation of business operations, or a change of
business purpose, shall cause or shall be deemed to cause any
involuntary dissolution of the Debtor’s business unless such
dissolution is required as a matter of law.
The Debtor's estimated monthly payment to WSFS should be
approximately $1,385/month. The contract for deed buyers are
currently paying $2,226/month. The buyers are paying for the upkeep
and repairs for the property. Other than paying an accountant for
the preparation of tax returns, the Debtor does not anticipate
paying any other expenses.
On the Effective Date, all liens against assets and Property of the
Debtor, except as explicitly herein provided, shall be extinguished
and discharged.
A full-text copy of the Combined Plan and Disclosure Statement
dated July 30, 2025 is available at https://urlcurt.com/u?l=vSZRiY
from PacerMonitor.com at no charge.
Counsel to the Debtor:
Erlene Krigel, Esq.
Krigel Nugent + Moore, PC
4520 Main St., Ste. 700
Kansas City, MO 64111
Telephone: (816) 756-5800
About Concrete Truth Title
Concrete Truth Title, LLC sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. W.D. Mo. Case No.
25-40479) on April 3, 2025, listing $100,001 to $500,000 in both
assets and liabilities.
Judge Cynthia A Norton presides over the case.
Erlene W. Krigel, Esq. at Krigel Nugent Moore, P.C. represents the
Debtor as counsel.
CONTAINER STORE: Struggles with Debt
------------------------------------
Kevin Kingsbury of Bloomberg Law reports that the Container Store
continues to face financial headwinds, including inventory and
pricing challenges, despite ongoing restructuring efforts. The
retailer has enlisted Berkeley Research Group and other advisers to
tackle these issues.
It is also reviewing its real estate portfolio with assistance from
A&G Real Estate Partners and law firm Paul Hastings, the report
states.
The Troubled Company Reporter reported on March 13, 2025, citing
Alex Wittenberg of Law360 Bankruptcy Authority that on Tuesday,
March 11, 2025, a Texas bankruptcy judge announced that he would
issue a written opinion on whether the U.S. Trustee's Office can
halt The Container Store's Chapter 11 plan to appeal a ruling
that a creditor's failure to opt out of the plan's third-party
releases amounts to consent to those releases.
About The Container Store Group Inc.
The Container Store Group, Inc. operates specialty retail stores.
The Company offers storage, organizational products and solutions.
Container Store Group serves customers in the United States.
COSTELLO SR.-ALLEN: Unsecured Creditors to Split $79K in Plan
-------------------------------------------------------------
Costello Sr.-Allen Optometrists PLLC filed with the U.S. Bankruptcy
Court for the Northern District of New York a Plan of
Reorganization for Small Business dated July 30, 2025.
The Debtor is a professional limited liability company. Since 2008,
the Debtor has been in the business of providing optometry
services.
The Debtor's current financial difficulties stem from a consistent
shortfall of revenue relative to operating expenses. In an attempt
to address this imbalance, the Debtor entered into multiple
financing arrangements with various Merchant Cash Advance (MCA)
companies over the past several years.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $9,835.75. The final Plan
payment is expected to be paid on November 1, 2030.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately .05 cents on the dollar. This Plan also provides
for the payment of administrative and priority claims.
Class 5 consists of Non-priority unsecured creditors. Unsecured
creditors will receive a total of $79,371.70 which will be
distributed pro rata to all allowed unsecured claims. Debtor will
pay a total of $1,322.86 per month to be distributed to unsecured
creditors pro rata. It is anticipated that this will yield
approximately .05 cents on the dollar of all unsecured allowed
claims. This Class is impaired.
Class 6 consists of Equity security holders of the Debtor. Equity
interest holders shall receive 100% of the shareholder interests in
the reorganized Debtor.
The Plan will be implemented by the Debtor remitting payment to
creditors from the Debtor's cash flow derived from income as
indicated in the projections.
Upon Confirmation of the Plan, all property of the Debtor, tangible
and intangible, including, without limitation, licenses, furniture,
fixtures, and equipment, will revert free and clear of all Claims
and Equitable Interests except as provided in the Plan, to the
Debtor. The Debtor expects to have sufficient cash on hand to make
the payments required on the Effective Date
A full-text copy of the Plan of Reorganization dated July 30, 2025
is available at https://urlcurt.com/u?l=eM7A87 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Peter A. Orville, Esq.
Orville & McDonald Law, P.C.
30 Riverside Drive
Binghamton, NY 13905
Tel: (607) 770-1007
Fax: (607) 770-1110
About Costello Sr.-Allen Optometrists
Costello Sr.-Allen Optometrists, PLLC, doing business as Allen Eye
Associates, is an optometry practice based in Oneida, N.Y. The
clinic provides comprehensive eye care services including routine
eye exams, contact lens fittings, dry eye therapy, and disease
management.
Costello Sr.-Allen Optometrists sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D.N.Y. Case No. 25-60379) on May
1, 2025. In its petition, the Debtor reported total assets of
$583,120 and total liabilities of $2,622,871.
Judge Patrick G. Radel oversees the case.
The Debtor tapped Peter A. Orville, Esq., at Orville & McDonald
Law, P.C. and Gregory F. Wilt CPA, PC as tax and payroll
accountant.
CTF CHICAGO: Court Extends Cash Collateral Access to Aug. 31
------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division extended CTF Chicago, Inc.'s authority to use cash
collateral from August 1 to August 31.
The 11th interim order authorized the Debtor to use the cash
collateral of Wintrust Bank, a pre-bankruptcy secured lender, to
pay the expenses set forth in its budget.
The budget shows projected expenses of $128,336 for the interim
period.
Wintrust Bank holds a senior lien on the Debtor's assets valued at
$781,571.93, with a subordinate lien by the U.S. Small Business
Administration.
As protection, Wintrust Bank was granted a replacement lien on
substantially all of the Debtor's assets, including cash collateral
equivalents, cash and accounts receivable, to the same extent and
with the same validity as its pre-bankruptcy lien.
In addition, Wintrust Bank was granted an administrative expense
claim under Section 507(b) of the Bankruptcy Code, subordinate only
to the administrative claim of the Subchapter V trustee.
The next hearing is scheduled for August 27.
Wintrust Bank has a senior valid blanket lien on assets of the
Debtor as of the petition date and the cash proceeds thereof. It
holds a senior security interest in all the assets of the Debtor by
way of a valid lien duly filed of which the amount due and owing
totals no less than $781,571.93.
About CTF Chicago
CTF Chicago, Inc. operates within a framework that requires
substantial capital and resources. The company is structured to
provide specific services or products, likely in a competitive
market, given its presence in Chicago.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-15580) with up to
$50,000 in assets and up to $10 million in liabilities. Charles
Graff, managing member, signed the petition.
Judge Janet S. Baer oversees the case.
The Debtor is represented by Richard G. Larsen, Esq., at Springer
Larsen, LLC.
Wintrust Bank, as lender, is represented by:
Andrew H. Eres, Esq.
Dickinson Wright PLLC
55 W. Monroe, Suite 1200
Chicago, IL 60603
Tel: 312-377-7891
aeres@dickinson-wright.com
CUBCOATS ACQUISITION: M. Douglas Flahaut Named Subchapter V Trustee
-------------------------------------------------------------------
The U.S. Trustee for Region 16 appointed M. Douglas Flahaut as
Subchapter V trustee for Cubcoats Acquisition Vehicle LLC.
Mr. Flahaut will be paid an hourly fee of $680 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Flahaut declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
M. Douglas Flahaut
ArentFox Schiff LLP | Attorneys at Law
Gas Company Tower
555 West Fifth Street, 48th Floor
Los Angeles, California 90013
Telephone: (213) 443-7559
Facsimile: (213) 629-7401
Email: douglas.flahaut@afslaw.com
About Cubcoats Acquisition Vehicle
Cubcoats Acquisition Vehicle, LLC is a special-purpose entity
formed to acquire assets related to the "Cubcoats" children's
brand, including intellectual property and character rights. The
company executed an asset purchase agreement with Peak Theory, Inc.
in 2023 through a bankruptcy court-supervised sale in the District
of Utah.
Cubcoats Acquisition Vehicle filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. C.D. Calif. Case No.
25-16684) on August 1, 2025, with up to $50,000 in assets and $1
million to $10 million in liabilities. Frankie Ordoubadi, manager,
signed the petition.
Giovanni Orantes, Esq., at The Orantes Law Firm, A.P.C. represents
the Debtor as bankruptcy counsel.
CUBCOATS ACQUISITION: Seeks Subchapter V Bankruptcy in California
-----------------------------------------------------------------
On August 1, 2025, Cubcoats Acquisition Vehicle LLC 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 Cubcoats Acquisition Vehicle LLC
Cubcoats Acquisition Vehicle LLC is a special-purpose entity formed
to acquire assets related to the "Cubcoats" children's brand,
including intellectual property and character rights. The Company
executed an asset purchase agreement with Peak Theory, Inc. in 2023
through a bankruptcy court-supervised sale in the District of
Utah.
Cubcoats Acquisition Vehicle LLC sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal.Case No.
25-16684) 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.
The Debtor is represented by Giovanni Orantes, Esq. at THE ORANTES
LAW FIRM, A.P.C.
CYPRESSWOOD SPRING: Gets Extension to Access Cash Collateral
------------------------------------------------------------
Cypresswood Spring Memory Care, LLC received third interim approval
from the U.S. Bankruptcy Court for the Northern District of Texas,
Fort Worth Division, to use cash collateral to pay its operating
expenses.
The order penned by Judge Mark Mullin authorized the Debtor's
interim use of cash collateral in accordance with its monthly
budget, with a 15% variance.
PSF I Cypresswood, LLC, a secured lender, asserts pre-bankruptcy
liens on substantially all of the Debtor's assets, including cash
and accounts.
As adequate protection for any diminution in the value of its
pre-bankruptcy collateral, PSF will be granted a post-petition
claim secured by valid, binding, enforceable and perfected senior
liens on the Debtor's property excluding Chapter 5 causes of
action. This claim will have priority over all other costs and
expenses.
As further protection, the Debtor was ordered to keep the secured
lender's collateral fully insured.
The Debtor's authority to use cash collateral terminates upon
dismissal or conversion of its Chapter 11 case; the appointment of
a trustee or examiner; cessation of operations; non-compliance with
or default by the Debtor of the terms of the order; the granting of
claim or lien to another creditor that is equal or superior in
priority; or the lifting of the automatic stay to allow any
creditor to proceed against any asset of the Debtor valued at
$75,000 or more.
The next hearing is set for September 8.
About Cypresswood Spring Memory Care
Cypresswood Spring Memory Care, LLC, doing business as Autumn
Leaves of Cypresswood, operates a 54-bed, purpose-built community
in Spring, Texas that provides specialized residential care for
people with Alzheimer's disease and other dementias. The facility
is part of family-owned Autumn Leaves Memory Care, which runs
similar communities in Texas and Illinois.
Cypresswood sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Tex. Case No. 25-41420) on April 23, 2025. In its
petition, the Debtor reported between $1 million and $10 million
in
assets and between $10 million and $50 million in liabilities.
Judge Edward L. Morris handles the case.
Joyce W. Lindauer, Esq., at Joyce W. Lindauer Attorney, PLLC is the
Debtor's legal counsel.
PSF I Cypresswood, LLC, as secured lender, is represented by:
Kevin M. Lippman, Esq.
Munsch Hardt Kopf & Harr, P.C.
500 N. Akard Street, Suite 4000
Dallas, TX 75201-6659
Telephone: (214) 855-7565
Facsimile: (214) 978-5335
klippman@munsch.com
DESKTOP METAL: U.S. Trustee Appoints Creditors' Committee
---------------------------------------------------------
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Desktop
Metal, Inc. and its affiliates.
The committee members are:
1. U.S. Bank Trust Company, National Association
as Trustee for the 6.0% Convertible Senior Notes due 2027
Vilka Markovic (Vice President)
1 Federal Street
Boston, MA 02110
(617) 603-6603
vilka.markovic@usbank.com
Counsel for Member:
Shipman & Goodwin LLP
Anthony Scarcella
Kathleen LaManna
One Constitution Plaza
Hartford, CT 06103-1919
(860) 251-5603
klamanna@goodwin.com
ascarcella@goodwin.com
2. Consilio, LLC
Michael Flanagan, General Counsel
1828 L. Street NW, Suite 1070
Washington, DC 20036
(202) 559-3812
Michael.flanagan@consilio.com
3. Henry Schein Inc.
Kim Persky, East Coast Sr. Credit Manager
135 Duryea Road
Melville, NY 11747-3834
(631) 843-5500
Kim.Persky@henryschein.com
sharedservicesbankruptcies@henryschein.com
4. OMNI Control Technology, Inc.
Peter J. Bedigian, President/CEO
P.O. Box 444
1 Main Street
Whitinsville, MA 01588
(508) 234-9121
pbedigian@omnicontroltech.com
Counsel for Member:
John R. Silva
Allen Falke
Mirick O’Connell DeMallie & Lougee, LLP
100 Front Street, Suite 1900
Worcester, MA 01608
(508) 791-8500
jsilva@miricklaw.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 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.
DISTRICT 7 GRILL: Section 341(a) Meeting of Creditors on Sept. 9
----------------------------------------------------------------
On August 5, 2025, District 7 Grill Corporation filed Chapter 11
protection in the Southern District of Texas. According to court
filing, the Debtor reports between $100,000 and $500,000 in debt
owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on September
9, 2025 at 10:00 AM, US Trustee Houston Teleconference.
About District 7 Grill Corporation
District 7 Grill Corporation owns and operates 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.
District 7 Grill Corporation sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-34547) on
August 5, 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 Jeffrey P. Norman handles the case.
The Debtor is represented by Brandon J. Tittle, Esq. at TITTLE LAW
FIRM, PLLC.
DOUBLESHOT HOLDINGS: Gets OK to Use Cash Collateral Until Sept. 11
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division issued an interim order allowing Doubleshot Holdings, LLC
to use cash collateral through September 11.
The interim order authorized the Debtor to use cash collateral to
pay ordinary business expenses as outlined in its monthly budget.
As adequate protection to ServisFirst Bank, the Debtor was
authorized to make monthly payments of $4,000 on the loan it
obtained from the bank. ServisFirst Bank must credit the Debtor's
funds that it is holding to each of the loan payments until those
funds are exhausted.
In addition, the Debtor was authorized to make interest-only
monthly payments on the business credit card account as further
protection.
All secured creditors will be granted perfected post-petition liens
on the cash collateral with the same priority, validity and extent
as their pre-bankruptcy liens.
The interim order remains in effect until the conversion or
dismissal of the Debtor's bankruptcy case, appointment of a
trustee, confirmation of the Debtor's Chapter 11 plan, or further
court order.
A continued hearing is scheduled for September 11.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/rAGEQ from PacerMonitor.com.
About Doubleshot Holdings
Doubleshot Holdings, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04915) on July
18, 2025, listing up to $100,000 in assets and up to $1 million in
liabilities. Mark Krajcir, managing member of Doubleshot Holdings,
signed the petition.
Judge Roberta A. Colton oversees the case.
Samantha L. Dammer, Esq., at Bleakley Bavol Denman & Grace,
represents the Debtor as legal counsel.
Servis First Bank, as lender, is represented by:
Lara Roeske Fernandez, Esq.
Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A.
' 101 East Kennedy Boulevard, Suite 2700
Tampa, FL 33602
Tel: (813) 223-7474
Fax: (813) 229-6553
LFernandez@trenam.com
DVAC HEATING: Gets Final OK to Use Cash Collateral
--------------------------------------------------
DVAC Heating & Air, LLC received final approval from the U.S.
Bankruptcy Court for the Western District of Washington to use cash
collateral.
The final order granted the Debtor authority to use cash collateral
to pay its operating expenses for the period from July 29 to
September 30 or until it is terminated upon conversion or dismissal
of its Chapter 11 case; the appointment of a trustee, examiner or
any other similar entity with expanded powers; the confirmation of
the Debtor's Chapter 11 plan; or the entry of a court order that
stays, modifies, or reverses the final order.
Payment of the operating expenses must be in accordance with the
Debtor's budget, which shows total expenses of $143,550 for August
and $141,950 for September.
As adequate protection for the Debtor's use of its cash collateral,
the U.S. Small Business Administration will receive replacement
liens on post-petition cash, receivables, inventory, and the
proceeds thereof, with the same validity, priority and extent as
its pre-bankruptcy liens.
In addition, SBA will continue to receive monthly payments of $600
until the Debtor's bankruptcy plan is confirmed.
Other secured creditors including Kapitus, LLC, CT Corporation,
NewCo Capital Group VI, Avion Funding, Pearl Delta Funding, IRS,
and Forward Financing will be granted replacement liens.
Meanwhile, the Debtor was authorized to continue to remit $500 per
month to the trust account of Attorney Virginia Burdette for
administrative fees until plan confirmation.
About DVAC Heating & Air LLC
DVAC Heating & Air LLC is a family-owned company that provides
residential, light commercial, and new construction HVAC and
plumbing services in the greater Seattle area. Based in Mukilteo,
Washington, the Company offers installations, repairs, and
maintenance for systems such as furnaces, AC, heat pumps, water
heaters, and ductless units. Founded in 2014, DVAC emphasizes
competitive pricing, customer service, and skilled technicians.
DVAC Heating & Air sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-11432) on May 27,
2025. In its petition, the Debtor reported total assets of $350,315
and total liabilities of $3,224,167.
Judge Timothy W. Dore handles the case.
The Debtor is represented by:
Thomas D Neeleman
Neeleman Law Group PC
Tel: 425-212-4800
Email: courtmail@neelemanlaw.com
ELENAROSE CAPITAL: Coal Asset Sale to Bulk Acquisition OK'd
-----------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Indiana,
Evansville Division, has permitted ElenaRose Capital LLC and its
affiliates, Elmer Buchta Trucking LLC (EBT), Transport Acquisitions
LLC (Transport), Buchta Leasing, LLC (Buchta Leasing), and WBF, LLC
(WBF), to sell Assets by private sale, free and clear of liens,
claims, interests, and encumbrances.
The Debtors are engaged in coal transportation as a fundamental
part of Debtors' businesses and since the purchase of Transport by
ElenaRose, the price of coal has significantly increased, resulting
in customers reducing their use of coal.
The decreased revenue from customers' reduction in coal use caused
cash flow issues which led to the filing of the voluntary petitions
by Debtors.
The Court has authorized the Debtors to sell the Assets to Bulk
Acquisitions, LLC and/or its assigns outside the ordinary course of
business for $7,557,275.00.
All Assets identified in the Asset Purchase Agreement (APA) is
available at: https://tinyurl.com/mwe9ejcr
The Debtors, and their members, managers, affiliates, officers,
employees, and agents, are authorized to executive, deliver and
perform under, and otherwise consummate and implement, the APA
together with all additional instruments and documents that may be
reasonably necessary to desirable to implement the APA.
All net proceeds of the Sale shall be paid to Peapack Capital
Corporation for permanent application against the indebtedness
owing to Peapack.
About ElenaRose Capital LLC
ElenaRose Capital LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ind. Case No. 23-70665-AKM-11) on
Sept. 8, 2023. In the petition signed by Louis Capolino,
president/manager, the Debtor disclosed up to $50,000 in assets and
up to $10 million.
Judge Andrea K. McCord oversees the case.
Weston E. Overturf, Esq., at Kroger, Gardis & Regas, LLP, is the
Debtor as legal counsel.
EMBER DRIVE CV2021: Seeks Chapter 11 Bankruptcy in New York
-----------------------------------------------------------
On August 4, 2025, Ember Drive CV2021 Pledgor LLC filed Chapter
11 protection in the Eastern District of New York. According to
court filing, the Debtor reports between $1 million and $10 million
in debt owed to 1 and 49 creditors. The petition states funds will
be available to unsecured creditors.
About Ember Drive CV2021 Pledgor LLC
Ember Drive CV2021 Pledgor LLC is a real estate entity whose
primary asset is the property located at 3000 Ember Drive, Decatur,
Georgia.
Ember Drive CV2021 Pledgor LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-72990) on
August 4, 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 Alan S. Trust handles the case.
The Debtor is represented byHeath S. Berger, Esq. at BFSNG LAW
GROUP, LLP.
ENI DIST: Seeks Chapter 11 Bankruptcy in Maryland
-------------------------------------------------
On August 6, 2025, ENI DIST Inc. filed Chapter 11 protection in
the District of Maryland. According to court filing, the Debtor
reports between $10 million and $50 million in debt owed to 1 and
49 creditors. The petition states funds will be available to
unsecured creditors.
About ENI DIST Inc.
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.
ENI DIST Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Md. Case No. 25-17220) on August 6, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
The Debtor is represented by Weon G. Kim, Esq. at WEON G KIM LAW
OFFICE.
ETROG PROPERTIES: Taps FIA Capital Parters as Restructuring Advisor
-------------------------------------------------------------------
Etrog Properties LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the Eastern District of New York to employ FIA
Capital Partners LLC as restructuring advisor.
The firm will provide David Goldwasser as chief restructuring
officer (CRO) and certain additional personnel to the Debtors.
The CRO and additional personnel will render these services:
(a) assist with administering the Debtors' Chapter 11 cases;
(b) oversee the preparation of all Chapter 11 reporting,
including monthly operating reports and budgets;
(c) pursue negotiations with the lender and its representative
with respect to cash collateral and the sales of the properties;
and
(d) assist with formulation of a consensual plan of
reorganization in bankruptcy.
The firm's standard hourly rates are as follows:
Paralegal $330
Managing Director $450
Chief Financial Officer (CFO) $500
Certified Public Accountant (CPA) $500
Attorney $600
David Goldwasser $800
In addition, the firm will seek reimbursement for expenses
incurred.
The Debtor als agreed to pay the CRO a non-refundable up-front fee
of $25,000.
David Goldwasser, a principal at FIA Capital Partners, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
David Goldwasser
FIA Capital Partners LLC
295 Front Street, 2nd Floor
Brooklyn, NY 11201
Email: dgoldwasser@fiacp.com
About Etrog Properties LLC
Etrog Properties LLC is a single asset real estate company that
owns property located at 938 Intervale Avenue in the Bronx, New
York.
Etrog Properties LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-43396) on July 17,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Louis A. Scarcella handles the case.
The Debtor tapped Kevin J. Nash, Esq., at Goldberg Weprin Finkel
Goldstein LLP as counsel and FIA Capital Partners LLC as
restructuring advisor.
ETROG PROPERTIES: Taps Goldberg Weprin Finkel Goldstein as Counsel
------------------------------------------------------------------
Etrog Properties LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the Eastern District of New York to employ
Goldberg Weprin Finkel Goldstein LLP as counsel.
The firm will render these services:
(a) provide the Debtors with all necessary representation in
connection with these Chapter 11 cases, as well as their
responsibilities;
(b) represent the Debtors in all proceedings before the U.S.
Bankruptcy Court and the Office of the U.S. Trustee;
(c) review, prepare and file all necessary legal papers as
required in these Chapter 11 cases; and
(d) provide all other legal services required with respect to
achieving confirmation of a consensual plan of reorganization in
bankruptcy.
The firm's hourly rates are as follows:
Partners $685
Associates $275 - $525
Kevin Nash, Esq., a partner at Goldberg Weprin Finkel Goldstein,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Kevin J. Nash, Esq.
Goldberg Weprin Finkel Goldstein LLP
125 Park Ave., Floor 12
New York, NY 10017
Telephone: (212) 221-5700
Email: knash@gwfglaw.com
About Etrog Properties LLC
Etrog Properties LLC is a single asset real estate company that
owns property located at 938 Intervale Avenue in the Bronx, New
York.
Etrog Properties LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-43396) on July 17,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Louis A. Scarcella handles the case.
The Debtor tapped Kevin J. Nash, Esq., at Goldberg Weprin Finkel
Goldstein LLP as counsel and FIA Capital Partners LLC as
restructuring advisor.
EVENTIDE CREDIT: Creditors Want Trustee to Oversee Chapter 11 Case
------------------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that the
official committee of unsecured creditors in Eventide Credit
Acquisitions' Chapter 11 case has urged a Texas judge to appoint a
trustee, alleging the debtor and its principal have repeatedly
violated bankruptcy rules since the case began in 2023.
About Eventide Credit Acquisitions, LLC
Eventide Credit Acquisitions, LLC, a Dallas-based company, filed
voluntary Chapter 11 petition (Bankr. N.D. Tex. Lead Case No.
23-90007) on Sept. 6, 2023.
On October 9, 3023, its affiliate, BWH Texas LLC, filed its
voluntary petition for relief under Subchapter V of Chapter 11 of
the Bankruptcy Code. In the petition signed by Matt Martorello,
manager, Eventide Credit disclosed up to $100 million in both
assets and liabilities.
Judge Mark X. Mullin oversees the cases.
The Debtors tapped Forshey Prostok as bankruptcy counsel and
Donlin, Recano & Company, Inc. as notice, claims and balloting
agent.
EVERSTREAM SOLUTIONS: Secures Court OK for $385MM Chapter 11 Sale
-----------------------------------------------------------------
Rihem Akkouche of USA Herald reports that a Texas bankruptcy judge
has approved Everstream's $384.6 million Chapter 11 sale, clearing
the way for the Ohio-based, business-only fiber internet provider
to exit bankruptcy under new ownership. Metro Everstream Bidco LLC
was named as the backup bidder with a $366 million offer.
On Friday, August 1, 2025, U.S. Bankruptcy Judge Christopher M.
Lopez signed off on the going-concern sale to Bluebird Fiber, which
outbid the initial stalking-horse offer by nearly $100 million
during a July 2025 auction. "It's always a good thing to hear that
the auction was successful," Judge Lopez said in approving the
deal.
Everstream filed for Chapter 11 in May 2025 with more than $1
billion in liabilities, citing intense competition, rising
operating costs, and lower-than-expected revenues. The company's
original agreement with Bluebird was valued at $285 million before
the bidding war drove the final price higher, according to USA
Herald.
Operating a fiber-optic network across 13 Midwestern and
Northeastern states, Everstream serves business customers with
dedicated internet connections. Attorney Andriana Georgallas of
Weil Gotshal & Manges LLP, representing the company, told the court
a Chapter 11 reorganization plan would be filed soon, with an
emphasis on preserving jobs as part of the restructuring, the
report states.
About Everstream Networks
Everstream Networks LLC is a business-focused provider of data,
internet, and communications services, operating a fiber network
spanning over 34,000 miles across 13 states in the U.S. Midwest and
Northeast. Headquartered in Cleveland, Ohio, the Company offers
enterprise-grade solutions such as dedicated internet access, dark
fiber, Ethernet, and network security. Founded in 2014 as a
subsidiary of nonprofit OneCommunity, Everstream has expanded
through a mix of organic growth and acquisitions.
Everstream Networks LLC and affiliates sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No.
25-90144) on May 28, 2025. In its petition, the Debtor reports
estimated assets (on a consolidated basis) between $500 million and
$1 billion and estimated liabilities (on a consolidated basis)
between $1 billion and $10 billion.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Gabriel A. Morgan, Esq., Clifford W.
Carlson, Esq., Matthew S. Barr, Esq., Andriana Georgallas, Esq.,
and Alexander P. Cohen, Esq. at WEIL, GOTSHAL & MANGES LLP. The
Debtors' Special Counsel is RICHARDS, LAYTON & FINGER, P.A. BANK
STREET GROUP LLC is the Debtors' M&A Advisor. ALVAREZ & MARSAL
NORTH AMERICA, LLC is the Debtors' Financial Advisor. STRETTO, INC.
is the Debtors' Claims, Noticing & Solicitation Agent.
EYM CAFE: Seeks Chapter 11 Bankruptcy in Texas
----------------------------------------------
On August 1, 2025, EYM Cafe of Texas LLC filed Chapter 11
protection in the Eastern District of Texas. According to court
filing, the Debtor reports between $10 million and $50 million on
debt owed to 100 and 199 creditors. The petition states funds will
be available to unsecured creditors.
About EYM Cafe of Texas LLC
EYM Cafe of Texas LLC, doing business as Panera Bread, operated a
group of Panera Bread franchise locations in Texas. The Company was
part of EYM Group, a multi-brand restaurant franchisee based in
Irving, Texas.
EYM Cafe of Texas LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Tex. Case No. 25-42271) on August 1,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $10 million and $50
million.
Honorable Bankruptcy Judge Brenda T. Rhoades handles the case.
The Debtor is represented by Howard Marc Spector, Esq. at
SPECTOR & COX, PLLC.
FAIR OFFER: To Sell Vina Property to Benjiman & Kimberley Moredock
------------------------------------------------------------------
Fair Offer Cash Now, Inc., seeks approval from the U.S. Bankruptcy
Court for the Middle District of Tennessee, to sell Property, free
and clear from liens, claims, interests, and encumbrances.
The Debtor's real property includes the real property at 225 Duren
Ball Road, Vina, AL 35593, and the Debtor has a fee simple 100%
ownership interest in the Property.
On or about March 4, 2025, the Debtor entered in the First Purchase
and Sale Agreement for the sale of the Property to Daniel Jones in
the amount of $125,000.00, which was approved by the Court by entry
of an Agreed Order between Justin Cutler and the Debtor on April
24, 2025. However, the sale did not close.
On or about July 2, 2025, the Debtor entered in the Second Purchase
and Sale Agreement for the sale of the Property to Benjiman
Moredock and Kimberley Moredock.
The PSA provides for a closing to occur on the sale of the Property
on or before August 15, 2025, which was later extended through a
separate addendum to August 22, 2025.
The purchase and sale agreement is with Benjiman Moredock and
Kimberley Moredock and is in the amount of $129,300.00. The
contemplated transaction is an arms-length transaction, and the
Buyer is not an insider of the Debtor.
The purchase price is the result of extensive negotiations and is
the highest and best offer that the Debtor has received.
The Debtor and the Buyers have agreed to the terms contained in the
PSA, with certain key provisions as follows:
a. Purchase Price: $129,300 (Purchase Price).
b. Earnest Money: $250.00
c. Closing Date: On or before August 22, 2025.
d. Commission: The Seller’s agent’s commission shall not exceed
6% of the purchase price, which includes the Buyers' real estate
agent will be paid a sales commission of 2.5% of the purchase
price. There will also be standard closing costs.
f. Contingency: This Agreement is contingent upon Bankruptcy Court
Approval.
The matter needs to be heard on an expedited basis to expedite the
closing and minimize the risk of losing the potential buyer.
Accordingly, the Debtor requests that the Motion be heard on an
expedited basis at the next available docket.
About Fair Offer Cash Now, Inc.
Fair Offer Cash Now owns 27 properties all located in Alabama,
Kentucky, Missouri, Tennessee, Georgia and Mississippi having a
total current value of $4.94 million.
Fair Offer Cash Now, Inc. in Murfreesboro, TN, sought relief under
Chapter 11 of the Bankruptcy Code filed its voluntary petition for
Chapter 11 protection (Bankr. M.D. Tenn. Case No. 24-03495) on
Sept. 11, 2024, listing $4,942,400 in assets and $4,783,400 in
liabilities. Bradley Smotherman as president, signed the petition.
Judge Charles M Walker oversees the case.
LEFKOVITZ & LEFKOVITZ serves as the Debtor's legal counsel.
FALCON CONLEY CV20 LLC: Seeks Chapter 11 Bankruptcy in New York
---------------------------------------------------------------
On August 1, 2025, Falcon Conley CV20 LLC filed Chapter 11
protection in the Eastern District of New York. According to court
filing, the Debtor reports $31,049,400 in debt owed to 1 and 49
creditors. The petition states funds will be available to unsecured
creditors.
About Falcon Conley CV20 LLC
Falcon Conley CV20 LLC is a single-asset real estate entity that
owns property located at 950 Conley Road SE in Atlanta, Georgia.
Falcon Conley CV20 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-72987) on August 1,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities of $31,049,400.
Honorable Bankruptcy Judge Louis A. Scarcella handles the case.
The Debtor is represented by Heath S. Berger, Esq. at BFSNG LAW
GROUP, LLP.
FELTRIM BALMORAL: Seeks Approval to Tap Angela Welch as Accountant
------------------------------------------------------------------
Feltrim Balmoral Estates, LLC and its affiliates seek approval from
the U.S. Bankruptcy Court for the Midddle District of Florida to
employ Angela Welch, a certified public accountant practicing in
Yorktown Heights, New York.
The accountant will assist with the preparation of the Debtors'
monthly operating reports, cash collateral budgets, projections,
and other accounting services as requested in connection with these
bankruptcy cases.
The accountant will be paid at her hourly rate of $285 plus
reimbursement for expenses incurred.
Ms. Welch disclosed in a court filing that she is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Angela Welch, CPA
Yorktown Heights, NY 10598
About Feltrim Balmoral Estates
Feltrim Balmoral Estates, LLC owns a clubhouse located at 124 Kenny
Blvd., Haines City, Fla., having a fair value of $3 million.
Feltrim Balmoral Estates and its affiliates filed their voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. M.D. Fla. Case No. 24-02122) on April 17, 2024. The case is
jointly administered in Case No. 24-02122.
In the petitions signed by Garrett Kenny, owner and manager,
Feltrim Balmoral Estates disclosed $4,657,697 in assets and
$16,239,519 in liabilities; The Enclave At Balmoral, LLC disclosed
$5,091,844 in assets and $10,565,256 in liabilities; and Balmoral
Estates, LP listed $14,327,306 in assets and $25,909,466 in
liabilities.
Judge Catherine Peek McEwen oversees the cases.
The Debtors tapped Alberto F. Gomez, Jr., Esq., at Johnson Pope
Bokor Ruppel & Burns, LLP as counsel and Angela Welch, CPA, as
accountant.
FIBRE-TECH INC: Gets Final OK to Use Cash Collateral
----------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division issued a final order authorizing Fibre-Tech, Inc. to use
cash collateral.
The final order authorized the Debtor to use cash collateral, which
consists of cash, deposit accounts, accounts receivable and
proceeds from operations, in line with its budget, with a 10%
variance allowed.
The budget projects total monthly operational expenses of
$45,629.73.
Secured lenders, including Whitaker Oil Company and the U.S. Small
Business Administration will be granted a replacement lien on
collateral in which they held a security interest and lien as of
the petition date, with the same validity, priority and extent that
they held as of the petition date.
In addition, the Debtor was ordered to keep the collateral insured
as further protection to the lenders.
The Debtor's cash collateral consists of cash in the amount of
$25,286.60, which is comprised of cash on hand and cash on deposit
at Hancock Whitney Bank; accounts receivable in the amount of
$47,742.32; and revenues, according to the Debtor's cash collateral
motion filed on April 9. On average, the Debtor generates
approximately $87,732 in gross receipts per month.
SBA asserts a debt in connection with a loan in the amount of
$137,713.83. Meanwhile, Whitaker Oil Company asserts a debt in the
amount of $3,452.72. Whitaker asserts a security interest in all
assets of the Debtor in connection with the purchase of styrene
monomer.
Fibre-Tech Inc.
Fibre-Tech, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02205) on April 9,
2025, with $500,001 to $1 million in assets and $1,000,001 to $10
million in liabilities.
Judge Roberta A. Colton presides over the case.
Alberto F. Gomez, Jr., Esq. at Johnson Pope Bokor Ruppel & Burns,
LLP represents the Debtor as legal counsel.
FIRST CLASS: Gets Extension to Access Cash Collateral
-----------------------------------------------------
First Class Moving Systems, Inc. and its affiliates received fifth
interim approval from the U.S. Bankruptcy Court for the Middle
District of Florida to use cash collateral.
The fifth interim order signed by Judge Roberta Colton extended the
Debtors' authority to access cash collateral pending a further
hearing on August 21.
The Debtors intend to use the cash collateral to pay the amounts
expressly authorized by the court; the expenses set forth in their
budget, plus an amount not to exceed 10% for each line item; and
additional amounts subject to approval by lenders.
As of the petition date, the Debtors' cash collateral was comprised
of cash ($165,000), accounts receivable ($2,100,000), and inventory
($20,000) in the aggregate amount of $2,285,000.
As adequate protection, each creditor with a security interest in
the cash collateral will have a perfected post-petition lien on the
cash collateral, with the same validity, priority and extent as
their pre-bankruptcy lien.
As further protection, the Debtors were ordered to keep the
collateral insured.
The lenders are the U.S. Small Business Administration, De Lage
Landen Financial Services, Inc., and Valley National Bank. These
lenders were granted perfected post-petition lien on the cash
collateral under the interim orders.
The SBA asserts a blanket lien on certain assets of First Class
while De Lage asserts blanket liens on the cash collateral of
Capital Asset Finance, Inc. Meanwhile, Valley National Bank asserts
blanket liens on the assets of First Class and the cash collateral
of Capital Asset Finance, First Class Moving of South Florida and
FC Equipment Leasing, Inc.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/KRg37 from PacerMonitor.com.
About First Class Moving Systems Inc.
First Class Moving Systems Inc. is a professional moving company
offering residential and commercial moving services, as well as
packing, logistics, and storage solutions. It has locations in
Tampa, Miami/Fort Lauderdale; Gulfport, Miss.; Orlando, Fla.; and
Bound Brook, N.J.
First Class Moving Systems and its affiliates filed Chapter 11
petitions (Bankr. M.D. Fla. Lead Case No. 25-02243) on April 11,
2025. In its petition, First Class Moving Systems reported between
$1 million and $10 million in both assets and liabilities.
Judge Roberta A. Colton handles the cases.
The Debtors are represented by Scott A. Stichter, Esq., and Amy
Denton Mayer, Esq., at Stichter, Riedel, Blain & Postler, P.A.
Valley National Bank, as lender, is represented by:
Andrew W. Lennox, Esq.
Casey Reeder Lennox, Esq.
Lennox Law, P.A.
P.O. Box 20505
Tampa, FL 33622
Tel: 813-831-3800
Fax: 813-749-9456
alennox@lennoxlaw.com
clennox@lennoxlaw.com
FLAGSHIP RESORT: Gets Court Okay for Chapter 11 Sale
----------------------------------------------------
Alex Wittenberg of Law360 Bankruptcy Authority reports that
Flagship Resort Development Corp., a timeshare seller along the
Atlantic City Boardwalk, won approval from a New Jersey bankruptcy
judge on Friday, August 8, 2025, to sell its assets and solicit
votes on a Chapter 11 liquidation plan following a settlement with
unsecured creditors.
About Flagship Resort Development Corporation
Flagship Resort Development Corporation, a privately held
hospitality and resort development company based in New Jersey,
specializes in timeshare vacation ownership in the Atlantic City
region. It operates 774 living units across three properties --
Flagship All-Suites Resort, Atlantic Palace, and La Sammana Resort
-- offering a mix of deeded timeshare interests, club memberships,
and exchange-based travel benefits. The company is a wholly owned
subsidiary of FantaSea Resorts Group, Inc.
Flagship Resort Development Corporation sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-15047) on
May 10, 2025. In its petition, the Debtor reports estimated assets
between $50 million and $100 million.
Honorable Bankruptcy Judge Jerrold N. Poslusny Jr. handles the
case.
The Debtors are represented by Warren J. Martin Jr., Esq. at
PORZIO, BROMBERG & NEWMAN, P.C. The Debtor's Notice, Claims,
Solicitation, Balloting & Administrative Agent is KROLL
RESTRUCTURING ADMINISTRATION LLC.
FLOATUS INC: Gets Final Approval to Use Cash Collateral
-------------------------------------------------------
Floatus, Inc. received final approval from the U.S. Bankruptcy
Court for the District of Maryland to use the cash collateral of
CDC Small Business Finance to pay its expenses.
The final order authorized the Debtor to use CDC's cash collateral
in accordance with its budget, subject to a 20% variance per line
item and a 10% global variance based on changes to actual amounts
billed by various vendors.
The Debtor's budget projects total operational expenses of
$26,422.
As adequate protection for any diminution in the value of its cash
collateral, CDC will be granted replacement liens on all
post-petition assets and proceeds thereof, with the same priority
as its pre-bankruptcy lien.
If the Debtor fails to make a scheduled monthly payment, CDC may
serve the Debtor a notice of default. The default must be cured
within seven days of service of the notice or the Debtor's
authority to use cash collateral will immediately terminate.
About Floatus Inc.
Floatus, Inc., operates a float therapy spa in Laurel, Md.
Floatus filed Chapter 11 bankruptcy petition (Bankr. D. Md. Case
No. 25-12007) on March 9, 2025, listing up to $500,000 in both
assets and liabilities. Felix Nelson, company owner, signed the
petition.
Michael P. Coyle, Esq., at The Coyle Law Group, represents the
Debtor as bankruptcy counsel.
CDC Small Business Finance, as lender, is represented by:
Eric S. Schuster, Esq.
Funk & Bolton, P.A.
100 Light Street, Suite 1400
Baltimore, MD 21202
Tel: 410.659.4983
Fax: 410.659.7773
eschuster@fblaw.com
FRISCO BAKING: Gets Interim OK to Modify Cash Collateral Budget
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Los Angeles Division issued an interim order authorizing the
modification of Frisco Baking Company, Inc.'s budget on the use of
cash collateral.
The Debtor's amended cash collateral budget varies from its
original budget as follows:
(i) Subject to the court's approval of an application to employ
Armanino Advisory, LLC to market and sell the Debtor's business
operation, the Debtor intends to pay the firm an advisory fee of
$15,000 (the agreement will also include a "recovery fee" based on
the sale price of the Debtor's business). The $15,000 fee is
indicated in the amended budget under the category "Professional
Fee Carveout" at the week commencing August 17. The advisory fee
was negotiated by the Debtor and would only be paid upon approval
of the employment by the court.
(ii) The Debtor's "Buy Outs" business (where the Debtor purchases
hot dog buns and re-sells them to customers at a profit margin)
unexpectedly and significantly increased due to a customer's needs
for the months of June and July (to the benefit of the estate and
its creditors). The Debtor amended the budget to reflect these
unexpected purchases.
(iii) The amended budget also accounts variances between what the
Debtor projected at that outset of its Chapter 11 case and what
turned out to be actual expenses.
A final hearing is scheduled for August 19.
About Frisco Baking Company
Established in 1941, Frisco Baking Company, Inc. specializes in San
Francisco-style sourdough bread and a variety of baked goods such
as French and Italian rolls, baguettes, and specialty loaves. The
company offers wholesale services to restaurants and delis across
Los Angeles and Orange counties while maintaining retail operations
at its Los Angeles bakery.
Frisco Baking Company filed Chapter 11 petition (Bankr. C.D. Calif.
Case No. 25-11395) on February 24, 2025, listing between $1 million
and $10 million in assets and between $10 million and $50 million
in liabilities. Damon M. Perata, chief executive officer of Frisco
Baking Company, signed the petition.
Judge Neil W. Bason oversees the case.
Jeffrey S. Shinbrot, Esq., at The Shinbrot Firm is the Debtor's
bankruptcy counsel.
Leaf Capital Funding, LLC, as lender, is represented by:
Jennifer Witherell Crastz, Esq.
Hemar, Rousso & Heald, LLP
15910 Ventura Blvd., 12th Floor
Encino, CA 91436
Telephone: (818) 501-3800
Facsimile: (818) 501-2985
Email: jcrastz@hrhlaw.com
FWAK LLC: Voluntary Chapter 11 Case Summary
-------------------------------------------
Debtor: FWAK LLC
d/b/a Chrimar Apartments
7850 E. Green Lake Dr. N.
Seattle WA 98103
Business Description: FWAK LLC, doing business as Chrimar
Apartments, is a single-asset real estate
entity that owns and leases residential
property.
Chapter 11 Petition Date: August 7, 2025
Court: United States Bankruptcy Court
Eastern District of Washington
Case No.: 25-01396
Debtor's Counsel: Phillip J. Haberthur, Esq.
LANDERHOLM, P.S.
805 Broadway Street, Suite 1000
Vancouver WA 98660
Tel: (360) 696-3312
E-mail: philh@landerholm.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Anne Marie Kreidler as managing member.
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/WDP5ALY/FWAK_LLC__waebke-25-01396__0001.0.pdf?mcid=tGE4TAMA
GENESIS HEALTHCARE: Seeks to Hire Ordinary Course Professionals
---------------------------------------------------------------
Genesis Healthcare, Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the Northern District of Texas to retain
non-bankruptcy professionals in the ordinary course of business.
The Debtors need ordinary course professionals to perform services
for matters unrelated to these Chapter 11 cases.
The Debtors seek to pay OCPs 100 percent of the fees and expenses
incurred.
The Debtors do not believe that any of the OCPs 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 include:
Tier I OCPs
Deloitte Tax LLP
P.O. Box 844736
Dallas, TX 75284
-- Sales Tax Filings and
Sales Tax Refund Claims
Grant Thornton LLP
P.O. Box 71192
Chicago, IL 60694
-- State and Local Tax Advisory Services
Klasko Immigration Law Partners, LLP
2000 Market St., Suite 1050,
Philadelphia, PA 19103
-- Immigration Counsel
Stotler Hayes Group, LLC
297 Willbrook Blvd
Pawleys Island, SC 29585
-- Regulatory, Transactional,
and Guardianship Counsel
Williams Mullen Clark & Dobbins P.C.
200 South 10th Street, Suite 1600
P.O. Box 1320
Attn: Ned Turnbull
Richmond, VA 23219
-- Regulatory, ERISA, and
Transactional Counsel
Tier 2 OCPs
Buchanan Ingersoll & Rooney PC
501 Grant Street, Suite 200,
Pittsburgh, PA 15219
-- Regulatory and Transactional Counsel
and PL/GL
Gordon & Rees LLP
315 Pacific Avenue
San Francisco, CA 94111
-- Transactional, Guardianship, Commercial,
Employment, and PL/GL Counsel
Jarrard, Inc.
219 Ward Circle
Brentwood, TN 37027
-- Communications / PR Services
Littler Mendelson P.C.
101 Second Street, Suite 1000
San Francisco, CA 94105
-- Employment Counsel
Morgan Lewis & Bockius LLP
2222 Market Street
Philadelphia, PA 19103
-- Regulatory and Transactional Counsel
Saxton & Stump LLC
280 Granite Run Drive, Suite 300,
Lancaster, PA 17601
-- Guardianship Counsel
Winston & Strawn LLP
35 West Wacker Drive
Chicago, IL 60601
-- Deferred Payroll Taxes Counsel
Tier 3 OCPs
Anderson Kill
7 Times Square, Fifteenth Floor
New York, NY 10036
-- Transactional Counsel
Bradley Arant Boult Cummings LLP
One Federal Place
1819 5th Avenue North
Birmingham, AL 35203
-- Regulatory Counsel
Carolina Advocacy Group LLC
101 W Saint John Street, Suite 16
Spartanburg, SC 29306
-- Guardianship Counsel
Casey & Chapman
1140 Chapline Street
Wheeling, WV 26003
-- Defense Counsel PL/GL
CBIZ
P.O. Box 95000-2288
Philadelphia, PA 19195
-- U.S. Federal & State Income Tax Services
Cherry Petersen Landry Albert LLP
8350 North Central Expressway, Suite 1500
Dallas, TX 75206
-- Transactional Counsel
Coleman & Sons Appraisal Group
P.O. Box 550092
Waltham, MA 02455
-- Real Estate /
Personal Property Appraisals: MA
Constangy, Brooks, Smith & Prophete, LLP
P.O. Box 102476
Atlanta, GA 30368
-- Labor Counsel
Cozen O’Connor PC
One Liberty Place
1650 Market Street, Suite 2800
Philadelphia, PA 19103
-- Transactional and Commercial Counsel
Davis Malm & D’Agostine P.C.
One Boston Place 37th Floor
Boston, MA 02108
-- Real Estate /
Personal Property and Appeals: MA, RI, CT
Dechert LLP
2929 Arch Street
Philadelphia, PA 19104
-- Transactional and Commercial Counsel
Dietrich Law Firm
610 Sentry Parkway Suite 200
Blue Bell, PA 19422
-- Guardianship Counsel
Dorsi & Dorsi
537 Washington Ave.
West Haven, CT 06516
-- Real Estate /
Personal Property Appraisals: CT
Flaherty, Sensabaugh & Bonasso PLLC
200 Capitol Street
P.O. Box 3843
Charleston, WV 25338
Specific West Virginia
-- Regulatory Counsel
Fultz Maddox Dickens PLC
2700 National City Tower
101 South Fifth Street
Louisville, KY 40202
-- Transactional, Commercial,
and Employment Counsel
Genova Burns LLC
494 Broad Street, 6th Floor
Newark, NJ 07102
-- Labor Counsel
Global Tax Management
656 E Swedesford Road, Suite 200
Wayne, PA 19087
-- Tax Provision Personal Property
and Use Tax Services
Goldsmith & Grout
126 Atlantic Ave
Indialantic, FL 32903
-- Transactional Matters
Gregory Richters
P.O. Box 717
Folly Beach, SC 29439
-- Labor Counsel
Harris Beach Murtha Cullina PLLC
99 Garnsey Road
Pittsford, NY 14534
-- Regulatory and Transactional Counsel
Hiring Incentives, Inc.
9210 Corporate Blvd, Ste. 330
Rockville, MD 20850
-- U.S. Federal and State Tax Credit Tax Professional
Holloway & Sullivan, LLC
7 St. Paul Street, Suite 625,
Baltimore, MD 21202
-- Guardianship Counsel
Hooper, Lundy & Bookman
1875 Century Park East, Suite 1600
Los Angeles, CA 90067
-- Regulatory / Corporate Counsel
Jackson Lewis LLP
1133 Westchester Avenue, Suite S125
West Harrison, NY 10604
-- Employment Counsel
Law Offices of Robert M. McCarthy
4405 East West Highway, Suite 201
Bethesda, MD 20814
-- Guardianship Counsel
Lowenstein Sandler LLP
One Lowenstein Drive
Roseland, NJ 07068
-- Regulatory Counsel
McNees Wallace & Nurick LLC
P.O. Box 1166
Harrisburg, PA 17108
-- Sales Tax Filings and Sales Tax Refund Claims
Ogletree Deakins LLP
Attn: J. Michael McGuire
1 South St., Suite 1800
Baltimore, MD 21202
-- Union Negotiations
Property Valuation Services
12890 Foster St., Ste 370
Overland Park, KS 66213
-- Real Estate /
Personal Property and Appeals: FL, VA, WV, AL, GA
Quatro Tax LLC
3909 Hulen Street, Ste 100
Fort Worth, TX 76107
-- Real Estate /
Personal Property and Appeals: CA, CO, NM, WA, OH, TX
Richards, Layton & Finger, P.A.
One Rodney Square,
920 North King Street,
Wilmington, DE 19801
-- Corporate and Commercial Counsel
Ryan LLC
13155 Noel Road, Ste 100
Dallas, TX 75240
-- Sales Tax Filings and Sales Tax Refund Claims
Seegel Lipshutz & Lo
80 William Street, Suite 200
Wellesley, MA 02481
-- Guardianship and Commercial Counsel
Senior Care Valuation LLC
4 Willow Lane
Old Greenwich, CT 06870
-- Real Estate /
Personal Property Appraisals: CT, NH, RI
Skoloff & Wolfe PC
293 Eisenhower Pkwy
Livington, NJ 07039
-- Real Estate /
Personal Property and Appeals: NJ
SOHO Legal Services Ltd.
1035 Mumma Road, Suite 302
Lemoyne, PA 17043
-- Guardianship Counsel
T Scott Basik PA
Foxleigh Building
Lutherville, MD 21093
-- Real Estate /
Personal Property and Appeals: MD
The Albano Group LLC
48 Constitution Dr.
Bedford, NH 03110
-- Real Estate /
Personal Property and Appeals: NH, VT, ME
The Webb Law Firm
420 Fort Duquesne Blvd., Suite 1200
Pittsburgh, PA 15222
-- Corporate Counsel
Unidas Case Management, Inc.
3301 Cadelaria Road NE, Unit D
Albuquerque, NM 87107
-- Guardianship Counsel
Zipp & Tannenbaum LLC
280 Raritan Center Parkway
Edison, NJ 08837
-- Real Estate /
Personal Property and Appeals: PA
About Genesis Healthcare, Inc.
Genesis Healthcare Inc. is a Medical Group, based in Culver City,
CA. The medical group, which has also operated under the names
Daehan Prospect Medical Group and Prospect Genesis Healthcare,
provides physician services in Southern California.
Genesis Healthcare Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case 25-80185) on July 9, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtor is represented by Marcus Alan Helt, Esq. at Mcdermott
Will & Emery LLP.
GIBSON INC: S&P Downgrades ICR to 'B-', Outlook Negative
--------------------------------------------------------
S&P Global Ratings lowered its rating on Gibson Inc. to 'B-' from
'B'.
Concurrently, S&P lowered the issue-level rating on the company's
$300 million first-lien term loan maturing in August 2028 to 'B-'
from 'B'. The recovery rating on the term loan is '4', indicating
its expectation of average recovery (30%-50%; rounded estimate:
45%) recovery in the event of a payment default.
The negative outlook reflects increased uncertainty around Gibson's
operating performance over the next 12 months due to weaker demand
and higher costs of goods, which could cause EBITDA and cash flow
to decline by more than S&P expects.
The downgrade reflects S&P's expectation for weaker performance in
fiscal 2026. Gibson's revenue in its first fiscal quarter of 2026
(ended June 30, 2025) declined 11.5% (volumes declined 12%,
modestly offset by a 0.5% increase in pricing) leading to S&P
Global Ratings-adjusted EBITDA of $6.6 million--a 64% decline
compared to S&P Global Ratings-adjusted EBITDA of $18.3 million in
the first quarter of fiscal 2025. This increased S&P Global
Ratings-adjusted leverage to 6.4x for the last 12 months ended June
30 from 5.3x at year end. Notably, this was the company's lowest
revenue quarter since prior to 2021. Additionally, the company
generated an FOCF deficit of $8 million in the quarter; it has not
generated a quarterly FOCF deficit since fiscal 2023.
The weak performance stemmed from a temporary halt in imports from
China (Epiphone, Kramer and Steinberger guitars, and KRK
amplifiers) because of the rising tariffs on China imports during
the period; tariff rates reached 145% before dropping to 30% in
mid-May. As a result, the company paused a portion of imports from
China since it could not generate a profit at high tariff levels.
The company opted not to raise prices on the products it did
import, recognizing its more budget-conscious customer base would
pull back on spending as Epiphone guitars (about 25% of its global
net revenue) retail for between $100 and $1,500 per unit.
Additionally, Gibson branded guitars (which are premium guitars
manufactured in the U.S.) contributed to the decline as its
customers, especially smaller dealers, reduced order volumes amid a
weakening macroeconomic environment with greater uncertainty and
lower discretionary spending. However, the company disclosed its
order book for the July period was comparable to last year's order
book, signaling potential volume improvement in the second
quarter.
Gibson's tariff mitigation strategies are less effective than
initially anticipated and price promotions will likely increase,
which will lead to greater gross margin contraction over the next
12 months compared to our prior expectations. S&P said, "We
initially expected the company to utilize duty drawbacks to offset
at least 50% of the incremental tariff cost on imported guitars
from China, since about 15% of the company's total cost of goods
sold are finished goods from China. However, due to ongoing trade
negotiations with the U.S. and Chinese governments, the company is
only able to offset about 33% of the incremental tariff cost. We
now expect gross profit margin will contract about 500 basis points
(bps) in fiscal 2026, with about 170 bps of the contraction related
to additional costs from tariffs on China imports. Our base case
assumes tariffs on China imports into the U.S. remains around
30%."
S&P said, "Further, we anticipate Gibson to offer more discounts
across premium and low-end guitars over the remainder of the year
to compete with Fender Musical Instruments Corp. and the used
guitar market (which we think represents around 40% of the total
guitar market). This will lead to further gross margin contraction
on mix shift to lower-margin products. Notably, Gibson has a
greater focus on premium guitars than Fender, which could cause
Fender to gain share across the mid- and lower price point guitars
as consumers seek value.
"We expect quarterly EBITDA to improve over the remainder of the
year following first-quarter one-off headwinds, although risks
remain due to uncertain trade policy and consumer spending.
Anticipated tariffs drove customers to pull forward inventory to
the fourth quarter of 2025 (ending March 31) from the first quarter
of fiscal 2026, exacerbating first-quarter revenue declines.
Epiphone sales also faced tough year-over-year comparisons, having
benefited from new product launches the year prior. Additionally,
first-quarter sales were more severely impacted by tariff rate
volatility as the company paused a larger percentage of imports
from China, resulting in lower Epiphone, Kramer, Steinberger, and
KRK sales. We expect revenue declines to improve through the
remainder of the year since we believe tariff volatility has
somewhat settled; we expect paused imports will be limited to
entry-level guitars priced below $750. Additionally, the first
quarter is also seasonally weaker, lacking uplift from holiday
sales. The first quarter also saw higher selling, general, and
administrative (SG&A) costs due to one-time retention bonus
payouts. There is potential for another one-time retention payout
to plan participants in the first quarter of fiscal 2027.
"The company anticipates revenue growth in the second half of the
year due to Gibson and other brand volume growth, which is expected
to offset the $7 million in lost sales from lower China imports
over the subsequent three quarters in fiscal 2026. However, we
anticipate mid-single-digit percent revenue declines for the
remainder of the year, with Gibson brand volumes continuing to
decline. The company states demand from its largest retail
customers is stable; however, we believe the majority of its
revenue comes from smaller dealers with less financial flexibility.
We expect these dealers will remain cautious on increasing
inventory levels due to a weaker macroeconomic backdrop with lower
discretionary spending on big-ticket items like guitars. That said,
we believe the company's core customers tend to be professional
musicians, collectors, and long-time guitarists, given that it is
the leader in premium-priced guitars. Therefore, these consumers
may not be as financially stretched as general consumers. Notably,
the company has seen an uptick in e-commerce orders, although this
may only be because its customers have reduced in-store volumes.
"We expect modestly better performance in the third quarter (ending
Dec. 31, 2025) supported by holiday sales, but we forecast steeper
declines in the fourth quarter due to a tough comparable period
from last year's inventory pull-forward ahead of tariff increases.
Nonetheless, it is possible that revenues will decline more than we
forecast if tariff negotiations do not alleviate the ongoing
uncertainty, or if economic conditions worsen more severely than we
expect.
"We anticipate Gibson will maintain adequate liquidity over the
next 12 months. The company ended the first quartet with about $36
million of cash and an undrawn asset-based lending (ABL) facility.
Gibson has $58 million of availability under the ABL facility,
considering its borrowing base and outstanding letters of credit,
which will provide total liquidity of $94 million over the next 12
months. However, we believe about $10 million of cash is
inaccessible as it is tied up in international subsidiaries.
Moreover, we expect the company will continue to generate positive
FOCF in fiscal 2026 and thereafter because it will sustain lower
capital and operating spending to preserve cash flow.
"The company expects to increase letters of credit due to the
tariff increase, which will reduce borrowing capacity under
Gibson's ABL facility. Still, we anticipate capacity will remain
around $58 million at a minimum each quarter, assuming the ABL
remains undrawn. Ultimately though, FOCF may be weaker than
expected, potentially due to weaker profitability or greater
working capital outflows, which could lower total available
liquidity.
"The negative outlook reflects increased uncertainty around
Gibson's operating performance over the next 12 months due to
weaker volumes and higher cost of goods sold, which could cause
EBITDA and cash flow to decline by more than we expect.
"We could lower the rating over the next 12 months if Gibson's
capital structure becomes unsustainable, including if EBITDA
interest coverage falls below 1.5x and FOCF is break-even or
negative." This could occur if:
-- Volumes decline more than expected due to reduced order volumes
from customers or increased competition from discounted brands or
used guitars;
-- Gibson is unable to effectively offset the incremental costs
through its tariff-mitigation strategies, contracting gross margin
further;
-- Gibson fails to sufficiently reduce operating expenses to
offset declining gross profit; or
-- Working capital outflows are larger than expected, potentially
due to excess inventory buildup.
S&P could revise the outlook to stable if the company sustains
EBITDA interest coverage of at least 1.5x while generating positive
FOCF. This could occur if:
-- The company can offset higher costs from tariffs through
mitigation efforts; and
-- The demand for guitars improves due to an improving
macroeconomic environment.
GILLETTE ENTERPRISES: Gets Extension to Access Cash Collateral
--------------------------------------------------------------
Gillette Enterprises, LLC received second interim approval from the
U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, to use cash collateral.
The court's order authorized the Debtor's interim use of cash
collateral until September 23 in accordance with its budget, with a
10% weekly cumulative variance allowed.
The Debtor projects total operational expenses of $285,766 for the
period from July to November.
The Debtor's cash collateral includes, without limitation, cash,
deposit accounts, accounts receivable, and proceeds from business
operations.
As adequate protection for the use of their cash collateral,
lenders including Regions Bank and the U.S. Small Business
Administration were granted a replacement lien on assets similar to
their pre-bankruptcy collateral, with the same extent, validity and
priority as their pre-bankruptcy lien.
In addition, Regions Bank will receive a monthly payment of
$3,990.00, starting this month.
The next hearing is set for September 23.
About Gillette Enterprises
Gillette Enterprises LLC operates a metaphysical retail store in
Sarasota, Florida, offering books, crystals, and specialty gifts
and has been in business since 1992.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 8:25-bk-03803-CPM) on
June 6, 2025. In the petition signed by Anthony Gillette, managing
director, the Debtor disclosed up to $500,000 in assets and up to
$10 million in liabilities.
Judge Catherine Peek McEwen oversees the case.
Alberto F. Gomez, Jr., Esq., at Johnson, Pope, Bokor, Ruppel &
Burns, LLP, is the Debtor's legal counsel.
Regions Bank, as secured creditor, is represented by:
Dana L. Robbins-Boehner, Esq.
Burr & Forman, LLP
201 North Franklin Street
Suite 3200
Tampa, FL 33602
drobbins-boehner@burr.com
mguerra@burr.com
GLOBAL PREMIER: Unsecureds Will Get 100% of Claims in Plan
----------------------------------------------------------
Global Premier Regency Palms Oxnard, LP filed with the U.S.
Bankruptcy Court for the Central District of California a
Disclosure Statement in support of First Amended Plan of
Reorganization dated July 30, 2025.
The Debtor was formed in 2014 to purchase land and develop and
operate an assisted living/memory care facility in Oxnard,
California. GPA #3 is the general partner of, and has complete
decision making control over, the Debtor.
Pursuant to the Court's Dismissal Order, Christine Hanna has full
authority to manage and operate GPA #3, and thus, manage and
operate the Debtor. The Debtor was initially funded with $12
million of investment from foreign investors, who invested in the
Debtor pursuant to a program of the United States government to
allow foreign investors to make investments in the United States in
order to obtain residency status.
The Debtor owns the Property, as well as a 100% equity interest in
Regency Palms, which owns and operates an assisted living facility
on the Property. Regency Palms provides housing and a full spectrum
of care and services to fragile seniors in need of a moderate level
of medical assistance, including specialized memory care for
seniors who suffer from Alzheimer's Disease and other forms of
dementia.
According to the County Assessor's office, the Property has a value
of eight million, three hundred seventeen thousand, seven hundred
and nineteen dollars. Based on the Debtor's recent experience in
trying to secure capital for the Debtor’s facility and similar
facilities owned by affiliates of the Debtor, the Debtor does not
believe that the Property could be sold for an amount that would
exceed the amount owing on the PACE Loan.
Since the commencement of the Case, the Debtor has not
generated/received any income because its tenant (Regency Palms)
has not paid rent based on the terms of its lease with the Debtor.
In particular, pursuant to the terms of the lease, the tenant is
required to pay rent in an amount equal to the Debtor's debt
service obligation.
The Debtor has prepared Projections, which includes cash flow
projections for the Property, along with assumptions on which such
projections are based. The Debtor projects that the net cash flow
from the operations generated from the Property, financing proceeds
and, if necessary, net sales proceeds, will be sufficient to pay
all Allowed Claims in accordance with the treatment of such Allowed
Claims.
The Plan provides that General Unsecured Creditors will receive
100% on account of their Allowed General Unsecured Claim from
income generated from the business operations over five years
and/or the refinancing or sale of the Assets.
Class 6.1 consists of any Allowed General Unsecured Claim other
than those held by a Related Party. Except to the extent that a
member of this Class agrees to a less favorable treatment, each
member of this Class shall receive its Pro Rata share of the Class
6.1 Plan Fund based on each member's Allowed Class 6.1 General
Unsecured Claim relative to all Allowed Class 6.1 General Unsecured
Claims and the Allowed Claim of the member of Class 6.1. Payment
shall be made within later of (i) the first Business Day of the
first full month following the Effective Date, or (ii) the tenth
Business Day after such Claim becomes an Allowed Claim. Class 6.1
is impaired by this Plan.
Class 6.2 consists of any Allowed General Unsecured Claim held by a
Related Party. Except to the extent that a member of this Class
agrees to a less favorable treatment, each member of this Class
shall receive its Pro Rata share of the Class 6.2 Plan Fund based
on each member's Allowed Class 6.2 General Unsecured Claim relative
to all Allowed Class 6.2 General Unsecured Claims and the Allowed
Claim of the member of Class 6.2. Payment shall be made within
later of (i) the first Business Day of the first full month
following the Effective Date, or (ii) the tenth Business Day after
such Claim becomes an Allowed Claim. Class 6.2 is impaired by this
Plan.
The Reorganized Debtor shall make all payments due under the Plan
to holders of Allowed Claims and Allowed Interests from one or more
of the following: (a) Exit Financing of not less than $8,000,000,
which shall consist of new equity financing and such additional
debt and/or equity financing necessary to effectuate the Plan; (c)
any proceeds from the prosecution and/or settlement of Causes of
Action, including Avoidance Actions; and/or (d) proceeds from the
sale or financing of the Reorganized Debtor's business or real
property.
A full-text copy of the Disclosure Statement dated July 30, 2025 is
available at https://urlcurt.com/u?l=BbJyAe from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Garrick A. Hollander, Esq.
Winthrop Golubow Hollander, LLP
1301 Dove Street, Suite 500
Newport Beach, CA 92660
Telephone: (949) 720-4100
Facsimile: (949) 720-4111
Email: ghollander@wghlawyers.com
About Global Premier Regency Palms Oxnard, LP
Global Premier Regency Palms Oxnard LP owns and operates Regency
Palms Oxnard, an assisted living and memory care facility located
at 1020 Bismark Lane in Oxnard, California. The facility offers a
range of services, including assistance for independent residents
and specialized memory care programs developed through extensive
research and experience.
Global Premier Regency Palms Oxnard LP sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10614)
on March 1, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $10 million and $50 million each.
The Debtor is represented by Garrick A. Hollander, Esq., at
WINTHROP GOLUBOW HOLLANDER, LLP.
GRANT PARK: Section 341(a) Meeting of Creditors on September 11
---------------------------------------------------------------
On August 5, 2025, Grant Park Packing Company Inc. filed Chapter
11 protection in the Northern District of Illinois. According to
court filing, the Debtor reports between $1 million and $10
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on September
11, 2025 at 01:30 PM at Appear by Teams.
About Grant Park Packing Company Inc.
Grant Park Packing Company Inc. 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.
Grant Park Packing Company Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-11968) on
August 5, 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 Jacqueline P. Cox handles the case.
The Debtor is represented by David R. Herzog, Esq, at Law Offices
Of David R Herzog.
GREATER LIFE: John Rhyne Named Subchapter V Trustee
---------------------------------------------------
Brian Behr, the U.S. Bankruptcy Administrator for the Eastern
District of North Carolina, appointed John Rhyne as Subchapter V
trustee for Greater Life Church.
Mr. Rhyne will be paid an hourly fee of $375 for his services as
Subchapter V trustee.
Mr. Rhyne disclosed in an affidavit that he does not have an
interest materially adverse to the interest of Fuel Homestead's
estate, creditors or equity security holders.
The Subchapter V trustee can be reached at:
John G. Rhyne
P.O. Box 8327
Wilson, NC 27893
(252) 234-9933
About Greater Life Church
Greater Life Church filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-02972) on
August 4, 2025, with $1,000,001 to $10 million in assets and
liabilities.
Judge David M. Warren presides over the case.
Joseph Zachary Frost, Esq., at Buckmiller & Frost, PLLC represents
the Debtor as legal counsel.
GREATER LIFE: Section 341(a) Meeting of Creditors on September 15
-----------------------------------------------------------------
On August 4, 2025, Greater Life Church filed Chapter 11
protection in the Eastern District of North Carolina. According to
court filing, the Debtor reports between $1 million and $10
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on September
15, 2025 at 10:00 AM at Zoom 341 Meeting Raleigh.
About Greater Life Church
Greater Life Church operates as a Christian congregation located in
Winston-Salem, North Carolina. It provides worship services and
religious programs at 5095 Lansing Drive.
Greater Life Church sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-02972 on August 4,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge David M. Warren handles the case.
The Debtor is represented by Joseph Z. Frost, Esq. at BUCKMILLER &
FROST, PLLC.
GREATER LIGHT: Case Summary & Five Unsecured Creditors
------------------------------------------------------
Debtor: Greater Light Baptist Church of Sacramento
d/b/a The Light Christian Church
d/b/a Greater Light Church
d/b/a Greater Light Baptist Church
7257 E. Southgate Drive
Sacramento, CA 95823
Case No.: 25-24136
Business Description: Greater Light Baptist Church of
Sacramento dba The Light Christian Church
(TLCC) is a Sacramento-based ministry
focused on practical, spirit-filled teaching
of the Word of God. Led by Pastor O.J.
Swanigan, TLCC aims to help individuals
discover and walk in their purpose to
strengthen the Body of Christ. Worship
services are joyful yet reverent,
emphasizing God's presence and praise as a
lifestyle.
Chapter 11 Petition Date: August 6, 2025
Court: United States Bankruptcy Court
Eastern District of California
Judge: Hon. Christopher D Jaime
Debtor's Counsel: Michael Jay Berger, Esq.
LAW OFFICES OF MICHAEL JAY BERGER
9454 Wilshire Boulevard, 6th Floor
Beverly Hills, CA 90212
Tel: (310) 271-6223
Email: michael.berger@bankruptcypower.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Pastor O.J. Swajigan as
president/pastor.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/LMGHRSY/Greater_Light_Baptist_Church_of__caebke-25-24136__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's Five Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Employment Development Dept Taxes $2,687
Bankruptcy Group,
MIC 92E
PO Box 826806
Sacramento, CA
94206-0001
2. Everest Business Funding Merchant $22,267
102 W 38th Street Cash Advance
6th Floor
New York, NY 10018
3. Internal Revenue Service Unpaid Taxes $26,450
P.O. Box 7346
Philadelphia, PA
19101-7346
4. Law Offices of Gabriel Legal Fees $45,599
Liberman, APC
1545 River Park Dr.
Ste. 530
Sacramento, CA 95815
5. Liquidibee, LLC Unsecured Loan $23,398
295 Madison Ave.
22nd Floor
New York, NY 10017
HARDING BELL: Gets Interim OK to Use Cash Collateral Until Sept. 30
-------------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division granted Harding Bell International, Inc. interim authority
to use cash collateral of Cogent Bank and SouthState Bank.
The interim order authorized the Debtor to use cash collateral
through September 30 as per its budget, with a 10% variance
allowed.
The budget projects total operational expenses of $2,609,415 for
the period from July to December.
As adequate protection, Cogent and SouthState will be granted a
replacement lien on assets acquired by the Debtor after its Chapter
11 filing similar to their pre-bankruptcy collateral. The
replacement lien will have the same validity, priority and extent
as the secured creditors' pre-bankruptcy lien.
In addition, SouthState Bank and Cogent Bank will receive monthly
payments of $14,367 and $35,131, respectively, starting this month
and until further order or confirmation of the Debtor's Chapter 11
plan.
The secured creditors may assert administrative claims under
Section 507(b) if liens do not fully protect against diminution in
collateral value.
The next hearing is scheduled for September 30.
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.
Judge Roberta A. Colton handles the case.
Aaron A. Wernick, Esq., at Wernick Law, PLLC is the Debtor's legal
counsel.
SouthState Bank, as secured creditor, is represented by:
Christian P. George, Esq.
Akerman LLP
50 North Laura Street, Suite 3100
Jacksonville, FL 32202
Phone: (904) 798-3700
Fax: (904) 798-3730
christian.george@akerman.com
Cogent Bank, as secured creditor, is represented by:
Bradley M. Saxton, Esq.
Winderweedle, Haines, Ward & Woodman, P.A.
329 North Park Avenue, 2nd Floor
P.O. Box 880
Winter Park, FL 32790-0880
Phone: (407) 423-4246
Fax: (407) 645-3728
Bsaxton@whww.com
HARP AND CLOVER: Seeks Approval to Tap Jason D. Gray as Accountant
------------------------------------------------------------------
Harp and Clover, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Alabama to employ Jason Gray, CPA, PC
as accountant.
The firm will assist the Debtor in the preparation of tax returns
and any related accounting matters.
The firm will be billed at $2,500 each for the 2023 and 2024
returns, and a lesser rate for any other unknown matters which may
include preparation of payroll tax returns.
Jason Gray, CPA, disclosed in a court filing that his firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Jason D. Gray, CPA
Jason D. Gray, CPA, PC
340 South 2nd Street
Gadsden, AL 35901
Telephone: (256) 546-4479
About Harp and Clover
Harp and Clover, LLC filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. N.D. Ala. Case No. 25-40308) on
March 6, 2025, listing up to $50,000 in assets and between $100,001
and $500,000 in liabilities.
Judge James J. Robinson oversees the case.
The Debtor tapped Tameria S. Driskill, Esq., at Tameria S.
Driskill, LLC as counsel and Jason Gray, CPA, PC as accountant.
HEAVENLY HOGS: Seeks to Hire Tom Bible Law as Bankruptcy Counsel
----------------------------------------------------------------
Heavenly Hogs Tours, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Tennessee to hire the Law Office
of W. Thomas Bible, Jr. d/b/a Tom Bible Law as counsel.
The firm will render these services:
a. advise the applicants as to their rights, duties, and
powers as debtors-in-possession;
b. investigate and if necessary, institute legal action on
behalf of the Debtor to collect and recover assets of the estate of
the Debtor;
c. prepare and file the statements, schedules, plans, and
other documents and pleadings necessary to be filed by the
applicants in this case;
d. assist and counsel the Debtor in the preparation,
presentation and confirmation of their disclosure statement and
plan of reorganization;
e. represent the Debtor at all hearings, meetings of
creditors, conferences, trials, and other proceedings in this case;
and
f. perform such other legal services as may be necessary in
connection with this case.
The firm will be paid at these rates:
Attorneys $375 per hour
Paralegals $125 per hour
The firm has already drawn down a total of $3,863 against the
$11,738 retainer for the filing fee in the amount of $1,738, and
prepetition fees related work completed in the amount of $2,125.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
W. Thomas Bible, Jr., Esq., a partner at Tom Bible Law, 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:
W. Thomas Bible, Jr., Esq.
Tom Bible Law
6918 Shallowford Road, Suite 100
Chattanooga, TN 37421
Tel: (423) 424-3116
Fax: (423) 553-0639
Email: tom@tombiblelaw.com
About Heavenly Hogs Tours
Heavenly Hogs Tours, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-11901) on July
25, 2025, with $100,001 to $500,000 in assets and liabilities.
Judge Nicholas W. Whittenburg presides over the case.
W. Thomas Bible, Jr., Esq., at the Law Office of W. Thomas Bible,
Jr. represents the Debtor as bankruptcy counsel.
HL PIT STOP: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: HL Pit Stop, LLC
620 Dutch Lake Dr
Howard Lake, MN 55349
Case No.: 25-42571
Business Description: HL Pit Stop LLC operates a convenience-
based retail business that combines a gas
station with food, beverages, and general
merchandise. The Company offers drive-thru
meals, deli items, specialty coffee, snacks,
and convenience store staples, catering to
customers seeking quick service and variety
along commuter routes or travel stops.
Chapter 11 Petition Date: August 7, 2025
Court: United States Bankruptcy Court
District of Minnesota
Judge: Hon. Katherine A Constantine
Debtor's Counsel: Mary Sieling, Esq.
SIELING LAW, PLLC
12800 Whitewater Dr 100, # 3201
Minnetonka MN 55343
Tel: (612) 325-1191
Email: mary@sielinglaw.com
Total Assets: $105,860
Total Liabilities: $2,819,521
The petition was signed by David Rollins as authorized
representative of the Debtor.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/XEEOY6Q/HL_Pit_Stop_LLC__mnbke-25-42571__0001.0.pdf?mcid=tGE4TAMA
HPC VINEBURN: Case Summary & Five Unsecured Creditors
-----------------------------------------------------
Debtor: HPC Vineburn, LLC
18321 Ventura Blvd., Suite 980
Tarzana CA 91356
Business Description: HPC Vineburn, LLC is a single asset real
estate entity as defined under 11 U.S.C.
Section 101(51B), with its principal assets
located at 1919 Vineburn Avenue in Los
Angeles, California. The Company's
operations focus primarily on managing and
holding this real estate asset.
Chapter 11 Petition Date: August 8, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-11455
Judge: Hon. Martin R. Barash
Debtor's Counsel: Michael B. Reynolds, Esq.
SNELL & WILMER L.L.P.
600 Anton Blvd., Suite 1400
Costa Mesa CA 92626
Tel: 714-427-7000
E-mail: mreynolds@swlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Jeffrey Seltzer in his role as managing
member of Highpoint Vineburn, LLC, which serves as the managing
member of HPC Vineburn, LLC.
A full-text copy of the petition, which includes a list of the
Debtor's five unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/MSVI6VQ/HPC_Vineburn_LLC__cacbke-25-11455__0001.0.pdf?mcid=tGE4TAMA
HRHI WIND-DOWN: To Sell Employee Retention Credits
--------------------------------------------------
HRHI Wind-Down LLC and its affiliates seek permission from the U.S.
Bankruptcy Court for the District of Delaware, to sell employee
retention credits (ERC), free and clear from liens, claims,
interests, and encumbrances.
Founded in 1992 in Phoenix, AZ, the Debtors are a manufacturer and
national supplier of high-quality paper products. The Debtors began
as a family-owned business that operated a single converting line,
supplying napkins and bath tissues to local retailers in Phoenix,
Arizona. Since 1992, the Debtors have continuously evolved their
production capacity to produce additional products in a broad range
of configurations to a growing customer base. Over the years, the
Debtors have installed state-of-the-art equipment, including
high-speed converting lines and robots, to strengthen their
production capabilities. Today, the Debtors provide a full range of
paper products -- paper towels, bath tissues, facial tissues and
napkins -- across the value spectrum (from premium to value
products), tailored to meet the specifications and standards of
their customers.
The Debtors' principal business is manufacturing private label
products for their large retail customers -- including, Aldi, Whole
Foods, Trader Joe's, Kroger, and Meijer. This is the "At-Home"
market and comprises 70% of the Debtors' business. Customers
utilize private label products to competitively position their
brand against the premium brands for consumer purchase.
Prior to the Petition Date, the Debtors retained Ryan LLC (Ryan) to
provide tax analysis services, including to assist the Debtors in
determining certain of the Debtors' eligibility to obtain ERCs from
the federal government.
The Debtors filed the chapter 11 cases to pursue a sale of all or
substantially all of their assets with the goal of maximizing the
recovery for their estates and creditors.
Ryan assisted the Debtors and Novo Advisors, LLC with monetizing
the ERCs through a sale. Ryan has intimate knowledge and valuable
expertise with respect to the limited number of potential
purchasers for the ERCs and as a result, was quickly able to
provide Novo with the identity of several potential purchasers.
Four parties executed NDAs which led to the Debtors receiving
letters of interest from 1861 Acquisition and another bidder.
Ultimately, the Debtors selected 1861 Acquisition as the winning
bidder.
1861 Acquisition has agreed, subject to Court approval, to purchase
a 100% participation interest in all of the ERCs of the Debtors in
exchange for a purchase price of $6,116,962.23. The 1861
Acquisition Purchase Price is calculated as 85% of the
Participation Amount. If the Debtors receive approval from the IRS
of any portion of the ERCs prior to the Effective Date of the Sale,
or if any portion of the ERCs is impaired, reduced, and/or
disallowed by the IRS for any reason prior to the Effective Date of
the Sale, the amount of approved or impaired ERCs would be deducted
from the Participation Amount as they would not be sold. The
Debtors also received a letter of intent from another bidder for
the purchase of the ERCs for an amount less than the 1861
Acquisition Purchase Price.
The Debtors believe, in an exercise of their business judgment,
that approval of the Sale of the ERCs to Purchaser will monetize
the ERCs and offer the greatest value to their creditors. Novo and
Ryan solicited offers from various parties for the purchase of the
ERCs. The market for entities willing to purchase the ERCs is
limited, and the Debtors believe the RPA represents the highest
value for the ERCs that is available.
About HRHI Wind-Down LLC
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.
INDIAN CREEK: Seeks to Hire Kutner Brinen Dickey Riley as Counsel
-----------------------------------------------------------------
Indian Creek Express LLC seeks approval from the U.S. Bankruptcy
Court for the District of Colorado to employ Kutner Brinen Dickey
Riley, PC as counsel.
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 herein continuation of pending proceedings and to enjoin and
stay until final decree herein commencement of lien foreclosure
proceedings and all matters; and
(e) perform all other legal services for the Debtor which may
be necessary herein.
The firm will be paid at these hourly rates:
Jeffrey Brinen, Attorney $540
Jenny Fujii, Attorney $440
Jonathan Dickey, Attorney $400
Keri Riley, Attorney $390
Paralegal $100
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $26,738 from the Debtor.
Mr. Dickey 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:
Jonathan M. Dickey, Esq.
Kutner Brinen Dickey Riley, PC
1660 Lincoln Street, Suite 1720
Denver, CO 80264
Telephone: (303) 832-2400
Email: jmd@kutnerlaw.com
About Indian Creek Express LLC
Indian Creek Express LLC provides long-haul freight delivery and
brokerage services from its base in Pierce, Colorado. Founded in
1998, the family-owned Company offers temperature-controlled
shipments across the lower 48 states alongside local and regional
transportation, warehousing and cross-docking, serving the Denver
metro area, Northern Colorado and Southeast Wyoming.
Indian Creek Express LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Colo. Case No. 25-14707) on July 28,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Joseph G. Rosania, Jr. handles the
case.
The Debtor is represented Kutner Brinen Dickey Riley, PC.
INNOVATE CORP: S&P Upgrades ICR to 'CCC', Outlook Negative
----------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on Innovate
Corp. to 'CCC' from 'SD'. At the same time, S&P withdrew the rating
on the prior senior secured notes due 2026.
The negative outlook reflects S&P's expectation that it could lower
its ratings over the next year if S&P expects Innovate to face
liquidity constraints ahead of interest payments and debt
maturities beginning the second half of 2026.
Innovate Corp. recently completed a series of refinancing
transactions, including the exchange of its 8.5% senior secured
notes due February 2026 for 10.5% senior secured notes due 2027.
The maturity extensions and the ability to pay interest-in-kind
(until August 2026) provides near-term liquidity relief, but S&P
continues to view Innovate's capital structure as unsustainable.
The refinancing transactions provide near-term liquidity relief.
Innovate's newly exchanged 10.5%, $360.3 million senior secured
notes due 2027 will pay interest-in-kind (PIK) in August 2025
(already completed, in the form of the higher exchange
consideration) and February 2026 and pay cash interest for the two
payments in August 2026 and February 2027. Through the first half
of 2026, the company will be paying cash interest on its revolving
line of credit, remaining senior secured notes due 2026 &
convertible senior notes due 2026 that were not exchanged and DBM
Global (investee company) debt while interest on all other debt
facilities will be paid in kind, which provides a temporary relief
to the company's operations.
S&P said, "However, we continue to view Innovate's capital
structure as unsustainable and expect the company will largely
depend on favorable business, financial, and economic conditions to
meet its financial commitments in the near term.
"We think Innovate will remain highly leveraged absent potential
asset sales as a source for debt paydown. We estimate the company's
loan-to-value ratio (based on book values) exceeded 200% as of June
30, 2025. Potential paths to lowering leverage include asset
divestures and external capital raises, for example."
The new senior secured notes due 2027 imposes restrictive covenants
on Innovate, limiting its capacity to incur additional debt,
establish liens, distribute dividends, and engage in specified
transactions. It also mandates asset sales yielding a minimum of
$150 million in net proceeds by Feb. 1, 2026. Noncompliance with
these covenants would result in initiating a sale process for DBM
Global.
The company's capital structure post the refinancing transaction
announced on Aug. 4, 2025 includes the following.
Debt from the nonoperating corporate segment:
-- $360.3 million 10.5% senior secured notes due February 2027;
-- $20 million revolving line of credit due in September 2026;
-- $43 million of Continental General Insurance Co. (CGIC)
unsecured notes due in April 2027; and
-- $53.5 million convertible senior notes due March 2027.
Debt from the investee companies:
-- $43.5 million of life science segment debt due in August 2026;
-- $69.7 million of spectrum segment debt due in September 2026;
and
-- $115.2 million of DBM Global debt due May 2030.
S&P said, "Innovate's portfolio only contains unlisted companies,
which we view as an underlying weakness for an investment holding
company. Currently, the majority of Innovate's portfolio value is
its 91% controlling interest in DBM, which is the only portfolio
company expected to make distributions to Innovate in the near
term. Management has stated that it is exploring opportunities to
monetize Innovate's life science business assets. However, we think
the company's concentration in unlisted assets could limit its
ability to monetize them to repay debt or generate additional
liquidity on short notice.
"The negative outlook reflects our expectation that we could lower
our ratings over the next year if we expect Innovate to face
liquidity constraints ahead of interest payments and debt
maturities beginning the second half of 2026."
S&P could lower the ratings over the next 12 months if:
-- S&P believes Innovate has insufficient liquidity to sustain 12
months of operations;
-- If there are delays or difficulties associated with the
company's intention to execute assets sales generating at least
$150 million in net proceeds by February 2026; or
-- S&P expects the company to engage in any further debt
restructurings.
S&P could revise its outlook or raise its ratings on Innovate if
its expect the company could maintain sufficient liquidity for its
operations over the next 12 months and view the company's capital
structure as sustainable.
IWC OIL: Seeks to Hire Cennamo and Werner as Bankruptcy Counsel
---------------------------------------------------------------
IWC Oil & Refinery, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to hire Law Office of
Cennamo and Werner as counsel.
The firm will provide these services:
a. give the Debtor-in-Possession legal advice with respect to
the Debtor's powers and duties in the continued operation of the
business and the management of the funds and property of the
Debtor-in-Possession;
b. prepare on behalf of the Debtor-in-Possession, necessary
pleadings and other documents;
c. advise the Debtor-in-Possession and work with the Debtor's
creditors in an effort to devise a Plan; and
d. perform all other legal services for the
Debtor-in-Possession which may be necessary under Chapter 11 case.
The firm will be paid at these rates:
Steven G. Cennamo $330 per hour
David C. Werner $300 per hour
Legal Assistant $60 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Steven G. Cennamo, Esq., a partner at Law Office of Cennamo and
Werner, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Steven G. Cennamo, Esq.
Law Office of Cennamo and Werner
8546 Broadway, Suite 100
San Antonio, TX 78217
Tel: (210) 905-0529
Fax: (210) 905-4373
About IWC Oil & Refinery LLC
IWC Oil & Refinery LLC is an energy supplier that trades, markets,
and sells petroleum products. The Company operates a vertically
integrated network that includes shipping, storage infrastructure,
and transportation logistics such as marine, rail, and trucking
services. It also provides product sourcing, supply, and consulting
solutions.
IWC Oil & Refinery sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-51378) on June 23,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between $10
million and $50 million.
Judge Craig A. Gargotta handles the case.
The Debtor is represented by Steven G. Cennamo, Esq., at the Law
Office of Cennamo & Werner.
J INTERNATIONAL: Case Summary & 17 Unsecured Creditors
------------------------------------------------------
Debtor: J International Management, LLC
d/b/a Gabi
5808 Spring Mountain Rd., #104
Las Vegas, NV 89146
Business Description: J International Management, LLC, operating
as Gabi Coffee, is a hospitality business
based in Las Vegas, Nevada, that runs a
specialty cafe and bakery at 5808 Spring
Mountain Rd., Suite 104. The Company offers
a blend of traditional oriental and modern
Western-inspired beverages and baked goods,
serving hot and iced drinks alongside
freshly baked bread and various sweet and
savory food items. It operates daily,
providing local customers and visitors a
unique cafe experience combining cultural
aesthetics and fresh bakery products.
Chapter 11 Petition Date: August 8, 2025
Court: United States Bankruptcy Court
District of Nevada
Case No.: 25-14602
Judge: Hon. August B. Landis
Debtor's Counsel: Matthew C. Zirzow, Esq.
LARSON & ZIRZOW, LLC
850 E. Bonneville Ave.
Las Vegas, NV 89101
Tel: 702-382-1170
Fax: 702-382-1169
E-mail: mzirzow@lzlawnv.com
Total Assets: $128,543
Total Liabilities: $4,243,957
The petition was signed by Jang Hyun Kim as manager and member.
A full-text copy of the petition, which includes a list of the
Debtor's 17 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/ZENOZCA/J_INTERNATIONAL_MANAGEMENT_LLC__nvbke-25-14602__0001.0.pdf?mcid=tGE4TAMA
J&D CUSTOMS: Seeks to Hire Joseph R. Seimer CPA as Accountant
-------------------------------------------------------------
J&D Customs LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to hire Joseph R. Seimer, CPA as
accountant.
The accountant will render these services:
a. give the Debtor accounting advise and prepare tax returns;
b. assist the Debtor in reducing its expenses and maximizing
its revenue;
c. assist the Debtor in preparation of operating reports; and
d. assist the Debtor in analyzing and objecting to claims.
The firm's hourly rates are:
Partners $350
Accounting Staff $135
Staff $75
Joseph R. Seimer, CPA is a "disinterested person" as the term is
defined in 11 U.S.C. Sec. 101(14).
The accountant can be reached through:
Joseph R. Seimer
Joseph R Seimer CPA
2061 Deer Park Ave
Deer Park, NY 11729
Phone: (631) 354-5165
About J&D Customs LLC
J&D Customs LLC sought protection for relief under Chapter 11 of
the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-74605) on Dec. 4,
2024.
Judge Robert E Grossman presides over the case.
Marc A Pergament, Esq. at Weinberg, Gross, & Pergament, LLP
represents the Debtor as counsel.
J.D. SAC CONSULTING: Gets Final OK to Use Cash Collateral
---------------------------------------------------------
J.D. SAC Consulting, LLC received final approval from the U.S.
Bankruptcy Court for the Northern District of Georgia, Atlanta
Division, to use cash collateral.
The final order authorized the Debtor to use cash collateral to
fund operations from July 28 until entry of a court order modifying
such authority or confirming a plan of reorganization, whichever
occurs first.
As adequate protection for the Debtor's use of their cash
collateral, lenders will be granted a valid and properly perfected
replacement lien on all property acquired by the
Debtor after its Chapter 11 filing that is similar to their
pre-bankruptcy collateral.
The replacement liens do not apply to any Chapter 5 avoidance
actions.
The Debtor's cash collateral consists of revenue that is
potentially subject to claims by Gulf Coast Bank and Trust Company,
the Internal Revenue Service, and Revenued, LLC. Although Gulf
Coast is believed to hold a first-priority lien, the Debtor
believes that there are currently no outstanding amounts owed.
About J.D. SAC Consulting
J.D. SAC Consulting, LLC is an electrical and lighting contractor
based in Kennesaw, Georgia. It provides commercial electrical
services, lighting upgrades, and EV charger installations across 13
U.S. states. Its clients include major retailers such as Walmart
and Hertz.
J.D. SAC Consulting filed Chapter 11 petition (Bankr. N.D. Ga. Case
No. 25-54195) on April 17, 2025, listing up to $50,000 in assets
and between $1 million and $10 million in liabilities. James
Elbert, managing member, signed the petition.
Judge Jeffery W. Cavender oversees the case.
William Rountree, Esq., at Rountree, Leitman, Klein & Geer, LLC
represents the Debtor as legal counsel.
J4G LLC: Jarrod Martin Named Subchapter V Trustee
-------------------------------------------------
The U.S. Trustee for Region 7 appointed Jarrod Martin, Esq., a
practicing attorney in Houston, as Subchapter V trustee for J4G
LLC.
Mr. Martin will be paid an hourly fee of $650 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Martin declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jarrod B. Martin, Esq.
1200 Smith Street, Suite 1400
Houston, TX 77002
Phone: 713-356-1280
Email: JBM.Trustee@chamberlainlaw.com
About J4G LLC
J4G LLC, doing business as 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
Café & Grocery, Jalepenos and with utility and construction
services under the name Mercer Contracting.
J4G sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34347) on July 30,
2025. In its petition, the Debtor reported total assets of $220,827
and total debts of $1,264,037.
Honorable Bankruptcy Judge Jeffrey P. Norman handles the case.
The Debtor is represented by Robert C. Lane, Esq., at The Lane Law
Firm.
JERK PIT: Gets Final OK to Use Cash Collateral
----------------------------------------------
The Jerk Pit, LLC received final approval from the U.S. Bankruptcy
Court for the District of Columbia to use cash collateral to fund
its operations.
The final order authorized the Debtor to utilize the cash
collateral of its secured lenders, including the U.S. Small
Business Administration, Washington Area Community Investment Fund,
Celtic Bank and WebBank, and merchant cash advance lenders.
The lenders' cash collateral includes bank accounts and cash, much
of which consists of the proceeds of receivables from various
transaction processors. These receivables arise in the ordinary
course of business from in-store and online transactions, and have
been pledged or sold, at least in part, to the lenders.
SBA has a senior lien on most of the pre-bankruptcy assets of the
Debtor, including pre-bankruptcy receivables. Its claim is likely
to be undersecured such that it is entitled to adequate protection
against diminution in the value of its collateral.
As adequate protection, the lenders will be granted a valid,
perfected security interest in all receipts and receivables that
arise from the Debtor's business on or after the petition date and
any traceable proceeds of post-petition receivables.
As further protection, the lenders will be granted an allowed
administrative claim against the Debtor, with priority over all
other administrative claims.
To the extent that any creditor has a valid, perfected
pre-bankruptcy security interest or other property interest in the
lenders' collateral, the "adequate protection" liens granted to the
lenders will be junior in priority to such interest. The "adequate
protection" liens do not apply to any Chapter 5 causes of action.
Meanwhile, the Debtor was ordered to continue its monthly payments
of $1,562.50 to SBA as additional protection.
The Debtor's authorization to use cash collateral terminates upon
conversion of the Debtor's Chapter 11 case to one under Chapter 7,
provided that the dismissal of the Debtor's case or termination or
lapse of authority to use cash collateral will not impair the
Debtor's authorization to pay the fee carveout.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/qJGAU from PacerMonitor.com.
About The Jerk Pit
The Jerk Pit, LLC is a Caribbean restaurant business operating in
College Park, Maryland.
The Jerk Pit sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.C. Case No. 25-00201) on May 28,
2025. In its petition, the Debtor reported between $1 million and
$10 million in assets and liabilities.
Judge Elizabeth L. Gunn handles the case.
The Debtor is represented by:
John Gordon Colan, Jr., Esq.
Sinoberg Raft
Tel: 804-513-1566
Email: john.colan@sinobergraft.com
JUS BROADCASTING: Court Extends Cash Collateral Access to Nov. 7
----------------------------------------------------------------
Jus Broadcasting Corporation and its affiliates received another
extension from the U.S. Bankruptcy Court for the Eastern District
of New York to use cash collateral.
The court's fourth interim order authorized Jus Broadcasting, Jus
Punjabi LLC, and Jus One Corp., to use cash collateral from August
1 to November 7 to fund operations in accordance with a
court-approved budget.
During the interim period, secured creditors JPMorgan Chase Bank
and CESC-COVID EIDL Service Center will receive $4,000 per month
and $3,500 per month, respectively, as adequate protection for the
Debtors' use of their cash collateral.
The next hearing is scheduled for November 5.
The Debtors' cash collateral includes assets in which JPMorgan and
CESC-COVID EIDL Service Center have liens or security interests.
Jus Broadcasting entered into a secured line of credit borrowing
with JPMorgan in 2020, and a $2 million loan agreement with
CESC-COVID EIDL Service Center in 2021.
A copy of the Debtor's budget is available at
https://shorturl.at/FgQYC from PacerMonitor.com.
About Jus Broadcasting Corp
Jus Broadcasting Corp sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. N.Y. Case No. 1-24-45180-jmm) on
December 11, 2024. In the petition signed by Penny K, Sandthu,
president and sole principal, the Debtor disclosed up to $500,000
in assets and up to $10 million in liabilities.
Leo Fox, Esq., at Law Office of Leo Fox, Esq., is the Debtor's
bankruptcy counsel.
JPMorgan Chase Bank N.A., as secured creditor, is represented by:
A. Albert Buonamici, Esq.
Buonamici & LaRaus, LLP.
222 Bloomingdale Road
Suite 301
White Plains, NY 10605
(914) 288-9200
KDZ REALTY: Seeks to Hire Conway Law Group as Bankruptcy Counsel
----------------------------------------------------------------
KDZ Realty, LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Virginia to hire Conway Law Group PC as
attorneys.
The firm's services include:
a. advising the Debtor of its rights and obligations under the
Bankruptcy Code;
b. preparing all necessary pleadings, motions, and filings;
c. representing the Debtor in all proceedings before the
Court;
d. assisting with potential asset sales and negotiations; and
e. supporting the formulation and confirmation of a Chapter 11
Plan.
The firm's hourly billing rates are:
Attorneys $550
Paralegals $200
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Conway 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:
Martin C. Conway, Esq.
Conway Law Group, PC
1320 Central Park Blvd., #200
Fredericksburg, VA 22401
Tel: (855) 848-3011
Fax: (575) 385-3334
Email: martin@conwaylegal.com
About KDZ Realty LLC
KDZ Realty, LLC is a Richmond-based real estate company that
operates in the real estate sector (NAICS code 5311) with its
principal place of business at 2204 Redd Street, Richmond, Va.
KDZ Realty sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Va. Case No. 25-32924) on July
24, 2025. In its petition, the Debtor reported estimated assets
between $500,000 and $1 million and estimated liabilities between
$100,000 and $500,000.
The Debtor is represented by Martin C. Conway, Esq., at Conway Law
Group, PC.
KEHE DISTRIBUTORS: S&P Downgrades ICR to 'B', Outlook Stable
------------------------------------------------------------
S&P Global Ratings lowered the issuer credit rating to 'B' from
'B+', the issue-level rating on Illinois-based organic and
specialty foods distributor KeHE Distributors Holdings LLC's ABL
facility to 'BB-' from 'BB', and the issue-level rating on the
company's secured notes to 'B-' from 'B'. The '1' and '5' recovery
ratings, respectively, are unchanged.
The stable outlook reflects S&P's expectation for modest
improvement in adjusted EBITDA margin to the high-4% area and S&P
Global Ratings-adjusted leverage to remain in the mid-5x area over
the next 12 months."
KeHE Distributors Holdings LLC announced the repurchase of the
remaining ownership stake held by minority sponsor TowerBrook,
funding the transaction with its asset-based lending (ABL)
facility.
S&P said, "We expect the incremental borrowings will delay the
company's deleveraging, leading to S&P Global Ratings-adjusted
leverage in the mid-5x area through fiscal 2026 (ending April
2027).
"The downgrade reflects our expectation for S&P Global
Ratings'-adjusted leverage to remain elevated in the mid-5x area
through fiscal 2026 due to the repurchase of TowerBrook's remaining
equity stake. On May 23, 2025, after the close of its fiscal 2025
(ended May 3, 2025), KeHE exercised its right to the call the
remainder of outstanding class B shares owned by TowerBrook for
$135 million. The execution of the buyback also triggered a $165
million payout of deferred purchase obligations under its 2020 long
term incentive plan (LTIP) and the redemption of its class C shares
for $21 million. Given the use of its ABL to fund the transaction,
we expect leverage will remain elevated at 5.6x through fiscal
2026. While this represents an improvement from elevated leverage
of 6.8x and 5.8x is fiscal years 2024 and 2025, respectively,
current and forecast leverage are outside the range for the prior
rating and are higher than the company's target. KeHE maintains a
long-term net leverage target of less than 3.0x (company-adjusted;
equated to 3.3x in fiscal 2025), which it now expects to achieve by
fiscal year-end 2027 through EBITDA growth and partial repayment of
ABL borrowings.
"We expect KeHE will expand S&P Global Ratings-adjusted EBITDA
margins to the high-4% area in fiscal-year 2026. The company
reported a 70 basis-point (bp) improvement in adjusted EBITDA
margin to 4.5% in fiscal 2025 due to sales leverage, operational
improvements, and broad cost management initiatives. We expect an
additional 30-bp margin expansion in fiscal 2026 as further sales
leverage (we forecast 6%-7% annual topline growth, supported by
expanding business with existing customers and industry tailwinds)
and transportation and warehouse productivity gains more than
offset gross margin pressure. KeHE's gross margin continues to be
negatively affected by an unfavorable shift in its sales mix due to
an outsized increase in its business with its largest customer,
which has below-corporate-average margins. Our base case assumes
the company enters a long-term contract with Sprouts, following its
recently announced short-term extension.
"We expect relatively thin cash flow after settling its mandatory
Employee Stock Ownership Plan (ESOP) repurchase obligations.
Although KeHE generates significant reported free operating cash
flow (FOCF), the company faces large mandatory repurchase
obligations associated with its ESOP ownership structure. In fiscal
2025, the company generated reported FOCF of more than $100 million
before ESOP repurchase obligations of $121 million. In fiscal years
2026 and 2027, we forecast annual reported FOCF (excluding the
previously described $165 million settlement of deferred purchase
obligations) of $175 million-$200 million before annual ESOP
repurchase obligations of $160 million-$190 million. These
obligations have historically constituted 20%-30% of adjusted
EBITDA. We expect it will use most remaining free cash flow for
debt repayment and business investment.
"Despite its leading position in the growing specialty natural and
organic (N&O) segment of food retailing, KeHE faces challenges due
to its relatively small scale and customer concentration in the
wholesale distribution industry. The N&O and specialty foods
segments has materially outpaced the growth of conventional food
products over the last decade due to changing consumer tastes and
preferences. We expect KeHE, the second-largest distributor of N&O
products in the U.S., will continue to benefit from these trends.
While we recognize the progress KeHE has achieved in expanding its
scale over the last few years, we believe the company lacks the
purchasing power and reach of its larger competitors, including
United Natural Foods (UNFI) and C&S Wholesale Grocers. In addition,
its sales remain concentrated, with its three largest accounts
representing more than 50% of total sales in fiscal 2025 and the
largest customer accounting for about 30% of total net sales. As a
result of its position relative to peers, we have revised our
comparable ratings analysis modifier to neutral from positive.
"The stable outlook reflects our expectation for a modest
improvement in leverage to the mid-5x area in fiscal 2026, with
support from sales momentum and incremental margin expansion."
S&P could lower its rating on KeHE if adjusted leverage increases
and remains above 6x and the company is unable to generate positive
cash flow after settling its mandatory ESOP repurchase obligations.
This could occur if:
-- Its operating results weaken due to increased competitive
pressures or if the company is unable to sufficiently offset growth
in its lower-margin business with other income sources; or
-- The company adopts a more aggressive financial policy.
S&P could raise its rating on KeHE if it improves and maintains
adjusted leverage below 5x and demonstrates more meaningfully
positive cash flow after settling its mandatory ESOP repurchase
obligations. This could occur if:
-- The company continues to scale its business with existing and
new customers and executes on its operating initiatives, leading to
incremental margin expansion; and
-- It demonstrates a commitment to its financial policy, including
through partial repayment of borrowings under its ABL.
KOZUBA & SONS: Gets Interim OK to Use Cash Collateral Until Aug. 21
-------------------------------------------------------------------
Kozuba & Sons Distillery, Inc. received eleventh interim approval
from the U.S. Bankruptcy Court for the Middle District of Florida,
Tampa Division to use cash collateral in accordance with its
projected budget.
The Debtor was authorized to use cash collateral to pay (i) amounts
expressly authorized by the court, including any required monthly
payments to the Subchapter V trustee; (ii) the current and
necessary expenses set forth in the budget, plus an amount not to
exceed 10% for each line item; and (iii) additional amounts subject
to approval by its lenders.
Each creditor with a security interest in cash collateral will have
a perfected post-petition lien on cash collateral to the same
extent and with the same validity and priority as its
pre-bankruptcy lien.
The Debtor will keep its property insured in accordance with its
loan agreements with lenders.
The next hearing is scheduled for August 21.
The Debtor's primary secured obligations consist of amounts owed to
VFS, LLC in the approximate amount of $284,000, and Crown Equipment
Corporation in the approximate amount of $12,650. While both VFS
and Crown Equipment filed financing statements, it appears that
only Crown asserts an interest in cash collateral as that term is
defined in 11 U.S.C. Section 363(a).
About Kozuba & Sons Distillery
Kozuba & Sons Distillery, Inc., a company in Pinellas Park, Fla.,
filed a petition under Chapter 11, Subchapter V of the Bankruptcy
Code (Bankr. M.D. Fla. Case No. 24-01003) on February 28, 2024,
with $1 million to $10 million in both assets and liabilities.
Jakub Kozuba, vice president of Kozuba & Sons, signed the
petition.
Judge Roberta A. Colton presides over the case.
Scott A. Stichter, Esq., at Stichter, Riedel, Blain & Postler, P.A.
is the Debtor's legal counsel.
VFS, LLC, as lender, is represented by:
Ryan C. Reinert, Esq.
Bridget M. Dennis, Esq.
Shutts & Bowen, LLP
4301 W. Boy Scout Blvd., Suite 300
Tampa, FL 33607
Telephone: (813) 229-8900
rreinert@shutts.com
bdennis@shutts.com
L.D. LYTLE: Gets Interim OK to Use Cash Collateral
--------------------------------------------------
L.D. Lytle, Inc. received second interim approval from the U.S.
Bankruptcy Court for the Northern District of Texas, Dallas
Division to use cash collateral.
The Debtor needs to use cash collateral to continue operating its
child-care business. It owns three daycare facilities, two of which
are currently operational in Ennis and Ferris, Texas, while the
third is completed but not yet open.
The court's order authorized the Debtor's interim use of cash
collateral through August 20 to pay the expenses set forth in its
budget, with a 15% variance allowed per line item and overall.
The Debtor projects total monthly operational expenses of
$87,868.93.
The U.S. Small Business Administration, Texas Capital Bank, Purple
Tree Funding, and Global Merchant Cash, Inc. are the secured
lenders claiming liens on the Debtor's personal property including
accounts.
As adequate protection for any diminution in the value of their
pre-bankruptcy collateral, the secured lenders will be granted
valid, binding, enforceable, and perfected liens co-extensive with
their pre-bankruptcy liens on all assets of the Debtor.
The final hearing is scheduled for August 20.
About L.D. Lytle Inc.
L.D. Lytle Inc., doing business as Sunshine Kids Academy, operates
early childhood education and daycare centers in Texas. It provides
childcare services at locations in Ennis, Ferris, and Red Oak.
L.D. Lytle sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-32454) on June
30, 2025. In its petition, the Debtor reported between $1 million
and $10 million in assets and liabilities.
Judge Michelle V. Larson handles the case.
Joyce W. Lindauer, Esq., at Joyce W. Lindauer Attorney, PLLC is the
Debtor's legal counsel.
Texas Capital Bank, as secured lender, is represented by:
Richard G. Dafoe, Esq.
Waddell Serafino Geary Rechner Jenevein, PC
1717 Main Street, Suite 2500
Dallas, TX 75201
Telephone: (214) 979-7400
Telecopier: (214) 979-7402
rdafoe@wslawpc.com
LAID RIGHT: Seeks to Hire Johnsons Accounting as Accountant
-----------------------------------------------------------
Laid Right Site Development, Inc. seeks approval from the U.S.
Bankruptcy Court for the Eastern District of North Carolina to
employ Johnsons Accounting and Tax Services, Inc. as accountant.
The firm will provide the ongoing bookkeeping services and
bi-weekly payroll.
The firm has agreed to provide these services on a flat fee basis
and has agreed to accept $950 to complete the work.
Johnsons Accounting and Tax Services is a "disinterested person"
within the meaning of 11 U.S.C. Sec. 101(14), according to court
filings.
The firm can be reached through:
Connie S. Johnson, EA
Johnson's Accounting
and Tax Services, Inc.
347 Wilson Rd
Sanford, NC 27332
Phone: (919) 774-3904
About Laid Right Site Development
Laid Right Site Development, Inc. is a site development contractor
specializing in grading and utility services. It operates in North
Carolina, with locations in Jefferson and Sanford. Its services
support infrastructure and construction projects across the
region.
Laid Right Site Development sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No.
25-01607) on April 30, 2025. In its petition, the Debtor reported
between $1 million and $10 million in assets and up to $50,000 in
liabilities.
The Debtor is represented by JM Cook, Esq. at J.M. Cook, P.A.
LAKE COUNTY: Court Extends Cash Collateral Access to Aug. 28
------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois
extended Lake County Hospitality, LLC's authority to use cash
collateral to August 28.
The court's third order authorized the Debtor's interim use of cash
collateral to pay operating expenses in accordance with its budget,
with 10% budget variance allowed.
As protection, Albany Bank & Trust Company, N.A, a senior secured
creditor, was granted replacement liens on all of the categories
and types of collateral in which it held a security interest and
lien as of the petition date. This includes, without limitation,
cash in the possession of Debtor resulting from its operations and
the proceeds thereof.
The next hearing is set for August 27. Objections are due by August
25.
Albany holds a lien on the Debtor's assets, including its hotel
property located at 900 W. Lake Cook Road in Buffalo Grove, Ill.
These assets secure a loan balance of approximately $4.8 million.
Albany, as senior secured creditor, is represented by:
David A. Golin, Esq.
Saul Ewing, LLP
161 North Clark Street, Suite 4200
Chicago, IL 60601
Phone: (312) 876-7100
david.golin@saul.com
About Lake County Hospitality
Lake County Hospitality, LLC operates in the hotel and lodging
sector and is associated with properties in Illinois. It manages
hospitality assets and has been linked to hotels such as Four
Points by Sheraton in Buffalo Grove.
Lake County Hospitality sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08293) on May 30,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Timothy A. Barnes handles the case.
Paul M. Bach, Esq., at Bach Law Offices is the Debtor's bankruptcy
counsel.
LEGACY NORTH: Seeks Chapter 7 Bankruptcy w/ Up to $10MM Debt
------------------------------------------------------------
Yun Park of Law360 reports that Legacy North Royalton Operating
Company LLC, a nursing home operator, has filed for Chapter 7
liquidation in Ohio bankruptcy court, reporting assets and
liabilities each estimated between $1 million and $10 million.
About Legacy North Royalton Operating Company LLC
Legacy North Royalton Operating Company LLC is a nursing home
operator.
Legacy North Royalton Operating Company LLC sought relief under
Chapter 7 of the U.S. Bankruptcy Code (Bankr. S.D. Ohio Case No.
25-31566) on August 05, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Bankruptcy Judge Tyson A. Crist handles the case.
The Debtor is represented by Richard K. Stovall, Esq. at Allen
Stovall Neuman & Ashton LLP.
LINQTO TEXAS: Hires Sullivan & Cromwell as Corporate Counsel
------------------------------------------------------------
Linqto Texas, LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Sullivan & Cromwell LLP as special regulatory and corporate
counsel.
The firm will render these services:
(a) advice and assistance with respect to securities law
matters;
(b) advice and assistance with respect to criminal and civil
regulatory investigations; and
(c) advice and assistance with respect to other matters as the
Debtors may request from time to time; in each case without
duplication of the services of any other Debtor professional.
S&C's billing rates are:
Counsel and Partners $1,850 to $2,625
Associates $945 to $1,750
Legal Assistants $500 to $690
The firm received a retainer in the amount of $350,000.
Pursuant to paragraph D, section 1 of the U.S. Trustee Guidelines,
S&C responds to the questions set forth therein as follows:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: Yes. S&C does not ordinarily determine its fees solely
on the basis of hourly rates. For the purposes of its engagement by
the Debtors, S&C has agreed that it will charge for services
performed during these Chapter 11 Cases, and will apply to the
Court for approval of such charges, on the basis of the hourly
rates described in this Declaration. The hourly rates are the same
or less than the hourly rates used by S&C when preparing estimates
of fees under its normal billing practices. In particular, the
rates for the more senior timekeepers for each class represent a
discount from the rates currently used by S&C when preparing
estimates of fees under its normal billing procedures for
non-bankruptcy engagements.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Response: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post petition, explain the
difference and the reasons for the difference.
Response: S&C does not ordinarily determine its fees solely on
the basis of hourly rates. Prior to the Petition Date, S&C
performed services for the Debtors and was compensated for its
services at rates that reflect all of the factors prescribed by
rule 1.5(a) of the New York Rules of Professional Conduct,
including the firm's contribution to the relevant matter, the
responsibility assumed, the results achieved, the difficulty and
complexity of the matter, the amount involved, the experience of,
and demands on, the lawyers involved and the fees customarily
charged for such matters consistent with S&C's practice for
non-bankruptcy engagements. Following the Petition Date, S&C's
billing rates will range from $1,850 to $2,625 per hour for
partners and counsel, $945 to $1,750 per hour for associates and
$500 to $690 per hour for paralegals.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Response: S&C has discussed its anticipated scope of services
with the Debtors and expects to submit for approval by the Debtors
a prospective budget and staffing plan on a monthly basis for the
duration of these Chapter 11 Cases.
Dalia O. Blass, Esq., a partner at Sullivan & Cromwell, disclosed
in a court filing that his firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Dalia O. Blass, Esq.
Sullivan & Cromwell, LLP
125 Broad Street
New York, NY 10004-2498
Tel: (212) 558-4000
Fax: (212) 558-3588
Email: blass@sullcrom.com
About Linqto Inc.
Linqto Inc. is a San Jose-based financial technology company
operating in the alternative investment space.
Linqto Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90187) on July 7, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $500 million and $1 billion.
Judge Alfredo R. Perez oversees the case.
The Debtor is represented by Gabrielle A. Hamm, Esq. at Schwartz,
PLLC. Breakpoint Partners LLC is the Debtor's restructuring
advisor. Epiq Corporate Restructuring, LLC is the Debtor's claims
agent. ThroughCo Communications, LLC is the Debtor's public
relations agent.
LINQTO TEXAS: Seeks to Hire Jefferies LLC as Investment Banker
--------------------------------------------------------------
Linqto Texas, LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Jefferies LLC as their investment banker.
The firm will render these services:
(a) Restructuring. Jefferies will:
(i) provide advice and assistance to the Company in
connection with analyzing, structuring, negotiating and effecting,
and acting as exclusive investment banker to the Company in
connection with any restructuring, reorganization,
recapitalization, repayment or material modification of the
Company's outstanding indebtedness or obligations (including,
without limitation, any preferred equity), however achieved,
including, without limitation, through any offer by the Company
with respect to any outstanding Company indebtedness or
obligations, a solicitation of votes, approvals, or consents giving
effect thereto (including with respect to a prepackaged or
prenegotiated plan of reorganization or other plan pursuant to
chapter 11, Title 11 of the United States Code (the "Bankruptcy
Code")), the execution of any agreement giving effect to the same,
an offer by any third party to convert, exchange or acquire any
outstanding Company indebtedness or obligations, or any similar
balance sheet restructuring involving the Company (any of the
foregoing, a "Restructuring"); and
(ii) perform the following investment banking services, among
others, for the Company in connection with a Restructuring: (A)
becoming familiar with, to the extent Jefferies deems appropriate,
and analyzing, the business, operations, properties, financial
condition and prospects of the Company; (B) advising the Company on
the current state of the "restructuring market"; (C) assisting and
advising the Company in developing a general strategy for
accomplishing a Restructuring; (D) assisting and advising the
Company in implementing a Restructuring; (E) assisting and advising
the Company in evaluating and analyzing a Restructuring, including
the value of the securities or debt instruments, if any, that may
be issued in any such Restructuring; and (F) rendering such other
investment banking services as may from time to time be agreed upon
by the Company and Jefferies.
(b) M&A Transaction. Furthermore, during the term of the
Engagement Letter, and as mutually agreed upon by Jefferies and the
Company, Jefferies will provide the Company with financial advice
and assistance in connection with a possible sale, disposition or
other business transaction or series of transactions involving all
or a material portion of the equity or assets of one or more
entities comprising the Company, including, for the avoidance of
doubt and without limitation, the Funds, whether directly or
indirectly and through any form of transaction, including, without
limitation, merger, reverse merger, liquidation, stock sale, asset
sale, asset swap, recapitalization, reorganization, consolidation,
amalgamation, spinoff, split-off joint venture, strategic
partnership, license, a sale under section 363 of the Bankruptcy
Code (including any "credit bid" made pursuant to section 363(k) of
the Bankruptcy Code and including under a prepackaged or
pre-negotiated plan of reorganization or other plan pursuant to the
Bankruptcy Code) or other transaction (any of the foregoing, an
"M&A Transaction").
(c) Financing. During the term of the Engagement Letter, and as
mutually agreed upon by Jefferies and the Company and as
appropriate, Jefferies will provide the Company with financial
advice and assistance in connection with the arrangement and/or
placement of any debtor-in-possession financing, whether secured or
unsecured, including, without limitation, the issuance of any
securities and/or entry into any bank debt and/or other credit
facility (any of the foregoing a "DIP Financing" and a DIP
Financing, a Restructuring and an M&A Transaction, each and
together, a "Transaction"). For the avoidance of doubt, if a DIP
Financing is executed in more than one issuance or tranche, each
shall be deemed to be a DIP Financing for the purposes of the
Engagement Letter.
The firm will be compensated as follows:
(a) Monthly Fee. A monthly fee (the "Monthly Fee") equal to
$125,000 per month until the termination of the Engagement Letter.
The first Monthly Fee shall be payable as of the date of the
Engagement Letter and each subsequent Monthly Fee shall be payable
on each monthly anniversary thereafter. Commencing with the fourth
full Monthly Fee actually paid under the Engagement Letter, an
amount equal to 50 percent of the Monthly Fees actually paid to
Jefferies shall be credited once, without duplication, against any
Restructuring Fee or M&A Transaction Fee that subsequently becomes
payable to Jefferies under the Engagement Letter.
(b) Restructuring Fee. Promptly upon the consummation of a
Restructuring, a fee (a "Restructuring Fee") in an amount equal to
$2,500,000.
(c) M&A Transaction Fee. Promptly upon the consummation of an
M&A Transaction, a fee (an "M&A Transaction Fee") equal to 2.0
percent of the Transaction Value of such M&A Transaction; provided,
however, to the extent an M&A Transaction solely involves assets of
one or more of the Funds, the M&A Transaction Fee payable on
account of such M&A Transaction shall be equal to (i) 4.0 percent
of the portion of Transaction Value of such M&A Transaction less
than or equal to $10,000,000, plus (ii) 3.0 percent of the portion
of Transaction Value of such M&A Transaction greater than
$10,000,000 and less than or equal to $20,000,000, plus (iii) 2.0
percent of the portion of Transaction Value of such M&A Transaction
greater than $20,000,000. It is expressly understood that in the
event that more than one M&A Transaction shall occur, a separate
M&A Transaction Fee shall be payable in respect of each M&A
Transaction. Notwithstanding the foregoing, to the extent an M&A
Transaction Fee is calculated based upon the Transaction Value of
an M&A Transaction and the Transaction Value of such M&A
Transaction includes any contingent consideration or consideration
paid in installments, the M&A Transaction Fee allocable to such
contingent consideration or installments shall be paid to Jefferies
when such contingent consideration or installments is received by
the Company, its creditors or other stakeholders.
(d) DIP Financing Fee. Promptly upon consummation of a DIP
Financing, a fee (a “DIP Financing Fee”) equal to 2.0% of the
aggregate amount committed in connection with such DIP Financing.
(e) Expenses. In addition to any fees that may be paid to
Jefferies under the Engagement Letter, whether or not any
Transaction occurs, the Company will reimburse Jefferies, promptly
upon receipt of an invoice therefor, for all out-of-pocket expenses
(including ancillary expenses and fees and expenses of its counsel
and any other independent experts retained by Jefferies) incurred
by Jefferies and its designated affiliates in connection with the
engagement contemplated under the Engagement Letter.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Michael O'Hara, a co-head of us and a managing director in the Debt
Advisory & Restructuring Group at Jefferies LLC, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Michael O'Hara
Jefferies LLC
520 Madison Avenue
New York, NY 10022
Tel: (212) 284-2300
About Linqto Inc.
Linqto Inc. is a San Jose-based financial technology company
operating in the alternative investment space.
Linqto Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90187) on July 7, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $500 million and $1 billion.
Judge Alfredo R. Perez oversees the case.
The Debtor is represented by Gabrielle A. Hamm, Esq. at Schwartz,
PLLC. Breakpoint Partners LLC is the Debtor's restructuring
advisor. Epiq Corporate Restructuring, LLC is the Debtor's claims
agent. ThroughCo Communications, LLC is the Debtor's public
relations agent.
LINQTO TEXAS: Seeks to Hire Katten Muchin Rosenman LLP as Counsel
-----------------------------------------------------------------
Linqto Texas, LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Katten Muchin Rosenman LLP as counsel at the sole discretion of the
special subcommittee.
Prior to the Petition Date, Katten provided various legal services
relating to the duties of the Special Subcommittee. The Special
Subcommittee, with the assistance of Katten, is conducting the
Independent Investigation into whether the Debtors hold potentially
valuable and viable claims or causes of action against Related
Parties.
Katten's work in connection with the Independent Investigation
remains open and will continue during the pendency of these Chapter
11 Cases. In addition, Katten will perform other duties, as
directed by the Special Subcommittee, in connection with the
Special Subcommittee's delegated authority during the Chapter 11
Cases.
The firm will be paid at these rates:
Partner $1,205 to $2,380 per hour
Of Counsel $1,110 to $2,100 per hour
Counsel and Special Staff $610 to $1,615 per hour
Associate $715 to $1,210 per hour
Paralegal $230 to $860 per hour
Katten received $250,000 in advance fee deposits from the Debtors.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The following is provided in response to the request for additional
information set forth in Paragraph D.1 of the U.S. Trustee Fee
Guidelines.
Question: Did the firm agree to any variations from, or
alternatives to, the firm's standard billing arrangements for this
engagement?
Answer: No. Katten and the Debtors have not agreed to any
variations from, or alternatives to, Katten's standard billing
arrangements for this engagement. The rate structure provided by
Katten is appropriate and is not significantly different from (a)
the rates that Katten charges for other non-bankruptcy
representatives, or (b) the rates of other comparably skilled
professionals.
Question: Do any of the Firm professionals in this engagement
vary their rate based on the geographical location of the Debtors'
chapter 11 cases?
Answer: No. The hourly rates used by Katten in representing
Linqto on behalf of and at the sole discretion of the Special
Subcommittee are consistent with the rates that Katten charges
other comparable chapter 11 clients, regardless of the location of
the chapter 11 case.
Question: If the Firm has represented the Debtors in the twelve
months prepetition, disclose the Firm's billing rates and material
financial terms for the prepetition engagement, including any
adjustments during the twelve months prepetition. If the Firm's
billing rates and material financial terms have changed
postpetition, explain the difference and the reasons for the
difference.
Answer: From Katten's engagement by Linqto on behalf of and at
the sole discretion of the Special Subcommittee, as of June 13,
2025, to the Petition Date, Katten has followed the hourly billing
rates set forth in this Declaration.
Question: Have the Debtors approved the Firm's budget and
staffing plan, and if so, for what budget period?
Answer: Yes. Katten, in conjunction with the Special
Subcommittee, has developed a budget and staffing plan for these
Chapter 11 Cases for the period from the Petition Date, through and
including April 15, 2026.
Steven J. Reisman, Esq., a partner at Katten Muchin Rosenman 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:
Steven J. Reisman, Esq.
Katten Muchin Rosenman LLP
50 Rockefeller Plaza
New York, NY 10020
Tel: (212) 940-8800
About Linqto Inc.
Linqto Inc. is a San Jose-based financial technology company
operating in the alternative investment space.
Linqto Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90187) on July 7, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $500 million and $1 billion.
Judge Alfredo R. Perez oversees the case.
The Debtor is represented by Gabrielle A. Hamm, Esq. at Schwartz,
PLLC. Breakpoint Partners LLC is the Debtor's restructuring
advisor. Epiq Corporate Restructuring, LLC is the Debtor's claims
agent. ThroughCo Communications, LLC is the Debtor's public
relations agent.
LINQTO TEXAS: Seeks to Hire Schwartz PLLC as Bankruptcy Counsel
---------------------------------------------------------------
Linqto Texas, LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Schwartz, PLLC as counsel.
The firm will provide legal services in connection with the
prosecution and confirmation of these Chapter 11 Cases.
Schwartz hourly rates are:
Partners $975 to $1,000
Of Counsel $625 to $695
Associates $465 to $550
Paraprofessionals $285 to $305
The firm received an initial retainer of $25,000.
Pursuant to subsection (1) to Part D of the U.S. Trustee Guidelines
Fee Guidelines, Schwartz, PLLC response to the questions set forth
therein as follows:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: No. None of the SL professionals expected to assist
the Debtors in these Chapter 11 Cases have agreed to any variations
from, or alternatives to, their standard 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?
Response: No. The hourly rates charged by SL for this engagement
are consistent with the rates that SL charges other comparable
Chapter 11 clients, regardless of the location of the Chapter 11
case.
Question: If you have represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed postpetition, explain the
difference and the reasons for the difference.
Response: SL's billing rates range from $975 to $1,000 per hour
for partners, $625 to $695 per hour for of counsel, $465 to $550
for associates, and $285 to $305 per hour for paraprofessionals. SL
represented the Debtors during the months immediately before the
Petition Date, using the foregoing hourly rates.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Response: SL is working with the Debtors to perform within the
financing budget proposed for these Chapter 11 Cases (the "Budget
and Staffing Plan"). The Debtors are aware that during the Chapter
11 Cases there may be unforeseeable fees and expenses that will
need to be addressed by the Debtors and SL. SL and the Debtors will
review the Budget and Staffing Plan throughout these Chapter 11
Cases to determine any adjustments required to the Budget and
Staffing Plan.
Samuel A. Schwartz, Esq., a partner of Schwartz, PLLC, assured the
court that his firm is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code, as required by Section
327(a).
The counsel can be reached through:
Samuel A. Schwartz, Esq.
601 East Bridger Avenue
Las Vegas, NV 89101
Telephone: (702) 385-5544
Facsimile: (702) 442-9887
Email: saschwartz@nvfirm.com
About Linqto Inc.
Linqto Inc. is a San Jose-based financial technology company
operating in the alternative investment space.
Linqto Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90187) on July 7, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $500 million and $1 billion.
Judge Alfredo R. Perez oversees the case.
The Debtor is represented by Gabrielle A. Hamm, Esq. at Schwartz,
PLLC. Breakpoint Partners LLC is the Debtor's restructuring
advisor. Epiq Corporate Restructuring, LLC is the Debtor's claims
agent. ThroughCo Communications, LLC is the Debtor's public
relations agent.
LINQTO TEXAS: Seeks to Hire Triple P RTS as Restructuring Advisor
-----------------------------------------------------------------
Linqto Texas, LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Triple P RTS, LLC as restructuring advisor.
The firm's services include:
(a) assisting in the evaluation and / or development of a
short-term cash flow model and / or related liquidity management
tools for the Debtors for such purpose(s) as the Debtors may
require;
(b) assisting in the evaluation and / or development of a
business plan and / or such other related forecasts and analyses
for the Debtors for such purpose(s) as the Debtors may require;
(c) assisting in the evaluation and/or development of various
strategic and / or financial alternatives and financial analyses
for such purpose(s) as the Debtors may require;
(d) assisting the Debtors in its engagement and negotiations
with its various constituents, including, without limitation,
holders of the Debtors' debt or equity, the Debtors' employees, and
the Debtors' customers, vendors, and other commercial
counterparties (collectively, "Constituents"); which assistance may
include, without limitation, meeting with Constituents, developing
presentations and providing management with financial analytical
assistance necessary to facilitate such negotiations;
(e) assisting in the development and distribution of other
information that may be required by the Debtors or the
Constituents;
(f) assisting in the evaluation and implementation of
contingency planning related to Debtors' commencing or otherwise
becoming the subject of a case under Chapter 11 of title 11 of the
United States Code;
(g) assisting in obtaining and presenting information required
by parties in interest in a Chapter 11 Case, including any
statutory committees appointed in the Chapter 11 Case, or by the
Court presiding over the Chapter 11 Case;
(h) assisting in the preparation of other business, financial
and/or other reporting related to a Chapter 11 Case, including, but
not limited to, development and execution of asset sales, a Chapter
11 plan of reorganization for the Debtors (a "Plan"), and a
disclosure statement for the Plan; and
(i) assisting with such other matters as may be requested by
the Debtors that are within Portage Point's expertise and otherwise
mutually agreeable to Portage Point and the Debtors.
Portage Point's hourly rates:
CEO $1,150
Service Line Leader $950 to $995
Managing Director $895 to $950
Director $695 to $800
Vice President $550 to $675
Associate $395 to $450
Portage Point received advance payments totaling $825,000.
Thomas Studebaker, managing director at Portage Point Partners,
disclosed in a court filing that the firm is a "disinterested
person" pursuant to Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Thomas Studebaker
Portage Point Partners, LLC
640 Fifth Ave, 10th Floor
New York, NY 10019
Tel: (617) 306-7141
Email: tstudebaker@pppllc.com
About Linqto Inc.
Linqto Inc. is a San Jose-based financial technology company
operating in the alternative investment space.
Linqto Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90187) on July 7, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $500 million and $1 billion.
Judge Alfredo R. Perez oversees the case.
The Debtor is represented by Gabrielle A. Hamm, Esq. at Schwartz,
PLLC. Breakpoint Partners LLC is the Debtor's restructuring
advisor. Epiq Corporate Restructuring, LLC is the Debtor's claims
agent. ThroughCo Communications, LLC is the Debtor's public
relations agent.
LINQTO TEXAS: Taps Jeffrey S. Stein of Breakpoint Partners as CRO
-----------------------------------------------------------------
Linqto Texas, LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Breakpoint Partners LLC and designate Jeffrey S. Stein as chief
restructuring officer.
The firm's services include:
a. identifying and exploring the Debtors' strategic
alternatives and other restructuring and transactional options that
are intended to be value accretive to the Debtors;
b. assessing options to optimize the Debtors' capital
structure;
c. managing and implementing any Transactions of the Debtors;
d. analyzing, structuring, negotiating, recommending,
effecting and generally assisting the Board and the Debtors with
respect to any Transactions;
e. communicating and/or negotiating with outside constituents,
including, but not limited to, lenders to the Debtors and
prospective counterparties to potential Transactions;
f. developing and implementing cash management strategies and
processes designed to enhance liquidity;
g. reviewing and analyzing the revised business plan(s),
including financial and operating budgets;
h. reviewing and recommending changes that would enhance the
efficiency and cost effectiveness of the Debtors' corporate
organization; and
i. serving as a declarant in connection with court filings or
responsible person under bankruptcy law, as necessary and/or as
directed by the Board.
Breakpoint will receive compensation as follows:
a. Hourly Fee. The Debtors shall pay Breakpoint an hourly fee
of $1,650 per hour, with $375 of each Hourly Fee paid to Breakpoint
upon receipt of invoice, and subject to Court approval, and $1,275
of each Hourly Fee accrued and deferred;
b. Treatment of Deferred Fees. Upon the consummation of a
Restructuring, Breakpoint will have the right to elect one of two
options in full satisfaction of the Deferred Fees:
i. Participation in any management incentive program
("MIP") with a total allocation of 8.5 percent of the overall MIP
pool (without regard to whether amounts in such pool are otherwise
granted or held in reserve for future grants, and further, such
participation shall be fully vested immediately upon emergence from
Chapter 11, without further restriction, including future
performance triggers, or other restrictions generally associated
with MIPs); or
ii. Payment in cash after a multiplier of 1.85x is applied
to the Deferred Fees balance to account for, among other things,
the deferral of payment and associated risk to Breakpoint.
c. Expenses. In addition to any fees that may be paid to
Breakpoint under the Engagement Letter, the Debtors will reimburse
Breakpoint for all reasonably necessary out-of-pocket expenses
incurred during the engagement including, but not limited to,
travel and lodging, direct identifiable data processing, document
production, publishing services and communication charges, courier
services, working meals, reasonable fees and expenses of
Breakpoint's counsel (without the requirement that the retention of
such counsel be approved by the court in any Chapter 11 case not to
exceed $25,000 without the Debtors' prior consent, and other
reasonably necessary expenditures, payable upon rendition of
invoices setting forth in reasonable detail the nature and amount
of such expenses.
Peter Laurinaitis, a managing partner at Breakpoint Partners,
assured the court that Breakpoint is a "disinterested person" as
that term is defined in Section 101(14).
The firm can be reached through:
Jeffrey S. Stein
Peter Laurinaitis
Breakpoint Partners LLC
2905 Jupiter Park Drive, Suite 200
Jupiter, FL 33458
Mobile: (646) 361-2924
Email: jstein@breakpointpartnersllc.com
About Linqto Inc.
Linqto Inc. is a San Jose-based financial technology company
operating in the alternative investment space.
Linqto Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90187) on July 7, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $500 million and $1 billion.
Judge Alfredo R. Perez oversees the case.
The Debtor is represented by Gabrielle A. Hamm, Esq. at Schwartz,
PLLC. Breakpoint Partners LLC is the Debtor's restructuring
advisor. Epiq Corporate Restructuring, LLC is the Debtor's claims
agent. ThroughCo Communications, LLC is the Debtor's public
relations agent.
LION RIBBON: Seeks to Hire Latham & Watkins as Bankruptcy Counsel
-----------------------------------------------------------------
Lion Ribbon Texas Corp. and its affiliates seek approval from the
U.S. Bankruptcy Court for the Southern District of Texas to employ
Latham & Watkins LLP as counsel.
The firm will render these services:
(a) advise the Debtors with respect to their powers and duties
in the continued management and operation of their businesses and
properties;
(b) advise and consult on the conduct of the Chapter 11
cases;
(c) advise the Debtors and take all necessary action to
protect and preserve their estates;
(d) analyze proofs of claim filed against the Debtors and
object to such claims as necessary;
(e) represent the Debtors in connection with obtaining
authority to continue using cash collateral and to procure
postpetition financing;
(f) attend meetings and negotiate with representatives of
creditors, interest holders, and other parties in interest;
(g) analyze executory contracts and unexpired leases and
potential assumptions, assignments, or rejections of such contracts
and leases;
(h) prepare pleadings in connection with the Chapter 11
cases;
(i) advise the Debtors in connection with any potential sale
of assets;
(j) take necessary action on behalf of the Debtors to obtain
approval of a disclosure statement and confirmation of a Chapter 11
plan;
(k) appear before this court or any appellate courts to
protect the interests of the Debtors' estates before those courts;
(l) advise on corporate, litigation, finance, tax, employee
benefits, and other legal matters;
(m) advise the Debtors with respect to issues related to the
wind down of certain entities; and
(n) perform all other necessary legal services for the Debtors
in connection with the Chapter 11 cases.
The firm will be paid at these hourly rates:
Partners $1,680 - $2,650
Counsel $1,595 - $2,070
Associates $835 - $1,635
Professional Staff $255 - $980
Paraprofessionals $355 - $755
In addition, the firm will seek reimbursement for expenses
incurred.
The 90-day period prior to the petition date, the firm received
advances in the aggregate amount of $4,250,000 for services to be
performed and expenses to be incurred.
Caroline Reckler, Esq., a partner at Latham & Watkins, also
provided the following in response to the request for additional
information set forth in Section D of the Revised U.S. Trustee
Guidelines:
Question: Did the firm agree to any variations from, or
alternatives to, its standard billing arrangements for this
engagement?
Answer: No.
Question: Do any of the firm professionals in this engagement
vary their rate based on the geographic location of the Debtors'
Chapter 11 cases?
Answer: No.
Question: If the firm has represented the Debtors in the 12
months prepetition, disclose its billing rates and material
financial terms for the prepetition engagement, including any
adjustments during the 12 months prepetition. If its billing rates
and material financial terms have changed postpetition, explain the
difference and the reasons for the difference.
Answer: The firm's current hourly rates for services rendered
on behalf of the Debtors are set forth above. All material
financial terms have remained unchanged since the prepetition
period, except (i) the rates for certain lawyers advising the
Debtors in these Chapter 11 cases will be limited by the applicable
rate ranges set forth in paragraph 12 above and (ii) for a
postpetition 50 percent discount for non-working travel time.
Question: Have the Debtors approved the firm's budget and
staffing plan and, if so, for what budget period?
Answer: The Debtors have approved the budgeted expenses of the
firm reflected in the approved (13-week) budget appended to the
Interim DIP Order as Schedule 1 thereto. In connection with the
Final DIP Order (as defined in the Interim DIP Order) certain
modifications may be made to the budget, including with respect to
professional fees and as of the date hereof, such budget has not
yet been finalized. The Debtors' approval will be sought and
obtained with respect to any such revised budget, including the
professional fees contained therein. The Debtors understand and
agree that the budgeted amounts set forth therein reflect a
good-faith estimate of, rather than a cap on, the firm's fees and
expenses.
Ms. Reckler 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:
Caroline Reckler, Esq.
Latham & Watkins LLP
1271 6th Ave.
Albany County, NY 10020
Telephone: (212) 906-1200
About Lion Ribbon Texas Corp.
Lion Ribbon Texas Corp. and affiliates design, manufacture, and
distribute consumer crafting, gifting, and stationery products for
celebrations, hobbies and creative play. They operate globally,
with facilities across North America and supporting operations in
India, Hong Kong, China, the United Kingdom, and Australia. They
supply both branded and private-label products to consumers and
major corporate clients.
The Debtors sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Lead Case No. 25-90164) on July 3, 2025. In
their petitions, the Debtors reported $100 million to $500 million
in assets and liabilities on a consolidated basis.
Judge Christopher M. Lopez handles the cases.
The Debtors are represented by Caroline A. Reckler, Esq., Ray C.
Schrock, Esq., Adam S. Ravin, Esq., Randall Carl Weber-Levine,
Esq., and Meghana Vunnamadala, Esq., at Latham & Watkins, LLP. The
Debtors tapped Huron Consulting Services, LLC as investment banker
and financial advisor; Deloitte Tax, LLP as tax services provider;
Liskow & Lewis, APLC as conflicts counsel; C Street Advisory Group,
LLC as communications advisor; and Kroll Restructuring
Administration, LLC as claims, noticing and solicitation agent.
LION RIBBON: Taps Huron as Financial Advisor and Investment Banker
------------------------------------------------------------------
Lion Ribbon Texas Corp. and its affiliates seek approval from the
U.S. Bankruptcy Court for the Southern District of Texas to employ
Huron Consulting Services LLC as financial advisor and Huron
Transaction Advisory LLC as investment banker.
The firm will provide these services:
(a) assist the Debtors in reviewing and analyzing their
results of operations, financial condition and business plan;
(b) assist the Debtors in reviewing and analyzing any
potential capital transaction, sale transaction or restructuring;
(c) assist the Debtors in structuring and negotiating any
capital transaction, sale transaction or restructuring;
(d) advise the Debtors on the terms of securities it offers in
any potential capital transaction;
(e) advise the Debtors on its preparation of an information
memorandum for a potential capital transaction and/or sale
transaction;
(f) assist the Debtors in contacting potential providers of a
capital transaction that Huron and the Debtors agree are
appropriate, and meet with and provide them with the information
memo and such additional information about their assets, properties
or businesses that is acceptable to them, subject to customary
business confidentiality agreements;
(g) assist the Debtors in contacting potential counterparties
for a sale transaction that they and the Huron Investment Banker
Team agree as appropriate, and meet with and provide them with such
additional information about their assets, properties or businesses
that is acceptable to them, subject to customary business
confidentiality agreements;
(h) assist the Debtors in coordinating their due diligence
investigation by counterparties as appropriate and acceptable to
them;
(i) meet with the Debtors and their board of directors to
discuss any proposed transaction and their financial implications;
(j) assist the Debtors in developing a strategy to effectuate
any transaction;
(k) provide such other investment banking services in
connection with a capital transaction, sale transaction or
restructuring as the Huron IB Team and the Debtors may mutually
agree upon; and
(l) to the extent requested, make use of additional Huron
resources specifically regarding preparing for, navigating, and
effectuating court-supervised proceedings available through an
amended engagement letter with economics and terms to be mutually
agreed upon between the Huron IB Team and the Debtors.
Huron Financial Advisor (FA) Team will be paid at these hourly
rates:
Managing Director $1,075 - $1,400
Senior Director $985
Director $825
Manager $675
Associate $550
Analyst $475
Huron IB Team will be compensated at the following fee structure:
(a) Monthly Fee - $150,000;
(b) Transaction Fee:
(i) Capital Transaction Fee:
(1) 3.0 percent of the aggregate gross amount or
face value of capital raised, plus 2.0 percent of the aggregate
gross amount of any new money junior secured or unsecured debt
obligations raised in the capital transaction; plus 1.5 percent of
the aggregate gross amount of any new-money senior secured debt
obligations and other interests raised in the capital transaction.
In all circumstances, such fees will not total less than $375,000,
without offsetting monthly fees earned; provided that there will be
no fees earned with respect to any "rolled up" debt included in a
Chapter 11 financing.
(2) 2.0 percent of the aggregate gross amount or
face value of capital raised in the capital transaction as equity,
equity-linked interests, options, warrants or other rights to
acquire equity interests, plus 1.0 percent of the aggregate gross
amount of any new-money junior secured, unsecured debt obligations,
senior secured debt obligations and other interests Raised in the
capital transaction. In all circumstances, such fees will not total
less than $375,000, without offsetting monthly fees earned;
provided that there will be no fees earned with respect to any
"rolled up" debt included in a Chapter 11 financing.
(ii) Restructuring Fee of $1,500,000;
(iii) IGDG Sale Transaction Fee of $1,500,000 and 2.5
percent of aggregate gross cash consideration plus assumed
liabilities;
(iv) Discrete Asset Sale Transaction Fee equal to 2.0
percent of the aggregate gross consideration received in such
discrete asset sale transaction, but not less than $1,250,000 for
aggregate gross consideration above $20,000,000, and 5 percent of
aggregate gross consideration received for discrete asset sale
transactions less than $20,000,000.
(c) Tail Period - If, at any time prior to the 12 months
following termination of the IB engagement the Debtors consummate
any transaction or enter into an agreement or a plan of
reorganization is filed regarding any transaction, and a
Transaction is subsequently consummated, then it shall pay the
Huron IB Team the applicable transaction fee(s) specified above
immediately upon the closing of any such transaction(s).
In addition, the firm will seek reimbursement for expenses
incurred.
During the 90-day period prior to the petition date, the Huron FA
team was paid $1,774,210 and the Huron IB Team was paid $306,160.
Brett Anderson, a managing director at Huron Consulting Services,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Brett M. Anderson
Huron Consulting Services LLC
550 West Van Buren Street
Chicago, IL 60607
About Lion Ribbon Texas Corp.
Lion Ribbon Texas Corp. and affiliates design, manufacture, and
distribute consumer crafting, gifting, and stationery products for
celebrations, hobbies and creative play. They operate globally,
with facilities across North America and supporting operations in
India, Hong Kong, China, the United Kingdom, and Australia. They
supply both branded and private-label products to consumers and
major corporate clients.
The Debtors sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Lead Case No. 25-90164) on July 3, 2025. In
their petitions, the Debtors reported $100 million to $500 million
in assets and liabilities on a consolidated basis.
Judge Christopher M. Lopez handles the cases.
The Debtors are represented by Caroline A. Reckler, Esq., Ray C.
Schrock, Esq., Adam S. Ravin, Esq., Randall Carl Weber-Levine,
Esq., and Meghana Vunnamadala, Esq., at Latham & Watkins, LLP. The
Debtors tapped Huron Consulting Services, LLC as investment banker
and financial advisor; Deloitte Tax, LLP as tax services provider;
Liskow & Lewis, APLC as conflicts counsel; C Street Advisory Group,
LLC as communications advisor; and Kroll Restructuring
Administration, LLC as claims, noticing and solicitation agent.
LYNNHAVEN SCHOOL: Jennifer McLemore Named Subchapter V Trustee
--------------------------------------------------------------
The Acting U.S. Trustee for Region 4 appointed Jennifer McLemore,
Esq., at Williams Mullen as Subchapter V trustee for Lynnhaven
School, Inc.
Ms. McLemore will be paid an hourly fee of $530 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. McLemore declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jennifer M. McLemore, Esq.
Williams Mullen
200 South 10th Street, Suite 1600
Richmond, VA 23219
(804) 420-6330
Email: jmclemore@williamsmullen.com
About Lynnhaven School
Lynnhaven School, Inc. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Va. Case No. 25-33044) on July
31, 2025, with $100,001 to $500,000 in assets and $500,001 to $1
million in liabilities.
Paula S. Beran, Esq. at Tavenner & Beran, PLC represents the Debtor
as legal counsel.
M & M BUCKLEY: Court Extends Cash Collateral Access to Aug. 28
--------------------------------------------------------------
M & M Buckley Management Inc. received another extension from the
U.S. Bankruptcy Court for the Northern District of Illinois to use
cash collateral.
The eighth interim order signed by Judge Janet Baer approved the
use of cash collateral through August 28 to pay the expenses set
forth in the Debtor's budget, with a 10% variance allowed.
The budget projects total operational expenses of $15,751.00 for
August.
As adequate protection for the Debtor's use of its cash collateral,
Community Loan Servicing, LLC will be granted post-petition
replacement liens on the cash collateral and post-petition property
of the Debtor, with the same priority and extent as its
pre-bankruptcy lien.
As additional protection, the Debtor was ordered to pay $12,500 to
Community Loan Servicing this month and keep its real property
insured, listing Community Loan Servicing as the lien holder.
The final hearing is scheduled for August 27.
About M & M Buckley Management Inc.
M & M Buckley Management, Inc. is a professional property
management company based in Richton Park, IL. It specializes in
managing residential and commercial properties.
M & M sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-19108) on December
23, 2024, with $1 million to $10 million in both assets and
liabilities. Melvin T. Buckely, Jr., president of M & M, signed the
petition.
Judge Janet S. Baer handles the case.
The Debtor is represented by Gregory K. Stern, Esq., at Gregory K.
Stern, P.C.
Secured creditor Community Loan Servicing is represented by:
Jill Sidorowicz, Esq.
Noonan & Lieberman, Ltd.
33 N. LaSalle Street, Suite 1150
Chicago, IL 60602
Phone: (312) 605-3500
MACHINE TOOL: To Sell Terre Haute Properties to Curtis J. Grayless
------------------------------------------------------------------
Machine Tool Service Inc. seeks approval from the U.S. Bankruptcy
Court for the Southern District of Indiana, Terre Haute Division,
to sell Property, free and clear of liens, claims, interest, and
encumbrances.
A description of the Properties to be solid can be found at:
https://urlcurt.com/u?l=s35FeL
The Debtor wants to sell the Properties to Curtis J. Grayless II
with the sale price of $420,000
After payment of all current outstanding real estate and personal
property taxes, appointed broker's fees, and clearance of the
mortgage lien, there would be an estimated net proceeds of
$236,073.80 for the benefit of estate in the payment of the
remaining administrative, priority, and unsecured claims.
The sale is contingent upon the Buyer securing acceptable
financing, completing satisfactory inspections, and confirming the
property’s environmental status meets required standards for
financing and Buyer's satisfaction.
The other offers to purchase were as follows: None in writing;
however, other verbal offers were received for lesser amounts or
required contingencies inconsistent with the need to liquidate this
property while utilities and other taxes accrued.
The Debtor is seeks to sell property free and clear of liens or
other interests. The names of the lien or interest holders are as
follows:
-- Forrest Perry
-- Vigo County Treasurer
-- Internal Revenue Service
-- Indiana Department of Revenue
About Machine Tool Service Inc.
Machine Tool Service, Inc. filed Chapter 11 petition (Bankr. S.D.
Ind. Case No. 23-80337) on Aug. 24, 2023, with $500,001 to $1
million in both assets and liabilities.
Judge Jeffrey J. Graham oversees the case.
Richard W. Lorenz, Esq., at Hickam & Lorenz, P.C. represents the
Debtor as legal counsel.
MARIN SOFTWARE: Unsecureds Will Get 100% of Claims in Plan
----------------------------------------------------------
Marin Software Incorporated filed with the U.S. Bankruptcy Court
for the District of Delaware a Firstt Amended Combined Disclosure
Statement and Plan of Reorganization dated July 30, 2025.
Marin is a provider of digital marketing software for search,
social, and eCommerce advertising channels, offered as a
software-as-a-service advertising management platform for
performance driven advertisers and agencies.
The Combined Disclosure Statement and Plan proposes to pay all
holders of Claims against the Debtor in full and to distribute any
remaining Cash of the Debtor to the holders of Interests on a Pro
Rata basis.
The proposed sponsor of the Plan is Kaxxa Holdings, Inc. ("Kaxxa"
or "Plan Sponsor"), an affiliate of the Debtor's prepetition and
postpetition lender, YYYYY, LLC (the "Prepetition Lender" and the
"DIP Lender"). The Plan Sponsor and the Prepetition Lender and DIP
Lender are the "Supporting Parties." The Debtor and the Supporting
Parties are parties to a Restructuring Support Agreement dated as
of July 1, 2025 (together with all exhibits thereto, and as
amended, restated, and supplemented from time to time, the
"Restructuring Support Agreement" or "RSA"), the assumption of
which is subject to a separate motion filed by the Debtor, that
sets forth the principal terms of the Restructuring and requires
the parties thereto to support the Plan.
As set forth in this Combined Disclosure Statement and Plan,
through a payment of Plan Consideration totaling $5.5 million to
the Plan Administrator by the Plan Sponsor, the Restructuring
contemplates full payment of all Claims against the Debtor and a
distribution of any remaining Cash to the holders of Interests.
In consideration of the foregoing, (a) Reorganized Debtor New
Equity will be issued to the Plan Sponsor and, if the DIP Lender
exercises its Subscription Option, the DIP Lender, (b) any Claims
of the Prepetition Lender against the Debtor will be waived, and
(c) the going-concern value of the Debtor's business and operating
assets will be preserved. Generally, the Plan provides for (1) the
reorganization of the Debtor by retiring, cancelling, extinguishing
and/or discharging all Interests; (2) the funding of the Plan
Consideration by the Plan Sponsor, (3) the distribution of
Available Cash to holders of Allowed Claims and Interests by the
Plan Administrator in accordance with the priority scheme
established by the Bankruptcy Code or as otherwise agreed; (4) the
revesting of all assets of the Debtor's Estate in the Reorganized
Debtor (excluding Cash that will be distributed to the Holders of
Claims and Interests); and (5) the issuance of 100% of the
Reorganized Debtor New Equity to the Plan Sponsor and, if the DIP
Lender exercises its Subscription Option, the DIP Lender.
On the Effective Date, the Plan Sponsor will acquire up to 100% of
the Reorganized Debtor New Equity, subject to the Subscription
Option in favor of the DIP Lender, together with all or
substantially all of the Debtor's assets, free and clear of any
options, liens, or other claims, excluding the Debtor's cash, the
Plan Consideration, the Debtor's prepetition accounts receivable
(and the proceeds thereof), and any other assets of the Debtor that
the Plan Sponsor determines to exclude in its sole discretion.
On and after the Effective Date, the Plan Administrator will make
distributions in accordance with the Plan, using the Plan
Consideration and any Available Cash. Based upon the Debtor's
current estimates, the Debtor anticipates there will be sufficient
Plan Consideration and Available Cash to provide full cash
recoveries to all Holders of Allowed Claims and a distribution to
Holders of Equity Interests on a Pro Rata basis. The Prepetition
Lender, which is also the DIP Lender and an affiliate of the Plan
Sponsor, has agreed to waive its Claim against the Debtor and any
distribution on account thereof for the benefit of the Debtor's
other stakeholders.
Class 4 consists of all Unsecured Claims. Except to the extent that
a Holder of an Allowed Unsecured Claim agrees to a less favorable
treatment, in exchange for full and final satisfaction of each
Allowed Unsecured Claim, the Plan Administrator shall pay each
holder of an Allowed Unsecured Claim the full unpaid amount of such
Allowed Unsecured Claim on the latest of the following dates: (i)
on or as soon as practicable after the Effective Date, (ii) on or
as soon as practicable after the date such Allowed Unsecured Claim
becomes an Allowed Claim, and (iii) the date such Allowed Unsecured
Claim is payable under applicable non-bankruptcy law. Class 4 is
Unimpaired.
The allowed unsecured claims total $3,000,000 to $4,000,000. Class
4 will receive a distribution of 100% of their allowed claims.
Class 5 consists of all Interests in the Debtor. Except to the
extent that a Holder of an Allowed Interest agrees to a less
favorable treatment, in exchange for full and final satisfaction of
each Allowed Interest, the Plan Administrator shall pay each Holder
of an Allowed Class 5 Interest its Pro Rata share of the Plan
Consideration and any Available Cash, if any, in accordance with
the Distribution Waterfall, as soon as practicable after payment in
full of all Allowed Claims. The Debtor believes there will be
between $2.5 million and $4.0 million in available Plan
Consideration and Available Cash after the implementation of the
Plan and payment of all Allowed Claims in accordance with the
Distribution Waterfall. On the Effective Date, all Interests shall
be retired, cancelled, extinguished, and discharged.
On the Effective Date, the Plan Sponsor shall contribute to the
Debtor or its designee an amount of Cash equal to the Plan
Consideration, which shall be made available to the Plan
Administrator consistent with the terms of the Plan. Funding of the
Plan Consideration is not subject to any financing contingency. The
Plan Consideration shall be used to fund Distributions under the
Plan, subject to the terms hereof.
A full-text copy of the First Amended Combined Disclosure Statement
and Plan dated July 30, 2025 is available at
https://urlcurt.com/u?l=N0FSBO from Donlin, Recano & Company, LLC,
claims agent.
Counsel to the Debtor:
Jason H. Rosell, Esq.
James E. O'Neill, Esq.
Debra I. Grassgreeen, Esq.
Pachulski Stang Ziehl & Jones LLP
919 North Market Street, 17th Floor
P.O. Box 8705
Wilmington, DE 19899-8705
Tel: (302) 652-4100
Email: joneill@pszjlaw.com
dgrassgreen@pszjlaw.com
jrosell@pszjlaw.com
About Marin Software Incorporated
Marin Software Incorporated provides a software-as-a-service
platform for managing digital advertising across search, social,
and eCommerce channels. Its platform offers analytics, workflow,
and optimization tools designed to help performance marketers and
agencies improve returns on advertising spend.
Marin Software Incorporated sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11263) on July 1,
2025. In its petition, the Debtor reports total assets of
$5,656,853 and total debts of $2,767,237.
The Debtor's bankruptcy counsel is James E. O'Neill, Esq. at
PACHULSKI STANG ZIEHL & JONES LLP. The Debtor's Corporate Counsel
is FENWICK & WEST LLP. ARMANINO ADVISORY LLC is the Debtor's
Financial Advisor and DONLIN, RECANO & COMPANY, LLC is the Debtor's
Claims, Noticing & Solicitation Agent and Administrative Advisor.
MARKUS CORP: Court Extends Cash Collateral Access to Sept. 3
------------------------------------------------------------
Markus Corp received interim approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to use cash collateral
until September 3, marking the sixth extension since its Chapter 11
filing.
The Debtor needs to use its lenders' cash collateral to pay the
expenses set forth in its budget, which shows total operational
expenses of $25,862.50 for the period from August 1 to September
3.
The Debtor owes $426,224.08 and $264,476.06 to the U.S. Small
Business Administration and Village Bank & Trust, N.A.,
respectively. These creditors have perfected liens on the Debtor's
assets, including cash, bank deposits and accounts receivable,
which constitute cash collateral.
As adequate protection, both lenders will be granted a replacement
lien on substantially all of the Debtor's assets, including those
acquired after its Chapter 11 filing. This replacement lien will
have the same validity and extent as the secured creditors'
pre-bankruptcy liens.
The lenders will also be granted an administrative expense claim as
additional protection.
The next hearing is scheduled for September 2.
SBA and Village Bank & Trust have a valid blanket lien on assets of
the Debtor as of the petition date including the cash proceeds.
Both hold a security interest in all assets of the Debtor by way of
a valid lien. The Debtor believes SBA's lien has the first priority
position.
About Markus Corporation
Markus Corp is an owner and operator of three semi-trucks and hauls
cargo for its client.
Markus filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
25-03310) on March 4, 2025, listing up to $100,000 in assets and up
to $1 million in liabilities. Markus President Marek Kusmierczyk
signed the petition.
Judge Timothy A. Barnes oversees the case.
Arthur Corbin, Esq., at Corbin Law Firm, LLC, represents the Debtor
as bankruptcy counsel.
Village Bank & Trust, N.A., as secured lender, is represented by:
Jeffrey S. Burns, Esq.
Markoff Leinberger, LLC
200 S. Wacker Drive, FL 31
Chicago, IL 60606
Tel: (312) 589-7600
jeff@markleinlaw.com
MAYFAIR-HABITAT GROUP: Hires EXp Realty LLC as Real Estate Agent
----------------------------------------------------------------
The Mayfair-Habitat Group Incorporated seeks approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to employ
India Carlisle of EXp Realty LLC as real estate agent/broker.
The firm will market for sale the thirty-one condominium units
located at 7337 S Shore Drive, Chicago,
Carlisle will be compensated 3 percent of the purchase price if the
thirty-one units successfully go under contract and successfully
closes.
Ms. Carlisle assured the court that she is a "disinterested person"
as defined in 11 U.S.C. Sec. 101(14) of the Bankruptcy Code.
The firm can be reached through:
India Carsile
Carsile of EXp Realty LLC
939 W North Avenue Suite 750
Chicago, IL 60642
Tel: (888) 574-9405
About The Mayfair-Habitat Group Incorporated
The Mayfair-Habitat Group Incorporated is a property management and
real estate investment company based in Plainfield, Illinois. The
Debtor's principal assets are located at 7337 S. South Shore Drive,
Chicago, IL 60649, and consist of 31 parcels of land.
The Mayfair-Habitat Group Incorporated sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Ill. Case No. 25-06308) on April 24, 2025. In its petition, the
Debtor reports estimated assets and liabilities between $1 million
and $10 million each.
Honorable Bankruptcy Judge Jacqueline P. Cox handles the case.
The Debtor is represented by Paul M. Bach, Esq. at BACH LAW
OFFICES.
MEANDERING BEND: Section 341(a) Meeting of Creditors on September 2
-------------------------------------------------------------------
On August 5, 2025, Meandering Bend LLC filed Chapter 11
protection in the Western District of Texas. According to court
filing, the Debtor reports between $1 million and $10 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on September
2, 2025 at 10:00 AM via Via Phone: (866)909-2905; Code: 5519921#.
About Meandering Bend LLC
Meandering Bend LLC is a real estate investment company based in
Austin, Texas.
Meandering Bend LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-51814) on August 5,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Craig A. Gargotta handles the case.
The Debtor is represented by Justin Rayome, Esq. at 5882 Sugar Hill
Dr.
MEATHEADZ LLC: Seeks to Hire Ajay Kumar, CPA as Accountant
----------------------------------------------------------
Meatheadz, LLC seeks approval from the U.S. Bankruptcy Court for
the District of New Jersey to hire Ajay Kumar, CPA as accountant.
The accountant will provide bookkeeping and accounting services
including assisting with preparation of operating reports.
The firm will receive $400 per month for booking services. The
estimated charge to prepare annual tax return of $1200.
The accountant can be reached at:
Ajay Kumar, CPA
5 Villa Farms Circle
Monore Township, NJ 08831
Phone: (908) 380-8900
Email: akumar@saicpaservices.com
About Meatheadz LLC
Meatheadz, LLC is a food service business located in Lawrence
Township, N.J.
Meatheadz sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D.N.J. Case No. 25-15120) on May 13, 2025. In its
petition, the Debtor reported estimated assets between $50,000 and
$100,000 and estimated liabilities between $500,000 and $1
million.
Judge Christine M. Gravelle handles the case.
The Debtor is represented by Joseph Casello, Esq., at Collins,
Vella & Casello.
MEMPHIS MADE: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Debtor: Memphis Made Brewing Company LLC
435 Madison Ave., Ste. 100
Memphis, TN 38103
Case No.: 25-23931
Business Description: Memphis Made Brewing Company LLC operates a
small-batch craft brewery and taproom in
downtown Memphis, Tennessee. The Company
produces a variety of beers that are
distributed locally to restaurants, bars,
and retail establishments across the Memphis
area.
Chapter 11 Petition Date: August 7, 2025
Court: United States Bankruptcy Court
Western District of Tennessee
Judge: Hon. M Ruthie Hagan
Debtor's Counsel: Toni Campbell Parker, Esq.
LAW FIRM OF TONI CAMPBELL PARKER
45 N. BB KIng Blvd., Ste. 201
Memphis, TN 38103
Tel: 901-483-1020
Fax: 866-489-7938
Email: tparker002@att.net
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Andrew Ashby as vice 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/E4NN76I/Memphis_Made_Brewing_Company_LLC__tnwbke-25-23931__0001.0.pdf?mcid=tGE4TAMA
MERIT STREET: Professional Bull Riders Out as Committee Member
--------------------------------------------------------------
The U.S. Trustee for Region 6 disclosed in a notice filed with the
U.S. Bankruptcy Court for the Northern District of Texas that as of
August 6, these creditors are the remaining members of the official
committee of unsecured creditors in Merit Street Media Inc.'s
Chapter 11 case:
1. Darcy Lynn Ribman
Trustee
Darcy Lynn Ribman 1997 Trust
Dallas, TX 75201
(214) 356-2270
dribman@gmail.com
2. Steven Borden
President
Borden Media Consulting, LLC
P.O. Box 492165
Los Angeles, CA 90049
(310) 268-1100
Steven.borden@bordenmedia.com
Professional Bull Riders, LLC was previously identified as member
of the creditors committee. Its name no longer appears in the new
notice.
About Merit Street Media
Merit Street Media is a television and media content production and
distribution company based in Fort Worth, Texas. It appears to
focus on creating, producing, and distributing television content,
maintaining business relationships with major cable providers
including DIRECTV and DISH Network, as well as numerous television
stations and production companies.
Merit Street Media sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Case No. 25-80156) on July 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million.
The Debtor is represented by Sidley Austin LLP.
The U.S. Trustee for Region 6 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
Peteski Productions, Inc., as DIP lender, is represented by:
Carl C. Butzer, Esq.
Vienna F. Anaya, Esq.
William T. Farmer, Esq.
Jackson Walker L.L.P.
2323 Ross Avenue, Suite 600
Dallas, TX 75201
Telephone: (214) 953-6000
cbutzer@jw.com
vanaya@jw.com
wfarmer@jw.com
-- and --
Charles L. Babcock, Esq.
Bruce Ruzinsky, Esq.
Matthew D. Cavenaugh, Esq.
Emily Meraia, Esq.
Jackson Walker L.L.P.
1401 McKinney Street, Suite 1900
Houston, Texas 77010
Telephone: (713) 752-4200
cbabcock@jw.com
bruzinsky@jw.com
mcavenaugh@jw.com
emeraia@jw.com
MERIT STREET: Trinity Network Seeks Dismissal of Venture Lawsuit
----------------------------------------------------------------
James Nani of Bloomberg Law reports that Christian broadcaster
Trinity Broadcasting Network has asked the U.S. Bankruptcy Court in
Texas to dismiss a lawsuit filed by Dr. Phil McGraw's bankrupt
media venture, Merit Street Media Inc., over alleged breaches of
production commitments.
In a motion filed Thursday, August 7, 2025, Trinity Broadcasting of
Texas Inc. argued that Merit's Chapter 11 filing and its contract
claims lacked proper corporate authorization and that the breach
allegations are unenforceable.
Merit filed for bankruptcy in Dallas on July 2, 2025.
About Merit Street Media
Merit Street Media is a television and media content production and
distribution company based in Fort Worth, Texas. It appears to
focus on creating, producing, and distributing television content,
maintaining business relationships with major cable providers
including DIRECTV and DISH Network, as well as numerous television
stations and production companies.
Merit Street Media sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-80156) on July 2,
2025, before the Hon. Scott W. Everett. In its petition, the Debtor
reports estimated assets and liabilities between $100 million and
$500 million.
The Debtor is represented by Sidley Austin LLP as bankruptcy
counsel. Epiq Corporate Restructuring, LLC serves as Claims,
Noticing, and Solicitation Agent, effective as of the Petition
Date.
MICHAEL E JONES MD: Voluntary Chapter 11 Case Summary
-----------------------------------------------------
Debtor: Michael E Jones MD PC
115 East 39th Street
New York NY 10016
Business Description: Michael E Jones MD PC provides cosmetic and
reconstructive surgery services from its
main facility in New York, New York. The
practice offers procedures such as
rhinoplasty, liposuction, Brazilian Butt
Lift, and keloid removal, with a focus on
serving diverse patient populations. It is
led by Dr. Michael E. Jones, who is board-
certified in facial plastic and
reconstructive surgery as well as
otolaryngology. The company operates
additional offices in several U.S. cities
including Los Angeles, Atlanta, and Miami.
Chapter 11 Petition Date: August 7, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-11745
Judge: Hon. Lisa G Beckerman
Debtor's Counsel: Anthony Vassallo, Esq.
LAW OFFICE OF ANTHONY M. VASSALLO
276 Fifth Avenue Suite 704
New York NY 10001
Tel: 917-862-1936
Email: tony@amvasslaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
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/5T7JLJY/Michael_E_Jones_MD_PC__nysbke-25-11745__0001.0.pdf?mcid=tGE4TAMA
MODEL TOBACCO: Gets Final OK to Use Cash Collateral Until Dec. 31
-----------------------------------------------------------------
Lynn Tavenner, the Chapter 11 trustee for Model Tobacco Development
Group, LLC, received final approval from the U.S. Bankruptcy Court
for the Eastern District of Virginia, Richmond Division, to use
cash collateral.
The final order authorized the trustee to use cash collateral from
August 1 to December 31 in accordance with its budget.
Model Tobacco Development Group was ordered to make a monthly
payment of $150,000 to the Virginia Housing Development Authority
to protect the lender's interest in its collateral.
VHDA holds a first-priority lien on nearly all of the Debtor's
assets and a claim exceeding $37 million.
As additional protection, the lender was granted a replacement lien
on all post-petition assets of the Debtor and their proceeds, to
the same extent and with the same priority as its pre-bankruptcy
lien.
The order provides for a carveout from the replacement liens for
certain fees and expenses, including fees required to be paid to
the Clerk of the Bankruptcy Court and to the Office of the United
States Trustee.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/yzat6 from PacerMonitor.com.
About Model Tobacco Development Group
Model Tobacco Development Group, LLC is engaged in activities
related to real estate.
Model Tobacco Development Group filed Chapter 11 petition (Bankr.
E.D. Va. Case No. 24-34863) on December 31, 2024, with assets
between $50 million and $100 million and liabilities between $10
million and $50 million.
The Debtor is represented by:
Justin P. Fasano, Esq.
Mcnamee Hosea, P.A.
6404 Ivy Lane, Suite 820
Greenbelt, MD 20770
Tel: 301-441-2420
Fax: 301-982-9450
Email: jfasano@mhlawyers.com
MODERN FLOOR: Seeks Chapter 11 Bankruptcy in California
-------------------------------------------------------
On August 5, 2025, Modern Floor Specialists 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 not be available to unsecured creditors.
About Modern Floor Specialists Inc.
Modern Floor Specialists Inc. provides floor maintenance services
including cleaning, polishing, and waxing.
Modern Floor Specialists Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-16762) on August
5, 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 Deborah J. Saltzman handles the case.
The Debtor is represented by Joshua E. Matic, Esq. at MATIC LAW
ASSOCIATES.
MOLINA VENTURES: Section 341(a) Meeting of Creditors on Sept. 11
----------------------------------------------------------------
On August 4, 2025, Molina Ventures LLC filed Chapter 11 protection
in the Western District of Texas. According to court filing, the
Debtor reports $2,096,654 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) set for September 11,
2025 at 10:00 AM via Via Phone: (866)909-2905; Code: 5519921#.
About Molina Ventures LLC
Molina Ventures LLC, doing business as American Air Conditioning &
Heating Co., provides heating, ventilation, and air conditioning
services to residential and commercial clients in the San Antonio,
Texas area.
Molina Ventures LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-51802) on August 4,
2025. In its petition, the Debtor reports total assets of $726,079
and total liabilities of $2,096,654.
Honorable Bankruptcy Judge Craig A. Gargotta handles the case.
The Debtor is represented by Paul Steven Hacker, Esq. at HACKER LAW
FIRM, PLLC.
MOM CA: Final Hearing to Use Cash Collateral Set for Aug. 14
------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Delaware is set to
hold a hearing on August 14 to consider final approval of the
motion filed by MOM CA Investco, LLC and its affiliates to use cash
collateral.
The Debtor's authority to access cash collateral pursuant to the
court's 10th interim order expires on August 14.
The 10th interim order issued by Judge Brendan Linehan Shannon on
July 31 approved the Debtors' post-petition use of cash collateral
to pay the expenses set forth in its budget, with a 25% variance
limit per week.
The interim order granted lenders replacement liens on, and
security interests in, all assets of the Debtors, with the same
validity, priority and extent as their pre-bankruptcy liens.
The liens and security interests granted under the 10th interim
order shall not effect any cross-collateralization in favor of any
lenders unless and only to the extent that such lenders held a loan
that was cross-collateralized as of the petition date. These liens
and security interests are subject and subordinate to the fee
carveout, according to the 10th interim order.
Enterprise Bank & Trust, PMF CA REIT, LLC, Lone Oak Fund, LLC,
Wilshire Quinn Income Fund, LLC, Preferred Bank, and Banc of
California are the lenders with interests in the cash collateral.
A copy of the 10th interim order is available at
https://is.gd/nys2Gy
About MOM CA Investco LLC
MOM CA Investco LLC and affiliates constitute a real estate joint
venture comprised of a portfolio of commercial properties owned by
the Debtors. The properties that make up the portfolio include
hotels, an apartment complex, office buildings, other commercial
real estate, and individual homes used as luxury vacation rentals.
The Debtors have requested joint administration of their Chapter 11
cases under lead Case No. 25-10321 (Bankr. D. Del. in MOM CA
Investco LLC).
In the petition signed by Mark Shinderman, chief restructuring
officer, the Debor disclosed up to $500 million in both assets and
liabilities.
Judge Brendan Linehan Shannon oversees the case.
The Debtors tapped Buchalter, A Professional Corporation as lead
bankruptcy counsel; Potter Anderson & Corroon, LLP as bankruptcy
co-counsel; and FTI Consulting, Inc. as restructuring advisor.
Banc of California, as lender, is represented by:
Richard M. Pachulski, Esq.
Ira D. Kharasch, Esq.
James E. O'Neill, Esq.
Edward A. Corma, Esq.
Pachulski Stang Ziehl & Jones, LLP
919 North Market Street, 17th Floor
Wilmington, Delaware 19801
Telephone: (302) 652-4100
Facsimile: (302) 652-4400
joneill@pszjlaw.com
ecorma@pszjlaw.com
Enterprise Bank & Trust, as lender, is represented by:
Eric M. Sutty, Esq.
Armstrong Teasdale LLP
1007 North Market Street, Third Floor
Wilmington, DE 19801
Telephone: (302) 416.9670
Facsimile: (302) 397.2527
esutty@atllp.com
-- and --
David L. Going, Esq.
Armstrong Teasdale LLP
7700 Forsyth Blvd., Suite 1800
St. Louis, MO 63105
Telephone: (314) 621.5070
Facsimile: (314) 621.2250
dgoing@atllp.com
PMF CA REIT, LLC, as lender, is represented by:
Ann M. Kashishian (No. 5622)
Lewis Brisbois Bisgaard & Smith, LLP
500 Delaware Ave., Suite 700
Wilmington, DE 19801
Telephone: (302) 985-6000
Facsimile: ann.kashishian@lewisbrisbois.com
-- and --
Jennifer R. Tullius, Esq.
Tullius Law Group
515 S. Flower Street, 18th Floor
Los Angeles, CA 90071
Phone: 213-291-9481
jtullius@tulliuslaw.com
Preferred Bank, as lender, is represented by:
Michael Busenkell, Esq.
Ronald S. Gellert, Esq.
Gellert Seitz Busenkell & Brown LLC
1201 N. Orange Street, Suite 300
Wilmington, DE 19801
Telephone: (302) 425- 5800
Facsimile: (302) 425-5814
mbusenkell@gsbblaw.com
rgellert@gsbblaw.com
Wilshire Quinn Income Fund, as lender, is represented by:
Catherine Di Lorenzo, Esq.
Daire Pyle, Esq.
Stern & Eisenberg, PC
200 Biddle Avenue, Suite 107
Newark, DE 19702
Telephone: (302) 731-7200
DE_Foreclosure@sterneisenberg.com
MOSAIC SUSTAINABLE: Files Amendment to Disclosure Statement
-----------------------------------------------------------
Mosaic Sustainable Finance Corporation and its affiliates submitted
a Disclosure Statement for the Amended Joint Chapter 11 Plan dated
July 30, 2025.
Among other features, the Plan contains a Third Party Release,
which is set forth in Article XII thereof and addressed in detail
in Section 12.3 infra, and by which all parties holding claims
against or interests in the Debtors will be bound unless each
elects to make the Third Party Release Opt-Out Election.
The Debtors are pursuing, on parallel paths, both the Plan
Equitization Transaction and the Sale Transaction. The
Restructuring Transactions contemplated in the Plan include four
toggle scenarios for a path forward: (i) a sale of all Debtors'
assets (i.e., both Servicing Business and Origination Business);
(ii) the separate sale of just the Servicing Business, for cash to
a third party or by credit bid to the Prepetition Secured Lenders;
(iii) conversion of the debt of the DIP Lenders and Prepetition
Secured Lenders into preferred and common equity in the Reorganized
Debtors under the Plan; or (iv) an alternative plan sponsored and
funded by a third party.
The Bidding Procedures Order provided that, if the Debtors did not
timely receive a bid for the purchase of all or substantially all
of their assets or an alternative plan proposal, in accordance with
the terms and conditions set forth in the Bidding Procedures Order
on or before July 28, 2025, they will consummate the Plan
Equitization Transaction.
Generally, to the extent the Restructuring Transactions are
consummated through the Plan Equitization Transaction:
* 90% of the DIP Claims will be equitized into 100% of the
Reorganized Preferred Equity, with the DIP Lenders receiving
Litigation Trust Interests in accordance with the distribution
priority set forth in the Litigation Trust Agreement, in an amount
equal to 10% of the DIP Claims;
* 90% of Prepetition First Out Claims will be equitized into
100% of Reorganized Common Equity (subject to dilution); with
Holders of Prepetition First Out Claims receiving Litigation Trust
Interests, in accordance with the distribution priorities set forth
in the Litigation Trust Agreement, in an amount equal to 10% of the
Prepetition First Out Claims;
* Holders of Prepetition Last Out Claims will receive (A) the
share allocable to such Prepetition Last Out Claim under the AAL of
100% of the Reorganized Common Equity, allocated, in the first
instance, to the Holders of Prepetition First Out Claims; and (B)
Litigation Trust Interests, if any, in accordance with the terms of
the AAL and distribution priorities set forth in the Litigation
Trust Agreement.
* Allowed General Unsecured Claims will be satisfied by (A)
the greater of (x) the recovery such claimant would be entitled to
receive under section 1129(a)(7) of the Bankruptcy Code; and (y)
its pro rata share of the GUC Recovery Pool allocable to the
applicable Debtors; and (B) Litigation Trust Interests, in
accordance with the distribution priorities set forth in the
Litigation Trust Agreement, in each case up to the Allowed Amount
of such Allowed General Unsecured Claim; and
* Intercompany Claims between and among Topco and any of its
direct or indirect subsidiaries will either be extinguished,
canceled, and/or discharged on the Effective Date or be
reinstated;
In the alternative, to the extent the Restructuring Transactions
are consummated through the Sale Transaction:
* DIP Claims will be paid in full in Cash from Sale Proceeds;
* Prepetition First Out Claims will be paid in full, in Cash;
provided, that, if proceeds from a Sale Transaction are
insufficient for payment in full, in cash, on account of the
Allowed Prepetition First Out Claims, (A) payment, in Cash to the
extent of available Cash, on account of its Allowed Prepetition
First Out Claim, and (B) Litigation Trust Interests, in accordance
with the distribution priorities set forth in the Litigation Trust
Agreement;
* Prepetition Last Out Claims will receive payment in Cash on
account of its Allowed Prepetition Last Out Claim, to the extent
that the Prepetition Last Out Lenders are entitled to such proceeds
pursuant to the terms of the AAL;
* Allowed General Unsecured Claims will be satisfied by (A) a
pro rata share of the General Unsecured Claims Distribution; and
(B) Litigation Trust Interests, in accordance with the distribution
priorities set forth in the Litigation Trust Agreement. If the Sale
Transaction does not result in a General Unsecured Claims
Distribution Allowed General Unsecured Claims will be satisfied by
Litigation Trust Interests, in accordance with the distribution
priorities set forth in the Litigation Trust Agreement; and
* Intercompany Claims between and among any Debtors whose
equity is not purchased by the Successful Bidder will, at the
option of the Debtors, either be extinguished, canceled and/or
discharged on the Effective Date or be reinstated.
Under both the Plan Equitization Transaction and the Sale
Transaction, Priority Non-Tax Claims and Other Secured Claims are
unimpaired and deemed to accept the Plan. Likewise, Administrative
Expense Claims, Fee Claims, US Trustee Fees, and Priority Tax
Claims shall be paid in full in Cash on the Effective Date or
thereafter as described in Article III of the Plan.
Class 5 consists of General Unsecured Claims. In full and final
satisfaction, compromise, settlement, release, and discharge of
each Allowed General Unsecured Claim against the Debtors, on the
Effective Date, each Holder of an Allowed General Unsecured Claim
against the Debtors shall receive:
* in the event the Restructuring Transactions are consummated
through the Plan Equitization Transaction, (A) the greater of (x)
the recovery such claimant would be entitled to receive under
section 1129(a)(7) of the Bankruptcy Code, and (y) its pro rata
share of the GUC Recovery Pool allocable to the applicable Debtors;
and (B) Litigation Trust Interests, in accordance with the
distribution priorities set forth in the Litigation Trust
Agreement, in each case up to the Allowed Amount of such Allowed
General Unsecured Claim, but excluding, for the avoidance of doubt,
any Litigation Trust Interests constituting proceeds of Consumer
Credit Transaction Claims; or
* in the event the Restructuring Transactions are consummated
through the Sale Transaction, (A) its pro rata share of the General
Unsecured Claims Distribution, if any, allocable to the applicable
Debtors, if any and (B) Litigation Trust Interests, in accordance
with the distribution priorities set forth in the Litigation Trust
Agreement, in each case up to the Allowed Amount of such Allowed
General Unsecured Claim, but excluding, for the avoidance of doubt,
any Litigation Trust Interests constituting proceeds of Consumer
Credit Transaction Claims.
A full-text copy of the Disclosure Statement dated July 30, 2025 is
available at https://urlcurt.com/u?l=kTArnu from PacerMonitor.com
at no charge.
Counsel to the Debtors:
PAUL HASTINGS LLP
Charles Persons, Esq.
Schlea Thomas, Esq.
609 Main Street, Suite 2500
Houston, Texas 77002
Telephone: (713) 860-7300
Facsimile: (713) 353-3100
Email: charlespersons@paulhastings.com
schleathomas@paulhasti
PAUL HASTINGS LLP
Matthew M. Murphy, Esq.
Geoffrey M. King, Esq.
Michael Jones, Esq.
71 South Wacker Drive, Suite 4500
Chicago, Illinois 60606
Telephone: (312) 499-6000
Facsimile: (312) 499-6100
Email: mattmurphy@paulhastings.com
geoffreyking@paulhastings.com
michaeljones@paulhasting
About Mosaic Sustainable Finance
Mosaic Sustainable Finance Corporation sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-90156) on June 6, 2025, with $1,000,000,001 to $10 billion in
assets and liabilities.
Judge Christopher M. Lopez presides over the case.
Charles Martin Persons, Esq., at Paul Hastings LLP, represents the
Debtor as legal counsel.
MP COMPLETE: Seeks Chapter 11 Bankruptcy in Florida
---------------------------------------------------
On August 6, 2025, MP Complete Solutions LLC filed Chapter 11
protection in the Southern District of Florida. According to court
filing, the Debtor reports $1,511,660 in debt owed to 1 and 49
creditors. The petition states funds will be available to unsecured
creditors.
About MP Complete Solutions LLC
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.
MP Complete Solutions LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-19098) on August
6, 2025. In its petition, the Debtor reports total assets of
$1,107,677 and total liabilities of $1,511,660.
Honorable Bankruptcy Judge Peter D. Russin handles the case.
The Debtor is represented by Adam I. Skolnik, Esq. at LAW OFFICE OF
ADAM I. SKOLNIK, PA.
NATIONAL FOOD: Seeks to Hire Patrick J. Gros CPA as Accountant
--------------------------------------------------------------
National Food & Beverage Foundation seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Louisiana to employ
Patrick J. Gros, CPA, as accountant.
The firm will assist the Debtor in the preparation and filing of
the tax returns, as well as assist in the analysis o1f various
financial documents and the handling of other accounting duties in
this case.
The firm will be paid at these rates:
Partner $275 per hour
Manager $175 per hour
Senior $150 per hour
Staff $105 per hour
Patrick J. Gros, CPA, a President at Patrick J. Gros, CPA,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Patrick J. Gros
Patrick J. Gros, CPA
651 River Hignlands Boulevard
Covington, LA 70433
Tel: (985) 898-3512
Email: info@PJGrosCPA.com
About National Food & Beverage Foundation
National Food & Beverage Foundation, d/b/a Southern Food and
Beverage Museum, based in New Orleans, is a nonprofit organization
focused on the study and celebration of food, drink, and related
cultural traditions in America and globally. Its Southern Food and
Beverage Museum houses multiple entities, including the Museum of
the American Cocktail, SoFAB Research Center, and Deelightful Roux
School of Cooking, among others, and serves as a versatile event
venue.
National Food & Beverage Foundation sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. La. Case No. 25-10974) on
May 14, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Meredith S. Grabill handles the case.
The Debtors are represented by Leo D. Congeni, Esq. at CONGENI LAW
FIRM, LLC.
NAUTICA'S EDGE: Taps Virtual Properties Realty.Biz as Estate Broker
-------------------------------------------------------------------
Nautica's Edge, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Georgia to employ Virtual Properties
Plus LLC, also known as Virtual Properties Realty.Biz, as real
estate broker.
The firm will provide these services:
(a) inspect the Debtor's properties and furnish it with an
estimate of the value of those assets;
(b) market the Debtor's properties for sale;
(c) assist with facilitating the closing of any court approved
sale of the Debtor's properties; and
(d) perform such additional work as may be required based upon
the firm's analysis of Debtor's properties and which would be in
the ordinary course of services performed by a broker.
The real estate broker will receive a 5 percent commission of the
sale price.
Jamie Mertz, a principal at Virtual Properties Realty.Biz,
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:
Jamie Mertz
Virtual Properties Realty.Biz
2750 Premiere Pkwy., Suite 200
Duluth, GA 30097
About Nautica's Edge LLC
Nautica's Edge LLC owns two properties in Atlanta, Georgia. The
first is a rental home at 6550 Powers Ferry Rd NW, with an
estimated value of $915,000. The second is a 3.52-acre undeveloped
parcel at 6500 Powers Ferry Rd NW, valued at around $750,000.
Nautica's Edge LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-54710) on April 29,
2025. In its petition, the Debtor reports total assets of
$1,670,000 and total liabilities of $505,000.
The Debtor is represented by Michael D. Robl, Esq. at Robl & Bowen
LLC.
NEAR INTELLIGENCE: Former Execs Accused in $25MM Fraud
------------------------------------------------------
Pete Brush of Law360 Bankruptcy Authority reports that an
indictment unsealed Thursday, August 7, 2025, in Manhattan federal
court accuses two executives of bankrupt California data company
Near Intelligence Inc. and a third executive from advertising firm
MobileFuse LLC of conspiring to fraudulently inflate Near's
revenues by $25 million.
About Near Intelligence
Near Intelligence Inc. -- https://www.near.com -- publicly traded
software firm that provides data insights to major companies
including Wendy's Co. and Ford Motor Co. Near is a global,
privacy-led data intelligence platform curates one of the world's
largest sources of intelligence on people and places. Near's
patented technology analyzes data to deliver insights on
approximately 1.6 billion unique user IDs across 70 million points
of interest in more than 44 countries. With a presence in
Pasadena, San Francisco, Paris, Bangalore, Singapore, Sydney, and
Tokyo, Near serves enterprises in a diverse spectrum of industries
including retail, real estate, restaurant, travel/tourism,
telecom,
media, and more.
Near Intelligence Inc. and its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case
No. 23-11962) on Dec. 8, 2023. In the petition filed by CFO John
Faieta, the Debtor estimated assets between $50 million and $100
million and liabilities between $100 million and $500 million.
Near is represented by Willkie Farr & Gallagher LLP and Young
Conway Stargatt & Taylor, LLP, as counsel, Ernst & Young LLP as
restructuring advisor and GLC Advisors & Co., LLC, as restructuring
investment banker. Kroll is the claims agent.
Blue Torch, as DIP Agent and Lender, is represented by MORRIS,
NICHOLS, ARSHT & TUNNELL LLP (Robert J. Dehney, Matthew Harvey,
Brenna Dolphin); and KING & SPALDING LLP (Geoffrey M. King, Roger
G. Schwartz, Miguel Cadavid).
NEDDY LLC: Court Extends Cash Collateral Access to Sept. 30
-----------------------------------------------------------
Neddy LLC received another extension from the U.S. Bankruptcy Court
for the District of Arizona to use cash collateral to fund
operations.
The court's third amended stipulated order extended the Debtor's
authority to use cash collateral through September 30 or until a
confirmed plan becomes effective.
As adequate protection, The Huntington Bank will continue to
receive monthly payments of $7,500, plus all interest on the
Huntington line of credit.
In addition, the bank was granted replacement liens on its
pre-bankruptcy collateral and the proceeds thereof, with the same
priority and extent as its pre-bankruptcy liens.
About Neddy LLC
Neddy LLC, operating as Fortress Asphalt, is a construction company
based in Peoria, Ariz.
Neddy filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-01459) on February 22,
2025, listing between $500,000 and $1 million in assets and between
$1 million and $10 million in liabilities.
Judge Brenda K. Martin handles the case.
The Debtor is represented by Alan A. Meda, Esq., at Burch &
Cracchiolo, PA.
The Huntington Bank, as secured creditor, is represented by:
Nicholas S. Bauman, Esq.
Womble Bond Dickinson (US) LLP
Tel: +1 602.262.5746
Nick.Bauman@wbd-us.com
NEW REDBIRD: Seeks Chapter 11 Bankruptcy in Oklahoma
----------------------------------------------------
On August 5, 2025, New Redbird Business Group LLC filed Chapter
11 protection in the Eastern District of Oklahoma. According to
court filing, the Debtor reports between $10 million and $50
million in debt owed to 1 and 49 creditors. The petition states
funds will not be available to unsecured creditors.
About New Redbird Business Group LLC
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.
New Redbird Business Group LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Okla. Case No. 25-80714) on
August 5, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Paul R. Thomas handles the case.
The Debtor is represented by Joe Byars, Esq. at HELTON LAW FIRM.
ORB ENERGY: Seeks Chapter 11 Bankruptcy in Texas
------------------------------------------------
On August 5, 2025, ORB Energy Co. filed Chapter 11 protection in
the Southern District of Texas. According to court filing, the
Debtor reports between $10 million and $50 million in debt owed to
1 and 49 creditors. The petition states funds will be available to
unsecured creditors.
About ORB Energy Co.
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.
ORB Energy Co. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-80363) on August 5,
2025. In its petition, the Debtor reports total assets of
$70,320,000 and estimated liabilities between $10 million and $50
million.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Steven Shurn, Esq. at HUGHES WATTERS
ASKANASE LLP.
OSTENDO TECHNOLOGIES: Hires Sherwood as Restructuring Advisor
-------------------------------------------------------------
Ostendo Technologies, Inc. seeks approval from the U.S. Bankruptcy
Court for the Central District of California to employ Sherwood
Partners, Inc. as restructuring advisor.
The firm will provide Andrew De Camara as chief restructuring
officer (CRO) and certain additional personnel to the Debtor.
The CRO and additional personnel will render these services:
(a) provide guidance and management services with respect to
the Debtor's Chapter 11 bankruptcy proceedings;
(b) assist in the operation of the Debtor during its Chapter
11 bankruptcy proceedings;
(c) initiate, prosecute, and/or maintain lawsuits that the CRO
may believe to be necessary in order to preserve and/or maximize
the value of Debtor's assets so as to improve returns for its
creditors and shareholders;
(d) communicate with employees, vendors and other key
stakeholders;
(e) communicate with the bankruptcy court and with U.S.
Trustee's office on behalf of the Debtor as may be required;
(f) assist in the preparation of schedules and statement of
financial affairs;
(g) assist in the preparation of monthly operating reports and
other bankruptcy requirements;
(h) prepare cash flow projections including debtor in
possession budgets and declarations required for filing under the
bankruptcy code, as appropriate; and
(i) such other services as mutually agreed upon by the CRO,
Sherwood and the Debtor.
Intellectual Property and Other Assets Sales Services are the
following:
(a) market and sell substantially all of the Debtor's assets;
(b) in regards to the intellectual property assets of the
Debtor, Sherwood's efforts shall include:
(i) work with the Debtor to create a list of assets to be
sold, including the intellectual property assets;
(ii) advise on the structure of a sale process;
(iii) develop a target list of potential acquirers;
(iv) work with the Debtor to prepare an offering
memorandum, non-disclosure agreement and data room;
(v) commence external outreach to the target list of
potential acquirers;
(vi) assist potential buyers with due diligence and
formulation of offers; and
(vii) work with the Debtor to assist in the closing of a
sale transaction.
The firm will be paid at these hourly rates:
Andrew De Camara, CRO $715
Additional Personnel $450 - $675
In addition, the firm will seek reimbursement for expenses
incurred.
The firm will receive a $100,000 retainer from the Debtor, with
$50,000 of such retainer to be allocated toward CRO/Financial
Advisory Services and $50,000 of such retainer to be allocated
toward intellectual property and other assets sale services.
Mr. De Camara 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:
Andrew De Camara
Sherwood Partners, Inc.
3945 Freedom Cir.
Santa Clara, CA 95054
Telephone: (650) 454-8001
About Ostendo Technologies Inc.
Ostendo Technologies Inc. develops advanced display and imaging
technologies, including micro-LED and quantum photonic imagers. The
Company operates in the semiconductor sector and maintains
facilities in California.
Ostendo Technologies Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11111) on June
24, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Victoria S. Kaufman handles the case.
The Debtor tapped Ron Bender, Esq. at Levene, Neale, Bender, Yoo &
Golubchik LLP as counsel and Sherwood Partners, Inc. as
restructuring advisor.
OUTER AISLE: Taps Winthrop Golubow Hollander as Insolvency Counsel
------------------------------------------------------------------
Outer Aisle Gourmet, LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California to hire Winthrop
Golubow Hollander, LLP as its general insolvency counsel.
The firm will render these services:
a. advise and assist the Debtor with respect to compliance
with the requirements of the Office of the United States Trustee;
b. advise the Debtor regarding matters of bankruptcy law,
including the rights and remedies of the Debtor in regard to its
assets and to the claims of its creditors;
c. represent the Debtor in any proceedings or hearings in this
Court and in any proceedings in any other court where the Debtor's
rights under the Bankruptcy Code may be litigated or affected;
d. conduct examinations of witnesses, claimants, or adverse
parties and to prepare, and to assist the Debtor in the preparation
of, reports, accounts, and pleadings related to the Debtor's case;
e. advise the Debtor concerning the requirements of the
Bankruptcy Court, the Federal Rules of Bankruptcy Procedure and the
Local Bankruptcy Rules;
f. file any motions, applications or other pleadings
appropriate to effectuate the Debtor's reorganization;
g. review claims filed in the Debtor's case, and, if
appropriate, to prepare and file objections to disputed claims;
h. assist the Debtor in the negotiation, formulation,
confirmation, and implementation of its Chapter 11 plan;
i. take such other action and perform such other services as
the Debtor may require of the Firm in connection with its case;
and
j. address any other bankruptcy-related issues that may arise
in the Debtor's case.
The firm will be paid at these rates:
Marc J. Winthrop $895 per hour
Robert E. Opera $895 per hour
Sean A. O'Keefe $895 per hour
Richard H. Golubow $795 per hour
Garrick A. Hollander $795 per hour
Peter W. Lianides $795 per hour
John D. Giampolo $695 per hour
P.J. Marksbury $350 per hour
Jeannie Martinez $295 per hour
Sylvia Villegas $225 per hour
The firm will be paid a retainer of $50,000.
Garrick Hollander, Esq., a partner at Winthrop Golubow Hollander,
disclosed in a court filing that the firm is a "disinterested
person" as that term is defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Garrick A. Hollander, Esq.
Winthrop Golubow Hollander, LLP
1301 Dove Street, Suite 500
Newport Beach, CA 92660
Telephone: (949) 720-4100
Facsimile: (949) 720-4111
Email: ghollander@wghlawyers.com
About Outer Aisle Gourmet LLC
Outer Aisle Gourmet LLC is a Ventura-based specialty food
manufacturer.
Outer Aisle Gourmet LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10915-RC) on July 9,
2025. In its petition, the Debtor reports estimated assets
between$100,000 and $500,000 and estimated liabilities between $10
million and $50 million.
The Debtor is represented by Garrick A. Hollander at Winthrop
Golubow Hollander, LLP.
PALMAS ATHLETIC: Section 341(a) Meeting of Creditors on September 8
-------------------------------------------------------------------
On August 4, 2025, Palmas Athletic Club Corp. filed Chapter 11
protection in the District of Puerto Rico. According to court
filing, the Debtor reports $36,514,983 in debt owed to 1 and 49
creditors. The petition states funds will be available to unsecured
creditors.
A meeting of creditors under Section 341(a) to be held on September
8, 2025 at 10:00 AM via Telephonic Conference.
About Palmas Athletic Club Corp.
Palmas Athletic Club Corp. owns and operates a 420-acre
recreational property within Palmas Del Mar Resort in Humacao,
Puerto Rico. The site includes two 18-hole golf courses, a
22,200-square-foot clubhouse, a 5,600-square-foot beach clubhouse,
and related facilities.
Palmas Athletic Club Corp. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.P.R. Case No. 25-03489) on August 4,
2025. In its petition, the Debtor reports total assets of
$16,793,944 and total liabilities of $36,514,983.
The Debtor is represented by Charles A. Cuprill Hernandez, Esq. at
CHARLES A. CUPRILL, PSC, LAW OFFICES. The Debtor's Financial
Consultant is CPA LUIS R. CARRASQUILLO & CO, PSC.
PARLEMENT TECHNOLOGIES: Gets Chap. 11 Liquidation Plan Confirmation
-------------------------------------------------------------------
Ben Zigterman of Law360 Bankruptcy Authority reports that on
Thursday, August 7, 2025, a Delaware bankruptcy judge approved the
Chapter 11 liquidation plan of the former owner of conservative
social media platform Parler, following the debtor's resolution of
an objection from its ousted CEO.
About Parlement Technologies Inc.
Parlement Technologies Inc., f/k/a Parler LLC and Parler Inc., is a
technology services company in Nashville, Tenn., serving businesses
and organizations of all sizes.
Parlement Technologies filed a Chapter 11 petition (Bankr. D. Del.
Case No. 24-10755) on April 15, 2024, listing up to $50 million in
both assets and liabilities. Craig Jalbert, chief restructuring
officer, signed the petition.
Judge Craig T. Goldblatt oversees the case.
Jeremy W. Ryan, Esq., at Potter Anderson & Corroon, LLP serves as
the Debtor's bankruptcy counsel.
PENNYMAC FINANCIAL: S&P Rates New $650MM Sr. Unsecured Notes 'B+'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'B+' issue rating and '3' recovery
rating to PennyMac Financial Services Inc.'s (PFSI's; B+/Stable/--)
proposed $650 million senior unsecured notes due 2034. The '3'
recovery rating reflects our expectation for meaningful (50%-70%;
rounded estimate: 55%) recovery in a simulated default scenario.
The company intends to use the net proceeds to repay its secured
debt, including mortgage servicing rights (MSR) term loans, and for
other general corporate purposes.
PFSI's MSR portfolio reached $9.5 billion as of June 2025 from $7.9
billion a year prior, which supports the recovery rating on its
unsecured notes. S&P views positively the company's efforts to be
more reliant on unsecured funding, which unencumbers its balance
sheet and lowers the margin call risk of its capital structure.
As of June 30, 2025, the company's adjusted debt to rolling
12-month EBITDA (based on S&P Global Ratings' calculations) was
4.5x, within our base-case expectation of 4.0x-5.0x. The company's
debt to tangible equity was 1.6x, which remained close to our 1.5x
base-case expectation.
S&P said, "The stable rating outlook on PFSI indicates our
expectation that over the next 12 months, while the uncertain
interest rate environment could delay the recovery of residential
mortgage origination, the company will sustain adjusted debt to
EBITDA at 4.0x-5.0x. We also expect debt to tangible equity to
remain close to 1.5x on a sustained basis, and PFSI to maintain
sufficient liquidity to meet operational needs."
PHILLIPS TOTAL: Hires Carmichael & Quartemont as Counsel
--------------------------------------------------------
Phillips Total Care Pharmacy, Inc. seeks approval from the U.S.
Bankruptcy Court for the Western District of Wisconsin to employ
Carmichael & Quartemont, S.C. to handle the bankruptcy
proceedings.
Carmichael requests to be paid an hourly fee of $375.
Carmichael & Quartemont does not hold or represent any interest
adverse to the Debtor or its bankruptcy estate, its creditors, or
any other party in interest and is a "disinterested person" as that
term is defined in 11 U.S.C. Sec. 101(14), according to court
filings.
The firm can be reached through:
Jay S. Carmichael, Esq.
Carmichael & Quartemont S C
916 Oak Ave.
Tomah, WI 54660
Phone: (608) 372-3239
About Phillips Total Care Pharmacy, Inc.
Phillips Total Care Pharmacy Inc. is a retail pharmacy based in
Mauston, Wis.
Phillips Total Care Pharmacy sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Wis. Case No. 25-10699) on March
28, 2025. In its petition, the Debtor reported between $1 million
and $10 million in both assets and liabilities.
The Debtor is represented by Claire Ann Richman, Esq., and Michael
P. Richman, Esq., at Richman & Richman, LLC.
PLAZA UTILITIES: Seeks Chapter 11 Bankruptcy in Indiana
-------------------------------------------------------
On August 4, 2025, Plaza Utilities LLC filed Chapter 11 protection
in the Southern District of Indiana. According to court filing,
the Debtor reports $795,249 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Plaza Utilities LLC
Plaza Utilities LLC and affiliates are real estate entities that
hold fee simple ownership of undeveloped commercial land in New
Palestine, Indiana. The three companies own adjacent or nearby
parcels along W US 52 and South 600 West, and are involved in
property holding and potential development in the area.
Plaza Utilities LLC and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-04649) on
August 4, 2025. In its petition, the Debtor reports estimated
assets of $3,244,300 and estimated liabilities of $795,249.
Honorable Bankruptcy Judge James M. Carr handles the case.
The Debtor is represented byMatthew D Boruta, Esq. at MATTHEW D
BORUTA.
PORCELANATTO CORP: Seeks to Hire Mendez Law Offices as Counsel
--------------------------------------------------------------
Porcelanatto Corp. seeks approval from the U.S. Bankruptcy Court
for the Southern District of Florida to employ Mendez Law Offices
PLLC as counsel.
The firm will render these services:
(a) advise the Debtor with respect to its powers and duties;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's operating guidelines and
reporting requirements and with the rules of the court;
(c) prepare legal documents necessary in the administration of
the Chapter 11 case;
(d) protect the interest of the Debtor in all matters pending
before the court; and
(e) represent the Debtor in negotiation with its creditors in
the preparation of a plan.
The hourly rates of the firm's counsel and staff are:
Attorney $450
Legal Assistant/Paralegal $150
The firm requires an initial fee of $15,000 from the Debtor.
Diego Mendez, Esq. disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Diego G. Mendez, Esq.
Mendez Law Offices, PLLC
P.O. Box 228630
Miami, FL 33178
Telephone: (305) 264-9090
Facsimile: (305) 264-9080
Email: diego.mendez@mendezlawoffices.com
About Porcelanatto Corp.
Porcelanatto Corp. is a Miami-based importer and distributor of
porcelain and ceramic tiles.
Porcelanatto Corp. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-17669) on
July 3, 2025. In its petition, the Debtor reports estimated assets
up to $50,000 and estimated liabilities between $500,000 and $1
million.
Judge Corali Lopez-Castro handles the case.
The Debtor is represented by Diego Mendez, Esq., at Mendez Law
Offices, PLLC.
POSH QUARTERS: Voluntary Chapter 11 Case Summary
------------------------------------------------
Debtor: Posh Quarters, LLC
478 S.E. 5th Avenue
Melrose, FL 32666
Chapter 11 Petition Date: August 8, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 25-02748
Judge: Hon. Jason A Burgess
Debtor's Counsel: Bryan K. Mickler, Esq.
LAW OFFICES OF MICKLER & MICKLER, LLP
5452 Arlington Expy.
Jacksonville FL 32211
E-mail: bkmickler@planlaw.com
Total Assets: $1,178,812
Total Liabilities: $1,639,809
The petition was signed by Lisa Adams as manager.
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/Q4PHHDQ/Posh_Quarters_LLC__flmbke-25-02748__0001.0.pdf?mcid=tGE4TAMA
POWIN LLC: Committee Taps Brown Rudnick LLP as Co-Counsel
---------------------------------------------------------
The official committee of unsecured creditors of Powin, LLC and its
affiliates seeks approval from the U.S. Bankruptcy Court for the
District of New Jersey to employ Brown Rudnick LLP as co-counsel.
The firm will provide these services:
(a) assist, advise, and represent the committee in its
meetings, consultations and negotiations with the Debtors and other
parties in interest regarding the administration of these cases;
(b) assist, advise, and represent the committee in
understanding its powers and duties under the Bankruptcy Code and
the Bankruptcy Rules and in performing other services as are in the
interests of those represented by the committee;
(c) assist the committee's review of the Debtors' Schedules of
Assets and Liabilities, Statement of Financial Affairs and other
financial reports prepared by or on behalf of the Debtors;
(d) assist committee's investigation of the acts, conduct,
assets, liabilities, and financial condition of the Debtors and
their affiliates;
(e) assist and advise the committee regarding the
identification and prosecution of estate claims and causes of
action;
(f) assist and advise the committee in its review and analysis
of, and negotiations with the Debtors and any counterparties
related to, any potential sale or restructuring transactions;
(g) review and analyze all applications, motions, complaints,
orders, and other pleadings filed with the court by the Debtors or
third parties, and advise the committee as to their propriety and,
after consultation with the committee, take any appropriate
action;
(h) prepare necessary legal papers on behalf of the committee,
and pursue or participate in contested matters and adversary
proceedings as may be necessary or appropriate in furtherance of
the committee's duties, interest, and objectives;
(i) represent committee at hearings held before the court and
communicate with the committee regarding the issues raised, and the
decisions of the court;
(j) assist, advise and represent committee in connection with
the review of filed proofs of claim and reconciliation of or
objections to such proofs of claim and any claims estimation
proceedings;
(k) assist, advise and represent committee in its
participation in the negotiation, formulation, and drafting of a
plan of reorganization/liquidation;
(l) assist, advise and represent the committee with respect to
its communications with the general creditor body regarding
significant matters in these cases;
(m) respond to inquiries from individual creditors as to the
status of, and developments in, these cases; and
(n) provide such other services to the committee as may be
necessary in these cases or any related proceedings.
The firm's counsel and staff will be paid at these hourly rates:
Partners $950 - $2,450
Counsel $445 - $1,290
Associates $685 - $1,015
Paralegals $400 - $550
In addition, the firm will seek reimbursement for expenses
incurred.
The following information is provided pursuant to 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?
Response: No.
QUESTION: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Response: No.
QUESTION: If you represented the client in the 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.
Response: No.
QUESTION: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Response: The Committee will approve a budget and general
staffing plan in connection with Brown Rudnick’s representation
of the Committee.
Bennett Silverberg, Esq., a partner at Brown Rudnick, 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:
Bennett S. Silverberg, Esq.
Brown Rudnick LLP
One Financial Center
Boston, MA 02111
Telephone: (617) 856-8586
About Powin LLC
Powin, LLC is a manufacturer of utility-scale battery energy
storage systems. It specializes in designing and manufacturing
advanced energy storage solutions for utility, commercial, and
industrial applications.
Powin and its affiliates sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Lead Case No. 25-16137) on June 10,
2025. In its petition, Powin reports estimated assets and
liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Michael B. Kaplan handles the cases.
The Debtors tapped Togut, Segal & Segal LLP and Dentons US LLP as
counsel and Huron Transaction Advisory LLC as investment banker.
POWIN LLC: Committee Taps Genova Burns LLC as Local Co-Counsel
--------------------------------------------------------------
The official committee of unsecured creditors of Powin, LLC and its
affiliates seeks approval from the U.S. Bankruptcy Court for the
District of New Jersey to employ Genova Burns LLC as its local
co-counsel.
The firm's services will include the filing of all pleadings,
motions, responses, and all other filings the Committee deems
necessary. Genova Burns' familiarity with local practice and
procedure will aid the Committee with its charge of diligently
representing the interests of general unsecured creditors. Genova
Burns will participate in calls and meetings concerning strategy,
status, process, and procedure, as well as provide meaningful
insight into the local practices and preference of the court and
its clerks.
The firm's standard hourly rates are:
Partners $500 to $950
Counsel $450 to $650
Of Counsel $500 to $700
Associates (1-3 years) $325
Associates (4-8 years) $375
Associates (9+ years) $425
Paralegals $275
The following information is provided pursuant to paragraph D.1 of
the U.S. Trustee Guidelines:
a. Genova Burns has assured the Committee that the rate
structure provided by Genova Burns is not significantly different
from the rates that (a) Genova Burns charges for other
non-bankruptcy engagements.
b. Genova Burns does not vary its rate based on geographic
location.
c. Genova Burns has not represented the Committee in the last
12 months.
d. Genova Burns is formulating a monthly budget and staffing
plan for the next few months of this case. Genova shall provide the
Committee with an updated budget should the case and Committee
needs change.
Daniel Stolz, Esq., a partner at Genova Burns, disclosed in a court
filing that his firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Daniel M. Stolz, Esq.
Donald W. Clarke, Esq.
Genova Burns LLC
110 Allen Road, Suite 304
Basking Ridge, NJ 07920
Email: (973) 467-2700
About Powin LLC
Powin, LLC is a manufacturer of utility-scale battery energy
storage systems. It specializes in designing and manufacturing
advanced energy storage solutions for utility, commercial, and
industrial applications.
Powin and its affiliates sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Lead Case No. 25-16137) on June 10,
2025. In its petition, Powin reports estimated assets and
liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Michael B. Kaplan handles the cases.
The Debtors tapped Togut, Segal & Segal LLP and Dentons US LLP as
counsel and Huron Transaction Advisory LLC as investment banker.
POWIN LLC: Secures Court Approval for $54MM Asset Sales
-------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that a New
Jersey bankruptcy judge on Wednesday, August 6, 2025, signed off on
the $54 million sale of Powin LLC's assets following a day of
negotiations to address customer objections.
About Powin LLC
Powin, LLC is a manufacturer of utility-scale battery energy
storage systems. It specializes in designing and manufacturing
advanced energy storage solutions for utility, commercial, and
industrial applications.
Powin and its affiliates sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Lead Case No. 25-16137) on June 10,
2025. In its petition, Powin reports estimated assets and
liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Michael B. Kaplan handles the cases.
The Debtors tapped Togut, Segal & Segal LLP and Dentons US LLP as
counsel and Huron Transaction Advisory LLC as investment banker.
PPS PROPERTY 8-10: Taps Robert C. Nisenson as Bankruptcy Counsel
----------------------------------------------------------------
PPS Property 8-10 Sanford Ave., LLC seeks approval from the U.S.
Bankruptcy Court for the District of New Jersey to hire Robert C.
Nisenson, LLC to handle its Chapter 11 bankruptcy proceedings.
The Debtor will pay a retainer of $1,500 and $1,726 for filing fees
and will be billed at the rate of $350 per hour.
Robert C. Nisenson LLC is a disinterested person under 11 U.S.C.
Sec. 101(14), according to court filings.
The firm can be reached through:
Robert C. Nisenson, Esq.
ROBERT C. NISENSON, LLC
10 Auer Court
East Brunswick, NJ 08816
Tel: (732) 238-8777
Email: r.nisenson@rcn-law.com
About PPS Property 8-10 Sanford Ave., LLC
PPS Property 8-10 Sanford Ave., LLC sought protection for relief
under Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case No.
25-17193) on July 8, 2025, listing $100,001 to $500,000 in both
assets and liabilities.
Judge Vincent F Papalia handles the case.
Robert C. Nisenson, Esq. at Robert C. Nisenson, LLC represents the
Debtor as counsel.
R.W. SIDLEY: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------
The U.S. Trustee for Region 9 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of R.W. Sidley Inc.
About R.W. Sidley Inc.
R.W. Sidley Inc. is a construction materials company based in
Thompson, Ohio.
R.W. Sidley sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ohio Case No. 25-12797) on July 2, 2025. In its
petition, the Debtor reported up to $50,000 in assets and between
$1 million and $10 million in liabilities.
Honorable Bankruptcy Judge Jessica E. Price Smith handles the
case.
The Debtor is represented by Anthony J. DeGirolamo, Esq.
RB BIOSCIENCE: Seeks Chapter 11 Bankruptcy in Oklahoma
------------------------------------------------------
On August 5, 2025, RB Bioscience Stilwell LLC filed Chapter 11
protection in the Eastern District of Oklahoma. According to court
filing, the Debtor reports between $10 million and $50 million in
debt owed to 1 and 49 creditors. The petition states funds will not
be available to unsecured creditors.
About RB Bioscience Stilwell LLC
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.
RB Bioscience Stilwell LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Okla. Case No. 25-80716) on
August 5, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $10 million and $50 million ech.
The Debtor is represented by Joe Byars, Esq. at HELTON LAW FIRM.
RCM LIVING ASSET: Section 341(a) Meeting of Creditors on Sept. 3
----------------------------------------------------------------
On August 4, 2025, RCM Living Asset Management Services LLC filed
Chapter 11 protection in the Middle District of Florida. According
to court filing, the Debtor reports between $1 million and $10
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on September
3, 2025 at 11:00 AM. U.S. Trustee (Dorr) will hold the meeting
telephonically. Call in Number: 888-330-1716. Passcode: 3989722#.
About RCM Living Asset Management Services LLC
RCM Living Asset Management Services LLC is a real estate holding
company whose principal assets are located at East Zack Street and
North Florida Avenue in Tampa, Florida.
RCM Living Asset Management Services LLC sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-05491) on August 4, 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 Roberta A. Colton handles the case.
The Debtor is represented by Megan W. Murray, Esq. at UNDERWOOD
MURRAY, P.A.
RENT-A-CHRISTMAS LLC: Jolene Wee Named Subchapter V Trustee
-----------------------------------------------------------
The Acting U.S. Trustee for Region 4 appointed Jolene Wee of JW
Infinity Consulting, LLC as Subchapter V trustee for
Rent-A-Christmas LLC.
Ms. Wee will be compensated at $640 per hour for work performed in
2025. In addition, the Subchapter V trustee will receive
reimbursement for work-related expenses incurred.
Ms. Wee declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jolene E. Wee
JW Infinity Consulting, LLC
447 Broadway 2nd Fl #502
New York, NY 10013
Telephone: (929) 502-7715
Facsimile: (646) 810-3989
Email: jwee@jw-infinity.com
About Rent-A-Christmas LLC
Rent-A-Christmas, LLC is a seasonal decoration rental company
specializing in Christmas trees, lights, and holiday displays for
commercial and residential customers.
Rent-A-Christmas sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-22707) on
July 29, 2025. In its petition, the Debtor reported estimated
assets between $100,000 and $500,000 and estimated liabilities $1
million and $10 million.
The Debtor is represented by Julie Cvek Curley, Esq., at Kirby
Aisner & Curley LLP.
RITE AID: Selects Med Pharmacy as Buyer of Pharmacy Assets
----------------------------------------------------------
Alex Wittenberg of Law360 reports that Rite Aid has informed a New
Jersey bankruptcy judge that it has chosen Med One Pharmacy Inc. to
acquire its drug inventory, customer data, leases, and other
assets, months after transferring millions of prescriptions and
dozens of stores to CVS and other companies during its Chapter 11
proceedings.
About Rite Aid
Rite Aid is a full-service pharmacy committed to improving health
outcomes. Rite Aid is defining the modern pharmacy by meeting
customer needs with a wide range of solutions that offer
convenience, including retail and delivery pharmacy, as well as
services offered through the Company's wholly owned subsidiary
Bartell Drugs. On the Web: http://www.riteaid.com/
Rite Aid and certain of its subsidiaries previously filed for
chapter 11 bankruptcy in October 2023 and emerged from bankruptcy
in August 2024.
On May 5, 2025, New Rite Aid, LLC and its subsidiaries, including
Rite Aid Corporation, commenced voluntary Chapter 11 proceedings
(Bankr. D.N.J. Lead Case No. 25-14861). As of the 2025 bankruptcy
filing date, Rite Aid operates 1,277 stores and 3 distribution
centers in 15 states and employs approximately 24,500 people. Rite
Aid is using the Chapter 11 process to pursue a sale of its
prescriptions, pharmacy and front-end inventory, and other assets.
The cases are being administered by the Honorable Michael B.
Kaplan.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
advisor, Guggenheim Securities, LLC is serving as investment
banker, and Alvarez & Marsal is serving as financial advisor to the
Company. Joele Frank, Wilkinson Brimmer Katcher is serving as
strategic communications advisor to the Company.
Kroll is the claims agent and maintains the page
https://restructuring.ra.kroll.com/RiteAid2025
Bank of America, N.A., as DIP Agent, is represented by lawyers at
Greenberg Traurig, LLP; and Choate Hall & Stewart LLP.
ROOTED SUMMERVILLE: Seeks to Hire Tom Bible Law as Attorney
-----------------------------------------------------------
Rooted Summerville, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Tennessee to hire the Law Office
of W. Thomas Bible, Jr. d/b/a Tom Bible Law as counsel.
The firm will render these services:
a. advise the applicants as to their rights, duties, and
powers as debtors-in-possession;
b. investigate and if necessary, institute legal action on
behalf of the Debtor to collect and recover assets of the estate of
the Debtor;
c. prepare and file the statements, schedules, plans, and
other documents and pleadings necessary to be filed by the
applicants in this case;
d. assist and counsel the Debtor in the preparation,
presentation and confirmation of their disclosure statement and
plan of reorganization;
e. represent the Debtor at all hearings, meetings of
creditors, conferences, trials, and other proceedings in this case;
and
f. perform such other legal services as may be necessary in
connection with this case.
The firm will be paid at these rates:
Attorneys $375 per hour
Paralegals $125 per hour
The firm has already drawn down a total of $3,988 against the
$11,738 retainer for the filing fee in the amount of $1,738, and
prepetition fees related work completed in the amount of $3,988.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
W. Thomas Bible, Jr., Esq., a partner at Tom Bible Law, 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:
W. Thomas Bible, Jr., Esq.
Tom Bible Law
6918 Shallowford Road, Suite 100
Chattanooga, TN 37421
Tel: (423) 424-3116
Fax: (423) 553-0639
Email: tom@tombiblelaw.com
About Rooted Summerville
Rooted Summerville, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. E.D. Tenn. Case No.
25-11896) on July 25, 2025, with $0 to $50,000 in assets and
$50,001 to $100,000.
Judge Nicholas W. Whittenburg presides over the case.
W. Thomas Bible, Jr., Esq. at the Law Office of W. Thomas Bible,
Jr. represents the Debtor as legal counsel.
ROSALIE WHITE: Leon Jones Named Subchapter V Trustee
----------------------------------------------------
The U.S. Trustee for Region 21 appointed Leon Jones, Esq., at Jones
& Walden, LLC, as Subchapter V trustee for Rosalie White Barnwell
Real Estate Development.
Mr. Jones will be paid an hourly fee of $500 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Jones declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Leon S. Jones, Esq.
Jones & Walden, LLC
699 Piedmont Ave. NE
Atlanta, GA 30308
Phone: (404) 564-9300
ljones@joneswalden.com
About Rosalie White Barnwell Real Estate
Rosalie White Barnwell Real Estate Development filed a petition
under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. N.D.
Ga. Case No. 25-58849) on August 5, 2025, with $500,001 to $1
million in assets and liabilities.
Judge Lisa Ritchey Craig presides over the case.
Chauncey Napoleon Barnwell, Esq. at Brown Barnwell PC represents
the Debtor as legal counsel.
S&G HOSPITALITY: Court Extends Cash Collateral Access to Sept. 30
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Ohio,
Eastern Division issued an agreed order authorizing S&G
Hospitality, Inc. and affiliates to use cash collateral through
September 30.
The court order authorized the Debtors to use cash collateral in
accordance with their budget, which shows $573,625.00 in total
undistributed operating expenses.
The budget reflects the Debtors making payment of $90,000 to RSS
COMM2015-PC1-OH, BL, LLC as adequate protection for the use of its
cash collateral. Of this amount, $17,673.40 is being escrowed for
real property taxes and $8,277.39 for insurance while the balance
will go towards RSS's obligations in accordance with the terms of
their loan agreements. Any such internal allocation by RSS does not
bind the court in determining the allowed amount of RSS's claim or
the value of its collateral.
Meanwhile, all payments made to the U.S. Small Business Association
and Itria Ventures under the prior cash collateral orders will be
subject to disgorgement if these creditors are later found to have
no interest in the cash collateral.
As additional protection for any diminution in the value of their
interests in the Debtors' pre-bankruptcy assets, RSS
COMM2015-PC1-OH, Itria and SBA will be granted a replacement lien
on such assets as well as those assets acquired by the Debtors
after the bankruptcy filing. This replacement lien will have the
same validity, priority and extent as their pre-bankruptcy lien.
The secured creditors are also entitled to a superpriority
administrative expense claim.
Events of default that will result in the termination of the
Debtors' authority to use cash collateral include dismissal or
conversion of the Debtors' bankruptcy cases; failure to pay RSS
COMM2015-PC1-OH; unauthorized sales of the collateral, or violation
of the budget.
About S&G Hospitality Inc.
S&G Hospitality, Inc. operates in the traveler accommodation
industry.
S&G Hospitality filed Chapter 11 petition (Bankr. S.D. Ohio Case
No. 23-52859) on August 18, 2023, listing up to $10 million in
assets and up to $1 million in liabilities. Abijit Vasani,
president of S&G Hospitality, signed the petition.
Judge Mina Nami Khorrami oversees the case.
The Debtor is represented by David Alan Beck, Esq. at Carpenter
Lipps & Leland LLP.
RSS COMM2015-PC1-OH, LLC, as lender, is represented by:
Tami Hart Kirby, Esq.
Porter Wright Morris & Arthur LLP
One South Main Street, Suite 1600
Dayton, OH 45402-2028
Telephone: (937) 449-6721
Facsimile: (937) 449-6820
tkirby@porterwright.com
S.E.E.K ARIZONA: Seeks to Tap Price Kong & Co. as Tax Professional
------------------------------------------------------------------
S.E.E.K. Arizona, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Arizona to employ Price Kong, & Co., CPAs, PA
as tax professional.
The firm will prepare and file an Offer in Compromise - Effective
Tax Administration to negotiate the civil tax penalties related to
2017 tax returns the Debtor filed late.
The firm will be paid at these hourly rates:
Controversy Specialist $250 - $595
Partners $400 - $450
Managers/Supervisors $215 - $325
Staff $140 - $175
In addition, the firm will seek reimbursement for expenses
incurred.
In June 16, 2025, the Debtor paid Price Kong $2,000 for its normal
bookkeeping services which pursuant to the cash collateral budget
on file with the court.
Daniel Glasgow, a tax supervisor at Prince Kong, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Daniel Glasgow
Price Kong, & Co., CPAs, PA
65 E. Missouri Ave.
Phoenix, AZ 85012
Telephone: (602) 776-6300
About S.E.E.K. Arizona LLC
S.E.E.K. Arizona LLC provides behavioral health services including
Applied Behavior Analysis (ABA) and counseling for individuals of
all ages. The Company operates in Arizona, with its primary
facility located in Mesa. Its services focus on supporting clients
in developing positive behavior, emotional regulation, and
communication skills.
S.E.E.K. Arizona LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Ariz. Case No. 25-04625) on
May 21, 2025. In its petition, the Debtor reports estimated assets
between $50,000 and $100,000 and estimated liabilities between $1
million and $10 million.
The Debtor tapped LaShawn D. Jenkins, Esq., at Jenkins Law Firm,
PLLC as counsel and Price Kong, & Co., CPAs, PA as tax
professional.
SALT LAKE CITY DISTILLERY: Seeks Cash Collateral Access
-------------------------------------------------------
Salt Lake City Distillery, LLC asked the U.S. Bankruptcy Court for
the District of Utah for final approval to use cash collateral.
The Debtor needs to use cash on hand to cover essential operating
expenses including payroll, rent, utilities, insurance, and other
business costs based on the September to November budget. The
Debtor also sought permission to exceed budgeted line items by up
to 10% and to carry forward any savings from prior periods.
This request involves five secured creditors -- Cache Valley Bank,
Rotterdam Partners, Doyle Buchanan, Headway Capital, LLC, and
Sterling Commercial Credit, LLC -- each holding interests in the
Debtor's cash collateral.
To protect their interests, the Debtor proposed to grant
replacement liens on post-petition assets but only to the extent
that the use of cash collateral causes a reduction in the value of
their secured claims.
The final hearing is scheduled for August 20.
The Debtor was previously authorized to use $97,705.83 in cash
collateral from July 31 to August 20 pursuant to the court's July
31 interim order. The interim order granted replacement liens to
creditors holding valid and perfected interests in the cash
collateral as of July 10.
About Salt Lake City Distillery LLC
Salt Lake City Distillery, LLC, operating as Dented Brick
Distillery, is a Utah-based craft spirits producer located in Salt
Lake City. It specializes in manufacturing alcoholic beverages,
primarily focused on distilled spirits production.
Salt Lake City Distillery sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Utah Case No. 25-23944) on July 10,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
Judge Peggy Hunt handles the case.
The Debtor is represented by Steven M. Rogers, Esq. at Rogers &
Russell.
Cache Valley Bank, as secured creditor, is represented by:
Reid W. Lambert, Esq.
Strong & Hanni, PC
102 South 200 East, Suite 800
Salt Lake City, UT 84111
Phone: 801-532-7080
Fax: (801) 596-1508
info@strongandhanni.com
Rotterdam Partners, as secured creditor, is represented by:
Brian M. Rothschild, Esq.
Darren Neilson, Esq.
Parsons Behle & Latimer
201 South Main Street, Suite 1800
Salt Lake City, UT 84111
Phone: 801.532.1234
Fax: 801.536.6111
BRothschild@parsonsbehle.com
DNeilson@parsonsbehle.com
ecf@parsonsbehle.com
SAMYS OC: Seeks Approval to Hire Varney & Associates as Accountant
------------------------------------------------------------------
Samys OC LLC seeks approval from the U.S. Bankruptcy Court for the
District of Kansas to employ Varney & Associates, CPAs, LLC as
accountant.
The firm will assist the Debtor in the preparation and filing of
federal and state income tax returns, the preparation of financial
statements, and general accounting consulting.
The firm will be paid at these hourly rates:
Partners $375
Manager $250
Professional Staff $225
Administrative Staff $125
Stacy Burkdoll, a certified public accountant at Varney &
Associates, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Stacy Burkdoll, CPA
Varney & Associates
1501 Pontz Ave.
Manhattan, KS 66502
Telephone: (785) 537-2202
About Samys OC LLC
Samys OC, LLC filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. D. Kansas Case No. 24-11166) on
Nov. 14, 2024, listing up to $50,000 in assets and $10 million to
$50 million in liabilities. The petition was signed by Amro M. Samy
as managing member.
Judge Mitchell L. Herren presides over the case.
The Debtor tapped Lora J. Smith, Esq., at Hinkle Law Firm as
counsel and Varney & Associates, CPAs, LLC as accountant.
SASAS HOSPITALITY: Cash Collateral Hearing Set for Aug. 13
----------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois is
set to hold a hearing on August 13 to consider another extension of
SASAS Hospitality, LLC's authority to use cash collateral.
The Debtor's authority to use cash collateral pursuant to the
court's July 30 seventh interim order expires on August 14.
The seventh interim order approved the payment of the Debtor's
expenses from the cash collateral of its senior secured creditor,
Albany Bank & Trust Company, N.A., in accordance with its budget.
The seventh interim order granted Albany a valid, perfected and
enforceable first-priority security interest in assets of the
Debtor in which it held a security interest and lien as of the
petition date, including, without limitation, cash resulting from
the Debtor's operations.
The Debtor owns and operates a hotel located at 5105 S. Howell
Avenue, Milwaukee, Wisconsin. The Debtor asserts that the value of
the hotel and real estate is in excess of $7 million.
A lien exists for the property in favor of Albany, which has a loan
with the Debtor with a balance of $4,765,754.43.
About SASAS Hospitality LLC
SASAS Hospitality, LLC is a hospitality company that owns a
property at 5105 S Howell Ave, Milwaukee, Wis.
SASAS Hospitality filed Chapter 11 petition (Bankr. N.D. Ga. Case
No. 25-03643) on March 10, 2025, listing between $1 million and $10
million in both assets and liabilities.
Judge Jacqueline P. Cox handles the case.
Paul M. Bach, Esq., at Bach Law Offices is the Debtor's bankruptcy
counsel.
Albany Bank & Trust Company, as secured creditor, is represented
by:
David A. Golin, Esq.
Saul Ewing, LLP
161 North Clark Street, Suite 4200
Chicago, IL 60601
Phone: (312) 876-7100
david.golin@saul.com
SCANDIA SPA: Taps Coldwell Banker Residential Brokerage as Realtor
------------------------------------------------------------------
Scandia Spa Center for the Performing Arts, Inc. seeks approval
from the U.S. Bankruptcy Court for the District of New Jersey to
employ Coldwell Banker Residential Brokerage as realtor.
The realtor will market and sell the Debtor's property, located at
40 Martin Lane, Frankford Township, New Jersey.
The realtor will receive a 5 percent commission of the property's
sale price. If a buyer's broker or a transactional broker is
involved, the buyer's broker or a transactional broker shall be
entitled to a share of the compensation in the amount of 2.5
percent of the gross sale.
The firm represents no interest adverse to the Debtor or to the
estate on the matters upon which it is to be engaged.
The realtor can be reached at:
Coldwell Banker Residential Brokerage
450 Exchange
Irvine, CA 92602
About Scandia Spa Center for the Performing Art
Scandia Spa Center for the Performing Arts Inc. is a New Jersey
corporation operating a combined spa facility and performing arts
center in Newton, NJ.
Scandia Spa Center for the Performing Arts Inc. sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.N.J. Case No.
25-16960) on July 1, 2025. In its petition, the Debtor reports
estimated assets between $500,000 and $1 million and estimated
liabilities between $100,000 and $500,000.
The Debtor is represented by Erin Kennedy, Esq., at Forman Holt.
SEASONAL LANDSCAPE: Court Extends Cash Collateral Access to Aug. 31
-------------------------------------------------------------------
Seasonal Landscape Solutions, Inc. received another extension from
the U.S. Bankruptcy Court for the Northern District of Illinois to
use cash collateral.
The 15th interim order authorized the Debtor to use cash collateral
in accordance with its budget, which projects total operational
expenses of $425,146 from August 1 to 31.
The Debtor is not allowed to make any payments or distributions
other than the itemized projected disbursements set forth in the
budget without the prior written consent of its pre-bankruptcy
secured lender, BMO Harris Bank, N.A.
BMO Harris Bank holds a senior lien on the Debtor's assets totaling
at least $495,000, with a subordinate lien by the U.S. Small
Business Administration.
As adequate protection, BMO Harris Bank will be granted a
replacement lien on the Debtor's assets, including accounts
receivable, inventory, machinery and equipment, and the proceed
thereof, with the same validity and extent as its pre-bankruptcy
lien.
In addition, BMO Harris Bank will be granted an administrative
expense claim under Section 507(b) of the Bankruptcy Code.
The next hearing is scheduled for August 27.
BMO Harris Bank has a senior valid blanket lien on assets of the
Debtor as of the petition date and the cash proceeds thereof. It
holds a senior security interest in all the assets of the Debtor by
way of a valid lien duly filed of which the amount due and owing
totals no less than $495,000.
About Seasonal Landscape Solutions
Seasonal Landscape Solutions, Inc. is a company in Algonquin, Ill.,
which specializes in residential design-build landscaping.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-08880) on June 17,
2024, with $500,000 to $1 million in assets and $1 million to $10
million in liabilities. Ira Bodenstein serves as Subchapter V
trustee.
Judge Janet S. Baer presides over the case.
The Debtor is represented by Richard G. Larsen, Esq., at Springer
Larsen Greene, LLC.
SKY PROTOCOL: S&P Assigns 'B-' ICR, Outlook Stable
--------------------------------------------------
S&P Global Ratings assigned its 'B-' issuer credit rating to Sky
Protocol. The outlook is stable.
Sky Protocol, previously known as Maker Protocol, is a
decentralized lending protocol that issues a stablecoin, USDS,
which exists in parallel with the existing DAI. It provides
cryptocurrency-backed loans in USDS and a savings tool for USDS
holders to earn yield.
S&P said, "Our ratings on Sky Protocol are constrained by its high
concentration of depositors, highly centralized governance, and
weak risk-adjusted capitalization. Somewhat counteracting these
weaknesses are the protocol's good track record of limited losses
on cryptocurrency-backed loans and modest earnings (although we
view earnings capacity as weak due to the protocol's reliance on
less stable revenue influenced by cryptocurrency market cycles).
"We believe that the protocol is also exposed to low-probability,
high-severity cyber risks from the use of smart contracts to store
assets. However, this risk is somewhat mitigated by its robust
smart contract audits, bug bounty programs (that reward individuals
for finding vulnerabilities in the smart contracts), and good track
record of avoiding security breaches.
"We evaluated Sky Protocol's credit quality by applying a "ratings
to principles" approach, using our "Principles Of Credit
Ratings,” Feb. 16, 2011; "Financial Institutions Rating
Methodology,” Dec. 9, 2021; and other relevant criteria.
"This is because we consider the risk factors that drive the
protocol's default risk similar to those of a nonbank financial
institution as described under these criteria (which focus on
finance companies and securities firms). Specifically, we think the
protocol's greatest risks also relate to asset quality, funding and
liquidity, and tangible capital.
"Nevertheless, we apply a ratings to principles approach because,
in our opinion, Sky Protocol exhibits fundamental differences to
traditional nonbank financial institutions that need to be
incorporated into the rating." These include:
-- Legal and regulatory risks from the uncertain status and
treatment of decentralized finance (DeFi) protocols and
decentralized autonomous organizations (DAOs) as governance
structures;
-- A novel governance structure; and
-- Capital and liquidity risk management approaches designed to
replicate the fundamental aspects of traditional lender risk
management, but with novel tools and risk calibration
considerations.
S&P's rating does not address the value of the protocol's
governance tokens (SKY and MKR), nor of more equity-like or
loss-absorbing tokens such as srUSDS and yUSDS.
Sky's business is narrowly focused on cryptocurrency-backed
lending, with reliance on less stable revenue that is influenced by
interest rates and cryptocurrency prices. Founded in 2017 and
previously known as Maker, Sky is a decentralized lending protocol
on the ethereum blockchain. (Ethereum is a decentralized,
open-source blockchain platform that enables the creation of smart
contracts and decentralized applications and uses its native
cryptocurrency, ether, for transactions and incentivizing network
participants.)
The protocol creates a stablecoin, USDS, when a borrower takes out
a loan against collateral (mostly ether, the second largest
cryptocurrency by market cap after bitcoin) based on the protocol's
limit for each collateral type and collateralization requirements,
or when a user wants to swap their USDC 1 to 1 through the peg
stability module (PSM). The protocol also allows users to deposit
USDS into savings vaults (akin to deposits) and receive savings
tokens (sUSDS).
USDS is the third-largest stablecoin, with a market cap of $7.7
billion, behind tether ($164 billion) and USDC ($64 billion). A
significant portion of Sky's revenue includes interest income from
lending activities and from its holdings of USDC or tokenized money
market funds (MMFs). Its expenses include interest paid on USDS
deposits and operational expenses allocated to contributors within
the Sky ecosystem.
The protocol sets borrowing and lending rates to influence the
supply and demand of USDS. As a result, Sky's revenue is sensitive
to volatility in interest rates set by the protocol and broader
DeFi rates. Further, borrowing and lending activities typically
decelerate during a downturn in crypto markets, which can hurt
interest income on cryptocurrency-backed loans--Sky's largest
revenue contributor.
Governance control remains highly centralized, with the ultimate
governance framework yet to be finalized and tested in practice.
Although Sky's co-founder, Rune Christensen, controls only 9% of
governance tokens, low voter turnout during key governance
decisions means that he effectively controls Sky and is
instrumental in pushing key governance decisions. There is also a
high degree of concentration in the facilitator role. (Facilitators
ensure that delegates responsible to make governance decisions are
acting in alignment with protocol interests.)
Low voter turnout also means that anyone can dominate the voting
process by controlling more than Christensen's share. In February
2025, a voter acting in coordination with another party attempted
to take over the control of Sky and derail its strategy. This was
outvoted, although the founder had to borrow against his governance
tokens from Sky.
In S&P's view, the borrowings against the governance tokens could
be risky, given assets may be liquidated, leading to a reduction in
Christensen's control over the governance process. Overall, the
incident highlights that while the governance framework is
undergoing significant transition, there is a potential risk of
strategic disruption from dissident voters.
As part of its "Endgam" project, Sky is gradually transitioning to
a new governance model. Upon reaching its intended end state,
governance will be split between the Core DAO and Sub DAOs. The
Core protocol will set the minimum capital requirements and
governance standards for Sub DAOs. The Core DAO will approve and
monitor Sub DAOs and eject any that fail to meet the requirements.
Further, governance decisions at the Core protocol level will be
voted on by a distributed group of token holders, and the
facilitator role will be decentralized.
As of July 31, 2025, there are two Sub DAOs, Spark (a DeFi lending
platform) and Grove. Both are still governed at the Core DAO level,
with the intent to transition to their own DAO governance model,
although the timing remains uncertain.
Spark represents the largest share of Sky's lending, with growth
higher than the legacy core vaults (the distinction between core
vaults and Spark stems from different liquidation mechanisms and
risk parameters, such as overcollateralization levels). More
recently, Sky announced Grove, which expects to deploy $1 billion
in a tokenized version of Janus Henderson's AAA CLO fund.
S&P said, "Our ratings incorporate our opinion of Sky's unique
characteristics relative to more traditional rated peers. In fact,
we assign Sky a 'bb' anchor (the starting point for the rating,
derived from our economic and industry risk assessments as well as
a subsector adjustment) that is lower than that of traditional
nonbank financial institutions, based on a four-notch reduction
from the U.S. bank anchor of 'bbb+'. The lower anchor reflects the
uncertain regulatory position of DeFi lending protocols.
"Although the Sky protocol is not an entity headquartered in a
specific jurisdiction, we think it has meaningful economic and
legal ties to the U.S. and the U.S. financial system. Its core
mission is to support the USDS stablecoin. Sky does not commit to
redeem USDS in U.S. dollars; rather, it offers a 1-to-1 exchange
with another stablecoin, USDC (which is pegged to the U.S.
dollar)."
To achieve this, 35% of its assets as of July 27, 2025, are in
"real world assets": U.S. Treasury bill exposures and USDC. S&P
also considers that:
-- USDC is issued by Circle, which is regulated in the U.S. at the
state level as a money transmitter;
-- Sky's MMF exposure is held through Cayman special purpose
vehicles, with the funds managed by U.S. entities (Blackrock, Janus
Henderson); and
-- Its USDC exposure is held with Coinbase, a U.S. cryptocurrency
exchange (through a self-custody wallet).
S&P views regulatory risk as significant for the rating, given
considerable uncertainty about the regulatory frameworks for DeFi.
There has been significant progress in developing a regulatory
framework for centralized stablecoins such as USDC, with the
Guiding and Establishing National Innovation for U.S. Stablecoins
Act recently signed into law. But the absence of a regulatory
framework for decentralized protocols that issue stablecoins, like
Sky, creates some uncertainty for their business models.
Future regulation could be favorable, bringing clarity and
increasing adoption, or unfavorable, imposing restrictions that
inhibit adoption or subjecting the key participants in the
governance of DeFi protocols to legal liabilities.
In addition, legal risks arise from the nascency of DAO structures,
which creates uncertainty around the interactions between DAOs and
the traditional legal system. For example, Sky uses Cayman
foundations to hold its tokenized MMF holdings and enters into
agreements with third parties to manage those assets.
S&P said, "If there were a court dispute between Sky and the Cayman
foundations, we cannot rule out the risk that a DAO may be unable
to successfully enforce its rights in court. We believe this risk
is somewhat mitigated in practice by the transparency of governance
at the DAO. We also note that Sky asserted its rights in court on
two occasions by engaging legal counsel.
"We view Sky's risk-adjusted capitalization as weak, primarily
reflecting a low surplus reserve buffer and an uncertain asset
composition. We see Sky's capital and earnings as a material
ratings weakness given the protocol's limited amount of surplus
reserve buffer to cover potential credit losses on the assets and
its weak earnings capacity.
"Sky has weak capitalization, in our view, with a risk-adjusted
capital ratio of just 0.4% as of July 27, 2025."
Sky's capital consists of two components: surplus reserve buffer
and treasury. The target amount for the surplus reserve buffer is
currently set at 70 million USDS. Unlike traditional financial
institutions, Sky's surplus reserve buffer is not adjusted
dynamically in relation to the asset composition, which S&P views
as a noteworthy weakness.
Instead, the surplus buffer is locked in the surplus reserve smart
contract and cannot be used or invested. However, balances above
the target amount can be used with governance approval for other
purposes, for example to cover expenses in the current Sky rebrand
launch phase. As a result, S&P does not include the excess in our
calculation of capital.
The second component of Sky's capital (treasury) includes the
protocol's governance tokens (MKR and SKY), which S&P does not
consider capital because the value of these tokens is likely to
diminish in a stressed scenario.
Sky's assets
Asset Share of total (%)* Risk weight (%)
Cryptocurrency-backed loans 52 75
USDC held in the PSM 24 15
Tokenized MMFs backed
by Treasury bills 12 3
USDe 11 1,250
PSM--Peg stability module.
MMFs--Money market funds.
USDe--Ethena's synthetic dollar.
*May not total 100% due to rounding.
Source: S&P Global Ratings.
Sky's balance sheet composition can fluctuate, which creates
uncertainty around the risk-adjusted capital ratio. For instance,
in July, Sky built up a direct exposure of $950 million to USDe and
the associated additional yield-bearing token (sUSDe). Sky invests
in these tokens to earn yield when rates are favorable and intends
to fluctuate this exposure according to market rates while keeping
its holdings below 20% of the outstanding USDe and sUSDe (for a
total up to $1.2 billion).
Ethena backs USDe through an asset reserve that has a shifting
composition between a hedged cryptocurrency position and Treasury
bill exposures through other stablecoins and MMFs. For example, it
takes bitcoin from depositors who want to mint USDe and enters into
short derivative transactions to neutralize market risk and
maintain value.
During a period of rising cryptocurrency prices and bullish
sentiment, favorable funding rates on the derivative positions
allow Ethena to earn a yield and pay out to depositors (because, in
this case, long position holders pay higher funding fees to short
position holders).
S&P said, "Because Ethena relies on this complex mechanism to
maintain its value, we apply a high risk weight to Sky's Ethena
exposure. This is in line with the capital charge applicable to
'Group 2' cryptocurrency assets under the Basel framework expected
to become effective in 2026.
"We view Sky's earning capacity as weak, as measured by core
earnings to S&P Global Ratings risk-weighted assets of just 0.8%.
Moreover, earnings can be volatile, because revenue is influenced
by interest rates set by the protocol, DeFi rates, and
cryptocurrency asset prices. For example, earnings were pressured
amid the crypto downturn in 2022 and 2023.
"We think Sky is exposed to low-probability, high-severity cyber
risks due to the use of smart contracts to hold assets. We believe
the potential for flaws in the smart contracts, arising from coding
errors or malevolent attacks, poses significant operational risk
and could result in financial losses or loss of user confidence."
Although robust smart contract audits and a track record of
security at Sky partially mitigate these risks, they cannot be
ruled out. Operational risks also arise from smart contracts'
reliance on data (such as the price of ether for critical functions
like liquidations) from third-party programs called oracles, which
have been targeted by bad actors to manipulate DeFi protocols to
their advantage.
To mitigate this risk, Sky uses an oracle security module that
delays the update of the price by an hour to protect against flash
crashes and erroneous price feeds. Although delayed prices could
translate into delayed liquidations, it also provides borrowers an
opportunity to adjust their positions, for example, by depositing
more collateral or repaying their loan while also supporting the
readiness of liquidators.
Sky's liquidation mechanisms have worked well during previous
crypto downturns, with a track record of minimal loan losses. The
cryptocurrency-backed loans on the Sky lending protocol have
automated liquidation triggers that liquidate collateral if a
minimum overcollateralization level is breached following a decline
in value of the collateral.
Liquidations on Spark are generally faster (nearly immediate) and
are based on an auction with a fixed discount to the collateral's
market price. By contrast, Core vaults use an auction with a
gradually decreasing price, which takes longer. Overall,
liquidations at Sky generally execute within minutes, if not
seconds, with liquidation mechanisms working well so far. For
example, loan losses at Sky were minimal during the crypto downturn
in 2022 and 2023.
Nevertheless, in both cases, there is a risk of loss on the loans
if liquidations are delayed during a period of rapid decline in
collateral value. S&P captures this risk through our risk weight on
cryptocurrency-backed loans under its capital analysis.
S&P thinks elevated depositor concentration risk creates the risk
of a liquidity run, although Sky's sufficient liquidity reserves
provide a good cushion against such risks. A significant liquidity
risk facing Sky is that more holders of USDS/DAI may seek to
withdraw (convert to USDC through the PSM) than can be supported by
the available USDC in the PSM.
This could happen, for example, because of a sustained depegging
event (i.e., the price of USDS remaining below $1 on secondary
markets) due to a loss of investor confidence in the stablecoin
caused by credit losses or a significant cyber event. Sky's
liquidity risk is over a short time horizon because all liabilities
are effectively on-demand.
Sky mitigates this risk by:
-- Maintaining a reserve of stablecoins of 20%-30% of total
assets,
-- Holding tokenized MMFs backed by short-term Treasury bills,
and
-- Increasing interest rates if withdrawals rise.
The protocol's stablecoin reserve is currently only USDC; others
would need to be made eligible by governance vote. The 20%-30%
target has been calibrated based on historical data for maximum
observed withdrawals for the protocol.
The Treasury-backed tokenized MMFs replaced the practice of holding
Treasury bills off-chain. S&P views the addition of tokenized funds
favorably compared with off-chain Treasury bill exposures, because
they provide instant liquidity instead of going through a one- or
two-day process to sell off-chain Treasury bills and bring the
funds on-chain in USDC.
As of July 27, 2025, the protocol has allocated $985 million across
two tokenized funds, all of which are backed exclusively by
short-term Treasury bills and cash in regulated financial
institutions: $608 million in Blackrock's BUIDL fund and $377
million in Janus Henderson's JTRSY fund.
If the USDC reserve falls below 20% of total assets, the protocol
would generate instant liquidity by selling the tokenized funds and
converting the proceeds to USDC to bring the reserve back to 25% of
total assets. Conversely, if the USDC reserve exceeds 30% of total
assets, the excess would be used to buy more tokenized funds.
Finally, Sky can react to higher withdrawals by increasing interest
rates, discouraging withdrawals from the savings module and
encouraging borrowers to repay or reduce their exposure, thus
improving liquidity.
Although Sky's liquidity coverage, as measured by S&P's liquidity
coverage multiple, has proved adequate over shorter time horizons,
the potential for large depositor concentration can exacerbate
liquidity risk. This can lead to sudden withdrawals that exceed
prior observations and indeed may exceed available liquidity,
especially given the on-demand nature of liabilities.
For instance, in early February, a large concentration materialized
over a couple of days with the Ethena protocol depositing
approximately $1.5 billion in the sUSDS saving module (this happens
when funding rates are less favorable). As of July 27, Ethena's
deposit in the sUSDS saving module had declined to zero. Beyond the
savings module, there is also a potential for a large concentration
in circulating USDS, which could accelerate a liquidity run.
The stable rating outlook on Sky Protocol indicates S&P's
expectation of ongoing, sufficient liquidity buffers in USDC and
tokenized MMFs and limited loan losses on the platform. It also
assumes that Sky will prudently manage its balance sheet exposures
and maintain supportive operating performance.
At any point over the next 12 months, S&P could lower the ratings
if it expects:
-- Available liquidity, including USDC in the PSM and tokenized
MMFs, to be insufficient to support the withdrawals from the
holders of USDS/DAI looking to convert to USDC. This could be the
case if USDC in the PSM--after considering any mitigating actions
such as sale of tokenized MMFs--remains sustainably close to or
below 20% of total assets;
-- Loan losses on cryptocurrency-backed loans to exceed the
surplus reserve, for example, due to a delay in the liquidation
mechanism that coincides with a drop in collateral value greater
than the substantial overcollateralization levels on these loans;
or
-- Regulatory developments to be disruptive to Sky's business
model.
An upgrade is highly unlikely in the next 12 months. Over the
longer term, S&P could raise the ratings if:
-- The governance framework evolves in line with the "Endgame"
project such that key functions are decentralized, dependency on
key individuals is reduced, and token holder participation in the
voting process expands meaningfully, limiting the risk of
disruption from misaligned voters;
-- The size of the surplus reserve is adjusted dynamically based
on the asset volume and composition as opposed to case-specific
governance interventions, such that the risk-adjusted capital ratio
is sustainably above 5%; and
-- A mechanism is in place to prevent excessive depositor
concentration.
SKYLINE EMS: Seeks to Hire Antonio Martinez Jr. as Legal Counsel
----------------------------------------------------------------
Skyline EMS, Inc. seeks approval from the U.S. Bankruptcy Court for
the Southern District of Texas to employ Antonio Martinez, Jr.,
Esq., an attorney practicing in McAllen, Texas.
The attorney will render these services:
(a) take all necessary action to protect and preserve the
estate of the Debtor;
(b) prepare on behalf of the Debtor all necessary legal papers
in connection with the administration and prosecution of its case;
(c) advise the Debtor in respect of bankruptcy matters or
other such related services as requested;
(d) perform all other necessary legal services in connection
with the case;
(e) advise the Debtor with respect to its powers and duties in
the continued management, operation and liquidation of its business
and properties;
(f) review all loan and lease documents executed by the Debtor
with its lenders and lessors;
(g) attend meetings and negotiate with representatives of
creditors and other parties in interest;
(h) review and take necessary steps if there are transfers
which may be avoided as preferential or fraudulent transfers, under
the appropriate provision of the Bankruptcy Code;
(i) prepare on the Debtor's behalf any plan or plans of
liquidation, statements, and all related agreements and/or
documents, and take any necessary action on behalf of the Debtor to
obtain confirmation of such plan;
(j) represent the Debtor in connection with any potential
post-petition financing;
(k) appear before this court, any appellate courts, and the
United States Trustee and protect the interests of the Debtor's
estate before such courts and the United States Trustee;
(l) file the Chapter 11 petition and schedules, related
pleadings and first day motions;
(m) perform all other necessary legal services with regard to
the liquidation of the Debtor's real estate; and
(n) appear before any local authorities and/or state
permitting agency with regard to the development, subdivision or
transfer of the Debtor's real estate; and take all steps necessary
to authorize use of cash collateral;
The firm will be paid at these hourly rates:
Partner $280
Associate $175
Legal Assistants $75
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $10,000 from the Debtor.
Mr. Martinez disclosed in a court filing that he is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Antonio Martinez, Jr., Esq.
515 W. Nolana Ave., Ste. B
McAllen, TX 78504
Telephone: (956) 683-1090
Email: martinez.tony.jr@gmail.com
About Skyline EMS Inc.
Skyline EMS Inc., an emergency medical services provider operating
across the Rio Grande Valley in Texas. It provides ambulance and
emergency medical response services from its base in Mission,
Texas.
Skyline EMS Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-70188) on July 7,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities of $2.86 million.
The Debtor is represented by Antonio Martinez, Jr., Esq.
SMALL FORTUNE: Gets Extension to Access Cash Collateral
-------------------------------------------------------
Small Fortune Hunter, LLC received a one-month extension from the
U.S. Bankruptcy Court for the Eastern District of North Carolina to
use cash collateral.
The fifth interim order penned by Judge David Warren authorized the
Debtor's interim use of cash collateral to pay the expenses set
forth in its 30-day budget, which covers the period August 1 to
31.
The budget projects total operational expenses of $80,533 for
August.
BayFirst National Bank, BriteCap, WebBank and The LCF Group are the
creditors that may assert a lien on the cash collateral. The Debtor
owes these creditors $342,793.
As adequate protection, these secured creditors will be granted a
lien on revenue generated and assets acquired by the Debtor after
its Chapter 11 filing to the same extent and with the same priority
as their pre-bankruptcy liens.
The next hearing is set for August 12.
About Small Fortune Hunter
Small Fortune Hunter, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-01203) on April
1, 2025, listing up to $50,000 in assets and up to $500,000 in
liabilities. Michael Seighman, member-manager of Small Fortune
Hunter, signed the petition.
Judge David M. Warren oversees the case.
Philip Sasser, Esq., at Sasser Law Firm is the Debtor's bankruptcy
counsel.
BayFirst National Bank, as secured creditor, is represented by:
Phillip M. Fajgenbaum, Esq.
Parker Poe Adams & Bernstein, LLP
620 South Tryon Street, Suite 800
Charlotte, NC 28202
Telephone: (704) 372-9000
phillipfajgenbaum@parkerpoe.com
SNAP INC: S&P Rates New $500MM Senior Unsecured Notes 'B+'
----------------------------------------------------------
S&P Global Ratings assigned its 'B+' issue-level rating and '3'
recovery rating to Snap Inc.'s proposed $500 million senior
unsecured notes due 2034. The '3' recovery rating indicates its
expectation for meaningful (50%-70%; rounded estimate: 60%)
recovery for lenders in the event of a payment default. The company
plans to use the proceeds from the proposed notes to repurchase a
portion of its convertible notes (about $2 billion outstanding
between 2026-2030).
S&P said, "Our 'B+' issuer credit rating and stable outlook on Snap
are unchanged because the proposed transaction will have minimal
impact on the company's gross leverage. It is also unchanged as
despite recent operational headwinds in its second quarter from a
change to its ad platform that caused campaigns to clear auctions
at substantially reduced prices and from changes to the de minimis
exemption, we still expect the company to maintain FOCF to debt
coverage above 5% while maintaining a cash and marketable
securities position of at least $3 billion over the next 12
months."
SOLID FINANCIAL: Seeks to Tap Omni Agent as Administrative Agent
----------------------------------------------------------------
Solid Financial Technologies, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Omni Agent
Solutions, Inc. as administrative agent.
The firm will provide these services:
(a) assist with, among other things, solicitation, balloting,
and tabulation of votes, and prepare any related reports, as
required in support of confirmation of a Chapter 11 plan, and in
connection with such services, process requests for documents from
parties in interest;
(b) prepare an official ballot certification and, if
necessary, testify in support of the ballot tabulation results;
(c) provide a confidential data room, if requested;
(d) manage and coordinate any distributions pursuant to a
Chapter 11 plan, if requested; and
(e) provide such other processing, solicitation, balloting,
and other administrative services;
The firm will be paid at these hourly rates:
Director of Soliciation and Securities $250
Solicitation and Securities Consultant $200 - $225
Senior Consultants $200 - $240
Technology/Programming $85 - $115
Consultants $75 - $195
Analyst $40 - $75
The firm will receive a retainer of $10,000 from the Debtor.
Paul Deutch, executive vice president of Omni Agent Solutions,
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:
Paul Deutch
Omni Agent Solutions, Inc.
5955 Desoto Ave., Ste. 100
Woodland Hills, CA 91367
About Solid Financial Technologies
Solid Financial Technologies Inc. is a FinTech platform that
enables banks and companies to build, scale, and launch banking and
payment solutions with ease. By offering services like account
creation, payments processing, and card issuance, Solid integrates
with partner banks to deliver seamless financial experiences. The
platform prioritizes security and compliance, helping companies
navigate regulatory requirements while driving innovation in the
financial ecosystem.
Solid Financial Technologies Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-10669) on
April 7, 2025. In its petition, the Debtor reported total assets as
of February 28, 2025 of $10,523,766 and total liabilities as of
February 28, 2025 of $4,131,647.
Judge Brendan Linehan Shannon handles the case.
The Debtor tapped Matthew P. Ward, Esq. at Womble Bond Dickinson
(US) LLP as counsel and Rock Creek Advisors, LLC as financial
advisor. Omni Agent Solutions, Inc. is the Debtor's administrative
agent.
SOUTHERN AUTO: Court Extends Cash Collateral Access to Sept. 1
--------------------------------------------------------------
Southern Auto Parts, Inc. received a one-month extension from the
U.S. Bankruptcy Court for the Eastern District of North Carolina,
New Bern Division, to use cash collateral.
The eighth interim order signed by Judge David Warren authorized
the Debtor to use cash collateral for the period from August 1 to
September 1 to pay the operating expenses set forth in its budget,
with a 10% variance allowed.
The budget projects total operational expenses of $182,899.97 for
the interim period.
The creditors that assert an interest in the Debtor's cash
collateral are General Parts Distribution, LLC, Carolina Small
Business Development Fund, House-Hasson Hardware Company,
First-Citizens Bank & Trust Company, and the U.S. Small Business
Administration.
As adequate protection, the secured creditors will be granted
post-petition lien and security interest in all property of the
Debtor with the same priority as their pre-bankruptcy lien and
security interest.
As additional protection, First-Citizens, the current holder of
several loans, will be granted a superpriority administrative
expense claim to the extent the use, sale, or lease of its
collateral results in a decrease in its interest therein.
The order remains in effect until modified or terminated by the
court. Validity of liens created under the order will survive
dismissal or conversion to Chapter 7.
The final hearing is scheduled for August 21.
About Southern Auto Parts
Southern Auto Parts, Inc., formerly known as Trenton Auto Parts,
Inc., owns and operates an auto parts store in Trenton, N.C.
Southern Auto Parts filed Chapter 11 petition (Bankr. E.D.N.C. Case
No. 25-00294) on January 27, 2025, with $1 million to $10 million
in both assets and liabilities. Jared L. Beverage, president of
Southern Auto Parts, signed the petition.
Judge David M. Warren presides over the case.
Joseph Zachary Frost, Esq., at Buckmiller & Frost, PLLC is the
Debtor's legal counsel.
First-Citizens Bank & Trust Company, as secured creditor, is
represented by:
Paul A. Fanning, Esq.
Ward and Smith, P.A.
P.O. Box 8088
Greenville, NC 27835-8088
Telephone: 252.215.4000
Facsimile: 252.215.4077
paf@wardandsmith.com
General Parts Distribution, LLC, as secured creditor, is
represented by:
Kelly C. Hanley, Esq.
P.O. Box 1000
Raleigh, NC 27602
Telephone: (919) 981-4000
Facsimile: (919) 981-4300
khanley@williamsmullen.com
Carolina Small Business Development Fund, as secured creditor, is
represented by:
James R. Vann, Esq.
Vann Attorneys, PLLC
3110 Edwards Mill Rd., Ste. 210
Raleigh, NC 27612
Telephone: (919) 510-8585
Facsimile: (919) 510-8570
jrvann@vannattorneys.com
House-Hasson Hardware Company, as secured creditor, is represented
by:
Jason L. Rogers, Esq.
Hodges, Doughty & Carson, PLLC
P.O. Box 869
Knoxville, TN 37901-0869
Telephone: (865) 292-2307
jrogers@hdclaw.com
SOUTHERN EXPRESS: Seeks Chapter 11 Bankruptcy in North Carolina
---------------------------------------------------------------
On August 5, 2025, Southern Express Inc. filed Chapter 11
protection in the Eastern District of North Carolina. According to
court filing, the Debtor reports $6,321,019 in debt owed to 50 and
99 creditors. The petition states funds will not be available to
unsecured creditors.
About Southern Express Inc.
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.
Southern Express Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-02978) on August 5,
2025. In its petition, the Debtor reports total assets of
$3,330,694 and total liabilities of $6,321,019.
Honorable Bankruptcy Judge Pamela W. Mcafee handles the case.
The Debtor is represented by Jason L. Hendren, Esq. at HENDREN,
REDWINE & MALONE, PLLC.
SOUTHWEST FIRE: Seeks to Tap Gatton & Associates as Legal Counsel
-----------------------------------------------------------------
Southwest Fire Defense, LLC seeks approval from the U.S. Bankruptcy
Court for the District of New Mexico to employ Gatton & Associates,
PC as counsel.
The firm will provide these services:
(a) represent and advise the Debtor regarding all aspects of
this bankruptcy case including adversary proceedings;
(b) prepare on behalf of the Debtor necessary legal papers;
and
(c) assist the Debtor in taking actions required to effect
reorganization under subchapter V of Chapter 11 of the Bankruptcy
Code.
The firm will be paid at these hourly rates:
Chris Gatton, Attorney $300
Benjamin Jacobs, Attorney $250
Marcus Sedillo, Attorney $250
Paralegals $140
Document Clerk $40
On October 18, 2024, the Debtor paid an initial retainer in the
amount of $15,000.
Mr. Gatton 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:
Chris M. Gatton, Esq.
Gatton & Associates, P.C.
10400 Academy NE, Suite 350
Albuquerque, NM 87111
Telephone: (505) 271-1053
Facsimile: (505) 271-4848
Email: chris@gattonlaw.com
About Southwest Fire Defense LLC
Southwest Fire Defense, LLC provides emergency same-day hazard tree
removal, tree trimming, stump grinding, defensible space creation
and tree risk assessment services in the Santa Fe, New Mexico area.
Founded in 2014 by former firefighter Daniel A. Martinez, the
company offers free estimates.
Southwest Fire Defense filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D.N.M. Case No.
25-10924) on July 28, 2025. In its petition, the Debtor reported
total assets of $706,464 and total liabilities of $1,530,318.
Judge Robert H. Jacobvitz handles the case.
The Debtor is represented by Chris Gatton, Esq., at Gatton &
Associates, PC.
SPEARMAN AEROSPACE: Court Extends Cash Collateral Access to Oct. 31
-------------------------------------------------------------------
Spearman Aerospace, Inc. received another extension from the U.S.
Bankruptcy Court for the Central District of California, Los
Angeles Division, to use cash collateral.
The fourth interim order signed by Judge Deborah Saltzman extended
the Debtor's authority to use cash collateral through October 31 to
pay the expenses set forth in its budget.
As protection for any diminution in the value of their collateral,
creditors that have a perfected security interest in the cash
collateral will be granted replacement liens on post-petition
assets, with the same validity and priority as their pre-bankruptcy
liens.
The replacement liens do not apply to any Chapter 5 claims and the
pre-bankruptcy retainer provided to Echo Park Legal, APC.
The next hearing is scheduled for October 28.
The Debtor believes Pacific Premier Bank (as successor-in-interest
to Opus Bank) may be the only secured creditor with an interest in
cash collateral. This is because while Midland States Bank, Valley
Acquisition Corporation, Celtic Capital Corporation, and ASSN
Company may have an interest in its cash collateral based on their
filings with the Secretary of State, the Debtor believes the
underlying debts owed to these creditors have already been
satisfied.
Pacific Premier Bank, as secured creditor, is represented by:
Thomas J. Polis, Esq.
Polis & Associates
A Professional Law Corporation
19800 MacArthur Boulevard, Suite 1000
Irvine, CA 92612-2433
Telephone: (949) 862-0040
Facsimile: (949) 862-0041
tom@polis-law.com
About Spearman Aerospace Inc.
Spearman Aerospace, Inc. manufactures high-precision components for
the aerospace industry, specializing in parts for landing gear
assemblies, door pivots, and gearboxes. It utilizes advanced CNC
technology to produce these components for satellite or space
applications and other aerospace needs.
Spearman Aerospace filed Chapter 11 petition (Bankr. C.D. Calif.
Case No. 25-10917) on February 6, 2025, listing between $1 million
and $10 million in both assets and liabilities.
Judge Deborah J. Saltzman handles the case.
M. Douglas Flahaut, Esq., at Echo Park Legal, APC is the Debtor's
legal counsel.
STAKEHOLDER MIDSTREAM: S&P Assigns 'B+' ICR, Outlook Stable
-----------------------------------------------------------
S&P Global Ratings assigned its 'B+' issuer credit rating to
Stakeholder Midstream LLC.
S&P said, "At the same time, we assigned our 'BB-' issue-level and
'2' recovery ratings to the proposed loan B (TLB). The recovery
rating indicates our expectation for substantial (70%-90%; rounded
estimate: 70%) recovery in the event of a payment default.
"The stable outlook reflects our view that Stakeholder will
increase its throughput volumes over the next few years, supported
by additional system capacity from the completion of its CVII
processing plant expansion in 2024."
Stakeholder's credit quality reflects its small scale, geographic
concentration, and counterparty credit risk, partially offset by
its favorable capital expenditure (capex) profile. Stakeholder is a
gathering and processing company focused on the horizontal San
Andres play within the broader Permian region. The San Andres is
situated in Southeastern New Mexico and West Texas, between the
larger Delaware and Midland basins. While the San Andres is not the
premier rock in the region, in recent years newer technologies have
attracted more drilling and have allowed producers to increase
production. Similar to the other Permian regions, break-even costs
of wells are low and have supported volumes, even during low
periods of commodity price cycles. Stakeholder has approximately
170,000 dedicated acres, with total processing capacity of 172
million cubic feet per day (mmcf/d) since June2024 following the
expansion of its CVII train. It also has three CO2 injection wells
with a permitted capacity of approximately 1,000,000 million tons
per annum (MPTA). The carbon capture segment provides some
cash-flow diversity, but it contributes only a small percentage of
the overall business (about 5% of the 2025 expected gross margin).
Stakeholder has a somewhat uncommon capital-expenditure program
referred to as "Aid-in-Construction," whereby its customers are
contractually obligated to fund certain maintenance and growth
projects. This provides Stakeholder with increased financial
flexibility and lessens the amount of capital the company needs to
deploy to maintain and grow its assets, supporting its near-term
liquidity.
Stakeholder faces considerable counterparty credit risk, partially
offset by its contract profile. The company has a significant
customer concentration, with only five primary customers and the
top producer accounting for about 40% of its gross margin. All of
the counterparties are unrated upstream exploration and production
companies, the main drilling operations of which are focused on the
San Andres. Their focused drilling in this region provides some
measure of cash-flow visibility, as S&P would expect them to
continue drilling even if commodity prices weaken.
S&P said, "While we consider the counterparty credit profile to be
a credit weakness, this risk is somewhat offset by Stakeholder's
contract profile, with about 90% of 2025 EBITDA backed by fixed-fee
contracts. While this type of contract protects the company from
changes in commodity prices, it still faces volumetric risk if the
producers reduce drilling on Stakeholder's acreage. The company has
minimal direct commodity price exposure because about 10% of EBITDA
comes from variable-rate contracts tied to commodity prices. In
addition, the majority of Stakeholder's processed gas flows to West
Coast markets, which tends to yield a higher margin than the more
competitive Gulf Coast market.
"We expect Stakeholder will generate S&P Global Ratings-adjusted
EBITDA of $185 million-$190 million in 2025 and $195 million-$205
million in 2026. We also expect that it will increase EBITDA. This
is due to its producers ramping-up activity and the additional
capacity from the CVII expansion, which helped alleviate
infrastructure bottlenecks.
"In our base-case scenario, we don't forecast the company will
pursue any additional growth projects. We expect it will generate
at least $120 million in free operating cash flow in 2025 and
beyond and sweep cash to reduce leverage when it exceeds 3.0x, with
any excess paid as a distribution to its sponsor. As a result, we
expect S&P Global Ratings-adjusted debt to EBITDA will be 3.0x-3.5x
in 2025 and 2026.
"The stable outlook reflects our view that Stakeholder will
increase its throughput volumes over the next few years, supported
by the additional system capacity following the completed CVII
processing plant expansion in 2024. We expect growth will also stem
from increased production in the region and continued strong demand
for natural gas.
"We could take a negative rating action if Stakeholder sustains
leverage above 4.0x. This could happen if throughput volumes
generated by acreage dedication contracts are lower than we
expect.
"Although unlikely, we could take a positive rating action if the
company increases the size and scale of its operations and improves
its counterparty credit risk profile while maintaining leverage
well below 3.0x, with a sufficient cushion."
STEWARD HEALTH: DOJ, Massachusetts Appeal Ch. 11 Bankruptcy Plan
----------------------------------------------------------------
James Nani of Bloomberg Law reports that Massachusetts and a U.S.
Department of Justice unit have appealed a bankruptcy court's
approval of Steward Health Care System LLC's liquidation plan,
which includes creating a trust to pursue potentially billions of
dollars in claims for creditors.
The appeals follow last July 2025's decision by U.S. Bankruptcy
Judge Christopher Lopez of the Southern District of Texas to
approve the hospital operator's wind-down plan. Once the largest
privatized health-care network in the nation, Steward filed for
Chapter 11 last 2024.
On Friday, August 1, 2025, the U.S. Trustee's Office and the
Massachusetts Office of Health and Human Services filed their
notices of appeal.
About Steward Health Care
Steward Health Care System, LLC, owns and operates the largest
private physician-owned for-profit healthcare network in the U.S.
Headquartered in Dallas, Texas, Steward's operations include 31
hospitals in eight states, approximately 400 facility locations,
4,500 primary and specialty care physicians, 3,600 staffed beds,
and nearly 30,000 employees. Steward Health Care provides care to
more than two million patients annually.
Steward and 166 affiliated debtors filed Chapter 11 petitions
(Bankr. S.D. Texas Lead Case No. 24-90213) on May 6, 2024. Judge
Christopher M. Lopez oversees the proceeding.
The Debtors tapped Weil, Gotshal & Manges, LLP as bankruptcy
counsel; McDermott Will & Emery as special corporate and regulatory
counsel; AlixPartners, LLP as financial advisor and John Castellano
of AlixPartners as chief restructuring officer. Lazard Freres & Co.
LLC, Leerink Partners LLC, and Cain Brothers, a division of KeyBanc
Capital Markets Inc., provide investment banking services to the
Debtors. Kroll is the claims agent.
Susan N. Goodman has been appointed as patient care ombudsman in
the Debtors' Chapter 11 cases.
STORMS FAMILY: Seeks to Tap Coldwell Banker as Real Estate Broker
-----------------------------------------------------------------
The Storms Family Land Trust seeks approval from the U.S.
Bankruptcy Court for the Southern District of Florida to employ
Coldwell Banker as real estate broker.
The broker will provide these services:
(a) implement a successful marketing strategy;
(b) prepare marketing materials;
(c) stage the real property for showing;
(d) negotiate a sale with a substantial deposit; and
(e) assist in closing the transaction.
The broker will receive a commission of 2.5 percent of the
property's gross selling price.
Agnes Pokropek, a real estate sales associate at Coldwell Banker,
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:
Agnes Pokropek
Coldwell Banker
6505 Gulf Blvd.
St. Pete Beach, FL 33706
About The Storms Family Land Trust
The Storms Family Land Trust is a land trust that holds a single
real estate asset located at 3325 NE 14 Court in Fort Lauderdale,
Florida. The property is valued at approximately $2.49 million.
The Storms Family Land Trust sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-16373) on June
2, 2025. In its petition, the Debtor reported total assets of
$2,489,590 and total liabilities of $3,279,886.
Judge Peter D. Russin handles the case.
The Debtor is represented by Susan D. Lasky, Esq., at Susan D.
Lasky, PA.
SYNAPSE FINANCIAL: CFPB Preps Unrecovered Consumer Funds Complaint
------------------------------------------------------------------
Rae Ann Varona of Law360 reports that the Consumer Financial
Protection Bureau is preparing to file a complaint against bankrupt
Synapse Financial Technologies, alleging it mishandled consumer
funds and left up to $90 million unrecovered, according to the
fintech firm's trustee in a filing with a California bankruptcy
judge.
About Synapse Financial Technologies
Headquartered in San Francisco, California, Synapse Financial
Technologies, Inc. -- https://synapsefi.com/ -- is a
banking-as-a-service platform for embedded finance solutions
worldwide.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. C.D. Cal. Case No. 24-10646) on April 22, 2024. In the
petition signed by Sankaet Pathak, chief executive officer, the
Debtor disclosed up to $50 million in assets and liabilities.
Judge Martin R. Barash oversees the case.
Ron Bender, Esq., at Levene, Neale, Bender, Yoo & Golubchik L.L.P.,
is the Debtor's legal counsel.
T-SHACK INC: Seeks to Hire Michael J. Harker as Bankruptcy Counsel
------------------------------------------------------------------
T-Shack Inc. seeks approval from the U.S. Bankruptcy Court for the
District of Nevada to employ The Law Offices of Michael J. Harker
as counsel.
The firm will render these services:
(a) advise and represent the Debtor concerning the rights and
remedies of the estate in regards to the assets of the estate, with
respect to the secured, priority, and general claims of creditors;
(b) advise and represent the Debtor in connection with
financial and business matters;
(c) advise and represent the Debtor in connection with the
investigation of potential causes of action against persons or
entities;
(d) represent the Debtor in any proceeding or hearing in
bankruptcy court, and in any action in other courts in which the
rights of the estate may be litigated or affected;
(e) conduct examinations of witnesses, claimants, or adverse
parties and prepare and assist in preparation of reports, accounts
applications, and orders;
(f) advise and represent the Debtor in the negotiation,
formulation and drafting of any plan of reorganization and
disclosure statement;
(g) advise and represent the Debtor in the performance of its
duties and exercise of its powers under the Bankruptcy Code,
bankruptcy rules, local rules, and the Trustee Guidelines; and
(h) provide the Debtor other necessary advice and services as
the Debtor may require in connection with this Chapter 11 case.
The firm's counsel and staff will be paid at these hourly rates:
Attorney $425
Associate Attorney $275
Paraprofessionals $175
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $7,500 from the Debtor.
Michael Harker, Esq., disclosed in a court filing that his 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 J. Harker, Esq.
The Law Offices of Michael J. Harker
2901 El Camino Ave., Ste. 200
Las Vegas, NV 89102
Telephone: (702) 248-3000
Email: notices@harkerlawfirm.com
About T-Shack Inc.
T-Shack Inc. is in the rental business and owns (or owned) several
real properties in Las Vegas.
T-Shack Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Nev. Case No. 25-11208) on March 5, 2025. In its
petition, the Debtor reports estimated assets up to $50,000 and
estimated liabilities between $1 million and $50 million.
The Debtor is represented by The Law Offices of Michael J. Harker.
TEHUM CARE: Creditors Allowed to Pursue Successor Liability Claims
------------------------------------------------------------------
Randi Love of Bloomberg Law reports that the creditors of Tehum
Care Services Inc. with personal injury or wrongful death claims
who never received an opt-out form cannot be bound by third-party
releases in the prison health-care provider's confirmed bankruptcy
plan.
YesCare Corp., a nonbankrupt affiliate of Corizon Health Inc., had
sought to block certain parties—primarily current and former
inmates—from pursuing successor liability claims against
nonbankrupt entities.
About Tehum Care Services
Tehum Care Services Inc., doing business as Corizon Health Services
Inc., is a privately held prison healthcare contractor in the
United States. It is based in Brentwood, Tenn.
Tehum Care Services filed a petition for relief under Chapter 11 of
the Bankruptcy Code (Bankr. S.D. Tex. Case No. 23-90086) on Feb.
13, 2023. In the petition filed by Russell A. Perry, as chief
restructuring officer, the Debtor reported assets between $1
million and $10 million and liabilities between $10 million and $50
million.
Judge Christopher M. Lopez oversees the case.
The Debtor tapped Gray Reed & McGraw, LLP as bankruptcy counsel;
Bradley Arant Boult Cummings, LLP, as special litigation counsel;
and Ankura Consulting Group, LLC, as financial advisor. Russell A.
Perry, senior managing director at Ankura, serves as the Debtor's
chief restructuring officer. Kurtzman Carson Consultants, LLC, is
the claims, noticing and solicitation agent.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
Stinson, LLP and Dundon Advisers, LLC, serve as the committee's
legal counsel and financial advisor, respectively.
TELLICO RENTALS: Seeks Approval to Hire ReMax Excels as Realtor
---------------------------------------------------------------
Tellico Rentals, LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Tennessee to employ ReMax Excels as
realtor.
The Debtor needs a realtor to procure and submit offers to purchase
its real property.
The realtor will receive a commission of 2.5 percent of the sales
price upon the sale of property.
Zach Miller, owner of ReMax Excels, disclosed in a court filing
that his firm is a "disinterested person" as the term is defined in
Section 101(14) of the Bankruptcy Code.
The realtor can be reached through:
Zach Miller
ReMax Excels
200 Lakeside Plaza
Loudon, TN 37774
Telephone: (865) 408-1616
Facsimile: (866) 571-0097
About Tellico Rentals LLC
Tellico Rentals, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-31173) on June 19,
2025. In the petition signed by Mohit Mankad, manager, the Debtor
disclosed up to $10 million in both assets and liabilities.
Judge Suzanne H. Bauknight oversees the case.
Edward J. Shultz, Esq., at Tarpy, Cox, Fleishman & Leveille, PLLC
represents the Debtor as counsel.
TJ TRUCKING: Court Extends Cash Collateral Access to Oct. 10
------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Ohio issued
a second interim order authorizing T.J. Trucking Enterprises, LLC
to continue using cash collateral through October 10.
The second interim order authorized the Debtor to use the cash
collateral of Transportation Alliance Bank to pay the expenses
listed in its budget, with a 20% variance per line item and 15%
overall.
As adequate protection, Transportation Alliance Bank will be
granted a post-petition perfected security interest in the Debtor's
property to the same extent and with the same
priority as the bank held on a pre-petition basis in the property.
In addition, the bank will receive a monthly payment of $8,161.42
as further protection.
The next hearing is scheduled for October 7.
About TJ Trucking Enterprises
TJ Trucking Enterprises, LLC is a Toledo, Ohio-based freight
trucking company operating a fleet of semi-trucks including Mack
Anthems, Volvo VNL860s, and Freightliner Cascadias.
TJ Trucking Enterprises sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. N.D. Ohio Case No. 25-31433)
on July 11, 2025. In its petition, the Debtor reported estimated
assets and liabilities between $1 million and $10 million.
Judge John P. Gustafson handles the case.
Eric R. Neuman, Esq., at Diller & Rice is the Debtor's legal
counsel.
Transportation Alliance Bank, as secured creditor, is represented
by:
John P. Murray, Esq.
McGlinchey Stafford
3401 Tuttle Road, Suite 200
Cleveland, OH 44122
Phone: (216) 455-5073
Fax: (216) 803-8891
jmurray@mcglinchey.com
TLC MEDICAL: Seeks to Tap NAI Southcoast as Real Estate Broker
--------------------------------------------------------------
TLC Medical Group, Inc. seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to employ South Coast
Inc., doing business as NAI Southcoast, as real estate broker.
The Debtor needs an agent to market and sell its property located
in St. Lucie County, Florida.
The broker will receive a commission of 5 percent of the gross
selling sales price.
Nikolas Schroth, a license real estate broker at NAI Southcoast,
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:
Nikolas M. Schroth
NAI Southcoast
100 Albany Avenue, 2nd Floor
Stuart, FL 34994
Telephone: (772) 286-6292
About TLC Medical Group
TLC Medical Group, Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 24-21588) on Nov. 4,
2024, listing up to $10 million in both assets and liabilities.
Judge Mindy A. Mora handles the case.
Susan D. Lasky, PA is the Debtor's counsel.
TRACK BARN: Gets Final OK to Use Cash Collateral
------------------------------------------------
Track Barn, LLC received final approval from the U.S. Bankruptcy
Court for the Northern District of Texas, Fort Worth Division, to
use cash collateral.
The final order authorized the Debtor to use cash generated from
assets secured by certain lenders to fund ongoing operations
pursuant to a budget, with a 10% variance allowed.
As protection for any diminution in the value of their collateral,
secured lenders including the U.S. Small Business Administration,
Mulligan Funding, LLC and Shopify/WebBank will be granted
replacement liens on the Debtor's equipment, inventory and accounts
whether such property was acquired before or after the Debtor's
bankruptcy filing.
The replacement liens will have the same validity and priority as
the liens of secured lenders on the pre-bankruptcy collateral.
Moreover, these liens do not apply to any avoidance actions and are
subject and subordinate to the fee carveout.
As further protection, the Debtor has to pay monthly payments of
$147 to SBA and $300 to FinWise Bank (via Mulligan Funding).
About Track Barn LLC
Track Barn, LLC is a company likely specializing in track and field
equipment retail.
Track Barn sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Texas Case No. 25-42441) on July
2, 2025. In its petition, the Debtor reported estimated assets
between $50,000 and $100,000 and estimated liabilities between
$100,000 and $500,000.
Judge Mark X Mullin handles the case.
The Debtor is represented by:
Robert Thomas DeMarco
Robert Demarco
Tel: 972-991-5591
Email: robert@demarcomitchell.com
TRINITY INTEGRATED: Hires Scott A Harnden CPA PC as Accountant
--------------------------------------------------------------
Trinity Integrated Healthcare LLC seeks approval from the U.S.
Bankruptcy Court for the District of Arizona to hire Scott A
Harnden CPA PC as accountant.
The accountant will render professional accounting services
including, without limitation, bookkeeping functions such as
recording and reconciling all cash receipts and cash disbursements
in Quickbooks based on bank and debit card statements and payroll
reports; recording the payroll and taxes and preparing and
adjusting corporate books and records as necessary and appropriate.
The accountant will also prepare federal and state income tax
returns for the year ending Dec 31, 2024 (including providing any
accounting and bookkeeping assistance necessary to prepare those
returns), and similarly for the year ending Dec. 31, 2025 (if
needed during these bankruptcy proceedings); will consult on
accounting matters as needed; will prepare and adjust corporate
accounting books as needed; and will prepare any balance sheets,
profit and loss statements, statement of cash flows and other
financial statements, monthly operating reports, or other documents
needed in connection with the bankruptcy case.
The accountant's fees for accounting services will range from $100
to $300 per hour.
Scott A Harnden, CPA, accountant at Scott A Harnden CPA PC,
disclosed in a court filing that the firm is a "disinterested
person" as that term is defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Scott A Harnden, CPA
Scott A Harnden CPA PC
8475 E Hartford Dr Suite 101
Scottsdale, AZ 85255
Phone: (480) 368-5755
Email: scott@sahcpapc.com
About Trinity Integrated Healthcare LLC
Trinity Integrated Healthcare LLC is a Phoenix-based healthcare
provider specializing in psychiatric and substance abuse treatment
services.
Trinity Integrated Healthcare LLC sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Ariz. Case No.
25-04479) on May 16, 2025. In its petition, the Debtor reports
estimated assets between $500,000 and $1 million and estimated
liabilities between $100,000 and $500,000.
The Debtors are represented by Chris D. Barski, Esq. at Barski Law.
TURNER OAKWOOD: Seeks to Sell Raleigh Property at Auction
---------------------------------------------------------
Turner Oakwood Properties LLC seeks permission from the U.S.
Bankruptcy Court for the Eastern District of North Carolina,
Raleigh Division, to sell real property and improvements located at
404 East Edenton Street, Raleigh, North Carolina 27610, free and
clear of liens, claims, and encumbrances.
The Debtor, a limited liability company organized and existing
under the laws of the State of North Carolina.
On the Effective Date the Confirmed Plan, real property having a
physical address of 404 East Edenton Street, Raleigh, North
Carolina 27610 was owned as follows:
-- Turner Oakwood Properties, LLC 50%
-- Strange Bedfellows, LLC 25%
-- Stephana Turner Williams 25%
The Debtor and a third-party, Strange Bedfellows LLC (Co-owner),
were the record owners of the Property, which is was addressed in
Class 7 of the Confirmed Plan.
The Debtor shall work with the broker to set the asking price and
minimum price. These prices will be shared with Stephena Turner
Williams and Strange Bedfellows, LLC.
The Debtor shall have 12 months to obtain signed contracts for the
purchase of the Properties, which sales must close within 14 months
of the Effective Date. Each Secured Creditor shall have the right
within three days to reject any contract brought to it by the
Debtor, but only if they would not be paid in full. Stephena Turner
Williams and Strange Bedfellows, LLC, shall have the right within
three days to reject any contract brought to it by the Debtor, but
only if they are willing to purchase the Property on the same terms
plus a two percent increase of the purchase price. In addition, the
listing prices have been provided to the other Owners and those
Owners are authorized to notify the Broker that they wish to make
the initial offer and then subsequent buyers must increase the
offer by two percent.
If the Debtor (i) is unable to procure a signed contract for the
purchase of a Property, which sale must close within 14 months of
the Effective Date and be agreeable to the applicable Secured
Creditor, or (ii) defaults on the conditions in the applicable
Class, the Debtor shall immediately cause the Property to be sold
via public auction or foreclosure, as provided above in the
treatment for each Secured Creditor. Each Secured Creditor reserves
its right to credit bid at a public auction or foreclosure of the
collateral securing the Debtor's obligation to each Secured
Creditor. If applicable, the Secured Creditor and the Debtor shall
agree to an auctioneer to sell the Property. If the Debtor and the
Secured Creditor cannot agree to the selection of an auctioneer,
the Bankruptcy Court shall retain jurisdiction to decide the
matter. If the auction results in a winning bidder, the high bidder
shall have 30 days from the auction date to close the sale.
The sale of the Property shall be sold free and clear of all liens,
encumbrances, claims, interests, or other obligations consistent
with ordinary and customary real estate closings.
If the Debtor, the Secured Creditor, Stephena Turner Williams,
and/or Strange Bedfellows, LLC, are unable to reach a consensus to
any terms outlined, the aggrieved party shall be permitted to seek
an expedited hearing with the Bankruptcy Court on any such
challenge or request; provided, however, that such hearing shall
not occur on less than three business days' notice to all parties
in interest.
The Debtor files approval for the employment of Country Boys
Auction & Realty Co., Inc. (CBA) as auctioneer in the Bankruptcy
Case.
The Auctioneer will receive the following commission:
1. Ten-percent (10%) of the next $25,000.00 of real property sold;
and
2. Six-percent (6%) of the remaining balance of real property
sold.
A public sale and auction of the Property is scheduled for, and
will be held and conducted by CBA as follows:
Public Sale Date: September 3, 2025
Public Sale Time: 10:00 A.M. ET
Public Sale Location: 404 East Edenton Street Raleigh, North
Carolina 27610
Any secured creditor shall be afforded the right to credit bid at
the Public Sale, to the extent allowed by Section 363(k) of the
Bankruptcy Code. In the event that a credit bid submitted at the
Public Sale is the best, highest, and prevailing bid with respect
to the Property, such lienholder shall pay a commission to CBA
equal to four-percent of the amount of any such Credit Bid.
The Debtor seeks approval to sell the Property at the Public Sale,
free and clear of any and all liens, encumbrances, claims, rights
and other interests.
The Debtor shall distribute the proceeds of the Public Sale of the
Property to the applicable lienholders, including the Nash County
Tax Collector, in accordance with the priority of liens, after
payment of all costs of sale under Section 506(c) of the Bankruptcy
Code, including commissions payable to CBA and allowed attorneys'
fees, costs, and expenses associated with the liquidation,
disposition, and sale of the Property, within 14 days of entry of
an Order by the Court authorizing the Debtor to make said
distributions.
About Turner Oakwood Properties LLC
Turner Oakwood Properties, LLC sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No. 22-02049) on
Sept. 12, 2022. In the petition signed by its manager, Augusta
Bernadette Turner, the Debtor disclosed up to $1 million in both
assets and liabilities.
Judge David M. Warren oversees the case.
William Kroll, Esq., at Everett Gaskins Hancock, LLP, is the
Debtor's counsel.
TYLER 2 CONSTRUCTION: Hires Moon Wright & Houston as Counsel
------------------------------------------------------------
Tyler 2 Construction Inc. seeks approval from the U.S. Bankruptcy
Court for the Western District of North Carolina to hire Moon
Wright & Houston, PLLC as bankruptcy counsel.
The firm's services include:
a. providing legal advice with respect to its powers and
duties as debtor in possession in the continued operation of its
business affairs and management of its properties;
b. negotiating, preparing, and pursuing confirmation of a
Chapter 11 plan and approval of a disclosure statement (if
applicable), and all related reorganization agreements and/or
documents;
c. preparing necessary applications, motions, answers, orders,
reports, and other legal papers on behalf of the Debtor;
d. representing the Debtor in litigation arising from or
relating to the bankruptcy estate;
e. appearing in court to protect the interests of the Debtor;
and
f. performing all other legal services for the Debtor that may
be necessary and proper in the Chapter 11 proceeding.
The firm will be paid at these rates:
Richard S. Wright $575 per hour
Andrew T. Houston $550 per hour
Caleb Brown $375 per hour
Shannon L. Myers (Paralegal) $185 per hour
Jaime Schaedler (Assistant) $150 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Richard S. Wright, Esq., a partner at Moon Wright & Houston, 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:
Richard S. Wright
Moon Wright & Houston, PLLC
212 N. McDowell Street, Suite 200
Charlotte, NC 28204
Telephone: (704) 944-6560
Facsimile: (704) 944-0380
Email: rwright@mwhattorneys.com
About Tyler 2 Construction Inc.
Tyler 2 Construction Inc. is a general contractor based in
Charlotte, North Carolina. The Company provides construction
management and renovation services across sectors including office,
healthcare, retail, and light industrial.
Tyler 2 Construction Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D.N.C. Case No. 25-30715) on July 9,
2025. In its petition, the Debtor reports total assets of
$9,819,766 and total liabilities of $5,762,398.
Honorable Bankruptcy Judge Ashley Austin Edwards handles the case.
The Debtors are represented by Richard S. Wright, Esq. at MOON
WRIGHT & HOUSTON, PLLC.
UGLYDUCKLINGRENO LLC: Hires Bruner Wright as Bankruptcy Counsel
---------------------------------------------------------------
UglyDucklingReno, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Florida to hire Bruner Wright, PA to
handle its Chapter 11 case.
The firm will be paid at these hourly rates:
Robert Bruner, Attorney $450
Byron Wright III, Attorney $400
Samantha Kelley, Attorney $375
Paralegal $175
The firm received a retainer of $12,000 from the Debtor.
Mr. Wright 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:
Byron Wright III, Esq.
Bruner Wright, PA
2868 Reminton Green Circle, Suite B
Tallahassee, FL 32308
Tel: (850) 385-0342
Fax: (850) 270-2441
About UglyDucklingReno, LLC
UglyDucklingReno, LLC sought protection for relief under Chapter 11
of the Bankruptcy Code (Bankr. N.D. Fla. Case No. 25-30662) on July
14, 2025, listing $100,001 to $500,000 in both assets and
liabilities.
Judge Karen K Specie presides over the case.
Byron Wright, III, Esq. at Bruner Wright, P.A. represents the
Debtor as counsel.
UNITED SITE: Lenders Rehire Advisers to Renew Debt Talks
--------------------------------------------------------
Reshmi Basu of Bloomberg News reports that United Site Services, a
portable toilet provider backed by Platinum Equity, has brought in
advisers amid ongoing performance challenges, according to sources
familiar with the situation.
The financially strained company has re-engaged PJT Partners Inc.
and Milbank, while a group of lenders holding over half of its debt
has retained Centerview Partners for guidance on debt matters, the
sources said. The lender group had previously hired Akin Gump
Strauss Hauer & Feld, Bloomberg earlier reported.
About United Site Services Inc.
United Site is a provider of porta potties, bathroom trailers,
shower trailers, temporary fences & dumpster services.
UPHEALTH HOLDINGS: Gets September Hearing on Ch. 11 Plan Approval
-----------------------------------------------------------------
Alex Wittenberg of Law360 Bankruptcy Authority reports that on
Wednesday, August 6, 2025, a Delaware bankruptcy judge set a
hearing for next month to review medical technology company
UpHealth's bid for Chapter 11 plan confirmation and its motion to
dismiss an adversary proceeding brought by India-based Glocal
Healthcare.
About UpHealth Holdings
UpHealth Holdings Inc. is a global digital health company
delivering technology platforms, infrastructure, and services to
modernize care delivery and health management.
UpHealth Holdings and its affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 23-11476) on
Sept. 19, 2023. In the petitions filed by Samuel J. Meckey, chief
executive officer, UpHealth Holdings disclosed up to $500 million
in both assets and liabilities.
Judge Laurie Selber Silverstein oversees the cases.
The Debtors tapped Stuart M. Brown, Esq., at DLA Piper LLP (US) as
counsel; Morrison & Foerster LLP as litigation counsel; and FTI
Consulting, Inc. as financial advisor. Omni Agent Solutions is the
Debtors' claims agent and administrative agent.
VALHALLA LAND: Hires Valhalla Land to Provide Tax Services
----------------------------------------------------------
Valhalla Land Holdings, LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of Illinois to employ Huston
Accounting & Finance to provide tax return filing and other
accounting services.
Huston Accounting would charge $100 per hour for accountant work
and $50 per hour for staff level work, plus advanced
expenses/costs.
As disclosed in the court filings, Huston Accounting is a
disinterested party despite holding an unsecured claim.
The firm can be reached through:
Ty B. Huston
Huston Accounting & Finance
114 E Main St.
La Harpe, IL 61450
Phone: (217) 659-7636
Fax: (217) 659-7636
Email: ty.huston@yahoo.com
About Valhalla Land Holdings
Valhalla Land Holdings, LLC filed its voluntary petition for relief
under Chapter 11 of the United States Bankruptcy Code (Bankr. C.D.
Ill. Case No. 25-80201). At the time of filing, the Debtor listed
$1,000,001 to $10 million in both assets and liabilities.
Judge Peter W Henderson presides over the case.
Sumner A. Bourne, Esq., at Rafool & Bourne, PC serves as the
Debtor's counsel.
VALVES AND CONTROLS: Hires Kroll as Claims and Noticing Agent
-------------------------------------------------------------
Valves and Controls US Inc. seeks approval from the U.S. Bankruptcy
Court for the District of Delaware to hire Kroll Restructuring
Administration LLC as claims, noticing and solicitation agent.
Kroll will oversee the distribution of notices and will assist in
the maintenance, processing, and docketing of proofs of claim filed
in the Chapter 11 cases of the Debtors.
Prior to the petition date, the Debtors provided Kroll an advance
in the amount of $50,000.
Benjamin Steele, a managing director at Kroll, 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:
Benjamin J. Steele
Kroll Restructuring Administration LLC
One World Trade Center
285 Fulton Street, 31st Floor
New York, NY 10007
Telephone: (212) 871-2000
About Valves and Controls US Inc.
Valves and Controls US Inc., previously known as Weir Valves &
Controls USA Inc., is a manufacturer of industrial valves and
control systems operating within the fabricated metal product
manufacturing industry.
Valves and Controls US Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11403) on July 1,
2025. In its petition, the Debtor reports estimated assets between
$50 million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by Patrick J. Reilley, Esq. at Cole
Schotz P.C.
VEGAS TREASURES: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
Vegas Treasures, Inc. received final approval from the U.S.
Bankruptcy Court for the District of Nevada to use cash
collateral.
The final order authorized the Debtor to use cash collateral from
July 31 onward in accordance with its budget.
The U.S. Small Business Administration, a secured creditor, will be
provided with protection in the form of a superpriority claim
against the Debtor; a monthly payment of $5,115; and replacement
security interests in and liens on the Debtor's assets and proceeds
thereof, in case of any diminution in the value of its security
interests.
The Debtor, which operates a Mediterranean cafe and hookah lounge
in Las Vegas, filed for bankruptcy protection in order to
restructure approximately $1 million in Economic Injury Disaster
Loans obtained from SBA in 2020 and 2022. These loans are currently
in default, and SBA has referred them to the U.S. Department of the
Treasury for collection.
About Vegas Treasures Inc.
Vegas Treasures, Inc. dba Paymon's Fresh Kitchen & Lounge, operates
a restaurant and lounge in Las Vegas, Nevada. The company offers
international cuisine with vegan, vegetarian, and gluten-free
options, emphasizing health-conscious ingredients. It also runs a
lounge known for its cocktails, entertainment, and
community-focused atmosphere.
Vegas Treasures sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Nev. Case No. 25-13582) on June 23,
2025, listing up to $500,000 in assets and up to $10 million in
liabilities. Paymon Raouf, president and director of Vegas
Treasures, signed the petition.
Judge Natalie M. Cox oversees the case.
Zachariah Larson, Esq., at Larson & Zirzow, LLC, represents the
Debtor as legal counsel.
VIVA LIBRE: Claims to be Paid From Available Cash and Income
------------------------------------------------------------
Viva Libre Restaurant Concepts Inc., filed with the U.S. Bankruptcy
Court for the Central District of California an Original Combined
Subchapter V Plan and Disclosure Statement dated July 30, 2025.
The Debtor does business as the Blue Agave Southwestern Grill
restaurant in Yorba Linda, CA, where it has been in business since
1994 as a local favorite known for its Mexican, South American, and
Southwestern cuisine. The restaurant also offers a full bar and
catering services for events.
Historically financially stable, Debtor filed for Chapter 11
bankruptcy protection with an election to proceed under subchapter
V on May 1, 2025 due to severe cash flow constraints stemming from
repayment of pandemic era loans and increased competition from
newly established restaurants nearby. In particular, the demands of
unsecured creditors have contributed to a rent deficiency of
approximately $62,831.85 through May 1, 2025 for Debtor's
restaurant's commercial lease.
The Plan proposes that Debtor will use its projected disposable
income over a 60 period to fund the plan. The Debtor projects that
its disposable income over that period will be $569,180. That
figure is composed of net business proceeds from Viva Libre
Restaurant Concepts Inc., less payments under the Plan, including
secured claims, and normal operating expenses. Debtor also reserves
the option, pursuant to the Plan, to pay all amounts that remain
due and owing under the Plan prior to the end of 60.
In total, in addition to making regular monthly payments to secured
creditors, Debtor proposes to provide approximately $256,304 to
fund the Plan (including an estimated $27,000 in cash on hand on
the Effective Date and 60 months of its projected net disposable
income ($229,304), thus protecting the assets of the bankruptcy
estate.
Class 3 contains unsecured claims that are not entitled to priority
under Code Section 507(a). Each allowed general unsecured claim
("GUC") in this case will not receive any distribution under this
Plan during the initial plan term. General unsecured creditors will
receive a zero percent recovery on their allowed claims. The rights
of holders of Class 3 claims are modified pursuant to the Plan, and
such claims are impaired under the Plan. However, if the Debtor
generates surplus cash flow above projected amounts, the Plan may
be modified to provide distributions to Class 3 claimants subject
to Court approval.
The Debtor will fund the Plan from the following sources: (a)
projected disposable income and (b) cash on hand on the Effective
Date, in an amount estimated at $27,000. In addition, Debtor has
started business expansion plans thru sign-on with the Caterease,
Door Dash, Foodja, Postmates, and Uber Eats online ordering
platforms to diversify restaurant revenue.
A full-text copy of the Original Combined Plan and Disclosure
Statement dated July 30, 2025 is available at
https://urlcurt.com/u?l=rbMa81 from PacerMonitor.com at no charge.
Counsel to the Debtor:
Gene H. Shioda, Esq.
Christopher J. Langley, Esq.
Steven P. Chang, Esq.
Shioda, Langley & Chang LLP
1063 E. Las Tunas Dr.
San Gabriel, CA 91776
Tel: (626) 281-1232
Fax: (626) 281-2919
Email: ghs@slclawoffice.com
chris@slclawoffce.com
schang@slclawoffice.com
About Viva Libre Restaurant Concepts
Viva Libre Restaurant Concepts Inc. operates Blue Agave Southwest
Grill, a Mexican and Southwestern fusion restaurant based in Yorba
Linda, California. The restaurant offers dishes like Mahi Mahi,
Mazatlan Mango Wrap and Montego Bay Coconut Shrimp.
Viva Libre filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-11186) on May 1,
2025. In its petition, the Debtor reported between $500,000 and $1
million in assets and between $1 million and $10 million in
liabilities.
Judge Theodor Albert handles the case.
The Debtor is represented by Christopher James Langley, Esq., at
Shioda Langley & Chang, LLP.
VSM PROPERTIES: Seeks Court Approval to Tap ReMax Excels as Realtor
-------------------------------------------------------------------
VSM Properties, LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Tennessee to employ ReMax Excels as
realtor.
The Debtor needs a realtor to procure and submit offers to purchase
its real property.
The realtor will receive a commission of 2.5 percent of the
property's sales price.
Zach Miller disclosed in a court filing that his firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The realtor can be reached through:
Zach Miller
ReMax Excels
200 Lakeside Plaza
Loudon, TN 37774
Telephone: (865) 408-1616
Facsimile: (866) 571-0097
About VSM Properties LLC
VSM Properties LLC is a real estate management company based in
Tellico Plains, Tennessee. It owns commercial properties in the
area, including the riverside building at 1641 Cherohala Skyway.
VSM Properties LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-31124) on June 12,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $10
million and $50 million.
Honorable Bankruptcy Judge Suzanne H. Bauknight handles the case.
The Debtor is represented by Edward J. Shultz, Esq., at Tarpy, Cox,
Fleishman & Leveille, PLLC.
WAG! GROUP: Seeks to Hire Triple P TRS as Restructuring Advisor
---------------------------------------------------------------
Wag! Group Co. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Triple P
TRS, LLC as restructuring advisor.
The firm's services include:
(a) assisting in the evaluation and/or development of a
short-term cash flow model and/or related liquidity management
tools for the Debtors for such purpose(s) as the Debtors may
require;
(b) assisting in the evaluation and/or development of a
business plan and/or such other related forecasts and analyses for
the Debtors for such purpose(s) as the Debtors may require;
(c) assisting in the evaluation and/or development of various
strategic and/or financial alternatives and financial analyses for
such purpose(s) as the Debtors may require;
(d) assisting the Debtors in its engagement and negotiations
with its various constituents, including, without limitation,
holders of the Debtors' debt or equity, the Debtors' employees, and
the Debtors' customers, vendors, and other commercial
counterparties (collectively, "Constituents"), which assistance may
include, without limitation, meeting with Constituents, developing
presentations and providing management with financial analytical
assistance necessary to facilitate such negotiations;
(e) assisting in the development and distribution of other
information that may be required by the Debtors or the
Constituents;
(f) assisting in the evaluation and implementation of
contingency planning related to the Debtors' commencing these
Chapter 11 Cases;
(g) assisting in obtaining and presenting information required
by parties in interest in these Chapter 11 Cases, including any
statutory committees appointed in these Chapter 11 Cases, or by the
Court;
(h) assisting in the preparation of other business, financial
and/or other reporting related to these Chapter 11 Cases,
including, but not limited to, development and execution of asset
sales, a chapter 11 plan of reorganization for the Debtors, and a
disclosure statement for the Plan; and
(i) assisting with such other matters as may be requested by
the Debtors that are within Portage Point's expertise and otherwise
mutually agreeable to Portage Point and the Debtors.
Portage Point's hourly rates are:
CEO $1,150
Service Line Leader $950 to $995
Managing Director $895 to $950
Director $695 to $800
Vice President $550 to $675
Associate $395 to $450
Portage Point received advance payment retainers totaling
$635,902.
Steven Shenker, a managing director at Portage Point Partners,
assured the court that the firm is a "disinterested person" within
the meaning of section 101(14) of the Bankruptcy Code, and does not
hold or represent an interest adverse to the Debtors' estates.
The firm can be reached through:
Steven Shenker
Portage Point Partners
640 Fifth Avenue | 10th Floor
New York, NY 10019
Phone: (516) 404-1345
Email: sshenker@pppllc.com
About Wag! Group Co.
Wag! Group Co. is a San Francisco-based digital platform that
connects pet owners with dog walkers, sitters, and various pet care
professionals.
Wag! Group and affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11358) on July 21,
2025. In its petition, Wag! Group disclosed between $10 million and
$50 million in both estimated assets and liabilities.
The Debtors are represented by Young Conaway Stargatt & Taylor, LLP
and Latham & Watkins, LLP, Nixon Peabody, and Littler Mendelson PC.
Epiq Corporate Restructuring LLC is the Debtors' claims and
noticing agent.
WAG! GROUP: Taps Epiq Corporate as Administrative Advisor
---------------------------------------------------------
Wag! Group Co. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Epiq
Corporate Restructuring LLC as administrative advisor.
The firm will render these services:
(a) assist with solicitation, balloting and tabulation of
votes, and prepare any related reports;
(b) prepare an official ballot certification and, if
necessary, testify in support of the ballot tabulation results;
(c) assist with preparing and gathering information for the
Debtors' schedules of assets and liabilities and statements of
financial affairs;
(d) provide a confidential data room, if requested;
(e) manage and coordinate any distributions pursuant to a
Chapter 11 plan; and
(f) provide such other processing, solicitation, balloting and
other administrative services described in the Engagement
Agreement.
The hourly rates of the firm's professionals are:
IT/Programming $45 - $70
Case Managers $85 - $170
Project Managers/Consultants/Directors $170 - $185
Solicitation Consultant $190
Executive Vice President, Solicitation $190
In addition, the firm will seek reimbursement for out-of-pocket
expenses incurred.
Epiq shall receive a retainer in the amount of $25,000.
Kathryn Tran, a consulting director at Epiq Corporate
Restructuring, disclosed in a court filing that the firm is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Kathryn Tran
Epiq Corporate Restructuring, LLC
777 Third Avenue, 12th Floor
New York, NY 10017
Tel: (714) 394-6998
Email: ktran@epiqglobal.com
About Wag! Group Co.
Wag! Group Co. is a San Francisco-based digital platform that
connects pet owners with dog walkers, sitters, and various pet care
professionals.
Wag! Group and affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11358) on July 21,
2025. In its petition, Wag! Group disclosed between $10 million and
$50 million in both estimated assets and liabilities.
The Debtors are represented by Young Conaway Stargatt & Taylor, LLP
and Latham & Watkins, LLP, Nixon Peabody, and Littler Mendelson PC.
Epiq Corporate Restructuring LLC is the Debtors' claims and
noticing agent.
WAG! GROUP: Taps Young Conaway Stargatt as Bankruptcy Counsel
-------------------------------------------------------------
Wag! Group Co. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Young
Conaway Stargatt & Taylor, LLP as bankruptcy counsel.
The firm's services include:
a. providing legal advice with respect to the Debtors' powers
and duties as debtors in possession in the continued operation of
their business, management of their properties, and the potential
sale of their assets;
b. preparing documents in connection with and pursuing
approval of a disclosure statement and confirmation of a plan;
c. preparing, on behalf of the Debtors, necessary
applications, motions, answers, orders, reports, and other legal
papers;
d. appearing in Court and protecting the interests of the
Debtors before the Court; and
e. performing all other legal services for the Debtors that
may be necessary and proper in these Chapter 11 Cases.
Compensation will be payable to Young Conaway on an hourly basis,
plus reimbursement of actual and necessary expenses incurred by
Young Conaway.
The firm's hourly rates are:
Michael R. Nestor, Partner $1,425
Kara Hammond Coyle, Partner $1,085
Shella Borovinskaya, Associate $615
Kristin L. McElroy, Associate $580
Brynna M. Gaffney, Associate $500
Sarah Gawrysiak, Associate $500
Joshua J. Hall, Associate $500
Beth Olivere, Paralegal $385
The firm received retainer payments in the amounts of $50,000 on
June 17, 2025, which was thereafter supplemented in the amount of
$200,000 on July 8, 2025, and $100,000 on July 17, 2025.
Kara Hammond Coyle, a partner at Young Conaway Stargatt & Taylor,
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:
Kara Hammond Coyle, Esq.
Jared W. Kochenash, Esq.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
1000 North King Street
Wilmington, DE 19801
Telephone: (302) 571-6600
Facsimile: (302) 571-1253
Email: kcoyle@ycst.com
jkochenash@ycst.com
About Wag! Group Co.
Wag! Group Co. is a San Francisco-based digital platform that
connects pet owners with dog walkers, sitters, and various pet care
professionals.
Wag! Group and affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11358) on July 21,
2025. In its petition, Wag! Group disclosed between $10 million and
$50 million in both estimated assets and liabilities.
The Debtors are represented by Young Conaway Stargatt & Taylor, LLP
and Latham & Watkins, LLP, Nixon Peabody, and Littler Mendelson PC.
Epiq Corporate Restructuring LLC is the Debtors' claims and
noticing agent.
WELLMADE FLOOR: Seeks Chapter 11 Bankruptcy in Georgia
------------------------------------------------------
On August 4, 2025, Wellmade Floor Coverings International
Inc. filed Chapter 11 protection in the Northern District of
Georgia. According to court filing, the Debtor reports between $10
million and $50 million in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Wellmade Floor Coverings International Inc.
Wellmade Floor Coverings International Inc. manufactures and
distributes hard-surface flooring products, including bamboo,
hardwood, and vinyl. The privately owned Company is based in the
United States, with a manufacturing facility in Cartersville,
Georgia, and sales offices and warehousing in Portland, Oregon. A
non-debtor affiliate operates in China.
Wellmade Floor Coverings International Inc. sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ga. Lead Case
No. 25-58764) on August 4, 2025. In its petition, the Debtor
reports estimated assets between $50 million and $100 million and
estimated liabilities between $10 million and $50 million.
Honorable Bankruptcy Judge Sage M. Sigler handles the case.
The Debtor is represented by John D. Elrod, Esq. at Allison J.
McGregor, Esq. at GREENBERG TRAURIG, LLP. The Debtors' Claims,
Noticing, Solicitation & Administrative Agent is KURTZMAN CARSON
CONSULTANTS, LLC d/b/a VERITA GLOBAL.
WELLMADE FLOOR: Seeks to Sell Floor Covering Manufacturing Assets
-----------------------------------------------------------------
Wellmade Floor Coverings International Inc. and its affiliates seek
approval from the U.S. Bankruptcy Court for the Northern District
of Georgia, Atlanta Division, to sell Assets, free and clear of
liens, claims, interest, and encumbrances.
The Debtor specializes in the design, production, and distribution
of market top-line hard surface flooring collections. Established
in 2001, the company initially focused on solid and engineered
bamboo. In 2015, Wellmade invented and patented High-Density
Polymer Composite Core (HDPC), a rigid core topped with a vinyl
wearlayer. HDPC offers distinct advantages over other rigid core
materials, including complete waterproofing, enhanced heat
resistance, and increased density while providing superior
flexibility.
The Debtor designs, manufactures, and sells waterproof vinyl plank
and tile, waterproof natural hardwood flooring, and waterproof
strand woven bamboo flooring. Forging a new trend in the industry
with its first-to-market waterproof hardwood and bamboo, the
Company remains at the forefront of flooring technology and
continues to diversify both its product offerings and sales
channels throughout the United States and abroad.
The goal of the chapter 11 cases is to consummate a sale of the
Debtors' assets that will maximize recoveries for the Debtors’
estates and allow the Debtors' business to continue as a going
concern.
The Debtors retained Hilco Corporate Finance as their investment
banker to conduct an extensive and comprehensive marketing process
for a sale of the Debtors as a going concern.
The Debtors, together with Hilco, launched the Marketing Process in
May 2025 and contacted approximately 100 potential buyers, which
included a broad range of potential strategic and financial buyers.
The Debtors believe that the sale process, with the benefit of the
additional postpetition marketing process proposed herein, will be
of sufficient length and breadth to reach the full universe of
parties likely to be interested in the Debtors' Assets given the
Debtors' liquidity and time constraints.
The Debtors have entered into the Stalking Horse Agreement with AHF
IC, LLC as the stalking horse bidder with the purchase price of
$40,000,000. The Stalking Horse Purchase Agreement is not
conditioned on financing or the completion of additional due
diligence. Furthermore, under the terms of the Stalking Horse
Purchase Agreement and the proposed Bidding Procedures, the Debtors
will solicit competing bids and, in the event the Debtors receive
another qualified bid, conduct an efficient and fair auction of
their business to determine whether any other higher and better
offers can be obtained.
A Sale is the only option that will enable the Debtors to preserve
the value of their assets, maintain their business operations for
the benefit of vendors, service providers and customers, ensure
that most employees will be able to keep their jobs, and maximize
the recoveries for the Debtors' estates.
In connection with the Stalking Horse Purchase Agreement, the
Debtors have agreed to provide certain bid protections to the
Stalking Horse Bidder, in the form of a break-up fee equal to
$600,000 as set forth in the Stalking Horse Purchase Agreement and
an expense reimbursement of up to $400,000 (Bid Protection).
The break-up fee and expense reimbursement will be due and payable
to a Stalking Horse Bidder only in the event an Alternative
Transaction (as such term is defined in the Stalking Horse Purchase
Agreement) is consummated and the Stalking Horse Bidder is
otherwise not in material breach of the Stalking Horse Purchase
Agreement.
Ultimately, the Stalking Horse Purchase Agreement maximizes the
value of the Debtors' Assets and will yield the best outcome for
stakeholders by preserving jobs for employees' and a viable
business for continued relations with vendors and service
providers.
The requested dates and deadlines are subject to the Court's
availability and approval and may also be modified by the Debtors
to the extent permitted under the Bidding Procedures Order and
Bidding Procedures:
-- Bidding Procedures: Hearing August 21, 2025
-- Sale Objection Deadline: September 19, 2025
-- Bid Deadline: September 19, 2025
-- Auction: September 23, 2025
-- Notice of Successful Bidder and Backup Bidder: September 24,
2025
-- Post-Auction Objection Deadline: September 24, 2025
-- Sale Hearing: September 29, 2025
The Bidding Procedures are designed to maximize value for the
Debtors' estates, while effectuating an efficient sale of the
Debtors' Assets.
Importantly, the Bidding Procedures recognize and comply with the
Debtors' fiduciary obligations to maximize sale value and, as such,
(a) do not impact the Debtors' ability to consider all Qualified
Bids made at or prior to the Auction and (b) preserve the
Debtors’ right to modify the Bidding Procedures as necessary or
appropriate to maximize value for the Debtors' estates.
The Debtors respectfully submit that the Auction and Sale Notice,
the Notice of Potential Assumption and Assignment (as defined
below), and Notice of Successful Bidder (as applicable) provide all
interested parties with timely and proper notice of the proposed
Sale, including: (a) the date, time, and place of the Auction (if
one is held); (b) the Bidding Procedures; (c) the deadline for
filing objections to the Sale and entry of the Sale Order, and the
date, time, and place of the Sale Hearing; (d) instructions for
promptly obtaining a copy of the Stalking Horse Purchase Agreement;
(e) a description of the Sale as being free and clear of all
Interests, with all such Interests attaching with the same validity
and priority to the Sale proceeds; and (f) notice of the proposed
assumption and assignment of executory contracts and unexpired
leases to the Stalking Horse Bidder pursuant to the Stalking Horse
Purchase Agreement (or to another Successful Bidder).
The Debtors intend to serve the Notice of Potential Assumption and
Assignment as soon as practicable following entry of this Bidding
Procedures Order.
About Wellmade Floor Coverings International Inc.
Wellmade Floor Coverings International, Inc., manufactures and
distributes hard-surface flooring products, including bamboo,
hardwood, and vinyl. The privately owned company is based in the
United States, with a manufacturing facility in Cartersville,
Georgia, and sales offices and warehousing in Portland, Oregon. A
non-debtor affiliate operates in China.
Wellmade Floor Coverings sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ge) on August 4, 2025. The
petitions were signed by David Baker as chief restructuring,
disclosing that the lead Debtor's estimated Assets are $50 million
to $100 million and estimated liabilities of $10 million to $50
million.
officer.
Debtor
Case No.
------
------
Wellmade Floor Coverings International, Inc. (Lead)
25-58764
Wellmade Industries MFR. N.A LLC
25-58760
Judge Sage M. Sigler presides over the case.
Debtors'
Bankruptcy
Counsel: John D. Elrod, Esq.
Allison J. McGregor, Esq.
GREENBERG TRAURIG, LLP
3333 Piedmont Road NE, Suite 2500
Atlanta GA 30305
Tel: 678-553-2259
Fax: 678-553-2269
Email: ElrodJ@gtlaw.com
Allison.McGregor@gtlaw.com
Debtors' Claims, Noticing,
Solicitation &
Administrative
Agent: KURTZMAN CARSON CONSULTANTS, LLC
d/b/a VERITA GLOBAL
WHITE VIOLET: Hires Ascendant Law Group as Bankruptcy Counsel
-------------------------------------------------------------
White Violet Property, LLC seeks approval from the U.S. Bankruptcy
Court for the District of Massachusetts to employ Ascendant Law
Group LLC as counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties in
the continued management and operation of its businesses and
properties;
(b) represent the Debtor at all hearings and matters
pertaining to its affairs;
(c) attend meetings and negotiate with representatives of the
Debtor's creditors and other parties-in-interest;
(d) take all necessary action to protect and preserve the
Debtor's estate;
(e) prepare on behalf of the Debtor all necessary and
appropriate legal papers necessary to the administration of its
estate;
(f) review applications and motions filed in connection with
the Debtor's bankruptcy case;
(g) negotiate and prepare on the Debtor's behalf any plan of
reorganization, disclosure statement, and all related agreements
and/or documents, and take any necessary action on its behalf to
obtain confirmation of such plan;
(h) advise the Debtor in connection with any potential sale or
sales of assets or its business, or in connection with any other
strategic alternatives;
(i) review and evaluate the Debtor's executory contracts and
unexpired leases, and represent it in connection with the
rejection, assumption or assignment of such leases and contracts;
(j) represent the Debtor in connection with any adversary
proceedings or automatic stay litigation which may be commenced by
or against the Debtor;
(k) review and analyze various claims of the Debtor's
creditors and treatment of such claims, and prepare, file, or
prosecute any objections thereto; and
(l) perform all other necessary legal services and provide all
other necessary legal advice to the Debtor in connection with its
bankruptcy case.
The firm will be paid at these hourly rates:
Jesse Redlener, Member $420
Lee Harrington, Member $420
Matthew Ginsburg, Member $420
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Redlener 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:
Jesse Redlener, Esq.
Ascendant Law Group LLC
2 Dundee Park Dr., Ste. 102
Andover, MA 01810
Telephone: (978) 393-0850
About White Violet Property
White Violet Property, LLC owns a portfolio of commercial real
estate in Wakefield, New Hampshire. Its holdings include a filling
station and convenience store at 393 Meadow Street, the
Sanbornville Post Office at 378 Meadow Street, and adjacent parcels
at 376 Meadow Street and along the east side of White Mountain
Highway (Route 16). The properties total approximately 21 acres and
are primarily leased or commercially zoned.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-30420) on July 14,
2025, with $2,635,000 in assets and $1,150,610 in liabilities. Paul
D. Quinn, manager, signed the petition.
Jesse Redlener, Esq., at Ascendant Law Group, LLC represents the
Debtor as bankruptcy counsel.
WHITEEAGLE PROPERTIES: Seeks to Tap Mark J. Lazzo as Legal Counsel
------------------------------------------------------------------
Whiteeagle Properties 22 Corp. seeks approval from the U.S.
Bankruptcy Court for the District of Kansas to employ Mark J.
Lazzo, PA as counsel.
The firm will assist in preparing and presenting to the court
schedules, a Plan, review of claims, negotiation with creditors,
arranging and negotiating sales, and the filing of adversary
actions.
The firm will be paid at these hourly rates:
Mark Lazzo, Attorney $350
Justin Balbierz $350
Mr. Lazzo disclosed in a court filing that his firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Mark J. Lazzo, Esq.
Mark J. Lazzo, P.A.
3500 N. Rock Road
Bldg. 300, Suite B
Wichita, KS 67226
Telephone: (316) 263-6895
Email: mark@lazzolaw.com
About Whiteeagle Properties 22 Corp.
Whiteeagle Properties 22 Corp. is a property company based in
Lindsborg, Kansas that operates in the real estate sector.
Whiteeagle Properties 22 Corp. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Kan. Case No.
25-10770) on July 28, 2025. In its petition, the Debtor reports
estimated assets up to $50,000 and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Mitchell L. Herren handles the case.
The Debtor is represented by Mark J. Lazzo, Esq. at Landmark Office
Park.
WILLIAMSON: Summary Judgment, Fee Award in Mitchell/Roberts Upheld
------------------------------------------------------------------
In the appeal styled MITCHELL/ROBERTS PARTNERSHIP, an Illinois
General Partnership; REBA L. MITCHELL, Trustee and Beneficiary of
the Robert H. Mitchell Residual Trust; CARL INMAN, Independent
Executor of the Estate of Russell J. Inman, Deceased; CAROL DEAN
CRABTREE; NELDA BALDWIN, Personal Representative of the Estate of
Beverly B. Adams, Deceased; NELDA BALDWIN, Personal Representative
of the Estate of Katherine Baldwin, Deceased; DAVID SENSENEY,
Executor of the Estate of Margueritte Boos, Deceased; and CEDAR
CREST MINERALS, LLC, Plaintiffs-Appellants and Counterclaim
Defendants, v. WILLIAMSON ENERGY, LLC, a Delaware Limited Liability
Company, Defendant-Appellee and Counterclaim Plaintiff, No.
14-MR-285 (Ill. App. Ct.), Justices Michael McHaney, Barry L.
Vaughan and Amy Sholar of the Appellate Court of Illinois, Fifth
District, affirmed the grant of summary judgment by the Circuit
Court of Williamson County in favor of Williamson Energy, LLC and
award of attorney's fees.
The appellants, Mitchell/Roberts Partnership, an Illinois general
partnership, Reba L. Mitchell, trustee and beneficiary of the
Robert H. Mitchell Residual Trust, Carl Inman, independent executor
of the estate of Russell J. Inman, deceased, Carol Dean Crabtree,
Nelda Baldwin, personal representative of the estate of Beverly B.
Adams, deceased, Nelda Baldwin, personal representative of the
estate of Katherine Baldwin, deceased, David Senseney, executor of
the estate of Margueritte Boos, deceased, and Cedar Crest Minerals,
LLC (the Partnership), appeal the following orders:
-- the circuit court's grant of summary judgment in favor of
appellee Williamson Energy, LLC, and against the Partnership dated
February 9, 2024;
-- the order awarding attorney fees to Williamson Energy in the
amount of $2,929,814.28; the order granting Williamson Energy's
bill of costs;
-- the order denying the Partnership's motion to reconsider;
-- the order denying the Partnership's motion for clarification;
-- the order granting summary judgment in favor of Williamson
Energy dated September 14, 2023; the order establishing judicial
admissions;
-- a portion of the order dated July 21, 2022, striking
paragraphs 6, 7, 9, and 10 of Robin Kee Williams' affidavit;
-- the order denying the Partnership's combined motion to
dismiss Williamson Energy's second amended counterclaim pursuant to
section 2-619.1 of the Code of Civil Procedure (735 ILCS 5/2-619.1
(West 2022)) as to counts I and II via docket entry dated March 1,
2022; and
-- the entirety of the order resolving the Partnership's motion
to dismiss, including, but not limited to, those portions of said
order which denied its section 2-619 motion for dismissal.
The Partnership requests that the circuit court's orders be
reversed; that said summary judgment and orders be vacated; and the
case be remanded to the circuit court with directions to enter
judgment in their favor, or, in the alternative, that said judgment
and orders be reversed and the case be remanded for a trial on all
issues.
This appeal involves two mitigation agreements and releases signed
by Robin Lynne Kee Williams and John Milo Kee. The Kees were
general partners in the Partnership at the time they signed the
documents. The circuit court concluded these agreements waived all
claims for subsidence damage arising from Williamson Energy's
mining operations. At summary judgment, the circuit court found the
Partnership and the partners had breached the agreements by filing
suit on claims they had waived. The circuit court also found that
under the agreements, Williamson Energy was entitled to attorney
fees. After a hearing to determine reasonable attorney fees, the
circuit court entered judgment in favor of Williamson Energy in the
amount of $2,929,814.28.
The Partnership and all the partners except the Kees appeal both
the grant of summary judgment and the award of fees. The
Partnership posits two claims of error:
(1) the circuit court erred in granting summary judgment in
favor of Williamson Energy, and
(2) the circuit court abused its discretion in awarding
$2,929,814.28 in attorney fees.
The Partnership contends the circuit court abused its discretion in
awarding $2,929,814.28 in attorney fees because the attorney fees
clause was not binding on the Partnership or the individual
partners; the circuit court erred in allowing nearly $1,398,000 in
block-billed time and in rejecting their objections to the attorney
fees.
According to the Justices, "The Partnership failed to carry its
burden. Rather than presenting competent, admissible evidence, the
Partnership relied heavily on legal arguments regarding, for
example, standing, judicial estoppel, judicial admissions, and
unconscionability. These legal arguments lack evidentiary support
in the record to be considered genuine issues of material fact. "
They conclude, "There was no genuine issue of material fact that
would preclude the circuit court's grant of summary judgment in
favor of Williamson Energy's second amended counterclaim and find
no error with the trial court's adjudication of the attorney fee
award. For the foregoing reasons, we affirm the circuit court's
judgment."
A copy of the Court's Opinion dated August 6, 2025, is available at
https://urlcurt.com/u?l=rXHhdn
About Foresight Energy
Foresight Energy and its subsidiaries -- http://www.foresight.com/
-- are producers of thermal coal, with four mining complexes and
nearly 2.1 billion tons of proven and probably coal reserves
strategically located near multiple rail and river transportation
access points in the Illinois Basin. The Debtors also own a
barge-loading river terminal on the Ohio River. From this
strategic position, the Debtors sell their coal primarily to
electric utility and industrial companies located in the eastern
half of the United States and across the international market.
Foresight Energy LP and its affiliates sought Chapter 11 protection
(Bankr. E.D. Mo. Lead Case No. 20-41308) on
March 10, 2020.
The Hon. Kathy A. Surratt-States is the case judge.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is acting as legal
counsel to Foresight Energy; Jefferies Group is acting as
investment banker; and FTI Consulting, Inc. is acting as financial
advisor. Prime Clerk LLC served as the claims agent.
Akin Gump Strauss Hauer & Feld LLP is acting as legal counsel and
Lazard Freres & Co. LLC is acting as investment banker to the Ad
Hoc Lender Group representing lenders under the first lien credit
agreement.
Milbank LLP is acting as legal counsel and Perella Weinberg
Partners LP is acting as investment banker to the Ad Hoc Lender
Group representing crossover lenders under each of the second lien
indenture and first lien credit agreement.
The Debtors were estimated to have $1 billion to $10 billion in
assets and liabilities.
WISDOM DENTAL: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: Wisdom Dental, P.A.
Ave Maria Dentistry
5064 Annunciation Circle
Suite 101
Ave Maria FL 34142
Case No.: 25-01508
Business Description: Wisdom Dental, P.A. operates a dental clinic
under the name Ave Maria Dentistry from its
location in Ave Maria, Florida. The
practice provides preventive, restorative,
and cosmetic dental services and is led by
Dr. Wisdom D. Akpaka. The company was
incorporated in Florida in 2015.
Chapter 11 Petition Date: August 6, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Judge: Hon. Caryl E Delano
Debtor's Counsel: Michael Dal Lago, Esq.
DAL LAGO LAW
999 Vanderbilt Beach Rd. Suite 200
Naples FL 34108
Tel: 239-571-6877
Email: mike@dallagolaw.com
Total Assets: $223,970
Total Liabilities: $2,851,770
The petition was signed by Wisdom Akpaka 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/YPF4B5Y/Wisdom_Dental_PA__flmbke-25-01508__0001.0.pdf?mcid=tGE4TAMA
WOLF MIDSTREAM: DBRS Confirms BB(high) Issuer Rating
----------------------------------------------------
DBRS Limited confirmed Wolf Midstream Canada LP's (Wolf or the
Company) Issuer Rating and Senior Unsecured Notes credit rating at
BB (high). The recovery rating on the Senior Unsecured Notes
remains unchanged at RR4. All trends are Stable.
KEY CREDIT RATING CONSIDERATIONS
Wolf's credit ratings are supported by relatively stable cash flows
generated from long-term take-or-pay (ToP) and firm purchase
obligations (Firm) contracts across its three business segments and
its reasonably diversified portfolio of assets. The credit ratings
are constrained by the business' residual volume and commodity
risks and the large capital expenditure (capex) program over the
next two years.
The Company's operating performance in 2024 was in line with
Morningstar DBRS' expectations. Approximately 80% of the Company's
adjusted EBITDA in 2024 was generated under ToP and Firm contracts.
The Company's NGL North Phase Two project continues to progress on
schedule and within budget. Morningstar DBRS does not expect Dow
Inc.'s announced delay in its petrochemical project in Alberta to
have a material impact on the schedule of NGL North Phase Two or on
Wolf's earnings over the near term. Morningstar DBRS notes that one
of the Company's key counterparties, MEG Energy Corp. (MEG), is the
subject of a takeover bid from Strathcona Resources Ltd.
(Strathcona). While the weighted-average tenor of Wolf's contracts
(approximately 20 years) is longer than those of its Morningstar
DBRS-rated peers, the contribution of investment-grade
counterparties, which Morningstar DBRS estimates at 55% to 60% of
EBITDA, is relatively lower. A successful bid by Strathcona for MEG
could potentially increase the counterparty quality, as MEG
accounts for approximately 36% of Wolf's 2024 EBITDA. Wolf is well
diversified for its current credit ratings and will have a
meaningful presence in each of its three business segments once key
expansion projects are completed in mid-2027.
The credit ratings are constrained by price and volume risks
predominantly present at the Company's natural gas liquids (NGL)
segment. The credit ratings are also constrained by the Company's
large capex plan, with approximately $800 million remaining to be
spent as of mid-2025 through mid-2027.
CREDIT RATING DRIVERS
Morningstar DBRS could take a positive credit rating action if the
Company successfully completes its expansion projects and maintains
its cash flow-to-debt consistently above 15%. Morningstar DBRS
could downgrade the credit ratings if the Company's cash
flow-to-debt ratio weakens below 10% on a sustained basis.
EARNINGS OUTLOOK
Morningstar DBRS expects Wolf's EBITDA in 2025 to decline modestly
relative to 2024 because of lower commodity prices affecting the
NGL segment. Under Morningstar DBRS' base-case assumptions, EBITDA
is expected to increase modestly in 2026 relative to 2025 before
growing materially in 2027 once the expansion projects are placed
in service.
FINANCIAL OUTLOOK
Morningstar DBRS expects Wolf's cash flow from operations to
modestly decline in 2025 and 2026 relative to 2024 as a result of
lower commodity prices affecting the NGL segment and cash taxes.
However, Morningstar DBRS expects the Company's credit metrics to
remain supportive of the current credit ratings.
CREDIT RATING RATIONALE
Comprehensive Business Risk Assessment (CBRA): BBH
Wolf's CBRA of BBH reflects its strong contractual position. The
business risk score also factors in the competitive environment
across the Company's business segments. The CBRA also incorporates,
through a negative adjustment, the price and volume risk associated
with the Company's NGL segment.
Comprehensive Financial Risk Assessment (CFRA): BBH/BB
Wolf's CFRA of BBH/BB reflects its stable financial metrics for the
current credit rating category and Morningstar DBRS' expectation
that the Company's financial profile will improve once the
significant capital spend is completed in mid-2027. Morningstar
DBRS expects the Company's debt levels to increase over the near
and medium term but to remain manageable despite elevated capital
spend in 2025 and 2026. Despite significant capex over the next two
years, Morningstar DBRS expects Wolf's credit metrics to remain
supportive of the current credit ratings. Capex is expected to slow
materially in 2027 as the Company's projects are placed into
service, with leverage metrics expected to improve post-2027. The
CFRA also incorporates, through a negative adjustment, the price
and volume risk associated with the Company's NGL segment and the
ongoing capex plan, with approximately $800 million of the total
$1.1 billion in project costs remaining to be spent as of mid-2025
through mid-2027.
Intrinsic Assessment (IA): BBH
The IA of BBH represents the midpoint of the Intrinsic Assessment
Range and is based on the CBRA and CFRA, also taking into
consideration the current credit rating trend and peer comparisons,
among other factors.
Additional Considerations: None
Wolf's credit ratings include no further negative or positive
adjustments because of additional considerations.
Notes: All figures are in Canadian dollars unless otherwise noted.
*********
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