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T R O U B L E D C O M P A N Y R E P O R T E R
Thursday, August 28, 2025, Vol. 29, No. 239
Headlines
315 MANHATTAN: Seeks To Sell NY Property at Auction
ACADEMIR CHARTER: Moody's Alters Outlook on 'Ba2' Rating to Stable
ACADEMY AT PENGUIN: Committee Taps Verdolino & Lowey as Accountant
ACADIA HEALTHCARE: Moody's Cuts CFR to 'Ba3', Outlook Stable
AGREETA SOLUTIONS: Section 341(a) Meeting of Creditors on Sept. 29
ALEON METALS: Hires Stretto Inc as Claims and Noticing Agent
ALLISON TRANSMISSION: Moody's Affirms 'Ba1' CFR, Outlook Stable
ALPHA WOLF: Section 341(a) Meeting of Creditors on September 19
ALVIN'S COURIER: Section 341(a) Meeting of Creditors on Sept. 29
ANCHORAGE HANGAR: Section 341(a) Meeting of Creditors on Sept. 18
APOLLO CONSTRUCTION: Seeks Subchapter V Bankruptcy in Florida
ASOCIACION HOSPITAL: Seeks Chapter 11 Bankruptcy in Puerto Rico
AUGSBURG UNIVERSITY: Moody's Cuts Issuer & Rev Bond Ratings to Ba2
BALANCE LIFE BETTER: Files Second Chapter 11 Bankruptcy
BEAR'S FRUIT: Seeks Cash Collateral Access
BROKEN VESSEL: Trustee Taps Max C. Pope Jr. as General Attorney
CACHCOPA LLC: Seeks Subchapter V Bankruptcy in Florida
CALI MADE: Court to Hold Cash Collateral Hearing Today
CAR TOYS: Seeks Chapter 11 Bankruptcy in Washington
CASUAL 21 USA: Gets Interim OK to Use Cash Collateral Until Nov. 13
CHERRY & CANDLEWOOD: Has Deal on Cash Collateral Access
CLAIRE'S HOLDINGS: Gets OK for $22.5M DIP Loan From AWS Claire
CRESCENT ENERGY: S&P Places 'B+' ICR on CreditWatch Positive
DANIEL TRUCKING: Seeks Cash Collateral Access
DELTA ABSORBENTS: Hires Bridgers Goodman Baird as Accountant
DEPLOYED SOLDIERS: Seeks Subchapter V Bankruptcy in Maryland
DIOCESE OF SYRACUSE: Gets Court Approval for $176MM Chap. 11 Plan
DISCOUNT AUTO GLASS: Seeks Chapter 11 Bankruptcy in Pennsylvania
DOUBLE S SIGNS: Seeks Subchapter V Bankruptcy in Texas
DOUBLE T STEEL: Hires White Family Tax Service as Accountant
DUNCAN RENTAL: Gets Extension to Access Cash Collateral
EDGIO INC: Investors Continue Claims Over Inflated Sales Project
EL DORADO GAS: To Sell Winkler Property to Ridge Runner
ENDO INT'L: Plan Administrator Wins Bid to Reclassify Claims
FLOWER APARTMENTS: Gets OK to Use Cash Collateral Until Sept. 11
FTX TRADING: Fenwick & West Fights New Crypto Scam MDL Claims
GENESIS HEALTHCARE: Gets $30MM DIP, Sale Process Court OK
GENESIS HEALTHCARE: Two New Committee Members Appointed
GPD COMPANIES: S&P Withdraws 'CCC+' Issuer Credit Rating
HAPPY HOME: Lender Seeks to Prohibit Cash Collateral Access
HIELO DEL CIELO: Areya Holder Aurzada Named Subchapter V Trustee
HUNTINGTON BANK 2025-2: Moody's Assigns B3 Rating to Class D Notes
ILLUMINATE PROPERTIES: Taps eXp Realty of California as Broker
IMPERIAL MANUFACTURING: Seeks Chapter 11 Bankruptcy in Illinois
JACKSONVILLE MOVING: Seeks Subchapter V Bankruptcy in Florida
JAF LTD: Seeks Subchapter V Bankruptcy in Illinois
JMC UNIT 1: Seeks to Hire Agentis PLLC as Bankruptcy Counsel
JT MASONRY: Seeks Chapter 11 Bankruptcy in New York
KESKIN INC: Seeks Chapter 11 Bankruptcy in Maryland
KITCHEN AND BATH: Seeks Chapter 11 Bankruptcy in Texas
L & D CAFE: Tarek Kiem of Kiem Law Named Subchapter V Trustee
LCC INC: Seeks to Hire Wadsworth Garber Warner as Counsel
M & H WILLIAMS: Seeks Subchapter V Bankruptcy in Kentucky
MAKO FORESTRY: Seeks to Hire Knight CPA LLC as Accountant
MANNA MADISON: Files Second Chapter 11 Bankruptcy
MCMILLAN LOGGING: Seeks Chapter 11 Bankruptcy in Florida
MCPHILLIPS FLYING: Gets Court OK to Use Cash Collateral
MEG ENERGY: Moody's Puts 'Ba3' CFR Under Review for Upgrade
MERIT STREET: Sanctions Sought in Media Unit Bankruptcy Case
MILAN BABY: Hires Kings Homes & Associates as Business Broker
MILLENKAMP CATTLE: Court Likely to Grant EVD's Reconsideration Bid
MONGKOL ENTERPRISES: Hires Langley & Banack as Bankruptcy Counsel
MOSAIC SUSTAINABLE: Seeks to Hire Porter Hedges as Special Counsel
MOUNTAIN VIEW: Moody's Downgrades Issuer & GOLT Ratings to Ba1
NEXSTAR MEDIA: Moody's Puts 'Ba3' CFR Under Review for Downgrade
NIKOLA CORP: SEC Objects to Ch. 11 Plan's Handling of $80MM Penalty
NLC ENERGY: Seeks to Hire Kerkman & Dunn as General Counsel
NO WAKE ZONE: Seeks to Hire Colleen Argerdina as Accountant
NORTH AMERICAN: Court OKs Equipment Sale to Agri-Cover
PARTNERS PHARMACY: Hires Pillsbury Winthrop as Bankruptcy Counsel
PARTNERS PHARMACY: Seeks to Hire SSG Advisors as Investment Banker
PARTNERS PHARMACY: Taps Ronald Winters of Gibbins Advisors as CRO
PARTY CITY: Gets Court OK for Chapter 11 Liquidation Plan
PEAK ACHIEVEMENT: S&P Assigns BB- ICR, Outlook stable
PLATE RESTAURANT: U.S. Trustee Unable to Appoint Committee
PLATINUM BEAUTY: Court Extends Cash Collateral Access to Sept. 16
POSH QUARTERS: Seeks to Hire Mickler & Mickler as Attorney
PUERTO RICO: PREPA Bondholders Move to Terminate Reorg. Deal
QSR STEEL: CBIZ Can Be Paid $100,000 for Now
QVC GROUP: S&P Downgrades ICR to 'CCC', Outlook Negative
R2 MARKETING: Gets Final OK to Use Cash Collateral
RYAN SPECIALTY: Moody's Hikes CFR to Ba3 & Alters Outlook to Stable
SENOIA DRUG: Gets Final OK to Use Cash Collateral
SIX COOKS: Seeks to Hire Ayers & Haidt PA as Bankruptcy Counsel
SMYRNA READY: Moody's Lowers CFR to B1 & Alters Outlook to Stable
SOUND INPATIENT: S&P Upgrades ICR to 'B-', Outlook Stable
SOUTHWEST FIRE: Seeks to Use Cash Collateral Until Oct. 31
SPIN HOLDCO: S&P Cuts ICR to 'CCC' on Increasing Refinancing Risk
SPIRIT AIRLINES: Moody's Cuts CFR to Caa3 & Alters Outlook to Neg.
ST VINCENT HOME: Seeks Subchapter V Bankruptcy in Florida
ST. MATTHEW TRUST: Seeks Chapter 11 Bankruptcy in Maryland
SVB FINANCIAL: Trust Seeks to Toss $944MM Cayman Branch Claims
TANGIBLE INVESTMENT: Seeks to Hire Wilson Law Firm LLC as Attorney
TITAN CNG: U.S. Trustee Unable to Appoint Committee
TOGETHERMENT MANAGEMENT: U.S. Trustee Unable to Appoint Committee
TRUMMER HOSPITALITY: Seeks Chapter 11 Bankruptcy in New York
TZADIK SIOUX: Seeks Continued Cash Collateral Access
VICTORIA'S KITCHEN: Seeks Subchapter V Bankruptcy in Philadelphia
VILLAGE ROADSHOW: Court OKs Film Biz Sale to Alcon Media
VILLAGE ROADSHOW: Secures Court OK to Sell Biz for $4.25MM
VISTEON CORP: S&P Upgrades ICR to 'BB+' on Stronger Margins
VITAL ENERGY: S&P Places 'B' ICR on CreditWatch Positive
WARM CORP: Wins Final Approval to Use Cash Collateral
WEABER INC: U.S. Trustee Appoints Creditors' Committee
WELLPATH HOLDINGS: Medical Treatment Claims in Williams Case Tossed
WI-FI WHEELING: Seeks to Tap Noonan & Lieberman as Special Counsel
WOHALI LAND: Seeks to Hire Snell & Wilmer as Special Counsel
WOODLAND PLACE: Pensacola Property Sale to Martins Acquisition OK'd
YELLOW CORP: Top Shareholder Challenges Bankruptcy Plan Disclosures
[] U.S. Trucking Bankruptcies Rise on Fuel Tariffs
[^] Recent Small-Dollar & Individual Chapter 11 Filings
*********
315 MANHATTAN: Seeks To Sell NY Property at Auction
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315 Manhattan Properties LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of New York to sell
Property located at 315 West 121st Street, New York, subject to
higher or better offers, free and clear of liens, claims,
interests, and encumbrances.
The Debtor is the owner of a certain real property located at 315
West 121st Street, New York, New York 10027.
The Property consists of a five-story, walk-up, multi-family
building with twenty rent stabilized residential units.
The Debtor, as borrower, and Piermont Bank, as lender, are parties
to a certain loan facility in the principal amount of
$3,000,000.00. The Lender's interest is secured by a mortgage.
The Debtor desires to receive the greatest value for the Property.
The Bidding Procedures were developed
consistent with the Debtor's objective of promoting active bidding
that will result in the highest and best offer the marketplace can
sustain for the Property.
The Salient Provisions of Bidding Procedures:
-- Bid Deadline December 9, 2025 at 4:00 pm ET
-- Qualifying Deposit Ten percent (10%), due on or before Bid
Deadline.
-- Auction The Auction will be held at the offices of Northgate
Real Estate Group, 1633 Broadway,
46th Floor, New York, New York 10019 on December 11, 2025 at 11:00
am (ET).
-- Northgate's Fee 6%. 3% in the event of a credit bid.
-- Buyer's Premium 6% (covers Northgate's fee)
-- Credit Bid
Additional Terms Piermont Bank is permitted to credit bid and no
deposit is required in connection with same.
The Property will be transferred free and clear of all encumbrances
to the fullest extent.
The Bidding Procedures will ensure that the Debtor’s estate
receives the greatest benefit available from the Sale of the
Property taking into account the Debtor's financial condition. The
Bidding Procedures are fair and open, and do not unfairly favor the
Purchaser or any other potential purchaser.
The Debtor submits that the Bidding Procedures are reasonably
designed to ensure that the Debtor's estate receives the maximum
purchase price for the Property, and therefore warrant Court
approval.
The Debtor submits that following the Auction, the highest bidder
will reflect that the ultimate purchase price is fair and
reasonable and reflects the market value for such Property.
About 315 Manhattan Properties LLC
315 Manhattan Properties LLC owns a single real estate asset
located at 315 West 121st Street in New York, NY. The Company
operates as a single-asset real estate entity, as defined in 11
U.S.C. Section 101(51B).
315 Manhattan Properties sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. N.Y. Case No.: 25-11531) on July
9, 2025. The petition was signed by Bradley Simmons as sole member,
the Debtor disclosed its estimated Assets of $1 million to $10
million and estimated Liabilities of $1 million to $10 million.
Honorable Judge Michael E Wiles presides over the case.
Eric H. Horn, Esq., at A.Y. STRAUSS LLC, represents the Debtor as
legal counsel.
ACADEMIR CHARTER: Moody's Alters Outlook on 'Ba2' Rating to Stable
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Moody's Ratings has revised AcadeMir Charter School West, FL's
outlook to stable from positive and affirmed the Ba2 revenue bond
rating. Moody's have also assigned a Ba2 rating to its proposed
$66.7 million Educational Facilities Revenue Bonds (AcadeMir
Charter Schools, Inc. Project), Series 2025A and $1.2 million
Taxable Educational Facilities Revenue Bonds (AcadeMir Charter
Schools, Inc. Project), Series 2025B bonds. After the proposed
issuance, AcadeMir Charter School West and AcadeMir Charter School
Preparatory will have approximately $89 million in total debt
outstanding. In conjunction with the issuance of the proposed debt,
Academir Charter Schools, Inc. has established an obligated group
structure that includes Acadmir Charter School West and AcadeMir
Charter School Preparatory, and the future AcadeMir High School
West, and existing and proposed debt is parity under revenue pledge
from the campuses.
RATINGS RATIONALE
The Ba2 rating of the Academir West Obligated Group reflects its
strengthened liquidity, solid operating profile, and competitive
academic performance. As of preliminary fiscal year-end 2025
reporting, the obligated group holds over 200 days cash on hand,
providing a strong buffer against near-term volatility. Both
Academir Charter School West and Academir Charter School Prep are
nearing full enrollment and benefit from long-term 15-year
charters. The schools are part of a broader 10-member network in
Miami-Dade County, which adds further credit strength.
The proposed issuance of $67 will materially increase the obligated
group's leverage and annual debt service obligations. Although
construction of AcadeMir High School West has not yet begun, the
land acquisition will signal a high likelihood of development of
the new school. On a pro forma basis, maximum annual debt service
(MADS) coverage will weaken to 1.01x and debt service will grow to
22% of total expenses. The increase in debt will reduce the group's
cash-to-debt ratio to 15%.
The founding board members and senior management remain deeply
involved in governance and expansion efforts, but leadership
concentration presents succession risk over the long term. The
board's experience and continuity partially mitigate this risk.
RATING OUTLOOK
The stable outlook reflects the likelihood that AcadeMir will
maintain satisfactory operating performance and liquidity while
managing the risks associated with its expansion plans. The outlook
also incorporates the likelihood of additional debt issuance, which
will increase leverage and debt service obligations.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Material and sustained improvement in debt service and leverage
metrics
-- Achievement of enrollment growth goals
-- Maintenance of liquidity at over 150 days
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Decline in debt service coverage to below 1.2x and cash to debt
under 10%
-- Enrollment growth below current targets
-- Liquidity that falls below 110 days cash on hand
-- Additional debt that puts further pressure on operations and
balance sheet
PROFILE
AcadeMir Charter Schools, Inc. operates AcadeMir Charter School
West (PreK-8, 750 students, charter expires June 30, 2029) and
AcadeMir Charter School Preparatory (K-8, 1,161 students, charter
expires June 30, 2036), both located in western Miami-Dade County
and designated as High Performing Charter Schools. The obligated
group's total enrollment is 1,911 students as of June 2025. The
schools are managed by Superior Charter School Services, Inc. Plans
are underway to add AcadeMir High School West (grades 6-12),
expected to open in 2027-2028.
METHODOLOGY
The principal methodology used in these ratings was US Charter
Schools published in April 2024.
ACADEMY AT PENGUIN: Committee Taps Verdolino & Lowey as Accountant
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The Official Committee of Unsecured Creditors of The Academy at
Penguin Hall, Inc. seeks approval from the U.S. Bankruptcy Court
for the District of Massachusetts to employ Verdolino & Lowey, P.C.
as accountants.
The firm will perform these services:
a. prepare forensic accounting report concerning the
Debtor’s past operations;
b. advise the Committee regarding the tax implications of
asset recovery;
c. advise and assist the Committee with respect to evaluating
and objecting to proofs of claim submitted by federal and state
taxing authorities;
d. assist the Committee in reviewing and examining the books
and records of the Debtor with respect to potential preference
and/or fraudulent conveyance or transfer claims; and
e. assist the Committee with other tasks that the Committee
may require and reasonably request.
The firm will be paid at these rates:
Principals $565 per hour
Managers $275 to $450 per hour
Staff $225 to $395 per hour
Bookkeepers $225 to $300 per hour
Clerical $95 per hour
The firm will seek reimbursement of expenses incurred on behalf of
the Debtor.
Matthew Flynn, Esq., principal at Verdolino & Lowey, 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:
Matthew R. Flynn, CPA
Verdolino & Lowey PC
124 Washington St., Ste. 101
Foxboro, MA 02035
Telephone: (508) 543-1720
About The Academy at Penguin Hall, Inc.
The Academy at Penguin Hall Inc. is a private, college-preparatory
day school for young women in grades 9 through 12. Located in
Wenham, Massachusetts, the school offers interdisciplinary academic
programs and emphasizes leadership, critical thinking, and the
arts.
The Academy at Penguin Hall sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-11191) on June
11, 2025. In its petition, the Debtor reported between $10 million
and $50 million in assets and liabilities.
The Debtor is represented by John T. Morrier, Esq., at Casner &
Edwards, LLP.
ACADIA HEALTHCARE: Moody's Cuts CFR to 'Ba3', Outlook Stable
------------------------------------------------------------
Moody's Ratings downgraded the ratings of Acadia Healthcare
Company, Inc.'s ("Acadia"), including its Corporate Family Rating
to Ba3 from Ba2 and Probability of Default Rating to Ba3-PD from
Ba2-PD. Moody's also downgraded Acadia's senior unsecured ratings
to B1 from Ba3 and changed Acadia's Speculative Grade Liquidity
Rating to SGL-2 from SGL-1. The rating outlook is stable.
The ratings downgrade reflects softness in volumes attributable to
a change in referral patterns among managed Medicaid plans and a
few underperforming facilities that have resulted in weaker than
expected demand. Additionally, liquidity has weakened as Acadia
continued to invest in its growth through new facilities and
partnerships to further build out its geographic footprint. Moody's
currently forecast that Acadia will generate negative free cash
flow in 2025 due to its heightened capital investment in its
operations and costs related to investigations following
allegations concerning the length of stay, patient care and other
related issues at a handful of facilities.
The change in the Speculative Grade Liquidity Rating to SGL-2 from
SGL-1 considers Moody's expectations that Acadia will generate
negative free cash flow in 2025 due to its heightened capital
investment in its operations and costs related to government
investigations and legal fees. Moody's expects that Acadia will be
able to return to positive free cash flow in 2026 as it reduces its
capital expenditures and costs for independent consultants related
to the investigations decline. Acadia has about $165 amount drawn
on its revolving credit facility. As of June 30, 2025, Acadia had
about $131 million of cash and availability of about $835 million
under its $1 billion revolving credit facility. The company has no
near-term debt maturities, with its revolving credit facility set
to expire in February 2030. Acadia has a good mix of fixed to
variable debt.
Social considerations are material in this rating action as it
reflects highly negative exposure to social risk (S-4) namely due
to exposure to government payors as it relates to demographic and
societal trends as well as customer relations serving a high-risk
population. Acadia has experienced volume softness at some of the
aforementioned underperforming facilities and additionally, seen
weaker Medicaid volumes with a change in referral patterns among
managed Medicaid plans.
RATINGS RATIONALE
The Ba3 CFR is supported by its large scale and good business and
geographic diversity within the domestic behavioral healthcare
industry. Acadia benefits from the attractive industry fundamentals
including growing demand for services. The sensitive nature of the
population, given the treatment for severe behavioral health
conditions and addiction treatment services, makes them less likely
a target of reimbursement pressures.
The rating is constrained by Acadia's reliance on government
reimbursement from Medicare and Medicaid and risks associated with
the rapid pace of growth through acquisitions and opening of new
facilities and expanding existing facilities. Acadia operates with
moderate financial leverage with adjusted debt to EBITDA of 3.6x as
of June 30, 2025. The rating is also impacted by Moody's weaker
free cash flow expectations for 2025 given the higher spend on
legal expenses related to independent consultants that were hired
to investigate the allegations at a handful of facilities.
The stable outlook reflects the non-elective nature of Acadia's
services, good scale and diversity by geography and behavioral
service line. It also reflects Moody's expectations that the
company will continue to operate with conservative financial
policies.
The senior unsecured notes are rated B1, or one notch below the
CFR. The senior unsecured notes provide first loss absorption for
the senior secured classes in the event of a default.
ESG considerations have a moderately negative impact on Acadia's
rating (CIS-3). Acadia's credit impact score reflects highly
negative exposure to social risk (S-4) namely due to exposure to
government payors as it relates to demographic and societal trends
as well as customer relations serving a high-risk population.
Acadia has moderately negative exposure to environmental (E-3) and
governance (G-3) risks given its exposure to physical climate risks
with its locations in Puerto Rico, Florida and Texas and its
history of debt funded acquisitions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if debt to EBITDA is expected to be
sustained above 4.0 times, or if Moody's does not expect Acadia to
produce consistently positive free cash flow. Adverse reimbursement
developments could also result in a ratings downgrade. Moody's
could also downgrade the ratings if Acadia resumes more aggressive
financial policies with respect to the use of leverage for
acquisitions or shareholder returns.
The ratings could be upgraded if the company reduces and sustains
debt/EBITDA below 3.0 times while generating substantially higher
levels of free cash flow and balancing expansion opportunities and
acquisitions with debt reduction. Reduced reliance on Medicaid
would also support an upgrade.
Acadia is a provider of behavioral health care services. Acadia
provides psychiatric and chemical dependency services to its
patients in a variety of settings, including inpatient psychiatric
hospitals, residential treatment centers, outpatient clinics and
therapeutic school based programs. Acadia operates behavioral
health facilities spanning across the US and Puerto Rico. As of
June 30, 2025, Acadia generated LTM revenue of approximately $3.2
billion.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
AGREETA SOLUTIONS: Section 341(a) Meeting of Creditors on Sept. 29
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On August 25, 2025, Agreeta Solutions USA LLC 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.
A meeting of creditors under Section 341(a) to be held on September
29, 2025 at 02:00 PM via Telephone conference. To attend, Dial
888-330-1716 and enter access code 6960876.
About Agreeta Solutions USA LLC
Agreeta Solutions USA LLC develops digital solutions for the
agriculture technology sector, offering platforms that integrate
smart farming, traceability, and agri-commerce tools. The Company
operates in Peachtree Corners, Georgia, and focuses on improving
farm productivity, supply chain transparency, and market
connectivity. Its services include precision agriculture analytics,
end-to-end food product traceability, and support for farmer
networks.
Agreeta Solutions USA LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-59677) on August
25, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
The Debtor is represented by Theodore N. Stapleton, Esq. at
THEODORE N. STAPLETON.
ALEON METALS: Hires Stretto Inc as Claims and Noticing Agent
------------------------------------------------------------
Aleon Metals, LLC and affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Stretto, Inc. as claims and noticing agent.
Stretto 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.
The firm will seek reimbursement for expenses incurred.
The firm received an advance payment of $25,000.
Sheryl Betance, a senior managing director at Stretto, 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:
Sheryl Betance
Stretto Inc.
410 Exchange, Ste. 100
Irvine, CA 92602
Telephone: (714) 716-1872
Email: sheryl.betance@stretto.com
About Aleon Metals LLC
Aleon Metals, LLC own and operate a multipurpose solid waste
disposal facility in Freeport, Texas, specializing in the
extraction and refinement of metals used in the energy industry.
They focus on processing spent catalysts from petroleum refining to
recover vanadium and molybdenum, which have a range of chemical and
industrial applications. The Debtors are also developing a
hydrometallurgical recycling process for lithium-ion batteries that
would convert aluminum waste from its catalyst recycling operations
into battery-grade materials for cathode production.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90305) on August
17, 2025. In the petition signed by Roy Gallagher, chief
restructuring officer, the Debtor disclosed up to $500 million in
both assets and liabilities.
Judge Christopher M. Lopez oversees the case.
The Debtors tapped Morrison & Foerster, LLP as bankruptcy counsel;
Norton Rose Fulbright US, LLP as local counsel; Ankura Consulting
Group, LLC as restructuring and financial advisor; Jefferies, LLC
as investment banker; and Stretto, Inc. as claims and noticing
agent.
ALLISON TRANSMISSION: Moody's Affirms 'Ba1' CFR, Outlook Stable
---------------------------------------------------------------
Moody's Ratings affirmed the ratings of Allison Transmission, Inc.
(Allison Transmission), including the Ba1 corporate family rating,
the Ba1-PD probability of default rating, the Baa2 senior secured
bank credit facility rating and the Ba2 senior unsecured rating.
The outlook remains stable. The speculative grade liquidity rating
remains unchanged at SGL-1.
The affirmation reflects Moody's expectations that Allison
Transmission will maintain its strong position in fully automatic
transmissions for medium- and heavy-duty trucks in North America,
while expanding its geographic presence, product offering and
end-markets through the $2.7 billion acquisition of Dana's
off-highway business. Although the partially debt-funded
transaction will increase debt/EBITDA to 3.0 times in 2026, strong
free cash flow will enable the company to repay debt swiftly.
RATINGS RATIONALE
Allison Transmission's ratings reflect the strong position of the
company in the market for fully-automatic transmissions for medium-
and heavy-duty trucks, underpinned by long-standing relationships
with customers that value the performance, reliability and
durability of the company's products. The company's presence is
particularly strong in the Class 6-7 and Class 8 straight truck
segment. Despite the potential for volatility in its primary
end-markets, Allison Transition has demonstrated its ability to
maintain a very strong profit margin.
The company's concentrated product profile also makes it vulnerable
to a transition toward electric vehicles, which would erode the
demand for automatic transmissions. Nonetheless, Moody's expects
that such a shift would likely occur over a protracted time frame,
depending in part on regulations in various markets. Allison
Transmission is investing in electric hybrid and fully electric
propulsion systems and related technologies that have the potential
to increase its content per vehicle.
In addition, the acquisition of Dana's off-highway business will
further Allison Transmission's strategy to expand its footprint
outside of North America and broaden its product portfolio of
commercial-duty propulsion and powertrain solutions. More than 70%
of Dana's off-highway business was generated outside of North
America and over 90% of revenue was from the sale of products other
than transmissions, including axles, gears and gearboxes.
Specifically, the transaction expands the company's footprint in
Europe and India, aiding the company's multi-year efforts in these
regions to realize opportunities related to its fully-automatic
transmission solutions. Similar to Allison Transmission, Dana's
off-highway business is known for its high-efficiency, reliable and
durable engineering solutions. The transaction is expected to close
late in 2025.
The stable outlook reflects Moody's expectations that despite the
dilution from the acquisition of Dana's off-highway business,
Allison Transmission's EBIT margin will remain robust, around 22%
in 2026. The increase in debt to help fund the acquisition will
increase debt/EBITDA to 3.0 times at year-end 2026, Moody's
estimates, but strong free cash flow and a balanced capital
deployment policy will enable swift de-leveraging.
Moody's anticipates that Allison Transmission will maintain very
good liquidity (SGL-1), supported by a cash balance that Moody's
expects to be at least $500 million and nearly $750 million of
availability under the senior secured revolving credit facility.
Furthermore, free cash flow will likely exceed $500 million in
2025.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Allison can sustain an EBIT margin
of more than 20% as the migration toward electrification gradually
takes shape. A consistent, prudent financial policy with
debt/EBITDA remaining well below 3 times and strong liquidity is
also a consideration for a ratings upgrade, as is an asset base
that is largely unencumbered.
The ratings could be downgraded if the company adopts a more
aggressive financial strategy resulting in debt/EBITDA approaching
3.5 times and EBIT/interest falling below 3.5 times. The ratings
could also be downgraded if the EBIT margin falls below 17.5%.
The principal methodology used in these ratings was Automotive
Suppliers published in December 2024.
Allison Transmission's Ba1 corporate family rating is three notches
below the scorecard-indicated outcome of Baa1 as of December 31,
2024 reflecting the reduced financial flexibility ensuing from the
partially debt-financed acquisition of Dana's off-highway business
and the material amount of secured debt in the company's capital
structure.
Allison Transmission, Inc. designs and manufactures vehicle
propulsion solutions, including fully- automatic transmissions for
commercial-duty on-highway, off-highway and defense applications.
Allison Transmission also develops and manufactures commercial-duty
electric hybrid and fully electric propulsion solutions. In June
2025, the company entered into an agreement to acquire the
off-highway business of Dana Incorporated (Dana) for approximately
$2.7 billion. Allison Transmission's revenue for the last 12 months
ended June 30, 2025 was $3.2 billion.
ALPHA WOLF: Section 341(a) Meeting of Creditors on September 19
---------------------------------------------------------------
On August 22, 2025, Alpha Wolf Leasing LLC filed Chapter 11
protection in the Western District of Tennessee. 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
19, 2025 at 10:00 AM via by telephone or videoconference.
About Alpha Wolf Leasing LLC
Alpha Wolf Leasing LLC is a Tennessee-based company presumably
involved in leasing operations.
Alpha Wolf Leasing LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tenn. Case No. 25-24265) on August 22,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge M Ruthie Hagan handles the case.
The Debtor is represented by Steven N. Douglass, Esq. at Harris
Shelton, PLLC.
ALVIN'S COURIER: Section 341(a) Meeting of Creditors on Sept. 29
----------------------------------------------------------------
On August 21, 2025, Alvin's Courier Service Inc. filed Chapter 11
protection in the Middle District of Alabama. According to court
filing, the Debtor reports between $500,000 and $1 million in debt
owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on September
29, 2025 at 02:00PM at Opelika Video 341 - 7 -
https://www.zoomgov.com/j/16196595310.
About Alvin's Courier Service Inc.
Alvin's Courier Service Inc. is a transportation company providing
courier and delivery services in the Montgomery, Alabama area.
Alvin's Courier Service Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Ala. Case No. 25-31975) on August
21, 2025. In its petition, the Debtor reports estimated assets
between $100,000 and $500,000 and estimated liabilities between
$500,000 and $1 million.
ANCHORAGE HANGAR: Section 341(a) Meeting of Creditors on Sept. 18
-----------------------------------------------------------------
On August 21, 2025, Anchorage Hangar Investments LLC filed
Chapter 11 protection in the District of New Mexico. According to
court filing, the Debtor reports between $500,000 and $1 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on September
18, 2025 at 09:30 AM at US Trustee: Teleconference #
1-888-330-1716, Passcode: 3003165.
About Anchorage Hangar Investments LLC
Anchorage Hangar Investments LLC is a company that appears to
invest in and manage aircraft hangars and aviation-related real
estate.
Anchorage Hangar Investments LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.N.M. Case No. 25-11020) on
August 21, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $500,000 and $1 million each.
Honorable Bankruptcy Judge Robert H. Jacobvitz handles the case.
APOLLO CONSTRUCTION: Seeks Subchapter V Bankruptcy in Florida
-------------------------------------------------------------
On August 25, 2025, Apollo Construction & Engineering Services
Inc. filed Chapter 11 protection in the Middle District of
Florida. According to court filing, the Debtor reports $1,931,003
in debt owed to 1 and 49 creditors. The petition states funds will
be available to unsecured creditors.
About Apollo Construction & Engineering Services
Inc.
Apollo Construction & Engineering Services Inc. provides
full-service general contracting and construction services across
Florida, specializing in commercial, industrial, and government
projects. Operating since 1987, the Company delivers direct project
accountability, seamless coordination, and union-certified
workforce solutions to support construction of commercial
properties, public infrastructure, healthcare facilities, schools,
and transportation hubs. It holds active state licenses in
mechanical engineering, plumbing and piping, concrete and
structural work, fire protection, and general contracting, offering
end-to-end solutions from planning to build-out.
Apollo Construction & Engineering Services Inc. sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D.
Fla. Case No. 25-06058) on August 25, 2025. In its petition, the
Debtor reports total assets of $1,135,031 and total liabilities of
$1,931,003.
Honorable Bankruptcy Judge Catherine Peek McEwen handles the
case.
The Debtor is represented by Samantha L Dammer, Esq. at BLEAKLEY
BAVOL DENMAN & GRACE.
ASOCIACION HOSPITAL: Seeks Chapter 11 Bankruptcy in Puerto Rico
---------------------------------------------------------------
Asociacion Hospital del Maestro Inc., which runs a hospital in San
Juan, Puerto Rico, has entered Chapter 11 bankruptcy on August 25,
2025 in the District of Puerto Rico.
The hospital is grappling with severe financial strain, burdened by
large debts to utilities, government agencies, and medical vendors.
hospital reports $11.7 million owed to LUMA Energy, $3.8 million to
the Department of Treasury for unpaid withholdings, and $1.4
million to Cardinal Health PR. It also lists a $1.7 million
contingent liability from a malpractice case.
The board approved the filing on August 8, 2025, after reviewing
the hospital's strained finances. According to court documents,
unsecured creditors are unlikely to recover any funds after
administrative expenses are covered.
About Asociacion Hospital Del Maestro Inc.
Asociacion Hospital Del Maestro Inc., also known as Hospital El
Maestro, is a nonprofit general medical and surgical hospital
located in San Juan, Puerto Rico, that was founded in 1955 to serve
the teaching community and has since expanded to provide services
to the broader population. The hospital operates about 126 staffed
beds and offers emergency care, intensive care, radiology, surgery,
hemodialysis, and a range of medical specialties for children and
adults. It is accredited by the Joint Commission and functions as a
501(c)(3) organization with a focus on healthcare, education, and
community service.
Asociacion Hospital Del Maestro Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D.P.R. Case No. 25-03780) on
August 25, 2025. In its petition, the Debtor reports total assets
of $13,396,955 and total liabilities of $39,669,466.
Honorable Bankruptcy Judge Enrique S. Lamoutte Inclan handles the
case.
The Debtor is represented by Wigberto Lugo Mender, Esq. at LUGO
MENDER GROUP, LLC. CPA LUIS R. CARRASQUILLO & CO, PSC is the
Debtor's financial consultant.
AUGSBURG UNIVERSITY: Moody's Cuts Issuer & Rev Bond Ratings to Ba2
------------------------------------------------------------------
Moody's Ratings has downgraded Augsburg University, MN's issuer and
revenue bond ratings to Ba2 from Ba1. The outlook was revised to
stable from negative. As of May 31, 2024, the university had $53
million in debt outstanding.
The downgrade to Ba2 reflects very minimal liquidity available to
manage any volatility in budget outcomes in the context of thin
operating performance and risk of covenant breaches.
RATINGS RATIONALE
Augsburg University's Ba2 issuer rating reflects its minimal
unrestricted liquidity, persistently thin operating performance and
weak debt service coverage. Debt structure risks include private
placement debt with financial covenants that could trigger an
acceleration of debt if breached. The university's high reliance on
student charges to fund operations with low pricing power in a
highly competitive market remains a credit risk. However,
Augsburg's mission-driven appeal to a diverse student body and good
enrollment management, illustrated by growing entering classes and
rising total enrollment, support prospects for continued net
student revenue growth. Favorably, improvement in fiscal 2024
operating performance is expected to carry forward into fiscal 2025
due to a combination of net tuition growth and management's
proactive cost controls.
The Ba2 revenue bond ratings incorporate the issuer rating and the
broad nature of the revenue pledge.
RATING OUTLOOK
The stable outlook incorporates prospects of steady, albeit still
thin, operating performance which will underpin debt service
coverage sufficient to meet covenants, reducing the risk of having
to obtain bank waivers.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Sustained increase in unrestricted liquidity and overall wealth
to provide a stronger buffer to operations and debt
-- Stabilized improvement in operating performance including
comfortable headroom over financial covenants
-- Consistent growth in net tuition revenue over multiple years
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Further erosion in unrestricted liquidity and ongoing reliance
on bank lines
-- Inability to stabilize EBIDA margins yielding at least 1x debt
service coverage
-- Weakening in management of counterparty relationships that
underpin provision of covenant violation waivers
-- Reversion to undergraduate enrollment or net tuition revenue
decline
PROFILE
Augsburg University, founded as a Lutheran seminary in 1869, is in
Minneapolis, Minnesota. The university's diverse programs serve
traditional students and adult learners. Augsburg enrolled 3,082
full time equivalent students in fall 2024, mostly from Minnesota,
with revenue of $79 million in fiscal 2024.
METHODOLOGY
The principal methodology used in these ratings was Higher
Education published in July 2024.
BALANCE LIFE BETTER: Files Second Chapter 11 Bankruptcy
-------------------------------------------------------
On August 26, 2025, Balance Life Better Enhancement Corporation
sought Chapter 11 protection under Subchapter V in the Eastern
District of Michigan, its second filing on February 4, 2025. The
company reported assets between $1 million and $10 million and
liabilities of $500,001 and $1 million, identifying 1 to 49
creditors.
Court documents further state that unsecured creditors should not
expect distributions once administrative expenses are satisfied.
About Balance Life Better Enhancement Corporation
Balance Life Better Enhancement Corporation is a Detroit-based
company.
Balance Life Better Enhancement Corporation sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. Mich. Case No.
25-48617) on August 26, 2025. In its petition, the Debtor reports
estimated assets between $1 million and $10 million and estimated
liabilities between $500,000 and $1 million.
Honorable Bankruptcy Judge Paul R. Hage handles the case.
The Debtor is represented by Christopher S. Sinclair, Esq. of
Sinclair Law.
BEAR'S FRUIT: Seeks Cash Collateral Access
------------------------------------------
Bear's Fruit LLC asks the U.S. Bankruptcy Court for the Eastern
District of New York for authority to use cash collateral and
provide adequate protection.
The Debtor argues that immediate access to cash collateral is
necessary to prevent significant harm to the business and its
estate, primarily to complete a scheduled production run on August
29, fulfill existing customer orders totaling approximately
$32,000, and avoid losing up to $250,000 in revenue and perishable
inventory. The Debtor has already invested over $53,000 into raw
materials and manufacturing for this run and notes that two of its
four product SKUs are currently out of stock, further increasing
the urgency.
The Debtor operates an asset-light model, outsourcing
manufacturing, warehousing, and distribution. It sells products to
major retailers such as Whole Foods and Wegmans, as well as via
online wholesale platforms. With no employees aside from its two
co-founders, Amy Driscoll and Christopher Hill, the business is
reliant on timely execution of operations and vendor relationships.
The Debtor filed for bankruptcy on August 15 and continues to
manage its business as a debtor-in-possession.
Two primary secured creditors have been identified: Express Trade
Capital, Inc., which holds a perfected lien via a pre-petition
factoring arrangement and is owed $38,533, and the U.S. Small
Business Administration, which holds a potentially lapsed security
interest related to a $99,925 loan.
The Debtor acknowledges both claims and intends to provide adequate
protection to these creditors through post-petition replacement
liens and superpriority claims. These measures are designed to
safeguard the creditors' interests against any post-petition
diminution in collateral value.
About Bear's Fruit LLC
Bear's Fruit, LLC operates an asset-light model, outsourcing
manufacturing, warehousing, and distribution.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.Y. Case No. 25-43951) on August 15,
2025. In the petition signed by Amy Driscoll, co-founder, the
Debtor disclosed up to $50,000 in assets and up to $500,000 in
liabilities.
Judge Jill Mazer-Marino oversees the case.
Robert L. Rattet, Esq., at Davidoff Hutcher & Citron LLP,
represents the Debtor as legal counsel.
BROKEN VESSEL: Trustee Taps Max C. Pope Jr. as General Attorney
---------------------------------------------------------------
Joseph E. Bulgarella, Chapter 11 Trustee of Broken Vessel United
Missionary, Full Gospel Baptist Church, Inc., seeks approval from
the U.S. Bankruptcy Court for the Northern District of Alabama to
employ Law Offices of Max C. Pope, Jr. as his general attorney.
The firm will conduct 2004 examination, if necessary, assist the
Trustee in filing necessary pleadings to liquidate assets, collect
account receivables, as well as other legal work necessary to
properly administer the estate.
The firm will be paid $475 per hour for the services rendered by
Max C. Pope, Jr.
The Law Offices of Max C. Pope, Jr. is a "disinterested person" as
that term is defined in Sec. 101(14) of the Bankruptcy Code,
according to court filings.
The firm can be reached through:
Max C. Pope, Jr., Esq.
Law Offices of Max C. Pope, Jr.
1929 3rd Ave N. Ste 250
Birmingham, AL 35203
Phone: (205) 327-5566
About Broken Vessel United Missionary
Full Gospel Baptist Church
Broken Vessel United Missionary, Full Gospel Baptist Church, Inc.
is a community focused religious organization that offers worship
services, prayer meetings, and outreach programs.
Broken Vessel United Missionary, Full Gospel Baptist Church sought
Chapter 11 bankruptcy protection (Bankr. N.D. Ala. Case No.
24-02611) on Aug. 28, 2024. In the petition signed by Donald
Moulton, president, the Debtor disclosed $1 million to $10 million
in both assets and liabilities.
Judge Tamara O. Mitchell oversees the case.
Frederick M. Garfield, Esq., serves as the Debtor's counsel.
CACHCOPA LLC: Seeks Subchapter V Bankruptcy in Florida
------------------------------------------------------
On August 26, 2025, Cachcopa LLC sought Chapter 11 bankruptcy
protection under Subchapter V in North Fort Myers, Florida. The
company's petition shows assets valued at $100,001 to $500,000 and
liabilities between $1,000,001 and $10,000,000, with 50 to 99
creditors.
Court documents indicate no restructuring support agreement or
debtor-in-possession financing has been arranged. Significant
unsecured claims include $150,000 owed to Quickbooks Capital,
$115,000 to QFS Capital, $111,000 to Darlene Ballinger-Mack, and
$94,887.55 to Google LLC.
About Cachcopa LLC
Cachcopa LLC, doing business as The Barrett Group, a career
services company that operates the website careerchange.com and
specializes in executive career coaching and job search
assistance.
Cachcopa LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01657) on August
26, 2025. In its petition, the Debtor reports estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Van Horn Law Group, P.A.
CALI MADE: Court to Hold Cash Collateral Hearing Today
------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Riverside Division, is set to hold a hearing today to consider
another extension of Cali Made Cold Planing, LLC's authority to use
cash collateral.
The Debtor's authority to use cash collateral expires on August
31.
The Debtor intends to continue using the cash collateral on hand
and future income while offering replacement liens to First
Citizens Bank, equal to any post-petition diminution in collateral
value. No new adequate protection payments are proposed for other
secured creditors at this time.
The secured creditors, including First Citizens Bank, Ascentium
Capital, and Itria Ventures, hold total claims of roughly $997,777.
First Citizens Bank holds the first-priority lien and is currently
receiving monthly adequate protection payments of $1,334 under a
court-approved agreement.
The Debtor filed for Chapter 11 bankruptcy on January 24 after a
50% revenue drop in 2024. Founded in 2021, the Debtor provides
paving and asphalt services across several California counties. It
employs 11 people and holds no real estate but reports $162,762 in
cash and personal property as of July 31.
About Cali Made Cold Planing
LLC
Cali Made Cold Planing LLC is a services company based in Mentone,
California.
Cali Made Cold Planing sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-10398) on Jan. 24,
2025. In its petition, the Debtor estimated assets and liabilities
between $1 million and $10 million.
Judge Scott H. Yun handles the case.
The Law Offices of Michael Jay Berger serves as the Debtor's
counsel.
CAR TOYS: Seeks Chapter 11 Bankruptcy in Washington
---------------------------------------------------
Will Wixey of Fox13 Seattle reports that Car Toys, the Auburn-based
car audio and mobile electronics chain, has filed for Chapter 11
bankruptcy.
The company disclosed assets and liabilities of $10 million to $50
million in its August 18, 2025 petition. A WARN notice shows 177
employees will lose jobs beginning October 20, 2025, as store
closures proceed.
Car Toys plans to sell most of its western Washington locations to
other businesses, while keeping select stores open. Founded in
Bellevue in 1987, the retailer operates across Washington, Oregon,
Colorado, and Texas and is headquartered in Seattle.
About Car Toys Inc.
Car Toys Inc. -- https://www.cartoys.com/ -- is the largest
independent multi-channel specialty car audio and mobile
electronics retailer in America.
Car Toys, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-12288-TWD) on August
18, 2025. In the petition signed by Philip Kaestle, chief
restructuring officer, the Debtor disclosed up to $50 million in
both assets and liabilities.
Judge Timothy W. Dore oversees the case.
Steven M. Palmer, Esq., at Cairncross & Hempelmann, P.S.,
represents the Debtor as legal counsel.
CASUAL 21 USA: Gets Interim OK to Use Cash Collateral Until Nov. 13
-------------------------------------------------------------------
Casual 21 USA Corp. received interim approval from the U.S.
Bankruptcy Court for the Southern District of New York to use cash
collateral to fund operations.
The interim order authorized the Debtor to use up to $1,413,244 in
cash collateral through November 13 in accordance with its budget,
subject to a 10% variance.
As adequate protection, the U.S. Small Business Administration will
be granted an automatically perfected replacement lien on all
post-petition assets of the Debtor that is similar to its
pre-bankruptcy collateral. The replacement liens do not apply to
avoidance actions and their proceeds.
In addition, the Debtor must make monthly payments of $6,175 to the
secured lender as further protection.
The Debtor's authority to use cash collateral terminates upon the
occurrence of so-called events of default, including failure to
comply with the terms of the order; use of cash collateral other
than as agreed; dismissal or conversion of its Chapter 11 case to a
proceeding under Chapter 7; and appointment of a trustee or
examiner.
The final hearing is scheduled for September 9. Objections are due
by September 2.
About Casual 21 USA Corp.
Casual 21 USA Corp. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-35882) with $0 to
$50,000 in assets and $1,000,001 to $10 million in laibilities. The
petition was signed by Asher Horowitz as CFO.
Judge Hon. Kyu Young Paek oversees the case.
The Debtor is represented by:
Adrienne Woods, Esq.
Weinberg Zareh Malkin Price LLP
Tel: 917-447-4321
Email: awoods@wzmplaw.com
CHERRY & CANDLEWOOD: Has Deal on Cash Collateral Access
-------------------------------------------------------
Cherry & Candlewood, Inc. and the U.S. Small Business
Administration advised the U.S. Bankruptcy Court for the Central
District of California, Los Angeles Division, that they have
reached an agreement regarding the Debtor's use of cash collateral
and now desire to memorialize the terms of this agreement into an
agreed order.
In June 2020, the Debtor obtained a $150,000 COVID Economic Injury
Disaster Loan from SBA, which carried a 3.75% annual interest rate
and a 30-year repayment term, with monthly payments of $731. As of
the petition date, the loan had an outstanding principal of
$150,000 and accrued interest of $9,354.01. The loan is secured by
a broad lien on the Debtor's tangible and intangible personal
property.
The agreement, if approved by the court, would allow the Debtor to
use SBA's cash collateral (derived from the secured assets)
retroactive to the petition date and continuing through October 3
to pay necessary post-petition operational expenses.
As adequate protection for the use of this collateral, SBA will
receive a replacement lien on the Debtor's post-petition revenues,
with the same scope and priority as its pre-petition lien but
limited to any post-petition decrease in the value of its
collateral. This replacement lien is automatically valid,
perfected, and enforceable without further filings. Additionally,
the SBA will be granted a superpriority administrative expense
claim, limited to any actual diminution in collateral value due to
the Debtor’s use of cash collateral.
The Debtor agrees not to use any cash collateral for insider
payments unless compliant with applicable bankruptcy rules. It must
also maintain insurance on all secured property, naming SBA as loss
payee or additional insured, and provide timely monthly financial
reporting. The stipulation does not waive or modify SBA's rights
under the loan or bankruptcy laws and does not cure any existing
default. SBA reserves the right to seek additional protections or
object to the proposed reorganization plan.
The stipulation remains effective through October 3, unless earlier
modified, replaced or terminated by court order; plan confirmation;
or case dismissal.
A copy of the stipulation is available
at https://urlcurt.com/u?l=7ydAej from PacerMonitor.com.
About Cherry & Candlewood Inc.
Cherry & Candlewood Inc., doing business as Aamco Transmission, is
an American transmission-repair franchise founded by Robert Morgan
and Anthony A. Martino in 1957 in Philadelphia.
Cherry & Candlewood sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No. 24-19874)
on December 3, 2024, with $1 million to $10 million in both assets
and liabilities. Michael J. Long, chief executive officer, signed
the petition.
Judge Barry Russell handles the case.
The Debtor is represented by Summer Shaw, Esq. at Shaw & Hanover,
PC.
CLAIRE'S HOLDINGS: Gets OK for $22.5M DIP Loan From AWS Claire
--------------------------------------------------------------
Claire's Holdings LLC and affiliates received interim approval from
the U.S. Bankruptcy Court for the District of Delaware to obtain
$22.5 million in debtor-in-possession financing to fund inventory
purchases and stabilize supply chain operations.
The $22.5 million DIP facility is being provided by AWS Claire's
LLC, the designated buyer under a sale transaction to acquire no
less than 795 of the Debtors' North American stores, along with
their inventory.
AWS Claire's is a holding company affiliated with the buyer group
led by Ames Watson, LLC.
The DIP facility will be made available immediately and credited
against the purchase price at closing.
The DIP facility will be secured by a junior lien on ABL
(asset-based lending) priority collateral (thus not priming
existing asset-based lenders) and, with consent from other secured
creditors, a first-priority lien on term loan priority collateral.
No interest or fees will accrue unless the Debtors decide to pursue
an alternative transaction and repay the facility early.
Use of Cash Collateral
The interim order also authorized the Debtors to use cash
collateral in accordance with their budget and grant adequate
protection to pre-petition secured parties.
The Debtors' pre-bankruptcy capital structure includes
approximately $690 million in funded debt, consisting of:
(i) $63.5 million under an asset-based revolving credit
facility provided by JPMorgan Chase Bank, N.A., as administrative
and collateral agent;
(ii) $121.1 million under a secured priority term loan
facility, with Ankura Trust Company, LLC as agent; and
(iii) $506.2 million under an existing term loan facility, also
administered by Ankura.
As protection, JPMorgan and Ankura will be granted a valid,
automatically perfected security interest in and lien on all
tangible and intangible pre-petition and post-petition property of
the Debtors, subject and subordinate to the fee carveout.
Both will also be granted an allowed superpriority administrative
expense claim senior to all other administrative expense claims of
any kind but subject and subordinate to the carveout.
The final hearing is set for September 9, with objections due by
September 2.
A copy of the interim DIP order is available at
https://is.gd/0e73XY
AWS Claire's, as DIP lender, is represented by:
Joseph Barry, Esq.
Kara Hammond Coyle, Esq.
Ashley E. Jacobs, Esq.
Young Conaway Stargatt & Taylor, LLP
1000 North King Street
Wilmington, DE 19801
Telephone: (302) 571-6600
Facsimile: (302) 571-1253
jbarry@ycst.com
kcoyle@ycst.com
ajacobs@ycst.com
-- and --
Alan M. Noskow, Esq.
Paul Hasting, LLP
2050 M Street NW
Washington, DC 2036
Telephone: (202) 551-1700
alannoskow@paulhastings.com
-- and --
Lindsey Henrikson, Esq.
Paul Hastings, LLP
71 South Wacker Drive, Suite 4500
Chicago, IL 60606
Telephone: (312) 499-6000
lindseyhenrikson@paulhastings.com
About Claire's Holdings
Claire's Holdings LLC is a fully integrated, global fashion brand
powerhouse committed to inspiring self-expression through the
creation and delivery of exclusive, well-curated products and
experiences. Through its global brands, Claire's and Icing, the
company delivers an immersive, omnichannel shopping experience with
owned and concession stores throughout North America and Europe as
well as around the world. On the Web: http://www.claires.com/
On August 6, 2025, Claire's Holdings LLC and certain of its U.S.
and Gibraltar-based subsidiaries, the operator of Claire's and
ICING stores globally, commenced Chapter 11 proceedings in the
United States Bankruptcy Court in the District of Delaware. The
cases are pending before the Honorable Judge Brendan L. Shannon and
the Debtors have requested joint administration (Bankr. D. Del.
Lead Case No. 25-11454).
In parallel, Claire's Canadian subsidiary commenced a proceeding in
the Ontario Superior Court of Justice (Commercial Division) under
the Companies' Creditors Arrangement Act to monetize the Company's
Canadian assets under the protections offered by the CCAA. KSV
Restructuring Inc. is the monitor in the CCAA case.
Claire's and ICING locations outside of North America are not
included in the Chapter 11 or CCAA proceedings.
Claire's listed $1 billion to $10 billion in assets and
liabilities.
Kirkland & Ellis LLP is serving as legal counsel to Claire's.
Houlihan Lokey is serving as investment banker, and Alvarez &
Marsal is serving as restructuring advisor. Osler, Hoskin &
Harcourt LLP is serving as Canadian legal counsel to Claire's. Omni
Agent Solutions LLC is the claims agent.
Ankura Trust Company, LLC, as Prepetition Priority Term Loan Agent
and Prepetition Existing Term Loan Agent, is represented by:
Joel Moss, Esq.
Amit Trehan. Esq.
Sean Tierney, Esq.
Cahill Gordon & Reindell LLP
JMoss@cahill.com
ATrehan@cahill.com
STierney@cahill.com
JPMorgan Chase Bank, N.A., as Prepetition ABL Agent, is represented
by:
Elisha D. Graff, Esq.
Zachary J. Weiner, Esq.
Sean Lee, Esq.
Simpson Thacher & Bartlett LLP
egraff@stblaw.com
zachary.weiner@stblaw.com
sean.lee@stblaw.com
-and-
L. Katherine Good, Esq.
Jeremy Ryan, Esq.
Potter Anderson & Corroon LLP
lkgood@potteranderson.com
jryan@potteranderson.com)
CRESCENT ENERGY: S&P Places 'B+' ICR on CreditWatch Positive
------------------------------------------------------------
S&P Global Ratings placed its 'B+' issuer credit rating (ICR) on
Crescent Energy Co. (Crescent) on CreditWatch with positive
implications. At the same time, S&P affirmed its 'BB-' issue-level
rating on its unsecured notes.
S&P said, "The CreditWatch placement reflects the likelihood that
we will raise the ICR by one notch at or around the close of the
acquisition, which we expect by year-end 2025. This is assuming the
transaction is completed as proposed and there are no material
changes to our operating assumptions."
On Aug. 25, 2025, Crescent, a U.S.-based oil and gas exploration
and production company, announced it has entered into a definitive
agreement to acquire Vital Energy (B/Stable) in an all-stock
transaction valued at approximately $3.1 billion, including the
assumption of Vital's debt.
As of June 30, 2025, Vital had around $2.3 billion in debt,
including about $745 million in outstanding borrowings under its
secured reserve-based lending credit facility. Under the terms of
the agreement, Vital shareholders will receive 1.9062 shares of
Crescent Class A common stock for each share of Vital common stock,
a 20% premium to Vital's Aug. 22 closing share price. Pro forma for
the transaction, Crescent shareholders will own approximately 77%
of the combined company, and Vital shareholders will own the
remaining 23%. In addition, Crescent's board of directors will
increase to 12 members with the addition of two directors nominated
by Vital. The transaction is subject to customary closing
conditions and regulatory approvals, including approvals by
shareholders of Crescent and Vital. S&P expects to resolve the
CreditWatch placement when the acquisition closes, likely by the
end of 2025.
S&P said, "The CreditWatch placement reflects the likelihood that
we will raise the ICR by one notch when the deal closes. In
addition to its existing core positions across both the Eagle Ford
and Uinta basins, Crescent will expand its operational footprint
into the Permian Basin through the acquisition of Vital, adding
267,300 net acres. Pro forma for the acquisition, Crescent's
second-quarter daily production would be around 400,000 barrels of
oil equivalent (boe) per day, with liquids accounting for about 64%
and total proved reserves of about 1.2 billion boe as of Dec. 31,
2024. The company is targeting $90 million–$100 million in annual
synergies over the next 12 months, driven by a lower cost of
capital, overhead savings, and capital allocation benefits. While
we view the transaction favorably in terms of added scale and
geographic diversification, we will continue to assess the overall
quality and strategic fit of the acquired assets on a combined
basis--considering profitability, hedging positions, and the
potential implications of asset sales.
"We expect the company to prioritize debt reduction over the next
two years, improving its underlying credit metrics. Crescent has a
long-term reported leverage target of 1.0x but is willing to
increase it up to 1.5x for acquisitions. While the addition of
incremental debt will initially weaken Crescent's credit metrics,
the company anticipates achieving 1.5x leverage at the close of the
transaction, which we anticipate will happen by year-end 2025. We
expect Crescent to prioritize debt reduction through organic free
cash flow generation and a revised plan to divest $1 billion in
non-core assets (up from the previously announced $250 million).
However, we do not incorporate divestitures in our base case
because they're not yet contracted.
"We affirmed our 'BB-' issue-level rating on Crescent's senior
unsecured notes. The affirmation reflects our expectation that the
'2' recovery rating--which currently leads to a one-notch uplift
from our current 'B+' issuer credit rating--would be capped at a
'3' if we raised the ICR to 'BB-'. We don't apply a one-notch
uplift for debt with a '3' recovery rating, and so we would not
expect to raise the unsecured notes rating if we raise the ICR. We
cap issue-level ratings at '3' when the issuer credit rating is in
the 'BB' category to reflect the heightened risk the company will
issue additional priority or pari passu debt on the path to
default.
"The CreditWatch placement reflects the likelihood that we'll raise
our ICR on Crescent by one notch at or around the close of the
acquisition, which we expect by year-end 2025. This is assuming the
transaction is completed as proposed and there are no material
changes to our operating assumptions."
DANIEL TRUCKING: Seeks Cash Collateral Access
---------------------------------------------
Daniel Trucking International, Inc. asks the U.S. Bankruptcy Court
for the Northern District of Illinois, Eastern Division, for
authority to use cash collateral and provide adequate protection to
its secured creditors Old National Bank and the U.S. Small Business
Administration.
The Debtor asserts that continued use of cash collateral is
essential to maintain operations and avoid business shutdown, which
would result in significant harm to the bankruptcy estate and
creditors.
In return for this use, the Debtor proposes to provide adequate
protection to the secured creditors in the form of replacement
liens on post-petition assets and proceeds to the extent and
validity of their pre-petition liens. The Debtor also commits to
continuing insurance coverage on all secured assets.
The Debtor argues that its proposed budget demonstrates that the
value of the secured creditors' collateral is not declining,
thereby satisfying the requirement to provide adequate protection
under Section 361.
The Debtor owes approximately $1.3 million and $1.886 million to
ONB and the SBA, respectively. Both creditors hold perfected
security interests in all of the Debtor's assets, including its
cash and receivables, pursuant to properly filed UCC financing
statements.
A hearing on the matter is set for September 3.
A copy of the motion is available at https://urlcurt.com/u?l=S49a7v
from PacerMonitor.com.
About Daniel Trucking International Inc.
Daniel Trucking International, Inc. is a Wheeling, Illinois-based
transportation company.
Daniel Trucking International sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-10329) on July
7, 2025. In its petition, the Debtor reported between $1 million
and $10 million in assets and liabilities.
Honorable Bankruptcy Judge Deborah L. Thorne handles the case.
The Debtor is represented by David Freydin, Esq., at Law Offices of
David Freydin Ltd.
DELTA ABSORBENTS: Hires Bridgers Goodman Baird as Accountant
------------------------------------------------------------
Delta Absorbents of America, Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Mississippi to hire
Bridgers, Goodman, Baird & Clarke, PLLC as accountants.
The firm will perform all accounting services that are necessary or
that may become necessary in this proceeding.
The firm will be paid at these rates:
Certified Public Accountants $180 an hour
Other Accountants $90 an hour
David E. Clarke, CPA, of Bridgers, Goodman, Baird & Clarke, PLLC,
represents no interests adverse to the estate, Delta Absorbents, or
issues which may arise in this matter.
The firm can be reached through:
David E. Clarke, CPA
Bridgers, Goodman, Baird & Clarke, PLLC
3528 Manor Drive
Vicksburg, MS 39180
Phone: (601) 636-1416
About Delta Absorbents of America, Inc.
Delta Absorbents of America, Inc. filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Miss.
Case No. 25-11985) on June 25, 2025, listing up to $50,000 in
assets and $500,001 to $1 million in liabilities.
R. Michael Bolen, Esq. at Hood & Bolen, Attorneys At Law represents
the Debtor as counsel.
DEPLOYED SOLDIERS: Seeks Subchapter V Bankruptcy in Maryland
------------------------------------------------------------
Deployed Soldiers Network LLC filed for Chapter 11 protection on
August 26, 2025, in the District of Maryland. The Oxon Hill-based
company, led by CEO Willard Williams, reported assets and
liabilities of $500,001–$1 million
The company elected Subchapter V treatment as a small business
debtor. The filing lists 1–49 creditors, including Chase Bank,
Progressive, and other financial institutions.
About Deployed Soldiers Network LLC
Deployed Soldiers Network LLC is an information technology company
that appears to provide specialized IT services related to military
personnel or veterans.
Deployed Soldiers Network LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Md. Case No.
25-17821) on August 26, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $500,000 and $1 million
each.
The Debtor is represented by Law Office of David Cahn, LLC.
DIOCESE OF SYRACUSE: Gets Court Approval for $176MM Chap. 11 Plan
-----------------------------------------------------------------
Rick Archer of Law360 reports that on Wednesday, August 27, 2025, a
New York bankruptcy judge approved the Roman Catholic Diocese of
Syracuse's $176 million settlement plan for sexual abuse claims,
noting that recent insurance agreements do not affect the plan's
fundamental structure.
About The Roman Catholic Diocese of Syracuse
The Roman Catholic Diocese of Syracuse, New York --
http://www.syracusediocese.org/-- through its administrative
offices (a) provides operational support to the Catholic parishes,
schools and certain other Catholic entities that operate within the
territory of the Diocese in support of their shared charitable
humanitarian and religious missions; (b) conducts school operations
by managing tuition and scholarship payments, employee payroll,
and other school-related operating expenses for separately
incorporated
Diocesan schools, as well as providing parish schools with
financial, operational and educational support; and (c) provides
comprehensive risk management services to the OCEs through the
Diocese's insurance program.
The Roman Catholic Diocese of Syracuse, New York filed its
voluntary petition for relief under Chapter 11 of the Bankruptcy
Code (Bank. N.D.N.Y. Case No. 20-30663) on June 19, 2020. Stephen
A. Breen, chief financial officer, signed the petition. At the time
of filing, the Debtor estimated $10 million to $50 million in
assets and $50 million to $100 million in liabilities.
Judge Margaret M. Cangilos-Ruiz oversees the case.
Bond, Schoeneck and King, PLLC, serves as the Debtor's bankruptcy
counsel. The Debtor also tapped Mullen Coughlin LLC as special
counsel, Arete Advisors LLC as cybersecurity consultant, and
Moxfive LLC as technical advisor. Stretto is the claims agent and
administrative advisor.
The U.S. Trustee for Region 2 appointed a committee to represent
unsecured creditors in the Debtor's bankruptcy case. The committee
tapped Stinson, LLP, Saunders Kahler, LLP and Berkeley Research
Group, LLC, as its bankruptcy counsel, local counsel and financial
advisor, respectively.
DISCOUNT AUTO GLASS: Seeks Chapter 11 Bankruptcy in Pennsylvania
----------------------------------------------------------------
On August 22, 2025, Discount Auto Glass Inc. filed Chapter 11
protection in the Western District of Pennsylvania. According to
court filing, the Debtor reports between $100,000 and $500,000 in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About Discount Auto Glass Inc.
Discount Auto Glass Inc., operates under the names Discount Auto
Glass and Discount Auto Glass and Service, is an automotive glass
repair and replacement services provider operating in North
Versailles, Pennsylvania.
Discount Auto Glass Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-22204) on August 1,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $100,000 and $500,000.
The Debtor is represented by Christopher M. Frye, Esq. at Steidl &
Steinberg, P.C.
DOUBLE S SIGNS: Seeks Subchapter V Bankruptcy in Texas
------------------------------------------------------
On August 25, 2025, Double S Signs sought Chapter 11 protection
under Subchapter V in the Eastern District of Texas, a process
designed to streamline reorganization for small businesses.
Financial strain from multiple bank loans appears to have prompted
the filing. The company reported assets of approximately $556,314
and liabilities of $1,188,090, largely tied to loans and credit
lines from Simmons Bank and Regions Bank.
About Double S Signs LLC
Double S Signs LLC, doing business as Hightech Signs, is a sign
manufacturing and installation company based in Texarkana, Texas.
It designs, manufactures, and installs various types of signage
products for commercial and retail customers, with operations
spanning both Texas and Arkansas.
Double S Signs LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tex. Case No. 25-50110) on August 25,
2025. In its petition, the Debtor reports assets of approximately
$556,314 and liabilities of $1,188,090.
The Debtor is represented by The Lane Law Firm. The Debtor's
accountant is Miller & Company CPA PLLC.
DOUBLE T STEEL: Hires White Family Tax Service as Accountant
------------------------------------------------------------
Double T Steel LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Texas to employ Randy White and The
White Family Tax Service LLC as its accountants.
The firm will provide accounting and financial services, including
tax preparation and preparing projections for the Chapter 11 plan,
if and as needed.
As disclosed in the court filings, Dr. White and The White Family
Tax Service LLC are "disinterested persons" within the meaning of
Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Randy White
The White Family Tax Service LLC
23603 Forest Trail Drive
Hockley, TX 77447
Tel: (936) 766-1979
Email: randy2033@sbcglobal.net
About Double T Steel LLC
Double T Steel, LLC is a Houston-based company likely operating in
the steel industry.
Double T Steel filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34239) on July
26, 2025. In its petition, the Debtor reported estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
Judge Jeffrey P. Norman handles the case.
The Debtor is represented by Reese W. Baker, Esq., at Baker &
Associates.
DUNCAN RENTAL: Gets Extension to Access Cash Collateral
-------------------------------------------------------
Duncan Rental Company, LLC received another extension from the U.S.
Bankruptcy Court for the Middle District of Florida, Tampa
Division, to use cash collateral.
The second interim order signed by Judge Roberta Colton authorized
the Debtor to use cash collateral to pay the amounts expressly
authorized by the court; the expenses set forth in the budget, plus
an amount not to exceed 10% for each line item; and additional
amounts subject to approval by secured creditor, BankFlorida.
The Debtor projects total operational expenses of $157,135.92 for
the period from August to January.
As adequate protection for the Debtor's use of its cash collateral,
BankFlorida will be granted a replacement lien on the cash
collateral, to the same extent and with the same validity and
priority as its pre-bankruptcy lien.
In addition, the Debtor must pay $4,563 per month to BankFlorida,
starting Sept. 5.
The Debtor was also ordered to keep its property insured in
accordance with its loan agreements with BankFlorida as further
protection.
The next hearing is set for September 11.
BankFlorida is represented by:
Noel R. Boeke, Esq.
Holland & Knight, LLP
100 North Tampa Street, Suite 4100
Tampa, Florida 33602
Telephone: (813) 227-6525
noel.boeke@hklaw.com
About Duncan Rental Company LLC
Duncan Rental Company, LLC is a Florida-based equipment rental
company specializing in construction and heavy equipment.
Duncan Rental Company filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04733) on
July 11, 2025, listing between $100,000 and $500,000 in assets and
between $500,000 and $1 million in liabilities. Kathleen DiSanto,
Esq., at Bush Ross, P.A., serves as Subchapter V trustee.
Judge Roberta A. Colton handles the case.
The Debtor is represented by Buddy D. Ford, Esq. at Ford & Semach,
P.A.
EDGIO INC: Investors Continue Claims Over Inflated Sales Project
----------------------------------------------------------------
Martina Barash of Bloomberg Law reports that a federal judge has
allowed Edgio Inc. investors to move forward with a proposed
securities fraud class action alleging the company misrepresented
revenue prior to restating its financial results.
According to the report, U.S. District Judge Diane J. Humetewa
ruled Monday, August 26, 2025, that investors sufficiently claimed
the video streaming delivery provider made false or misleading
statements about its sales pipeline tied to new software
offerings.
The court also found the plaintiffs adequately alleged that three
top executives -- still named as defendants despite Edgio's
September 2024 bankruptcy filing -- acted intentionally or
recklessly in their statements regarding internal controls and the
sales pipeline, the report related.
About Edgio Inc.
Edgio Inc. (NASDAQ: EGIO) helps companies deliver online
experiences and content faster, safer, and with more control. Its
developer-friendly, globally scaled edge network, combined with our
fully integrated application and media solutions, provide a single
platform for the delivery of high-performing, secure web properties
and streaming content. Through this fully integrated platform and
end-to-end edge services, companies can deliver content quicker and
more securely, thus boosting overall revenue and business value.
Edgio Inc. and its affiliates sought Chapter 11 protection (Bankr.
D. Del. Lead Case No. 24-11985) on Sept. 9, 2024 with a deal to
sell its assets to lender Lynrock Lake Master Fund LP for a credit
bid of $110 million, absent higher and better offers.
The Hon. Karen B. Owens presides over the cases.
Edgio disclosed $379,013,042 in total assets against $368,613,842
in total liabilities as of June 30, 2024.
The Debtors tapped MILBANK LLP as general bankruptcy counsel;
RICHARDS, LAYTON & FINGER, P.A., as local counsel; TD SECURITIES
(USA) LLC (d/b/a TD COWEN) as financial restructuring advisor; and
RIVERON CONSULTING LLC as business advisor. C STREET ADVISORY GROUP
is serving as strategic communications advisor to the Debtors. OMNI
AGENT SOLUTIONS, INC., is the claims agent.
EL DORADO GAS: To Sell Winkler Property to Ridge Runner
-------------------------------------------------------
Dawn M. Ragan, the duly appointed Chapter 11 Trustee for the
bankruptcy estate of El Dorado Gas & Oil, Inc. and Hugoton
Operating Company Inc., seek permission from the U.S. Bankruptcy
Court for the Southern District of Mississippi, to sell Assets,
free and clear of all liens, claims, encumbrances, and interests.
The Trustee has evaluated the Debtors' assets, including those
certain oil and gas leases and lands located in Winkler County, TX,
owned by Hugoton and/or Bluestone (Assets).
The Trustee has determined that the Debtors do not need the Assets
for their operations and that they would better serve the Debtors'
estates if she sold them. The Trustee submits that conducting a
private sale of the Assets is prudent and in the best interest of
the Debtors' estates.
The Trustee seeks approval of a sale from the Trustee to Ridge
Runner Assetco II, LLC, or its designated assignee (Purchaser), of
the Assets in accordance with that certain Assignment, Bill of Sale
and Conveyance by and between the Trustee and the Purchaser.
The Purchaser has offered to purchase the Assets for $250,000 in
accordance with Assignment.
The Trustee submits that the Purchaser's offer for the Assets is
fair and reasonable and the best way to maximize the value of the
Assets for the benefit of the Debtors’ estates. All net proceeds
from the sale of the Assets will be held by the Trustee for the
benefit of the Debtors' estates.
The Trustee is not aware of any other party asserting any liens,
claims, encumbrances, and interests against the Assets.
The Trustee believes that the requirements of section 363(f)of the
Bankruptcy Code have been satisfied, and the Court should authorize
the Trustee to sell the Assets free and clear of all liens, claims,
encumbrances, and interests to the Purchaser.
The Trustee also asserts that a timely sale of the Assets to the
Purchaser is essential. Any delay in being able to sell the Assets
would cause preventable harm to the Debtors' estates.
About El Dorado Gas & Oil Inc.
Hugoton Operating Company, Inc. filed a voluntary Chapter 11
petition (Bankr. S.D. Miss. Case No. 23-51139) on Aug. 14, 2023. El
Dorado Gas & Oil, Inc., a company in Gulfport, Miss., filed Chapter
11 petition (Bankr. S.D. Miss. Case No. 23-51715) on Dec. 22, 2023,
with $500 million to $1 billion in assets and $50 million to $100
million in liabilities. Thomas L. Swarek, president, signed the
petition.
On Feb. 22, 2024, Bluestone Natural Resources II - South Texas, LLC
and World Aircraft, Inc. filed separate Chapter 11 petitions(Bankr.
S.D. Miss. Case Nos. 24-50223 and 24-50224).
On Jan. 12, 2024, the Court entered an order directing the
appointment of a Chapter 11 trustee for Hugoton. On Jan. 22, 2024,
the Court approved Dawn Ragan as the Chapter 11 trustee for
Hugoton.
On Jan. 31, 2024, the Court ordered the appointment of a Chapter 11
trustee for El Dorado. On Feb. 2, 2024, the Court approved Ms.
Ragan as Chapter 11 trustee for El Dorado.
No official committee of unsecured creditors has been established
in any of the Debtor cases.
Hugoton and El Dorado are both Arkansas corporations engaged in the
exploration, production, and development of crude oil and natural
gas properties. El Dorado is a lease holder and operator of oil
and
gas wells covering about 4,000 net acres in South Texas. El Dorado
also owns a substantial amount of oil field equipment and owns real
estate in multiple locations and states. Hugoton also owns oil and
gas interests and operates wells in South Texas.
Hugoton is 100% owned by El Dorado and El Dorado is 100% owned by
Thomas Swarek. Bluestone is 100% owned by Hugoton. Bluestone owns
oil and gas interests operated by the EDGO Debtors. World Aircraft
is 100% owned by EDGO. World Aircraft owns various aircraft and
equipment assets.
Judge Katharine M Samson oversees the cases.
Patrick Sheehan, Esq., at Sheehan & Ramsey, PLLC, is Debtors
Bluestone Natural Resources II-South Texas, LLC and World Aircraft,
Inc.
R. Michael Bolen, Esq., at Hood & Bolen, PLLC; and Nancy Ribaudo,
Esq., Katherine Hopkins, Esq., and Joseph Austin, Esq., at Kelly
Hart & Hallman LLP, serve as counsel to Dawn Ragan, Chapter 11
Trustee for El Dorado Gas & Oil, Inc. and Hugoton Operating
Company, Inc.
ENDO INT'L: Plan Administrator Wins Bid to Reclassify Claims
------------------------------------------------------------
The Honorable James L. Garrity, Jr. of the United States Bankruptcy
Court for the Southern District of New York sustains the Sixth
Omnibus Objection of Patrick J. Bartels to certain claims in the
Chapter 11 cases. Bartels is the Plan Administrator of the
remaining debtors of Endo International plc and its
debtor-affiliates.
The Plan Administrator is seeking the entry of an order pursuant to
sections 105(a), 502, and 558 of title 11 of the United States
Code, and rule 3007 of the Federal Rules of Bankruptcy Procedure,
reclassifying certain claims filed by the claimants listed in
Exhibit 1 to the Proposed Order as unsecured Class 4(C) Mesh Claims
under the Fourth Amended Plan.
The Reclassified Claims consist of one hundred tort claims against
the Debtor for personal injuries allegedly resulting from the use
of certain transvaginal surgical mesh Products. Almost all of the
Reclassified Claims are filed as unspecified "Priority" claims.
However, one is filed as a "Priority" claim and a claim entitled to
priority under section 503(b)(9) of the Bankruptcy Code, and two
seek priority status only under section 503(b)(9). Two of the
Section 503(b)(9) Claims assert "Secured" status. The Objection
only challenges the classification of the Reclassified Claims.
Accordingly, each Claimant will retain an unsecured claim that
incorporates the entire liability asserted by such Claimant,
subject to the Plan and/or applicable trust distribution
procedures.
The Plan Administrator submitted the declaration of Erin McKeighan
in support of the Objection. No Claimant responded to the
Objection. Holders of Allowed Class 4(C) Claims are beneficiaries
of the Mesh Claims Trust. Heather L. Barlow is the trustee for the
trust. She filed a response to the Objection and a reservation of
rights She submitted a declaration in support of her response.
The Court conducted a hearing on the Objection.
The Mesh Claims Trustee advises that she has not yet reviewed the
claims that are the subject of the Reclassification Objections to
assess whether she agrees that such claims properly should have
been classified as Class 4(C) Mesh Claims. Nonetheless, the trustee
does not oppose the relief the Plan Administrator seeks in the
Objection. Mesh Claims Trustee Response at 2. However, she reserves
her right to seek further reclassification of any such claim to
another non-priority class after completion of her review of the
claims. Her failure to oppose reclassification at this time does
not reflect her agreement that such claims properly are Class 4(C)
Mesh Claims.
The Court finds none of the Claimants asserting Priority Claims has
met their burden of demonstrating a right to priority status under
the Bankruptcy Code. The Court sustains the Plan Administrator's
objection to the classification of the Priority Claims. According
to the Court, none of the Claimants asserting Section 503(b)(9)
Claims provided support for priority treatment under section
503(b)(9). The Court sustains the objection to the classification
of the Section 503(b)(9) Claims.
At the hearing, Ms. McKeighan advised that none of the Secured
Claims include evidence that the security interest has been
perfected. Accordingly, since the Claimants did not put forth
evidence that their security interest was perfected, then their
proof of claim do not constitute prima facie evidence of the
validity of their claims. The Court sustains the objection to the
Secured Claims. At the hearing, Ms. McKeighan confirmed that none
of the Claimants hold Future Mesh Claims.
According to Judge Garrity, "Holders of Allowed Mesh Claims are
beneficiaries of the Mesh Claims Trust and shall receive a
recovery, if any, from the Mesh Claims Trust Consideration. It is
undisputed that each Claimant asserting a Reclassified Claim is
asserting a prepetition tort claim against Endo International plc
for personal injuries allegedly resulting from the use of certain
transvaginal surgical mesh Products. Those claims fall within the
scope of Class 4(C) Mesh Claims under the Plan."
Therefore, the Court reclassifies the Reclassified Claims to Class
4(C) Mesh Claims, subject to the Mesh Claims Trustee's review of
the Reclassified Claims, in accordance with the Endo Mesh Claims
Trust Agreement.
A copy of the Court's Memorandum Decision dated August 21, 2025, is
available at https://urlcurt.com/u?l=4ebRbO from PacerMonitor.com.
About Endo International PLC
Endo International plc (OTC: ENDPQ) is a generics and branded
pharmaceutical company. It develops, manufactures, and sells
branded and generic products to customers in a wide range of
medical fields, including endocrinology, orthopedics, urology,
oncology, neurology, and other specialty areas. On the Web:
http://www.endo.com/
Endo International and certain of its subsidiaries initiated
voluntary prearranged Chapter 11 proceedings (Bankr. S.D.N.Y. Lead
Case No. 22-22549) on Aug. 16, 2022.
On May 25, 2023, Operand Pharmaceuticals Holdco II Limited and
Operand Pharmaceuticals Holdco III Limited each filed a voluntary
Chapter 11 petition also in the U.S. Bankruptcy Court for the
Southern District of New York. On May 31, 2023, Operand
Pharmaceuticals II Limited and Operand Pharmaceutical III Limited
each filed a voluntary Chapter 11 petition also in the Southern
District of New York.
The Company's cases are jointly administered before the Honorable
James L. Garrity, Jr.
Endo initiated the financial restructuring process after reaching
an agreement with a group of its senior debtholders on a
transaction that would substantially reduce outstanding debt,
address remaining opioid and other litigation-related claims, and
best position Endo for the future. This would allow the Company to
advance its ongoing business transformation from a strengthened
financial position to create compelling value for its stakeholders
over the long term.
Endo's India-based entities are not part of the Chapter 11
proceedings. The Company has filed recognition proceedings in
Canada and expects to file similar proceedings in the United
Kingdom and Australia.
The Debtors tapped Skadden, Arps, Slate, Meagher & Flom, LLP as
legal counsel; PJT Partners, LP as investment banker; and Alvarez &
Marsal North America, LLC as financial advisor. Kroll Restructuring
Administration, LLC, is the claims agent and administrative
advisor. A Website dedicated to the restructuring is at
http://www.endotomorrow.com/
Roger Frankel, the legal representative for future claimants in the
Chapter 11 cases, tapped Frankel Wyron LLP and Young Conaway
Stargatt & Taylor, LLP, as legal counsels, and Ducera Partners,
LLC, as investment banker.
FLOWER APARTMENTS: Gets OK to Use Cash Collateral Until Sept. 11
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Los Angeles Division granted Flower Apartments, LLC interim
approval to use cash collateral.
The interim order authorized the Debtor to use cash collateral
through September 11 to pay the expenses set forth in the approved
budget, subject to a 10% variance.
As adequate protection for the Debtor's use of its cash collateral,
U.S. Bank National Association will receive payment of $10,000 and
a replacement lien on the Debtor's post-petition property and
debtor-in-possession bank accounts, with the same validity,
priority and extent as its pre-bankruptcy lien.
The next hearing is scheduled for September 11.
U.S. Bank is represented by:
Randye B. Soref, Esq.
Tanya Behnam, Esq.
Polsinelli, LLP
2049 Century Park East, Suite 2900
Los Angeles, CA 90067
Telephone: (310) 556-1801
Facsimile: (310) 556-1802
rsoref@polsinelli.com
tbehnam@polsinelli.com
About Flower Apartments LLC
Flower Apartments, LLC is a Los Angeles-based real estate company
that appears to own or operate an apartment property located at
1420 S. Flower Street in downtown Los Angeles.
Flower Apartments sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-15724) on July 7,
2025. In its petition, the Debtor reported estimated assets and
liabilities between $1 million and $10 million.
Judge Julia W. Brand handles the case.
The Debtor is represented by Matthew D. Resnik, Esq., at Rhm Law,
LLP.
FTX TRADING: Fenwick & West Fights New Crypto Scam MDL Claims
-------------------------------------------------------------
Ryan Boysen of Law360 reports that Fenwick & West LLP has
petitioned a Florida federal judge to throw out attempts by FTX
Trading Ltd. victims to file new claims, rejecting as an
"irresponsible falsehood" allegations that the firm knowingly
overlooked FTX's misuse of customer funds.
About FTX Trading Ltd.
FTX is the world's second-largest cryptocurrency firm. FTX is a
cryptocurrency exchange built by traders, for traders. FTX offers
innovative products including industry-first derivatives, options,
volatility products and leveraged tokens.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests.
Faced with liquidity issues, FTX on Nov. 9 struck a deal to sell
itself to its giant rival Binance, but Binance walked away from the
deal amid reports on FTX regarding mishandled customer funds and
alleged US agency investigations.
At 4:30 a.m. on Nov. 11, Bankman-Fried ultimately agreed to step
aside, and restructuring vet John J. Ray III was quickly named new
CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought Chapter 11 protection on Nov. 14, 2022.
FTX Trading and its affiliates each listed $10 billion to $50
million in assets and liabilities, making FTX the biggest
bankruptcy filer in the US this year. According to Reuters, SBF
shared a document with investors on Nov. 10 showing FTX had $13.86
billion in liabilities and $14.6 billion in assets. However, only
$900 million of those assets were liquid, leading to the cash
crunch that ended with the company filing for bankruptcy.
The Hon. John T. Dorsey is the case judge.
The Debtors tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Landis Rath & Cobb, LLP as local counsel; and Alvarez & Marsal
North America, LLC as financial advisor. Kroll is the claims agent,
maintaining the page https://cases.ra.kroll.com/FTX/Home-Index
The official committee of unsecured creditors tapped Paul Hastings
as bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP as
Delaware and conflicts counsel; FTI Consulting, Inc. as financial
advisor; and Jefferies, LLC as investment banker.
Montgomery McCracken Walker & Rhoads LLP, led by partners Gregory
T. Donilon, Edward L. Schnitzer, and David M. Banker, is
representing Sam Bankman-Fried in the Chapter 11 cases. White
collar crime specialist Mark S. Cohen has reportedly been hired to
represent SBF in litigation. Lawyers at Paul Weiss previously
represented SBF but later renounced representing the entrepreneur
due to a conflict of interest.
GENESIS HEALTHCARE: Gets $30MM DIP, Sale Process Court OK
---------------------------------------------------------
Clara Geoghegan of Law360 reports that on August 27, 2025, a Texas
bankruptcy judge granted final approval to Genesis Healthcare
Inc.'s $30 million updated debtor-in-possession financing and sale
procedures under Chapter 11, following three days of hearings and
overruling challenges raised by unsecured creditors.
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.
GENESIS HEALTHCARE: Two New Committee Members Appointed
-------------------------------------------------------
The U.S. Trustee for Region 6 appointed Paul Runice, vice president
of United Group Change Healthcare Operations, LLC, and Brian
Chambers, director of Credit and Collections, Sysco Corporation, as
additional members of the official committee of unsecured creditors
in the Chapter 11 cases of Genesis Healthcare Inc. and affiliates.
The committee is now composed of:
1. Debra F. Constantine
Individually and as Administratrix of the
Estate of Mary E. Miller
c/o Joshua H. Meyeroff, Esq.
Morris James LLP
500 Delaware, Ave. Ste. 1500
Wilmington, DE 19801
jmeyerhoff@morrisjames.com
2. Tanya Turner
Class Representative
c/o Misty M. Lauby
Lauby, Mankin & Lauby LLP
5198 Arlington Ave, PMB 5132
Riverside, CA 92504
misty@lmlfirm.com
3. Mark Adkins
Durable Power of Attorney for Juanita Spurlock
c/o Steven R. Broadwater, Jr.
Stewart Bell, PLLC
30 Capitol St.
P.O. Box 1723
Charleston, WV 25326
srbroadwater@belllaw.com
4. Ignacio Garcia
Individually and as Personal Representative of
Estate of Frances Lupasita Serna
c/o David Adams
Parnall and Adams Law, LLC
2116 Vista Oeste NW, Suite 403
Albuquerque, NM 87120
david@parnalladams.com
5. Joshua Perlin
Vice President and Chief Financial Officer
Omnicare, LLC
6285 West Galveston St. #3
Chandler, AZ 85226
joshua.perlin@omnicare.com
6. Silvana Stankus
Executive Director
New England Healthcare Employees Pension Fund
77 Huyshope Avenue, 2nd Floor
Hartford, CT 06106
sstankus@1199nefunds.org
7. Peter Nenstiel
Senior Vice President Financial Services
Healthcare Services Group, Inc.
3220 Tillman Drive, Suite 300
Bensalem, PA 19020
pnenstiel@hcgcorp.com
8. Paul Runice
Vice President of United Group
Change Healthcare Operations, LLC
Change Healthcare Technologies, LLC
9900 Bren Rd. E.
Minnetonka, MN 55343
paul_runice@uhg.com
9. Brian Chambers
Director of Credit and Collections
Sysco Corporation
1390 Enclave Parkway
Houston, TX 77077
brian.chambers@sysco.com
About Genesis Healthcare
Genesis Healthcare, Inc. (OTC Expert Market: GENN) is a holding
company with subsidiaries that, on a combined basis, comprise one
of the nation's largest post-acute care providers with nearly 200
skilled nursing centers and senior living communities in 17 states
nationwide. Genesis subsidiaries also supply rehabilitation
therapy to approximately 1,500 locations in 43 states and the
District of Columbia.
On July 9, 2025, Genesis Healthcare, Inc. and 298 of its affiliates
and subsidiaries each filed voluntary petitions in Dallas, Texas,
seeking relief under chapter 11 of the United States Bankruptcy
Code (Bankr. N.D. Tex. Lead Case No. 25-80185).
The Debtors listed at least $1 billion in assets and liabilities as
of the bankruptcy filing. As of the Petition Date, the Debtors had
secured debt of $708.5 million and unsecured obligations totaling
$1.568 billion.
The Debtors tapped McDermott Will & Emery LLP as bankruptcy
counsel, and Jefferies, LLC, as investment banker. Ankura
Consulting Group, LLC, provides the services of senior managing
directors Russell A. Perry and Louis E. Robichaux IV as CRO of the
Debtors. Epiq Corporate Restructuring, LLC, is the claims agent.
The U.S. Trustee for Region 6 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
Counsel to Welltower:
John T. Cox III, Esq.
Gibson, Dunn & Crutcher LLP
2001 Ross Avenue, Suite 2100
Dallas, TX 75201
tcox@gibsondunn.com
- and -
Jeffrey C. Krause, Esq.
Michael G. Farag, Esq.
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071
jkrause@gibsondunn.com
mfarag@gibsondunn.com
Counsel to Omega:
Robert J. Lemons, Esq.
Goodwin Proctor LLP
The New York Times Building
620 Eighth Avenue
New York, NY 10018
rlemons@goodwinlaw.com
- and -
Leighton Aiken, Esq.
Ferguson Braswell Fraser Kubasta PC
2500 Dallas Parkway, Suite 600
Plano, TX 75093
laiken@fbfk.law
Counsel to the Debtors' Prepetition ABL Secured Parties:
Kenneth J. Ottaviano, Esq.
Blank Rome LLP
444 West Lake Street, Suite 1650
Chicago, IL 60606
ken.ottaviano@blankrome.com
Counsel to the Debtors' DIP Lenders:
James Muenker, Esq.
DLA Piper LLP
1900 N. Pearl St., Suite 2200
Dallas, TX 75201
james.muenker@us.dlapiper.com
GPD COMPANIES: S&P Withdraws 'CCC+' Issuer Credit Rating
--------------------------------------------------------
S&P Global Ratings withdrew its ratings on global plastics
distributor and service provider GPD Companies Parent Inc. at the
company's request. S&P's issuer credit rating was 'CCC+' and the
outlook was positive at the time of withdrawal.
HAPPY HOME: Lender Seeks to Prohibit Cash Collateral Access
-----------------------------------------------------------
U.S. Bank Trust National Association, not in its individual
capacity but solely as Trustee for Greene Street Funding Trust II,
through its loan servicer RF Mortgage Services Corporation asks the
U.S. Bankruptcy Court for the Western District of Texas, San
Antonio Division, to prohibit Happy Home Builder, LLC from using
cash collateral and requiring the Debtor to begin making adequate
protection payments.
The cash collateral includes rental income generated by the real
property located at 1416 Hidden Drive, Canyon Lake, Texas.
The creditor alleges that the Debtor executed a promissory note
secured by a deed of trust that includes assignment of rents and
other provisions giving the creditor a security interest in both
the property and any income derived from it. RF Mortgage Services
Corporation services the loan. According to the creditor, the
Debtor has failed to make required payments, defaulted on the
mortgage, and continues to use dental income without authorization,
violating provisions of the U.S. Bankruptcy Code.
The Debtor has not filed the necessary motion to use cash
collateral and has also failed to submit key documents required in
a Chapter 11 case, such as complete schedules, a plan of
reorganization, and operating reports.
The creditor further contends that it is being harmed by the
Debtor's unauthorized use of income while the loan remains in
default. Therefore, it requests that the court issue an order
prohibiting further use of any cash collateral by the Debtor for
any purpose, including for personal expenses of the Debtor's
principals or insiders.
Additionally, the creditor seeks a court order requiring the Debtor
to: provide an accounting of all income generated from the property
since the petition date; commence monthly adequate protection
payments in an amount equal to the contractual loan payments
(including taxes and insurance escrow); produce copies of all
rental or lease agreements; and segregate all property-generated
income in a debtor-in-possession account.
A copy of the motion is available at https://urlcurt.com/u?l=7kn4ns
from PacerMonitor.com.
About Happy Home Builder LLC
Happy Home Builder, LLC operates as Stay at Canyon Lake, offering
event hosting services for graduations, special occasions,
corporate retreats, conferences, workshops, reunions, weddings,
retirements, family gatherings, and team-building events. The venue
is pet-friendly and accommodates up to 100 guests. Located in the
Texas Hill Country, Canyon Lake provides a scenic setting for
outdoor activities and a diverse dining scene featuring Italian and
American cuisine. The area also hosts a variety of community
events, making it a popular destination for both recreation and
celebrations.
Happy Home Builder sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. W.D. Texas Case No. 25-51268)
on June 2, 2025. In its petition, the Debtor reported between $1
million and $10 million in assets and liabilities.
Honorable Bankruptcy Judge Craig A. Gargotta handles the case.
The Debtor is represented by Paul Steven Hacker, Esq., at Hacker
Law Firm, PLLC.
RF Mortgage Services Corporation, as loan servicer, is represented
by:
Mary Compary, Esq.
De Cubas & Lewis, P.A.
P.O. Box 5026
Fort Lauderdale, FL 33310
Telephone: (954) 453-0365/1-800-441-2438
Facsimile: (954)771-6052
Email: nicki.compary@decubaslewis.com
HIELO DEL CIELO: Areya Holder Aurzada Named Subchapter V Trustee
----------------------------------------------------------------
The U.S. Trustee for Region 6 appointed Areya Holder Aurzada, Esq.,
at Holder Law as Subchapter V trustee for Hielo del Cielo, LLC.
Ms. Aurzada will be paid an hourly fee of $575 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Aurzada declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Areya Holder Aurzada, Esq.
Holder Law
901 Main Street, Ste. 5320
Dallas, TX 75202
Office: 972-438-8800
Mobile: 817-907-4140
About Hielo del Cielo
Hielo del Cielo, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Case No. 25-43082) on August 20,
2025, with $100,001 to $500,000 in assets and $500,001 to $1
million in liabilities.
Judge Mark X. Mullin presides over the case.
Robert Thomas DeMarco, Esq. represents the Debtor as legal counsel.
HUNTINGTON BANK 2025-2: Moody's Assigns B3 Rating to Class D Notes
------------------------------------------------------------------
Moody's Ratings has assigned definitive ratings to the Huntington
Bank Auto Credit-Linked Notes, Series 2025-2 (HACLN 2025-2) notes
issued by The Huntington National Bank (HNB, senior unsecured A3).
The credit-linked notes reference a pool of fixed rate auto
installment contracts with prime-quality borrowers originated and
serviced by HNB. HACLN 2025-2 is the fourth credit linked notes
transaction issued by HNB to transfer credit risk to noteholders
through a hypothetical financial guaranty on a reference pool of
auto loans originated and serviced by HNB.
The complete rating actions are as follows:
Issuer: Huntington Bank Auto Credit-Linked Notes, Series 2025-2
Class B-1 Notes, Definitive Rating Assigned A3 (sf)
Class B-2 Notes, Definitive Rating Assigned A3 (sf)
Class C Notes, Definitive Rating Assigned Ba3 (sf)
Class D Notes, Definitive Rating Assigned B3 (sf)
RATINGS RATIONALE
The notes are floating-rate, with the exception of the Class B-1
notes which are fixed-rate. Unlike principal payment, interest
payment to the notes is not dependent on the performance of the
reference pool. This deal is unique in that the source of payments
for the notes will be HNB's own funds, and not the collections on
the loans or note proceeds held in a segregated trust account.
Thus, the notes are unsecured obligations of HNB and Moody's capped
the ratings of the notes at HNB's senior unsecured rating (A3
stable).
The credit risk exposure of the notes depends on the actual
realized losses incurred by the reference pool. This transaction
has a pro-rata structure, which is more beneficial to the
subordinate bondholders than the typical sequential-pay structure
seen in US auto loan securitizations.
The ratings are based on the quality of the underlying collateral
and its expected performance, the strength of the capital
structure, the experience of HNB as the servicer, and the
creditworthiness of HNB as reflected in its credit rating.
Moody's median cumulative net loss expectation for the 2025-2
reference pool is 0.65% and the loss at a Aaa stress is 5.00%.
Moody's based Moody's cumulative net loss expectation on an
analysis of the credit quality of the underlying collateral; the
historical performance of similar collateral, including
securitization performance and managed portfolio performance; the
ability of HNB to perform the servicing functions; and current
expectations for the macroeconomic environment during the life of
the transaction.
At closing, the Class B-1 notes, Class B-2 notes, Class C notes,
and Class D notes are expected to benefit from 2.50%, 2.50%, 2.05%,
and 1.20% of hard credit enhancement, respectively. Hard credit
enhancement for the notes consists of subordination.
PRINCIPAL METHODOLOGY
The principal methodology used in these ratings was "Moody's Global
Approach to Rating Auto Loan- and Lease-Backed ABS" published in
June 2025.
Factors that would lead to an upgrade or downgrade of the ratings:
Up
Moody's could upgrade the Class B-1, Class B-2, Class C, and Class
D notes if levels of credit enhancement are higher than necessary
to protect investors against current expectations of portfolio
losses. Losses could decline from Moody's original expectations as
a result of a lower number of obligor defaults or appreciation in
the value of the vehicles securing an obligor's promise of payment.
Portfolio losses also depend greatly on the US job market and the
market for used vehicles. Other reasons for better-than-expected
performance include changes to servicing practices that enhance
collections or refinancing opportunities that result in
prepayments. Moody's could also upgrade the Class B-1 and B-2
notes if HNB's senior unsecured rating is upgraded.
Down
Moody's could downgrade the notes if given current expectations of
portfolio losses, levels of credit enhancement are consistent with
lower ratings. Credit enhancement could decline if realized losses
reduce available subordination. Moody's expectations of pool losses
could rise as a result of a higher number of obligor defaults or
deterioration in the value of the vehicles securing an obligor's
promise of payment. Portfolio losses also depend greatly on the US
job market, the market for used vehicles, and poor servicing. Other
reasons for worse-than-expected performance include error on the
part of transaction parties, inadequate transaction governance, and
fraud. Moody's could also downgrade the notes if HNB's senior
unsecured rating is downgraded.
ILLUMINATE PROPERTIES: Taps eXp Realty of California as Broker
--------------------------------------------------------------
Illuminate Properties & Investments Capital Group seeks approval
from the U.S. Bankruptcy Court for the Northern District of
California to hire Sunny Wong and eXp Realty of California, Inc. as
broker.
The firm will assist the Debtor in selling its property located at
725 East 21st Street, Oakland, California 94606.
The firm will receive a commission equal to 4 percent of sales
price.
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:
Sunny Wong
Exp Realty of California, Inc.
2603 Camino Ramon Suite 200
San Ramon, CA 94583
Phone: (888) 584-9427
About Illuminate Properties & Investments Capital Group
Illuminate Properties & Investments Capital Group leases real
estate assets, including buildings, dwellings, and other types of
properties.
Illuminate Properties & Investments Capital Group sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Cal. Case
No. 25-41103) on June 23, 2025. In its petition, the Debtor reports
estimated assets between $1 million and $10 million and estimated
liabilities between $500,000 and $1 million.
The Debtor is represented by Lewis Phon, Esq. at LAW OFFICE OF
LEWIS PHON.
IMPERIAL MANUFACTURING: Seeks Chapter 11 Bankruptcy in Illinois
---------------------------------------------------------------
On August 25, 2025, Imperial Manufacturing LLC filed Chapter 11
protection in the Northern District of Illinois. According to
court filing, the Debtor reports up to $50,000 in debt owed to 1
and 49 creditors. The petition states funds will be available to
unsecured creditors.
About Imperial Manufacturing LLC
Imperial Manufacturing LLC is a single-asset real estate debtor, as
defined under 11 U.S.C. Section 101(51B), with its principal
operations and assets concentrated in its real estate holdings.
Imperial Manufacturing LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-13070) on August
25, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities up to
$50,000.
Honorable Bankruptcy Judge Michael B. Slade handles the case.
The Debtor is represented by Gregory K. Stern, Esq. at GREGORY K.
STERN, P.C.
JACKSONVILLE MOVING: Seeks Subchapter V Bankruptcy in Florida
-------------------------------------------------------------
On August 26, 2025, Jacksonville Moving, Inc. sought Chapter 11
protection in the Middle District of Florida, electing to proceed
under Subchapter V as a small business debtor. The company
disclosed assets estimated between $500,000 and $1 million and
liabilities between $1 million and $10 million.
According to the petition, the debtor has 1–49 creditors and
anticipates distributions will be available for unsecured creditors
after administrative expenses.
About Jacksonville Moving Inc.
Jacksonville Moving Inc., doing business as College Hunks Hauling
Junk & Moving, provides professional moving services and junk
removal solutions in the Duval County area.
Jacksonville Moving Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-02952) on August 26, 2025. In its petition, the Debtor reports
estimated assets between $500,000 and $1 million and estimated
liabilities between $1 million and $10 million.
The Debtor is represented by David Jennis, PA.
JAF LTD: Seeks Subchapter V Bankruptcy in Illinois
--------------------------------------------------
JAF Ltd., a small Chicago corporation, has entered Chapter 11
bankruptcy under Subchapter V in the Northern District of Illinois.
The company disclosed less than $50,000 in assets and debts of
$100,001 to $500,000. With fewer than 50 creditors, AF, Ltd. stated
that unsecured creditors are unlikely to recover funds after
administrative expenses.
About JAF Ltd.
JAF Ltd. is a small Illinois corporation with locations in
Chicago.
JAF Ltd. sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-13020) on August 1,
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 Timothy A. Barnes handles the case.
The Debtor is represented by E. Philip Groben, III, Esq. of
Gensburg Calandriello & Kanter, P.C.
JMC UNIT 1: Seeks to Hire Agentis PLLC as Bankruptcy Counsel
------------------------------------------------------------
JMC Unit 1, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Florida to hire Agentis PLLC as bankruptcy
counsel.
The firm will provide these services:
a. advise the Debtor with respect to its powers and duties as
debtor-in possession and the continued management of his affairs;
b. advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the Court;
c. prepare motions, pleadings, orders, applications, adversary
proceedings, and other legal documents necessary in the
administration of the case;
d. protect the interests of the Debtor and the estate in all
matters pending before the Court; and
e. represent the Debtor in negotiations with creditors in the
preparation of a plan.
The firm will be paid at these rates:
Attorneys $380 to $710 per hour
Paralegals $130 to $255 per hour
The firm will be paid a retainer of $25,000, plus $1,738 filing
fee.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Jacqueline Calderin, Esq., founding partner of Agentis 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:
Jacqueline Calderin, Esq.
Agentis PLLC
45 Almeria Avenue
Coral Gables, FL 33134
Tel: (305) 722-2002
E-mail: jc@agentislaw.com
About JMC Unit 1 LLC
JMC Unit 1, LLC, doing business as WaveMAX Hialeah, operates a
full-service laundromat in Hialeah, Florida, providing self-service
laundry, wash-dry-fold, dry cleaning, and scheduled pickup and
delivery services. The Company also offers commercial laundry
solutions to businesses including colleges, health clubs, medical
offices, country clubs, Airbnb rentals, and salons. Its operations
emphasize modern equipment, customer convenience, and rapid
turnaround.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-19413) on August 14,
2025. In the petition signed by John Cooper, president and
authorized representative, the Debtor disclosed up to $1 million in
assets and up to $10 million in liabilities.
Jacqueline Calderin, Esq., at AGENTIS PLLC, represents the Debtor
as legal counsel.
JT MASONRY: Seeks Chapter 11 Bankruptcy in New York
---------------------------------------------------
On August 25, 2025, JT Masonry & Landscaping Inc. filed Chapter
11 protection in the Eastern District of New York. According to
court filing, the Debtor reports $3,721,370 in debt owed to 1 and
49 creditors. The petition states funds will be available to
unsecured creditors.
About JT Masonry & Landscaping Inc.
JT Masonry & Landscaping Inc. provides masonry and landscaping
services for residential and commercial clients, operating
primarily in Levittown, New York, and across Long Island. The
Company offers services including stone and brick masonry, concrete
work, patios, walkways, retaining walls, outdoor kitchens, pool
installations, and landscape design.
JT Masonry & Landscaping Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-73235 on August
25, 2025. In its petition, the Debtor reports total assets of
$1,323,311 and total liabilities of $3,721,370.
Honorable Bankruptcy Judge Alan S. Trust handles the case.
The Debtor is represented by Heath S. Berger, Esq. at BFSNG LAW
GROUP, LLP.
KESKIN INC: Seeks Chapter 11 Bankruptcy in Maryland
---------------------------------------------------
On August 22, 2025, Keskin Inc. filed Chapter 11 protection in
the District of Maryland. According to court filing, the Debtor
reports between $50,000 and $100,000 in debt owed to 1 and 49
creditors. The petition states funds will not be available to
unsecured creditors.
About Keskin Inc.
Keskin Inc., operating as RM Grill (https://www.rmgrill.com/), a
restaurant business located in Columbia, Maryland.
Keskin Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Md. Case No. 25-17696) on August 1, 2025. In its
petition, the Debtor reports estimated assets up to $50,000 and
estimated liabilities between $50,000 and $100,000.
The Debtor is represented by Michael Patrick Coyle, Esq. at The
Coyle Law Group LLC.
KITCHEN AND BATH: Seeks Chapter 11 Bankruptcy in Texas
------------------------------------------------------
Kitchen and Bath Design Center, Inc., a Texas company operating as
The Design Center, has sought Chapter 11 bankruptcy protection in
the Eastern District of Texas on August 26, 2025. In its petition,
the Frisco-based kitchen and bathroom retailer disclosed assets
valued between $100,001 and $500,000, with liabilities ranging from
$500,001 to $1 million.
The debtor designated itself as a small business under the
Bankruptcy Code and stated that no funds will remain for
distribution to unsecured creditors after payment of administrative
costs.
About Kitchen and Bath Design Center Inc.
Kitchen and Bath Design Center Inc., operating as The Design
Center, a Texas-based kitchen and bathroom design retailer. The
company specializes in custom kitchen and bathroom design services,
cabinetry, fixtures, and related home improvement products.
Kitchen and Bath Design Center Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D. Tex. Case No. 25-42476) on
August 26, 2025. In its petition, the Debtor reports estimated
assets between $100,000 and $500,000 and estimated liabilities
between $500,000 and $1 million.
The Debtor is represented by Cantey Hanger, LLP.
L & D CAFE: Tarek Kiem of Kiem Law Named Subchapter V Trustee
-------------------------------------------------------------
The Acting U.S. Trustee for Region 21 appointed Tarek Kiem, Esq.,
at Kiem Law, PLLC as Subchapter V trustee for L & D Cafe, Inc.
Mr. Kiem will be paid an hourly fee of $350 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Kiem declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Tarek Kiem, Esq.
Kiem Law, PLLC
8461 Lake Worth Road, Suite 114
Lake Worth, FL 33467
Tel: (561) 600-0406
tarek@kiemlaw.com
About L & D Café
L & D Cafe, Inc., doing business as Marian's Bagels, operates a
cafe and bakery in Plantation, Florida, specializing in bagels,
sandwiches, and related food and beverage items. The Company
serves local customers in the South Florida area, providing dine-in
and takeout options.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-19748) on August 22,
2025, with $0 to $50,000 in assets and $1 million to $10 million in
liabilities. Constantine N. Manos, president, signed the petition.
Judge Peter D. Russin presides over the case.
Chad P. Pugatch, Esq., at Lorium Law represents the Debtor as
bankruptcy counsel.
LCC INC: Seeks to Hire Wadsworth Garber Warner as Counsel
---------------------------------------------------------
L.C.C. Inc. filed an amended application seeking approval from the
U.S. Bankruptcy Court for the District of Colorado to employ
Wadsworth Garber Warner Conrardy, P.C. as bankruptcy counsel.
The firm's services include:
(a) prepare all necessary legal papers in this Chapter 11
case;
(b) perform all legal services for the Debtor which may become
necessary; and
(c) represent the Debtor in any litigation which it determines
is in the best interest of the estate, whether in state or federal
court(s).
The firm will be paid at these rates:
David Wadsworth, Attorney $500 per hour
Aaron Garber, Attorney $500 per hour
David Warner, Attorney $425 per hour
Aaron Conrardy, Attorney $425 per hour
Hallie S. Cooper, Attorney $225 per hour
Paralegals $125 per hour
The firm received from the Debtor a retainer of $32,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Wadsworth 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:
Aaron A. Garber, Esq.
Wadsworth Garber Warner Conrardy, P.C.
2580 West Main Street, Suite 200
Littleton, CO 80120
Tel: (303) 296-1999
Fax: (303) 296-7600
Email: agarber@wgwc-law.com
About LCC Inc.
LCC Inc. specializes in selling and servicing commercial, off-road,
light truck, and passenger tires.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Colo. Case No. 25-15137) on October 15,
2025. In the petition signed by Luis Carlos Chavez, president, the
Debtor disclosed up to $10 million in both assets and liabilities.
Judge Michael E. Romero oversees the case.
Aaron A. Garber, Esq., at Wadsworth Garber Warner Conrardy, P.C.,
represents the Debtor as legal counsel.
M & H WILLIAMS: Seeks Subchapter V Bankruptcy in Kentucky
---------------------------------------------------------
On August 18, 2025, M & H Williams LLC filed Chapter 11 protection
in the Western District of Kentucky. According to court filing,
the Debtor reports between $500,000 and $1 million in debt owed to
1 and 49 creditors. The petition states funds will be available to
unsecured creditors.
About M & H Williams LLC
M & H Williams LLC is a construction services company based in
Bowling Green, Kentucky.
M & H Williams LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. W.D. Ky. Case No. 25-10689) on
August 18, 2025. In its petition, the Debtor reports estimated
assets up to $50,000 and estimated liabilities between $500,000 and
$1 million.
The Debtor is represented by Scott A. Bachert, Esq. at Kerrick
Bachert Psc.
MAKO FORESTRY: Seeks to Hire Knight CPA LLC as Accountant
---------------------------------------------------------
Mako Forestry Corporation seeks approval from the U.S. Bankruptcy
Court for the Southern District of Alabama to hire John M. Knight
Jr., CPA and Knight CPA, LLC as accountant.
The firm's services include:
a. reconciling the Client's primary checking account, and
record and categorize all financial transactions in the Client's
accounting software, ensuring they are properly classified in
accordance with generally accepted accounting principles and the
Client's chart of accounts;
b. assisting with monthly operating reports;
c. preparing budgets as required for operation planning; and
d. preparing a five-year financial projection.
The firm's hourly rates range between $110 and $220.
Mr. Knight, principal at Knight CPA, LLC, assured the court that
the firm is a "disinterested person" as the term is defined in 11
U.S.C. 101(14).
The firm can be reached through:
John M. Knight, Jr, CPA, CGMA
Knight CPA, LLC
P.O. Box 915
1544 W 2nd Street, STE 103
Gulf Shores, AL 36547
Telephone: (251) 923-0200
Facsimile: (251) 923-0233
About Mako Forestry Corporation
Mako Forestry Corporation is a forestry company based in Gulf
Shores, Alabama. It provides timber management, harvesting, or
related forestry services in the region.
Mako Forestry Corporation sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ala. Case No. 25-11769) on July
7, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtors are represented by Alexandra K. Garrett, Esq., at
Silver Voit Garrett & Watkins.
MANNA MADISON: Files Second Chapter 11 Bankruptcy
-------------------------------------------------
On August 22, 2025, Manna Madison Avenue LLC filed Chapter 11
protection in the Southern District of New York. According to
court filing, the Debtor reports between $500,000 and $1 million
in debt owed to 1 and 49 creditors. The petition states funds will
be available to unsecured creditors.
This is the company's second bankruptcy filing in as many years,
following a prior case in June 2023. Key creditors include Carolyn
Rusin, with $274,000 in trade debt, and the U.S. Small Business
Administration.
About Manna Madison Avenue LLC
Manna Madison Avenue LLC, operating as Gina La Fornarina, an
Italian restaurant located in New York City.
Manna Madison Avenue LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11839) on August 22,
2025. In its petition, the Debtor reports estimated assets between
$50,000 and $100,000 and estimated liabilities between $500,000 and
$1 million.
Honorable Bankruptcy Judge John P. Mastando III handles the case.
The Debtor is represented by Brian J. Hufnagel, Esq. at Morrison
Tenenbaum PLLC.
MCMILLAN LOGGING: Seeks Chapter 11 Bankruptcy in Florida
--------------------------------------------------------
On August 25, 2025, McMillan Logging Inc. filed Chapter 11
protection in the Northern District of Florida. According to court
filing, the Debtor reports estimated assets between $500,000 and
$1 million and 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 McMillan Logging Inc.
McMillan Logging Inc. is a Florida-based logging contractor that
engages in timber harvesting and related hauling services.
McMillan Logging Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Fla. Case No. 25-40405) on August 25,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Byron W. Wright III, Esq. and Robert
C. Bruner, Esq. at BRUNER WRIGHT, P.A.
MCPHILLIPS FLYING: Gets Court OK to Use Cash Collateral
-------------------------------------------------------
McPhillips Flying Services, Inc. received approval from the U.S.
Bankruptcy Court for the Western District of Michigan to use cash
collateral.
The court order authorized the Debtor to access the cash collateral
of its secured creditors, including Charlevoix State Bank and the
U.S. Small Business Administration, which have granted limited
consent for the Debtor to utilize such collateral for ordinary
operating expenses in accordance with the supplemental budget filed
om July 22.
As adequate protection, the Debtor granted the secured creditors
replacement liens on and security interests in assets it acquired
after its Chapter 11 filing.
In addition, the Debtor will make monthly payments of $14,733.93
and $4,737 to Charlevoix State Bank and SBA, respectively.
Events of default include (i) entry of an order dismissing or
converting the Debtor's Chapter 11 case to a proceeding under
Chapter 7, appointing a trustee (other than the Subchapter V
trustee) and an examiner, and terminating the authority of Debtor
to conduct business; (ii) the Debtor's misrepresentation of any
information contained in the reports provided to the U.S. trustee
or secured creditors; (iii) violation by the Debtor of any
covenants set forth in the court order; (iv) the Debtor's failure
to file a plan of reorganization within 90 days of the petition
date; or the Debtor's failure to pay its post-petition liabilities
in full when they are due.
A copy of the order is available at https://is.gd/6zIUhS
About McPhillips Flying Service Inc.
McPhillips Flying Service Inc., doing business as Welke Aviation
and operating as Island Airways, provides regional air
transportation services. Based in Charlevoix, Michigan, the Company
offers passenger and cargo flights connecting mainland Michigan to
Beaver Island and surrounding areas.
McPhillips Flying Service Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. W.D. Mich. Case No. 25-02011) on
July 15, 2025. In its petition, the Debtor reports total assets of
$2,335,506 and total liabilities of $2,483,706.
Honorable Bankruptcy Judge James W. Boyd handles the case.
The Debtor is represented by A. Todd Almassian, Esq., at Keller &
Almassian, PLC.
MEG ENERGY: Moody's Puts 'Ba3' CFR Under Review for Upgrade
-----------------------------------------------------------
Moody's Ratings placed MEG Energy Corp.'s (MEG) ratings under
review for upgrade, including the Ba3 corporate family rating,
Ba3-PD probability of default rating and B1 senior unsecured notes
rating. The SGL-1 speculative grade liquidity rating (SGL) remains
unchanged. Previously, the outlook was stable.
The review follows the August 22, 2025 announcement that Cenovus
Energy Inc. (Cenovus) has entered into a plan of arrangement to
acquire all of MEG Energy Corp.'s (MEG) shares in a transaction
valued at C$7.9 billion consisting of a cash consideration totaling
C$5.2 billion, C$1.7 billion of Cenovus equity, and MEG's net debt.
Closure of the transaction is subject to MEG shareholder approval
and is expected to close Q4-25.
RATINGS RATIONALE / FACTORS THAT COULD LEAD TO AN UPGRADE OR
DOWNGRADE OF THE RATINGS
"The review for upgrade reflects MEG's integration into a larger,
better capitalized operator with strong asset diversification,"
said Whitney Leavens, Moody's Ratings analyst.
The review will conclude once the transaction has closed and there
is clarity on the potential implications for MEG's debt, whether it
will be repaid, assumed or guaranteed by Cenovus or remain MEG's
obligation.
MEG Energy Corp. (MEG) is a publicly-listed Calgary, Alberta based
steam-assisted-gravity-drainage (SAGD) oil sands developer and
operator. at the Christina Lake project in the Athabasca Oil Sands
region in Northern Alberta.
The principal methodology used in these ratings was Independent
Exploration and Production published in December 2022.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
MERIT STREET: Sanctions Sought in Media Unit Bankruptcy Case
------------------------------------------------------------
James Nani of Bloomberg Law reports that Professional Bull Riders
LLC and Trinity Broadcasting of Texas Inc. have asked a Texas
bankruptcy judge to sanction Dr. Phil McGraw's Peteski Productions
Inc., accusing it of defying court orders by withholding emails and
texts from McGraw and his sons.
The creditors, involved in the Merit Street Media Inc. bankruptcy,
contend Peteski deliberately obstructed discovery despite its role
as both lender and equity holder in the venture.
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.
MILAN BABY: Hires Kings Homes & Associates as Business Broker
-------------------------------------------------------------
Milan Baby, Inc. seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to employ Kings Homes &
Associates, Inc., as business broker.
The firm will market and sell the Debtor's liquor store, and its
contents, known as, and located at 343 Rockaway Turnpike, Lawrence,
New York.
For its broker services, Kings seeks a broker commission in the
amount of three percent of the gross selling price of the Business,
Store and 343 Lease.
Amrik Singh, owner of Kings Homes & 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:
Amrich Singh
Kings Homes & Associates, Inc.
Bellerose, NY 11426
Phone: (917) 681-8297
Email: info@kingshomesforsale.com
About Milan Baby, Inc.
Milan Baby, Inc. sought protection for relief under Chapter 11 of
the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-70605) on February
14, 2025.
Judge Alan S Trust presides over the case.
Joseph S Maniscalco, Esq. at Lamonica Herbst Maniscalco represents
the Debtor as counsel.
MILLENKAMP CATTLE: Court Likely to Grant EVD's Reconsideration Bid
------------------------------------------------------------------
Chief Judge Noah G. Hillen of the United States Bankruptcy Court
for the District of Idaho ruled on Millenkamp Cattle, Inc.'s motion
for reconsideration filed by defendant East Valley Development, LLC
in the adversary proceeding captioned as MILLENKAMP CATTLE, INC and
EAST VALLEY CATTLE, LLC Plaintiffs, v. EAST VALLEY DEVELOPMENT,
LLC, Defendant, Adv. No. 25-8003-NGH (Bankr. D. Idaho).
Prepetition, Debtors entered into two agreements with EVD, under
which EVD was permitted to construct and operate a biogas
production facility at Debtors' dairy. The Contracts included
mandatory arbitration clauses for dispute resolution. Thereafter,
the parties had numerous disagreements, which came to a head in
late January when Debtors filed a demand for arbitration against
EVD for breaching the Contracts. Debtors later withdrew that demand
and filed this adversary proceeding asserting similar claims. EVD
filed a motion to compel arbitration, seeking to assert
counterclaims against Debtors for Debtors' alleged breach. In
short, both parties maintained that the other breached the
Contracts.
After an evidentiary hearing, the Bankruptcy Court entered the
Order denying EVD's motion to compel arbitration. In doing so, the
Bankruptcy Court acknowledged the strong federal policy favoring
arbitration but determined that arbitration of the parties' dispute
would conflict with underlying purposes of the Bankruptcy Code. As
a practical matter, there was significant overlap between the
issues the Bankruptcy Court needed to decide in connection with
confirmation of Debtors' plan, which proposed to assume the
Contracts pursuant to Sec. 365, and the issues EVD sought to have
decided by the arbitrator. The Bankruptcy Court concluded a
potential adverse impact existed on the plan confirmation process,
which is a core proceeding pursuant to 28 U.S.C. Sec. 157(b)(2)(L),
as granting EVD's motion to compel would result in inefficient
delay, duplicate proceedings, or collateral estoppel effect.
Additionally, given that confirmation of a chapter 11 plan
implicates the interests of all parties to the bankruptcy case, the
Bankruptcy Court declined to outsource adjudication of issues
involving Sec. 365 to a venue where other parties could not
participate. EVD filed a notice of appeal to the District Court and
a motion for leave to appeal the Order.
While the confirmation hearing was underway, Debtors successfully
negotiated a consensual chapter 11 plan with all stakeholders,
including EVD. Notably, the parties agreed that instead of paying
through the plan any damages resulting from a breach of the
Contracts, any damages EVD was entitled to recover as a result of
Debtors' default would be treated as an offset against and up to
the amount EVD may owe to Debtors. Given this agreement, it became
unnecessary to determine EVD's damages, if any, in the context of
confirmation. The Bankruptcy Court conducted an evidentiary hearing
and found the Debtors were in default under the Contracts, but that
the requirements of Sec. 365(b) were satisfied, permitting Debtors
to assume the Contracts.
The Bankruptcy Court issued its ruling on confirmation of the plan
and approved assumption of the Contracts subject to the parties'
agreement concerning the treatment of EVD's damages.
Now that Debtors' plan has been confirmed, EVD asks the Bankruptcy
Court to reconsider and modify its Order to allow for arbitration
of the remaining claims, dismiss Debtors' complaint with prejudice,
and close the adversary proceeding.
As a preliminary matter, Debtors argue the Bankruptcy Court lacks
authority to grant the Motion because EVD appealed the Order. The
Bankruptcy Court agrees.
In this case, granting the Motion would clearly alter the Order,
yet EVD seeks relief in the Bankruptcy Court rather than moving to
dismiss the pending appeal or for other relief in the District
Court.
Even though the Bankruptcy Court lacks authority to grant the
Motion, it issues this indicative ruling pursuant to Rule 8008(a).
In addition to the Bankruptcy Court's inherent powers, EVD cites
Civil Rule 60(b), made applicable to this proceeding by Rule 9024,
as grounds for relief.
EVD asserts all issues pertinent to confirmation have been
resolved, and the only matters that remain are non-core,
non-bankruptcy issues, namely the determination of:
(i) EVD's counterclaim damages, and
(ii) Debtors' damages (if any) in connection with Debtors' claims
against EVD.
Therefore, the impetus for overriding the federal policy in favor
of arbitration no longer exists and reconsideration is warranted.
EVD asserts that applying the Order prospectively is no longer
equitable. According to the Bankruptcy Court, relief under (b)(5)
applies only to those judgments that have prospective application.
The Order falls within the ambit of (b)(5) because it has the
prospective force of continuing to deny EVD's ability to submit the
remaining issues to arbitration and requiring the parties to
litigate them before the Bankruptcy Court instead.
EVD asserts significant changed conditions warrant modification of
the Order -- the Debtors' plan has been confirmed, all core
bankruptcy issues have been resolved, and there is no identifiable
conflict with any purpose of the Code in enforcing the arbitration
agreement going forward. Debtors disagree. Debtors argue the
remaining issues are intertwined with a core proceeding -- the
implementation of Debtors' confirmed plan -- and it would conflict
with underlying purposes of the Code to enforce the arbitration
agreement. Debtors point to the plan provision that provides the
Bankruptcy Court retains jurisdiction as is necessary to ensure
that the plan's purpose and intent are carried out and argue it
would be inefficient and wasteful for the parties to resolve the
remaining matters through arbitration. Therefore, according to
Debtors, the fundamental circumstances underlying the Bankruptcy
Court's entry of the Order are unchanged.
The treatment of EVD's claim against Debtors, if any, is
comprehensively provided for in the confirmed plan and damages are
limited to offset. Stated differently, the remaining issues are
incidental to assumption of the Contracts under Sec. 365 and, as
such, resolution of those issues does not bear on implementation of
the plan or implicate the interests of other parties to the
bankruptcy case. Furthermore, there is no risk of collateral
estoppel, and while Debtors' assertion that arbitration will result
in duplicative proceedings and waste is a legitimate concern, it is
not substantial enough to override the federal policy favoring
arbitration under these circumstances.
As to why continued application of the Order would be detrimental
to the public interest, EVD points to the federal policy favoring
enforcement of valid arbitration agreements and the enforcement of
contracts. Debtors assert there is no public interest at stake but
only EVD's private interest, which is insufficient to warrant
modification of the Order. EVD's private interests aside, not
allowing arbitration to proceed given the changed conditions would
be detrimental to the public interest in enforcing contracts and
valid arbitration agreements. At this juncture, it is no longer
necessary to override the parties' agreement to arbitrate, and the
Bankruptcy Court is inclined to modify the Order under (b)(5).
EVD also cites Civil Rule 60(b)(6) as grounds for relief from the
Order. As grounds for relief under (b)(6), EVD again cites changed
conditions and the inequity of applying the Order prospectively.
These circumstances fall within (b)(5) and, therefore, the
Bankruptcy Court is not inclined to grant relief under (b)(6).
The Bankruptcy Court respectfully indicates to the District Court
that if it were to remand the case, the Court is inclined to grant
the Motion for reconsideration and modify its April 16, 2025,
Order.
A copy of the Court's Memorandum of Decision dated August 19, 2025,
is available at https://urlcurt.com/u?l=42Qdkf from
PacerMonitor.com.
About Millenkamp Cattle
Millenkamp Cattle Inc., is part of a family-owned agriculture
business that can produce more than 1 million pounds of milk per
day.
Millenkamp Cattle Inc. and its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Idaho Lead Case
No. 24-40158) on April 2, 2024. In the petitions filed by William
J. Millenkamp, manager, Millenkamp Cattle estimated assets between
$10 million and $50 million and estimated liabilities between $500
million and $1 billion.
Judge Noah G. Hillen oversees the cases.
The Debtors tapped Matthew T. Christensen, Esq., at Johnson May,
PLLC as bankruptcy counsel and Givens Pursley as special counsel.
MONGKOL ENTERPRISES: Hires Langley & Banack as Bankruptcy Counsel
-----------------------------------------------------------------
Mongkol Enterprises, Inc. seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to hire Langley & Banack,
Inc. as counsel.
The firm will render these services:
(a) advise the Debtor of its duties and powers in this Chapter
11 case; and
(b) handle all matters which come before the court in this
case.
William Davis, Jr., Esq., the primary attorney in this
representation, will be paid at his hourly rate of $425.
The firm received a pre-petition retainer of $19,738 including
filing fees.
Mr. Davis 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:
William R. Davis, Jr., Esq.
Langley & Banack, Inc.
745 E. Mulberry, Suite 700
San Antonio, TX 78212
Telephone: (210) 736-6600
Email: wrdavis@langeybanack.com
About Mongkol Enterprises, Inc.
Mongkol Enterprises, Inc. operates as a restaurant business under
the name Asia Kitchen, serving Thai cuisine at its location in San
Antonio, Texas.
Mongkol Enterprises, Inc. filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Tex. Case No.
25-51865) on August 14, 2025. At the time of filing, the Debtor
estimated $68,680 in assets and $2,000,107 in liabilities. The
petition was signed by Patrick E. Murray as president.
Judge Michael M Parker presides over the case.
William R. Davis, Jr., Esq. at LANGLEY & BANACK, INC. represents
the Debtor as counsel.
MOSAIC SUSTAINABLE: Seeks to Hire Porter Hedges as Special Counsel
------------------------------------------------------------------
Mosaic Sustainable Finance Corporation and its affiliates seek
approval from the U.S. Bankruptcy Court for the Southern District
of Texas to employ Porter Hedges LLP as special counsel to the
special committee of the Board of Directors.
Porter Hedges will assist the special committee in fulfilling its
duties in these Chapter 11 Cases.
The firm's hourly rates are:
Partners $565 to $1,250
Counsel $450 to $1,195
Associates and staff attorneys $450 to $875
Paraprofessionals $340 to $555
Porter Hedges LLP received a retainer in the amount of $100,000.
The following is provided in response to the request for additional
information set forth in Paragraph D.1 of the Fee 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 or
discounts offered 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: Porter Hedges was retained post-petition, effective
July 15, 2025.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Response: No.
John F. Higgins, Esq., a partner of Porter Hedges 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 through:
John F. Higgins, Esq.
Porter Hedges LLP
1000 Main St., 36th Floor
Houston, TX 77002
Tel: (713) 226-6000
Fax: (713) 228-1331
About Mosaic Sustainable Finance Corporation
Mosaic Sustainable Finance Corporation filed its voluntary petition
for relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D.
Tex. Case No. 25-90156) on June 6, 2025. At the time of petition,
the Debtor listed $1,000,000,001 to $10 billion in both assets and
liabilities.
Judge Christopher M Lopez presides over the case.
Charles Martin Persons, Esq. at Paul Hastings LLP and Maegan
Quejada, Esq. at Sidley Austin LLP represent the Debtors as
counsel.
MOUNTAIN VIEW: Moody's Downgrades Issuer & GOLT Ratings to Ba1
--------------------------------------------------------------
Moody's Ratings has downgraded Mountain View School District, PA's
issuer and general obligation limited tax (GOLT) ratings to Ba1
from Baa3. At the end of fiscal 2024, the district had
approximately $9.3 million in debt outstanding.
The downgrade to Ba1 reflects the district's very limited financial
position driven by increased recurring instruction and charter
school tuition costs outpacing revenue growth. Governance is a
material driver of the downgrade as budget management challenges
continue to weigh on the district's credit profile and overall
financial flexibility.
RATINGS RATIONALE
The Ba1 issuer rating recognizes the district's materially weakened
financial position, with an available fund balance ratio of -0.4%
of revenue and liquidity ratio of 3.4% of revenue at the end of
fiscal 2024. The decline is driven by increased recurring costs
tied to instruction and charter school tuition without accompanying
revenue growth. Management reports that charter school costs will
again increase materially in fiscal 2025. Long-term liabilities
were approximately 144% of revenue in fiscal 2024 and will grow in
2025 as management reports the district issued $3.2 million in
general obligation notes for capital. The district's credit quality
is also characterized by above-average household income that
equates to 116% of the national median. Full value per capita of
$86,000 is average relative to peers in the state.
The lack of distinction between the district's issuer rating and
the Ba1 rating on the district's GOLT debt is based on the GOLT's
general obligation full faith and credit pledge.
Governance is material to the Ba1 rating. Policy credibility and
effectiveness remains weak as the district's capture rate (the
percentage of school-aged children within the district's boundaries
who attend the district) is below-average. Growing charter school
costs and weak oversight over the flow of charter school students
continue to pressure the district's financial position.
RATING OUTLOOK
Moody's do not assign outlooks to local governments with this
amount of debt outstanding.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Return to structurally balanced financial operations over a
multi-year period
-- Sustained positive fund balance
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Further decline in available fund balance or liquidity
-- Growth in long-term liabilities ratio to over 250% of revenue
PROFILE
Mountain View School District is located in Susquehanna County in
the northeastern corner of Pennsylvania, approximately 30 miles
north of Scranton.
METHODOLOGY
The principal methodology used in these ratings was US K-12 Public
School Districts published in July 2024.
NEXSTAR MEDIA: Moody's Puts 'Ba3' CFR Under Review for Downgrade
----------------------------------------------------------------
Moody's Ratings placed all ratings of Nexstar Media Inc. and its
wholly-owned consolidated subsidiary, Mission Broadcasting, Inc.
("Mission") (collectively "Nexstar" or the "company"), on review
for downgrade. Ratings on review for downgrade include the
company's Ba3 corporate family rating, Ba3-PD probability of
default rating, Ba2 ratings on the senior secured bank credit
facilities residing at Nexstar Media Inc. and Mission, and B2
ratings on Nexstar Media Inc.'s senior unsecured notes. Previously,
Nexstar's outlook was stable and Mission's outlook was no outlook.
The Speculative Grade Liquidity (SGL) rating remains unchanged at
SGL-2.
The review follows Nexstar's announcement on August 19, 2025 [1]
that it has entered into a definitive agreement to acquire all
outstanding shares of TEGNA Inc.'s ("TEGNA") common stock for $22
per share in an all-cash transaction equivalent to an enterprise
value of $6.2 billion. Under the proposed transaction, Nexstar, the
nation's largest broadcaster with 201 local TV stations across 116
markets, will combine with TEGNA, the nation's fourth largest
broadcaster with 64 local TV stations across 51 markets, to become
the de facto industry leader covering 80% of US television
households. The acquisition is subject to customary closing
conditions, including approval by TEGNA's shareholders, and
applicable regulatory approvals from the FCC and DOJ. If regulatory
clearance is granted, the transaction is expected to close in H2
2026. Upon closing, Moody's expects to withdraw TEGNA's corporate
ratings given the change of control provisions in TEGNA's debt
obligations that require either their redemption or assumption by
the acquirer.
RATINGS RATIONALE / FACTORS THAT COULD LEAD TO AN UPGRADE OR
DOWNGRADE OF THE RATINGS
Moody's reviews will assess the post-transaction capital structure,
credit metrics, and financial policies, including the company's
ability to de-lever (and the pace) amid secular revenue pressures.
Moody's will also evaluate the combined company's earnings, free
cash flow outlook, and capital allocation plans. While Nexstar
demonstrated successful deleveraging after acquiring Tribune Media
in 2019, that period experienced lower subscriber attrition and ad
revenue displacement compared to August 20, 2025. These evolving
industry dynamics coupled with increased financial leverage
heighten scrutiny of the company's ability to maintain its current
Ba3 CFR.
Moody's expects that Nexstar will finance the transaction almost
entirely with debt. To consummate the acquisition, Nexstar has
obtained commitments from a consortium of banks for new debt
financing. The review for downgrade reflects governance
considerations related to the company's somewhat aggressive M&A
financial strategy characterized by the willingness to double its
debt (and also increase EBITDA) at a time when the local TV
broadcast industry is increasingly facing growth and competitive
challenges and Nexstar's financial flexibility is constrained due
to its already high leverage. At LTM June 30, 2025, restricted
group leverage, as measured by total debt to EBITDA (inclusive of
Moody's adjustments using two-year average EBITDA and excludes The
CW Network's operations) was 3.9x, near the 4x downgrade threshold.
Pro forma for the incremental debt, Moody's estimates the combined
entity's Moody's adjusted restricted group leverage increases to
around 5x pre-synergies, or the mid-4x area including synergies.
Forecasted synergies will likely be transitory soon after
realization amid a shrinking pay-TV universe and ongoing weakness
in linear TV core advertising growth, which Moody's expects will
continue to pressure top-line revenue leading to two-year average
EBITDA declines.
Under the current administration, deregulation of the local TV
broadcast industry is highly anticipated with new FCC leadership
advancing a number of initiatives designed to relax existing
regulations and create a more favorable environment for
consolidation to expand audience reach. This could help the
industry achieve scale efficiencies to alleviate some of the
challenges resulting from viewership shifting to competing
streaming and digital platforms, and potentially level the playing
field. The transaction will be the first in the industry to
challenge both the FCC's: (i) 39% regulatory cap for US television
household coverage (includes 50% discount for stations operating on
a UHF channel); and (ii) in-market multiple TV ownership rule,
which prevents a broadcaster from owning more than one of the
top-four rated stations (i.e., a Big Four affiliate) in a
designated market area (DMA), thus creating a Big Four duopoly;
in-market ownership of two (or more) stations is currently
permitted as long as only one is a Big Four affiliate. Given that
Nexstar is already at the 39% cap, the combination with TEGNA will
give the company access to new DMAs, pushing it over the current
limit, and create new duopolies in overlapping DMAs, including Big
Four duopolies.
Given Nexstar's significant national scale as the largest US local
TV broadcaster, if regulators approve its ownership of TEGNA, the
transaction could result in operational efficiencies as the
combined entity is expected to realize significant net synergies
(revenue and cost), estimated to reach around $300 million per
annum. TEGNA will benefit from Nexstar's higher monthly
retransmission rates per subscriber, which will enhance its
distribution revenue. On the cost side, Nexstar will greatly
increase its number of duopolies (Nexstar currently has duopolies
in just over 50% of its markets), and create Big Four duopolies,
which will produce savings from elimination of duplicative
functions, consolidation of back-end operations, sharing of
personnel and production facilities, scale economies, and improved
bargaining power with programming suppliers.
Ongoing operational cost savings are critical as traditional
subscriber losses continue to outpace fee escalators in
retransmission agreements during non-renewal years, offsetting
material fee increases in years when contracts renew. Subscriber
attrition remains in the mid-to-high single digits, supported by
MVPD growth, but cord-cutting among cable and satellite subscribers
is accelerating in the low-to-mid teens. As a result,
retransmission revenue growth outside renewal years will be
minimal. While the combined entity will benefit from broad consumer
reach, affiliate diversity, and strong DMA rankings, retransmission
revenue will still rely more heavily on renewal-driven rate
increases.
The combination will enhance market share and audience reach in
DMAs with duopolies, potentially unlocking advertising synergies.
However, because core linear TV ad revenue continues to decline due
to budget shifts toward digital and CTV, Moody's are currently not
factoring ad revenue synergies into Moody's forecasts. Nexstar
remains exposed to cyclical ad revenue, with strong cash flow
boosts from high-margin political ad revenue in election years, but
faces pullbacks in non-election years when political revenue drops
significantly. These dynamics underscore the importance of cost
discipline and strategic positioning amid structural media shifts.
Over the next 12 months, Moody's expects Nexstar standalone will
maintain good liquidity as indicated by the SGL-2 Speculative Grade
Liquidity rating, supported by good excess cash flow generation,
cash balances totaling $234 million at June 30, 2025, and access to
$763 million of available borrowing capacity under its two
revolving credit facilities with commitments totaling $825
million.
Given the review for downgrade, an upgrade is unlikely at the
present time. However, excluding the ratings review, ratings could
be upgraded if Nexstar were to maintain a publicly-defined
financial policy with respect to restricted group financial
leverage that is sustained comfortably below 3x (Moody's adjusted
on a two-year average EBITDA basis). For upward ratings pressure to
occur, the company would also need to exhibit: (i) organic revenue
growth and stable-to-improving EBITDA margins on a two-year average
basis; (ii) FCF to debt sustained above 10% (Moody's adjusted on a
two-year average FCF basis); and (iii) adherence to conservative
financial policies while maintaining at least good liquidity.
Ratings could be downgraded if Moody's expects restricted group
financial leverage post transaction closing will be sustained above
4x (Moody's adjusted on a two-year average EBITDA basis) as a
result of deteriorating operating performance, delayed realization
of planned synergies, more aggressive financial policies or
inability to reduce acquisition debt within a suitable timeframe.
Downward ratings pressure could occur if Moody's expects two-year
average FCF to debt will be sustained below 5% (Moody's adjusted)
or a deterioration in the company's liquidity or covenant
compliance weakness.
Headquartered in Irving, Texas, Nexstar Media Inc. is the largest
US television broadcaster, owning, operating, or providing sales
and services to 201 television stations in 40 US states and the
District of Columbia, covering 39% of US television households
(including the UHF discount) across 116 markets reaching over 220
million people. The company operates in 18 of the top 25 markets,
with digital assets that include 138 local websites and 229 mobile
applications across its local stations, NewsNation and The Hill.
Nexstar owns a 77% interest in The CW Network, the nation's fifth
major broadcast network reaching 126 million television households.
For the twelve months ended June 30, 2025, Nexstar's standalone
revenue totaled around $5.3 billion. Pro forma for the combination
with TEGNA, revenue would have been roughly $8.3 billion.
The principal methodology used in these ratings was Media published
in June 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
NIKOLA CORP: SEC Objects to Ch. 11 Plan's Handling of $80MM Penalty
-------------------------------------------------------------------
Vince Sullivan of Law360 reports that the U.S. Securities and
Exchange Commission told a bankruptcy court on Tuesday, August 26,
2025, that Nikola Corp.'s Chapter 11 plan misclassifies its $80
million civil penalty claim as damages, improperly placing it
behind other unsecured creditors in the repayment order.
About Nikola Corp.
Nikola Corporation and affiliates specialize in the design and
manufacture of zero-emissions commercial vehicles, including
battery-electric and hydrogen fuel cell trucks. The companies
operate in two business units: Truck and Energy. The Truck business
unit is commercializing heavy-duty commercial hydrogen-electric
(FCEV) and battery-electric (BEV) Class 8 trucks that provide
environmentally friendly, cost-effective solutions to the short,
medium and long-haul trucking sectors. The Energy business unit is
developing hydrogen fueling infrastructure to support FCEV trucks
covering supply, distribution and dispensing. Founded in 2015,
Nikola is headquartered in Phoenix, Ariz.
Nikola and nine of its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del., Lead Case No. 25-10258)
on February 19, 2025. In the petitions, the Debtors reported total
assets as of Jan. 31, 2025 of $878,094,000 and total debts as of
Jan. 31, 2025 of $468,961,000.
Honorable Bankruptcy Judge Thomas M. Horan handles the cases.
Potter Anderson & Corroon LLP serves as general bankruptcy counsel
to the Debtors, and Pillsbury Winthrop Shaw Pittman LLP serves as
bankruptcy co-counsel. Houlihan Lokey Capital, Inc. acts as
investment banker to the Debtors; M3 Advisory Partners LP acts as
financial advisor to the Debtors; while EPIQ Corporate
Restructuring LLC is the Debtors' claims and noticing agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped Morrison & Foerster LLP and Morris James, LLP as
legal counsels; Ducera Securities, LLC as investment banker; and
FTI Consulting, Inc. as financial advisor.
NLC ENERGY: Seeks to Hire Kerkman & Dunn as General Counsel
-----------------------------------------------------------
NLC Energy Denmark, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Wisconsin to employ Kerkman &
Dunn as general counsel.
The firm will render these services:
(a) advise and assist the Debtor with respect to its duties
and powers under the Bankruptcy Code;
(b) advise the Debtor on the conduct of its Chapter 11 case,
including the legal and administrative requirements of operating in
Chapter 11;
(c) attend meetings and negotiate with representatives of the
creditors and other parties in interest;
(d) prosecute actions on the behalf of the Debtor, defend
actions commenced against the Debtor, and represent the Debtor's
interests in negotiations concerning litigation in which the Debtor
is involved, including objections to claims filed against the
Debtor's estates;
(e) prepare pleadings in connection with the Debtor's Chapter
11 case including motions, applications, answers, orders, reports,
and papers necessary or otherwise beneficial to the administration
of the Debtor's estates;
(f) advise the Debtor in connection with any potential sales
of assets;
(g) appear before the Court to represent the interests of the
Debtor's estate;
(h) assist the Debtor in preparing, negotiating and
implementing a plan, and advising with respect to any rejection of
a plan and reformulation of a plan, if necessary;
(i) assist and advise the Debtor in state court actions
related to judgments and collection actions initiated by or against
the Debtor that are necessary for an effective reorganization; and
(j) perform all other necessary or appropriate legal services
for the Debtor in connection with the prosecution of their Chapter
11 cases, including (i) analyzing the Debtor's leases and
contracts, and the assumption and assignment or rejection of them,
(ii) analyzing the validity of liens against the Debtor, and (iii)
advising the Debtor on transactional and litigation matters.
The firm will be paid at these rates:
Jerome R. Kerkman $575 per hour
Evan P. Schmit $495 per hour
Nicholas W. Kerkman $315 per hour
Anjanette G. Seymour $275 per hour
Non-Attorney Paraprofessionals $125 per hour
As disclosed in the court filings, Kerkman & Dunn is a
"disinterested person" within the meaning of Sec. 101(14) of the
Bankruptcy Code and as required by Sec. 327(a), and does not hold
or represent an interest adverse to the Debtor's estate.
The firm can be reached through:
Jerome R. Kerkman, Esq.
Kerkman & Dunn
839 N. Jefferson St., Suite 400
Milwaukee, WI 53202-3722
Tel: (414) 277-8200
Fax: (414) 277-0100
Email: jkerkman@kerkmandunn.com
About NLC Energy Denmark LLC
NLC Energy Denmark LLC operates a biomethane production facility in
Denmark, Wisconsin.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Wisc. Case No. 25-24634) on August 16,
2025, listing between $50 million and $100 million in assets and
between $100 million and $500 million in liabilities. Welles Hatch,
chief financial officer, signed the petition.
Judge Katherine M. Perhach oversees the case.
Jerome R. Kerkman, Esq., at Kerkman & Dunn, represents the Debtor
as legal counsel.
NO WAKE ZONE: Seeks to Hire Colleen Argerdina as Accountant
-----------------------------------------------------------
No Wake Zone, LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Louisiana to employ Colleen Argerdina a
professional practicing in Madisonville, Louisiana, as accountant.
Ms. Angerdina will prepare the monthly operating reports required
to be filed by the Debtor and may prepare other financial documents
necessary to confirm the case.
Ms. Angerdina requests a retainer of $3,000. The hourly rate for
the accountant is $130.
Ms. Angerdina assured the court that she is a "disinterested
person" within the meaning of 11 U.S.C. 101(14).
The accountant can be reached at:
Colleen Argerdina
393 Highway 21, Suite 560
Madisonville, LA
About No Wake Zone, LLC
No Wake Zone, LLC, filed a Chapter 11 bankruptcy petition (Bankr.
E.D. La. Case No. 25-11248) on June 17, 2025. At the time of
filing, the Debtor estimated up to $50,000 in both assets and
liabilities.
Judge Meredith S Grabill presides over the case.
The Debtor hires The De Leo Law Firm LLC as counsel.
NORTH AMERICAN: Court OKs Equipment Sale to Agri-Cover
------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Texas, Fort
Worth Division, has permitted North American Sealing Solutions LLC
to sell Equipment, free and clear of liens, claims, interest, and
encumbrances.
The Court has authorized the Debtor to sell the Equipment to
Agri-Cover, Inc. for the purchase price of $20,000.00.
The Equipment, commonly known as a "Dip Spin Coating Machine" is
comprised of Ronci R200VPC Programmable 16: Centrifugal Coating
Machine with 8-Speed Spin Motor,(6) R-200 Work Baskets, (3)
Stainless Steel Tanks w/ Cover and All Standard Equipment.
The Debtor is authorized to fully perform all terms and conditions
of the Agreement, together with all additional instruments and
documents which may be reasonably necessary, convenient or
desirable in performing under the Agreement, and to take any and
all further actions as may be necessary or appropriate in
performing the obligations as contemplated by the Agreement.
By agreement and as hereby ordered, the liens and claims of Wells
Fargo Equipment Finance, Inc. against the Equipment and the Debtor
shall be released and of no further force and effect upon the
closing and funding of the proposed transaction.
All net sale proceeds of sale after any closing costs shall be paid
to Wells Fargo upon closing of the sale. Upon closing of the sale,
Wells Fargo shall amend its proof of claim to reflect a reduction
of its secured claim equal to the amount of sales proceeds it
receives upon sale, as described in the Motion. Wells Fargo shall
otherwise retain its claims and secured interests in the Debtor's
assets.
All of the Debtor's interests in the Equipment shall be, as of the
closing of the sale, transferred to, and vested in, the Buyer.
About North American Sealing Solutions, LLC
North American Sealing Solutions, LLC is a manufacturer based in
Fort Worth, Texas, specializing in sealing products and machined
components for industries like oil and gas. Founded in 2010 by
Tom
Oswald, the Company produces items such as O-rings, seals, rubber
products, and rebuild kits.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-41374) on April 18,
2025. In the petition signed by Thomas Oswald, president, the
Debtor disclosed up to $10 million in both assets and liabilities.
Judge Edward L. Morris oversees the case.
Joyce W. Lindauer, Esq., at Joyce W. Lindauer Attorney, PLLC,
represents the Debtor as bankruptcy counsel.
PARTNERS PHARMACY: Hires Pillsbury Winthrop as Bankruptcy Counsel
-----------------------------------------------------------------
Partners Pharmacy Services, LLC, and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to hire Pillsbury Winthrop Shaw Pittman LLP as counsel.
The firm's services include:
a. advising the Debtors of their rights, powers and duties as
debtors and debtors in possession;
b. preparing (or reviewing and commenting on, as applicable)
applications, motions, pleadings, proposed orders, notices, monthly
operating reports, and other documents to be filed by the Debtors
in these chapter 11 cases;
c. taking all necessary actions to protect and preserve the
Debtors' estates, including prosecuting actions on the Debtors'
behalf, defending actions commenced against the Debtors, and
representing the Debtors in negotiations concerning litigation in
which the Debtors may become involved;
d. advising the Debtors in connection with the sale of
substantially all of their assets or the transfer of operations;
e. preparing, filing, and pursuing approval of any chapter 11
plan and disclosure statement filed by the Debtors in these chapter
11 cases;
f. representing the Debtors in matters with and before the
United States Trustee, including the initial debtor interview and
meeting of creditors, and in hearings before this Court; and
g. performing all other legal services for and on behalf of
the Debtors that may be necessary or appropriate in these chapter
11 cases.
The Debtors paid Pillsbury a total of $1.8 million to serve as a
retainer.
Pillsbury is a "disinterested person" within the meaning of section
101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached through:
Patrick J. Potter, Esq.
PILLSBURY WINTHROP SHAW PITTMAN LLP
1200 Seventeenth Street, NW
Washington, DC 20036
Tel: (202) 663-8928
Fax: (202) 663-8007
Email: patrick.potter@pillsburylaw.com
About Partners Pharmacy Services LLC
Partners Pharmacy Services LLC provides medication management
services to residents in skilled nursing facilities, assisted
living communities, long-term care residences, long-term acute care
hospitals, and institutional care facilities across the United
States. Founded in 1998 and headquartered in Springfield Township,
New Jersey, the Company operates in multiple states through a
network of in-house pharmacies and regional locations, offering
services such as automation systems, infusion therapy technologies,
compounding, and clinical decision-support tools. It is one of the
largest long-term care pharmacy providers in the U.S., serving over
48,000 residents in more than 500 communities.
Partners Pharmacy Services LLC and affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case
No. 25-34698) on August 13, 2025. In its petition, the Debtor
reports estimated assets between $1 million and $10 million and
estimated liabilities between $10 million and $50 million.
The Debtors are represented by Patrick J. Potter, Esq., Dania Slim,
Esq., Amy West, Esq., and L. James Dickinson, Esq. of PILLSBURY
WINTHROP SHAW PITTMAN LLP. SSG CAPITAL ADVISORS, LLC is the
Debtors' Investment Banker. GIBBONS ADVISORS, LLC is the Debtors'
Financial Advisor. ROLL RESTRUCTURING ADMINISTRATION LLC is the
Debtors' Notice, Claims & Balloting Agent and Administrative
Advisor.
PARTNERS PHARMACY: Seeks to Hire SSG Advisors as Investment Banker
------------------------------------------------------------------
Partners Pharmacy Services, LLC, and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to hire SSG Advisors, LLC as investment banker.
The firm's services include:
a. advising the Debtors on, and assisting the Debtors in
preparing an information memorandum describing the Debtors, their
management, and financial status for use in discussions with
prospective purchasers and to assist in the due diligence process
for a potential sale transaction;
b. assisting the Debtors in developing a list of suitable
potential buyers who will be contacted on a discreet and
confidential basis after approval by the Debtors;
c. coordinating the execution of confidentiality agreements
for potential buyers wishing to review the information memorandum;
d. assisting the Debtors in coordinating management calls and
site visits for interested buyers and working with management to
develop presentations for such calls and visits;
e. soliciting competitive offers from potential buyers;
f. advising and assisting the Debtors in structuring a sale
transaction, negotiating a sale transaction agreement with
potential buyers and evaluating the proposals from potential
buyers, including advising and negotiating with respect to
licenses, milestone and royalty payments, or assignments of
intellectual property, as necessary;
g. providing testimony in support of a sale transaction, as
necessary; and
h. assisting the Debtors, their attorneys and accountants, as
necessary, through closing of a sale transaction on a best efforts
basis.
SSG will be paid at these fees:
a. Initial Fee. An initial fee of $50,000, which was due upon
signing the Engagement Agreement. Fifty percent (50%) of the
Initial Fee will be credited towards a Transaction Fee.
b. Monthly Fees. Monthly fees of $50,000 per month payable
beginning July 10, 2025 and on the tenth (10th) of each month
thereafter throughout the Engagement Term. 50 percent of the first
three (3) Monthly Fees will be credited toward a Transaction Fee.
c. Sale Fee. Upon the consummation of a sale to any party, a
fee equal to the greater of (a) $600,000 plus (b) 4 percent of
Total Consideration (as such term is defined in the Engagement
Agreement) in excess of $51.7 million, payable in cash, in federal
funds via wire transfer, or certified check, at and as a condition
of closing of such a sale. Notwithstanding the foregoing, if the
sale transaction is to the stalking horse purchaser without a
qualified overbid, then the Sale Fee shall be $500,000.
d. Restructuring Fee. Upon the consummation of a
restructuring, a fee equal to $500,000 payable in cash, in federal
funds via wire transfer, or certified check, at closing of any such
restructuring.
e. Duplication of Transaction Fees. SSG will only be entitled
to either a Sale Fee or a Restructuring Fee, the greater of the two
fees. As noted above, 50 percent of the first three (3) Monthly
Fees will be credited toward a Transaction Fee.
f. In addition to the foregoing Initial Fee, Monthly Fees and
Transaction Fee, SSG will be entitled to reimbursement for all of
SSG's reasonable and documented out-of-pocket expenses incurred in
connection with the Engagement Agreement whether or not a sale
transaction or restructuring transaction is consummated.
In addition, the firm will seek reimbursement for expenses
incurred.
Mark Chesen, a managing director at SSG Advisors, 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:
Mark E. Chesen
SSG Advisors LLC
300 Barr Harbor Drive, Suite 420
West Conshohocken, PA 19428
Telephone: (610) 940-1094
Facsimile: (810) 940-4719
About Partners Pharmacy Services LLC
Partners Pharmacy Services LLC provides medication management
services to residents in skilled nursing facilities, assisted
living communities, long-term care residences, long-term acute care
hospitals, and institutional care facilities across the United
States. Founded in 1998 and headquartered in Springfield Township,
New Jersey, the Company operates in multiple states through a
network of in-house pharmacies and regional locations, offering
services such as automation systems, infusion therapy technologies,
compounding, and clinical decision-support tools. It is one of the
largest long-term care pharmacy providers in the U.S., serving over
48,000 residents in more than 500 communities.
Partners Pharmacy Services LLC and affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case
No. 25-34698) on August 13, 2025. In its petition, the Debtor
reports estimated assets between $1 million and $10 million and
estimated liabilities between $10 million and $50 million.
The Debtors are represented by Patrick J. Potter, Esq., Dania Slim,
Esq., Amy West, Esq., and L. James Dickinson, Esq. of PILLSBURY
WINTHROP SHAW PITTMAN LLP. SSG CAPITAL ADVISORS, LLC is the
Debtors' Investment Banker. GIBBONS ADVISORS, LLC is the Debtors'
Financial Advisor. ROLL RESTRUCTURING ADMINISTRATION LLC is the
Debtors' Notice, Claims & Balloting Agent and Administrative
Advisor.
PARTNERS PHARMACY: Taps Ronald Winters of Gibbins Advisors as CRO
-----------------------------------------------------------------
Partners Pharmacy Services, LLC, and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to hire Gibbins Advisors, LLC, as their financial advisor and
designate Ronald M. Winters, a managing director of Gibbins, as
chief restructuring officer.
The firm's services include:
a. assisting the Debtors in performing a general financial
review of historical and projected financial information;
b. assisting the Debtors in reviewing monthly financial
statements and providing guidance on relevant matters;
c. assisting the Debtors with the preparation of financial
information for distribution to creditors and others, including,
but not limited to, cash flow projections and budgets, cash
receipts and disbursements analysis of various asset and liability
accounts, and providing an analysis of proposed transactions;
d. assisting the Debtors with communications and negotiations
with lenders and other stakeholders regarding financial
performance, strategy, and/or other topics relevant to the scope of
this assignment;
e. assisting the Debtors in evaluating, developing and
summarizing restructuring or strategic alternatives for the
Debtors' management;
f. assisting the Debtors with transaction counterparty
diligence support and negotiations with transaction counterparties
in collaboration with the Debtors' management and the Debtors'
other professionals; and
g. assisting the Debtors during these chapter 11 cases,
including to prepare and testify (if needed) during hearings in
connection with DIP financing, asset sales, court filings,
operational support, stakeholder negotiations, and a chapter 11
plan, all under the Debtors' management direction.
Gibbins' standard hourly rates are:
Managing Director/Principal $695 to $850
Director/Senior Director $525 to $650
Associate/Senior Associate $375 to $495
Data Analyst $225 to $325
Gibbins received a retainer in the amount of $50,000 from the
Debtors, which the Debtors supplemented on June 2, 2025 and August
8, 2025 by paying $180,000 and $225,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Ronald Winters, a managing director of Gibbins, 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:
Ronald M. Winters
Gibbins Advisors, LLC
1900 Church Street
Nashville, TN 37203
Tel: (615) 696-6556
About Partners Pharmacy Services LLC
Partners Pharmacy Services LLC provides medication management
services to residents in skilled nursing facilities, assisted
living communities, long-term care residences, long-term acute care
hospitals, and institutional care facilities across the United
States. Founded in 1998 and headquartered in Springfield Township,
New Jersey, the Company operates in multiple states through a
network of in-house pharmacies and regional locations, offering
services such as automation systems, infusion therapy technologies,
compounding, and clinical decision-support tools. It is one of the
largest long-term care pharmacy providers in the U.S., serving over
48,000 residents in more than 500 communities.
Partners Pharmacy Services LLC and affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case
No. 25-34698) on August 13, 2025. In its petition, the Debtor
reports estimated assets between $1 million and $10 million and
estimated liabilities between $10 million and $50 million.
The Debtors are represented by Patrick J. Potter, Esq., Dania Slim,
Esq., Amy West, Esq., and L. James Dickinson, Esq. of PILLSBURY
WINTHROP SHAW PITTMAN LLP. SSG CAPITAL ADVISORS, LLC is the
Debtors' Investment Banker. GIBBONS ADVISORS, LLC is the Debtors'
Financial Advisor. ROLL RESTRUCTURING ADMINISTRATION LLC is the
Debtors' Notice, Claims & Balloting Agent and Administrative
Advisor.
PARTY CITY: Gets Court OK for Chapter 11 Liquidation Plan
---------------------------------------------------------
Yun Park of Law360 reports that a Texas bankruptcy judge on
Wednesday, August 27, 2025, granted final approval of Party City's
Chapter 11 liquidation plan, overruling an objection from the U.S.
Trustee's Office, which argued the plan unlawfully reduced
administrative claims without clear consent and risked violating
the Bankruptcy Code.
About Party City Holdco
Party City Holdco Inc. (NYSE: PRTY) is the global leader in the
celebrations' industry, with its offerings spanning more than 70
countries around the world. It is also the largest designer,
manufacturer, distributor, and retailer of party goods in North
America. Party City Holdco had 761 company-owned stores as of
September 2022. It is headquartered in Woodcliff Lake, N.J. with
additional locations throughout the Americas and Asia.
Party City Holdco and its domestic subsidiaries sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead
Case No. 24-90621) on Dec. 21, 2024. As of Petition date, the
Debtor estimated $1 billion to $10 billion in both assets and
liabilities. The petitions were signed by Deborah Rieger-Paganis as
chief restructuring officer.
Judge Alfredo R Perez oversees the cases.
The Debtors tapped Paul, Weiss, Rifkind, Wharton & Garrison, LLP,
and Porter Hedges LLP as legal counsel; AlixPartners, LLP as
financial advisor; A&G Realty Partners as real estate advisor; and
Kroll as the claims agent. Gordon Brothers Retail Partners, LLC and
Gordon Brothers Commercial & Industrial, LLC represents the Debtors
as Store Closing Advisor.
The U.S. Trustee for Region 6 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases. The
committee is represented by Pachulski Stang Ziehl & Jones, LLP.
PEAK ACHIEVEMENT: S&P Assigns BB- ICR, Outlook stable
-----------------------------------------------------
S&P Global Ratings assigned its 'BB-' issuer credit rating (ICR) to
Canada-based Peak Achievement Athletics Inc., reflecting the 'b+'
stand-alone credit profile (SACP) and one notch of uplift based on
our assessment of Peak's moderate strategic importance to parent
Fairfax Financial Holdings Ltd. (A-/Stable/--).
S&P said, "We also assigned our 'B+' issue-level rating and '5'
recovery rating to the company's proposed unsecured debt. The '5'
recovery rating reflects our expectation for modest (10%-30%;
rounded estimate: 10%) recovery in the event of a default.
"The stable outlook reflects our view that Peak will maintain its
strong market share in key hockey equipment. The outlook also
incorporates our view that sustained pricing power and gradual
market-share increases should result in EBITDA increasing over the
next 12 months such that the company's S&P Global Ratings-adjusted
leverage ratio improves to the 3x-4x area."
Peak is the leading designer, manufacturer, and distributor of
sports equipment for hockey and lacrosse in North America.
The company intends to issue C$250 million in unsecured notes to
repay a portion of its existing term loan. Pro forma the
transaction, based on EBITDA for the 12 months through June 31,
2025, S&P expects Peak's debt-to-EBITDA ratio to be about 5x, which
it forecasts should improve to below 4x by year-end fiscal 2026.
S&P said, "Our rating on Peak reflects its leading market share in
North America, but it's smaller than many of the other top sports
equipment manufacturers. Its Bauer brand has a leading position in
the niche hockey equipment market, covering the full breadth of
hockey equipment products. It competes primarily with CCM Hockey.
We estimate that Bauer leads the market in the skates, protective
equipment, and goalie equipment categories. The customers for its
core products are not only include amateur and recreational players
but also elite and performance-focused athletes who tend to replace
their equipment more frequently than casual players, supporting our
view that the company has recurring revenue generation. However,
the company has limited revenue diversity, as it manufactures and
sells only hockey and lacrosse equipment and apparel. In addition,
it generates about 70% of revenue in North America, further
limiting diversity. Therefore, its scale of operations is smaller
than that of other leading sports equipment manufacturers, such as
Acushnet Holdings Corp. (over US$2 billion in annual revenue;
BB/Stable/--) and Topgolf Callaway Brands Corp. (more than $4
billion; B/Developing/--). As a result, we assess Peak's business
risk profiles as weak.
"We anticipate that Peak's leverage will improve to below 4.0x in
F2026 as acquisition-related one-time charges roll off. The company
plans to issue C$250 million (US$179 million) unsecured notes due
August 2033, using the majority of the proceeds to pay-down
existing US$339 million term loan due December 2027. Pro forma the
transaction and based on S&P Global Ratings-adjusted EBITDA for the
12 months through June 30, 2025, the company's leverage will be
about 5x. However, for the fiscal year ending March 31, 2025, there
were significant one-time costs related to Fairfax acquiring Peak.
As those one-time transaction-related charges phase out, we expect
EBITDA margin to return to a more normal 19%–20% in F2026. As a
result, we project S&P Global Ratings-adjusted leverage will
improve to the 3.5x-4x area by year-end fiscal 2026.
"Our ratings incorporate a one-notch uplift for group support. Peak
is 100%-owned by and fully consolidated with the financials of its
parent, Fairfax, but it will operate as a stand-alone business. We
view Peak as moderately strategic to Fairfax. Therefore, we don't
expect any ongoing financial support from Fairfax, and only under
extraordinary circumstances would we expect Fairfax to assist
financially. We also believe Fairfax will be a long-term investor
in Peak and maintain a prudent financial policy with respect to
dividends. As a result, our 'b+' SACP on Peak receives a one-notch
parental uplift, resulting in a 'BB-' ICR."
Robust pricing power and solid demand for hockey equipment will
support near-term growth. Q1 2026 sales growth stemmed primarily
from price increases. It raised prices earlier this year due to
tariffs, and there was minimal customer backlash. Hockey and
lacrosse consumers generally have relatively high household incomes
and tend to be more inclined to pay for quality and premium
products. This and Peak's well-established brand equity give the
company significant pricing power. Across all of its categories,
the company offers products at multiple price tiers, broadening its
potential customer base. And to better attract and support beginner
players, it didn't raise the prices of entry-level products this
year. We expect top-line growth of approximately 7.5% in 2026,
primarily driven by price increases. The remainder will come from
volume growth, bolstered by the launch of the Vapor FlyLite
collection in June, contracts with the Professional Women's Hockey
Leage and Hockey Canada, and the continued expansion of its custom
products line.
Even with tariffs, we believe the company's profitably will remain
above the industry average. Absent one-time items related to sale
to Fairfax, Peak's 2025 S&P Global Ratings-adjusted EBITDA margin
was 19%-20%. This is above the 16%-17% generated by Topgolf and
TaylorMade Holdings Inc. (B/Stable/--). With most of Peak's
manufacturing based overseas and significant sales in the U.S., it
remains highly exposed to tariffs; however, management has
indicated that these costs have been passed on to customers through
price increases. The company is also working with key suppliers to
reduce its exposure to China by relocating production to elsewhere
in the region. S&P expects Peak to maintain these margins in the
near term, even when taking into account tariff-induced
macroeconomic headwinds in Canada. However, the risk remains that a
further increase in tariff rates could compress EBITDA margins and
pressure the company's creditworthiness if EBITDA declines
substantially.
Given the maturity of the hockey market, growth depends on product
innovation and expansion. The hockey equipment industry is expected
to grow only modestly (about 1%-2% annually), with female and youth
participation likely driving the growth. Therefore, S&P believes
Peak's long-term growth will hinge on its ability to expand its
market share through innovation and strategic marketing. Operating
within a duopoly in its core markets (its main competitor is CCM),
Peak's focus on R&D has resulted in market share expansion and S&P
expects it to outpace several smaller peers in terms of innovation.
As part of its long-term strategy, the company expects to grow its
high-margin direct-to-customer business significantly. This will be
underpinned by the expansion of its custom-made products line and
incremental and more targeted marketing spending.
The business has sufficient liquidity to manage its seasonal
working-capital swings. Generally, Peak's highest hockey revenues
are in the summer and fall, and its lacrosse revenues peak in the
fall and winter. As a result, its receivable balance increases
significantly in the second quarter, leading it to use over $100
million in working capital. However, S&P believes the company's
US$175 million revolving credit facility provides an adequate
liquidity cushion to cover its seasonal working-capital needs.
S&P said, "The stable outlook reflects our view that Peak will
maintain its strong market share in key hockey equipment. The
outlook also incorporates our view that sustained pricing power and
gradual market-share increases should result in EBITDA increasing
over the next 12 months such that the company's S&P Global
Ratings-adjusted leverage ratio will improve in the 3x-4x area."
S&P could lower the rating if Peak's operating performance
deteriorates and adjusted leverage remains close to 5x. This could
be caused by:
-- The company has difficulty managing supply-chain disruptions,
foreign-currency headwinds, or input-cost fluctuations;
-- Consumer discretionary spending being much weaker than
expected; or
-- Market-share losses due to unsuccessful product launches,
changing customer preferences, a failure to innovate, or weaker
perceived product quality.
Although unlikely within the next 12 months, S&P could raise the
ratings if:
-- Peak establishes a consistent track record of maintaining S&P
Global Ratings-adjusted EBITDA margins in the high-teens percent
area, even amid a weaker macroeconomic environment and ongoing
tariff uncertainty; and
-- Fairfax's management team remains committed to its financial
policy of maintaining prudent capital structure such that leverage
improves to below 3x.
PLATE RESTAURANT: U.S. Trustee Unable to Appoint Committee
----------------------------------------------------------
The U.S. Trustee for Region 20 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 cases of Plate Restaurant Group, LLC and its
affiliates.
About Plate Restaurant Group LLC
Plate Restaurant Group LLC is a Kansas City-based restaurant
business.
Plate Restaurant Group, LLC and its affiliates, Plate Restaurant,
LLC and Plate Restaurant Leawood, LLC, filed Chapter 11 petitions
(Bankr. D. Kan. Lead Case No. 25-20996) on July 18, 2025. In its
petition, Plate Restaurant Group disclosed up to $50,000 in assets
and between $500,000 and $1 million in liabilities.
Honorable Bankruptcy Judge Dale L. Somers handles the case.
The Debtors tapped Phillips & Thomas, LLC as counsel and Olivier
Griot as accountant.
PLATINUM BEAUTY: Court Extends Cash Collateral Access to Sept. 16
-----------------------------------------------------------------
Platinum Beauty Bar and Spa, LLC received second interim approval
from the U.S. Bankruptcy Court for the Middle District of Georgia,
Macon Division, to use cash collateral.
The second interim order authorized the Debtor to use cash
collateral from August 21 until the final hearing scheduled for
September 16 to pay operating expenses in accordance with its
budget.
As adequate protection, Citizens Bank will receive a replacement
lien on the Debtor's post-petition property (excluding Chapter 5
avoidance proceeds) that is similar to its pre-bankruptcy
collateral. Replacement lien is automatically valid and perfected
as of the Petition Date.
In addition, the Debtor must make monthly payments of $13,461 as
further protection, plus escrow payments of $1,885.43.
About Platinum Beauty Bar and Spa LLC
Platinum Beauty Bar and Spa, LLC is a full-service spa in Conyers,
Georgia. The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Ga. Case No. 23-51222) on September 1,
2023. In the petition signed by Rebecca Davis, sole member, the
Debtor disclosed up to $10 million in both assets and liabilities.
Judge Austin E. Carter oversees the case.
William Rountree, Esq., at Rountree, Leitman, Klein & Geer, LLC,
represents the Debtor as legal counsel.
Citizens Bank, as lender, is represented by John A. Thomson, Jr.,
Esq., at Adams and Reese LLP.
POSH QUARTERS: Seeks to Hire Mickler & Mickler as Attorney
----------------------------------------------------------
Posh Quarters LLC seeks approval from the U.S. Bankruptcy Court for
the Middle District of Florida to hire Law Offices of Mickler &
Mickler, LLP as attorney.
The firm will provide general representation to the Debtor in the
bankruptcy case and perform all legal services necessary.
The firm will be paid a retainer in the amount of $300 to $400 per
hour.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Bryan K. Mickler, Esq., a partner at Law Offices of Mickler &
Mickler, 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:
Bryan K. Mickler, Esq.
. Law Offices of Mickler & Mickler, LLP
5452 Arlington Expressway
Jacksonville, FL 322211
Tel: (904) 725-0822
Fax: (904) 725-0855
About Posh Quarters LLC
Posh Quarters LLC is a small business based in Melrose, Florida.
Posh Quarters LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02748) on
August 8, 2025. In its petition, the Debtor reports estimated
assets between $1.1 million and $1.2 million and estimated
liabilities between $1.6 million and $1.7 million.
Honorable Bankruptcy Judge Jason A. Burgess handles the case.
The Debtor is represented by Bryan K. Mickler, Esq. at Mickler &
Mickler.
PUERTO RICO: PREPA Bondholders Move to Terminate Reorg. Deal
------------------------------------------------------------
Rick Archer of Law360 reports that the bondholders of Puerto Rico's
electric utility, Puerto Rico Electric Power Authority (PREPA),
said in New York federal court they intend to walk away from their
three-year-old restructuring pact if plan confirmation is not
achieved by October 2025.
About Puerto Rico
Puerto Rico is a self-governing commonwealth in association with
the United States. The chief of state is the President of the
United States of America. The head of government is an elected
Governor. There are two legislative chambers: the House of
Representatives, 51 seats, and the Senate, 27 seats. The
governor-elect is Ricardo Antonio Rossello Nevares, the son of
former governor Pedro Rossello.
In 2016, the U.S. Congress passed PROMESA, which, among other
things, created the Financial Oversight and Management Board and
imposed an automatic stay on creditor lawsuits against the
government, which expired May 1, 2017.
The members of the oversight board are: (i) Andrew G. Biggs, (ii)
Jose B. Carrion III, (iii) Carlos M. Garcia, (iv) Arthur J.
Gonzalez, (v) Jose R. Gonzalez, (vi) Ana. J. Matosantos, and (vii)
David A. Skeel Jr.
On May 3, 2017, the Commonwealth of Puerto Rico filed a petition
for relief under Title III of the Puerto Rico Oversight,
Management, and Economic Stability Act (PROMESA). The case is
pending in the United States District Court for the District of
Puerto Rico under case number 17-cv-01578. A copy of Puerto Rico
PROMESA petition is available at
http://bankrupt.com/misc/1701578-00001.pdf
On May 5, 2017, the Puerto Rico Sales Tax Financing Corporation
(COFINA) commenced a case under Title III of PROMESA (D.P.R. Case
No. 17-01599). Joint administration has been sought for the Title
III cases.
On May 21, 2017, two more agencies; Employees Retirement System of
the Government of the Commonwealth of Puerto Rico and Puerto Rico
Highways and Transportation Authority (Case Nos. 17-01685 and
17-01686) commenced Title III
cases.
U.S. Chief Justice John Roberts named U.S. District Judge Laura
Taylor Swain to preside over the Title III cases.
The Oversight Board has hired as advisors, Proskauer Rose LLP and
Neill & Borges LLC as legal counsel, McKinsey & Co. as strategic
consultant, Citigroup Global Markets as municipal investment
banker, and Ernst & Young, as financial advisor.
Martin J. Bienenstock, Esq., Scott K. Rutsky, Esq., and Philip M.
Abelson, Esq., of Proskauer Rose LLP; and Hermann D. Bauer, Esq.,
at O'Neill & Borges LLC are onboard as attorneys.
Prime Clerk LLC is the claims and noticing agent. Prime Clerk
maintains the case Web site
https://cases.primeclerk.com/puertorico
Jones Day is serving as counsel to certain ERS bondholders.
Paul Weiss is counsel to the Ad Hoc Group of Puerto Rico General
Obligation Bondholders.
QSR STEEL: CBIZ Can Be Paid $100,000 for Now
--------------------------------------------
Judge James J. Tancredi of the United States Bankruptcy Court for
the District of Connecticut approved in part and denied in part the
final application for compensation of CBIZ, Inc., QSR Steel
Corporation, LLC's accountant.
The Debtor partook in a lengthy and contested bankruptcy under
Subchapter V of Chapter 11 of the Bankruptcy Code, beginning with
its filing on June 18, 2024. On April 28, 2025, this Court entered
an Order Confirming Debtor's First Amended Subchapter V Plan of
Reorganization, as Modified under 11 U.S.C. Secs. 1129 and 1191.
On May 30, 2025, the Debtor's Accountant, CBIZ, filed its Final
Application for Compensation. On June 23, 2025, the U.S. Trustee
filed its statement of No Objection.
CBIZ filed its Interim Application for Compensation for CBIZ, Inc.,
as Financial Advisor on March 17, 2025, seeking expenses totaling
$109,680.00 and $0.00 in fees. A hearing was held on the Interim
Application on April 22, 2025, at which the Debtor attested that
CBIZ had really served as not only an accountant, but also a
financial advisor. Further, the Debtor noted that now that CBIZ had
successfully implemented new business processes at QSR, the goal
moving forward was for CBIZ's role to gradually diminish as it
assisted the Debtor's employees in assuming complete ownership of
the new business processes. An Order Approving First Interim
Application for Allowance of Compensation and Reimbursement of
Expenses was entered on April 29, 2025, awarding CBIZ the entirety
of the fees and expenses sought.
On July 31, 2025, the Debtor surprisingly filed its Objection to
Final Application of CBIZ as Accountants and Financial Advisors for
Debtor, , wherein the Debtor through its principal elaborated on
various issues and concerns with the Final Application.
The Debtor argues that the Retention Application that CBIZ filed
imposed a cap on any request for compensation at $100,000.00. It
had already paid CBIZ, Inc. $109,680.00 after the Court granted the
Interim Fee Application on April 29, 2025. Accordingly, the Debtor
believes CBIZ's request for an additional $24,840.00 is
unsupportable and that the Debtor should not be required to pay any
additional fees.
The Debtor contends that certain tasks that CBIZ should have
completed remain outstanding. It asserts that CBIZ failed to:
(i) complete certain tax returns and advice concerning the
accounting treatment of the corporate debt eliminated pursuant to
the confirmed Plan;
(ii) properly transition the responsibilities for the QSR
engagement to other personnel at CBIZ and effectively left them
without necessary financial support; and
(iii) implement certain financial policies and procedures that
were to be provided as part of the bankruptcy engagement.
The Debtor asserts that, as CBIZ has refused to provide certain
financial support on the basis that the Engagement Letter between
the parties terminates the engagement as of December 31, 2024, the
Debtor should similarly not be obligated to pay any fees incurred
after January 1, 2025.
The Debtor alleges CBIZ has failed to account for the $20,000
prepetition retainer that was paid to its predecessor-in-interest
(Marcum, LLP) prior to the commencement of this bankruptcy case, as
was required. It contends that even if the Court were to grant the
Final Fee Application for $24,840.00, the only amount outstanding
would really be $4,840 through the application of the retained
funds.
A final hearing was held on August 7, 2025.
The Court agrees that there is a contractual cap of $100,000
imposed in the Retention Application, but concludes an additional
period of time is appropriate to allow CBIZ to file a Response to
the Objection should it wish to adduce additional evidence refuting
the Debtor's grievances.
The Court ordered as follows:
1. The final Application for Compensation is approved in part
and denied in part.
2. The fees of CBIZ incurred in this matter shall be limited to
the aggregate $100,000.00 cap imposed in the Retention
Application.
3. The $109,680.00 in fees and expenses which CBIZ has received
shall remain subject to disgorgement as a result of any potential
failure to complete the tasks contemplated in the Retention
Application and Engagement Letter, overpayment of fees, or a
failure to credit or return the $20,000.00 retainer.
4. If the Debtor seeks further enforcement of this Order,
disgorgement as provided, or other affirmative relief against CBIZ,
it shall file a Supplemental Objection to the Final Application of
CBIZ by September 3, 2025, delineating such claims with supporting
legal authority, and appear to be heard at an evidentiary hearing
thereon, along with any CBIZ Response, to be held in this Court on
September 10, 2025, at 11:00 A.M.;
5. In the event that no Supplemental Objection is filed by the
Debtor or CBIZ, the Final Fee Application will be deemed finally
approved for the sums ($109,680.00 in fees and expenses and the
$20,000.00 retainer) paid to CBIZ and no further relief shall be
accorded to the Debtor or CBIZ.
A copy of the Court's Memorandum of Decision and Order dated August
21, 2025, is available at https://urlcurt.com/u?l=QHyWMe from
PacerMonitor.com.
About QSR Steel Corporation
QSR Steel Corporation, LLC is a one-stop, full service structural
steel company based in Hartford, Conn., offering everything from
steel buildings to stairs and railings.
QSR Steel filed Chapter 11 petition (Bankr. D. Conn. Case No.
24-20562) on June 18, 2024, with $2,838,179 in assets and
$2,124,057 in liabilities as of March 31, 2024. Glenn Salamone, a
member of QSR Steel, signed the petition.
Judge James J. Tancredi oversees the case.
Irve J. Goldman, Esq., at Pullman & Comley, LLC is the Debtor's
legal counsel.
Liberty Bank, as secured creditor, is represented by:
Linda c. Hadley, Esq.
Gfeller Laurie, LLP
West Hartford Center
977 Farmington Avenue, Suite 200
West Hartford, CT 06107
Phone: 860-760-8428/860-760-8400
Fax: 860-760-8401
E-mail: lhadley@gllawgroup.com
QVC GROUP: S&P Downgrades ICR to 'CCC', Outlook Negative
--------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on retailer QVC
Group Inc. by one notch to 'CCC' from 'CCC+'.
S&P said, "At the same time, we lowered our issue-level ratings on
the secured notes to 'CCC' from 'B-' and lowered the recovery
rating to '3' from '2', indicating our expectation for meaningful
(50%-70%, rounded estimate 55%) recovery in the event of a payment
default. We lowered our issue-level rating on the senior unsecured
notes to 'CC' from 'CCC-' and the recovery rating remains '6',
indicating our expectation for negligible (0%-10%, rounded
estimate: 0%) recovery in the event of a payment default.
"The negative outlook reflects that we could lower our ratings if
we believe a default scenario is inevitable within the subsequent
six months or the company announces a debt exchange that we view as
distressed.
"The downgrade reflects elevated risk that QVC will pursue a debt
exchange that we would view as distressed in advance of a looming
maturity. As of Aug. 1, 2025, QVC drew $975 million on its RCF, due
October 2026. Subsequently, the revolver has approximately $200
million of availability and a total of $2.9 billion drawn. Earlier
in the year, the company removed the Cornerstone entity as a
guarantor on its RCF. Cornerstone makes up a small portion of the
company's overall revenue and was removed as a guarantor. We view
these actions as likely preparation for a debt exchange or balance
sheet restructuring that we could view as tantamount to default.
"Additionally, following the revolver draw, QVC's cash balance is
$1.87 billion, which, in conjunction with the company's weak cash
flow generation, is insufficient to cover the facility when it
matures in October 2026. We believe the company will have
difficulty refinancing the revolver on satisfactory terms due to
its continued weak performance and negative free operating cash
flow (FOCF). Furthermore, the debt is trading at 60 cents on the
dollar, which could facilitate a distressed exchange. The company
paid off its notes due in February of this year. Also, the company
has a complex capital structure, which we believe will add
additional pressure to liquidity.
"We expect continued weak performance due to the secular decline of
its business. We revised our business risk profile on QVC to
vulnerable from weak given the continued secular decline of its
business operations from declines in TV viewership as customers
switch to streaming services and social media applications. We
lowered our forecast for 2025 given the weak performance in the
first half of the year. In the second quarter of 2025, the company
reported a 7% year-over-year decrease in revenues to $2.2 billion
due to weaker consumer sentiment, volatile news cycle, and further
cost pressures from potential tariffs. While the company has
implemented strategic initiatives, we believe it will take time to
see a positive effect. S&P Global Ratings forecasts revenues will
continue to decline 8.3% in 2025.
"The negative outlook reflects that we could lower the ratings if a
default scenario appears inevitable in the subsequent six months or
if the company announces a debt exchange offer that we view as
tantamount to default."
S&P could lower its rating if:
-- The company is unable to refinance its revolver;
-- Continued weak operating performance and negative free cash
flow leads to a liquidity event; or
-- The company announces a debt restructuring that in S&P's view
provides the investor with less than the original promise.
S&P could take a positive rating action if QVC:
-- Successfully extends the maturity of its revolver on
satisfactory terms; and
-- Operating performance improves whereby there are no longer
near-term liquidity pressures.
R2 MARKETING: Gets Final OK to Use Cash Collateral
--------------------------------------------------
R2 Marketing and Consulting, LLC received final approval from the
U.S. Bankruptcy Court for the Central District of California, Santa
Ana Division, to use cash collateral.
The use of cash collateral is approved on a final basis on the same
terms as previously approved.
The Debtor requires the use of cash collateral to continue
operations while sorting out disputes over merchant cash advance
agreements.
The Debtor's business faced hardship after losing a large contract,
leading to reliance on MCA agreements, which created daily
withdrawals and strained operations. Although a new contract has
stabilized income, the Debtor is dealing with legal disputes,
including a potential lawsuit from Instafunding and a lien that
blocked $70,000 of funds.
The Debtor operates a medical transportation service in California
and contracts with health care companies to provide transportation
for medical appointments. Despite the setbacks, the business has
steady income from contracts with AltaMed and others.
About R2 Marketing & Consulting
R2 Marketing & Consulting, LLC is a full-service non-emergency
medical transportation company operating throughout Orange County
and surrounding areas, providing safe and reliable transport for
patients to various medical appointments. The Company's services
include transportation for doctor's visits, physical therapy,
hospice care, assisted living, and more.
R2 Marketing & Consulting sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10631) on March
12, 2025. In its petition, the Debtor reported total assets of
$5,354 and total liabilities of $2,285,519.
Judge Scott C. Clarkson oversees the case.
Michael R. Totaro, Esq., at Totaro and Shanahan, LLP, represents
the Debtor as legal counsel.
RYAN SPECIALTY: Moody's Hikes CFR to Ba3 & Alters Outlook to Stable
-------------------------------------------------------------------
Moody's Ratings has upgraded Ryan Specialty, LLC's (Ryan Specialty)
corporate family rating to Ba3 from B1 and its probability of
default rating to Ba3-PD from B1-PD based on the company's growing
market presence and Moody's expectations that Ryan Specialty will
maintain financial leverage below its recent elevated levels.
Moody's also upgraded Ryan Specialty's senior secured first-lien
bank credit facilities and notes ratings to Ba3 from B1. The rating
outlook for Ryan Specialty has changed to stable from positive.
RATINGS RATIONALE
The ratings upgrade reflects Ryan Specialty's strong market
position in wholesale brokerage, binding authority and managing
general underwriting services with delegated authority for
insurance brokers, agents and carriers mainly in the US, with a
smaller presence in the UK, Europe, Canada, India and Singapore.
The company continues to add scale as it generates robust revenue
growth organically and through acquisitions. Moody's expects
adjusted EBITDA to align more closely with reported EBITDA as costs
of a recent large acquisition and a restructuring program roll off.
Moody's also expects that Ryan Specialty will maintain a pro-forma
debt-to-EBITDA ratio below 4.5x (per Moody's calculations, which
incorporate pension and lease adjustments), with (EBITDA - capex)
interest coverage above 3.5x, and a free-cash-flow-to-debt ratio in
the high single digits.
Governance considerations were a key driver of this rating action.
Moody's revised Ryan Specialty's ESG Credit Impact Score (CIS) to
CIS-3 from CIS-4 to reflect the change in the Governance Issuer
Profile Score (IPS), which was changed to G-3 from G-4, to reflect
the company's lower financial leverage.
Ryan Specialty's ratings reflect its strong presence in specialty
insurance brokerage, broad diversification across clients and
carriers, and solid EBITDA margins along with good free cash flow.
These strengths are offset by the company's significant financial
leverage, integration risk associated with acquisitions, and
potential liabilities arising from errors and omissions, a risk
inherent in professional services. Ryan Specialty uses borrowed
funds, along with internally generated cash, to help fund organic
growth and acquisitions, and has a good record of absorbing smaller
brokers.
For the 12 months through June 2025, Ryan Specialty generated over
$2.8 billion of revenue, up from $2.5 billion in 2024, reflecting
acquisitions and robust organic growth. The company has achieved
strong organic growth over the past several years based on
heightened demand for specialty insurance products, a continuing
shift of business from the standard market into the excess and
surplus lines market, and rising P&C insurance rates. Moody's
expects somewhat lower organic growth in the low double digits or
high single digits in the year ahead based on slowing economic
growth and a weaker rate environment for some commercial P&C
insurance lines.
Ryan Specialty expanded its EBITDA margin to nearly 26% (per
Moody's calculations) for the 12 months through June 2025. The
company expects to generate annual savings of approximately $60
million, before reinvestment, from its recently completed
restructuring program which, combined with its increased scale and
lower acquisition costs, should further improve EBITDA margins over
the next year.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade of Ryan Specialty's ratings
include: (i) debt-to-EBITDA ratio below 3.8x, (ii) (EBITDA –
capex) coverage of interest exceeding 4.5x, and (iii)
free-cash-flow-to-debt ratio exceeding 10%.
Factors that could lead to a downgrade of Ryan Specialty's ratings
include: (i) debt-to-EBITDA ratio above 4.5x, (ii) (EBITDA –
capex) coverage of interest below 3.5x, (iii)
free-cash-flow-to-debt ratio below 7%, or (iv) delay or disruption
in integration of acquired operations.
The principal methodology used in these ratings was Insurance
Brokers and Service Companies published in February 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Founded in 2010 and based in Chicago, Illinois, Ryan Specialty is a
specialty insurance broker providing wholesale brokerage, binding
authority and managing general underwriting services with delegated
authority for insurance brokers, agents and carriers mainly in the
US and also in the UK, Europe, Canada, India and Singapore. The
company generated revenue of $2.8 billion and net income of $192
million during the 12 months ended June 30, 2025.
SENOIA DRUG: Gets Final OK to Use Cash Collateral
-------------------------------------------------
Senoia Drug Co Inc. received final approval from the U.S.
Bankruptcy Court for the Northern District of Georgia, Newnan
Division, to use cash collateral through confirmation of its
Chapter 11 plan or until the case is converted or dismissed.
The court authorized the Debtor's final use of cash collateral to
pay operating expenses in accordance with its budget, with
line-item modifications allowed up to 15%, and unused amounts may
be carried over.
The Debtor projects total operational expenses of $50,514 for
August; $64,494 for September; $47,382 for October; $47,382 for
November; $49,567 for December; and $61,832 for January 2026.
The Debtor was also authorized to fund a post-petition escrow for
payment of the Subchapter V trustee's fees in the amount of $1,000
per month to be held in escrow by the Debtor's counsel pending
further court order.
As protection for the Debtor's use of their cash collateral,
secured creditors will be granted replacement liens on assets
acquired by the Debtor after the bankruptcy filing similar to their
pre-bankruptcy collateral.
The replacement liens will have the same validity and priority as
the secured creditors' pre-bankruptcy liens.
The secured creditors are AmerisourceBergen Drug Corporation; Five
Star Bank; PioneerRx, LLC; Lendistry SBLC, LLC; C T Corporation
System as representative; CHTD Company as representative;
Corporation Service Company as representative; BayFirst National
Bank; Celtic Bank Corporation, Greyhaven Partners; ODK Capital, LLC
doing business as OnDeck; Small Business Financial Solutions, LLC
doing business as Rapid Finance; and WebBank.
About Senoia Drug Co Inc.
Senoia Drug Co Inc. operates a full-service retail pharmacy in
Senoia, Georgia. The Company provides prescription medications,
compounding services, immunizations, medication therapy management,
durable medical equipment. It also offers local delivery and
digital refill services through a mobile app.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-11060) on July 21,
2025. In the petition signed by J. Bryan Hazelton, chief executive
officer, the Debtor disclosed up to $50,000 in assets and up to $10
million in liabilities.
Bethany Strain, Esq., at Jones and Walden, LLC, represents the
Debtor as legal counsel.
BayFirst National Bank, as secured creditor, is represented by:
A. Todd Sprinkle, Esq.
Parker Poe Adams & Bernstein, LLP
1075 Peachtree Street NE, Suite 1500
Atlanta, GA 30309
Phone: 678.690.5702
Fax: 404.869.6972
toddsprinkle@parkerpoe.com
SIX COOKS: Seeks to Hire Ayers & Haidt PA as Bankruptcy Counsel
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Six Cooks LLC seeks approval from the U.S. Bankruptcy Court for the
Eastern District of North Carolina to employ Ayers & Haidt, P.A. to
serve as legal counsel in its Chapter 11 case.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
The firm will be paid a retainer in the amount of $11,500.
David J. Haidt, Esq., a partner at Ayers & Haidt, PA, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
David J. Haidt, Esq.
AYERS & HAIDT, PA
P.O. Box 1544
307 Metcalf Street
New Bern, NC 28563
Tel: (252) 638-2955
Email: davidhaidt@embarqmail.com
About Six Cooks LLC
Six Cooks LLC, d/b/a Blue Forest Market, Industrial Puppy, Wild
Baby, and Pro Nutrition Labs, operates as a limited liability
company managing multiple businesses under various DBAs including
Blue Forest Market, Industrial Puppy, Wild Baby, and Pro Nutrition
Labs. The Company's operations span retail sales of toys and
household goods, manufacturing and sales of service animal
products, nutritional supplements, and other specialized product
lines.
Six Cooks LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D.N.C. Case No. 25-03043) on August 8, 2025. In its
petition, the Debtor reports total assets of $630,133 and total
liabilities of $2,103,297.
Honorable Bankruptcy Judge David M. Warren handles the case.
The Debtor is represented by David J. Haidt, Esq. at AYERS & HAIDT,
PA.
SMYRNA READY: Moody's Lowers CFR to B1 & Alters Outlook to Stable
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Moody's Ratings downgraded Smyrna Ready Mix Concrete, LLC's
(Smyrna) corporate family rating to B1 from Ba3, probability of
default rating to B1-PD from Ba3-PD and the company's backed senior
secured notes and backed senior secured bank credit facility
ratings to B1 from Ba3. At the same time, Moody's changed the
outlook to stable from negative.
The downgrade of the CFR to B1 reflects Smyrna's high debt load and
Moody's expectations that Smyrna's credit metrics will only
moderately improve in the next two years given weaker economic
conditions and despite recent improvements in Smyrna's
profitability. Nevertheless, the direct impact from tariffs will be
limited for Smyrna.
"The downgrade to B1 reflects ongoing economic uncertainties that
could slow down the pace of construction projects, reducing
Smyrna's growth trajectory through 2026," says Peter Doyle, a
Moody's Ratings VP-Senior Analyst. "However, management's efforts
to improve its cost structure and the resulting margin improvement
allow Smyrna to contend with ongoing disruptions in its end market
and supports the stable outlook," added Doyle.
RATINGS RATIONALE
Smyrna's B1 CFR reflects the company's high leverage, remaining
above 5.5x debt/EBITDA through 2026, absent a material
strengthening of current industry conditions, and low interest
coverage, with EBIT/interest expense in the range of 1.5x – 1.7x
over the next 18 months. Past debt-financed acquisitions have
increased Smyrna's fixed charges. The US construction industry, the
primary driver of Smyrna's revenue, is cyclical and currently
experiencing softness in demand. Moody's expects higher volatility
in volumes and earnings for Smyrna over the next 12-18 months. At
the same time, Smyrna faces intense competition because the
industry is highly fragmented and very local.
Offsetting these credit challenges is the company's improving
operating performance due to management's efforts to reduce costs
to meet lower demand and to negotiate better terms with suppliers.
Moody's projects EBITDA margin nearing 20% by late 2026, versus
17.5% for the last 12 months ended June 30, 2025. Operating
performance is critical for leverage reduction. Meaningful scale as
the largest ready-mix concrete producer in the US, and favorable
long-term fundamentals for the construction industry remain intact,
supported by growth in data centers that require massive amounts of
concrete and other commercial projects and good long-term
fundamentals of the US housing market.
Smyrna will have adequate liquidity over the next 18 months,
constrained by limited free cash flow and availability under the
company's revolving credit facility. Moody's forecasts that free
cash flow will be modestly negative in 2025 but Moody's projects
that Smyrna will generate around nearly $80 million of free cash
flow in 2026. As of June 30, 2025, revolver availability totaled
about $250 million, after considering $145 million in borrowings,
some letters of credit issuances and the borrowing base formula.
Moody's views the size of the revolver and resulting availability
as modest relative to Smyrna's high cash interest payments of $250
million per year and capital expenditures, which Moody's projects
at about $280 million for 2026. Smyrna has no material maturities
until October 2027, when its revolving credit facility expires.
The stable outlook reflects Moody's views that leverage will
continue to trend towards 5.5x debt/EBITDA over the next 18 months.
Improving operating performance, no near-term maturities and
long-term fundamentals in the US construction industry further
support the stable outlook over the next 12-18 months.
The B1 senior secured debt ratings, the same rating as the B1 CFR,
results from their position as the preponderance of debt in
Smyrna's capital structure. The senior secured debt consists of a
senior secured term loan ($730 million as of June 30, 2025) due
April 2029, $1.1 billion senior secured notes due November 2028 and
$1.1 billion senior secured notes due November 2031. The term loan
and both notes are pari passu to each other. Each has a first lien
on substantially all noncurrent assets and a second lien on assets
securing the company's asset based revolving credit facility (ABL
priority collateral).
Reflecting the downgrade of Smyrna's CFR to B1, Moody's adjusted
the financial policy rating factor in the company's scorecard to B
from Ba. Moody's also changed Smyrna's credit impact score (CIS) to
CIS-4 from CIS-3, indicating the rating is lower than it would have
been if ESG risk exposures did not exist. Smyrna has high financial
risk from high leverage due to debt-financed acquisitions and the
challenges of executing its operational plan while facing softness
in the US construction industry and intense competition.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
A ratings upgrade is unlikely over the next 12-18 months on account
of Smyrna's high leverage. However, upwards rating movement over
the long term could occur if end markets remain supportive of
long-term organic growth such that debt/EBITDA is sustained below
4.5x and EBIT/interest expense is above 3x. Improvement in
liquidity with robust free cash flow would also support an
upgrade.
A ratings downgrade could occur if debt/EBITDA fails to improve and
stays above 5.5x and EBITA/interest is sustained below 2x. Negative
ratings pressure may develop if the company experiences
deteriorating liquidity or adopts increasingly aggressive
acquisitions.
Smyrna, headquartered in Nashville, Tennessee, is the largest
ready-mix concrete producer in the United States. The Hollingshead
family owns Smyrna. Smyrna's revenue for the 12 months ended June
30, 2025 was $3.4 billion.
The principal methodology used in these ratings was Building
Materials published in September 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
SOUND INPATIENT: S&P Upgrades ICR to 'B-', Outlook Stable
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S&P Global Ratings raised its issuer credit rating on Sound
Inpatient Physicians Inc. (Sound) to 'B-' from 'CCC+'.
S&P said, "We also raised our issue-level ratings on the
super-senior first-out (SS1O) term loan to 'B+' from 'B',
super-senior second-out (SS2O) term loan to 'B-' from 'CCC+', and
super-senior third-out (SS3O) term loan to 'CCC' from 'CCC-'.
"The stable outlook reflects our expectations for steady revenue
growth and EBITDA margins over the next 12 months, supporting
sustained, positive discretionary cash flow.
"Sound has seen material operational improvement during 2025, with
EBITDA contribution exceeding our previous forecast and
management's budget.
"We now expect Sound will generate positive discretionary cash flow
over the next several years despite S&P Global Ratings-adjusted
debt to EBITDA remaining high at above 7x.
"Sound's operating performance is exceeding our expectations in
2025." Revenue for the year-to-date period ended June 30, 2025, was
up 3.6% over the same period last year, well ahead of the company
budget. This was driven by improved volume in the core business and
growing accountable care organization (ACO) contribution.
The company's S&P Global Ratings-adjusted EBITDA margins were 6.7%
for the year-to-date period ended June 30, 2025, up from 3% during
fiscal year 2024 and negative contributions during fiscal 2023.
This improvement was largely driven by the roll off of substantial
one-time costs related to unprofitable contract exits and lower
temporary labor expenses. S&P said, "We also expect EBITDA
contribution to improve through the back half of 2025 due to some
seasonality. As a result, we now expect credit metrics for the full
year 2025 to be stronger than our last forecast, with projected
debt to EBITDA of 7.7x versus 10.5x previously."
S&P said, "We expect cash flow generation to be positive going
forward despite high S&P Global Ratings-adjusted debt to EBITDA. We
expect discretionary cash flow will remain positive throughout the
forecast period due to the increase in EBITDA. For the full year
2025, we now forecast discretionary cash flow will be about $10
million, despite a onetime $26 million cancellation of debt income
(CODI) tax payment due in the second half of the year.
"In 2026 and beyond, we forecast discretionary cash flow generation
will be much improved, in excess of 3% of debt annually. However,
due partially to the pay-in-kind (PIK) component of several
tranches of debt, we expect S&P Global Ratings-adjusted debt to
EBITDA will remain very high at above 7x through at least 2027.
"In our view, the company's capital structure appears much more
sustainable compared with our previous forecast, especially as it
approaches the next round of refinancing in 2028. This is supported
by the trading values on the SS2O and SS3O term loans, which have
increased substantially over the past year. We would still expect
Sound to generate positive cash flow even if it elected to pay cash
interest on its debt and believe that it could successfully
refinance its entire capital structure without materially
increasing its cash interest.
"Liquidity is adequate, despite the lack of a revolving credit
facility. Sound had $182.5 million of cash on its balance sheet as
of June 30, 2025. We expect cash to accumulate modestly over the
next few years because we do not project any meaningful deployment
of capital (for mergers and acquisitions or anything else), given
the lack of a revolver or asset-based lending facility. The SS1O
term loan is subject to a 9.75x maximum leverage covenant, but we
expect the company to maintain at least a 40% EBITDA cushion with
this covenant."
Sound remains a midsized player in the highly fragmented and
competitive physician staffing industry. The company competes
directly with larger peers with its hospitalist, emergency
medicine, critical care, and anesthesiology staffing segments,
including market leaders like Team Health (B-/Stable), Envision,
and U.S. Anesthesia Partners (B/Stable). The industry is highly
fragmented and competitive, with low barriers to entry, which could
constrain significant long-term revenue growth and profit margin
expansion for Sound going forward.
S&P said, "The stable outlook reflects our expectation that Sound
will continue to perform well over the next 12 months, resulting in
mid-single-digit percent revenue growth and positive discretionary
cash flow generation.
“We could lower our rating if we believe Sound will not be able
to sustain positive discretionary cash flow sufficient to offset
the PIK component on its debt. This could lead us to believe that
the capital structure is no longer sustainable. Alternatively, we
could lower the rating if we do not believe the company will be
able to refinance its capital structure well in advance of its next
maturity in 2028."
Although very unlikely over the next 12 months, S&P could consider
a higher rating if:
-- Sound continues to materially exceed our base-case scenario for
revenue and EBITDA expansion;
-- Management demonstrates a longer track record for operational
success and conservative financial policy; and
-- It sustains discretionary cash flow to debt above 5%, inclusive
of all cash pay elections on the company's debt.
SOUTHWEST FIRE: Seeks to Use Cash Collateral Until Oct. 31
----------------------------------------------------------
Southwest Fire Defense, LLC asks the U.S. Bankruptcy Court for the
District of New Mexico for authority to use cash collateral through
October 31.
This relief is deemed urgent as the Debtor claims it would face
potential shutdown and loss of employee morale without the ability
to use its cash to fund payroll and operational expenses and
maintain vendor and customer relationships.
The Debtor identifies three secured creditors with an interest in
cash collateral:
1. Kapitus LLC owed approximately $120,000 with a security interest
in accounts receivable and other assets. Kapitus has also obtained
a pre-petition judgment and filed a UCC-1 under the name
FirstInLine Capital. The Debtor has reached a consensual agreement
with Kapitus for post-petition use of cash collateral.
2. U.S. Small Business Administration owed approximately $284,569
under an Economic Injury Disaster Loan (EIDL). The SBA's security
interest is perfected via a UCC-1 filing dated June 28, 2020. The
Debtor has had no success contacting SBA for consent despite
attempts.
3. Cadence Bank owed approximately $326,000, secured by all
business assets. A UCC-1 was filed on February 24, 2021, though it
contains a minor typo in the Debtor's name. The Debtor believes
this is not seriously misleading and has reached a consent
agreement with Cadence for the use of cash collateral.
The Debtor also identifies two other entities -- Altec Capital
Services, LLC and CFG Solutions -- that do not have valid interests
in cash collateral. Altec's UCC-1 is tied only to leased equipment
and its proceeds while CFG is a creditor of an individual (Daniel
Martinez) and not the Debtor.
Since Kapitus and Cadence have consented, the only remaining issue
involves use of SBA's collateral without explicit consent, which
the Debtor addresses by proposing adequate protection.
To protect SBA's interest, the Debtor proposes granting replacement
liens on all of SBA's pre-petition collateral and its post-petition
proceeds. These liens would be effective as of the petition date
and require no further documentation or filings to be perfected.
Additionally, the Debtor argues that SBA is further protected by
the Debtor's responsible operation and maintenance of the
collateral and by the fact that projected cash flow is sufficient
to avoid new tax liens that could prime SBA's claim.
A copy of the motion is available at https://urlcurt.com/u?l=w7Lc4I
from PacerMonitor.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.
SPIN HOLDCO: S&P Cuts ICR to 'CCC' on Increasing Refinancing Risk
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S&P Global Ratings lowered its issuer credit rating on Plainview,
N.Y.-based outsourced laundry service provider Spin Holdco Inc.'s
(d/b/a CSC ServiceWorks) to 'CCC' from 'CCC+' and its issue-level
rating on the company's revolver and first-lien term loan to 'CCC'
from 'CCC+'.
The negative outlook reflects the risk that S&P will lower its
rating on Spin if S&P believes it will be unable to address the
maturity of its revolving credit facility in a manner that leaves
it with sufficient liquidity to support its business needs and
remain in compliance with its debt covenants. In addition, the
negative outlook reflects the rising potential the company will
engage in a distressed restructuring or experience a payment
default in the next six months.
Spin's revolving credit facility matures in March 2026. While the
company has sufficient cash to repay its borrowings at maturity,
doing so would materially weaken its liquidity, which could prompt
a going-concern qualification by its auditors.
Therefore, Spin will likely need to refinance or extend the
facility's maturity. However, this could be difficult, given the
company's history of weak free operating cash flow (FOCF)
generation and the distressed trading levels of its debt, which
lead us to anticipate mounting risk of a default occurring in the
next 12 months.
S&P said, "Given Spin's constrained liquidity, we anticipate
increasing refinancing risk related to its revolver due March 4,
2026. The company's capital expenditure (capex) and debt service
requirements have continued to impede its ability to generate
positive FOCF. Therefore, it has relied on its revolver to bridge
its cash needs, leading it to accumulate $98 million of outstanding
borrowings, which compares with its $60 million revolver balance
for the quarter ended June 2024. While Spin's $126 million cash
balance as of June 2026 appears sufficient to repay its revolver at
maturity, we think it will likely need to extend or repay the
revolver soon because we expect its remaining liquidity following
the repayment will be minimal. This is because $18 million of the
company's remaining liquidity would be restricted to support its
letters of credit (LOCs), while another portion would comprise the
coins in its laundry and air machines. If Spin's liquidity
contracts to these levels, we believe it could challenge its
ability to clear a going-concern warning from its new auditors."
Operating measures implemented to improve revenue and profitability
are insufficient to bolster refinancing prospects. S&P said, "We
expect the company will improve its credit measures for the year
ending March 2026, including modest increases in its revenue (about
3%; largely due to price increases) and EBITDA margin (by about 150
basis points due to cost reductions, flow-through from the price
increases, and a rising proportion of more-profitable contracts as
less-favorable contracts mature). However, we do not believe these
improvements will increase the company's cash flow to a sufficient
level to cover its heavy debt service burden and capex needs."
Spin has about $1.9 billion of floating-rate debt obligations on
its balance sheet. S&P said, "Based on our forecast for a slow
decline in interest rates, we expect the company will need to pay
about $171 million of interest on its debt for the year ending
March 2026, which is down from the $195 million it paid in the
fiscal year ended March 2025. Nevertheless, we still view Spin as
facing a high interest burden. Additionally, the company will need
to pay about $20 million of required amortization on its Term Loan
B and about $15 million for its leases. Also, given its continued
need to invest in laundry machines, we expect Spin will face capex
needs of at least $130 million. We expect these combined fixed
charges will exceed the company's profitability, leading to a cash
deficit of about $20 million for the year ending March 2026."
S&P said, "We believe Spin will continue to face heightened default
risk. Even if the company successfully addresses its looming
revolver maturity and meets its covenant requirements relating to
the 2026 audit, this would leave it with a constrained liquidity
position. Under this scenario, it would have a limited cushion to
absorb cash flow short falls after debt service. We believe this
would likely make it challenging for Spin to sufficiently fund its
required capex business investments. The recent departure of the
company's CEO adds a further layer of operational uncertainty and
execution risk.
"We think these challenges would likely impede some of Spin's
recent operating momentum--including its rising revenue and
profitability trends--and thus complicate the prospects for a
comprehensive refinancing of its $1.9 billion term loan, which
currently trades at about 85% of par, when it matures in March
2028. We also believe that if the company's prospects for
refinancing this maturity or raising new capital remain limited,
this could incentive its sponsors to pursue a debt restructuring
that we would consider tantamount to a default.
"The negative outlook reflects the risk that we will lower our
rating on Spin if we believe it will be unable to address the
maturity of its revolving credit facility in a manner that leaves
it with sufficient liquidity to support its business needs and
remain in compliance with its debt covenants. In addition, the
negative outlook reflects the rising potential the company will
engage in a distressed restructuring or experience a payment
default in the next six months.
"We could lower our rating on Spin if we see elevated risk it will
undertake a distressed debt restructuring or experience a payment
default in the next six months.
"We could raise our ratings on Spin over the next 12 months if it
continues to improve its operating performance and successfully
addresses its 2026 debt maturities, either by completing a
refinancing or receiving external support from its shareholders,
such that we no longer view a distressed restructuring or payment
default as likely in the next 12 months."
SPIRIT AIRLINES: Moody's Cuts CFR to Caa3 & Alters Outlook to Neg.
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Moody's Ratings downgraded the ratings of Spirit Airlines, LLC
("Spirit") including its corporate family rating to Caa3 from Caa1
and its probability of default rating to Caa3-PD from Caa1-PD. At
the same time, Moody's downgraded the backed senior secured notes
(loyalty financing) rating of Spirit IP Cayman Ltd. ("Spirit IP")
to Caa3 from Caa1. Spirit's speculative grade liquidity rating
(SGL) was downgraded to SGL-4 from SGL-3. The outlooks for Spirit
and Spirit IP were changed to negative from stable.
The downgrade reflects Spirit's deteriorating liquidity given
higher than expected cash burn relative to Moody's forecasts when
Moody's assigned ratings to Spirit when it emerged from bankruptcy
in March 2025. Moody's forecasts Spirit will burn more than $500
million of cash in 2025 due to weak domestic leisure demand,
elevated domestic capacity and a challenging pricing environment.
Moody's forecasts this amount of cash burn will result in the
company violating its minimum liquidity covenant of $450 million as
early as the end of 2025, barring any liquidity raises by the
company. Also pressuring Spirit's liquidity is the requirement of
additional collateral required by its credit card processor. Spirit
entered into an amended agreement with its credit card processor
which requires Spirit to transfer $50 million to a pledged account
in favor the bank. Spirit also agreed to allow the bank to hold
back up to $3 million per day until the bank's exposure is fully
collateralized and allow the bank to remain fully collateralized as
its exposure increases or decreases. In exchange, the agreement was
extended to December 31, 2027 from December 31, 2025. Spirit
reported unrestricted cash of $408 million at June 30, 2025. The
company has few options to raise additional liquidity as all of its
assets are encumbered.
RATINGS RATIONALE
The Caa3 CFR reflects Spirit's weak liquidity and the operating
environment for airlines that have limited revenue diversification.
Spirit is facing a difficult operating environment with earnings
pressured by high labor costs and a limited ability to raise fares
due to excess capacity and weak demand in the economy segment of
the US airline industry. The company continues to put in place its
plan to augment its operations by introducing a premium offering,
improving the guest experience, implementing network changes to
increase utilization and focusing on markets with more balanced
supply and demand, and introducing additional products to drive
customer loyalty. However, it will take time to see material
earnings benefits from these actions. The current operating
environment and intense competition from the basic economy
offerings of legacy carriers and other low cost airlines that are
adjusting their strategies to capture some of the strong premium
demand will make it difficult for Spirit to turnaround its
operations.
The negative outlook reflects the company's weak liquidity and
Moody's expectations of continued cash burn.
Spirit's liquidity is weak given Moody's forecasts of more than
$500 million of cash burn in 2025. Spirit reported unrestricted
cash of $408 million at June 30, 2025. On August 21, 2025, the
company fully drew down its $275 million revolving credit facility.
The borrowings under the revolver will mature on March 12, 2028.
This level of cash burn, and modest sources of alternate liquidity,
will result in the company violating its minimum liquidity covenant
of $450 million as early as the end of 2025. All of the company's
assets are encumbered.
The senior secured notes are rated Caa3, in line with the CFR. The
notes are co-issued by Spirit IP Cayman Ltd. And Spirit Loyalty
Cayman Ltd. The company's unrated $275 million revolver is
collateralized a first lien on "priority collateral" including
Spirit's slots at LaGuardia Airport (subject to certain
restrictions), specific spare engines and all eligible spare parts.
The senior secured notes have a first lien on substantially all of
the assets of the co-issuers and the guarantors that are not part
of the priority collateral and a second lien on the priority
collateral.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if liquidity weakens further or if
the likelihood of a default increases. Ratings could be upgraded if
there is a material improvement in the company's liquidity and cash
flow.
The principal methodology used in these ratings was Passenger
Airlines published in August 2024.
The net effect of any adjustments applied to the rating factor
scores or scorecard outputs under the primary methodology was not
material to the ratings addressed in this announcement.
Spirit Airlines, LLC, headquartered in Dania Beach, Florida, is a
leading low-cost US airline providing service to destinations
throughout the US, Latin America and the Caribbean. Revenue was
$4.4 billion for the 12 months ended June 30, 2025.
ST VINCENT HOME: Seeks Subchapter V Bankruptcy in Florida
---------------------------------------------------------
On August 25, 2025, St Vincent Home Healthcare Agency LLC filed
Chapter 11 protection in the Middle District of Florida. According
to court filing, the Debtor reports estimated assets between $1
million and $10 million and estimated debt between $500,000 and $1
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
About St Vincent Home Healthcare Agency LLC
St Vincent Home Healthcare Agency LLC provides home health care
services, including nursing and personal support, to individuals in
Florida. Its operations focus on delivering in-home medical and
supportive care to patients requiring assistance outside of
hospital settings.
St Vincent Home Healthcare Agency LLC sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.
D. Fla. Case No.: 25-02920) on August 25, 2025. In its petition,
the Debtor reports total assets of $1,024,114 and total liabilities
of $702,961.
Honorable Bankruptcy Judge Jason A. Burgess handles the case.
The Debtor is represented by Richard A. Perry, Esq. at RICHARD A.
PERRY P.A.
ST. MATTHEW TRUST: Seeks Chapter 11 Bankruptcy in Maryland
----------------------------------------------------------
St. Matthew Trust filed for Chapter 11 bankruptcy on August 25,
2025, in the District of Maryland. The trust reported assets and
liabilities between $100,000 and $500,000 and fewer than 50
creditors. The filing notes that unsecured creditors are expected
to receive distributions.
About St. Matthew Trust
St. Matthew Trust is a business trust operating as a single asset
real estate entity based in Cockeysville, Maryland.
St. Matthew Trust sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Md. Case No. 25-17780) on August 25,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100,000 and $500,000 each.
Honorable Bankruptcy Judge Michelle M. Harner handles the case.
The Debtor is represented by Aryeh E. Stein, Esq. of Meridian Law,
LLC.
SVB FINANCIAL: Trust Seeks to Toss $944MM Cayman Branch Claims
--------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that the SVB Financial Group
trust has urged a New York bankruptcy court to reject $944 million
in claims lodged by liquidators of Silicon Valley Bank's Cayman
Islands branch, arguing the filings are late, improper, and have
ballooned by hundreds of millions since the 2023 bar date.
About SVB Financial Group
SVB Financial Group (Pink Sheets: SIVBQ) is a financial services
company focusing on the innovation economy, offering financial
products and services to clients across the United States and in
key international markets.
Prior to March 10, 2023, SVB Financial Group owned and operated
Silicon Valley Bank, a state chartered bank. During the week of
March 6, 2023, Silicon Valley Bank, Santa Clara, CA, experienced a
severe "run-on-the-bank." On the morning of March 10, the
California Department of Financial Protection and Innovation seized
SVB and placed it under the receivership of the Federal Deposit
Insurance Corporation. SVB was the nation's 16th largest bank and
the biggest to fail since the 2008 financial meltdown.
On March 17, 2023, SVB Financial Group sought Chapter 11 bankruptcy
protection (Bankr. S.D.N.Y. Case No. 23-10367). The Debtor had
assets of $19,679,000,000 and liabilities of $3,675,000,000 as of
Dec. 31, 2022.
The Hon. Martin Glenn is the bankruptcy judge.
The Debtor tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Centerview Partners, LLC as investment banker; and Alvarez & Marsal
North America, LLC as restructuring advisor. William Kosturos, a
partner at Alvarez & Marsal, serves as the Debtor's chief
restructuring officer. Kroll Restructuring Administration, LLC, is
the claims and noticing agent and administrative advisor.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
The committee tapped Akin Gump Strauss Hauer & Feld, LLP as
bankruptcy counsel; Cole Schotz P.C. as conflict counsel; Lazard
Freres & Co. LLC as investment banker; and Berkeley Research Group,
LLC as financial advisor.
TANGIBLE INVESTMENT: Seeks to Hire Wilson Law Firm LLC as Attorney
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Tangible Investment Group seeks approval from the U.S. Bankruptcy
Court for the Middle District of Louisiana to hire Wilson Law Firm,
LLC as attorneys.
Wilson Law Firm will provide legal services necessary for the
administration of this case, including: advising the Debtor on its
duties under the Bankruptcy Code, preparing and filing pleadings,
representing the Debtor in negotiations and hearings, assisting in
plan formulation, and other necessary services.
The firm received a prepetition retainer of $2,000.
As disclosed in the court filings, Wilson Law Firm has no interests
adverse to the estate and is a "disinterested person" within the
meaning of 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Kathleen M. Wilson, Esq.
Wilson Law Firm, LLC
1762 Dallas Drive
Baton Rouge, LA 70806
Tel: (225) 923-8237
Email: wilsonlawfirmllc@gmail.com
About Tangible Investment Group
Tangible Investment Group sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. M.D. La. Case No.
25-10646) on July 29, 2025, listing up to $50,000 in both assets
and liabilities.
Judge Michael A Crawford presides over the case.
Kathleen M Wilson, Esq. at Wilson Law Firm, LLC represents the
Debtor as counsel.
TITAN CNG: U.S. Trustee Unable to Appoint Committee
---------------------------------------------------
The U.S. Trustee for Region 3 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Titan CNG, LLC.
About Titan CNG LLC
Titan CNG, LLC is an Arizona-based company specializing in
compressed natural gas (CNG) equipment leasing and services.
Titan CNG sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. District of Delaware) on August 14, 2025. In
its petition, the Debtor reported assets between $100,000 and
$500,000 and estimated liabilities between $10 million and $50
million.
Judge Mary F. Walrath oversees the case.
The Debtor is represented by Natasha M. Songonuga, Esq., at Archer
& Greiner, P.C.
TOGETHERMENT MANAGEMENT: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------------------
The U.S. Trustee for Region 14 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Togetherment Management, LLC.
About Togetherment Management
Togetherment Management, LLC filed Chapter 11 petition (Bankr. D.
Ariz. Case No. 25-06335) on July 11, 2025, listing between $1
million and $10 million in assets and liabilities.
Judge Daniel P. Collins oversees the case.
The Debtor is represented by:
Thomas H. Allen, Esq.
ALLEN, JONES & GILES, PLC
1850 N. Central Avenue, Suite 1025
Phoenix, AZ 85004
Tel: 602-256-6000
Fax: 602-252-4712
Email: tallen@bkfirmaz.com
TRUMMER HOSPITALITY: Seeks Chapter 11 Bankruptcy in New York
------------------------------------------------------------
Trummer Hospitality Holdings LLC filed for Chapter 11 bankruptcy in
the Southern District of New York on August 26, 2025. The company
disclosed less than $50,000 in assets between $500,000 and $1
million in liabilities, with 1 to 49 creditors.
The filing states unsecured creditors are unlikely to recover funds
after administrative expenses.
About Trummer Hospitality Holdings LLC
Trummer Hospitality Holdings LLC is a company operating in the
drinking places sector of the hospitality industry.
Trummer Hospitality Holdings LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11872) on
August 26, 2025. In its petition, the Debtor reports estimated
assets up to $50,000 and estimated liabilities between $500,000 and
$1 million.
The Debtor is represented by Morrison Tenenbaum PLLC.
TZADIK SIOUX: Seeks Continued Cash Collateral Access
----------------------------------------------------
Tzadik Sioux Falls Portfolio I, LLC and affiliates ask the U.S.
Bankruptcy Court for the Southern District of Florida, Fort
Lauderdale Division, for authority to use cash collateral and
provide adequate protection.
The Debtors propose to use the cash collateral, including rents,
deposits, accounts receivable and proceeds, in the ordinary course
of business according to detailed budgets submitted with the
motion. This includes payment of professional fees for counsel and
administrative agents.
Fannie Mae and Merchants Bank both assert secured interests in the
cash collateral.
The Debtors request authority to continue using cash collateral for
two separate time periods, depending on which lender the Debtors
are associated with. Specifically, the Debtors request use through
September 15 for the entities financed by Fannie Mae (Portfolio I
and Sioux Falls I), and through October 31 for those associated
with Merchants Bank (Portfolio III, Garden Villas, Rapid City,
Taylor's Place, and Hidden Hills).
These requests are made in anticipation of upcoming evidentiary
hearings scheduled for September 10 (Fannie Mae), and October 22
(Merchants Bank) where final determinations on cash collateral
usage are expected.
To provide adequate protection, the Debtors propose granting
replacement liens on post-petition receivables and proceeds to the
same extent, validity, and priority as existed pre-petition. This
form of protection is consistent with 11 U.S.C. section 361(2) and
established case law, which recognizes replacement liens as
sufficient protection where business operations preserve or
increase the value of collateral.
Since filing, the Debtors have been using cash collateral under
four successive interim court orders, the latest of which expires
on August 31. Continued access to cash collateral is critical to
sustain operations and avoid immediate and irreparable harm such as
an inability to pay the management company, maintain insurance, pay
taxes, or fulfill obligations to tenants, according to the
Debtors.
The Debtors own and operate multi-unit residential rental
properties across South Dakota, with property management outsourced
to Tzadik Properties, LLC. The management company handles leasing,
tenant relations, maintenance, and compliance with approved
budgets. The Debtors filed for Chapter 11 bankruptcy between April
9 and July 7 and continue to function as debtors-in-possession.
A court hearing is scheduled for September 25.
A copy of the motion is available at https://urlcurt.com/u?l=Ig7fmV
from PacerMonitor.com.
About Tzadik Sioux Falls
Portfolio I LLC
Tzadik Sioux Falls Portfolio I, LLC possesses several multi-family
properties in Sioux Falls, SD.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13865) on April 9,
2025. In the petition signed by Adam Hendry, authorized
representative, the Debtor disclosed $65 million in assets and
$46.775 million in liabilities.
Judge Peter D. Russin oversees the case.
Morgan Edelboim, Esq., at Edelboim Lieberman, PLLC, is the Debtor's
legal counsel.
Fannie Mae, as secured lender, is represented by:
Alexis A. Leventhal, Esq.
Keith Aurzada, Esq.
Jay Krystinik, Esq.
Devan Dal Col, Esq.
Reed Smith, LLP
1001 Brickell Bay Drive, Suite 900
Miami, FL 33131
Phone: 786-747-0247
aleventhal@reedsmith.com
kaurzada@reedsmith.com
jkrystinik@reedsmith.com
ddalcol@reedsmith.com
Merchants Bank of Indiana, as secured lender, is represented by:
Scott N. Brown, Esq.
Bast Amron, LLP
One Southeast Third Avenue, Suite 2410
Miami, FL 33131
Telephone: 305.379.7904
sbrown@bastamron.com
VICTORIA'S KITCHEN: Seeks Subchapter V Bankruptcy in Philadelphia
-----------------------------------------------------------------
On August 26, 2025, Victoria's Kitchen LLC sought Chapter 11
bankruptcy protection in the Eastern District of Pennsylvania.
According to its petition, the company holds assets and liabilities
both estimated between $1 million and $10 million.
The debtor designated itself as a small business and elected
Subchapter V, a streamlined reorganization framework. Court
documents identify Victoria A. Turner Tyson as the managing member
and estimate 1 to 49 creditors, with distributions anticipated for
unsecured creditors following administrative expenses.
About Victoria's Kitchen LLC
Victoria's Kitchen LLC is a food service business based in
Philadelphia, Pennsylvania.
Victoria's Kitchen LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-13380)
on August 26, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
The Debtor is represented by Michael Assad, Esq. of Sadek Law
Offices.
VILLAGE ROADSHOW: Court OKs Film Biz Sale to Alcon Media
--------------------------------------------------------
The U.S. Bankruptcy Court for the District of Delaware has approved
Village Roadshow Entertainment Group USA Inc. and its affiliates,
to sell Library Assets, free and clear of liens, claims, interests,
and encumbrances.
The Debtors' assets are generally segregated into three primary
business segments: the Library Assets, the Derivative Rights, and
the Studio Business, (Library Assets and the Derivative Rights, the
Business Segments).
Prior to a change in ownership structure in 2017, the Company was
almost exclusively engaged in the co-financing and co-production of
studio motion pictures across all platforms and genres. Since its
establishment in 1997, VREG has accumulated a library of 108
feature films, including numerous critically acclaimed and
commercially successful films.
The Debtors' interests in the Film Library are the Debtors' most
valuable assets, which include the Debtors’ undivided interest in
its relevant percentage of the intellectual property, distribution
rights, cash flows, and other property related to the Film Library
(Library Assets). The Library Assets generate revenue of
approximately $50 million per year.
The Court has authorized the Debtor to sell Assets to Alcon Media
Group, LLC, having submitted the highest and best bid for the
Debtors' assets related to their studio business centered around
the development and production of independent films s (for clarity,
excluding the Film Library) and scripted and unscripted television
series Studio Business), in the purchase price of $365,000,000.
The Debtors have provided proper, timely, adequate and sufficient
notice of, and a fair and reasonable opportunity to object and be
heard with respect to, the Bid Procedures and Sale Motion, the
Stalking Horse Supplement, the Bid Procedures, the Bid Procedures
Order, the Auction, the Sale Hearing, and the sale of the Studio
Business pursuant to the APA free and clear of any Interests.
The Court has recognized that the Debtors have demonstrated good,
sufficient and sound business purposes and justifications for
approval of the Bid Procedures and Sale Motion.
Consistent with their fiduciary duties, and in consultation with
the Consultation Parties, the Debtors have demonstrated good,
sufficient and sound business reasons and justifications for
entering into the Transaction and the performance of their
obligations under the APA.
The Court held that the Debtors may sell the Studio Business free
and clear of all Interests.
About Village Roadshow Entertainment Group
Village Roadshow Entertainment Group USA Inc. and its affiliates
are a prominent independent producer and financier of major
Hollywood films, having produced over 100 successful movies since
1997. Their portfolio includes globally recognized blockbusters
such as "Joker," "The Great Gatsby," and the "Matrix" trilogy.
Before the WB Arbitration, which began in 2022, the Company had a
profitable and well-established co-production and co-financing
partnership with Warner Bros. Entertainment Inc. and its
affiliates
("WB"), resulting in many successful projects. The Debtor's most
valuable assets include its Film Library and Derivative Rights,
stemming from its extensive and enduring film industry presence.
Village Roadshow Entertainment Group USA Inc. and its affiliates
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
D. Del. Lead Case No. 25-10475) on March 17, 2025. In the
petitions
signed by Keith Maib, chief restructuring officer, the Debtors
disclosed up to $500 million in estimated assets and up to $1
billion in estimated liabilities.
Bankruptcy Judge Thomas M. Horan handles the cases.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as local
counsel; Sheppard, Mullin, Richter & Hampton LLP as bankruptcy
counsel; Kirkland & Ellis LLP as special litigation counsel;
Accordion Partners, LLC as financial and restructuring advisor; and
Solic Capital Advisors, LLC as investment banker. Kurtzman Carson
Consultants, LLC, doing business as Verita Global, is the Debtors'
claims and noticing agent and administrative advisor.
VILLAGE ROADSHOW: Secures Court OK to Sell Biz for $4.25MM
----------------------------------------------------------
Clara Geoghegan of Law360 reports that a Delaware bankruptcy judge
on Tuesday, August 26, 2025, approved Village Roadshow
Entertainment Group's $4.25 million sale of its independent film
studio to Alcon Entertainment. The company is known for producing
films including The Matrix and Ocean's Eleven.
About Village Roadshow Entertainment Group
Village Roadshow Entertainment Group USA Inc. and its affiliates
are a prominent independent producer and financier of major
Hollywood films, having produced over 100 successful movies since
1997. Their portfolio includes globally recognized blockbusters
such as "Joker," "The Great Gatsby," and the "Matrix" trilogy.
Before the WB Arbitration, which began in 2022, the Company had a
profitable and well-established co-production and co-financing
partnership with Warner Bros. Entertainment Inc. and its affiliates
("WB"), resulting in many successful projects. The Debtor's most
valuable assets include its Film Library and Derivative Rights,
stemming from its extensive and enduring film industry presence.
Village Roadshow Entertainment Group USA Inc. and its affiliates
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
D. Del. Lead Case No. 25-10475) on March 17, 2025. In the petitions
signed by Keith Maib, chief restructuring officer, the Debtors
disclosed up to $500 million in estimated assets and up to $1
billion in estimated liabilities.
Bankruptcy Judge Thomas M. Horan handles the cases.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as local
counsel; Sheppard, Mullin, Richter & Hampton LLP as bankruptcy
counsel; Kirkland & Ellis LLP as special litigation counsel;
Accordion Partners, LLC as financial and restructuring advisor; and
Solic Capital Advisors, LLC as investment banker. Kurtzman Carson
Consultants, LLC, doing business as Verita Global, is the Debtors'
claims and noticing agent and administrative advisor.
VISTEON CORP: S&P Upgrades ICR to 'BB+' on Stronger Margins
-----------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on global auto
supplier Visteon Corp. to 'BB+' from 'BB'.
The stable outlook reflects S&P's view that Visteon will maintain
mid-teens percentage margins, net leverage below 2x, and free
operating cash flow (FOCF) to debt well above 15%.
Visteon Corp. has steadily improved EBITDA margins, which S&P
expects will remain at about the mid-teens percentages even as
light vehicle global production volumes decline in 2025.
S&P expects the company to maintain its prudent capital allocation
that will support continuing modest leverage.
The upgrade reflects Visteon's fundamentally improved cost
structure. Low- to mid-teens percentage S&P Global Ratings-adjusted
EBITDA margins during the past 12 months, which were above 2023
EBITDA margins of 11.4%, resulted through resetting its cost base,
lowering engineering spending, and improving cost discipline.
Within North America, the company has mitigated most direct tariff
costs through U.S.-Mexico-Canada Agreement compliance and
negotiating recoveries with its customers for the remaining
exposure. S&P said, "Visteon has improved margins despite our
forecast for a global light vehicle production to decline 1%-3% in
2025. Therefore, we believe the company has fundamentally improved
its cost structure and demonstrated a track record of sustaining
stronger margins despite challenging market growth conditions.
Furthermore, given our view of the company's improved business
characteristics, we will also begin netting the company's
accessible cash in our credit metrics calculations. The company's
low-to-mid teens EBITDA margins are also now comparable to
similarly rated North American automaker supplier peers."
Trailing-12-months revenue ended in the second quarter of 2025
declined 3.3% year over year because of lower automaker production
volume, slower-than-expected electric vehicle adoption, and a
global automaker share decline in China. Visteon has also
maintained a strong pipeline of new business wins despite
challenging market conditions. First-half 2025 business wins of
$3.9 billion exceeded the $3.1 billion from the same prior-year
period. S&P said, "We forecast a full-year 2025 sales decline of
about 2.4% due to improved second-half sales, supported by new
product launches in China, benefits from a recent acquisition, and
foreign exchange benefit offset by lower battery management system
sales. Despite our forecast for a sales decline, we anticipate
Visteon will generate EBITDA margins of 13.2% in fiscal 2025 due to
some cost recoveries, some nonrecurring benefits, and strong cost
control, resulting in expectation of 0.3x net leverage in 2025."
Visteon's diversified product portfolio can capitalize on industry
trends. S&P said, "Although the company continues facing top-line
pressure due to tough market conditions, we anticipate 2% revenue
growth in 2026 as it capitalizes on new launches and product
innovation. To achieve longer-term expansion, we believe Visteon
will continue leveraging its software and AI capabilities,
capitalize on digitalization with commercial vehicles, and expand
further into the two-wheel market in Asia. We also believe
increasing vertical integration will position it to win business
through advantages in cost, speed to market, and innovation.
Despite the new business wins and strength of the product
portfolio, we believe that slower-than-expected EV penetration and
continued competitive pressures in China could be downside risks to
our top-line forecast."
S&P said, "We expect the company to maintain its conservative
financial policy though it will pursue tuck-in acquisitions and
increased shareholder returns. In the second quarter, Visteon
acquired an engineering service company to bolster its innovation
capabilities and to develop new products with automakers. Visteon
also initiated a dividend starting in the third quarter of 2025
while continuing to repurchase shares. We believe the company
generates ample FOCF to fund tuck-in acquisitions and shareholder
returns. As such, we continue to expect it to maintain adjusted net
leverage below 2x and FOCF well above 15% after considering its
shareholder return strategy. We believe further ratings upside
would require a substantial increase in scale while maintaining
mid-teen EBITDA margins and a conservative credit profile. This is
unlikely over the near-term, particularly organically, given the
challenging auto production environment and slower electric vehicle
adoption.
"The stable outlook on Visteon reflects our expectation that the
company will continue maintaining mid-teens percentage EBITDA
margins, debt to EBITDA below 2x, and FOCF to debt of well above
15% for the next 12 months.
"We could lower our rating on Visteon if we expected the company to
sustain debt to EBITDA above 2x or FOCF to debt approaching 15%, or
if EBITDA margins declined below the low-double-digit percentages
on a sustained basis." This could happen if:
-- Operating performance deteriorated due to lower production
volumes because of less automotive demand, greater-than-expected
inflationary pressures, or heightened competitive pressures; or
-- The company adopted a more aggressive financial policy and
pursues debt-funded acquisitions, share repurchases, or dividends.
While unlikely, S&P could raise its rating on Visteon if the
company:
-- Significantly expanded its scale and product offerings, and
improved customer diversification; and
-- Maintained S&P Global Ratings-adjusted EBITDA margins at least
in the mid-teens percent area; and
-- Sustained credit metrics in line with its financial risk
profile and liquidity position.
VITAL ENERGY: S&P Places 'B' ICR on CreditWatch Positive
--------------------------------------------------------
S&P Global Ratings placed all its ratings on Houston-based oil and
gas exploration and production (E&P) company Cresent Energy Co.,
including its 'B' issuer credit rating and 'B' issue-level ratings,
on CreditWatch with positive implications.
S&P said, "The CreditWatch placement reflects that we will likely
raise our ratings on the company following the close of the
acquisition, which we expect will occur in the fourth quarter of
2025, subject to a shareholder vote, regulatory approvals, and the
fulfillment of other customary closing conditions.
"The CreditWatch placement reflects that we will likely raise our
ratings on Vital following the close of the acquisition to equalize
them with our ratings on Cresent (B+/Watch Pos/--)." The
transaction values the company at $3.1 billion, including the
assumption of its net debt, which stood at about $2.35 billion as
of June 30, 2025.
On Aug. 25, 2025, Houston-based oil and gas exploration and
production (E&P) company Cresent Energy Co. announced it had agreed
to acquire Oklahoma-based E&P company Vital Energy Inc. in an
all-stock transaction valued at $3.1 billion, including the
assumption of Vital's net debt.
The merger agreement indicates that Vital's shareholders will
receive 1.9062 shares of Cresent's class A common stock for each
share of Vital common stock. Following the close of the
transaction, Cresent's shareholders will own approximately 77% of
the combined company, while Vital's shareholders will own the
remaining approximately 23%, on a fully diluted basis. The
transaction has been approved by the boards of directors of both
companies. S&P expects the transaction--which remains subject to
votes by Cresent's and Vital's shareholders, the receipt of
regulatory approvals, and the fulfillment of customary closing
conditions--will close by the end of 2025.
S&P said, "The CreditWatch positive placement reflects that we will
likely raise our ratings on Vital to equalize them with our ratings
on Cresent upon close of the transaction, which we anticipate will
occur in the fourth quarter of 2025, assuming it is consummated as
proposed."
WARM CORP: Wins Final Approval to Use Cash Collateral
-----------------------------------------------------
Warm Corporation West received final approval from the U.S.
Bankruptcy Court for the Northern District of California to use the
cash collateral of secured creditors.
The final order authorized the Debtor to use cash collateral
pursuant to its budget until confirmation of a Chapter 11 plan of
reorganization; dismissal of its Chapter 11 case; or conversion of
the case to one under a Chapter 7.
The secured creditors with interest in the cash collateral are
Umpqua Bank and Celtic Bank. As adequate protection, these secured
creditors will be granted post-petition replacement liens in the
same amounts and priority as their existing rights in the cash
collateral (to be determined later in the Debtor's bankruptcy
case).
As additional protection, the Debtor was authorized to continue its
monthly payments of $2,000 to Umpqua Bank (via Spiwak & Iezza,
LLP).
As of July 18, the Debtor's tangible assets were valued at
$311,904. These assets include account receivables, inventory, cash
in deposit accounts, vehicles and equipment
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/5NWYq from PacerMonitor.com.
About Warm Corporation West
Warm Corporation West sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-10432) on July
16, 2025. In the petition signed by Prateek Ahir, chief financial
officer, the Debtor disclosed up to $500,000 in assets and up to $1
million in liabilities.
Judge Charles Novack oversees the case.
Chris Kuhner, Esq., at Kornfield, Nyberg, Bendes, Kuhner & Little
P.C., represents the Debtor as legal counsel.
WEABER INC: U.S. Trustee Appoints Creditors' Committee
------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed an official
committee to represent unsecured creditors in the Chapter 11 case
of Weaber Inc.
The committee members are:
1. Thunder Staffing, Inc.
Attn: Maricio Mercado, Operations Manager
4242 Flagstaff Cove
Fort Wayne, IN 46815
Telephone: 470-957-5943
Email: Operations.manager@thunderstaffing.us
2. York Saw & Knife Co., Inc.
Attn: Mary P. Chairs, Esquire, President
295 Emig Road
York, PA 17406
Telephone: 223-848-3315
Email: mchairs@yorksaw.com
3. Laird Logs, LLC
Attn: Patricia Laird, Office Manager
3305 Dublin Road
Darlington, MD 21034
Telephone: (410) 457-4829
Email: lairdpal@aol.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 Weaber Inc.
Weaber, Inc. manufactures and distributes hardwood lumber products
across the United States. Combining advanced production technology
with strict quality standards, it supplies flooring, trim, paneling
and other specialty hardwood components in both full-truckload and
small-lot deliveries.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Pa. Case No. 25-02167) on August 1,
2025. In the petition signed by Matthew G. Weaber, president and
CEO, the Debtor disclosed up to $50 million in both assets and
liabilities.
Judge Henry W. Van Eck oversees the case.
Albert A. Ciardi, III, Esq., at Ciardi Ciardi and Astin, is the
Debtor's legal counsel.
JPMorgan Chase Bank, N.A., as secured creditor, is represented by:
Su Jin Kim, Esq.
Morgan, Lewis & Bockius, LLP
2222 Market Street
Philadelphia, PA 19103
Telephone: (215) 963-5000
Facsimile: (215) 963-5001
su.kim@morganlewis.com
-- and --
Michael Luskin, Esq.
Stephan E. Hornung, Esq.
Morgan, Lewis & Bockius, LLP
101 Park Avenue
New York, NY 10178-0060
Tel: 212-309-6000
michael.luskin@morganlewis.com
stephan.hornung@morganlewis.com
Cyprium Investors IV AIV I, LP, as secured creditor, is represented
by:
Michael J. Roeschenthaler, Esq.
Raines Feldman Littrell LLP
11 Stanwix Street, Suite 1100
Pittsburgh, PA 15222
(412) 899-6472
mroeschenthaler@raineslaw.com
WELLPATH HOLDINGS: Medical Treatment Claims in Williams Case Tossed
-------------------------------------------------------------------
Judge Wendy Beetlestone of the United States District Court for the
Eastern District of Pennsylvania will grant Daniel Williams leave
to proceed in forma pauperis and dismiss in part with prejudice and
in part without prejudice his complaint captioned as DANIEL
WILLIAMS, Plaintiff, v. THE GEO GROUP, et al., Defendants, Case No.
24-cv-05860-WB (E.D. Pa.).
Pro se Plaintiff Daniel Williams asserts constitutional claims
pursuant to 42 U.S.C. Sec. 1983 in connection with his confinement
while housed as a pretrial detainee at the Delaware County's George
W. Hill Correctional Facility. Williams also seeks leave to proceed
in forma pauperis.
Williams names the following fifteen Defendants in his Complaint:
the GEO Group CO Thomas, Sergeant Richburg, Wellpath, Sergeant S.
Brown, Delaware County Prison, Dana Keith, Megan Gilbert (a
Wellpath Psychiatrist), the Warden of the George W. Hill
Correctional Facility, Sergeant Jones, Lieutenant Moody, Chief
Leach, CO Suvoor, CO Garr, and CO Bacon. He asserts an assortment
of constitutional claims based on his stay at the George W. Hill
Correctional Facility from October 2019, through September 2022.
The Court grants Williams leave to proceed in forma pauperis
because it appears that he is incapable of paying the fees to
commence this civil action.
Claims against Thomas
Williams asserts constitutional claims against Thomas based on
allegations that he was coerced into engaging in sexual relations
with Thomas over the course of several years and that on one
occasion, when Williams refused, Thomas retaliated against him by
writing him a misconduct report and sending him to the restricted
housing unit. The Court understands Williams to assert Fourteenth
Amendment sexual abuse claims and First Amendment retaliation
claims against Thomas.
Williams alleges that Thomas, a "man of authority," used "coercive
procedures and tactics" to get Williams to engage in sexual
relations with him, and that this went on for several Williams has
alleged facts sufficient to plausibly support both the subjective
and objective prongs of a sexual abuse claim against Thomas.
Williams also alleges that when he refused Thomas's sexual advances
and threatened to "snitch" on him, Thomas became "enraged" or
"livid," threatened Williams, and wrote Williams up for misconduct,
which caused him to be sent to the RHU. Based on these allegations,
Williams has stated a plausible First Amendment retaliation claim
against Thomas. The Court concludes Williams's claims against
Thomas pass statutory screening and will be served.
Claims against Richburg and S. Brown
Williams asserts excessive force claims against Defendants Richburg
and S. Brown based on allegations that, in December 2021, he was
"brutally beaten" by these Defendants, and that in July of 2022, he
was "assaulted" by Richburg. He alleges plausible excessive force
claims against Richburg and Brown based on the December 2021
incident. This claim will be served. Williams has not, however,
stated sufficient facts regarding the incident that occurred in
July of 2022. He merely alleges in conclusory fashion that Richburg
"assaulted" him in a medical examination room at the direction of
Megan Gilbert, an alleged prison psychiatrist. The Court finds the
claim based on the July 2022 incident in the medical examination
room is therefore underdeveloped and will be dismissed without
prejudice.
Claims against Jones, Suvoor, Moody, and
Garr (Lack of Personal Involvement)
The only allegations in the Complaint relating to Jones, Suvoor,
and Moody are that they were notified about an incident after it
occurred. There are no facts about Garr's involvement in any other
incident described in the Complaint. The Court finds Williams has
failed to establish the necessary personal involvement of Jones,
Suvoor, Moody, and Garr to state a plausible claim. Accordingly,
the Sec. 1983 claims asserted against these Defendants will be
dismissed without prejudice.
Claims against Dana Keith
The Court understands Williams to assert an access-to-courts claim
against prison law librarian Dana Keith based on allegations that
Keith shut the law library down and limited Williams's ability to
make requests for legal documents.
The Court finds Williams fails to state a plausible
access-to-courts claim because he does not allege an actual injury.
Accordingly, Williams's access-to-court claims asserted against
Keith will be dismissed with prejudice.
Denial of Medical Treatment Claims
against Wellpath and the GEO Group
Williams also asserts claims against Wellpath and the GEO Group
based on allegations that he was denied Medication-Assisted
Treatment for opioid addiction when he first arrived at the George
W. Hill Correctional Facility.
Williams does not allege a Wellpath or GEO Group policy or custom
that was the cause of his being denied Medication-Assisted
Treatment for his opioid addiction. Instead, he states that
Wellpath and the GEO Group knew about his opioid addiction but "did
nothing to help." This is not sufficient to state a plausible
claim. In addition, Williams does not allege that any individually
named Defendant was involved in the denial of Medication-Assisted
Treatment or that any Defendant was otherwise deliberately
indifferent to his opioid addiction. Accordingly, Williams's
Fourteenth Amendment claims based on the denial of medical
treatment will be dismissed without prejudice.
Conditions of Confinement Claims
Williams's claims about the various conditions of his confinement
at the George W. Hill Correctional Facility fail as pled because
Williams has not tied any named Defendant's specific conduct to the
alleged constitutional violations.
The Court ruled as follows:
1. Williams's access-to-courts claim asserted against Dana
Keith, his claims against the Delaware County Prison, and any
claims based on violations of HIPAA will be dismissed with
prejudice.
2. Williams's sexual abuse and retaliation claims asserted
against Thomas and his excessive force claims asserted against
Richburg and Brown based on the December 2021 incident pass
statutory screening.
3. The balance of Williams's claims are dismissed without
prejudice.
4. Williams may file an amended complaint in the event he can
allege facts to cure the defects the Court has noted regarding the
claims that were dismissed without prejudice.
5. In the alternative, Williams may proceed with the claims that
pass statutory screening, in which case the Court will direct
service of the Complaint only on Defendants Thomas, Richburg, and
Brown, so that Williams may proceed on his remaining claims.
A copy of the Court's Memorandum dated August 11, 2025, is
available at https://urlcurt.com/u?l=mGtLLk from PacerMonitor.com.
About Wellpath Holdings
Wellpath Holdings, Inc., formerly known as CCS-CMGC Holdings, Inc.,
is a provider of medical and mental healthcare in jails, prisons,
and inpatient and residential treatment facilities.
Wellpath Holdings and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
No. 24-90533) on Nov. 11, 2024. Timothy Dragelin, chief
restructuring officer and chief financial officer, signed the
petitions. At the time of the filing, the Debtors reported $1
billion to $10 billion in assets and liabilities.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Marcus A. Helt, Esq., at McDermott Will & Emery,
LLP, as bankruptcy counsel; FTI Consulting, Inc., as financial
advisor; and Lazard Freres & Co., LLC and MTS Partners, LP as
investment banker.
WI-FI WHEELING: Seeks to Tap Noonan & Lieberman as Special Counsel
------------------------------------------------------------------
Wi-Fi Wheeling Dealing LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to employ Noonan &
Lieberman Ltd. as special counsel.
Noonan & Lieberman will assist the Debtor with the Motion to Excuse
the Court Appointed Receiver from Turnover of Property, objecting
to First Secure's Proof of Claim and a possible breach of fiduciary
duty action against the Receiver.
The special counsel will receive $350 per hour for services
provided by Mitchell Lieberman.
As disclosed in the court filings, Noonan & Lieberman represents no
interest adverse to the Debtor or to the estate in matters upon
which they are to be engaged for the Debtor.
The firm can be reached through:
Mitchell Leiberman, Esq.
Noonan & Lieberman Ltd
33 N LaSalle St STE 1150
Chicago, IL 60602
Phone: (312) 431-1455
About Wi-Fi Wheeling Dealing
Wi-Fi Wheeling Dealing LLC is a single asset real estate entity
that owns an office complex at 1400 S. Wolf Road in Wheeling,
Illinois.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-10181) on July 2,
2025. In the petition signed by Isaac J. Weiss, manager, the Debtor
disclosed $13 million in total assets and $9.1 million in total
liabilities.
Judge Donald R. Cassling oversees the case.
Gregory Stern, Esq., Dennis Quaid, Esq., Monica O'Brien, Esq., and
Rachel Sandler, Esq., represent the Debtor as counsel.
WOHALI LAND: Seeks to Hire Snell & Wilmer as Special Counsel
------------------------------------------------------------
Wohali Land Estates LLC seeks approval from the U.S. Bankruptcy
Court for the District of Utah to hire Snell & Wilmer L.L.P. as
special counsel.
The firm will continue to advise Debtor on the pre-litigation and
real estate matters.
Snell & Wilmer's hourly rates are:
Wade Budge $750
Troy Aramburu $685
James Florentine $610
Tait Meskey $465
The firm received a $25,000 retainer from the Debtor.
Snell & Wilmer does not represent or hold any interest adverse to
Debtor or to the estate, according to court filings.
The firm can be reached through:
Wade Budge, Esq.
Snell & Wilmer L.L.P.
600 Anton Blvd # 1400
Costa Mesa, CA 92626
Tel: (714) 427-7027
Email: wbudge@swlaw.com
About Wohali Land Estates LLC
Wohali Land Estates LLC develops the Wohali master-planned
community in Coalville, Utah, combining private residential
neighborhoods with public-access resort amenities such as a golf
course, lodge, spa, and dining facilities. The development's design
integrates luxury homes and estate lots with hospitality,
recreation, and infrastructure improvements including public
roadways, utility systems, and environmental stabilization
measures. Its operations include property maintenance and site
preparation to preserve asset value and support future
construction.
Wohali Land Estates LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Utah Case No. 25-24610) on August 8,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Peggy Hunt handles the case.
The Debtor is represented by Mark C. Rose, Esq. at McKAY, BURTON &
THURMAN, P.C.
WOODLAND PLACE: Pensacola Property Sale to Martins Acquisition OK'd
-------------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Florida,
Pensacola Division, has granted Woodland Place Apartments LLC, to
sell substantially all Assets, free and clear of liens, claims,
interests, and encumbrances.
The Debtor is a Florida limited liability company established on or
about September 30, 2019. The Debtor owns approximately 10.18 acres
of partially developed property located at 8221 Pittman Avenue in
Pensacola, Florida.
The Court has authorized the Debtor to sell the Assets to Martins
Acquisition, LLC, a Florida limited liability company, in a
purchase amount of $1,650,000.00.
The Purchaser is approved as the "stalking horse bidder" as to the
Property.
Any additional party wishing to submit a competing bid to purchase
the Property shall have until 5:00 p.m., on Friday, August 15, 2025
to provide the Debtor and Notice Parties with written higher and
better offers using the Purchase Agreement as a proposed form of
bid, accompanied by a deposit of no less than $20,000.00 to Berger
Singerman LLP, counsel to the Debtor. Any Higher Offer must exceed
the Purchase Price by no less than $35,000.00, and all other terms
and conditions of the Higher Offer must be equivalent to the
Purchase Agreement, in the Debtor’s sole discretion upon
conferral with EMJ.
The Debtor will file a notice with the Court by no later than
August 18, 2025, indicating the number of Higher Offers received
and the names of the bidders, and will serve such notice, along
with copies of the Higher Offers, by electronic mail transmission,
on counsel to or representatives of all bidders and any secured
creditors.
There shall be an auction on August 20, 2025, by ZOOM at 9:00 a.m.
CDT, if any Higher Offers are received. The Purchaser and any
bidders submitting a Higher Offer shall be invited to participate.
The Debtor shall confer with EMJ throughout the Auction and prior
to the selection of a prevailing bidder.
The Court finds that the Expense Reimbursement is reasonable under
the circumstances. In the event a Higher Offer is approved, the
Purchaser shall be entitled to an Expense Reimbursement of up to
$25,000, for actual, necessary and documented out of pocket
expenses associated with the Purchase Agreement, as the Purchaser
provided a material benefit to the Debtor and creditors by
increasing the likelihood that the
Debtor would receive the best possible price for the Property. The
Expense Reimbursement shall only be due and payable to the
Purchaser in the event that a Higher Offer is approved as the
prevailing bidder and the sale pursuant to such Higher Offer
closes.
Any sale proceeds shall be escrowed in the trust account of
Debtor's counsel pending further Court order with all liens,
claims, and encumbrances against the Property attaching to such
proceeds in the same order and priority as they existed prior to
the sale.
About Woodland Place Apartments LLC
Woodland Place Apartments, LLC is a single asset real estate debtor
(as defined in 11 U.S.C. Section 101(51B)). The company is based in
Pensacola, Fla.
Woodland Place Apartments filed Chapter 11 petition (Bankr. N.D.
Fla. Case No. 24-30073) on February 1, 2024, with $1 million to $10
million in both assets and liabilities. Judge Jerry C. Oldshue,
Jr.
oversees the case.
Edward J. Peterson, III, Esq. at Johnson Pope Bokor Ruppel & Burns,
LLP represents the Debtor as legal counsel.
YELLOW CORP: Top Shareholder Challenges Bankruptcy Plan Disclosures
-------------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that Yellow Corp.'s largest
shareholder, MFN Partners LP, has urged the U.S. Bankruptcy Court
for the District of Delaware to deny approval of the company's
solicitation process for its revised Chapter 11 liquidation plan.
In a Tuesday, August 26, 2025, filing, the Boston hedge fund
asserted the plan fails to provide essential disclosures and
remains skewed toward union and pension interests, despite
improvements made through negotiations with unsecured creditors.
About Yellow Corporation
Yellow Corporation -- www.myyellow.com -- operates logistics and
less-than-truckload (LTL) networks in North America, providing
customers with regional, national, and international shipping
services throughout. Yellow's principal office is in Nashville,
Tenn., and is the holding company for a portfolio of LTL brands
including Holland, New Penn, Reddaway, and YRC Freight, as well as
the logistics company Yellow Logistics.
Yellow Corporation and 23 affiliates concurrently filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del. Lead Case No. 23-11069) on August 6, 2023, before
the Hon. Craig T. Goldblatt. As of March 31, 2023, Yellow Corp had
$2,152,200,000 in total assets against $2,588,800,000 in total
liabilities. The petitions were signed by Matthew A. Doheny as
chief restructuring officer.
Kirkland & Ellis LLP is serving as the Company's restructuring
counsel, Pachulski Stang Ziehl& Jones LLP is serving as the
Company's Delaware local counsel, Kasowitz, Benson and Torres LLP
is serving as special litigation counsel, Goodmans LLP is serving
as the Company's special Canadian counsel, Ducera Partners LLC is
serving as the Company's investment banker, and Alvarez and Marsal
is serving as the Company's financial advisor. Epiq Bankruptcy
Solutions serves as claims and noticing agent.
Milbank LLP, serves as counsel to certain investment funds and
accounts managed by affiliates of Apollo Capital Management, L.P.
White & Case LLP, serves as counsel to Beal Bank USA.
Arnold & Porter Kaye ScholerLLP, serves as counsel to the United
States Department of the Treasury.
Alter Domus Products Corp., the Administrative Agent to the DIP
Lenders, is represented by Holland & Knight LLP.
[] U.S. Trucking Bankruptcies Rise on Fuel Tariffs
--------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that trucking and
freight companies that flourished during the pandemic-era
e-commerce boom are increasingly seeking bankruptcy protection,
with pressure intensifying as the Trump administration's tariffs
disrupt business strategies. The post-pandemic surge drew a flood
of new entrants, but many are now buckling under depressed freight
rates, excess capacity, thin margins, and reliance on short-term,
sales-linked financing. Of more than 370 transportation and
logistics companies that filed for bankruptcy in the past five
years, about 41% did so in the last two years, according to
BankruptcyData. Many carried liabilities of up to $10 million.
Even larger operators have collapsed, the report noted. Yellow
Corp., once a dominant carrier, is liquidating after defaulting two
years ago and laying off 30,000 employees in one of the nation’s
largest recent mass layoffs, according to Bloomberg Law.
"The industry has been caught in a boom-and-bust cycle," said
Michael H. Belzer, transportation economics professor at Wayne
State University, adding that Trump's tariffs exacerbated
volatility. "The canary in this coal mine is trucking, which runs
on the narrowest margins and is notoriously structured to
cannibalize itself until it fails."
Overinvestment in trucks and drivers during the pandemic's
temporary demand spike has left many carriers overleveraged. "A
business is overindebted, struggling to pay creditors, and trying
to make a marginal profit on the next order," said Daniel Alpert,
executive chairman at Westwood Capital.
Labor pressures also loom. Although no driver shortage is evident
now, immigration policies could reshape the workforce. "If Trump's
program to disqualify and deport certain workers succeeds, there
will be a shortage," said economist Noel Perry, noting about a
quarter of truck drivers are Latino.
Tariffs further undermine investment confidence. "At this point,
I've ruled out a market recovery in 2025," said Jason Miller,
supply chain professor at Michigan State University. "The earliest
meaningful recovery might not arrive until mid-2026."
Beyond tariffs and freight rates, rising insurance costs,
inflation, and high financing expenses are straining operators.
Many smaller carriers have relied on costly merchant cash
advances—short-term financing products often carrying annual
percentage rates of 50% to 300%—to cover cash crunches. "These
lenders don’t disclose the true cost of financing," said Louis
Caditz-Peck of the Responsible Business Lending Coalition.
Bankruptcy attorneys say Subchapter V of Chapter 11 is increasingly
being used by small trucking firms to shed liens and reduce debt
payments. Still, failures remain widespread, especially among
"Covid kids". . . companies founded during the pandemic that
overpaid for equipment and were ill-prepared for the downturn, the
report relays.
Even in 2022, the industry's most profitable year on record, many
carriers collapsed. Now, additional competitive pressure is
emerging from digital freight platforms like Uber Freight, which
can undercut traditional carriers by operating without their
overhead, according to report.
"Uber can haul a load across the country for hundreds of dollars
less than a carrier with 500 trucks," said bankruptcy lawyer Joseph
Pack. "That cost advantage makes survival even harder for mid-size
operators already under strain."
[^] Recent Small-Dollar & Individual Chapter 11 Filings
-------------------------------------------------------
In re Peter Joseph Benard and Paula Burke Benard
Bankr. S.D. Fla. Case No. 25-19505
Chapter 11 Petition filed August 17, 2025
represented by: Alan Crane, Esq.
FURR AND COHEN, P.A.
Email: acrane@furrcohen.com
In re La Creme Cafe, LLC
Bankr. C.D. Cal. Case No. 25-17118
Chapter 11 Petition filed August 17, 2025
See
https://www.pacermonitor.com/view/IPZQ3DQ/La_Creme_Cafe_LLC__cacbke-25-17118__0001.0.pdf?mcid=tGE4TAMA
represented by: Nina Aritonova, Esq.
THE LAW OFFICE OF NINA ARITONOVA
E-mail: n_aritonova@hotmail.com
In re 500 Block Investment Group LLC
Bankr. D. Ariz. Case No. 25-07690
Chapter 11 Petition filed August 18, 2025
See
https://www.pacermonitor.com/view/WVKTA6A/500_Block_Investment_Group_LLC__azbke-25-07690__0001.0.pdf?mcid=tGE4TAMA
represented by: Chris D. Barski, Esq.
BARSKI LAW FIRM PLC
E-mail: cbarski@barskilaw.com
In re Daniella Lee Parra
Bankr. C.D. Cal. Case No. 25-11498
Chapter 11 Petition filed August 18, 2025
In re Frank T. Troise
Bankr. C.D. Cal. Case No. 25-11087
Chapter 11 Petition filed August 18, 2025
represented by: Dean Rallis, Esq.
In re 21st Century Chemical, Inc.
Bankr. S.D. Fla. Case No. 25-19560
Chapter 11 Petition filed August 18, 2025
See
https://www.pacermonitor.com/view/7UKPMEY/21st_Century_Chemical_Inc__flsbke-25-19560__0001.0.pdf?mcid=tGE4TAMA
represented by: Craig I. Kelley, Esq.
KELLEY KAPLAN & ELLER, PLLC
E-mail: craig@kelleylawoffice.com
In re Hans Stancil and Katherine Stancil
Bankr. S.D. Fla. Case No. 25-19518
Chapter 11 Petition filed August 18, 2025
represented by: Jordan Rappaport, Esq.
RAPPAPORT OSBORNE & RAPPAPORT, PLLC
In re M & H Williams, LLC
Bankr. W.D. Ky. Case No. 25-10689
Chapter 11 Petition filed August 18, 2025
See
https://www.pacermonitor.com/view/R7RY6FY/M__H_Williams_LLC__kywbke-25-10689__0001.0.pdf?mcid=tGE4TAMA
represented by: Scott A. Bachert, Esq.
KERRICK BACHERT PSC
E-mail: sbachert@kerricklaw.com
In re Hanover Boston Development LLC
Bankr. D. Mass. Case No. 25-11706
Chapter 11 Petition filed August 18, 2025
See
https://www.pacermonitor.com/view/PYCYQRQ/Hanover_Boston_Development_LLC__mabke-25-11706__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Yong Liu
Bankr. D.N.J. Case No. 25-18653
Chapter 11 Petition filed August 18, 2025
represented by: Edward Vaisman, Esq.
In re 17323 106 Ave LLC
Bankr. E.D.N.Y. Case No. 25-43963
Chapter 11 Petition filed August 18, 2025
See
https://www.pacermonitor.com/view/6AK6CMA/17323_106_Ave_LLC__nyebke-25-43963__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Victor Sergeevich Rakovich
Bankr. E.D.N.Y. Case No. 25-43962
Chapter 11 Petition filed August 18, 2025
represented by: Alla Kachan, Esq.
In re II Ballakis Family Properties LLC
Bankr. N.D.N.Y. Case No. 25-60753
Chapter 11 Petition filed August 18, 2025
See
https://www.pacermonitor.com/view/TSK73RI/II_Ballakis_Family_Properties__nynbke-25-60753__0001.0.pdf?mcid=tGE4TAMA
represented by: Opal F. Hinds, Esq.
LAW OFFICE OF OPAL F. HINDS
E-mail: opalhinds@1sthindslaw.com
In re Elizabeth Lowe
Bankr. S.D.N.Y. Case No. 25-11795
Chapter 11 Petition filed August 18, 2025
In re Audacious Designs LLC
Bankr. W.D. Tex. Case No. 25-70128
Chapter 11 Petition filed August 18, 2025
See
https://www.pacermonitor.com/view/EC6E75A/Audacious_Designs_LLC__txwbke-25-70128__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert C Lane, Esq.
THE LANE LAW FIRM
E-mail: notifications@lanelaw.com
In re David Anthony Dalton and Cynthia Lynn Dalton
Bankr. D. Utah Case No. 25-24812
Chapter 11 Petition filed August 18, 2025
represented by: Geoffrey Chesnut, Esq.
In re Ali Beheshti
Bankr. E.D. Va. Case No. 25-11691
Chapter 11 Petition filed August 18, 2025
represented by: Jonathan Vivona, Esq.
In re Piyush G. Patel and Jayshree Patel
Bankr. D. Wyo. Case No. 25-20352
Chapter 11 Petition filed August 18, 2025
In re Budiman Lee
Bankr. C.D. Cal. Case No. 25-11506
Chapter 11 Petition filed August 19, 2025
represented by: Garrick Hollander, Esq.
In re Mark Kevin Woods and Noemi Herrera Woods
Bankr. N.D. Cal. Case No. 25-41494
Chapter 11 Petition filed August 19, 2025
represented by: Marc Voisenat, Esq.
In re Apolinar Macias
Bankr. D. Conn. Case No. 25-50651
Chapter 11 Petition filed August 19, 2025
In re Milestone LLC
Bankr. N.D. Ill. Case No. 25-12742
Chapter 11 Petition filed August 19, 2025
See
https://www.pacermonitor.com/view/BDKN3NY/Milestone_LLC__ilnbke-25-12742__0001.0.pdf?mcid=tGE4TAMA
represented by: Paul M. Bach, Esq.
BACH LAW OFFICES
E-mail: paul@bachoffices.com
In re D&G Professional Management, Inc.
Bankr. E.D. Mich. Case No. 25-31763
Chapter 11 Petition filed August 19, 2025
See
https://www.pacermonitor.com/view/NEHQLEI/DG_Professional_Management_Inc__miebke-25-31763__0001.0.pdf?mcid=tGE4TAMA
represented by: Peter T. Mooney, Esq.
SIMEN, FIGURA & PARKER, PLC
E-mail: pmooney@sfplaw.com
In re Blooming Lotus Inc
Bankr. E.D.N.Y. Case No. 25-43984
Chapter 11 Petition filed August 19, 2025
See
https://www.pacermonitor.com/view/4L2UXWI/Blooming_Lotus_Inc__nyebke-25-43984__0001.0.pdf?mcid=tGE4TAMA
represented by: Alla Kachan, Esq.
LAW OFFICES OF ALLA KACHAN, P.C.
E-mail: alla@kachanlaw.com
In re American Machinery Group LLC
Bankr. E.D. Tex. Case No. 25-42411
Chapter 11 Petition filed August 19, 2025
See
https://www.pacermonitor.com/view/DKZBJNA/American_Machinery_Group_LLC__txebke-25-42411__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Better is Better, LLC
Bankr. W.D. Pa. Case No. 25-22163
Chapter 11 Petition filed August 19, 2025
See
https://www.pacermonitor.com/view/YMAVFPI/Better_is_Better_LLC__pawbke-25-22163__0001.0.pdf?mcid=tGE4TAMA
represented by: Christopher M. Frye, Esq.
STEIDL & STEINBERG, P.C.
E-mail: chris.frye@steidl-steinberg.com
In re Almitas Latinas, LLC
Bankr. S.D. Tex. Case No. 25-34816
Chapter 11 Petition filed August 19, 2025
See
https://www.pacermonitor.com/view/ITVZHPQ/Almitas_Latinas_LLC__txsbke-25-34816__0001.0.pdf?mcid=tGE4TAMA
represented by: Reese Baker, Esq.
BAKER & ASSOCIATES
E-mail: courtdocs@bakerassociates.net
In re NB Mountain Valley Leaseco, LLC
Bankr. N.D. W.Va. Case No. 25-00457
Chapter 11 Petition filed August 19, 2025
See
https://www.pacermonitor.com/view/GMMY2CI/NB_Mountain_Valley_Leaseco_LLC__wvnbke-25-00457__0001.0.pdf?mcid=tGE4TAMA
represented by: Stephen L. Thompson, Esq.
BARTH & THOMPSON
E-mail: sthompson@barth-thompson.com
In re Elite Designs and Remodeling, Inc.
Bankr. C.D. Cal. Case No. 25-12315
Chapter 11 Petition filed August 20, 2025
See
https://www.pacermonitor.com/view/T46MV4Q/Elite_Designs_and_Remodeling_Inc__cacbke-25-12315__0001.0.pdf?mcid=tGE4TAMA
represented by: Anerio Ventura Altman, Esq.
LAKE FOREST BANKRUPTCY
E-mail: avaesq@lakeforestbkoffice.com
In re Chestnut Oak Drive North, LLC
Bankr. M.D. Fla. Case No. 25-02861
Chapter 11 Petition filed August 20, 2025
Filed Pro Se
In re Peter Richard Nieto
Bankr. E.D. La. Case No. 25-11825
Chapter 11 Petition filed August 20, 2025
In re Joseph S. Cohen
Bankr. D.N.J. Case No. 25-18758
Chapter 11 Petition filed August 20, 2025
represented by: David Bruck, Esq.
GREENBAUM, ROWE, SMITH & DAVIS LLP
Email: dbruck@greenbaumlaw.com
In re Chicago South Loop Hotel Owner LLC
Bankr. E.D.N.C. Case No. 25-03211
Chapter 11 Petition filed August 20, 2025
See
https://www.pacermonitor.com/view/PXA64QA/Chicago_South_Loop_Hotel_Owner__ilnbke-25-12829__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re JHRG Manufacturing LLC
Bankr. E.D.N.C. Case No. 25-03211
Chapter 11 Petition filed August 20, 2025
See
https://www.pacermonitor.com/view/RI32AYA/JHRG_Manufacturing_LLC__ncebke-25-03211__0001.0.pdf?mcid=tGE4TAMA
represented by: Benjamin R. Eisner, Esq.
THE LAW OFFICES OF GEORGE OLIVER, PLLC
In re Matthew L. Keith and Kimberly A. Keith
Bankr. W.D. Pa. Case No. 25-22180
Chapter 11 Petition filed August 20, 2025
represented by: Donald Calaiaro, Esq.
CALAIARO VALENCIK
In re Hielo del Cielo LLC
Bankr. N.D. Tex. Case No. 25-43082
Chapter 11 Petition filed August 20, 2025
See
https://www.pacermonitor.com/view/RH6ICNA/Hielo_del_Cielo_LLC__txnbke-25-43082__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert T DeMarco, Esq.
DEMARCO MITCHELL, PLLC
E-mail: robert@demarcomitchell.com
In re Alvin's Courier Service, Inc.
Bankr. M.D. Ala. Case No. 25-31975
Chapter 11 Petition filed August 21, 2025
See
https://www.pacermonitor.com/view/AE4RKOA/Alvins_Courier_Service_Inc__almbke-25-31975__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Lin Xu
Bankr. C.D. Cal. Case No. 25-17282
Chapter 11 Petition filed August 21, 2025
In re Mountain Empire Enterprises LLC
Bankr. N.D. Cal. Case No. 25-51282
Chapter 11 Petition filed August 21, 2025
See
https://www.pacermonitor.com/view/CU6KOBQ/Mountain_Empire_Enterprises_LLC__canbke-25-51282__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re C & S Memorial, Inc
Bankr. W.D. La. Case No. 25-50731
Chapter 11 Petition filed August 21, 2025
See
https://www.pacermonitor.com/view/DK46UDA/C__S_Memorial_Inc__lawbke-25-50731__0001.0.pdf?mcid=tGE4TAMA
represented by: H. Kent Aguillard, Esq.
H. KENT AGUILLARD
E-mail: kent@aguillardlaw.com
In re Chez Joey, LLC
Bankr. D. Md. Case No. 25-17669
Chapter 11 Petition filed August 21, 2025
See
https://www.pacermonitor.com/view/G2RM6CQ/Chez_Joey_LLC__mdbke-25-17669__0001.0.pdf?mcid=tGE4TAMA
represented by: Thomas J Maronick Jr., Esq.
LAW OFFICE OF THOMAS J. MARONICK JR, LLC
E-mail: tom@maronicklaw.com
In re Bottoms Up Gentlemen's Club LLC
Bankr. D. Md. Case No. 25-17671
Chapter 11 Petition filed August 21, 2025
See
https://www.pacermonitor.com/view/HUCR5ZY/Bottoms_Up_Gentlemens_Club_LLC__mdbke-25-17671__0001.0.pdf?mcid=tGE4TAMA
represented by: Thomas J Maronick Jr., Esq.
LAW OFFICE OF THOMAS J. MARONICK JR, LLC
E-mail: tom@maronicklaw.com
In re KP Home Flippers LLC
Bankr. D. Md. Case No. 25-17650
Chapter 11 Petition filed August 21, 2025
See
https://www.pacermonitor.com/view/HKBIGRQ/KP_Home_Flippers_LLC__mdbke-25-17650__0001.0.pdf?mcid=tGE4TAMA
represented by: Gary S Poretsky, Esq.
THE LAW OFFICES OF GARY S PORETSKY, LLC
E-mail: gary@plgmd.com
In re DIA Investment Group LLC
Bankr. D.N.J. Case No. 25-18763
Chapter 11 Petition filed August 21, 2025
See
https://www.pacermonitor.com/view/JDERMSA/DIA_Investment_Group_LLC__njbke-25-18763__0001.0.pdf?mcid=tGE4TAMA
represented by: Brett Silverman, Esq.
SILVERMAN LAW PLLC
E-mail: brett@getconciergelaw.com
In re Anchorage Hangar Investments LLC
Bankr. D.N.M. Case No. 25-11020
Chapter 11 Petition filed August 21, 2025
See
https://www.pacermonitor.com/view/433E52Q/Anchorage_Hangar_Investments_LLC__nmbke-25-11020__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Jeffrey Michael Strauss
Bankr. E.D. Pa. Case No. 25-13323
Chapter 11 Petition filed August 21, 2025
represented by: David Smith, Esq.
SMITH KANE HOLMAN, LLC
E-mail: dsmith@skhlaw.com
In re David Moche
Bankr. S.D.N.Y. Case No. 25-11831
Chapter 11 Petition filed August 21, 2025
represented by: Douglas Pick, Esq.
In re John Mitchell Anderson
Bankr. M.D. Tenn. Case No. 25-03466
Chapter 11 Petition filed August 21, 2025
represented by: Jay Lefkovitz, Esq.
LEFKOVITZ & LEFKOVITZ, PLLC
In re R&R Tenn Real Estate Holdings LLC
Bankr. M.D. Tenn. Case No. 25-03475
Chapter 11 Petition filed August 21, 2025
See
https://www.pacermonitor.com/view/CZEHWNQ/RR_TENN_REAL_ESTATE_HOLDINGS__tnmbke-25-03475__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert J. Gonzales, Esq.
EMERGELAW, PLC
E-mail: ecf@emerge.law
In re Corey Edward Robinson
Bankr. M.D. Tenn. Case No.25-03486
Chapter 11 Petition filed August 21, 2025
represented by: Robert Gonzales, Esq.
In re Cody Darrell Munger and Becky Louise Munger
Bankr. D. Utah Case No. 25-24898
Chapter 11 Petition filed August 21, 2025
represented by: Steven Rogers, Esq.
In re Keskin Inc.
Bankr. D. Md. Case No. 25-17696
Chapter 11 Petition filed August 22, 2025
See
https://www.pacermonitor.com/view/PRCXZ2I/Keskin_Inc__mdbke-25-17696__0001.0.pdf?mcid=tGE4TAMA
represented by: Michael P. Coyle, Esq.
THE COYLE LAW GROUP
E-mail: mcoyle@thecoylelawgroup.com
In re Jean W. Samedi
Bankr. D. Mass. Case No. 25-11750
Chapter 11 Petition filed August 22, 2025
represented by: David Madoff, Esq.
In re Jeffrey Paul Brockberg and Debra Jean Brockberg
Bankr. D. Minn. Case No. 25-50581
Chapter 11 Petition filed August 22, 2025
In re Manna Madison Avenue LLC
Bankr. S.D.N.Y. Case No. 25-11839
Chapter 11 Petition filed August 22, 2025
See
https://www.pacermonitor.com/view/LM5LFLQ/Manna_Madison_Avenue_LLC__nysbke-25-11839__0001.0.pdf?mcid=tGE4TAMA
represented by: Brian J. Hufnagel, Esq.
MORRISON TENENBAUM PLLC
E-mail: bjhufnagel@m-t-law.com
In re Itanom, LLC
Bankr. W.D.N.C. Case No. 25-30861
Chapter 11 Petition filed August 22, 2025
See
https://www.pacermonitor.com/view/LZOSBGY/ITANOM_LLC__ncwbke-25-30861__0001.0.pdf?mcid=tGE4TAMA
represented by: John C. Woodman, Esq.
ESSEX RICHARDS PA
E-mail: jwoodman@essexrichards.com
In re Discount Auto Glass Inc.
Bankr. W.D. Pa. Case No. 25-22204
Chapter 11 Petition filed August 22, 2025
See
https://www.pacermonitor.com/view/AKJKXLY/Discount_Auto_Glass_Inc__pawbke-25-22204__0001.0.pdf?mcid=tGE4TAMA
represented by: Christopher M. Frye, Esq.
STEIDL & STEINBERG, P.C.
E-mail: chris.frye@steidl-steinberg.com
In re Honor Studios LLC
Bankr. N.D. Tex. Case No. 25-43139
Chapter 11 Petition filed August 22, 2025
See
https://www.pacermonitor.com/view/2NBJZ3I/Honor_Studios_LLC__txnbke-25-43139__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert T DeMarco, Esq.
DEMARCO MITCHELL, PLLC
E-mail: robert@demarcomitchell.com
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Monday's edition of the TCR delivers a list of indicative prices
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S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
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Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
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