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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, September 11, 2025, Vol. 29, No. 253
Headlines
129 WEST CONCORD: Files Emergency Bid to Use Cash Collateral
23ANDME HOLDINGS: California Says Sale Breached Privacy Law
73 MARKET LESSEE: Seeks Chapter 7 Bankruptcy in New York
741 INC: Hires Kutner Brinen Dickey as Legal Counsel
ABUELO'S INTERNATIONAL: Gets Interim OK to Use Cash Collateral
ADDISON STATION: Claims to be Paid from Cash Infusion
AGREETA SOLUTIONS: Taps Theodore Stapleton as Legal Counsel
ALLSTAR PROPERTIES: Seeks to Use Cash Collateral
ALTICE USA: Switches Advisers in Push to Restart Debt Talks
AMALGAMATE PROCESSING: Files Emergency Bid to Use Cash Collateral
APOGEE BREWING: Employs eXp Realty as Commercial Real Estate Broker
ARCHDIOCESE OF NEW ORLEANS: Announces Multimillion Abuse Settlement
ARDENT HEALTH: S&P Rates Proposed Repriced Term Loan 'BB-'
ARTICON HOTEL: Seeks Cash Collateral Access
ATLAGAS LTD: Fitch Assigns 'BB+' Rating on Jr. Subordinated Notes
B & H MANAGEMENT: Taps Whiteford Taylor & Preston as Co-Counsel
B.L.H.G. GROUP: Seeks to Hire JMFS as Accounting Professional
BALANCE LIFE: Court Dismisses Chapter 11 Bankruptcy Case
BELLA INVESTMENT: Seeks Chapter 11 Bankruptcy in Pennsylvania
BENNY AND MARY'S: Employs AGK Business as Bookkeeper
BERTUCCI'S RESTAURANTS: Closes Greater Boston Location in Ch. 11
BLUE DUCK: Unsecured Creditors to be Paid in Full over 60 Months
BREWER MACHINE: Employs Ebelhar Whitehead PLLC as Accountant
CANDLE 28: Case Summary & 20 Largest Unsecured Creditors
CLAIRE'S STORES: Gets Court Approval to Sell US Stores for $104MM
CLARIOS GLOBAL: Fitch Rates Proposed Sr. Unsecured Notes 'CCC+'
COLLECTIVE INVESTMENT: Hires Conway Law Group as Legal Counsel
COLLECTIVE INVESTMENT: Taps John Williams Gordon as Property Agent
CTL-AEROSPACE INC: Seeks Chapter 11 Bankruptcy in Ohio
CUBCOATS ACQUISITION: Hires Orantes Law Firm as General Bankruptcy
DATAVAULT AI: Issuance of 5M in Waiver Agreement OK'd
DB TRANSPORT: Seeks Subchapter V Bankruptcy in Mississippi
DCA OUTDOOR: Seeks to Obtain $8MM DIP Loan From Summit
DEEP BLUE: S&P Assigns 'BB-' Issuer Credit Rating, Outlook Stable
DIOCESE OF OAKLAND: Wants Ch. 11 Case Dismissed, Resume Mediation
DIOCESE OF SYRACUSE: Judge Okays $176MM Bankruptcy Plan
DMO NORTH: Files Emergency Bid to Use Cash Collateral
EAST COAST DESIGNS: Hires Nicholson Devine LLC as Legal Counsel
ELITE EQUIPMENT: Seeks Chapter 11 Bankruptcy in Montana
ENERGIZER HOLDINGS: S&P Rates New $300MM Sr. Unsecured Notes 'B'
ENKB-MONTICELLO LLC: Seeks Chapter 11 Bankruptcy in Texas
ERIE KASH: Unsecureds to Get Share of Income for 3 Years
EVANGELINE HOSPITALITY: Case Summary & 20 Top Unsecured Creditors
EVERGREEN LODGING: Hires Kutner Brinen as Legal Counsel
FOREST CITY REALTY: S&P Lowers ICR to 'CCC' on Refinancing Risk
FREEDOM 26: To Sell SMB Properties to F&E 2012 for $16.5MM
GABHALTAIS TEAGHLAIGH: Hires Bernkopf Goodman as Special Counsel
GRANT ANTIQUES: Unsecureds Will Get 16% of Claims over 60 Months
HAVOC BREWING: Employs Hollingsworth Avent as Accountant
HAYDALE CERAMIC: Amends Unsecured Claims Pay Details
IASO PARENT: S&P Assigns 'B' Issuer Credit Rating, Outlook Stable
IN HOME: To Sale East Dundee Property to Ellen R. Heffron
IOVATE HEALTH: Chapter 15 Case Summary
IRON HORSE: Hires Okin Adams Bartlett Curry LLP as Legal Counsel
J PAUL ROOFING: Seeks to Hire Robert Lane as Legal Counsel
JACKSON HOSPITAL: Lender Says Contractor's Attys Use AI in Cases
JILL'S OFFICE: Seeks Cash Collateral Access Until Dec. 31
KARBONX CORP: Delays 10-K Filing for FY Ended May 31
KEESTONE PROPERTIES OF TN: Case Summary & 4 Unsecured Creditors
KEESTONE PROPERTIES: Case Summary & Five Unsecured Creditors
KYI ENTERPRISES: Case Summary & 15 Unsecured Creditors
LAREDO OIL: Delays 10-K Filing for FY Ended May 31
LEARFIELD COMMUNICATIONS: S&P Upgrades ICR to 'B', Outlook Stable
LENGENCE HOLDINGS: S&P Places 'B-' ICR on CreditWatch Positive
LEONARD 17: Seeks Chapter 7 Bankruptcy in New York
LION CONSTRUCTION: Seeks Chapter 7 Bankruptcy in Pennsylvania
M & M FARMS: Seeks Chapter 11 Bankruptcy in Pennsylvania
MACHINE TOOL: Court OKs Terre Haute Property Sale to Curtis Gray II
MARK L. OBMAN DDS: Section 341(a) Meeting of Creditors on Oct. 2
MARQUIE GROUP: Delays 10-K Filing for FY Ended May 31
MARYLAND ECONOMIC: S&P Affirms 'BB' Rating on 2013 Revenue Bonds
MATADOOR RESTAURANT: Hires FranBizNetwork as Franchise Broker
MAYFIELD MEDICAL: Seeks to Use Cash Collateral
MIDSOUTH AUTO: Seeks Chapter 11 Bankruptcy in Mississippi
MIMOSAS A CALI: Hires AGK Business Services as Bookkeeper
MISSION MEDICAL: Case Summary & 20 Largest Unsecured Creditors
MOD JEWELRY: Files Emergency Bid to Use Cash Collateral
MODEL TOBACCO: Trustee Hires CohnReznick as Tax Accountant
MOUNTAIN VIEW: Court Disapproves Motion to Sell Ardmore Mall
MYELLA INC: Seeks Cash Collateral Access
NAB HOLDINGS: S&P Alters Outlook to Stable, Affirms 'B+' ICR
NAVELLIER & ASSOCIATES: Seeks Chapter 11 Bankruptcy in Nevada
NOBLE LIFE: Seeks $300,000 DIP Loan
NW ALPINE: Goes Out of Business, Shuts Down Operations
ONSITE CONSTRUCTION: Hires Griffith McDaniel as Special Counsel
OPEN THROTTLE: Prepetition Funds & License Proceeds to Fund Plan
OPTION CARE: S&P Rates New $678 Million First-Lien Term Loan 'BB'
OUTFRONT MEDIA: S&P Rates $500MM Revolving Credit Facility 'BB'
P4 EXECUTIVE: Seeks Subchapter V Bankruptcy in Texas
PACKABLE HOLDINGS: Court Tosses Preference Claims in Ch. 11
PC LEARNING: Case Summary & 20 Largest Unsecured Creditors
PHCV4 HOMES: Court OKs 31 Vacant Lot Sale to Team Steber
PINSTRIPES HOLDINGS: Seeks Ch. 11 Bankruptcy Along w/ Affiliates
PINSTRIPES HOLDINGS: Seeks to Sell Restaurant Biz at Auction
PRAESUM HEALTHCARE: Suzanne Richards Appointed as PCO
R.C. CONSTRUCTION: Files Emergency Bid to Use Cash Collateral
RE4 GEORGIA: Continued Operations and Sale Proceeds to Fund Plan
RUNITONETIME LLC: Committee Taps Morrison & Foerster as Counsel
RUNITONETIME: Committee Taps Huron as Financial Advisor
RYLIE DAVIS: Court OKs Alpharetta Property Sale to 4015 Discovery
S&S FOODS: Unsecured Creditors Will Get 15% Dividend in Plan
SAKS GLOBAL: S&P Upgrades ICR to 'CCC', Outlook Negative
SAMARITAN MEDICAL: S&P Affirms 'BB' Rating on 2017A/B Revenue Bonds
SAY IT VISUALLY: Unsecured Creditors to Split $14K in Plan
SEBA ABODE: Unsecured Creditors Will Get 20% of Claims in Plan
SF OAKLAND: Seeks to Use Cash Collateral
SIGNIA LTD: Amends Unsecured Claims Pay Details
SILICON VALLEY: Owes Over $76MM Taxes to State, Says California
SION HOMES: Seeks Chapter 7 in Florida
SIYATA MOBILE: Amends Merger Agreement With Core Gaming
SOLAR BIOTECH: Judge to Approve Post-Sale Ch. 11 Liquidation
SOLSTICE ADVANCED: S&P Assigns 'BB+' ICR, Outlook Stable
SONOMA PHARMACEUTICALS: All Proposals Approved at Annual Meeting
SOUTHWEST FT WORTH: PCO Report Raises Concern Over Resident Safety
SPIRIT AIRLINES: Chapter 11 Filing Triggers Debt Acceleration
SPIRIT AIRLINES: Faces $75.6M Potential Fees in AerCap Dispute
SPIRIT AIRLINES: Gets Court OK to Tap Over $275MM to Fund Ch. 11
SPIRIT AIRLINES: Parent Awards $6.3M in Executive Retention Bonuses
SPIRIT AVIATION: Seeks Cash Collateral Access
STANTON VIEW: Gets Interim OK to Use Cash Collateral
STREAMLINE SOLUTIONS: Seeks Chapter 7 Bankruptcy in Pennsylvania
STRUCTURE ACE: Hires De Leo Law Firm as Legal Counsel
TALLGRASS ENERGY: Fitch Rates Proposed Sr. Unsecured Notes 'BB-'
TELLICO RENTALS: To Sell Plains Property to J. Trammell & R. Harris
TPI COMPOSITES: Gets Court OK to Hand Over Turkish Operations
TRB SUPPLY: Files Emergency Bid to Use Cash Collateral
TRICOLOR AUTO GROUP: Prepares for Bankruptcy Filing
TWS SERVICE: Seeks Subchapter V Bankruptcy in Texas
TX NUEVA: Seeks Chapter 11 Bankruptcy in Texas
UNRIVALED BRANDS: Seeks to Tap Amaren Group as Tax Accountant
VENETIAN NAIL: Files Emergency Bid to Use Cash Collateral
VENUS CAPITAL: Chapter 15 Case Summary
VENUS GLOBAL: Chapter 15 Case Summary
VILLAGES HEALTH: Judge Approves Sale to Centerwell
WHITE BEHAVIORAL: Hires Osipov Bigelman as Legal Counsel
WILCOV HOLDINGS: To Sell Riverdale Property to Curtis Thompson
WOLFSPEED INC: Court Approves MACOM Share Sale in Private Sale
YOUR MAJESTIC: Claims to be Paid from Continued Operations
ZAYO GROUP: S&P Rates New $3,834MM Senior Secured Term Loan 'B-'
ZOOZ POWER: Posts $7 Million Net Loss for H1 2025
[] Bankruptcy Filings in Colorado Climb 8% in August 2025
[^] Recent Small-Dollar & Individual Chapter 11 Filings
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129 WEST CONCORD: Files Emergency Bid to Use Cash Collateral
------------------------------------------------------------
129 West Concord Street, LLC asks the U.S. Bankruptcy Court for the
District of Massachusetts for authority to use cash collateral and
provide adequate protection.
Specifically, the Debtor seeks to use rental income from its real
estate property located at 990-992 Tremont Street, Roxbury,
Massachusetts. It continues to operate as a debtor-in-possession
and is managing this income-generating property, which includes one
commercial unit and three residential units, two of which are
rented while the Debtor's member resides in the third.
The property currently generates $6,600 per month in rental income
-- $3,000 from the commercial space and $3,600 from the two
residential units. This rental income constitutes cash collateral
under the Bankruptcy Code. The property is subject to a first
mortgage held by Hingham Institution for Savings, originally
recorded in 2013, securing a claim of approximately $460,000. This
mortgage is current and includes an assignment of rents clause.
The Debtor values the property at approximately $2 million,
indicating significant equity above the mortgage balance. The
Debtor has prepared a budget for the period from September to
December and seeks to use the rental income to pay ordinary
operating expenses, including maintenance, property insurance,
taxes, debt service, and tenant services.
The Debtor emphasizes that without the ability to use the rent
proceeds, the property's value would decline, posing harm to the
bankruptcy estate and impairing its ability to reorganize.
To provide adequate protection to the mortgage holder, the Debtor
proposes the following:
1. Maintenance of insurance on the property (already in place);
2. Granting a replacement lien to Hingham Institution for
Savings on post-petition property of the same type and priority as
the pre-petition lien, limited to the extent of any diminution in
value of the collateral resulting from the use of cash collateral;
and
3. Continuation of monthly mortgage payments, which will be
applied to principal, interest, taxes, and insurance.
The Debtor clarifies that, as this case is in its early stages, it
has not yet developed a formal plan of reorganization. However, it
asserts that allowing use of cash collateral is critical to
maintaining property value and preserving the Debtor's ability to
propose a viable plan in the future.
Hingham Institution for Savings is represented by:
Kevin W. Gaughen, Jr., Esq.
Gaughen, Gaughen, Lane & Hernando, LLP
528 Broad Street
Weymouth, MA 02189
Tel: (781) 335-0374
Fax: (781) 340-6315
kevingaughenjr@gaughenlane.com
About 129 West Concord Street
129 West Concord Street, LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-11705) on Aug.
16, 2025, listing up to $10 million in both assets and
liabilities.
Judge Christopher J. Panos oversees the case.
The Debtor is represented by the Law Offices of John F.
Sommerstein.
23ANDME HOLDINGS: California Says Sale Breached Privacy Law
-----------------------------------------------------------
Clara Geoghegan of Law360 reports that the state of California is
urging a Missouri federal judge to overturn the $305 million
bankruptcy sale of consumer DNA testing company 23andMe, saying the
deal bypassed state consumer privacy protections.
About 23andMe Holding Co.
23andMe Holding Co. is a genetics-led consumer healthcare and
biotechnology company in San Francisco, Calif. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe and 11 affiliated debtors each filed a
voluntary petition for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mo. Lead Case No. 25-40976). 23andMe
disclosed $277,422,000 in total assets against $214,702,000 in
total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Morgan, Lewis &
Bockius, LLP and Carmody MacDonald, PC serve as legal counsel to
the Debtors while Alvarez & Marsal North America, LLC serve as the
restructuring advisor. The Debtors tapped Reevemark, LLC and Scale
Strategy Operations, LLC as communications advisors and Kroll
Restructuring Administration Services, LLC as claims agent.
Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter LLP serve
as special local counsel, investment banker, and legal advisor to
the Special Committee of 23andMe's Board of Directors,
respectively.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Debtors'
Chapter 11 cases. The committee tapped Kelley Drye & Warren, LLP
and Stinson, LLP as legal counsel and FTI Consulting, Inc. as
financial advisor.
73 MARKET LESSEE: Seeks Chapter 7 Bankruptcy in New York
--------------------------------------------------------
On September 8, 2025, 73 Market Lessee LLC filed a voluntary
Chapter 7 bankruptcy in the Southern District of New York. The
petition lists liabilities between $100,001 and $1 million, with an
estimated 1–49 creditors.
About 73 Market Lessee LLC
73 Market Lessee LLC is a real estate company.
73 Market Lessee LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11946) on September 1,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between
$100,001 and $1 million.
Honorable Bankruptcy Judge Martin Glenn handles the case.
The Debtor is represented by Todd E. Duffy, Esq. at Duffyamedeo
LLP.
741 INC: Hires Kutner Brinen Dickey as Legal Counsel
----------------------------------------------------
741, Inc. d/b/a Wisdom Rides of America seeks approval from the
U.S. Bankruptcy Court for the District of Colorado to hire Kutner
Brinen Dickey Riley, P.C. to serve as legal counsel in its Chapter
11 case.
The firm will provide these services:
(a) provide the Debtor with legal advice with respect to its
powers and duties;
(b) aid the Debtor in the development of a plan of
reorganization under Chapter 11;
(c) file the necessary petitions, pleadings, reports, and
actions which may be required in the continued administration of
the Debtor's property under Chapter 11;
(d) take necessary actions to enjoin and stay until final decree
herein continuation of pending proceedings and to enjoin and stay
until final decree herein commencement of lien foreclosure
proceedings and all matters as may be provided under 11 U.S.C.
Section 362; and
(e) perform all other legal services for the Debtor which may be
necessary herein.
The firm will receive these hourly rates:
Jeffrey S. Brinen $540
Jenny Fujii $440
Jonathan M. Dickey $400
Keri L. Riley $390
Paralegal $100
Kutner Brinen Dickey Riley, P.C. is a "disinterested" person within
the meaning of the Bankruptcy Code, according to court filings.
The firm can be reached at:
Jonathan M. Dickey, Esq.
KUTNER BRINEN DICKEY RILEY, P.C.
1660 Lincoln Street, Suite 1720
Denver, CO 80264
Telephone: (303) 832-2400
E-mail: jmd@kutnerlaw.com
About 741 Inc.
741 Inc., doing business as Wisdom Rides of America, manufactures
and designs amusement rides from its base in Merino, Colorado. The
Company produces attractions such as roller coasters, family rides,
and thrill rides, and also provides refurbishment, parts, and
maintenance services. Its products serve amusement parks, traveling
carnivals, and family entertainment centers across the United
States and internationally.
741 Inc. sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Col. Case No. 25-15550) on August 28, 2025. In its
petition, the Debtor reports total assets of $1,425,326 and total
liabilities of $6,760,662.
Honorable Bankruptcy Judge Thomas B. McNamara handles the case.
The Debtor is represented by Jonathan M. Dickey, Esq. at KUTNER
BRINEN DICKEY RILEY.
ABUELO'S INTERNATIONAL: Gets Interim OK to Use Cash Collateral
--------------------------------------------------------------
Abuelo's International, L.P. and affiliates got the green light
from the U.S. Bankruptcy Court for the Northern District of Texas,
Fort Worth Division, to use cash collateral to fund operations.
The court's order authorized the Debtors' interim use of cash
collateral in accordance with their budget pending a final
hearing.
As of the petition date, the Debtors held approximately $484,665 in
cash deposits and receivables, plus $643,536 in inventory, all
considered cash collateral needed to sustain operations and
restructure.
First Bank & Trust and Ben Keith, a major supplier, are the secured
creditors holding liens or other interests in the cash collateral.
The Debtors' $8 million loan owed to First Bank & Trust is secured
by nearly all of their assets, including leases, inventory, and
receivables. Meanwhile, Mr. Keith's security interest in the
Debtors' assets is subordinate to First Bank & Trust's interest.
As adequate protection, the secured creditors will be granted a
replacement lien on assets acquired by the Debtors after the
bankruptcy filing that are similar to their pre-bankruptcy
collateral. The replacement lien is subject to a fee carveout.
The Debtors' authority to use cash collateral terminates on
September 26 or upon the dismissal or conversion of their Chapter
11 cases; the appointment of a trustee or examiner with expanded
powers; the occurrence of the effective date or consummation date
of a plan of reorganization for the Debtors; or the entry of a
court order reversing, staying, vacating or modifying the terms of
the interim order, whichever comes first.
A final hearing is set for September 22. The deadline for filing
objections is on September 19.
About Abuelo's International L.P.
Abuelo's International, L.P. operates the Abuelo's Mexican
Restaurant locations, managing day-to-day restaurant operations,
customer service, and loyalty programs across the U.S. Food
Concepts International, L.P., headquartered in Lubbock, Texas, owns
and oversees the brand, providing management, strategic direction,
employee training, and menu development.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-43339) on September
2, 2025. In the petition signed by Robert L. Lin, President of ABI
GP, LLC, the general partner of Abuelo's International, L.P., and
as President of FC GPH, LLC LP, the general partner of Food
Concepts International, the Debtor disclosed up to $50 million in
assets and up to $10 million in liabilities.
Judge Edward L. Morris oversees the case.
Joseph F. Postnikoff, Esq., at Rochelle McCullough, LLP, represents
the Debtor as legal counsel.
ADDISON STATION: Claims to be Paid from Cash Infusion
-----------------------------------------------------
Addison Station LLC filed with the U.S. Bankruptcy Court for the
District of Maryland a Disclosure Statement with respect to Plan of
Reorganization dated September 3, 2025.
In the early 2000s, William Youngblood ("Youngblood") was a Prince
George's County businessman who held himself out as politically
connected. In 2004, Youngblood sought funding sources for several
real estate development projects in Prince George's County, touting
his political connections as a means to expedite those projects.
One of those projects was 20.7 acres of land near the Addison Road
Metro Station in Seat Pleasant, MD ("Addison Station Property")
intended for development into a residential townhome community (the
"Addison Station Project"). Youngblood signed operating agreements
for Addison Station LLC and Stepping Stones Development LLC
("Stepping Stones Development") on December 1, 2004, listing
himself as the sole member of each entity.
On December 2, 2004, Youngblood acquired the Addison Station
Property for the Addison Station Project from Addison Development
Company in exchange for a $3,000,000 seller take-back note due in
June 2006. One source of funding for Youngblood's real estate
development projects was Alan C. (Skip) Gault, Jr ("Gault"). Gault
and his businesses—ABP Investment LP ("ABP") and Great American
Land LC ("GAL")—loaned money to Addison Station LLC and
Youngblood's other entities.
Youngblood was apparently also borrowing funds from Francis and
Teresa Crawford (the "Crawfords"). Youngblood did not disclose to
ABP, GAL, and Gault that Addison Station had unpaid notes held by
the Crawfords. Until receiving service of a lawsuit, Gault and ABP
were unaware of the Crawfords' existence, let alone the fact that
Addison Station LLC had issued unpaid notes to them.
The events precipitating this bankruptcy were a lawsuit commenced
by the Crawfords in Prince George's County, Maryland.
The Plan proposes the transfer of the ABP Collateral to ABP,
creating an allowed combined unsecured and deficiency claim for ABP
in the amount of $17,430,927.00. Gault will cause to be paid
$370,000.00 (the "Cash Infusion") which is calculated to be the
amount that would be received by the estate in a Chapter 7 case for
Lot 12 and the 6232 Property. After the Crawford Claim is
determined and all other Claim Objections are resolved, the Debtor
will distribute all cash of the estate to creditors pro rata.
Class 3 consists of Unsecured Claims. On the Distribution Date, the
Debtor shall pay any proceeds remaining from the Cash Infusion
after payment of all costs of sale, Post-Effective Date Expenses,
U.S. Trustee fees and Administrative Expenses, Secured Claims, and
Priority Claims, to holders of General Unsecured Claims in full and
complete satisfaction of any General Unsecured Claims pro rata.
Holders of Allowed Class 3 Claims are impaired entitled to vote to
accept or reject the Plan.
Subject to potential objections, the unsecured claims currently
are: ABP deficiency claim $8,182,839.43 (Claim 4-1); ABP unsecured
claim: $9,248,087.57 (Claim 3-1); Crawfords' claim: $4,131,750.00
(Claim 2-1); Meyers, Rodbell & Rosenbaum $18,823.67 (Scheduled);
Tom Mateya $5,000.00 (Scheduled); and WSSC $500.00 (Scheduled).
Holders of Class 4 Interests shall have their Interests reinstated
under the Plan in exchange for the Cash Infusion, and shall receive
all proceeds of the Cash Infusion after payment of all costs of
sale, Post-Effective Date Expenses, U.S. Trustee fees and
Administrative Expenses, Secured Claims, Priority Claims, and
General Unsecured Claims. Class 4 Interests are impaired.
In full and complete satisfaction of the Allowed Secured Claim of
ABP against the ABP Collateral, on the Effective Date, the Debtor
shall convey the ABP Collateral to ABP free and clear of liens. In
full and complete satisfaction of the Allowed Secured Claim of ABP
against the ABP Collateral, on the Effective Date, the Debtor shall
convey the ABP Collateral to ABP or its assigns free and clear of
liens.
Within 14 days of the Effective Date, the members of the Debtor
shall cause to be paid $370,000.00 to the Bankruptcy Estate (the
"Cash Infusion").
On the Effective Date, the 6232 Property and Lot 12 shall vest in
the Debtor, subject to the Liens and other obligations expressly
created or preserved by this Plan, but otherwise free and clear of
all other liens, claims, interests and encumbrances. All rights to
manage the Debtor shall be vested in the Debtor, including any
right to appeal the Confirmation Order.
A full-text copy of the Disclosure Statement dated September 3,
2025 is available at https://urlcurt.com/u?l=BUwqD8 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Justin P. Fasano, Esq.
McNamee Hosea, P.A.
6404 Ivy Lane, Suite 820
Greenbelt, MD 20770
Tel: (301) 441-2420
Fax: 301-982-9450
Email: jfasano@mhlawyers.com
About Addison Station LLC
Addison Station LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Md. Case No. 25-1312) on April 10, 2025.
In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities between $10 million
and $50 million.
The Debtor is represented by Steven L. Goldberg, Esq. at MCNAMEE
HOSEA, P.A.
AGREETA SOLUTIONS: Taps Theodore Stapleton as Legal Counsel
-----------------------------------------------------------
Agreeta Solutions USA, LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Georgia to hire Theodore N.
Stapleton, P.C. as legal counsel in its Chapter 11 case.
The firm will provide these services:
(a) advise the Debtor regarding matters of bankruptcy law,
including the rights, obligations, and remedies of the Debtor as
Debtor-in-Possession with respect to its assets and creditors;
(b) prepare and assist in the preparation of pleadings,
exhibits, applications, reports, accountings, and other documents
necessary to the administration of the proceedings;
(c) investigate, analyze, and evaluate potential claims of the
estate, including recovery of avoidable transfers under the
Bankruptcy Code;
(d) advise the Debtor concerning Chapter 11 plans and
alternatives;
(e) represent the Debtor at hearings and conferences, and
prepare related pleadings and papers; and
(f) represent and assist the Debtor with regard to any and all
other matters relating to the administration of the case.
TNS will be compensated at its customary hourly rates in effect on
the date services are rendered and reimbursed for reasonable
expenses, as approved by the Court.
According to filings, TNS does not hold or represent an interest
adverse to the Debtor's estate and is a "disinterested" person
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Theodore N. Stapleton, Esq.
THEODORE N. STAPLETON, P.C.
Suite 100-B
2802 Paces Ferry Road
Atlanta, GA 30339
Telephone: (770) 436-3334
E-mail: tstaple@tstaple.com
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. It 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 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 reported between $10 million and
$50 million in assets and liabilities.
The Debtor is represented by Theodore N. Stapleton, Esq.
ALLSTAR PROPERTIES: Seeks to Use Cash Collateral
------------------------------------------------
Allstar Properties, LLC, Allstar Properties I, LLC, and ACH Rental
Properties, LLC ask the U.S. Bankruptcy Court for the Northern
District of Georgia, Rome Division, for authority to use cash
collateral and provide adequate protection.
The Debtors argue that use of cash collateral is essential to
maintain property values and ensure a successful reorganization.
The cash collateral includes rental income from the commercial and
residential properties (held by Allstar Properties I and ACH) and
possibly some residual funds in Allstar Properties' accounts
(approximately $10,000 on the petition date). The Debtors
acknowledge that to the extent these rents and funds are encumbered
by properly recorded Assignments of Rents or Deeds to Secure Debt,
they constitute cash collateral under 11 U.S.C. section 363(a).
To protect the interests of secured creditors, the Debtors propose
granting replacement liens on post-petition assets to each lender,
matching the scope, validity, and priority of each lender's
pre-petition position. They also reserve the right to propose
additional forms of adequate protection at future hearings if
necessary.
The Debtors' request to use cash collateral arises in the context
of their Chapter 11 filings on August 31, prompted largely by
impending foreclosure actions initiated by one of their major
lenders, AgSouth Farm Credit, Inc. These foreclosures involved 16
parcels of real property spread across the three Debtors. The
Debtors assert that they have significant equity in the properties
-- substantially more than the outstanding debt -- which
necessitated the Chapter 11 filings to preserve those assets.
All three entities are owned or majority-owned by Andrew Heaner,
who also holds interests in other businesses. His personal and
business liquidity was significantly affected by issues related to
RAMBO 1, LLC, an entity currently in Chapter 7 bankruptcy, which
ultimately contributed to the Debtors' defaults on multiple secured
loans.
About Allstar Properties LLC
Allstar Properties, LLC and affiliates are Georgia-based real
estate companies that hold and manage property assets. The Allstar
entities focus on property ownership, while ACH Rental Properties
provides property management and rental services. Collectively,
they operate within the real estate sector across residential and
nonresidential properties in the state.
Allstar Properties sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-41314) on August 31,
2025. In its petition, the Debtor reported estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Barbara Ellis-Monro handles the case.
The Debtor is represented by Anna Humnicky, Esq., at Small Herrin,
LLP.
ALTICE USA: Switches Advisers in Push to Restart Debt Talks
-----------------------------------------------------------
Reshmi Basu and Irene García Perez of Bloomberg News report that
Altice USA Inc. has brought on new advisers as it seeks to restart
negotiations with creditors over its $26 billion debt load,
according to people familiar with the matter.
The company, part of French billionaire Patrick Drahi's telecom
empire, is now being advised by Kirkland & Ellis and Evercore Inc.,
the people said, requesting anonymity because the discussions are
private.
About Altice USA Inc.
Altice USA, Inc. is an American cable television provider.
As of December 31, 2024, Altice USA had $31.7 billion in total
assets, $32.16 billion in total liabilities, and a total deficiency
of $456.8 million.
* * *
As reported by the TCR on May 17, 2024, S&P Global Ratings lowered
all its ratings on Altice USA Inc. one notch, including the Company
credit rating to 'CCC+', and removed them from Credit Watch, where
it placed them with negative implications on May 2, 2024. The
negative outlook reflects that S&P could lower its ratings if the
company opts to pursue a debt restructuring over the next year.
S&P said, "We believe Altice USA's capital structure is
unsustainable. We believe the company is vulnerable to nonpayment
long term and depends on favorable business, financial, and
economic conditions to meet its financial obligations as they come
due in 2027 and beyond. We believe it is more likely than not that
Altice USA will enter into a distressed debt restructuring that we
consider tantamount to default, or it could face bankruptcy long
term."
AMALGAMATE PROCESSING: Files Emergency Bid to Use Cash Collateral
-----------------------------------------------------------------
Amalgamate Processing, Inc. asks the U.S. Bankruptcy Court for the
Northern District of Texas, Fort Worth Division, for authority to
use cash collateral and provide adequate protection.
The Debtor operates in the polyurethane foam and fiberfill
industry, producing and supplying materials for furniture, pillows,
pet bedding, and related goods. Its income is generated through
these operations, and that income is used to pay employees,
vendors, insurance, fees, and other operating expenses.
The Debtor believes that several lenders, including De Lage Landen
Financial, PNC Equipment Finance, Southside Bank and the U.S. Small
Business Administration, may have secured interests in either
equipment or business income. These could be considered "cash
collateral" under 11 U.S.C. Section 363.
Since the Debtor has no alternative funding, the Debtor seeks
authorization to use its income (potentially considered cash
collateral) to maintain operations. It argues that without
immediate relief, it will have to shut down and suffer irreparable
harm, including the inability to pay employees, facility costs,
shipping, and other necessary expenses.
As adequate protection for secured creditors, the Debtor proposes
continuing the same liens those creditors had pre-petition;
extending those liens to post-petition proceeds; maintaining those
liens as perfected without further action; subjecting them to
carveouts for bankruptcy fees and professionals' fees; and using
the income solely for normal, necessary business operations.
A 14-day emergency budget has been submitted, and the Debtor
requests interim authorization for that period while seeking a
final order after notice and hearing.
A copy of the motion is available at https://urlcurt.com/u?l=aD1Cyw
from PacerMonitor.com.
About Amalgamate Processing Inc.
Amalgamate Processing Inc., doing business as Advanced Foam
Recycling, processes and supplies polyurethane foam, making it a
major scrap foam provider to the carpet cushion industry in the
U.S. The company also engages in contract filling of fiberfill,
natural down, and custom foam blends for applications in furniture,
pillows, pet bedding, and other home goods while offering
fulfillment and cut-and-sew services for home textile brands. It
operates distribution and warehouse facilities in Fort Worth and
Mineral Wells, Texas, and provides custom foam and fiber products
for the furniture, bedding, and pet supply markets.
Amalgamate Processing sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-43320) on September
1, 2025. In its petition, the Debtor reported estimated assets
between $1 million and $10 million and estimated liabilities
between $10 million and $50 million.
The Debtor is represented by M. Jermaine Watson, Esq., at Cantey
Hanger, LLP.
APOGEE BREWING: Employs eXp Realty as Commercial Real Estate Broker
-------------------------------------------------------------------
Apogee Brewing, Limited Liability Company d/b/a True Anomaly seeks
approval from the U.S. Bankruptcy Court for the Southern District
of Texas to employ eXp Realty, LLC, with Shahin Naghavi as broker,
to serve as commercial real estate broker in its Chapter 11 case.
eXp Realty, LLC will provide these services:
(a) assist, advise and represent the Debtor relative to sale
and/or lease of the property located at 4001 Navigation Boulevard,
Houston, Harris County, Texas;
(b) attend showing and negotiate with the representatives of the
potential buyers/lessors;
(c) advertise the sale/lease of the Property; and
(d) take all necessary action to protect and preserve the
interests of the Debtor.
eXp Realty, LLC has agreed to accept a contingent fee of 6% of the
sale/purchase and/or lease price. If the transaction does not
close, the Debtor and/or bankruptcy estate will not be responsible
for any fees or expenses.
According to the Debtor, eXp Realty, LLC is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
eXp Realty, LLC
2219 Rimland Drive, Suite 301
Bellingham, WA 9822
Telephone: (833) 303-0610
E-mail: info@exprealty.net
About Apogee Brewing, LLC
Apogee Brewing, LLC operates a craft brewery and taproom in
Houston, Texas.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34497) on August 4,
2025. In the petition signed by Michael Duckworth, manager, the
Debtor disclosed up to $10 million in both assets and liabilities.
Judge Eduardo V. Rodriguez oversees the case.
Stacey Barnes, Esq., at Kearney, McWilliams & Davis, PLLC,
represents the Debtor as legal counsel.
ARCHDIOCESE OF NEW ORLEANS: Announces Multimillion Abuse Settlement
-------------------------------------------------------------------
Gina Christian of the Archdiocese of New Orleans has unveiled a
proposed multimillion-dollar settlement aimed at resolving its
yearslong Chapter 11 case and compensating survivors of clergy
sexual abuse.
Filed September 8, 2025 the proposal covers claims tied to the
archdiocese and 157 affiliated Catholic organizations, including
parishes, schools, and charitable groups. Survivors who have not
yet submitted claims must do so by December 2, 2025 to remain
eligible for payment.
Attorneys for the survivors' committee estimate the settlement
could reach $220 million, with additional recoveries possible
through litigation and property sales. The package includes $130
million in cash from the archdiocese and affiliates, $30 million
from insurers, and a $20 million promissory note to be repaid once
senior housing owned by Christopher Homes is sold. Further sales of
housing units in 2026 may generate another $40 million.
In addition to financial relief, the deal includes a set of reforms
that attorneys describe as "unprecedented," such as a "Survivors
Bill of Rights," required law-enforcement reporting, improved
investigative standards, survivor representation on diocesan review
boards, and a public archive of abuse-related documents. These
measures aim to bolster accountability, although some align with
protections already outlined in the U.S. bishops' charter.
The archdiocese filed for Chapter 11 in 2020 after hundreds of
abuse claims surfaced. The case has been marked by legal fees
exceeding $41 million, disputes over reorganization plans, and
mounting pressure from survivors for a resolution. Alongside
bankruptcy negotiations, state and federal authorities continue to
investigate whether church officials concealed decades of abuse and
trafficking by clergy.
About Roman Catholic Church of
The Archdiocese Of New Orleans
The Roman Catholic Church of the Archdiocese of New Orleans --
https://www.nolacatholic.org/ -- is a non-profit religious
corporation incorporated under the laws of the State of Louisiana.
Created as a diocese in 1793, and established as an archdiocese in
1850, the Archdiocese of New Orleans has educated hundreds of
thousands in its schools, provided religious services to its
churches and provided charitable assistance to individuals in
need,including those affected by hurricanes, floods, natural
disasters, war, civil unrest, plagues, epidemics, and illness.
Currently, the archdiocese's geographic footprint occupies over
4,200 square miles in southeast Louisiana and includes eight civil
parishes: Jefferson, Orleans, Plaquemines, St. Bernard, St.
Charles, St. John the Baptist, St. Tammany, and Washington.
The Roman Catholic Church for the Archdiocese of New Orleans sought
Chapter 11 protection (Bankr. E.D. La. Case No. 20-10846) on May 1,
2020. The archdiocese was estimated to have $100 million to $500
million in assets and liabilities as of the bankruptcy filing.
Judge Meredith S. Grabill oversees the case.
Jones Walker, LLP and Blank Rome, LLP, serve as the archdiocese's
bankruptcy counsel and special counsel, respectively. Donlin,
Recano & Company, Inc., is the claims agent.
The U.S. Trustee for Region 5 appointed an official committee of
unsecured creditors on May 20, 2020. The committee is represented
by the law firms of Pachulski Stang Ziehl & Jones, LLP and Locke
Lord, LLP. Berkeley Research Group, LLC is the committee's
financial advisor.
ARDENT HEALTH: S&P Rates Proposed Repriced Term Loan 'BB-'
----------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issue-level rating and '2'
recovery rating (70%-90%: rounded estimate 70%) to Ardent Health
Inc.'s proposed first-lien term loan. This loan is intended to
reprice the existing term loan issued by the company's subsidiary
AHP Partners Inc. S&P' issue-level rating of 'B-' and recovery
rating of '6' on the senior unsecured notes are unaffected (rounded
estimate declines from 5% to 0%). The new term loan matches the
size of the existing facility, making the repricing transaction
leverage neutral. However, it extends the maturity by seven years,
with the loan due in 2032, and reduces the company's cost of debt
by 25 basis points to SOFR + 250 (from SOFR + 275), resulting in
annual interest cost savings of approximately $2 million.
Ardent's performance aligns with our expectations, as S&P Global
Ratings-adjusted leverage decreased to 3.3x for the last 12 months
ended June 30, 2025, compared to 4.3x for the same period the prior
year.
S&P said, "We do not anticipate any rating change as the result of
the recent U.S. tax and spending bill, which aims to cut federal
Medicaid spending by $911 billion over the next decade. Our
forecast for the next two years remains unchanged because most bill
components phase in gradually, with an estimated 75% of Medicaid
reductions projected to be realized between 2030 and 2034. The bill
may be revised before then, and Ardent has ample time to implement
strategies to mitigate the effect of the cuts. Additionally, Ardent
is somewhat insulated from the reductions because over half of the
cuts apply only to states with Affordable Care Act (ACA) expansion;
Texas, a non-expansion state, accounts for 36% of revenues, and
only 10% of total revenues come from Medicaid.
"The stable outlook reflects our expectation that Ardent's S&P
Global Ratings-adjusted leverage will remain below 5x, at
3.4x-4.0x, with the potential for a temporary increase for
attractive mergers and acquisitions (M&A). This also reflects the
company's strong financial performance, solid patient admission
trends, chronic reimbursement risk, and effective cost management
strategies, which results in our expectation for S&P Global
Ratings-adjusted EBITDA margin of about 10%-11%."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors:
-- Ardent's capital structure comprises a $325 million asset-based
loan (ABL; not rated), a $778 million senior secured term loan due
2035 ($778 million outstanding), and $300 million of senior
unsecured notes due 2029.
-- S&P treats the $34 million collateral carve-out in favor of
Ventas as well as the ABL obligations as a priority claim.
-- S&P's simulated default scenario contemplates a hypothetical
default occurring in 2029 stemming from reimbursement pressures and
escalating rent obligations that render the company unable to meet
its other expenses.
-- S&P believes Ardent would reorganize in the event of a default
and that it would continue to lease its facilities on comparable
terms from Ventas.
-- S&P assumes a 60% draw on the company's ABL at the time of
default.
-- S&P's '2' recovery rating on the company's senior secured term
loan indicates its expectation for substantial (70%-90%; rounded
estimate: 70%) recovery in the event of a payment default.
-- S&P's '6' recovery rating on the company's unsecured notes
indicates its expectations for negligible (0%-10%; rounded point
estimate: 0%) recovery in the event of a payment default.
Simulated default assumptions:
-- Simulated year of default: 2029
-- Implied enterprise value multiple: 5.5x
-- EBITDA at emergence: $157 million
Simplified waterfall:
-- Net enterprise value (after 5% administrative costs): $822
million
-- Valuation split (obligors/nonobligors): 90%/10%
-- Collateral value available to secured creditors: $559 million
(after $234 million to priority claims)
-- Unpledged value available to secured creditors: $10 million
-- Total value available to secured creditors: $569 million
-- Secured first-lien debt: $766 million
--Recovery expectations: 70%-90% (rounded estimate: 70%)
-- Total value available to senior unsecured claims: $29 million
(from unpledged value)
-- Unsecured debt claims: $591 million
--Recovery expectations: 0%-10% (rounded estimate: 0%)
ARTICON HOTEL: Seeks Cash Collateral Access
-------------------------------------------
Articon Hotel Services, LLC asks the U.S. Bankruptcy Court for the
Northern District of Illinois, Eastern Division, for authority to
use cash collateral and provide adequate protection.
The Debtor's cash collateral consists of $46,542 in cash and
$2,044,390 in accounts receivable. The Debtor seeks to use this
cash collateral to continue essential business operations and has
filed with the court a 30-day budget detailing the proposed use of
funds.
The only secured creditor asserting an interest in the cash
collateral is the U.S. Small Business Administration, which holds a
claim of $514,721.
To adequately protect the SBA's interests, the Debtor proposes
granting a replacement lien equal to the SBA's pre-petition lien,
maintaining insurance on the collateral, allowing inspections of
books and records, and ensuring the collateral is properly
maintained. The Debtor further seeks authority to exceed the budget
by no more than 10% unless otherwise agreed or ordered by the
court.
The Debtor filed for Subchapter V Chapter 11 relief due to ongoing
litigation with Baldwin Enterprises. It currently operates as a
debtor-in-possession from leased premises in Mount Prospect,
Illinois, and employs three individuals.
A hearing on the matter is set for September 15.
About Articon Hotel Services LLC
Articon Hotel Services, LLC manufactures and supplies furniture,
fixtures and equipment as well as construction materials for the
hospitality industry in the United States. The Company provides
case goods, soft seating, millwork, lobby furniture, artwork,
mirrors and lighting, alongside shower surrounds, flooring, and
wall coverings, serving hotel projects through design, fabrication,
installation and compliance support. Articon works with major hotel
brands including Holiday Inn, Hilton, Embassy Suites, Courtyard and
Fairfield Inn & Suites.
Articon Hotel Services sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-13601) on September
2, 2025. In its petition, the Debtor reported estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Scott R. Clar, Esq., at Crane, Simon,
Clar & Goodman.
ATLAGAS LTD: Fitch Assigns 'BB+' Rating on Jr. Subordinated Notes
-----------------------------------------------------------------
Fitch Ratings has assigned a 'BB+' rating to AltaGas Ltd.'s
(AltaGas) issuance of fixed-to-fixed rate junior subordinated
notes.
The subordinated notes will rank equal in right of payment to
AltaGas' existing subordinated obligations and any other pari passu
subordinated indebtedness that may be incurred in the future. The
notes are eligible for 50% equity credit under Fitch's Corporate
Hybrids Treatment and Notching Criteria. Key features supporting
equity credit include subordination of priority in rank of payment
and the issuer's option to defer interest payments on a cumulative
basis for up to five-years in each instance.
AltaGas plans to use net proceeds from issuance of the subordinated
notes to redeem or repurchase outstanding cumulative redeemable
five-year rate reset preferred shares, series A and cumulative
redeemable floating rate preferred shares, series B. AltaGas'
Long-Term Issuer Default Rating (IDR) is 'BBB'. The Rating Outlook
is Negative.
Key Rating Drivers
High, Albeit Improving Leverage: AltaGas' funds from operations
(FFO) leverage averaged 6.8x in 2022-2024 and improved from 7.1x in
2023 to 5.9x in 2024. Pressure on FFO leverage has been driven by
large midstream development projects, including Pipestone 2 and the
Ridley Island Energy Export Facility (REEF), and utility investment
targeting pipe replacement, system modernization and customer
growth. In 2024, AltaGas issued CAD1.2 billion of hybrid securities
in 2024, which qualify for 50% equity credit under Fitch criteria.
The company used proceeds from the hybrid issuance to redeem about
CAD800 million of senior notes. Monetization of AltaGas' 10%
ownership interest in Mountain Valley Pipeline (MVP) could further
reduce leverage. An inability by AltaGas to reduce FFO leverage
below Fitch's 5.5x downgrade sensitivity in 2025, either through
sale of MVP or other initiatives, would result in a one-notch
downgrade.
Midstream Business Risk Volatility: Fitch believes the relatively
high proportion of midstream to consolidated AltaGas cash flows is
a risk due to the segment's greater volatility compared with the
utility segment. Fitch expects the more stable utility operation to
contribute about 55%-60% of cash flow in the long term. The
remainder will mostly come from AltaGas' midstream operation and a
much smaller power generation operation (about 500MW) with total
non-utility averaging between 43% and 46% over the next three
years. Non-utility operations sustained at over 45% of consolidated
cash flows on a sustained basis may lead to a downgrade.
Midstream Segment Volatility: Failure by AltaGas to lock in pricing
differentials between Asia and North America led to a squeeze in
butane pricing in 3Q22. The resulting adverse price volatility
materially pressured AltaGas' midstream margin and operating
results in the second half of 2022. The episode underscores
potential midstream business volatility, a credit negative.
Hedging Policy Initiatives: Following the butane market squeeze of
3Q22, management modified its hedging strategy, adopting a
systematic approach to mitigate exposure to commodity spot price
volatility and prohibiting speculation. To achieve greater cash
flow and earnings visibility and de-risk its operations, AltaGas
continues work to increase the proportion of take-or-pay and fee
for service contracts. Take-or-pay and fee for service contracts
account for more than 60% of projected 2025 midstream EBITDA and,
as of 2Q25, 98% of global exports were under contract or
financially hedged. Roughly 85% of midstream EBITDA is under
contract with investment grade counterparties.
Capex Overview: AltaGas projects capex of about CAD1.4 billion in
2025, 51% of which targets utility investment and 45% midstream.
The remainder is earmarked for corporate. Utility capex in 2025 is
comprised primarily of pipe replacement, system betterment and
growth investment. Midstream capex includes the REEF and Pipestone
II development projects. The REEF development project is budgeted
at CAD1.4 billion, is about 60% complete and scheduled for
commercial operation by YE26. Construction of Pipestone II is about
75% complete and 100% of plant output is under long-term
take-or-pay contracts.
Regulatory Update: Fitch believes jurisdictional rate regulation
for AltaGas's utility operation is generally credit supportive.
While regulation in the District of Columbia (D.C.) can be
challenging, base rate outcomes have been manageable. Fitch
believes regulation in Virginia and Michigan are generally credit
supportive. WGL recently filed a rate case in Virginia, and its
base rate case in D.C. is pending. About 70% of rate base is
protected from weather/usage variability at WGL and pipe
replacement programs are in place across its four-state utility
platform.
Maryland Update: Changes in the governor's office and its impact on
the Public Service Commission of Maryland (PSC) has injected a
measure of uncertainty in the direction of the state's regulatory
compact and energy policy. Fitch believes the outcome in WGL's 2023
Maryland base rate case was challenging from a credit perspective,
authorizing a USD13 million rate increase, roughly 26% of WGL's
USD49 million request. In addition, policy initiatives to narrow
fuel choice for customers is a secular risk. Fitch believes these
challenges are manageable within WGL's current ratings. However,
significant unexpected deterioration in rate regulation could
result in adverse credit rating actions.
Peer Analysis
With EBITDA of approximately CAD1.5 billion at YE 2024, AltaGas is
smaller than Emera Inc. (BBB/Stable) but larger than Algonquin
Power & Utilities Corp. (APUC; BBB/Stable). Emera's EBITDA exceeded
$2 billion in 2024, and APUC's was $925 million. Fitch estimates
AltaGas' FFO leverage will average 5.8x during 2024-2026, similar
to APUC's 5.8x and Emera at just under 6.0x.
Canadian utility holding company APUC benefits from regulatory
diversification but owns utilities that operate in somewhat less
constructive regulatory environments, in Fitch's view. Fitch
expects utility operations to account for approximately 85% of
consolidated APUC EBITDA.
Emera de-emphasized unregulated investments to focus on utility
operations in the U.S., Canada and the Caribbean in recent years.
Fitch believes regulation in Emera's two largest jurisdictions,
Florida and Nova Scotia, are balanced. Emera derives roughly 95% of
its earnings from regulated operations. AltaGas' utility operations
comprise about 55%-60% consolidated EBITDA with the remainder
coming from partially contracted midstream operations that can be
volatile.
Like Emera and APUC, AltaGas's operations include significant
low-risk utility operations. AltaGas, through WGL, provides gas
utility services to affluent populations in parts of Virginia,
Maryland and DC, with prospective customer growth estimated at 1%
per year. AltaGas also provides gas distribution service to parts
of Michigan. Collectively, AltaGas's U.S. utilities experienced
customer growth of 1%, and approximately 70% of their customers are
residential. Emera and APUC, unlike AltaGas, have meaningful
electric utility operations.
Key Assumptions
- Continuation of reasonable economic regulation across AltaGas'
jurisdictional service territory;
- One percent annual customer growth at AltaGas' U.S. gas utility
segment on average;
- Regularly scheduled rate case filings as per management's
schedule;
- Monetization of MVP with the entire proceeds used to reduce
debt;
- Midstream export volumes increasing 5%-10% over the next three
years, while increasing the proportion of export volumes from the
facility to take-or-pay contracts from merchant;
- Capex averages CAD1.3 billion per annum during 2024-2026;
- Any additional midstream capex executed in a credit-friendly
manner.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- FFO leverage above 5.5x in 2025 and thereafter;
- Significant deterioration across AltaGas' jurisdictional service
territory;
- Additional debt-financed midstream capex resulting in higher
leverage;
- Failure to raise adequate and timely financing from asset sales
or other sources to maintain leverage within Fitch's downgrade
thresholds;
- Regulated businesses contributing less than 55% of cashflows on a
sustained basis.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- An upgrade is unlikely due to AltaGas' FFO leverage and business
mix profile. However, an upgrade may result from more
credit-supportive regulatory trends at AltaGas' U.S. utility
business compared with Fitch's rating case;
- Stronger-than-expected performance at AltaGas' midstream
business;
- Sustained FFO leverage of 4.5x or better on a consistent basis.
Liquidity and Debt Structure
Fitch views AltaGas' liquidity as adequate. As of June 30, 2025,
AltaGas had about CAD1 billion drawn on its CAD3.6 billion of
consolidated credit facilities and remaining borrowing capacity of
roughly CAD2.6 billion. AltaGas' CAD2.3 billion unsecured
extendible RCF is scheduled to mature in May 2029. The company had
cash and cash equivalents of CAD320 million on its balance sheet as
of June 30, 2025.
At the end of 2Q25, WGL Holdings (WGL) had about USD741 million
available to be borrowed under its USD750 million credit facility.
Under the terms of the credit facility USD300 million may be
borrowed by WGL and USD450 million by WGL subsidiary Washington Gas
Light Company. The credit facility expires July 17, 2030. Fitch
expects WGL to be cash flow negative in 2025-2027 due to the
utility's large capex program, with external funding provided
through a balanced mix of equity and debt.
Issuer Profile
AltaGas Ltd. is a Canada-based energy infrastructure company with
operations in the U.S. and Canada with about CAD25 billion of total
assets. The company's two primary business segments are utilities
and midstream.
Summary of Financial Adjustments
Fitch applies 50% equity credit to about CAD2.3 billion of AltaGas'
junior subordinated notes and preferred shares.
Date of Relevant Committee
01-Jul-2024
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating
----------- ------
AltaGas Ltd.
Subordinated LT BB+ New Rating
B & H MANAGEMENT: Taps Whiteford Taylor & Preston as Co-Counsel
---------------------------------------------------------------
B & H Management, LLC, d/b/a Arkansas River Rice, seeks approval
from the U.S. Bankruptcy Court for the Eastern District of
Virginia, Richmond Division, to retain Whiteford, Taylor & Preston
LLP as Virginia bankruptcy co-counsel in its Chapter 11 case.
Whiteford will provide these services:
(a) provide legal advice and services regarding local rules,
practices, and procedures, and substantive and strategic advice on
prosecuting the Bankruptcy Case;
(b) review, revise, and prepare drafts of documents to be filed
with the Court;
(c) appear in Court and at meetings with the U.S. Trustee and
creditors on behalf of the Debtor;
(d) perform administrative services in connection with the
Bankruptcy Case;
(e) interact and communicate with the Court's chambers and
Clerk's Office;
(f) assist the Debtor and lead counsel in preparing, reviewing,
revising, filing, and prosecuting pleadings related to contested
matters, executory contracts, unexpired leases, asset sales, plan
and disclosure statement issues, and claims administration; and
(g) perform other services as assigned by the Debtor, in
consultation with lead counsel.
Whiteford Will receive hourly rates ranging from $320 to $1,250,
with specific rates of
$835 for partner Christopher A. Jones;
$630 for partner David W. Gaffey;
$560 for counsel Joshua D. Stiff; and
$485 for paralegal Chris Lano.
Prior to the Petition Date, Whiteford received a $10,000 retainer,
plus $1,738 for the Chapter 11 filing fee, applying $7,358.50 to
prepetition fees and leaving a postpetition balance of $2,641.50.
Whiteford is a "disinterested person" within the meaning of Section
101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached at:
Christopher A. Jones, Esq.
David W. Gaffey, Esq.
Joshua D. Stiff, Esq.
WHITEFORD, TAYLOR & PRESTON LLP
Two James Center
1021 E. Cary Street, Suite 2001
Richmond, VA 23219
Telephone: (804) 977-3300
E-mail: cajones@whitefordlaw.com
dgaffey@whitefordlaw.com
jstiff@whitefordlaw.com
About B & H Management
B & H Management, LLC filed Chapter 11 petition (Bankr. E.D. Va.
Case No. 25-33108) on July 29, 2025, listing between $50 million
and $100 million in assets and between $1 million and $10 million
in liabilities.
Judge Brian F. Kenney oversees the case.
The Debtor is represented by:
Christopher A. Jones, Esq.
Whiteford, Taylor & Preston LLP
Two James Center
1021 E. Cary Street, Suite 2001
Richmond, VA 23219
Telephone: (703) 280-9263
(804) 977-3300
Facsimile: (804) 977-3299
E-mail: CAJONES@whitefordlaw.com
B.L.H.G. GROUP: Seeks to Hire JMFS as Accounting Professional
-------------------------------------------------------------
The B.L.H.G. Group, LLC seeks approval from the U.S. Bankruptcy
Court for the District of Arizona to employ JMFS, Inc., through Joe
Mcinerney, EA, CFP, MPAS, to assist the Debtor in the preparation
of its 2024 Federal and State Tax Returns in its Chapter 11 case.
JMFS, Inc. will provide these services:
(a) prepare the Debtor's 2024 Federal Tax Return;
(b) prepare the Debtor's 2024 State Tax Return; and
(c) provide tax preparation services necessary for compliance.
The firm's services will be performed for a fixed fee of $1,200,
subject to Court approval, payable at the time of service. No
retainer is being held or required.
JMFS, Inc. is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Joe Mcinerney, EA, CFP, MPAS
JMFS, Inc.
6930 East Chauncey Lane, Suite 220
Phoenix, AZ 85054
Telephone: (602) 494-4100
About The B.L.H.G. Group
The B.L.H.G. Group, LLC, doing business as Smile Now Dental
Implant, is a dental practice based in Phoenix, Ariz., specializing
in dental implants. The center offers a variety of implant
services, including full-mouth dental implants, single implants,
zygomatic implants, and bone grafting. The company emphasizes
convenience by providing comprehensive treatment in a single
location, utilizing advanced technology such as CBCT imaging and
digital smile design software. The practice also offers financing
options, flexible scheduling, and same-day solutions for implants.
B.L.H.G. filed Chapter 11 petition (Bankr. D. Ariz. Case No.
25-02029) on March 11, 2025, listing $180,813 in assets and
$2,155,970in liabilities. Blake Austin, manager and member,
signed the petition.
Judge Scott H. Gan oversees the case.
Allan D. NewDelman, Esq., at Allan D. NewDelman, P.C., is the
Debtor's legal counsel.
BALANCE LIFE: Court Dismisses Chapter 11 Bankruptcy Case
--------------------------------------------------------
Judge Thomas J. Tucker of the United States Bankruptcy Court for
the Eastern District of Michigan dismissed the bankruptcy case of
Balance Life Better Enhancement Corporation.
On Aug. 28, 2025, the Court entered an Order requiring the Debtor,
by no later than Sept. 2, 2025, to file the List of Equity Security
Holders for this case, required by Fed. R. Bankr. P. 1007(a)(3),
the Bankruptcy Petition Cover Sheet, required by L.B.R. 1002-1(b)
(E.D. Mich.), and to attach to the Bankruptcy Petition Cover Sheet
a verified statement that includes several specified items of
information. The Debtor has failed to comply with the Aug. 28
Order, in any respect. The Debtor has not filed any of the items
required.
Because of the Debtor's failure to comply with the Aug. 28 Order,
the Court finds, under 11 U.S.C. Sec. 105(a), that dismissal of
this case and a 180-day bar to refiling are necessary in order to
prevent an abuse of the bankruptcy system.
A copy of the Court's Order is available at
https://urlcurt.com/u?l=LZZxhj from PacerMonitor.com.
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., at
Sinclair Law.
BELLA INVESTMENT: Seeks Chapter 11 Bankruptcy in Pennsylvania
-------------------------------------------------------------
On September 8, 2025, Bella Investment Properties LLC filed
Chapter 11 protection in the Eastern District of Pennsylvania.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About Bella Investment Properties LLC
Bella Investment Properties LLC is classified as a single-asset
real estate debtor under 11 U.S.C. Section 101(51B).
Bella Investment Properties LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-13573) on
September 8, 2025. In its petition, the Debtor reports estimated
assets between $100,000 and $500,000 and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Derek J. Baker handles the case.
The Debtor is represented by David B. Smith, Esq. at SMITH KANE
HOLMAN, LLC.
BENNY AND MARY'S: Employs AGK Business as Bookkeeper
----------------------------------------------------
Benny and Mary's Irvine, LLC seeks approval from the U.S.
Bankruptcy Court for the Central District of California to employ
AGK Business Services LLC, with Manoj Gupta as lead professional,
to serve as bookkeeper in its Chapter 11 case.
AGK will provide these services:
(a) bookkeeping and accounting of the restaurant business;
(b) monthly operating report preparation and reporting as
required for the plan of reorganization;
(c) additional ancillary services in relation to the accounting
and reporting requirements;
(d) additional reporting requirements for the Debtor as required
by management;
(e) monthly and quarterly tax filing;
(f) responding to notices in the ordinary course of business;
and
(g) annual income tax filing.
AGK will receive a flat monthly fee of $1,250, invoiced monthly.
The firm will not be required to file an interim or final fee
application unless its fees exceed $1,250 per month, and no
retainer will be paid.
AGK Business Services is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Manoj Gupta
AGK BUSINESS SERVICES LLC
36 W 44th Street, Suite 1018
New York, NY 10036
Telephone: (347) 707-0188
About Benny and Marys Irvine
Benny and Marys Irvine LLC, doing business as Benny and Marys
Better Together, operates a full-service restaurant in Irvine,
California. The establishment offers brunch, dinner, and craft
cocktails, with a menu inspired by global cuisine and California
flavors. Its interior features a whimsical, maximalist design
aimed
at creating a distinctive dining experience.
Benny and Marys Irvine sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-14830) on June 6,
2025. In its petition, the Debtor reports total assets of
$1,867,887 and total liabilities of $2,612,582.
The Debtors are represented by Christopher A. Minier, Esq., at
Golden Goodrich, LLP.
Richard Sturdevant, Esq., at Financial Relief Law Center, APC,
represents the Debtor as bankruptcy counsel.
BERTUCCI'S RESTAURANTS: Closes Greater Boston Location in Ch. 11
----------------------------------------------------------------
David Cifarelli of Mass Live reports that Bertucci's, the
casual-dining chain that originated in New England, has closed its
Reading, Massachusetts location at 45 Walkers Brook Drive.
The closure, reported Sept. 3 by Reading Recap, comes after the
company filed for Chapter 11 bankruptcy earlier this 2025, marking
its third bankruptcy in seven years, according to the report.
The restaurant chain stated that the bankruptcy filing, made in
April 2025, is part of a plan to reorganize and secure a
sustainable future. The company attributed the closures to reduced
consumer demand for legacy casual-dining brands, compounded by a
difficult economic climate for the industry.
Bankruptcy documents reveal that Bertucci's carries between $10
million and $50 million in both assets and liabilities. Sales have
dropped 62% from 2019 to 2024, reflecting a challenging environment
for traditional sit-down dining. CEO Robert Earl cited high debt
and shifting customer habits as central to the company's
struggles.
Bertucci's opened its first restaurant in 1981 in Davis Square,
Somerville, and eventually expanded from Florida to Illinois. After
multiple bankruptcy filings and closures, the chain now operates
nine locations in Massachusetts, including the new fast-casual
Bertucci's Pronto in downtown Boston, which management hopes will
help drive a recovery.
About Bertucci's Restaurants
Bertucci's Restaurants, LLC operates a chain of Italian-inspired
restaurants primarily across the U.S. East Coast, including New
England and Virginia. Founded in 1981 in Somerville, Massachusetts,
the company is known for its wood-fired brick oven dishes. It
recently launched Bertucci's Pronto, a fast-casual spinoff concept
aimed at catering to evolving consumer dining preferences.
Bertucci's Restaurants filed Chapter 11 petition (Bankr. M.D. Fla.
Case No. 25-02401) on April 24, 2025. In the petition signed by
Thomas Avallone, manager, the Debtor disclosed up to $50 million in
both assets and liabilities.
Judge Grace E. Robson oversees the case.
R. Scott Shuker, Esq., at Shuker & Dorris, PA, serves as the
Debtor's counsel.
BLUE DUCK: Unsecured Creditors to be Paid in Full over 60 Months
----------------------------------------------------------------
Blue Duck Energy MVR, LLC filed with the U.S. Bankruptcy Court for
the Northern District of Texas a Plan of Reorganization for Small
Business dated September 2, 2025.
The Debtor owns working interests in oil and gas wells in West
Texas. Through a contract operator, the Debtor operates certain of
those wells, and third-party operators operate the others.
The Debtor also owns an interest in a natural gas gathering system,
which a third party also operates. Either the Debtor will sell its
assets, or if not then these operations generate net revenue
sufficient to carry out the terms of this Plan.
On December 28, 2021, the Debtor was established pursuant to that
certain Company Agreement (the "MVR Company Agreement"). The MVR
Company Agreement was signed by its initial member, Blue Duck
Energy, Ltd. ("Blue Duck"). The Debtor is the operating subsidiary
of Blue Duck. The majority of Blue Duck's assets are held at the
Debtor's level. The Debtor continues to conduct, through its
contract operator and other service providers, maintenance, repair,
management, and operations of certain oil and gas wells in West
Texas, mostly in Roberts County, Texas.
The Plan proposes to reorganize the Debtor. The Debtor proposes
either to sell substantially all of its assets or to restructure
the claim of its sole secured creditor and to repay its obligations
to such creditor over a period of five years at the prepetition
contract rate of interest. The Debtor proposes to repay its
unsecured creditors in full over a period of six months or upon the
sale of its assets, whichever occurs first.
Class 2 consists of Unsecured Trade Claims. Allowed unsecured trade
claims will be paid in full, with interest at the prime rate in
effect on the Effective Date, in six equal monthly installment
payments starting on the first day of the first full month
following the Effective Date. In the event of a sale of
substantially all the Debtor's assets, allowed unsecured claims
will be paid in full from any sale proceeds remaining after the
satisfaction of claims in senior classes. This Class is impaired.
Class 3 consists of General Unsecured Claims. Allowed general
unsecured claims will be paid in full, with interest at the prime
rate in effect on the Effective Date, in sixty equal monthly
installment payments starting on the first day of the first full
month following the Effective Date. This Class is impaired.
Blue Duck shall retain its Equity Interests in the Debtor;
provided, however, that only Jason Rae in his capacity as chapter
11 trustee of Blue Duck shall have authority to exercise control
over such Equity Interests unless and until the Bankruptcy Court
orders otherwise.
Payments required to be made under this Plan will be funded by cash
on hand and revenue generated by the Debtor's continued business
operations. The Debtor also reserves the right to sell all or any
portion of its assets following confirmation of this Plan. The
Debtor may, but shall not be required to, seek Court approval of
any such sale under Section 363 of the Bankruptcy Code.
A full-text copy of the Plan of Reorganization dated September 2,
2025 is available at https://urlcurt.com/u?l=JKahRg from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Thomas D. Berghman, Esq.
Julian P. Vasek, Esq.
James K. “Kyle” Jaksa, Esq.
Munsch Hardt Kopf & Harr, P.C.
500 N. Akard St., Ste. 4000
Dallas, TX 75201
Telephone: (214) 855-7500
Email: tberghman@munsch.com
E-mail: jvasek@munsch.com
E-mail: kjaksa@munsch.com
About Blue Duck Energy MVR
Blue Duck Energy MVR, LLC operates in the oil and gas extraction
industry in Texas.
Blue Duck Energy MVR sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-20131) on
June 2, 2025. In its petition, the Debtor reported between $1
million and $10 million in assets and liabilities.
The Debtor tapped Thomas D. Berghman, Esq., at Munsch Hardt Kopf &
Harr, PC as counsel and Lain, Faulkner & Co. PC as financial
advisors.
BREWER MACHINE: Employs Ebelhar Whitehead PLLC as Accountant
------------------------------------------------------------
Brewer Machine & Parts, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Kentucky, Owensboro Division, to
hire Ebelhar Whitehead, PLLC to serve as accountant in its Chapter
11 case.
Ebelhar Whitehead, PLLC will provide these services:
(a) prepare tax returns for applicable governmental units;
(b) consult with the Debtor regarding bookkeeping and perform
adjusting entries to bookkeeping; and
(c) perform any and all other accounting services for the
Debtor in connection with this Chapter 11 case.
Ebelhar Whitehead, PLLC will receive compensation according to its
standard hourly rate, currently $175 per hour.
The firm is a "disinterested person" within the meaning of Section
101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached at:
Ebelhar Whitehead PLLC
3317 Frederica Street, Suite 10
Owensboro, KY 42301
Telephone: (270) 926-2922
E-mail: contact@ew-cpa.com
About Brewer Machine & Parts
Brewer Machine & Parts LLC manufactures woodworking and material
handling equipment used in industries such as sawmills, pallet
production, and cooperage. Based in Central City, Kentucky, the
Company serves domestic and international markets including the
U.S., Australia, Uruguay, and Saudi Arabia. Established in 1967,
it
offers both new and refurbished machinery.
Brewer Machine & Parts LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Ky.Case No. 25-40336) on May 15,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Honorable Judge Charles R Merrill oversees the case.
The Debtors are represented by Robert C. Chaudoin, Esq. at HARLIN
PARKER.
CANDLE 28: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------
Debtor: Candle 28, LLC
d/b/a Candle
388 Third Avenue, Ground Floor
New York, NY 10016
Business Description: Candle 28, LLC, doing business as Candle,
operates a plant-based restaurant in New
York City led by Owner and Chef Jorge
Pineda. The establishment continues the
legacy of the Candle group of restaurants,
known for nearly three decades as a
destination for gourmet vegan cuisine and
organic, locally sourced meals. Its menu
highlights vegetables, grains, beans, tofu,
and seitan, emphasizing health-conscious
dining in a modern, casual setting.
Chapter 11 Petition Date: September 9, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-11966
Judge: Hon. Philip Bentley
Debtor's Counsel: Lawrence Morrison, Esq.
MORRISON TENENBAUM PLLC
87 Walker Street, Second Floor
New York, NY 10013
E-mail: lmorrison@m-t-law.com
Total Assets: $0
Total Liabilities: $1,784,113
The petition was signed by Jorge Pineda as manager.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/OZEN2VY/Candle_28_LLC__nysbke-25-11966__0001.0.pdf?mcid=tGE4TAMA
CLAIRE'S STORES: Gets Court Approval to Sell US Stores for $104MM
-----------------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that on Tuesday,
September 9, 2025, a Delaware bankruptcy judge approved Claire's
request to sell certain U.S. stores and intellectual property to a
private holding company for $104 million in cash, plus additional
considerations, following a consensus among stakeholders.
About Claire's Stores
Claire's Stores, Inc. -- http://www.clairestores.com/-- is a
specialty retailer of jewelry, accessories, and beauty products for
young women, teens, "tweens," and kids. Through the Claire's brand,
the Claire's Group has a presence in 45 nations worldwide, through
a total combination of over 7,500 Company-owned stores, concessions
locations, and franchised stores. Headquartered in Hoffman Estates,
Illinois, the Company began as a wig retailer by the name of
"Fashion Tress Industries" founded by Rowland Schaefer in 1961. In
1973, Fashion Tress Industries acquired the Chicago-based Claire's
Boutiques, a 25-store jewelry chain that catered to women and
teenage girls. Following that acquisition, Fashion Tress Industries
changed its name to "Claire's Stores, Inc." and shifted its focus
to a full line of fashion jewelry and accessories.
In 2007, the Company was taken private and acquired by investment
funds affiliated with, and co-investment vehicles managed by,
Apollo Management VI, L.P. Claire's Group employs approximately
17,000 people globally. Claire's Stores, Inc., and 7 affiliates
sought Chapter 11 protection (Bankr. D. Del. Case No. 18-10584) on
March 19, 2018, after reaching terms of a balance sheet
restructuring with their first lien lenders and sponsor Apollo
Global Management, LLC.
As of Oct. 28, 2017, Claire's Stores reported $1.98 billion in
total assets against $2.53 billion in total liabilities.
The Hon. Brendan Linehan Shannon is the case judge.
The Debtors tapped Weil, Gotshal & Manges LLP as their bankruptcy
counsel; Richards, Layton & Finger, P.A. as local counsel; FTI
Consulting as restructuring advisor; Lazard Freres & Co. LLC as
investment banker; Hilco Real Estate, LLC as real estate advisor;
and Prime Clerk as claims agent and administrative advisor.
Andrew R. Vara, Acting U.S. Trustee for Region 3, appointed seven
creditors to serve on an official committee of unsecured creditors.
The Committee retained Cooley LLP, as counsel, and Bayard, P.A., as
co-counsel.
2nd Chapter 11 Attempt
Claire' Stores sought relief under Chapter 11 of the U.S.
Bankruptcy Code {Bankr. 25-11462) on August 6, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 billion and $10 billion each.
The Debtor is represented by Zachary I. Shapiro, Esq. at Richards,
Layton & Finger, P.A.
CLARIOS GLOBAL: Fitch Rates Proposed Sr. Unsecured Notes 'CCC+'
---------------------------------------------------------------
Fitch Ratings has assigned a 'CCC+' rating with a Recovery Rating
of 'RR6' to Clarios Global LP's (Clarios Global) proposed senior
unsecured notes. Clarios Global is a subsidiary of Clarios
International Inc. (Clarios).
Fitch currently rates Clarios and Clarios Global's Long-Term Issuer
Default Ratings (IDRs) at 'B' with Stable Rating Outlooks.
Clarios' ratings reflect its strong business profile and high
EBITDA margins, against a highly leveraged capital structure.
Key Rating Drivers
Proposed Notes: Clarios plans to use proceeds from the proposed
senior unsecured notes, along with existing cash and borrowings on
its asset-based lending (ABL) revolver, to redeem in full its
existing $1.6 billion of senior unsecured notes due 2027.
Tariff Effects Manageable: Fitch expects Clarios to manage tariff
impacts without any significant negative effects on its credit
profile. The company's large U.S. manufacturing footprint and the
highly recyclable nature of its batteries mitigate the direct
effect of tariffs. Replacement battery sales volumes tend to be
relatively resilient to macroeconomic changes. Fitch expects
Clarios to be able to adjust aftermarket battery pricing, if
necessary, to offset any tariff-related cost increases.
Higher Near-Term Leverage: Between fiscal YE 2020-YE 2024, Clarios'
debt (including off-balance-sheet factoring) declined by about $2.1
billion and EBITDA leverage (according to Fitch's methodology)
declined to 4.6x from 10.0x. However, Fitch expects gross EBITDA
leverage to run above 6.0x over the next couple years following the
January 2025 issuance of $4.5 billion of incremental debt to fund a
special distribution to shareholders. Despite the substantial
increase in debt, Fitch expects Clarios to look for opportunities
to reduce debt over the long term as it focuses on its sub-3.0x
EBITDA net leverage target.
Solid FCF Expected: Fitch expects Clarios to generate solid FCF
over the next several years. Fitch expects Clarios to generate FCF
margins (according to Fitch's methodology) of nearly 6.0% in fiscal
2025, in line with the 5.8% margin recorded in fiscal 2024. Over
the long term, Fitch expects the shift toward advanced batteries
and continued cost savings will allow Clarios to maintain FCF
margins in the mid-single-digit range. Fitch expects capex as a
percentage of revenue to be in the 4.0%-4.5% range over the next
few years.
Sub-3.0x EBITDA Interest Coverage Expected: Fitch expects Clarios'
EBITDA interest coverage to run below 3.0x over the intermediate
term, following the January 2025 debt increase. Actual EBITDA
interest coverage at fiscal YE 2024 was 3.4x. Clarios typically
uses hedges to convert a portion of its floating-rate debt to fixed
rates, mitigating the effect of fluctuating rates on the company's
interest expense.
Parent/Subsidiary Linkage: Fitch rates the IDRs of Clarios and its
Clarios Global subsidiary on a consolidated basis, using the weak
parent/strong subsidiary approach and open access and control
factors, as discussed in Fitch's "Parent and Subsidiary Linkage
Rating Criteria". This is based on the entities operating as a
single enterprise with strong legal and operational ties.
Peer Analysis
Clarios has a strong competitive position as the largest
low-voltage vehicle battery manufacturer in the world, responsible
for about one-third of the industry's total global production.
Although Clarios counts many global original equipment (OE)
manufacturers as customers, roughly 80% of its sales are derived
from the global aftermarket.
Clarios' strong aftermarket presence provides a more stable revenue
stream through the cycle than Tier 1 suppliers, such as BorgWarner
Inc. (BBB+/Stable) or Aptiv PLC (BBB/Rating Watch Negative).
Clarios' heavy aftermarket weighting makes it more comparable with
global tire manufacturers like Compagnie Generale des
Etablissements Michelin (A/Stable) and The Goodyear Tire & Rubber
Company (BB-/Negative), or other suppliers with a significant
aftermarket concentration, like First Brands Group LLC (B+/Stable)
or Tenneco LLC (B/Positive).
Clarios' margins are strong, with forecasted EBITDA margins
(according to Fitch's methodology) in the high teens over the next
several years, which is stronger than many investment-grade auto
suppliers. Its forecasted FCF margins in the low- to
mid-single-digit range are also consistent with investment-grade
auto suppliers. However, Clarios' leverage is relatively high and
consistent with auto suppliers in the 'B' rating category.
Over the long term, Fitch expects Clarios' leverage to continue to
decline because of higher EBITDA from sales growth tied to the
rising global vehicle population and a richer mix of advanced
batteries. Fitch also expects the company to continue to actively
seek opportunities to reduce debt, which would further accelerate
leverage reduction.
Key Assumptions
- Global automotive battery demand rises in the low-single-digit
range over the next several years due to higher replacement battery
demand and modest increases in vehicle production;
- In addition to volume growth, revenue is supported over the next
several years by the mix shifting to higher-priced advanced
batteries, as well as modest price increases on traditional
batteries;
- Margins are slightly higher in fiscal 2025 (excluding section 45x
credits) and then generally grow over the next several years
because of operating leverage on higher production levels, positive
pricing and mix, and savings associated with cost-reduction
initiatives;
- Capex as a percentage of revenue is in the 4.0%-4.5% range over
the next few years;
- The company uses a portion of its excess cash to reduce debt over
the next several years;
- Most debt maturities are refinanced at prevailing interest rates
prior to maturity;
- Fitch has not incorporated the effect of any potential IPO into
its forecasts.
Recovery Analysis
Fitch's recovery analysis assumes Clarios would be considered a
going concern (GC) in bankruptcy and would be reorganized rather
than liquidated. Fitch has assumed a 10% administrative claim in
the recovery analysis.
Clarios' recovery analysis reflects a potential severe downturn in
battery demand and estimates the GC EBITDA at $1.6 billion, which
reflects Fitch's view of a sustainable, post-reorganization EBITDA
level upon which the valuation of the company would be based
following a hypothetical default.
The GC EBITDA considers Clarios' stable operations, high operating
margins, significant percentage of aftermarket revenue, and the
nondiscretionary nature of its products. The $1.6 billion ongoing
EBITDA assumption is 23% lower than Fitch's calculated actual
EBITDA of $2.1 billion for fiscal 2024.
Fitch uses a 6.0x enterprise value (EV) multiple based on Clarios'
strong global market position and the nondiscretionary nature of
the company's batteries. In addition, Brookfield Asset Management
Inc.'s acquisition of Clarios in 2019 valued the company at an EV
over 8.0x (excluding expected post-acquisition cost savings).
According to Fitch's "Automotive Bankruptcy Enterprise Values and
Creditor Recoveries" report published in April 2025, 52% of
auto-related defaulters had exit multiples above 5.0x, with 28% in
the 5.0x to 7.0x range. However, the median multiple observed
across 25 bankruptcies was only 5.1x. Within the report, Fitch
observed that 86% of the bankruptcy cases analyzed were resolved as
a GC.
The recovery analysis assumes that off-balance-sheet factoring is
replaced with a super-senior facility that has the highest priority
in the distribution of value. Fitch also assumes a full draw on the
$800 million ABL revolver. The ABL receives second priority in the
distribution of value after the factoring and receives a Recovery
Rating of 'RR1'.
The analysis also assumes a full draw on the $800 million cash flow
revolver. Including this, the first lien secured debt totals $11.7
billion outstanding and receives a lower priority than the ABL in
the distribution of value hierarchy, in part due to its second lien
claim on the ABL's collateral. This results in a Recovery Rating of
'RR3'.
The senior unsecured notes have the lowest priority in the
distribution of value. This results in a Recovery Rating of 'RR6',
owing to the significant amount of secured debt positioned above it
in the distribution waterfall.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Gross EBITDA leverage above 7.0x without a clear path to
de-levering on a sustained basis;
- EBITDA interest coverage approaching 1.5x on a sustained basis;
- A decline in the Fitch-calculated EBITDA margin below 10% and FCF
margin near 1.0%, both on a sustained basis.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Financial policy-driven debt reduction that leads to gross EBITDA
leverage of 5.5x on a sustained basis;
- EBITDA interest coverage of 2.5x on a sustained basis;
- Fitch-calculated EBITDA margins in the low teens in percentage
terms and FCF margin of 2.5%, both on a sustained basis.
Liquidity and Debt Structure
Liquidity as of June 30, 2025, included $225 million of cash and
cash equivalents, augmented by significant revolver capacity.
Revolver capacity includes both an $800 million ABL facility and an
$800 million first lien secured cash flow revolver. As of June 30,
2025, a total of about $1.6 billion was available on the two
revolvers, with full availability on the cash flow revolver and
$756 million available on the ABL, after accounting for $44 million
of letters of credit backed by the facility.
The ABL and revolver mature in 2030. However, a springing maturity
provision that applies to both facilities could accelerate the
maturities to as early as February 2027 if the company's senior
unsecured notes due 2027 are not refinanced or redeemed prior to
that time.
As of June 30, 2025, Clarios had about $14.6 billion of debt
outstanding, including off-balance-sheet factoring. This consisted
of $11.1 billion of first lien secured debt, comprised of U.S.
dollar and euro term loans and secured notes, as well as about $1.6
billion of senior unsecured notes. The remaining debt consisted
primarily of off-balance-sheet factoring. Fitch excludes finance
leases from its debt calculations.
Issuer Profile
Clarios is the world's largest manufacturer and distributor of
low-voltage automotive batteries. It provides one in every three
automotive lead-acid batteries globally, servicing cars, heavy duty
trucks, motorcycles, marine, and powersports vehicles in the
original equipment and aftermarket channels.
Date of Relevant Committee
18-Dec-2024
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
Clarios Global LP
senior unsecured LT CCC+ New Rating RR6
COLLECTIVE INVESTMENT: Hires Conway Law Group as Legal Counsel
--------------------------------------------------------------
Collective Investment Holdings 5, LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Virginia to hire
Conway Law Group, PC to serve as legal counsel in its Chapter 11
Subchapter V case.
Conway Law Group will provide these services:
(a) advise the Debtor with respect to its powers and duties as
debtor in possession in the continued management and operation of
the assets of its estate;
(b) advise and consult on the conduct of the case, including
all of the legal requirements of operating in Chapter 11;
(c) attend meetings and negotiate with representatives of the
Debtor's creditors and other parties in interest;
(d) take all necessary action to protect and preserve the
Debtor's estate, including prosecuting actions on the Debtor's
behalf, defending actions commenced against the Debtor, and
representing the Debtor's interests in negotiations concerning
litigation in which it is involved, including objections to claims
filed against the estate;
(e) prepare all pleadings, including motions, applications,
answers, orders, reports, and papers necessary or otherwise
beneficial to the administration of the estate;
(f) advise the Debtor in connection with any potential sale of
assets;
(g) appear before the Court to represent the interests of the
estate;
(h) take any necessary action to negotiate, prepare, and obtain
approval of a Chapter 11 plan and related documents; and
(i) perform all other necessary or otherwise beneficial legal
services to the Debtor in connection with prosecution of this
case.
Martin Conway's hourly rate is $550, and paralegal work is billed
at $200 per hour.
Conway Law Group, PC received $5,000 from the Debtor for
pre-petition services and filing fees.
The firm is a "disinterested person" within the meaning of Section
101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached at:
Martin C. Conway, Esq.
Conway Law Group, PC
1320 Central Park Blvd, Ste 200
Fredericksburg, VA 22401
Telephone: (855) 848-3011
Facsimile: (571) 285-3334
E-mail: martin@conwaylegal.com
About Collective Investment Holdings 5 LLC
Collective Investment Holdings 5, LLC filed a petition under
Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. E.D. Va.
Case No. 25-11741) on August 24, 2025, listing between $500,001 and
$1 million in assets and between $100,001 and $500,000 in
liabilities.
Judge Brian F. Kenney presides over the case.
Martin C. Conway, Esq., at Conway Law Group, PC represents the
Debtor as bankruptcy counsel.
COLLECTIVE INVESTMENT: Taps John Williams Gordon as Property Agent
------------------------------------------------------------------
Collective Investment Holdings 5, LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Virginia, Alexandria
Division, to employ John Williams Gordon, a licensed real estate
agent in the State of Virginia, to represent the Debtor in
connection with the sale of real property.
Mr. Gordon will provide these services:
(a) prepare the property for listing;
(b) market the property to potential buyers;
(c) solicit and review offers;
(d) assist with negotiations; and
(e) coordinate the closing of any sale approved by the Court.
Mr. Gordon proposes to take zero commission on the sale.
Although Mr. Gordon is a co-owner of the Debtor and therefore
technically not a "disinterested person" under Section 101(14) of
the Bankruptcy Code, the Debtor submits that his proposed
employment is in the best interests of the estate.
About Collective Investment Holdings 5 LLC
Collective Investment Holdings 5, LLC filed a petition under
Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. E.D. Va.
Case No. 25-11741) on August 24, 2025, listing between $500,001 and
$1 million in assets and between $100,001 and $500,000 in
liabilities.
Judge Brian F. Kenney presides over the case.
Martin C. Conway, Esq., at Conway Law Group, PC represents the
Debtor as bankruptcy counsel.
CTL-AEROSPACE INC: Seeks Chapter 11 Bankruptcy in Ohio
------------------------------------------------------
Bondoro reports that on September 8, 2025, CTL-Aerospace Inc.
sought Chapter 11 relief in the US Bankruptcy Court for the
Southern District of Ohio. The company's petition shows liabilities
in the range of $10 million to $50 million, with funds projected to
be available for unsecured creditor recoveries.
About CTL-Aerospace Inc.
CTL-Aerospace Inc. is an aerospace composites maker headquartered
in Cincinnati, Ohio.
CTL-Aerospace Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ohio Case No. 25-12226) on September
8, 2025. In its petition, the Debtor reports assets and liabilities
between $10 million and $50 million each.
Honorable Bankruptcy Judge Beth A. Buchanan handles the case.
The Debtor is represented by Patricia Friesinger, Esq. at Coolidge
Wall Co., L.P.A.
CUBCOATS ACQUISITION: Hires Orantes Law Firm as General Bankruptcy
------------------------------------------------------------------
Cubcoats Acquisition Vehicle LLC seeks approval from the U.S.
Bankruptcy Court for the Central District of California to employ
Giovanni Orantes of The Orantes Law Firm, P.C., to serve as general
bankruptcy counsel in its Chapter 11 case.
The firm will provide these services:
(a) advise the Debtor regarding matters of bankruptcy law and
concerning the requirement of the Bankruptcy Code, and Bankruptcy
Rules relating to the administration of this case, and the
operation of the Debtor's estate as a debtor in possession;
(b) represent the Debtor in proceedings and hearings in the
court involving matters of bankruptcy law;
(c) assist in compliance with the requirements of the Office of
the United States Trustee;
(d) provide the Debtor legal advice and assistance with respect
to the Debtor's powers and duties in the continued operation of the
Debtor's business and management of property of the estate;
(e) assist the Debtor in the administration of the estate's
assets and liabilities;
(f) prepare necessary applications, answers, motions, orders,
reports and/or other legal documents on behalf of the Debtor;
(g) assist in the collection of all accounts receivable and
other claims that the Debtor may have and resolve claims against
the Debtor's estate;
(h) provide advice, as counsel, concerning the claims of secured
and unsecured creditors, prosecution and/or defense of all
actions;
(i) prepare, negotiate, prosecute and attain confirmation of a
plan of reorganization; and
(j) other compensation arrangements.
Mr. Orantes will receive an hourly rate of $695, and an hourly rate
of $160 applies to paralegals and law clerks.
The Orantes Law Firm, P.C. is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Giovanni Orantes, Esq.
THE ORANTES LAW FIRM, P.C.
3435 Wilshire Blvd. 27th Floor
Los Angeles, CA 90010
Telephone: (213) 389-4362
Facsimile: (877) 789-5776
E-mail: go@gobklaw.com
About Cubcoats Acquisition Vehicle LLC
Cubcoats Acquisition Vehicle LLC is a special-purpose entity formed
to acquire assets related to the "Cubcoats" children's brand,
including intellectual property and character rights. The Company
executed an asset purchase agreement with Peak Theory, Inc. in 2023
through a bankruptcy court-supervised sale in the District of
Utah.
Cubcoats Acquisition Vehicle LLC sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal.Case No.
25-16684) on August 1, 2025. In its petition, the Debtor reports
estimated assets up to $50,000 and estimated liabilities between $1
million and $10 million.
Honorable Judge Neil W. Bason oversees the case.
The Debtor is represented by Giovanni Orantes, Esq. at THE ORANTES
LAW FIRM, A.P.C.
DATAVAULT AI: Issuance of 5M in Waiver Agreement OK'd
-----------------------------------------------------
As previously disclosed, Datavault AI Inc. entered into an
agreement (the "Waiver Agreement") with the purchasers party to
that certain securities purchase agreement dated March 31, 2025,
pursuant to which the purchasers waived the provisions relating to
variable rate transactions contained in the March 2025 Purchase
Agreement for a period of 60 days and the provisions relating to
participation rights contained in the March 2025 Purchase
Agreement, and the Company agreed that until the earlier to occur
of:
(a) the end of the 60-day period beginning on the trading date
after the date of the Waiver Agreement, and
(b) when no Purchaser holds any of the Notes (as defined in
the March 2025 Purchase Agreement), the Corporation will not sell
shares of common stock of the Company, par value $0.0001 per share,
pursuant to that certain sales agreement, dated July 21, 2025, by
and between the Company and Maxim Group LLC, (a)(i) on any trading
day in an amount exceeding 10% of the trading volume of the shares
of Common Stock on such trading day during regular trading hours,
or (ii) outside of regular trading hours, (b) at a per share price
below $1.10, or (c) in an aggregate amount exceeding
$25,000,000.
In consideration of the waiver granted by the Purchasers under the
Waiver Agreement, the Company agreed to issue an aggregate of
5,000,000 shares of Common Stock to the Purchasers on the date the
Company receives stockholder approval for such issuance under
applicable stock exchange rules.
Written Consent:
On August 27, 2025, the holders of an aggregate of 50,365,422
shares of Common Stock, representing approximately 52% of the
overall voting power of the Company, executed a Written Consent in
lieu of a meeting to approve the issuance of shares of Common Stock
pursuant to the Waiver Agreement in the aggregate maximum amount of
5,000,000 for purposes of complying with Nasdaq Listing Rule
5635(d), to the extent required.
Pursuant to rules adopted by the Securities and Exchange Commission
(the "SEC") under the Securities Exchange Act of 1934, as amended,
an information statement on Schedule 14C describing the actions
approved in the Written Consent will be filed with the SEC and
mailed to the Company's stockholders. None of the actions approved
in the Written Consent may become effective earlier than 20
calendar days following the mailing of the Information Statement.
About Datavault AI
Datavault AI Inc. (formerly WiSA Technologies, Inc.) --
www.wisatechnologies.com -- develops and markets spatial audio
wireless technology for smart devices and home entertainment
systems. The Company's WiSA Association collaborates with consumer
electronics companies, technology providers, retailers, and
industry partners to promote high-quality spatial audio
experiences. WiSA E is the Company's proprietary technology for
seamless integration across platforms and devices.
San Jose, California-based BPM LLP, the Company's auditor since
2016, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the
Company's recurring losses from operations, a net capital
deficiency, available cash and cash used in operations raise
substantial doubt about its ability to continue as a going
concern.
As of June 30, 2025, the Company had $120.7 million in total
assets, against $46.6 million in total liabilities.
DB TRANSPORT: Seeks Subchapter V Bankruptcy in Mississippi
----------------------------------------------------------
On September 4, 2025, DB Transport LLC filed Chapter 11
protection in the Southern District of Mississippi. According to
court filing, the Debtor reports between $1 million and $10 million
in debt owed to 1 and 49 creditors. The petition states funds will
be available to unsecured creditors.
About DB Transport LLC
DB Transport LLC provides vehicle transportation and freight
services across the United States, specializing in the interstate
shipment of automobiles and general cargo. The Company operates
under federal registration with the U.S. Department of
Transportation and maintains offices in D'Iberville, Mississippi,
and Murfreesboro, Tennessee. It serves individual customers and
businesses requiring open or enclosed transport solutions.
DB Transport LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Miss. Case No. 25-51307) on
September 4, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Katharine M. Samson handles the case.
The Debtor is represented by Thomas C. Rollins, Jr., Esq. at THE
ROLLINS LAW FIRM, PLLC.
DCA OUTDOOR: Seeks to Obtain $8MM DIP Loan From Summit
------------------------------------------------------
DCA Outdoor, Inc. and its affiliates ask the U.S. Bankruptcy Court
for the Western District of Missouri for authority to obtain
post-petition financing to get through bankruptcy.
The Debtors request interim and final orders permitting them to
access a debtor-in-possession credit facility totaling up to $8.05
million from Summit Investment Management, LLC. This financing
would be secured by senior, superpriority priming liens, ahead of
existing secured creditors, notably Frontier Farm Credit.
The termination date is 270 days after closing on the DIP facility,
subject to extension as provided in the term sheet.
The DIP financing is deemed critical for DCA to continue
operations, meet regulatory obligations (including H-2A visa worker
compliance), and formulate a reorganization plan.
The Debtors assert that without immediate access to up to $3
million under the DIP facility, they would face irreparable harm,
including the potential collapse of their operations and inability
to comply with environmental and regulatory requirements. The funds
will be used for operating expenses, professional fees, regulatory
compliance, and restructuring costs, as detailed in a 13-week cash
flow projection submitted with the motion.
DCA, in consultation with its chief restructuring officer and
advisors, pursued alternative financing options and engaged
multiple lenders. Only one other term sheet was received, and none
offered terms more favorable than Summit. DCA also approached
Frontier, which declined to provide DIP funding under current
management. Ultimately, DCA determined that Summit's offer, though
it includes certain fees such as a $200,000 upfront fee, a 2% exit
fee, and a $200,000 break-up fee—was the best available and
essential to preserving estate value.
The DIP financing includes customary provisions for adequate
protection to Frontier, including replacement liens, superpriority
administrative claims, and interest payments. It also includes a
carveout to preserve the rights of professionals to be paid in the
event of case conversion or default. The carveout includes $25,000
for a Chapter 7 trustee, administrative fees to the clerk of court,
allowed fees for estate professionals incurred prior to a default,
and capped amounts for post-default fees for both the Debtors and
the creditors' committee.
The Debtors filed for Chapter 11 in February after facing
significant financial challenges including declining revenues, the
loss of a major customer, diseased inventory, and increased
operating costs. DCA, a Nevada corporation headquartered in Kansas
City, Missouri, is a leading supplier in the landscape industry and
the largest "balled and burlapped" tree producer in the U.S.,
operating in over 20 states and Canada. Despite being a market
leader, DCA saw its revenue fall to $63 million in 2024, down $2
million from the previous year, and incurred a $3.1 million net
loss, worsened by $400,000 from 2023.
As of the petition date, the Debtors carried approximately $100
million in debt, including $96 million in secured obligations under
a pre-petition credit agreement with Frontier. This agreement
comprised a $60 million revolving credit line and $36 million in
term loans with interest rates ranging from 4.55% to 7.95%. In
January, DCA and Frontier entered a forbearance agreement, which
Frontier terminated in February. Frontier subsequently declined to
offer further financing unless DCA's chief executive officer was
removed and a trustee appointed.
A copy of the motion is available at https://is.gd/Mr9HPQ from
PacerMonitor.com.
About DCA Outdoor Inc.
Established in 2016, DCA Outdoor Inc. is a vertically integrated
green industry organization headquartered in Kansas City,
Missouri.
DCA Outdoor connects various sectors -- including agricultural
production, landscape distribution, retail, agritourism, and
transportation -- through its family of brands. The DCA Outdoor
family comprises several brands including Schwope Brothers Tree
Farms, Utopian Plants, RIO, Anna Evergreen, Brehob Nurseries, KAT
Landscape, Colonial Gardens, PlantRight, PlantRight Supply, and
Utopian Transport.
DCA Outdoor sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. W.D. Miss. Case No. 25-50053) on February 20, 2025. In
its petition, the Debtor reported up to $50,000 in assets and
between $50 million and $100 million in liabilities.
Honorable Bankruptcy Judge Cynthia A. Norton handles the case.
The Debtor tapped Larry E. Parres, Esq., at Lewis Rice, LLC as
legal counsel and Creative Planning, LLC and its affiliate
BerganKDV as audit and tax professionals.
Summit Investment Management LLC, as DIP lender, can be reached
through:
Patrick Gilbert
Summit Investment Management, LLC
Wells Fargo Center
1700 Lincoln Street, Suite 2150
Denver, CO 80203
Office: 720.221.3154
Cell: 651.688.6127
pgilbert@summit-investment.com
DEEP BLUE: S&P Assigns 'BB-' Issuer Credit Rating, Outlook Stable
-----------------------------------------------------------------
S&P Global Ratings assigned a 'BB-' issuer credit rating to
Texas-based water infrastructure operator, Deep Blue Operating I
LLC based on its view of the company pro forma for the
acquisition.
S&P also assigned a 'BB-' issue-level rating to the proposed term
loan B based on a '3' recovery rating, indicating its expectations
for meaningful (50%-70%; rounded estimate: 65%) recovery in the
event of a default.
The stable outlook reflects S&P's expectation that Deep Blue will
successfully close on the acquisition in the fourth quarter of 2025
and maintain S&P Global Ratings-adjusted debt to EBITDA of less
than 4.0x through 2026.
S&P said, "Our assessment of Deep Blue's business risk profile
reflects the company's modest scale, geographic and customer
concentration, and contract terms. Deep Blue has around 783,000
dedicated acres with 1,871 miles of pipelines and 160 saltwater
disposals all in the Midland Basin. Our expectation of 1.55 million
barrels per day (mmbpd) and 0.89 mmbpd of water handling and water
supply volumes, respectively, in 2025 results in a modest pro forma
S&P Global Ratings-adjusted EBITDA forecast within $285
million-$295 million, which we expect will grow to the $300
million-$310 million range in 2026. Deep Blue's contracts are
largely fee-based acreage dedications with about 8% minimum volume
commitments (MVCs) that subject the company to volumetric risk
because adverse oil price movement could affect the activities of
its upstream customers. We tend to view MVCs favorably because they
provide a revenue floor when commodity prices are low. Further, the
company exhibits significant customer concentration given its
anchor customer, Diamondback, is responsible for about 88% of its
pro forma revenue."
These factors are offset by the company's "Earnback" agreement with
Diamondback where it receives cash from its anchor customer if the
customer's completion footage underperforms a baseline level. This
arrangement provides some downside protection through 2028. S&P
said, "Although, the contract agreement with Diamondback also
includes earnout payments when the upstream company performs above
the baseline, which we expect to be the case. Further, our
investment-grade rating on Diamondback and the long-term nature of
Deep Blue's contracts (average of 14 years) with annual CPI
escalators are also offsetting factors."
S&P said, "We expect Deep Blue will deleverage over the next few
years by paying down the drawn RCF with excess cash flow. The
company will draw $150 million on the RCF to fund the transaction,
which we expect it will pay down with $45 million and $105 million
from excess cash flow in 2025 and 2026, respectively. Consequently,
we expect the company's S&P Global Ratings-adjusted debt to EBITDA
will be around 3.6x in 2025 (on a pro forma basis) and improve to
3.0x in 2026. Given we expect Deep Blue will generate about $155
million pro forma free operating cashflow (FOCF) in 2025 and $120
million in 2026, we believe it has ample capacity to fund the
repayments. Our leverage forecast incorporates the mandatory
amortization as per the credit agreement and the inclusion of
approximately $22 million of asset retirement obligations as debt.
"We do not consider Deep Blue to be a financial sponsor-controlled
company. Diamondback maintains meaningful ownership of the
company's voting shares, despite Five Point Energy Infrastructure
owning a majority stake in the company. Under this structure, Five
Point does not have control to unilaterally make key financial
policy decisions such as leverage threshold and approving Deep
Blue's bankruptcy. Additionally, Deep Blue's leverage ratio
threshold according to its governance documents is about 3.25x,
which equates to around 3.3x–3.5x on an S&P Global
Ratings-adjusted basis. Any changes to this leverage target would
require unanimous approval. That said, its owners have agreed to
temporarily increase leverage to allow for the acquisition of the
Endeavor assets. We do not expect the company will pursue
debt-funded acquisitions that increase net leverage above 3.5x on a
sustained basis, based on stable FOCF generation, our view that
Diamondback will support a conservative financial policy, and
potential access to additional equity earmarked by both Diamondback
and Five Point.
"We view Deep Blue as moderately strategic to Diamondback. We
believe Diamondback will support Deep Blue under some circumstances
irrespective of the actions of Five Point. This is because of the
critical importance of Deep Blue's services to Diamondback's
operations in the Midland Basin, given the water midstream company
will cover 95% of Diamondback's Midland Basin production. Our
moderately strategic assessment resulted in a one notch rating
uplift from the company's stand-alone credit profile (SACP) of
'b+'.
"The stable outlook reflects our view that Deep Blue Operating I
LLC will successfully close and integrate the acquisition of the
Endeavor water assets and maintain leverage under 4.0x in 2025 and
2026.
"We could lower the rating if S&P Global Ratings-adjusted leverage
increases to above 4.0x on a sustained basis." This could occur
if:
-- A sharp decline in crude oil leads to sustained reduced
drilling activity; or
-- The company pursues a more aggressive financial policy.
Separately, S&P could lower the rating if it deems Deep Blue to be
nonstrategic to Diamondback.
Although unlikely in the near-term, S&P could take a positive
rating action if the company increases scale and geographic
footprint while maintaining leverage under 3.0x.
DIOCESE OF OAKLAND: Wants Ch. 11 Case Dismissed, Resume Mediation
-----------------------------------------------------------------
Randi Love of Bloomberg Law reports that the Oakland Diocese is set
to resume mediation with a committee representing almost 350
victims of clergy sexual abuse and its insurance carriers, even as
it works to conclude its Chapter 11 case.
The diocese announced the agreement Tuesday, September 9, 2025,
shortly after informing the Northern District of California
Bankruptcy Court that it has depleted its funds for legal expenses.
The 2023 bankruptcy filing aimed to resolve extensive allegations
of sexual abuse by clergy members. Despite submitting a proposed
plan to exit bankruptcy, the diocese has so far been unable to
secure a settlement with all parties involved.
About Roman Catholic Bishop Of Oakland
The Roman Catholic Bishop of Oakland, a tax-exempt religious
organization, sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 23-40523) on May 8,
2023. In the petition signed by Bishop Michael Charles Barber, the
Debtor disclosed $100 million to $500 million in both assets and
liabilities.
Judge William J. Lafferty oversees the case.
The Debtor tapped Foley & Lardner LLP as legal counsel and Alvarez
& Marsal North America, LLC as restructuring advisor. Kurtzman
Carson Consultants LLC is the Debtors' claims and noticing agent
and administrative advisor.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case. The
committee tapped Lowenstein Sandler, LLP as bankruptcy counsel;
Burns Bair LLP as special insurance counsel; and Berkeley Research
Group, LLC as financial advisor.
DIOCESE OF SYRACUSE: Judge Okays $176MM Bankruptcy Plan
-------------------------------------------------------
Catholic World News reports that the Diocese of Syracuse has
finalized its Chapter 11 case with a $176 million bankruptcy plan,
approved by a judge five years after the diocese initially filed.
Bishop Douglas Lucia announced the decision in a public statement.
In a pastoral letter, Bishop Lucia said the diocese's emergence
from bankruptcy is not only a legal milestone but also a call to
spiritual renewal: "We emerge to better live our Catholic Christian
faith, to leave sin behind, and to answer the Universal Call to
Holiness at the heart of Christian life."
Syracuse joins the dioceses of Albany, Buffalo, Rochester, and
Rockville Centre, all of which filed for bankruptcy following
legislative changes that reopened the window for sexual abuse
lawsuits in New York, the report states.
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.
DMO NORTH: Files Emergency Bid to Use Cash Collateral
-----------------------------------------------------
DMO North Hampton Realty, LLC asks the U.S. Bankruptcy Court for
the District of New Hampshire for authority to use cash collateral
from August 18 to September 18.
The Debtor owns commercial property at 137 Lafayette Road in North
Hampton, New Hampshire, currently leased to Stratham Motor Sales,
Inc. (doing business as McFarland Kia), under a triple-net lease.
The Debtor seeks to continue using the cash collateral -- primarily
rental income from the tenant -- to pay the regular monthly
mortgage payment of $15,666 to Primary Bank, which holds a mortgage
and security interest on the property from a $2.8 million loan made
in February 2020. In addition, Primary Bank also claims that the
property serves as cross-collateral for a separate $10.8 million
loan made to DMO Auto Ventures, LLC, a related entity owned by the
Debtor's principal, Daniel O'Brien. This cross-collateralization
claim is disputed by the Debtor and may require court intervention
to resolve.
Leading up to the bankruptcy filing, Primary Bank sent a demand
letter in June and scheduled a foreclosure sale for August 20.
Under the terms of a Collateral Assignment of Leases and Rents
(CALR), Primary Bank directed the tenant to pay rent directly to
the bank in July. On July 31, the bank withdrew $30,000 from one of
the Debtor's accounts -- more than the usual mortgage amount. The
Debtor objects to this and proposes limiting payments to the
monthly mortgage amount only. The property is believed to be worth
approximately $4.5 million, and the February loan payoff is
estimated at $2.43 million, indicating a strong equity cushion.
The motion requests the court's authorization to allow the Debtor
to use cash collateral solely to make mortgage payments while
granting Primary Bank a replacement lien on post-petition assets to
protect its interest. The Debtor has no available funds; Primary
Bank has already swept the relevant bank accounts twice (once
pre-petition and once post-petition). The Debtor has no employees,
no rent obligations, no unsecured creditors and is current on
taxes. Meanwhile, utilities are covered by the tenant.
A copy of the motion is available at https://urlcurt.com/u?l=e5O0Ct
from PacerMonitor.com.
About DMO North Hampton Realty LLC
DMO North Hampton Realty LLC is a single-asset real estate entity,
as defined in 11 U.S.C. Section 101(51B), that leases commercial
and residential properties.
DMO North Hampton Realty sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. N.H. Case No. 25-10578) on August 19,
2025. In its petition, the Debtor reported estimated assets and
liabilities between $1 million and $10 million.
The Debtor is represented by William J. Amann, Esq., at Amann
Burnett, PLLC.
EAST COAST DESIGNS: Hires Nicholson Devine LLC as Legal Counsel
---------------------------------------------------------------
East Coast Designs Inc. seeks approval from the U.S. Bankruptcy
Court for the District of Massachusetts to hire Nicholson Devine
LLC to serve as legal counsel in its Chapter 11 case.
The firm will provide these services:
(a) advise the Debtor with respect to its rights, powers and
duties as a debtor-in-possession in the continued operation and
management of its business;
(b) advise the Debtor with respect to any plan of reorganization
and any other matters relevant to the formulation and negotiation
of a plan or plans of reorganization in this case;
(c) represent the Debtor at all hearings and matters pertaining
to its affairs as a debtor and debtor-in-possession;
(d) prepare, on the Debtor's behalf, all necessary and
appropriate applications, motions, answers, orders, reports, and
other pleadings and other documents, and review all financial and
other reports filed in this Chapter 11 case;
(e) advise the Debtor with respect to, and assist in the
negotiation and documentation of, financing agreements, debt and
cash collateral orders and related transactions;
(f) review and analyze the nature and validity of any liens
asserted against the Debtor's property and advise the Debtor
concerning the enforceability of such liens;
(g) advise the Debtor regarding its ability to initiate actions
to collect and recover property for the benefit of its estate;
(h) advise and assist the Debtor in connection with the
potential sale of the Debtor's assets;
(i) advise the Debtor concerning executory contract and
unexpired lease assumptions, lease assignments, rejections,
restructurings and recharacterization of contracts and leases;
(j) review and analyze the claims of the Debtor's creditors, the
treatment of such claims and the preparation, filing or prosecution
of any objections to claims;
(k) commence and conduct any and all litigation necessary or
appropriate to assert rights held by the Debtor, protect assets of
the Debtor's Chapter 11 estate or otherwise further the goal of
completing the Debtor's successful reorganization other than with
respect to matters to which the Debtor retains special counsel;
and
(l) perform all other legal services and provide all other
necessary legal advice to the Debtor as debtor-in-possession which
may be necessary in the Debtor's bankruptcy proceeding.
The firm will be paid at these rates:
Kate E. Nicholson, Esq. $400 per hour
Christine E. Devine, Esq. $400 per hour
Associates $250 to $325 per hour
Paralegals $125 to $150 per hour
Prepetition, the Debtor paid the firm $7,700, and $5,685 remained
unpaid at the time of filing. All fees are subject to Court
approval under Sections 330 and 331 of the Bankruptcy Code.
Nicholson Devine LLC is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Kate E. Nicholson, Esq.
Angelina M. Savoia, Esq.
NICHOLSON DEVINE LLC
21 Bishop Allen Dr.
Cambridge, MA 02139
Telephone: (857) 600-0508
E-mail: kate@nicholsondevine.com
angelina@nicholsondevine.com
About East Coast Designs Inc.
East Coast Designs Inc. is a specialized design services company
based in Marblehead, Massachusetts. It provides professional design
services in the interior and home design sector, with operations
along the East Coast.
East Coast Designs Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-11692)
on August 13, 2025. In its petition, the Debtor reports estimated
assets between $100,000 and $500,000 and estimated liabilities
between $500,000 and $1 million.
Honorable Bankruptcy Judge handles the case.
The Debtor is represented by Nicholson Devine LLC.
ELITE EQUIPMENT: Seeks Chapter 11 Bankruptcy in Montana
-------------------------------------------------------
Bondoro reports that Elite Equipment Leasing LLC along with its
affiliates, filed for Chapter 11 bankruptcy on September 7, 2025 in
the US Bankruptcy Court for the District of Montana. The company
reported liabilities between $10 million and $50 million. Court
filings state that unsecured creditors are unlikely to receive any
distribution once administrative expenses are covered.
About Elite Equipment Leasing LLC
Elite Equipment Leasing LLC is a Billings, Montana-based crane
rental group.
Elite Equipment Leasing LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Mon. Case No. 25-10145) on
September 7, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $10 million and $50 million each.
The Debtors are represented by James A. Patten, Esq. at Patten,
Peterman, Bekkedahl & Green, PLLC and Lesnick Prince Pappas &
Alverson LLP. Garrett Stiepel Ryder LLP is the Debtors' Special
Corporate and Transactional Counsel. Curt Kroll of
SierraConstellationPartners LLC is the Debtors' Financial Advisor.
Epiq Corporate Restructuring LLC is the Debtors' Claims Agent.
ENERGIZER HOLDINGS: S&P Rates New $300MM Sr. Unsecured Notes 'B'
----------------------------------------------------------------
S&P Global Ratings assigned its 'B' issue-level rating to
U.S.-based Energizer Holdings Inc.'s proposed $300 million senior
unsecured notes due 2033. The recovery rating on the proposed notes
is '5', indicating creditors could expect modest (10%-30%; rounded
estimate: 15%) recovery in the event of a payment default. The
company intends to use the net proceeds from the proposed notes
offering, together with the anticipated proceeds from its recently
launched $150 million term loan B facility add-on, to redeem its
$300 million 6.50% senior notes due 2027 and repay a portion of
borrowings under its revolving credit facility.
S&P's 'B+' issuer credit rating on the company and stable outlook
are unchanged.
The leverage-neutral transaction will improve liquidity by
increasing availability under its revolving credit facility and
addressing a medium-term note maturity. S&P said, "We forecast
Energizer will maintain good earnings momentum following a solid
third quarter ended June 30, 2025, in which S&P Global
Ratings-adjusted EBITDA grew 30%. We also expect the company will
prioritize debt repayment such that S&P Global Ratings-adjusted
leverage falls below 6x in fiscal 2025. Our ratings on Energizer
reflect its strong market share and brand recognition in the global
battery business and consistent cash flow generation, partly offset
by its high debt burden and participation in the mature global
battery industry and highly competitive, seasonal auto care
business."
ENKB-MONTICELLO LLC: Seeks Chapter 11 Bankruptcy in Texas
---------------------------------------------------------
On September 7, 2025, ENKB-Monticello LLC filed Chapter 11
protection in the Southern District of Texas. According to court
filing, the Debtor reports between $1 million and $10 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About ENKB-Monticello LLC
ENKB-Monticello LLC and affiliates own and operate multifamily
residential properties in Texas, including Monticello Apartments,
La Plaza Apartments, Mar Del Sol Apartments, and Villa Nueva
Apartments. The Debtors provide rental housing across their
respective communities and are managed as part of a real estate
investment portfolio based in Houston, Texas.
ENKB-Monticello LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-80418) on September
7, 2025. In its petition, the Debtor reports estimated assets
between $10 million and $50 million and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Joyce W. Lindauer, Esq. at JOYCE W.
LINDAUER ATTORNEY, PLLC.
ERIE KASH: Unsecureds to Get Share of Income for 3 Years
--------------------------------------------------------
Erie Kash Out Properties LLC, filed with the U.S. Bankruptcy Court
for the Eastern District of Pennsylvania a Plan of Reorganization
under Subchapter V dated September 2, 2025.
The Debtor, a Pennsylvania limited liability company, owns and
operates a three-unit residential rental property located at 30
South 62nd Street, in Philadelphia, PA. The Property was purchased
in June 2019 and is the Debtor's primary asset.
Since acquisition, the Property experienced significant vacancy
periods due to the COVID-19 pandemic and the need for substantial
repairs to restore the units to rentable condition. These
challenges disrupted rental income and contributed to financial
difficulties, including the accumulation of secured and unsecured
debts.
As of March 15, 2025, all three units are fully rented, generating
a stable monthly rental income. The Debtor has addressed the repair
needs and stabilized operations, enabling it to propose this Plan
of Reorganization under Subchapter V of Chapter 11.
This Plan of Reorganization under chapter 11 of Title 11, United
States Code, proposes to pay creditors of the Debtor from its
future income.
Non-priority unsecured creditors holding allowed claims will
receive distributions from the Debtor's disposable income. This
Plan also provides for the payment of administrative and priority
claims.
Class 5 consists of all timely-filed allowed general unsecured
claims, which will receive-pro rata distributions funded by the
Debtor's projected net disposable income over three years. This
class is impaired and entitled to vote.
Class 6 consists of all equity interests of the debtor, which will
be retained, unaltered, and outstanding. This class is not impaired
and not entitled to vote.
The Plan will be funded exclusively through rental income generated
from the Debtor's real property located at 30 South 62nd Street,
Philadelphia, Pennsylvania (the "Property").
The Debtor shall retain and continue to operate the Property as an
income-producing rental asset throughout the term of the Plan.
A full-text copy of the Plan of Reorganization dated September 2,
2025 is available at https://urlcurt.com/u?l=Kn7mM2 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Brad J. Sadek, Esq.
Michael I. Assad, Esq.
Sadek Law Offices LLC
1315 Walnut St Ste 1119
Philadelphia, PA 19107
Tel: (215) 545-1055
About Erie Kash Out Properties
Erie Kash Out Properties, LLC, a Pennsylvania limited liability
company, owns and operates a three-unit residential rental property
located at 30 South 62nd Street, in Philadelphia, PA.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-11729) on May 2, 2025,
listing $100,001 to $500,000 in assets and $500,001 to $1 million
in liabilities.
Judge Ashely M Chan presides over the case.
Brad J. Sadek, Esq., at Sadek Law Offices, LLC, is the Debtor's
bankruptcy counsel.
EVANGELINE HOSPITALITY: Case Summary & 20 Top Unsecured Creditors
-----------------------------------------------------------------
Debtor: Evangeline Hospitality, LLC
2235 Creswell Lane Ext, Lot B
Opelousas, LA 70570
Business Description: Evangeline Hospitality, LLC owns and
operates the Evangeline Downs Hotel in
Opelousas, Louisiana, under a franchise
agreement with Choice Hotels International's
Ascend Hotel Collection. The Company
provides lodging services and amenities at
its property located at 2235 Creswell Lane
Extension.
Chapter 11 Petition Date: September 9, 2025
Court: United States Bankruptcy Court
Western District of Louisiana
Case No.: 25-50805
Judge: Hon. John W Kolwe
Debtor's Counsel: Tom St. Germain, Esq.
WEINSTEIN & ST. GERMAIN
1103 West University Ave
Lafayette, LA 70506
Tel: (337) 235-4001
Fax: (337) 235-4020
Total Assets: $3,318,119
Total Liabilities: $7,103,959
The petition was signed by William John Folkerts as member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/OJ3B5FA/Evangeline_Hospitality_LLC__lawbke-25-50805__0001.0.pdf?mcid=tGE4TAMA
EVERGREEN LODGING: Hires Kutner Brinen as Legal Counsel
-------------------------------------------------------
Evergreen Lodging LLC seeks approval from the U.S. Bankruptcy Court
for the District of Colorado to hire Kutner Brinen Dickey Riley,
P.C. to serve as legal counsel in its Chapter 11 case.
The firm will provide these services:
(a) provide the Debtor with legal advice with respect to its
powers and duties;
(b) aid the Debtor in the development of a plan of
reorganization under Chapter 11;
(c) file the necessary petitions, pleadings, reports, and
actions which may be required in the continued administration of
the Debtor's property under Chapter 11; and
(d) take necessary actions to enjoin and stay until final decree
herein continuation of pending proceedings and to enjoin and stay
until final decree.
The fees and costs charged by Kutner Brinen Dickey Riley, P.C. are
subject to allowance or review by the Court in accordance with 11
U.S.C. Sections 329, 330 and 331.
Kutner Brinen Dickey Riley, P.C. represents no interest materially
adverse to the estate of the Debtor, according to court filings.
The firm can be reached at:
Kutner Brinen Dickey Riley, P.C.
1660 Lincoln Street, Suite 1720
Denver, CO 80264
About Evergreen Lodging LLC
Evergreen Lodging LLC, owned by Sean and Susi Keating, is a
Colorado-based hospitality company that operates lodging facilities
and manages a 155-room Days Inn lodging facility in Golden under a
2020 franchise agreement.
Evergreen Lodging LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Col. Case No. 25-15542) on August 28,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Joseph G. Rosania Jr. handles the case.
The Debtor is represented by Keri L. Riley, Esq. at KUTNER BRINEN
DICKEY RILEY.
FOREST CITY REALTY: S&P Lowers ICR to 'CCC' on Refinancing Risk
---------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Forest City
Realty Trust Inc. to 'CCC' from 'CCC+' and its issue-level rating
on its term loan to 'CCC'. Our '4' recovery rating is unchanged,
indicating its expectation for average recovery in the event of a
default.
The negative outlook reflects S&P's expectation that Forest City
will need to actively address its upcoming term loan maturity in
December and revolving credit facility balance due in May 2026 to
avoid a default.
Forest City Realty Trust Inc.'s term loan due in December presents
material refinancing risk such that absent a refinancing, the
issuer could face a near-term liquidity crisis or distressed
exchange.
Forest City faces increased refinancing risk amid a shortening
window to repay or refinance its term loan due in December. S&P
said, "We believe there is an increased likelihood of a distressed
exchange, redemption, or default, absent a refinancing or
unforeseen positive development to Forest City's financial
position. The company has yet to refinance or use asset sale
proceeds to pay down its $600 million term loan due in December
(with no extension options available). Macroeconomic uncertainty
and market volatility earlier this year stressed an already
challenging transaction environment, resulting in limited
dispositions. Year to date, Forest City has sold one asset (netting
$20.7 million in proceeds at its share), with $55 million of assets
held for sale on the balance sheet as of June 30, 2025. While we
think transaction activity could pick up in the coming months, we
believe the company relies on refinancing to repay the term loan,
which has yet to occur."
Forest City's balance sheet remains highly leveraged, with
additional material maturities over the next two years. Forest City
has $250 million outstanding under its revolver $400 million
revolver due in May 2026, with no extension option available. The
revolver does not require the company to meet financial covenants
and is subordinated to the term loan. In addition, the company has
approximately $1.7 billion in nonrecourse mortgage debt due this
year (including $324.7 million related to two nonrecourse mortgage
loans with original 2023 maturity dates that the company is working
with the servicers to extend) followed by $1.19 billion in 2026.
S&P recognizes the company could walk away from its nonrecourse
debt, but it expects the company will continue to exercise
extension options and work with lenders to refinance mortgages when
feasible. In the first quarter, Forest City extended a $352.8
million multi-asset nonrecourse loan with a maturity date of
January 2025 and a $72.0 million multifamily nonrecourse mortgage
loan with a maturity date of February 2025 to January 2026 and
February 2026, respectively.
S&P said, "Our rating on Forest City does not incorporate support
from Brookfield, the sponsor, because we view the investment as
nonstrategic. While we recognize the possibility that Brookfield
could assist Forest City with liquidity needs, our base-case
scenario does not include support. That said, we acknowledge
Brookfield provided an EBITDA equity cure to Forest City in 2023
for Forest City to avoid breaching its covenants under its
revolving credit facility. Affiliates of Brookfield also provided
Forest City with a revolving credit facility, which does not
require any minimal financial covenants and expires in May 2026.
"The negative outlook reflects our view that the company's capital
structure is unsustainable and current market conditions will make
it challenging for the company to repay its term loan due in
December absent a refinancing."
S&P could lower its rating on Forest City if it:
-- Cannot execute a refinancing or sufficient asset sales such
that S&P would believe it does not have a viable path to repay its
term loan by maturity; or
-- Pursues a debt restructuring or exchange.
S&P could consider revising its outlook or rating on Forest City
if:
-- It successfully refinances the term loan; and
-- The company refinances its upcoming maturities into a more
laddered schedule.
FREEDOM 26: To Sell SMB Properties to F&E 2012 for $16.5MM
----------------------------------------------------------
The Accomodator Group, Inc. (TAG), Plan Administrator for the
Reorganized Behnam Rafalian and Freedom 26, LLC, seeks approval
from the U.S. Bankruptcy Court for the Central District of
California, Los Angeles Division, to sell Property, free and clear
of liens, claims, interests, and encumbrances.
The Property that is up for sale is comprised of retail, office,
warehouse, and residential properties located at 11900, 11914,
11918, 11922, and 11930-11932 Santa Monica Boulevard, Los Angeles,
California 90025 and 1516 and 1518 Brockton Avenue, Los Angeles,
California 90025 (SMB Properties).
After negotiating with several potential purchasers and countering
their proposals, and consulting with Debtor's broker and other
interested parties, TAG enter into a purchase agreement for the SMB
Properties on or about June 29, 2025 for $16.5 million with buyer,
F&E 2012 Revocable Trust.
The Buyer placed an initial deposit of $500,000 into escrow, with
another $500,000 to be deposited at the end of the contingency
period, at which time the $1 million deposit would become
non-refundable and released to TAG. The original projected close of
escrow was September 3, 2025.
The net proceeds to be received from the sale by TAG are
approximately $4,673,303.72, or higher if there is a qualified
overbid.
Disbursements include liens in the approximate amount of
$8,500,000.00 (to first trust deed holder Regal Investment Fund,
LLC), broker commissions of $290,000.00 (2% to Newmark Pacific),
reimbursement of $20,000.00 to TAG for the Phase II Environmental
Report and testing, and other items such as county property taxes,
city and county transfer taxes, and other usual closing costs such
as title and escrow fees.
TAG requests authority to pay any liens it deems valid through
escrow, along with ordinary costs such as, but not necessarily
limited to, property and transfer taxes, reimbursements, title
fees, escrow fees, and broker commissions of 2%, upon close of
escrow. TAG also requests that all net proceeds of the sale after
payment of the foregoing be paid to it as Plan Administrator for
the benefit of the estate upon close of escrow.
The sale is specifically free and clear of the Shamsam Trust's
lien, and Shamsam Trust shall not receive any disbursement directly
out of escrow.
TAG proposes the following overbid procedures be used at the
hearing on the Sale Motion for the purpose of considering bids.
Each potential bidder (other than Buyer F&E Trust (or its assignee)
in order to be a Qualified OverBidder at the Hearing, shall:
-- Deposit by wire transfer the sum of $1 million directly with
TAG, which must be received and verified by TAG no later than one
day before the hearing.
-- At least one day prior to the Sale Hearing, provide proof of
funds to TAG and its representatives (including counsel and
Newmark), showing that the overbidder has the ability to pay the
balance of any bid made by such bidder.
-- The initial overbid shall be a total of at least five hundred
thousand dollars ($500,000.00) more than the Sales Price, and all
additional/subsequent overbids must be made in minimum increments
of $250,000.00.
-- Whether Buyer F&E Trust or an overbidder is declared the winning
bidder at the Sale Hearing, such Winning Bidder shall have seven
days after entry of a court order approving the sale to close
escrow.
TAG also requests approval of a Backup Bidder should the Winning
Bidder fail to close the sale escrow within the applicable period.
TAG believes the overbid procedures are reasonable and appropriate
for purposes of achieving the goals of maximizing the net proceeds
of the sale, and should be approved by the Court at the Sale
Hearing in conjunction with approval of the sale.
About Freedom 26 LLC
Freedom 26, LLC in Culver City, C, filed its voluntary petition for
Chapter 11 protection (Bankr. C.D. Cal. Case No. 23-16953) on Oct.
23, 2023, listing $10 million to $50 million in assets and $1
million to $10 million in liabilities. Benham Rafalian, manager,
signed the petition.
Benham Rafalian later filed his own Chapter 11 petition (Bankr.
C.D. Cal. Case No. 23-17417) on Nov. 8, 2023.
Judge Deborah J. Saltzman oversees the cases.
Freedom 26 tapped the Law Offices of Raymond H. Aver as legal
counsel.
GABHALTAIS TEAGHLAIGH: Hires Bernkopf Goodman as Special Counsel
----------------------------------------------------------------
Gabhaltais Teaghlaigh LLC seeks approval from the U.S. Bankruptcy
Court for the District of Massachusetts to hire Bernkopf Goodman
LLP to serve as special counsel in its Chapter 11 case.
Bernkopf Goodman will provide these services:
(a) resolve competing claims and priorities affected by the
avoided foreclosure sale of the Real Property, including who holds
the Synergy Mortgage and whether any sums are due thereunder;
(b) determine any sums due under the Rockland Mortgage;
(c) address OHP's improper retention of rents from July 2022
through March 2024 and other damages Debtor has suffered relating
thereto;
(d) challenge the validity of the Gill Mortgage with respect to
the bankruptcy estate;
(e) determine the entitlement of any alleged secured creditors
to proceeds from the sale of the Real Property; and
(f) perform all other legal services and provide all other legal
advice requested by the Debtor with respect to the above matter.
Bernkopf Goodman will be paid at a reduced negotiated rate that is
10% less than their standard billing rates, with the primary work
to be completed by Attorney Jason A. Manekas at a rate of $589.50
per hour and Attorney Meredith Swisher at a rate of $513 per hour.
In addition, Bernkopf shall be paid a $10,000 retainer, subject to
Court approval.
According to court filings, Bernkopf Goodman does not represent or
hold any interest materially adverse to the estate with respect to
the Real Property or bankruptcy estate and is therefore considered
a "disinterested person" under the Bankruptcy Code.
The firm can be reached at:
Jason A. Manekas, Esq.
Bernkopf Goodman LLP
2 Seaport Lane, 9th Floor
Boston, MA 02210
Telephone: (617) 790-3000
Website: www.bg-llp.com
About Gabhaltais Teaghlaigh LLC
Gabhaltais Teaghlaigh, LLC is a real estate rental company that
immediately prior to the petition date, owned six residential or
commercial properties.
Gabhaltais Teaghlaigh sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 22-10839) on June
15, 2022. In the petition filed by Virginia Hung, as member,
Gabaltais Teaghlaigh listed under $50,000 in both assets and
liabilities.
Judge Elizabeth D. Katz oversees the case.
David G. Baker, Esq., at Baker Law Offices is the Debtor's
bankruptcy counsel.
Synergy Funding is represented by:
Alex F. Mattera, Esq.
Pierce Atwood, LLP
100 Summer Street, 22nd Floor
Boston, MA 02110
Telephone: (617) 488-8112
amattera@pierceatwood.com
GRANT ANTIQUES: Unsecureds Will Get 16% of Claims over 60 Months
----------------------------------------------------------------
Grant Antiques, Inc., filed with the U.S. Bankruptcy Court for the
Middle District of Florida a Second Amended Plan of Reorganization
dated September 2, 2025.
The Debtor was formed in 2018 and is a retail store with emphasis
on antiques and consignment sales. Prior to filing this case, the
Debtor was having difficulty paying its creditors.
One of the creditors obtained a judgment and was attempting to
garnish the Debtor's bank accounts. The Debtor needed to file
bankruptcy to manage which creditors would be paid and when they
would be paid.
The Debtor's ability to fully fund the plan and make payments is
dependent on the company's future income.
Since the filing of the case, the Debtor has been netting
approximately $9,500.00 per month. The Debtor expects to be able to
continue at least that amount each month for the duration of the
plan.
Pursuant to the projections, the Debtor's projected disposable
income for the plan is $216,000.00.
Class 4 consists of general unsecured creditors. The unsecured
claims total approximately $1,316,185. The Debtor will pay
$3,600.00 per month for 60 months to unsecured creditors. The
unsecured creditors will receive a pro-rata share. The creditors
will receive approximately 16% of their claim. This class is
impaired.
The owners of the Debtor shall retain all property of the estate.
A full-text copy of the Plan of Reorganization dated September 2,
2025 is available at https://urlcurt.com/u?l=GTR1Pc from
PacerMonitor.com at no charge.
The Debtor's Counsel:
Brian K. McMahon, Esq.
BRIAN K. MCMAHON, PA
1401 Forum Way
Suite 730
West Palm Beach, FL 33401
Tel: 561-478-2500
E-mail: briankmcmahon@gmail.com
About Grant Antiques Inc.
Grant Antiques Inc. operates as an antique mall offering a wide
range of antiques, collectibles, and vintage items. The Company is
based in Grant, Florida, with additional presence in Fort Pierce,
Florida. It is registered as a Florida corporation and serves
antique enthusiasts through its multiple dealer booths and
consignment sales.
Grant Antiques sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02931) on May 15,
2025. In its petition, the Debtor estimated assets up to $50,000
and estimated liabilities between $1 million and $10 million.
Bankruptcy Judge Grace E. Robson handles the case.
The Debtor is represented by Brian K. McMahon, Esq., at Brian K.
McMahon, PA.
HAVOC BREWING: Employs Hollingsworth Avent as Accountant
--------------------------------------------------------
Havoc Brewing Company, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of North Carolina to employ Tim
Avent, CPA, of Hollingsworth Avent Averre & Purvis, PA, to serve as
accountant in its Chapter 11 case.
The firm will provide these services:
(a) maintain financial records;
(b) prepare future annual tax returns; and
(c) perform any other accounting services for the Debtor as may
be necessary in this Chapter 11 proceeding.
Mr. Avent's representation will be on an hourly basis, with the
Debtor responsible for all reasonable and necessary costs and
expenses incurred.
According to court filings, Mr. Avent and Hollingsworth Avent
Averre & Purvis, PA, do not hold or represent any interest adverse
to the bankruptcy estate and are considered "disinterested" within
the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Tim Avent, CPA
HOLLINGSWORTH AVENT AVERRE & PURVIS, PA
300 W Millbrook Road
Raleigh, NC 27609
About Havoc Brewing Company LLC
Havoc Brewing Company, LLC is a veteran-owned craft brewery based
in Pittsboro, N.C. Founded in 2023, the company operates a
6,500-square-foot taproom that features award-winning beers, a
coffee bar, and regular community events such as trivia nights,
live music, and food trucks.
Havoc Brewing Company sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-01498)
on April 25, 2025. In its petition, the Debtor reported between $1
million and $10 million in both assets and liabilities.
Judge Pamela W. McAfee handles the case.
The Debtor is represented by:
Joseph Zachary Frost
Buckmiller & Frost, PLLC
Tel: (919) 296-5040
Email: jfrost@bbflawfirm.com
HAYDALE CERAMIC: Amends Unsecured Claims Pay Details
----------------------------------------------------
Haydale Ceramic Technologies, LLC, submitted an Amended Plan of
Liquidation dated September 2, 2025.
The Debtor was a manufacturer of various silicon carbide parts.
During the pendency of the case, the Debtor sold substantially all
its assets through a public sale that resulted in an auction that
took place on April 15, 2025 in which Greenleaf Corporation was the
winning bidder for the purchase price of $683,600.00.
This Plan deals with all property of Debtor and provides for
treatment of all Claims against Debtor and its property.
Class 1 shall consist of General Unsecured Creditors ("GUCs"). Each
holder of an Allowed Unsecured Claim shall be entitled to receive
such holder's pro rata share of the Remaining Assets (minus the
Retained Action Fund) after payment of Allowed Claims described in
Sections 6.2, 6.3, 6.5, 6.6, and 6.7 of this Plan on the date that
is 60 days after the Effective Date.
The funds will be paid out in one lump-sum distribution; however,
to the extent any funds are recovered from any Retained Actions of
the Debtor ("Retained Action Proceeds"), they will be distributed
to Class 1 claimants after an appropriate notice and hearing. The
Debtor will seek to confirm this plan under Section 1191(a) of the
Bankruptcy Code, however, if the Plan is confirmed under Section
1191(b) of the Bankruptcy Code, Class 1 shall be treated the same
as if the Plan was confirmed under Section 1191(a) of the
Bankruptcy Code.
Notwithstanding anything else in this Plan to the contrary (except
for Section 11.8), any holder of an Allowed Unsecured Claim shall
be reduced by any payment received by the creditor holding such
claim from any third party or other obligor, and the Debtor's
obligations hereunder shall be reduced accordingly. The Claims of
the Class 1 Creditors are Impaired by the Plan, and the holders of
Class 1 Claims are entitled to vote to accept or reject the Plan.
Upon confirmation, the Liquidating Debtor will be charged with
administration of the Plan. The Liquidating Debtor will be
authorized and empowered to take such actions as are required to
effectuate the Plan. The Liquidating Debtor will file all post
confirmation reports required by the United States Trustee’s
office or by the Subchapter V Trustee.
The source of funds for the payments pursuant to the Plan are the
Remaining Assets, which are comprised of the proceeds from the sale
of all Debtor’s assets to Greenleaf Corporation and the available
cash in the Debtor's DIP Account.
The Debtor has ceased operations and will cease to exist upon
confirmation of the Plan. There is no projected revenue to be
disclosed by the Debtor.
A full-text copy of the Amended Liquidating Plan dated September 2,
2025 is available at https://urlcurt.com/u?l=j3i0Cr from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Will B. Geer, Esq.
Rountree, Leitman, Klein & Geer, LLC
Century Plaza I
2987 Clairmont Road, Suite 350
Atlanta, GA 30329
Telephone: (404) 584-1238
Email: wgeer@rlkglaw.com
About Haydale Ceramic Technologies
Haydale Ceramic Technologies, LLC is a manufacturer of Silicon
Carbide (SiC) ceramic materials, boasting the largest installed
production capacity across the Americas, Europe, and the APAC
regions. Manufactured in Greer, South Carolina, the Company's
cutting tools are crafted using the highest quality SiC materials,
including particulates, fibers, and microfibers.
Haydale Ceramic Technologies filed a Chapter 11 petition (Bankr.
N.D. Ga. Case No. 25-20159) on February 7, 2025, listing between $1
million and $10 million in assets and between $10 million and $50
million in liabilities.
Judge James R. Sacca handles the case.
The Debtor is represented by William Rountree, Esq. at Rountree,
Leitman, Klein & Geer, LLC.
IASO PARENT: S&P Assigns 'B' Issuer Credit Rating, Outlook Stable
-----------------------------------------------------------------
S&P Global Ratings assigned its 'B' issuer credit rating to Iaso
Parent Inc. (doing business as Arcadia Consumer Healthcare Inc.)
and its 'B' issue-level rating to the proposed senior secured term
loan B. The recovery rating on the term loan B facility is '3',
indicating its expectation for meaningful recovery (50%-70%;
rounded estimate 60%) in the event of a payment default.
The stable outlook reflects S&P's expectation that the company will
achieve solid EBITDA and free operating cash flow (FOCF) growth
over the next 12 months and reduce its S&P Global Ratings-adjusted
leverage below 5x.
Bansk Group intends to extend the life of its investment in Iaso
Parent Inc. (doing business as Arcadia Consumer Healthcare Inc.)
and retain control of the business via a Bansk-managed single asset
continuation vehicle (CV) fund.
The transaction contemplates Bansk rolling all of their equity,
management rolling a significant portion of their transaction
proceeds, and certain investors exiting the investment. In
addition, the company intends to raise new equity capital, enter
into a new $800 million bank credit facility, and refinance
existing debt. This balance sheet leveraging transaction is
anticipated to close around December 15, 2025.
S&P's rating reflects Arcadia's small scale, narrow business focus
within the over-the-counter (OTC) consumer health care space, and
heavy reliance on a few key brands. Since its founding in 2018,
Arcadia has acquired approximately 12 brands across niche OTC
consumer health care categories including clinical haircare,
gastrointestinal health, oral care, vitamins, minerals, and
supplements (VMS), foot care, first aid, and cough and cold. While
it holds leading positions in medicated anti-dandruff shampoo
(Nizoral), stool softeners (Colace), and natural stimulant
laxatives (Senokot), its overall market share in the global OTC
healthcare sector is negligible. According to Euromonitor, most of
Arcadia's brands have non-leading positions (except for Nizoral)
within broader categories and have limited pricing power compared
with category leaders.
Its key brands--Nizoral, Colace, Senokot and CloSYS--are
significant contributors to Arcadia's profitability, consistently
growing annually in the double-digit percent area. However, Arcadia
faces intense competition from both smaller players with solid
brand loyalty as well as from large, well-capitalized companies,
such as Procter & Gamble Co., Kenvue Inc., Haleon plc, and Bayer
AG, that have superior financial resources, enabling product
development, more aggressive marketing, and premium pricing. While
Nizoral and CloSYS are premium-priced, both brands have low
awareness from consumers. Additionally, several of Arcadia's
categories are exposed to private-label competition, which may
increase during economic downturns despite the overall noncyclical
nature of the industry.
S&P said, "While we believe Arcadia's categories enjoy overall
satisfactory growth prospects considering solid and consistent
volume growth in key brands (which we attribute partially to growth
on Amazon outpacing other consumer health care peers), the lack of
product and brand diversity could damage the company's cash flows
if unanticipated developments arise--such as product safety
allegations, which can occur in the OTC health care space. While
Senokot and Colace operate in more mature, steadily growing
categories, benefiting from favorable category dynamics, Nizoral in
particular could be hindered if rivals develop competing products
because its key ingredient, ketoconazole, is not patent protected.
While it could be difficult to replicate the company's U.S. Food
and Drug Administration (FDA)-approved anti-dandruff formulation,
the prospects of realizing returns close to Arcadia's could entice
rivals to invest heavily in the space. We assume Arcadia will
continue to have ready access to ketoconazole at prices comparable
with recent history, although it is also a risk if usage of this
ingredient for other fungal infection applications becomes more
widespread, potentially driving up the cost."
The rating also reflects Arcadia's ownership by financial sponsor
Bansk Group, which will retain governance and control following the
continuation vehicle transaction. After the transaction, Arcadia's
funded debt will increase to $750 million from about $300 million.
S&P said, "As a result, we estimate its pro forma S&P Global
Ratings-adjusted leverage will be in the low-5x area, and the
company's solid profit and ability to generate cash flow should
enable steady deleveraging to the mid-4x area in 2026. Ultimately,
though, we believe Arcadia's financial policy will prevent it from
sustaining S&P Global Ratings-adjusted leverage below 5x for an
extended period of time because of the potential for debt-financed
dividends or mergers and acquisitions (M&A)."
Customer and supplier concentration are risks that could lead to
weaker performance, if unanticipated, unfavorable events occur.
Arcadia has high customer concentration, with its top two customers
contributing to about 50% of its total net sales. In our opinion,
the company is heavily reliant on the profitability of Nizoral,
Colace, Senokot, and CloSYS, making it dependent on favorable
category dynamics and brand perception. The company also has
significant supplier concentration, with its top four suppliers
supplying products that equate to over 50% of its net revenues.
Given its small size and brand concentration, the loss of a
customer or supplier, or inroads by existing rivals or new
competitors, could meaningfully depress EBITDA, cash flow, credit
metrics, and liquidity.
S&P said, "We view Arcadia's tariff exposure as minimal given that
the majority of its suppliers are U.S.-based and benefit from
pharmaceutical tariff exemptions. Even in a scenario where these
exemptions were removed, we believe the company's overall exposure
would remain limited due to its primarily domestic sourcing.
Additionally, if supplier costs rose potentially due to input cost
inflation or un-exempt tariffs, we would expect Arcadia to seek
alternative suppliers or increase prices to consumers." Both
scenarios pose risks if unsuccessful: potential volume declines and
margin compression, or supply chain disruptions, ultimately
resulting in weaker-than-expected operating performance.
Arcadia demonstrates above-average EBITDA margins and robust cash
flow generation relative to most peers, driven by its asset-light
business model and lean operating structure. The company operates a
100% outsourced business model, allowing it to maintain a variable
cost structure that limits downside even in periods of softening
demand, with very low capital expenditure (capex) requirements.
However, this model presents risks, including potential lack of
control and oversight over the supply chain, in addition to
operating challenges at suppliers that could cause disruptions.
Additionally, Arcadia experiences minimal seasonality, enabling
consistent quarterly FOCF generation. This contrasts with most
personal care and consumer health care peers that need to invest
cash or borrow under a credit facility to fund seasonal working
capital needs. These factors allow Arcadia to generate positive
quarterly FOCF, supported by low capex and modest working capital
needs. Historically, the company has used excess cash to pursue
strategic, EBITDA-accretive M&A and reduce debt.
Arcadia operates with a notably small employment base--payroll
costs less than 5% of selling, general, and administrative (SG&A)
expenses--which contributes to its low fixed labor and overhead
costs. While this lean structure supports high EBITDA margins and
enables the company to reinvest a substantial portion of profits
into marketing and advertising, it also introduces key person risk
and the potential for operational missteps.
Despite holding leading positions in a few niche categories,
overall brand awareness is low. Its flagship product, Nizoral,
competes directly with anti-dandruff shampoo and standard shampoo
category leader Head & Shoulders (Procter & Gamble) as well as
Selsun Blue (Opella Healthcare Group). While Nizoral differentiates
itself by addressing the root cause of dandruff--fungal
growth--through its unique active ingredient, ketoconazole (the
only FDA-approved shampoo with this compound), it lacks broad-based
consumer awareness. However, household penetration is high for Head
& Shoulders as it benefits from significantly greater scale, shelf
presence, and marketing strength. S&P believes most consumers with
dandruff turn to Head & Shoulders and only discover Nizoral through
research or word of mouth given Arcadia's small scale.
S&P said, "Moreover, we believe competitive pressure from
prescription (Rx) alternatives is low because these products
typically contain higher concentrations of ketoconazole rather than
a different active ingredient that would directly compete with
Nizoral. As such, Rx products are not positioned as substitutes but
rather as escalated treatments.
"We believe management will continue to focus on growing Nizoral,
including via search engine optimization (SEO), targeted social
media advertising, and influencer-driven campaigns. While these
efforts are aligned with improving brand awareness, they carry
inherent risks. In personal care and consumer health care, brand
perception among younger demographics--especially Gen Z--is
increasingly shaped by word-of-mouth and social media endorsements.
If sentiment were to shift negatively, the impact could be swift
and damaging to brand equity, which is already low compared with
competitors.
"We continue to forecast solid revenue growth, although we expect
growth will moderate overtime absent additional M&A. Market share
gains are likely to decelerate over time as displacing entrenched
brands like Head & Shoulders in anti-dandruff or MiraLAX in
laxatives, for example, will require sustained and greater brand
investment. While we expect marketing and advertising investment to
increase, we do not anticipate Arcadia will reinvest a significant
portion of revenue gains--resulting in SG&A remaining flat or
declining as a percentage of revenue. Furthermore, we view
Arcadia's innovation pipeline as relatively narrow, with efforts
focused on refreshed packaging and new product formats. While these
changes may help reinforce existing customer loyalty, they are
unlikely to drive meaningful new customer acquisition or
significantly shift market dynamics.
"We anticipate M&A will remain central to Arcadia's strategy,
targeting EBITDA-accretive acquisitions in OTC consumer health
care. While not in our base-case forecast, we expect M&A would
occur over the next few years and could be financed with a mix of
cash and debt or equity from the sponsor. However, the company has
a track record of making accretive acquisitions and reducing
leverage through organic growth and debt repayment thereafter.
Ultimately, we expect it will reduce leverage over the next 12
months through organic EBITDA growth but forecast leverage will
fluctuate near 5x over the next few years as Arcadia pursues M&A.
"While there is no history of sponsor distributions, and Bansk will
not take a cash distribution as part of this transaction, we cannot
rule out the possibility of future dividends. We believe Bansk
pursued this transaction to extend its hold period and potentially
enhance returns over the medium term, leveraging Arcadia's
double-digit organic net revenue growth since its acquisition in
2021. However, with a likely exit horizon in about three to five
years, the probability of near-term distributions has increased as
the sponsor positions itself to monetize the asset. This dynamic
reinforces our view of an aggressive financial policy, contributing
to a highly leveraged financial risk profile assessment despite
solid cash flow generation and our base-case forecast for
deleveraging below 5x.
"The stable outlook reflects our expectation that the company will
achieve solid EBITDA and FOCF growth over the next 12 months and
reduce its S&P Global Ratings-adjusted leverage below 5x."
S&P could lower the rating if Arcadia sustains leverage above 6.5x
or its view of the business risk weakens, which could occur if:
-- Competition in the anti-dandruff category intensifies, either
from existing players or new entrants, or negative media attention
or unfavorable customer reviews emerge;
-- Profitability declines due to lower overall demand for its
products, the loss of a major customer, rising private-label
competition, or supplier disruptions;
-- Operating costs increase as a result of workforce expansion,
increased marketing and advertising needs to drive growth, or other
initiatives; or
-- The company transacts large, debt-financed acquisitions or
dividends.
While unlikely, S&P could raise the rating over the next 12 months
if Arcadia demonstrates a commitment to a financial policy
consistent with maintaining S&P Global Ratings-adjusted leverage
below 5x. This would include no debt-financed M&A or shareholder
distributions.
IN HOME: To Sale East Dundee Property to Ellen R. Heffron
---------------------------------------------------------
In Home Personal Services Inc. seeks permission from the U.S.
Bankruptcy Court for the Northern District of Illinois, Eastern
Division, to sell Property, free and clear of liens, claims,
interests, and encumbrances.
The Debtor's Property is located at 605 Barrington Ave, Unit 226,
East Dundee, Illinois.
On September 19, 2025, the Debtor accepts the offer to sell the
Property to Ellen R. Heffron, a disinterested third-party
purchaser, with the purchase price of $75,000.
The purchaser has conditioned the contract to close on or before
September 19, 2025.
The Property has no current liens and all closing cost will be paid
in full from the proceeds of the sale and the sale is for cash.
The Debtor estimates that after expenses and HOA costs and credits,
the estate of the Debtor will add approximately 50,000 to 53,000 to
the Debtor's estate.
About In Home Personal Services
In Home Personal Services Inc. operates a health care business in
Carpentersville, Ill.
In Home Personal Services sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No.
24-08842) on June 15, 2024, with total assets of $744,226 and
total
liabilities of $3,509,818. Michael Collura, president of In Home
Personal Services, signed the petition.
Judge Jacqueline P. Cox oversees the case.
The Debtor tapped James A. Young, Esq., at James Young Law as
bankruptcy counsel and Lois West, CPA, at KRD Accountants Ltd. as
accountant.
IOVATE HEALTH: Chapter 15 Case Summary
--------------------------------------
Three affiliates that concurrently filed voluntary petitions for
relief under Chapter 15 of the Bankruptcy Code:
Debtor Case No.
------ --------
Iovate Health Sciences International Inc. 25-11958
381 North Service Road West
Canada Oakville, ON, Canada L6M 0H4
Iovate Health Sciences U.S.A. Inc. 25-11959
Northern Innovations Holding Corp. 25-11960
Business Description: Iovate Health Sciences International
Inc. is a Canadian nutrition company
headquartered in Oakville, Ontario,
that develops and markets active
nutrition and weight management
products. Founded in 1995, the Company
offers brands such as MuscleTech, Six
Star, Purely Inspired, and Hydroxycut,
distributing them through retail,
health food, and online channels. Its
products are sold in more than 140
countries worldwide.
Chapter 15 Petition Date: September 9, 2025
Court: United States Bankruptcy Court
Southern District of New York
Judge: Hon. Martin Glenn
Foreign Representative: Iovate Health Sciences International
Inc.
381 North Service Road West
Oakville, ON, Canada L6M 0H4
Signatory: Wesley Parris
Chief Executive Officer
Foreign Proceeding: Ontario Superior Court of Justice
(Commercial List), Court File No. 31-
3268936
Foreign
Representative's
Counsel: Steven W. Golden, Esq.
Jeffrey M. Dine, Esq.
Mary F. Caloway, Esq.
Victoria A. Newmark, Esq.
PACHULSKI STANG ZIEHL & JONES LLP
1700 Broadway
36th Floor
New York, NY 10019
Tel: 212-561-7715
Fax: 212-561-7777
Email: sgolden@pszjlaw.com
Estimated Assets: Unknown
Estimated Debt: Unknown
Full-text copies of the Chapter 15 petitions are available for free
on PacerMonitor at:
https://www.pacermonitor.com/view/6L5B3EA/Iovate_Health_Sciences_International__nysbke-25-11958__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/KDCBSWQ/Iovate_Health_Sciences_USA_Inc__nysbke-25-11959__0001.0.pdf?mcid=tGE4TAMA
IRON HORSE: Hires Okin Adams Bartlett Curry LLP as Legal Counsel
----------------------------------------------------------------
Iron Horse Chemicals LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas to hire Okin Adams
Bartlett Curry LLP to serve as legal counsel in its Chapter 11
case.
Okin Adams will provide these services:
(a) advise the Debtor with respect to its rights, duties and
powers in the Chapter 11 Case;
(b) assist and advise the Debtor in their consultations relative
to the administration of the Chapter 11 Case;
(c) assist the Debtor in analyzing the claims of their creditors
and in negotiating with such creditors;
(d) assist the Debtor in the analysis of and negotiations with
any third-party concerning matters relating to, among other things,
the terms of a plan of reorganization or sale of substantially all
of the Debtor's assets;
(e) represent the Debtor at all hearings and other proceedings;
(f) review and analyze all applications, orders, statements of
operations and schedules filed with the Court and advise the Debtor
as to its propriety;
(g) assist the Debtor in preparing pleadings and applications as
may be necessary in furtherance of the Debtor's interests and
objectives; and
(h) perform such other legal services as may be required and are
deemed to be in the interests of the Debtor in accordance with the
Debtor's powers and duties as set forth in the Bankruptcy Code.
The firm received an initial retainer of $50,000 on July 11, 2025,
and an additional $50,000 on August 9, 2025. In total, Okin Adams
was paid $95,278.51 for fees and expenses prior to the Petition
Date and is holding $4,721.49 as a remaining retainer in the client
trust account.
Okin Adams Bartlett Curry LLP is a "disinterested person" within
the meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Christopher Adams, Esq.
John Thomas Oldham, Esq.
Edward A. Clarkson, Esq.
Kelley K. Edwards, Esq.
OKIN ADAMS BARTLETT CURRY LLP
1113 Vine St., Suite 240
Houston, TX 77002
Telephone: (713) 228-4100
Facsimile: (346) 247-7158
E-mail: cadams@okinadams.com
joldham@okinadams.com
eclarkson@okinadams.com
kedwards@okinadams.com
About Iron Horse Chemicals LLC
Iron Horse Chemicals, LLC manufactures and supplies industrial and
specialty chemicals primarily for the oil and gas industry,
offering products such as corrosion inhibitors, scale inhibitors,
demulsifiers, surfactants, and enhanced oil recovery agents.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90304) on August 12,
2025. In the petition signed by Darryl Wiebe, chief executive
officer, the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Alfredo R. Perez oversees the case.
Christopher Adams, Esq., at OKIN ADAMS BARTLETT CURRY LLP,
represents the Debtor as legal counsel.
J PAUL ROOFING: Seeks to Hire Robert Lane as Legal Counsel
----------------------------------------------------------
J Paul Roofing & Construction Inc seeks approval from the U.S.
Bankruptcy Court for the Northern District of Texas to hire Robert
C. Lane of The Lane Law Firm, PLLC to serve as its legal counsel.
The firm will provide these services:
(a) assist, advise and represent the Debtor relative to the
administration of the Chapter 11 case;
(b) assist, advise and represent the Debtor in analyzing the
Debtor's assets and liabilities, investigating the extent and
validity of lien and claims, and participating in and reviewing any
proposed asset sales or dispositions;
(c) attend meetings and negotiate with the representatives of
the secured creditors;
(d) assist the Debtor in the preparation, analysis and
negotiation of any plan of reorganization and disclosure statement
accompanying any plan of reorganization;
(e) take all necessary action to protect and preserve the
interests of the Debtor;
(f) appear, as appropriate, before this Court, the Appellate
Courts, and other Courts in which matters may be heard and to
protect the interests of Debtor before said Courts and the United
States Trustee; and
(g) perform all other necessary legal services in these cases.
The firm will receive $650 per hour. Other attorneys at the firm
will bill $625 per hour for Managing Associate Joshua Gordon, $575
per hour for Zach Casas, $450 per hour for Kyle Garza, and $250 per
hour for bankruptcy paralegals/legal assistants.
The Lane Law Firm, PLLC received a $65,000 retainer, of which
$13,803.50 in attorney's fees and $3,302.20 in expenses were
applied prepetition, leaving a balance of $17,894.30 in trust.
The Lane Law Firm, PLLC is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Robert C. Lane, Esq.
THE LANE LAW FIRM, PLLC
6200 Savoy, Suite 1150
Houston, TX 77036
Telephone: (713) 595-8200
Facsimile: (713) 595-8201
E-mail: notifications@lanelaw.com
About J Paul Roofing & Construction Inc.
J Paul Roofing & Construction Inc. operates a roofing and exteriors
business.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-33290-mvl11) on
August 28, 2025. In the petition signed by Jason Paul, president,
the Debtor disclosed up to $500,000 in assets and up to $1 million
in liabilities.
Judge MIchelle V. Larson oversees the case.
Robert C. Lane, Esq., at The Lane Law Firm, represents the Debtor
as bankruptcy counsel.
JACKSON HOSPITAL: Lender Says Contractor's Attys Use AI in Cases
----------------------------------------------------------------
Randi Love of Bloomberg Law reports that the lender for a bankrupt
Alabama hospital is seeking sanctions against lawyers for its
contractor, Progressive Perfusion Inc., accusing them of inserting
fabricated case law into court documents. The lender said the flaws
may have been generated by artificial intelligence, according to
the report.
Last August 2025, the US Bankruptcy Court for the Middle District
of Alabama found that Progressive Perfusion's July 2025 motion to
revisit two orders denying reimbursement and vendor status
contained "pervasive inaccurate, misleading, and fabricated
citations, quotations, and representations of legal authority."
About Jackson Hospital & Clinic Inc.
Jackson Hospital & Clinic, Inc. is a non-membership, non-profit
corporation based in Alabama. JHC is the direct or indirect parent
company of JHC Pharmacy, LLC, an Alabama limited liability company
that provides pharmacy services to JHC patients. JHC owns 100% of
JHC Pharmacy. Additionally, JHC is a direct or indirect parent
company of certain other entities that have not filed for
bankruptcy.
JHC operates a 344-bed healthcare facility in Montgomery, Ala.,
with a rich history dating back to 1894. Since its official opening
in 1946, JHC has grown into one of the largest hospitals in
Alabama, offering specialized services in cardiac care, cancer
treatment, neurosciences, orthopedics, women's care, and emergency
services. JHC's service area includes 16 counties across central
Alabama.
JHC and JHC Pharmacy filed Chapter 11 petitions (Bankr. M.D. Ala.
Lead Case No. 25-30256) on February 4, 2025. In its petition, JHC
reported between $100 million and $500 million in both assets and
liabilities.
Judge Christopher L. Hawkins handles the cases.
The Debtors are represented by Derek F. Meek, Esq. at Burr &
Forman, LLP.
Suzanne Koenig serves as patient care ombudsman.
JILL'S OFFICE: Seeks Cash Collateral Access Until Dec. 31
---------------------------------------------------------
Jill's Office, LLC asks the U.S. Bankruptcy Court for the District
of Utah for authority to use cash collateral through December 31 or
until the effective date of a confirmed reorganization plan.
This request follows prior approvals granted in April and July and
proposes to maintain the same terms, with modifications outlined in
the Debtor's budget. The Debtor, which provides virtual
receptionist services across the U.S. and Canada, aims to use its
cash to cover essential operating expenses.
The Debtor proposes a 15% flexibility allowance in individual
budget categories, provided that monthly margins are not negatively
impacted.
To protect secured creditors, primarily the U.S. Small Business
Administration, which holds a senior lien on all assets, the Debtor
will grant replacement liens on post-petition cash and receivables.
The SBA is owed approximately $530,000 and has informally agreed to
the continued use of cash collateral, subject to receiving reduced
monthly adequate protection payments of $3,000 (down from $9,000).
Other creditors, including several merchant cash advance lenders,
are believed to have junior or unsecured claims, with no equity in
the Debtor's assets.
The Debtor generates around $480,000 in monthly receivables,
although this typically dips during the winter months. It owns
about $100,000 in equipment, $300,000 in regenerating accounts
receivable, and approximately $200,000 in intangible assets, such
as intellectual property and a customer list. The Debtor does not
own any real property.
Stripe, the Debtor's credit card processor, has been paid in full
and may have previously held a superior lien by virtue of
possession of receivables.
About Jill's Office LLC
Jill's Office LLC provides professional, US-based 24/7 virtual
receptionist and scheduling services designed to support businesses
across various industries. The Company offers a range of
services, including inbound call answering, appointment scheduling,
live chat support for websites, and automated lead follow-ups Lead
Zap). Jill's Office specializes in delivering tailored, seamless
communication solutions that enhance customer engagement while
eliminating the need for businesses to hire in-house staff. The
Company serves industries such as home services, real estate,
health and wellness, finance, legal, and small businesses. Its
mission is to ensure that businesses never miss calls or
opportunities, offering reliable customer service around the
clock.
Jill's Office sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Utah Case No. 25-21625) on March 27, 2025. In its
petition, the Debtor estimated assets between $100,000 and $500,000
and estimated liabilities between $1 million and $10 million.
Judge Peggy Hunt handles the case.
The Debtor is represented by T. Edward Cundick, Esq. at Workman
Nydegger.
KARBONX CORP: Delays 10-K Filing for FY Ended May 31
----------------------------------------------------
Karbon-X Corp. filed a Notification of Late Filing on Form 12b-25
with the U.S. Securities and Exchange Commission, informing that it
has experienced delays in completing its financial statements for
the fiscal year ended May 31, 2025.
As a result, the Company is delayed in filing its Form 10-K for the
fiscal year then ended.
About Karbon-X
Calgary, Canada-based Karbon-X Corp. provides customized
transactional options, tailored insights, and scalable access to
the Verified Emissions Reduction markets.
Spokane, Wash.-based Fruci & Associates II, PLLC, the Company's
auditor since 2022, issued a "going concern" qualification in its
report dated September 13, 2024, citing that the Company has
generated minimal revenues from its business operations and has
incurred operating losses since inception. These factors, among
others, raise substantial doubt about the Company's ability to
continue as a going concern.
As of Dec. 31, 2024, the Company had $7.31 million in total assets,
$6.24 million in total liabilities, and $1.06 million in total
stockholders' equity.
KEESTONE PROPERTIES OF TN: Case Summary & 4 Unsecured Creditors
---------------------------------------------------------------
Debtor: Keestone Properties of TN, LLC
150 Clubhouse Drive
Loretto, TN 38469
Case No.: 25-03769
Chapter 11 Petition Date: September 8, 2025
Court: United States Bankruptcy Court
Middle District of Tennessee
Judge: Hon. Charles M Walker
Debtor's Counsel: Denis Graham "Gray" Waldron, Esq.
DUNHAM HILDEBRAND PAYNE WALDRON, PLLC
9020 Overlook Blvd., Suite 316
Brentwood, TN 37027
Tel: 629-777-6519
Fax: 615 777 3765
Email: gray@dhnashville.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by William Keelon, Jr. as member.
A full-text copy of the petition, which includes a list of the
Debtor's four unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/S7VUSGY/Keestone_Properties_of_TN_LLC__tnmbke-25-03769__0001.0.pdf?mcid=tGE4TAMA
KEESTONE PROPERTIES: Case Summary & Five Unsecured Creditors
------------------------------------------------------------
Debtor: Keestone Properties of Pulaski, LLC
322 E. Washington Street
Pulaski, TN 38478
Chapter 11 Petition Date: September 8, 2025
Court: United States Bankruptcy Court
Middle District of Tennessee
Case No.: 25-03770
Judge: Hon. Charles M Walker
Debtor's Counsel: Denis Graham "Gray" Waldron, Esq.
DUNHAM HILDEBRAND PAYNE WALDRON, PLLC
9020 Overlook Blvd., Suite 316
Brentwood, TN 37027
Tel: 629-777-6519
Fax: 615 777 3765
E-mail: gray@dhnashville.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by William Keelon, Jr. as member.
A full-text copy of the petition, which includes a list of the
Debtor's five unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/XW4JK6Y/Keestone_Properties_of_Pulaski__tnmbke-25-03770__0001.0.pdf?mcid=tGE4TAMA
KYI ENTERPRISES: Case Summary & 15 Unsecured Creditors
------------------------------------------------------
Debtor: KYI Enterprises, Inc.
6427 W Dempster St.
Morton Grove, IL 60053
Chapter 11 Petition Date: September 8, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-13842
Judge: Hon. Michael B Slade
Debtor's Counsel: David Freydin, Esq.
LAW OFFICES OF DAVID FREYDIN
8707 Skokie Blvd
Suite 305
Skokie, IL 60077
Tel: 888-536-6607
Fax: 866-575-3765
Email: david.freydin@freydinlaw.com
Total Assets: $1,912,000
Total Liabilities: $3,661,522
The petition was signed by Mobeen Ashiq as president.
A full-text copy of the petition, which includes a list of the
Debtor's 15 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/LQPHTMY/KYI_Enterprises_Inc__ilnbke-25-13842__0001.0.pdf?mcid=tGE4TAMA
LAREDO OIL: Delays 10-K Filing for FY Ended May 31
--------------------------------------------------
Laredo Oil, Inc. filed a Notification of Late Filing on Form 12b-25
with the U.S. Securities and Exchange Commission, informing that
the compilation, dissemination and review of the information
required to be presented in the Annual Report on Form 10-K for the
Period Ended May 31, 2025 has imposed time constraints that have
rendered timely filing of the Annual Report on Form 10-K
impracticable without undue hardship and expense to the registrant.
The Company undertakes the responsibility to file such Annual
Report on Form 10-K no later than 15 calendar days after its
prescribed due date.
About Laredo Oil Inc.
Austin, Texas-based Laredo Oil, Inc. is an oil exploration and
production company that focuses on acquiring and exploring mineral
properties to identify and develop oil reserves. Since 2009, it
has specialized in acquiring mature oil fields and recovering
stranded oil reserves through enhanced oil recovery techniques.
From 2011 to 2020, the company provided management services to
Stranded Oil Resources Corporation, overseeing the acquisition and
operation of mature oil fields in exchange for management fees and
reimbursements.
The Woodlands, Texas-based M&K CPAS, PLLC, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated Sept. 30, 2024, citing that the Company has yet to achieve
profitable operations, has negative cash flows from operating
activities, and is dependent upon future issuances of equity or
other financings to fund ongoing operations, all of which raises
substantial doubt about its ability to continue as a going
concern.
As of February 28, 2025, the Company had $5.47 million in total
assets, $17.35 million in total liabilities, and $11.88 million in
total stockholders' deficit.
LEARFIELD COMMUNICATIONS: S&P Upgrades ICR to 'B', Outlook Stable
-----------------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on Learfield
Communications LLC to 'B' from 'B-'.
S&P said, "We also raised our issue-level rating on the company's
senior secured debt to 'B+' from 'B'. Our recovery rating on this
debt remains '2'.
"The stable outlook reflects our expectation for FOCF to debt to
increase above 5%, and that gross leverage will improve to below 4x
(both before lease and minimum guaranteed payment adjustments)
given our expected 5%-7% growth in Learfield's multimedia rights
(MMR) revenue over the next 12 months.
"We expect FOCF to debt will improve to above 5% over the next 12
months. We expect Learfield will end its fiscal 2025 (June 30,
2025) with FOCF to debt coverage of about 4%, and leverage of 4.3x
(both before lease and minimum guaranteed payment adjustments).
However, we expect FOCF to debt will further improve to 6% and
leverage to about 3.8x by the end of its fiscal 2026, surpassing
the thresholds for the 'B-' rating. Learfield has undergone a
multiyear transformation including internal investments in
operational improvements, workforce reductions, exiting
unprofitable contracts with underperforming schools and reducing
its debt burden via a restructuring in 2023. As such, reported FOCF
generation has substantially improved, and we now expect FOCF of
$20 million-$30 million in 2025, increasing to $30 million-$40
million in 2026, compared to negative FOCF the past few years. We
note the company does have large calls on its cash at the end of
its fourth quarter and the beginning of the first quarter when it
pays out its MMR fees. Learfield collects most of its cash in its
second and third quarters. As such, there can be year-end
fluctuations in FOCF depending on timing of cash collection and
payments, but overall, we expect the company's FOCF will continue
to improve as its EBITDA grows.
"Learfield has a strong market position in the monetization of
college sports multimedia rights. We expect the company's MMR
revenue will grow by about 5%-7% over the next two years given
Learfield's strong market penetration and large 17,000 plus diverse
network of advertisers and sponsors as well as longstanding
advertising partnerships amongst some of the largest and most
popular colleges and universities. We believe this positions the
company strongly to attract new business and implement price
increases as interest and attendance in collegiate sporting events
continues to grow. However, we expect the company's minimum
guarantee payments and revenue share payments with its school
partners will grow at a similar rate because these contracts
typically include built-in price escalators, which could slightly
offset benefits from price increases and new business wins.
Although, we believe the company has gained operating leverage with
the exiting of multiple unprofitable contracts last year, such that
we expect MMR revenue growth will outpace expense growth by about
0.5%-1% over the next 12 months.
"In our view, the company has additional growth opportunities in
its digital solutions and brand management business because it
continues to offer additional tools and services to its school
partners. For example, we expect revenue in its brand management
business will increase by about 30% in 2025 due to Learfield's
partnership with EA Sports on its College Football 25 video game,
in which Learfield helped promote and secure name, image, and
likeness (NIL) for student athletes and teams included in the game.
Although we view the large step-up as a one-time benefit, we expect
the company will receive future royalty payments and can look to
other potential NIL deals as an avenue for growth.
"Learfield's advertising revenue remains exposed to macroeconomic
risk. Despite the positive operating momentum, Learfield's
performance remains strongest in periods with favorable economic
conditions and growth because its advertising revenues depend on
corporate advertising, marketing expenditures, and consumer
discretionary spending. Its advertising also heavily skews local
rather than national. Local advertising tends to perform stronger
in periods of economic stress. However, the potential for
macroeconomic turbulence could still affect the company, and given
the majority of its expense base (MMR fees) are mostly fixed in
nature, any large swings in revenue due to macroeconomic issues
could have a material effect on EBITDA and cash flow.
"The stable outlook reflects our expectation for FOCF to debt to
increase above 5%, and that gross leverage will improve to below 4x
(both before lease and minimum guaranteed payment adjustments)
given our expected 5%-7% growth in Learfield's multimedia rights
(MMR) revenue over the next 12 months."
S&P could lower its rating on Learfield if it expects its FOCF to
debt coverage will be sustained below 5% or gross leverage (both
before lease and minimum guaranteed payment adjustments) increases
to 6x. This could occur if:
-- Macroeconomic or competitive pressures lead to the company's
advertising revenue growth not keeping pace with growth in its
minimum guaranteed payments; which ultimately pressures margins and
causes EBITDA and cash flow to deteriorate; or
-- The company's financial sponsor owners take on a more
aggressive financial policy, engaging in debt-funded shareholder
returns.
S&P could raise its rating on Learfield over the next 12 months
if:
-- It is able to improve to and maintain FOCF to debt coverage of
at least 10%;
-- Its leverage remains comfortably below 5x; and
-- S&P believes the company's financial sponsor owners are
committed to maintaining leverage at these levels.
LENGENCE HOLDINGS: S&P Places 'B-' ICR on CreditWatch Positive
--------------------------------------------------------------
S&P Global Ratings placed its ratings on Legence Holdings LLC,
including its 'B-' issuer credit rating, on CreditWatch with
positive implications.
S&P said, "We expect to resolve the CreditWatch placement after the
company reduces its debt balance. We will also review our
expectations for the company's business performance and assess its
financial policy as a public company."
Legence Holdings LLC launched its IPO of 26 million shares on Sept.
2, 2025. The company intends to use the expected net proceeds of
$600 million-$700 million (depending on pricing) to repay a portion
of the outstanding borrowing and for general corporate purposes.
If the company uses most of the proceeds for debt repayment, S&P
forecasts its pro forma S&P Global Ratings-adjusted leverage will
decline to the 5x area or lower in 2025.
S&P said, "The CreditWatch placement reflects our expectation that
the IPO and subsequent debt repayment could result in Legence
sustaining its S&P Global Ratings-adjusted leverage well below our
6.5x upgrade trigger for the rating. The company expects net
proceeds of $600 million-$700 million. If used for debt repayment,
it would lower our forecasted 2025 leverage to around 5x or lower
compared to our prior forecast of 6.8x.
"The company will remain controlled by a private equity sponsor,
which could constrain our view of its financial policy and overall
ratings. After the completion of the offering, a group of
investment funds managed by Blackstone Inc. will remain as
Legence's controlling shareholder and hold 74% of the voting power
in the company. While the planned debt reduction likely signals
that Legence will adopt a more conservative fiscal policy following
the IPO, the company has historically had an aggressive financial
policy, including debt-funded acquisitions and distributions.
"We expect to resolve the CreditWatch placement after the equity
offering is complete and the company repays a portion of its debt,
at which time we will reassess its long-term financial policy. We
will also reassess our recovery ratings on the company's debt at
that time."
LEONARD 17: Seeks Chapter 7 Bankruptcy in New York
--------------------------------------------------
Leonard 17 Corp. has entered Chapter 7 bankruptcy, filing
voluntarily in the Eastern District of New York on September 7,
2025. Court documents show the company's liabilities valued in the
$100,001–$1 million range, with the number of creditors reported
at 1 to 49.
About Leonard 17 Corp.
Leonard 17 Corp. is a single asset real estate company.
Leonard 17 Corp. sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-44281) on September 7,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100,001 and $1 million each.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor is represented by Chuka Steve Okenwa, Esq.
LION CONSTRUCTION: Seeks Chapter 7 Bankruptcy in Pennsylvania
-------------------------------------------------------------
Lion Construction LLC filed a Chapter 7 bankruptcy in the Eastern
District of Pennsylvania bankruptcy court on September 08, 2025.
The bankruptcy petition showed liabilities in the range of
$0-$100,000. LION CONSTRUCTION, LLC reports that the number of
creditors is in the range of 1-49.
About Lion Construction LLC
Lion Construction LLC offers general contracting services that
cover remodeling, renovations, and ground-up construction for
residential and commercial customers in the New York market.
Lion Construction LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-13598) on September
1, 2025. In its petition, the Debtor reports estimated assets and
liabilities up to $100,000 each.
Honorable Bankruptcy Judge Ashely M. Chan handles the case.
The Debtor is represented by Thomas Daniel Bielli of Bielli &
Klauder, LLC.
M & M FARMS: Seeks Chapter 11 Bankruptcy in Pennsylvania
--------------------------------------------------------
On September 8, 2025, M & M Farms 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 M & M Farms Inc.
M&M Farms Inc. is a family-owned business that focuses on growing
and supplying a diverse range of premium fresh fruits, vegetables,
and spices. The company caters to wholesale distributors,
foodservice providers, and processing clients across the Los
Angeles metro area, offering products such as avocados, beans,
cucumbers, hot peppers, leafy greens, squash, tomatoes, and a
variety of tropical and citrus fruits.
M & M Farms Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Pa.Case No. 25-22397) on September 8,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between
$100,000 and $500,000.
The Debtor is represented by Dennis J. Spyra, Esq.
MACHINE TOOL: Court OKs Terre Haute Property Sale to Curtis Gray II
-------------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Indiana,
Terre Hauti Division, has granted Machine Tool Service Inc. to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
A description of the Properties to be solid can be found at:
https://urlcurt.com/u?l=s35FeL
The Court has authorized the Debtor to sell the Property to Curtis
J. Grayless II via private sale, with the sale price of $420,000.
The Property will be sold free and clear of liens or other
interests and any such lienholders will be paid in full at closing.
The lienholders or interest holders are Forrest Perry, Vigo County
Treasurer, Internal Revenue Service, and Indiana Department of
Revenue.
The Court held that nothing in the Order, the Purchase Agreement,
or the Motion releases, nullifies, precludes, or enjoins the
enforcement of any police or regulatory liability to a governmental
unit that any entity would be subject to as the post-sale owner or
operator of property after the date of entry of the Order.
About Machine Tool Service Inc.
Machine Tool Service, Inc. filed Chapter 11 petition (Bankr. S.D.
Ind. Case No. 23-80337) on Aug. 24, 2023, with $500,001 to $1
million in both assets and liabilities.
Judge Jeffrey J. Graham oversees the case.
Richard W. Lorenz, Esq., at Hickam & Lorenz, P.C. represents the
Debtor as legal counsel.
MARK L. OBMAN DDS: Section 341(a) Meeting of Creditors on Oct. 2
----------------------------------------------------------------
On September 8, 2025, Mark L. Obman, D.D.S. P.A. filed Chapter 11
protection in the Middle District of Florida. According to court
filing, the Debtor reports $1,740,074 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 October
2, 2025 at 2:00 p.m. telephonically via US Trustee - Tampa/Ft.
Myers. Filed by U.S. Trustee United States Trustee - TPA.
About Mark L. Obman, D.D.S. P.A.
Mark L. Obman, D.D.S. P.A. provides general, restorative, cosmetic,
and implant dentistry services from its office at 2708 Park Drive
in Clearwater, Florida, serving patients in the Tampa Bay area. The
practice specializes in full-mouth reconstruction, TMJ treatment,
sedation dentistry, and periodontal therapy, and it integrates
advanced dental technologies including laser dentistry and digital
imaging. Dr. Mark L. Obman, a Creighton University School of
Dentistry graduate and former Army Dental Corps officer, leads the
practice.
Mark L. Obman, D.D.S. P.A. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-06496) on
September 8, 2025. In its petition, the Debtor reports total assets
of $190,528 and total liabilities of $1,740,074.
The Debtor is represented by Buddy D. Ford, Esq. and Jonathan A
Semach, Esq. at FORD & SEMACH, P.A.
MARQUIE GROUP: Delays 10-K Filing for FY Ended May 31
-----------------------------------------------------
The Marquie Group, Inc. filed a Notification of Late Filing on Form
12b-25 with the U.S. Securities and Exchange Commission, informing
that financial information to be contained in registrant's 10-K for
the year ended May 31, 2025 cannot be analyzed and completed on a
timely basis.
About Marquie Group Inc.
The Marquie Group, Inc. -- www.themarquiegroup.com -- is an
emerging direct-to-consumer firm specializing in marketing, product
development, and media, with a focus on a dynamic radio and digital
network. The Company crafts and promotes top-tier health and
beauty solutions that enrich lives, showcased through engaging
radio content for its audience.
Lagos, Nigeria-based Olayinka Oyebola & Co., the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated Sept. 3, 2024. The report highlights that at May 31, 2024,
the Company suffered an accumulated deficit of $14,863,486 and net
a loss of $165,456. These factors raise substantial doubt
regarding the Company's ability to continue as a going concern.
MARYLAND ECONOMIC: S&P Affirms 'BB' Rating on 2013 Revenue Bonds
----------------------------------------------------------------
S&P Global Ratings affirmed its 'BB' rating on Maryland Economic
Development Corp.'s (MEDCO) series 2013 housing revenue refunding
bonds, issued for the Edgewood Commons housing project on Frostburg
State University's (FSU) campus.
The outlook is stable.
S&P said, "We have analyzed the project's environmental, social,
and governance (ESG) factors related to its market position and
financial performance; we view these factors as neutral in our
credit rating analysis.
"The stable outlook reflects S&P Global Ratings' expectation that
occupancy will likely remain stable in the near term due to the
current stabilization of FSU's enrollment and the continued closure
of Brownsville Hall until at least fall 2026. We therefore expect
rental revenue will remain generally stable and DSC will likely
remain above the 1.2x covenant while MEDCO maintains expense
reductions.
"We could revise the outlook to negative or lower the rating if
project occupancy were to decrease, if DSC were to deteriorate
materially below 1.2x, or if the project were to require the use of
the DSRF to make debt service payments.
"We could revise the outlook to positive or raise the rating if the
project were to sustain improved occupancy following the reopening
of Brownsville Hall, if it were to maintain DSC above 1.2x, and if
it were to increase the funding of the capital and furnishings fund
to support lower-priority deferred maintenance. Furthermore, we
would view sustained enrollment increases at FSU and long-term
reductions in competitive housing options positively."
MATADOOR RESTAURANT: Hires FranBizNetwork as Franchise Broker
-------------------------------------------------------------
Matadoor Restaurant Group LLC seeks approval from the U.S.
Bankruptcy Court for the District of South Carolina to hire Emily
Burns of FranBizNetwork to serve as franchise broker in its Chapter
11 case.
The firm will provide these services:
(a) advertising the portfolio for sale;
(b) finding buyers;
(c) obtaining contracts;
(d) working with buyers through the due diligence process;
(e) helping source financing and getting approved;
(f) handling the lease assignments; and
(g) consulting with the Debtor for the Auction, if any.
Ms. Burns and FranBizNetwork will receive a commission of 5% of the
purchase price, or $15,000 per operating franchise unit, whichever
is greater.
The commission will be deducted from the gross purchase price at
closing and remains subject to review under 11 U.S.C. Sec. 330.
Emily Burns and FranBizNetwork are "disinterested persons" within
the meaning of Sections 101 and 327 of the Bankruptcy Code,
according to court filings.
The firm can be reached at:
Emily Burns
FranBizNetwork
14353 New Jersey Avenue
San Jose, CA 95124
Telephone: (727) 207-0679
About Matadoor Restaurant Group LLC
Matadoor Restaurant Group LLC, d/b/a Del Taco, operates and manages
franchised and proprietary restaurant concepts in the United
States. The Company serves as a franchisee of Del Taco and operates
The Matador, a full-service Mexican restaurant in Greenville, South
Carolina. It functions under Red Door Brands, LLC, which oversees a
portfolio of foodservice operations including additional national
quick-service brands.
Matadoor Restaurant Group sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.S.C. Lead Case No. 25-02698) on July
15, 2025. In its petition, the Debtor reported estimated assets and
liabilities between $1 million and $10 million.
The Debtor tapped Christine E. Brimm, Esq., at Barton Brimm, PA as
counsel and Jennifer Macharacek at EPC Inc. as accountant.
MAYFIELD MEDICAL: Seeks to Use Cash Collateral
----------------------------------------------
Mayfield Medical Services, Inc. asks the U.S. Bankruptcy Court for
the Southern District of Illinois for authority to use cash
collateral and provide adequate protection.
The Debtor states that access to the cash collateral is essential
to continue business operations and to cover necessary expenses.
The Debtor is indebted to 1st MidAmerica Credit Union in the amount
of $266,676, secured by two mortgages on the Debtor's real property
located in Wood River, Illinois. The Credit Union is believed to be
exercising control over a bank account of the Debtor, which
qualifies as cash collateral under the Bankruptcy Code.
As adequate protection, the secured creditor will be granted
replacement liens on pre-petition assets to the extent of any
diminution in value. These replacement liens would maintain the
same validity, priority, and enforceability as the original liens.
A copy of the motion is available at https://urlcurt.com/u?l=ymXLwa
from PacerMonitor.com.
About Mayfield Medical Services Inc.
Mayfield Medical Services Inc. provides repair, maintenance, and
preventative services for medical, laboratory, dental, and
veterinary equipment across the Midwest and through nationwide
depot support. The Company delivers on-site service, equipment
audits, and manufacturer-recommended maintenance, including tagging
and detailed record-keeping of client assets.
Mayfield Medical Services Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Ill. Case No.
25-30662) on August 29, 2025. In its petition, the Debtor reports
total assets of $224,636 and total liabilities of $2,142,616.
Honorable Bankruptcy Judge Mary E. Lopinot handles the case.
The Debtor is represented by J. D. Graham, Esq. at J. D. Graham,
PC.
1st MidAmerica Credit Union, as secured creditor, is represented
by:
Christopher D. Lee, Esq.
Sandberg Phoenix & von Gontard, P.C.
701 Market Street, Suite 600
St. Louis, MO 63101
Tel: (314) 725-9100
Fax:( 314) 725-5754
clee@sandbergphoenix.com
MIDSOUTH AUTO: Seeks Chapter 11 Bankruptcy in Mississippi
---------------------------------------------------------
On September 4, 2025, MidSouth Auto & Truck Sales LLC filed
Chapter 11 protection in the Southern District of Mississippi.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About MidSouth Auto & Truck Sales LLC
MidSouth Auto & Truck Sales LLC is a used car dealership based in
Pascagoula, Mississippi, offering pre-owned cars, trucks, and sport
utility vehicles across multiple brands including Ford, Chevrolet,
GMC, Jeep, Nissan, and Toyota. The Company operates a virtual
showroom where customers can browse inventory, view detailed
vehicle information, and schedule visits. It serves the Pascagoula
area through its sales lot ocated at 3635 14th Street.
MidSouth Auto & Truck Sales LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Miss. Case No. 25-51311) on
September 1, 2025. In its petition, the Debtor reports estimated
assets between $100,000 and $500,000 and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Katharine M. Samson handles the case.
The Debtor is represented by Patrick Sheehan, Esq. at SHEEHAN AND
RAMSEY, PLLC.
MIMOSAS A CALI: Hires AGK Business Services as Bookkeeper
---------------------------------------------------------
Mimosas a Cali Life, LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California to hire AGK Business
Services LLC, with Manoj Gupta as professional, to serve as
bookkeeper in its Chapter 11 case.
AGK Business Services will provide these services:
(a) bookkeeping and accounting of the restaurant business;
(b) monthly operating report preparation and reporting as
required for the plan of reorganization;
(c) additional ancillary services in relation to the accounting
and reporting requirements;
(d) additional reporting requirements for the Debtor as required
by management;
(e) monthly and quarterly tax filing;
(f) responding to notices in the ordinary course of business;
and
(g) annual income tax filing.
AGK will receive a flat fee of $1,250 per month, invoiced monthly,
subject to court approval. AGK will not be required to file either
an interim or final fee application unless its fees exceed $1,250
per month.
AGK Business Services LLC is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Manoj Gupta
AGK BUSINESS SERVICES LLC
36 W 44th Street, Suite 1018
New York, NY 10036
Telephone: (347) 707-0188
About Mimosas A Cali Life
Mimosas A Cali Life, LLC, doing business as Mimosas and Story
Anaheim, operates bar and restaurant venues under the names Mimosas
and Story Anaheim. The establishments offer a variety of food and
beverage services, including brunch, lunch, dinner, and cocktails,
with a focus on spirits, wine, and beer. They are based in
California and cater to weekday and weekend dining experiences.
Mimosas A Cali Life sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-14956) on June 12,
2025. In its petition, the Debtor reported between $1 million and
$10 million in assets and liabilities.
Judge Vincent P. Zurzolo handles the case.
The Debtor is represented by David Goodrich, Esq., at Golden
Goodrich, LLP.
MISSION MEDICAL: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: Mission Medical Investors, LLC
825 S. Barrington Ave
Los Angeles, CA 90049
Case No.: 25-17926
Business Description: Mission Medical Investors, LLC, based in Los
Angeles, California, is a real estate
investment company focused on healthcare
properties. Its primary asset is a medical
office complex at 27882 Forbes Road in
Laguna Niguel, California, which houses
multiple healthcare providers including
surgery centers, urgent care clinics, and
imaging facilities. The Company generates
revenue by acquiring, managing, and leasing
medical office spaces to healthcare tenants.
Chapter 11 Petition Date: September 9, 2025
Court: United States Bankruptcy Court
Central District of California
Debtor's Counsel: Gary E. Klausner, Esq.
LEVENE, NEALE, BENDER, YOO & GOLUBCHIK L.L.P.
2818 La Cienega Ave.
Los Angeles, CA 90034
Tel: (310) 229-1234
Email: GEK@LNBYG.COM
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Logan Beitler as manager.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/JMIH6JQ/Mission_Medical_Investors_LLC__cacbke-25-17926__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Luis Fernando Gutierrez Landscaping $15,126
432 S. Starbord St
Santa Ana, CA 92704
2. Colliers International Property $3,250
Real Estate Management Management
Services (CA), Inc. Services
PO Box 37182
Charlotte, NC
28237-7182
3. Erick's Paintaing Painting Services $1,600
San Juan
Capistrano, CA 92675
4. Sontrol $181
23 Mauchly
Suite #100
Irvine, CA 92618
5. The Bugman $150
525 N Shepard St
Anaheim, CA
92806-2834
6. A&G Plumbing Services, Inc. $0
PO Box 1075
San Clemente, CA 92674
7. Ability Fire (Fire SVC Corp) $0
PO Box 4455
Santa Ana, CA 92702
8. AT&T $0
PO Box 5074
Carol Stream, IL
60197-5025
9. CR&R Environmental Services $0
PO Box 206
Stanton, CA 90680
10. Fire Safety First $0
1170 E. Fruit St
Santa Ana, CA 92701
11. Hillside Heating & Air $0
9304 Magnolia Ave
Riverside, CA
12. Liliana Mancilla Cortez $0
31601 Los Rios Street
San Juan
Capistrano, CA 92675
13. MarVista Construction $0
603 E. Alton Ave Suite H
Santa Ana, CA 92705
14. McHenry Plantation, Inc. $0
PO Box 50592
Irvine, CA
92619-0592
15. Moulton Niguel Water $0
PO Box 848353
Los Angeles, CA
90084-8353
16. Post Insurance Services Inc. $0
2356 Torrance Blvd
Torrance, CA 90501
17. Schindler Elevator $0
3585 Cadillac Ave
Suite B
Costa Mesa, CA
92626-1482
18. SDG&E $0
PO Box 25111
Santa Ana, CA
92799-5111
19. SoCal Gas $0
PO Box 1626
Monterey Park, CA
91754
20. Western Exterminator $0
PO Box 740608
Cincinnati, OH
45274-0608
MOD JEWELRY: Files Emergency Bid to Use Cash Collateral
-------------------------------------------------------
Mod Jewelry Group, Inc. asks 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 Debtor operates a branded jewelry business, specifically
focused on motorcycle-themed products. Formerly a licensee of
Harley-Davidson branded jewelry, the Debtor has since transitioned
to a different brand, Indian Motorcycle, due to an ongoing legal
dispute with HD over copyright and trademark violations, currently
being litigated in the U.S.
District Court for the Eastern District of Wisconsin. The Debtor
shares operations, expenses, and ownership with a related entity,
Steelhorse Jewelry, Inc., for which a motion for joint
administration has been filed, though this request concerns only
the Debtor.
The Debtor has one secured creditor, the U.S. Small Business
Administration, which holds a perfected lien on its assets. While
the Debtor fell behind on SBA payments pre-petition, it proposes to
resume payment post-petition, beginning with a $500 adequate
protection payment within 30 days.
In addition, the Debtor offers adequate protection in the form of
replacement liens on all post-petition assets of the estate,
maintaining the same priority and scope as the SBA's original
security interest. The SBA has been consulted and is believed to be
unopposed to the request on an interim basis. A previous UCC-1
filing by Rosenthal & Rosenthal was satisfied prior to the
bankruptcy, and the debt no longer exists.
About Mod Jewelry Group Inc.
Mod Jewelry Group, Inc. operates a branded jewelry business,
specifically focused on motorcycle-themed products.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-20333-PDR) on
September 4, 2025. In the petition signed by Len D. Weiss, chief
executive officer, the Debtor disclosed up to $500,000 in assets
and up to $10 million in liabilities.
Judge Peter D. Russin oversees the case.
Jordan L. Rappaport, Esq., at Rappaport Osborne & Rappaport, PLLC,
represents the Debtor as legal counsel.
MODEL TOBACCO: Trustee Hires CohnReznick as Tax Accountant
----------------------------------------------------------
Lynn L. Tavenner, Chapter 11 Trustee of Model Tobacco Development
Group LLC, seeks approval from the U.S. Bankruptcy Court for the
Eastern District of Virginia to hire CohnReznick Advisory LLC to
serve as tax accountant in its Chapter 11 case.
CohnReznick Advisory will provide these services:
(a) prepare for filing the Company's 1065 federal and Virginia
state tax returns;
(b) provide general tax consulting services, both written and
oral, as may be requested; and
(c) perform various accounting duties needed for the proper
administration of the Estate, including but not limited to filing
requisite tax returns.
CohnReznick estimates its fee will be between $5,000 and $7,500,
exclusive of out-of-pocket expenses, and will also seek
reimbursement of actual and necessary expenses at 10% of fees,
along with a $175 processing fee per return.
The firm's hourly rates range from $260 to $1,785, depending on the
professional's level.
CohnReznick is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Jonathan Maakestad, Esq.
CohnReznick Advisory LLC
3560 Lenox Road NE, Suite 2900
Atlanta, GA 30326, USA
Telephone: (404) 847-9447
E-mail: contact@cohnreznick.com
About Model Tobacco Development Group
Model Tobacco Development Group, LLC is engaged in activities
related to real estate.
Model Tobacco Development Group filed Chapter 11 petition (Bankr.
E.D. Va. Case No. 24-34863) on December 31, 2024, with assets
between $50 million and $100 million and liabilities between $10
million and $50 million.
Judge Brian F. Kenney oversees the case.
The Debtor is represented by:
Justin P. Fasano, Esq.
Mcnamee Hosea, P.A.
6404 Ivy Lane, Suite 820
Greenbelt, MD 20770
Tel: (301) 441-2420
Fax: (301) 982-9450
Email: jfasano@mhlawyers.com
MOUNTAIN VIEW: Court Disapproves Motion to Sell Ardmore Mall
------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Texas, Fort
Worth Division, has denied Mountain View Midstar LLC's motion
seeking authority to sell Commercial Real Property, free and clear
of liens, claims, interests, and encumbrances.
The Debtor is a limited liability company formed on August 12,
2005, under the laws of the State of Oklahoma. The Debtor owns and
operates a shopping center, located at 1211 N. Commerce, Ardmore,
Oklahoma 73401, commonly known as the "Mountain View Mall" or
"Mountain View Shopping Center" or "Shops at Ardmore."
At the Ardmore Mall, the Debtor leases retail space to many
well-known retail chains, including Ulta Salon, Cosmetics &
Fragrances, Inc., Staples, Inc., GNC General Nutrition Corporation,
Hobby Lobby as well as non-retails users such as Armed Forces
Recruiting and The United States Government. Ardmore, Oklahoma is
also considered a gateway to densely populated cities, including
Norman and Oklahoma City, Oklahoma, in Oklahoma.
Pursuant to Rules 7052 and 9014 of the Bankruptcy Rules, the Court
issued its findings of fact and conclusions of law orally,
following the scheduled hearing, on August 25, 2025.
About Mountain View Midstar LLC
Joseph Mountain View Midstar LLC is a real estate company that
leases nonresidential properties, including land and other
commercial parcels not classified under traditional building
categories. The Company operates in Hurst, Texas, and is associated
with the Mountain View Mall and Shops at Ardmore.
The Debtor sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Tex. Case No. 25-42648) on July 22, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
The Debtor is represented by Joseph Acosta, Esq. at CONDON TOBIN.
United Texas Bank, as lender, is represented by Jason M. Rudd,
Esq., Scott D. Lawrence, Esq., Ethan A. Minshull, Esq., Catherine
A. Curtis, Esq., and Meghan D. Young, Esq., at Wick Phillips Gould
& Martin, LLP, in Dallas, Texas.
MYELLA INC: Seeks Cash Collateral Access
----------------------------------------
Myella, Inc. 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 seeks to use the cash collateral of its first-priority
secured creditor, Favo Funding, LLC, to cover ordinary business
expenses pursuant to a budget. The proposed budget outlines
projected expenses through September 30 and includes customary
costs incurred in the ordinary course of business.
The Debtor anticipates entering into a stipulation with the lender
to formalize the terms of this use, including the grant of a
replacement lien on all post-petition assets, excluding Chapter 5
causes of action. In the meantime, the Debtor is requesting the
court to issue an interim order to allow use of the collateral
immediately, to prevent the shutdown of operations and preserve the
value of the estate.
The lender is believed to be owed approximately $150,000. Prior to
filing for bankruptcy, the Debtor faced severe financial
difficulties, primarily due to inflation in food and labor costs.
In 2023, the Debtor turned to merchant cash advances to cover
operating shortfalls but repayment obligations reached over $16,000
per week and became unsustainable. This led to vendor disruptions
and operational instability, prompting the Debtor to seek Chapter
11 protection.
The Debtor proposes to grant the lender adequate protection in the
form of a replacement lien on all post-petition assets to the
extent of any diminution in the value of the lender's collateral.
Although no formal agreement on a "carveout" for professional fees
has yet been reached, the Debtor anticipates such a carveout may be
negotiated in a final stipulation. A carveout for U.S. Trustee fees
is included in the proposed interim order.
As of the petition date, the Debtor's assets include approximately
$2,000 in bank accounts, $8,500 in inventory, $2,000 in equipment,
$1,500 in office electronics, and unspecified goodwill. The Debtor
has no accounts receivable.
The Debtor is a New York corporation operating a full-service
restaurant in Roslyn Heights, New York. It is wholly owned by Brian
Kauffman.
About Myella Inc.
Myella, Inc. operates a full-service restaurant in Roslyn Heights,
New York.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.Y. Case No. 25-73404) on February 9,
2025. In the petition signed by Brian J. Kauffman, Esq., owner,
president, the Debtor disclosed up to $50,000 in assets and up to
$500 million in liabilities.
Judge Alan S. Trust oversees the case.
Adam P. Wofse, Esq., at LaMonica Herbst & Maniscalco, LLP,
represents the Debtor as legal counsel.
NAB HOLDINGS: S&P Alters Outlook to Stable, Affirms 'B+' ICR
------------------------------------------------------------
S&P Global Ratings affirmed all of its ratings on U.S.-based
payment processing solutions provider NAB Holdings LLC (NAB),
including the 'B+' issuer credit rating.
S&P said, "The stable outlook reflects our view that NAB's
operating performance and capital allocation plans will be
consistent with maintaining leverage comfortably below 5x. Our base
case assumes the company will continue making modest accretive
acquisitions in the future, refraining from major shareholder
dividends.
"NAB reported weaker performance during the first half of 2025,
largely due to noncompetitive account closures, resulting in higher
S&P Global Ratings-adjusted leverage than we previously expected.
"We expect leverage will remain higher than 4x this year and
anticipate a modest deleveraging path, while we continue to believe
earnings volatility under weaker macroeconomic conditions, or the
resumption of an acquisitive growth strategy could preclude our
projected deleveraging path."
Headwinds from noncompetitive closing of accounts have deteriorated
NAB's profitability, though we expect modest improvement going
forward. Revenue declined 6.8% for the trailing-12-months ended
June 2025 compared with the same period last year. This was largely
due to the noncompetitive closing of some of NAB's accounts and
partially offset by continued expansion into new accounts. The
closure of these high take-rate accounts caused some margin
compression. As a result, NAB's S&P Global Ratings-adjusted EBITDA
margin for the trailing-12-months ended June 2025 was 30.3%, down
from 34.1% in the same period last year. Recent performance
setbacks have led us to adjust our forecast downward. S&P said, "We
expect some sequential improvement this year, but we now expect
full-year 2025 EBITDA margin of 28.6% from the effects of account
closures. We think the company will continue to grow accounts and
improve its operations in the future, driving modest margin
expansion in 2026. Furthermore, we anticipate roll-outs of new
offerings that enable NAB to charge higher take-rates, in addition
to cost reduction efforts such as bringing external services
in-house."
NAB's credit measures continue to support its current rating. S&P
said, "We think merchant acquirers will continue to benefit from
secular growth in digital payments, with NAB growing at a mid- to
high-single-digit percent growth rate in 2026 and onward as it
continues its investment and expansion in the merchant acquiring
and enterprise markets. Revenue growth combined with anticipated
EBITDA margin improvement should contribute to reducing leverage to
4.1x in 2026 from projected 4.4x in 2025. Meanwhile, NAB continues
to generate good free operating cash flow (FOCF) and we anticipate
FOCF to debt will improve to about 15% in 2026 from 12.6% projected
in 2025."
NAB's liquidity continues to strengthen, but capital allocation
priorities and macroeconomic conditions are uncertain. Despite the
recent headwinds, the company generated solid cash flow, with
$148.7 million of FOCF for the full year ended December 2024, and
we forecast about $125 million this year. Combining cash generation
with restraint from major acquisitions, NAB has accumulated an
unrestricted cash balance of about $307 million as of the end of
June 2025, which we do not net against its debt. If the company
utilizes some of its accumulated cash cushion toward acquisitions,
the associated EBITDA contribution would likely reduce leverage.
However, lower interest rates could encourage more aggressive
debt-funded M&A or large debt funded dividends, which could
increase leverage and undermine our expectations for continued
deleveraging.
NAB is particularly sensitive to external factors beyond its
control due to the transactional nature of its revenues and the
correlation of demand to consumer spending, consumer confidence,
and shifts in consumer purchasing habits. S&P said, "Its customer
base is also significantly weighted predominantly to small and
mid-size businesses (SMBs), which we believe lack scale and have
limited financial resources. In a deteriorating economy, we would
expect to see lower revenue and potentially a higher rate of
closure among these merchants."
S&P said, "The stable outlook reflects our view that NAB's
operating performance and capital allocation plans will be
consistent with maintaining leverage comfortably below 5x. Our base
case assumes the company will continue making modest accretive
acquisitions in the future, refraining from major shareholder
dividends.
"We could lower our rating if we expect leverage to increase above
5x. This could be due increased competitive pressures, industry
disruption, or high merchant attrition. A more aggressive financial
policy could also lead to a downgrade."
S&P could raise its rating on NAB if:
-- It increases its organic revenue faster than the overall
industry while improving the diversity of its revenue streams; and
-- S&P believes operating prospects and financial policy decisions
will support sustaining leverage comfortably below 4x.
NAVELLIER & ASSOCIATES: Seeks Chapter 11 Bankruptcy in Nevada
-------------------------------------------------------------
On September 5, 2025, Navellier & Associates Inc. filed Chapter
11 protection in the District of Nevada. According to court
filing, the Debtor reports between $10 million and $50 million in
debt owed to 5,001 and 10,000 creditors. The petition states funds
will be available to unsecured creditors.
About Navellier & Associates Inc.
Navellier & Associates Inc., based in Reno, Nevada, provides
investment advisory services focused on growth investing
strategies, offering portfolio management and financial planning to
individual and institutional clients. The firm was founded by Louis
G. Navellier and manages discretionary assets while employing a
quantitative and fundamental approach to stock selection.
Navellier & Associates Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Nev.Case No. 25-50820) on September
5, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Hilary L. Barnes handles the case.
The Debtor is represented by Norma Guariglia, Esq. at HARRIS LAW
PRACTICE LLC.
NOBLE LIFE: Seeks $300,000 DIP Loan
-----------------------------------
Noble Life Sciences, Inc. asks the U.S. Bankruptcy Court for the
District of Maryland, Baltimore Division, for authority to obtain
post-petition financing in response to projected negative cash flow
for September and October.
Due to seasonal downturns in business, particularly following the
August vacation period of its client base, the Debtor anticipates
cash shortfalls that it cannot cover solely using existing cash
collateral from Fulton Bank, which has declined to extend
additional credit.
To address this, a group of investors has proposed an equity
infusion of up to $300,000. The funds would be interest-free,
unsecured, and available for drawdown as needed to stabilize
operations during the reorganization. No payments would be required
until after confirmation of a reorganization plan, at which point
any remaining balance would convert to "new value" under that plan.
The Debtor asserts this arrangement is critical for maintaining
business continuity, paying essential post-petition creditors, and
avoiding a forced liquidation that would result in little or no
recovery for creditors beyond Fulton Bank.
The Debtor has made reasonable efforts to obtain alternative
financing, including seeking more favorable terms but found no
better options. The proposed funding structure complies with U.S.C.
Section 364, which governs post-petition credit, and the Debtor
argues it meets the statutory requirements. Citing applicable case
law, the Debtor contends the financing reflects sound business
judgment, was negotiated in good faith, and serves the best
interests of the bankruptcy estate.
A copy of the motion is available at https://urlcurt.com/u?l=rv3R8v
from PacerMonitor.com.
About Noble Life Sciences Inc.
Noble Life Sciences, Inc. is a pre-clinical contract research
organization that provides GLP and non-GLP services, including
safety and efficacy testing, for drugs, vaccines, and medical
devices. It offers capabilities in pharmacology, bioanalysis,
analytical testing, and preclinical development across a range of
therapeutic areas such as oncology, infectious diseases, and
cardiovascular conditions.
Noble Life Sciences sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Md. Case No. 25-15637) on June 22, 2025.
In its petition, the Debtor reported total assets of $488,456 and
total liabilities of $5,160,511.
Robert B. Scarlett, Esq., at Scarlett & Croll, P.A. is the Debtor's
legal counsel.
Fulton Bank is represented by Michael D. Nord, Esq. at Gebhardt &
Smith, LLP.
NW ALPINE: Goes Out of Business, Shuts Down Operations
------------------------------------------------------
Daniel Kline of The Street reports that Oregon-based NW Alpine, a
technical climbing apparel maker known for its American-made
products, is closing. Founded on a mission to support U.S.
manufacturing, the company consistently tied its products to its
philosophy of investing in local communities.
In a statement shared on Instagram, owner Bill Amos cited cash flow
challenges as the driving factor, despite growth and marginal
profitability in 2025. He added that the closure was compounded by
broader economic pressures, including a cooling outdoor market.
Amos clarified that the decision was not a reflection of U.S.
manufacturing’s viability but rather of NW Alpine's individual
circumstances. He acknowledged other alpine brands still
championing the "Made in USA" model.
The company has begun a "Last Chance Sale" to liquidate inventory.
Customers are encouraged to stock up on gear before operations
officially end, though no new return policies have been announced,
the report states.
About NW Alpine
NW Alpine creates high-performance alpine gear made in the U.S.
ONSITE CONSTRUCTION: Hires Griffith McDaniel as Special Counsel
---------------------------------------------------------------
Onsite Construction, Inc. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Tennessee to hire Griffith
McDaniel LLP to serve as special counsel in its Chapter 11
Subchapter V case.
Griffith McDaniel LLP will provide these services:
(a) render legal services to the Debtor in connection with its
claim against Selective Insurance Company of the Southeast; and
(b) file a Complaint and pursue recovery of Debtor’s claim
against Selective Insurance Company of the Southeast.
Griffith McDaniel LLP wll receive a one-third contingency fee plus
reimbursement of expenses.
Compensation is expected to be paid from funds recovered from
Selective Insurance Company of the Southeast, subject to Bankruptcy
Court approval after notice and hearing.
According to court filings, Griffith McDaniel LLP does not
represent or hold any interest adverse to the Debtor or the estate
with respect to the matter on which it is to be employed.
The firm can be reached at:
Bradley E. Griffith, Esq.
GRIFFITH MCDANIEL LLP
926 W. Oakland Avenue, Suite 206
Johnson City, TN 37605
Telephone: (423) 853-4410
About Onsite Construction, Inc.
Onsite Construction, Inc. sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D. Tenn. Case No.
25-50833) on August 7, 2025, listing up to $50,000 in assets and
$500,001 to $1 million in liabilities.
Honorable Judge R. Rodney May oversees the case.
Maurice K. Guinn, Esq. at Gentry, Tipton & Mclemore P.C. represents
the Debtor as counsel.
OPEN THROTTLE: Prepetition Funds & License Proceeds to Fund Plan
----------------------------------------------------------------
Open Throttle Inc. filed with the U.S. Bankruptcy Court for the
Middle District of Florida a Subchapter V Plan of Liquidation dated
September 2, 2025.
The Debtor is a Florida corporation. From approximately 2001
through the summer of 2024, the Debtor and its affiliate, Gaetana
Corporation, were involved in the operation of a bar called "316
Main Street Station" located at 316 Main Street, Daytona Beach,
Florida 32118 (the "Premises").
The Debtor formerly owned the Retail Beverage License (BEV7403477
4COP) (the "Liquor License") under which 316 Main Street Station
purchased and sold alcohol. Upon information and belief, Gaetana
was the entity that operated the bar and collected revenues.
As of the Petition Date, the Debtor's assets consisted of the
Liquor License, nominal cash in its prepetition bank account
($459.87) (the "Prepetition Funds"), and potential claims and
causes of action against Johns, Harper, FPLC, and Main Street Live,
LLC ("Main Street Live") (collectively, the "Main Street Claims").
On June 6, 2025, the Debtor filed an Expedited Motion to Approve
Sale of Liquor License (Doc. 12) (the "Sale Motion") seeking
authority to the sell the Liquor License to SORRYCHARLIESCORNER LLC
(the "Buyer") pursuant to the terms and conditions of a Liquor
License Asset Purchase Agreement (the "Purchase Agreement"). The
Court entered an order granting the Sale Motion (the "Sale Order")
on June 25, 2025.
The Debtor and the Buyer closed on the Purchase Agreement on June
26, 2025. As a result of the sale, the estate received net proceeds
in the total amount of $87,401.87 (the "License Proceeds"). The
License Proceeds and the Prepetition Funds are being held in the
trust account of Erik Johanson PLLC and will be used to fund
distributions under the Plan.
Given that the License Proceeds and Prepetition Funds are currently
sufficient to pay all allowed claims, the Debtor does not intend to
prosecute the Main Street Claims. It is unclear whether those
causes of action belong to the Debtor, Gaetana, and/or J. Carvagno
and it is further unclear whether the potential defendants would be
collectible in the event of a favorable judgment. Further, the
legal fees and costs incurred bringing the Main Street Claims would
deplete recovery for creditors and equity interests.
This is a liquidating plan. The Plan will be funded by the License
Proceeds and Prepetition Funds.
This Plan proposes to pay creditors of the Debtor from the License
Proceeds and Prepetition Funds (collectively, the "Funds Available
for Distribution" or "Funds"). The Funds Available for Distribution
is $87,861.74, which is currently held in the trust account of the
counsel.
Class 2 consists of All Allowed Unsecured Claims. Each holder of an
Allowed Class 2 Unsecured Claim will be paid their pro rata share
of the cash remaining after payment of all Class 1 and
Administrative Claims and Tax Claims, in cash, upon the later of
the Effective Date or the date on which such Claim is Allowed by a
final non appealable order. There are presently no Allowed Class 2
Unsecured Claims entitled to receive a Distribution under this
Plan. Any cash available for Distribution following the payment of
any Allowed Class 2 Unsecured Claims will be distributed to the
Debtor's Class 3 Equity Holder. This Class is unimpaired.
Class 3 consists of Equity Interests of the Debtor. Equity will
retain ownership in the Debtor post-confirmation.
A full-text copy of the Liquidating Plan dated September 2, 2025 is
available at https://urlcurt.com/u?l=5jI35r from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Erik Johanson, Esq.
Joseph R. Boyd, Esq.
Erik Johanson PLLC
4532 West Beachway Drive
Tampa, FL 33609
Telephone: (813) 210-9442
Email: erik@johanson.law
jr@johanson.law2148
About Open Throttle Inc.
Open Throttle Inc., which is engaged in the retail of beverages,
sought protection under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. M.D. Fla. Case No. 6:25-bk-03433-LVV) on June 4, 2025.
Judge Lori V. Vaughan presides over the case.
Erik Johanson at Erik Johanson PLLC is the Debtor's legal counsel.
OPTION CARE: S&P Rates New $678 Million First-Lien Term Loan 'BB'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating and '2'
recovery rating to Option Care Health Inc.'s proposed $678 million
first lien term loan due in 2032. The '2' recovery rating indicates
its expectation for substantial (70%-90%; rounded estimate: 80%)
recovery in the event of default.
Option Care will use the proceeds to refinance its existing first
lien debt and add $50 million cash to the company's balance sheet.
Although the transaction modestly increases debt, it is leverage
neutral due to EBITDA growth. S&P Global Ratings-adjusted leverage
was 2.6x as of June 30, 2025.
S&P said, "Our 'BB-' issuer credit rating and stable outlook on
Option Care reflect our expectation that the company will continue
to increase both revenue and EBITDA and maintain S&P Global
Ratings-adjusted leverage below 4x. It also reflects our
expectation that revenue improvement and solid operating cash flow
will provide capacity to fund growth and shareholder returns."
Issue Ratings--Recovery Analysis
Key analytical factors
-- Option Care's capital structure (post refinancing) comprises a
$400 million cash flow revolver maturing in 2030, new $678 million
first-lien term loan maturing in 2032, and $500 million of
unsecured notes maturing in 2029.
-- S&P's '2' recovery rating on the secured debt indicates its
expectation for substantial (70%-90%; rounded estimate: 80%)
recovery, and its '6' recovery rating on Option Care's unsecured
notes indicates its expectation for negligible (0%-10%; rounded
estimate: 0%) recovery.
-- S&P's hypothetical default scenario considers a default in 2029
because of weak operating performance stemming from Option Care's
inability to effectively manage its cost structure, including
managing collections, or because of increased reimbursement
pressure from third-party payers.
-- Under this scenario, S&P assumes Option Care would need to
restructure because it could not service its financial
obligations.
-- S&P's recovery analysis assumes a reorganization value of $890
million, which reflects emergence EBITDA of about $162 million and
a 5.5x multiple.
-- S&P's distressed scenario assumes the $400 million cash flow
revolver is 85% drawn at default.
Simulated default assumptions
-- Simulated year of default: 2029
-- EBITDA at emergence: $162 million
-- EBITDA multiple: 5.5x
Simplified waterfall
-- Valuation split (obligors/nonobligors): 100%/0%
-- Value available to first-lien creditors (after asset-based
lending facility claims): $845 million
-- Secured first-lien debt: $1.019 billion
--Recovery expectations: 70%-90% (rounded estimate: 80%)
-- Value available to unsecured claims: 0%
-- Senior unsecured debt: $511 million
--Recovery expectations: 0%-10% (rounded estimate: 0%)
All debt amounts include six months of prepetition interest.
OUTFRONT MEDIA: S&P Rates $500MM Revolving Credit Facility 'BB'
---------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating and '1'
recovery rating to Outfront Media Inc.'s (B+/Stable) $400 million
term loan B due 2032 and $500 million revolving credit facility due
2030, issued by subsidiaries Outfront Media Capital LLC and
Outfront Media Capital Corp. The '1' recovery rating indicates
S&P's expectation for very high (90%-100%; rounded estimate: 95%)
recovery for lenders in the event of a payment default. The company
plans to use proceeds from the transaction to repay its existing
term loan B. The revolver will be undrawn at the close of the
transaction. S&P's 'B+' issuer credit rating and stable ratings
outlook on Outfront remain unchanged.
P4 EXECUTIVE: Seeks Subchapter V Bankruptcy in Texas
----------------------------------------------------
On September 7, 2025, P4 Executive Investments LLC filed Chapter
11 protection in the Northern District of Texas. According to
court filing, the Debtor reports between $1 million and $10
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
About P4 Executive Investments LLC
P4 Executive Investments LLC, based in Longview, Texas, provides
real estate services, including buying, selling, and renting
properties, and operates under NAICS code 5312 (Offices of Real
Estate Agents and Brokers).
P4 Executive Investments LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No.
25-43393) on September 7, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Bankruptcy Judge Mark X. Mullin handles the case.
The Debtor is represented by Richard Grant, Esq. at CM LAW PLLC.
PACKABLE HOLDINGS: Court Tosses Preference Claims in Ch. 11
-----------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that the
unsecured creditors' committee in Packable Holdings' Chapter 11
case saw most of its adversary claims dismissed after a Delaware
bankruptcy judge ruled the complaint failed to sufficiently state
grounds for recovering alleged preference payments from a
prepetition lender and supplier.
About Packable Holdings
Packable Holdings, LLC, now known as Pack Liquidating, LLC, is a
multi-marketplace e-commerce enablement platform.
Packable Holdings and five affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case No.
22-10797) on Aug. 29, 2022. In the petition filed by its chief
legal officer, Maria Harris, Packable Holdings reported between
$100 million and $500 million in both assets and liabilities.
Judge Craig T. Goldblatt oversees the cases.
The Debtors tapped Cooley LLP and Potter Anderson & Corroon, LLP as
legal counsels; Alvarez and Marsal North America, LLC as financial
advisor; and Hilco Merchant Resources, LLC as liquidation agent.
Epiq Corporate Restructuring, LLC is the claims agent.
On Sept. 13, 2022, the U.S. Trustee for Region 3 appointed the
official committee of unsecured creditors in the Debtors' cases.
The committee selected Kelley Drye & Warren, LLP and A.M. Saccullo
Legal, LLC as bankruptcy counsel; ASK, LLP as special litigation
counsel; and Dundon Advisers, LLC as financial advisor.
JPMorgan Chase Bank, N.A., as administrative agent, is represented
by Richards, Layton & Finger, P.A. and Morgan, Lewis & Bockius LLP.
PC LEARNING: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: PC Learning Centers, Inc.
d/b/a NYC Seminar and Conference Center
d/b/a PC Learn
NYC Seminar and Conference Center
114 W 26th Street, 3rd Floor
New York, NY 10001
Business Description: PC Learning Centers, Inc., doing business as
NYC Seminar and Conference Center (NYCSCC),
operates a 9,300-square-foot event and
conference facility in New York City's
Flatiron District, Chelsea neighborhood.
The center provides flexible seminar and
meeting spaces accommodating 6 to 200
participants, supporting hybrid events with
integrated audiovisual and technology
infrastructure, including internet
connectivity, video conferencing, and on-
site tech support. NYCSCC offers event
planning services, catering options,
customizable room configurations, and online
booking, targeting corporate meetings,
training sessions, and professional
seminars.
Chapter 11 Petition Date: September 9, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-11964
Judge: Hon. Michael E Wiles
Debtor's Counsel: Kenneth L. Baum, Esq.
LAW OFFICES OF KENNETH L. BAUM, LLC
201 W. Passaic Street, Suite 104
Rochelle Park, NJ 07662
Tel: (201) 853-3030
Fax: (201) 584-0297
E-mail: kbaum@kenbaumdebtsolutions.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Tod Shapiro as vice president.
A full-text copy of the petition, which includes a list of the
Debtor's 16 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/IISWMWA/PC_Learning_Centers_Inc__nysbke-25-11964__0001.0.pdf?mcid=tGE4TAMA
PHCV4 HOMES: Court OKs 31 Vacant Lot Sale to Team Steber
--------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Alabama,
Southern Division, has permitted PHCV4 Homes LLC and its
affiliates, to sell Property, free and clear of liens, claims,
interests, and encumbrances.
The Debtor proposes to sell its interest in certain real estate
consisting of 31 vacant lots in the community known as Viking Cove,
in the municipality of Jasper, Walker County, Alabama.
The Court has authorized the Debtor to sell the Property to Team
Steber, Inc. in the total purchase price of $1,250,000.00.
The Debtor is permitted to complete and consummate the sale
transaction detailed in the sale contract included with the Motion
to Sell, except as otherwise required by the terms.
The property to be sold in connection with the Sale shall be sold
free and clear of all liens, interests, and encumbrances. However,
CoreVest's lien rights specifically and fully attach to all
proceeds of the Sale.
The closing of the Sale shall occur no earlier than the expiration
of the 14-day appeal period as to the Order, but in no event later
than September 30, 2025, unless such date is extended by CoreVest
in writing in its sole and absolute discretion.
No proceeds of the Sale shall be paid to the Debtor or to any
person or party related to the Debtor. The entire Portfolio
Purchase Price in the amount of $1,250,000.00 shall be paid
directly to CoreVest at closing, free and clear of all liens,
interests, and encumbrances, with the sole exception of de minimus
routine and necessary sale-related disbursements due at closing,
each of which disbursements shall be subject to CoreVest's
approval, following its receipt of a proposed settlement statement
by the closing agent reasonably in advance of closing. No other
creditors or lienholders shall receive any proceeds of the Sale.
If the Sale does not close on or before the Outside Closing Date,
in full compliance with the terms of the Order, then it is null and
void and the Sale cannot thereafter be completed without further
approval of this Court.
With respect to the Admin Fee Surcharge in the amount of
$18,750.00, such amount shall be paid to the Debtor, held by the
Debtor's estate, and shall be subject to the terms hereof and that
certain consent order granting Debtors’ emergency motions to use
cash collateral.
The Debtors stipulate and agree that CoreVest has valid,
senior-priority claims secured by the assets being approved for
sale by this Order, which claims equal or exceed the proceeds of
the sale approved by the Order, both on a global and
parcel-by-parcel basis. CoreVest's receipt of the Sale proceeds
shall not constitute a full payoff as to any loans or obligations
owed by the Debtors to CoreVest, however, CoreVest may apply the
Sale proceeds to reduce amounts owed by the Debtors to CoreVest.
The Debtor is authorized to take all such actions as are necessary
or appropriate to implement the terms of the Order.
About PHCV4 Homes, LLC
PHCV4 Homes LLC is part of the residential building construction
industry.
PHCV4 Homes LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ala. Case No. 24-02751) on September
10, 2024. In the petition filed by Misty M. Glass, as manager, the
Debtor reports estimated assets and liabilities between $10 million
and $50 million each.
The Honorable Bankruptcy Judge Tamara O. Mitchell presides over the
case.
The Debtor is represented by Frederick M. Garfield, Esq., at SPAIN
& GILLON, LLC.
PINSTRIPES HOLDINGS: Seeks Ch. 11 Bankruptcy Along w/ Affiliates
----------------------------------------------------------------
Bondoro reports that Pinstripes Holdings, Inc. and its affiliates
filed for Chapter 11 protection on September 8, 2025 in the US
Bankruptcy Court for the District of Delaware. The Chapter 11
filing is intended to support an expedited §363 sale of the
company as a going concern.
According to the report, the process is backed by its largest
creditor, Silverview, which holds more than $115 million in secured
debt. Silverview has agreed to serve as the stalking horse bidder
with an offer that includes a $15 million credit bid, $1.6 million
in cash, and the assumption of certain liabilities.
To finance the case, Silverview will provide up to $3.8 million in
debtor-in-possession funding. The facility includes approximately
$3.3 million in new capital along with a $540,000 roll-up of a
recent bridge loan. The sale timeline anticipates a hearing within
45 days, the report states.
According to court filings, Pinstripes Holdings lists between $100
million and $500 million in liabilities. The company has also
indicated that funds will be available for distribution to
unsecured creditors. The matter is proceeding under case number
25-11677.
About Pinstripes Holdings Inc.
Pinstripes Holdings Inc. is a Northbrook, Illinois-based
“eatertainment” chain that combines Italian-American dining
with bowling, bocce, and private events.
Pinstripes Holdings Inc. and affiliates sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11677)
on September 8, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge handles the case.
The Debtors are represented by Sean M. Beach, Esq. at Young Conaway
Stargatt & Taylor, LLP. James Katchadurian of CR3 Partners, LLC is
the Debtors'Financial Advisor/CRO. Hilco Corporate Finance, LLC is
the Debtors' Investment Banker. Epiq Corporate Restructuring, LLC
is the Debtors' Claims Agent.
PINSTRIPES HOLDINGS: Seeks to Sell Restaurant Biz at Auction
------------------------------------------------------------
Pinstripes Holdings Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the District of Delaware, to sell Assets
in an auction, free and clear of liens, claims, interests, and
encumbrances.
The Debtors' Chapter 11 case is over a year in the making, during
which time the the Debtors' financial situation has plummeted and
lenders and vendors started disassociating with the Debtors and
their restructuring efforts.
The Silverview Agent, and the parties its represents, which hold in
excess of $115 million in secured debt, have agreed to a structure
that contemplates a DIP and Stalking Horse Bid that provides a
stabilizing last-gasp opportunity for the Debtors to maximize value
through an Auction, while providing a backstop Stalking Horse Bid
that preserves the going concern and jobs for the Debtors' eight
remaining locations.
The Debtors operated 18 restaurant locations in Florida, Maryland,
Illinois, Ohio, Minnesota, Texas, Connecticut, Kansas, New Jersey,
California, and Washington, D.C., with several additional locations
under construction in Washington and Florida. Each of the
Debtors’ locations offers 26,000 to 38,000 square feet of
interior space, including bowling alleys, plus additional outdoor
patio space that includes outdoor dining, bocce courts, fire-pits,
and decorative fountains. In addition to offering dining room
service, the Debtors hosted, and continue to host, thousands of
events, including weddings, bat mitzvahs, corporate events, and
birthday parties, and also offer catering services.
The Debtors have suffered from a series of challenges, including
inflationary pressure across various sectors that have drastically
and negatively affected the Debtors’ performance. In particular,
increases in the cost of labor and commodities in recent years have
raised the cost of "dining out." Like many other similarly situated
restaurant and entertainment businesses, the Debtors' performance
is acutely impacted by consumer preferences. As inflationary
pressures have made consumers increasingly cost-conscious,
preferences for out-of-home experiences began to shift to more
cost-efficient alternatives. As a result, the Debtors began facing
an increasingly tight liquidity crunch at the same time that they
most needed cash reserves to adapt to industry-wide changes.
At the same time, the Debtors continued to expand, incurring costs
for new store openings that were not
yet generating revenue. As a result of these factors, the
Debtors’ revenue and EBITDA became
insufficient to support their debt service, working capital, and
capital expenditure needs.
the Debtors, with Piper Sandler's assistance, explored all
Potential Alternatives in the approximately nine months leading to
the Petition Date.
On March 7, 2025, the Debtors entered into a letter of intent with
their then second lien lender, Oaktree Capital Management, L.P., an
affiliate of Oaktree Fund Administration, LLC for a
recapitalization transaction, which was subject to definitive
documentation and closing conditions. The Oaktree Recapitalization
did not close, the Debtors' financial position continued to
deteriorate, and Oaktree subsequently exited its position for a
fraction of the face amount of its debt by selling its debt to
certain entities associated with the Existing Silverview Agent.
The Debtors continued to engage with all potential interested
parties, ultimately culminating in the Debtors’ entry into the
Support Agreement with the Consenting Lenders on August 27, 2025.
The Debtors terminated Piper Sandler's engagement and engaged Hilco
Corporate Finance, LLC as their investment banker to continue
marketing their assets.
The Debtors seek the relief, including an expedited marketing and
sale timeline, to ensure that a value-maximizing sale process is
implemented, and to provide alternative purchasers with as much
information as possible as soon as possible, so that they may frame
competitive offers for the Debtors' eight remaining operating
restaurant locations and other assets.
The Debtors submit that the proposed procedures set forth herein
are reasonable, value-maximizing, and in the best interest of their
estates and all interested parties.
The Assets consist of, without limitation, certain intellectual
property, inventory, cash and cash equivalents, accounts
receivable, executory contracts and unexpired leases, permits,
licenses, customer lists, books and records, claims and causes of
action, and other related personal property, but exclude any assets
subject to the Granite Parties' liens.
The Stalking Horse Bid will include cash in the amount of $1.6
million, plus a credit bid by the Stalking Horse Bidder of an
aggregate amount of $15 million for the Transferred Assets (which
debt may be conditionally assigned to the Stalking Horse Bidder by
the Consenting Lenders prior to the closing of the Sale), plus the
payment obligation to the Debtors' investment banker in the amount
of up to $300,000, administrative rent incurred through the date of
closing and the assumption of certain other obligations and claims,
including, but not limited to, Cure Costs related to Transferred
Contracts, in each case acceptable to the Stalking Horse Bidder,
provided that the Stalking Horse Bid may be increased at any
subsequent Auction for the Sale of the Assets (including a credit
bid of all of the Consenting Lenders' secured debt, including the
debt under the Second Lien Documents).
To ensure that the highest or otherwise best offer is received for
the Assets, the Debtors crafted the proposed Bidding Procedures to
govern the submission of competing bids at an Auction, all of which
are contemplated and expressly permitted under the Stalking Horse
Agreement.
The Debtors' proposed timeline with respect to the Bidding
Procedures, the Auction, the Sale Hearing, and the Sale is as
follows:
-- Hearing to Consider Approval of Bidding Procedures: September
22, 2025, subject to the Court's availability
-- Contract Objection Deadline October 9, 2025 at 4:00 p.m. (ET);
14 days after service of a Cure Notice for Previously Omitted
Contracts
-- Sale Objection Deadline October 9, 2025 at 4:00 p.m. (ET)
-- Bid Deadline October 13, 2025 at 4:00 p.m. (ET)
-- Auction (if applicable) October 17, 2025 at 10:00 a.m. (ET)
-- Sale Hearing October 23, 2025, subject to the Court's
availability
The Debtors' believe that selling the Assets is critical to
maximizing value in the chapter 11 cases and should be approved as
reflecting a sound exercise of the Debtors' business judgment.
The Debtors determined to undertake a sale of substantially all of
their Assets after careful consideration of all potential
alternatives.
About Pinstripes Holdings, Inc.
Pinstripes Holdings, Inc. operates a dining and entertainment
concept restaurants. The company provides
Italian-American cuisine with bowling, bocce, and private event
services. It also offers off-site events catering services. The
company was incorporated in 2006 and is based in Northbrook,
Illinois.
The Debtor sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. D.De. Case No. 25- 11677) on September 8,
2025.
Shella Borovinskaya, Mariam Khoudari, Sean Matthew Beach, and of
Young Conaway Stargatt & Taylor, LLP, serve the Debtors as legal
counsel.
PRAESUM HEALTHCARE: Suzanne Richards Appointed as PCO
-----------------------------------------------------
Guy Van Baalen, the Acting U.S. Trustee for Region 21, appointed
Suzanne Richards as patient care ombudsman for Praesum Healthcare
Services, LLC and affiliates.
The appointment was made pursuant to the order from the U.S.
Bankruptcy Court for the Southern District of Florida on August
18.
Ms. Richards disclosed in a court filing that she is a
"disinterested person" pursuant to Section 101(14) of the
Bankruptcy Code.
Section 333 of the Bankruptcy Code provides that the patient care
ombudsman shall:
* Monitor the quality of patient care provided to patients of
the debtor, to the extent necessary under the circumstances,
including interviewing patients and physicians;
* Not later than 60 days after the date of this appointment,
and not less frequently than at 60-day intervals thereafter, report
to the court after notice to the parties in interest, at a hearing
or in writing, regarding the quality of patient care provided to
patients of the debtor;
* If such Ombudsman determines that the quality of patient
care provided to patients of the debtor is declining significantly
or is otherwise being materially compromised, file with the court a
motion or a written report, with notice to the parties in interest
immediately upon making such determination; and
* Shall maintain any information obtained by such Ombudsman
under section 333 of the Bankruptcy Code that relates to patients
(including information relating to patient records) as confidential
information. Such Ombudsman may not review confidential patient
records unless the court approves such review in advance and
imposes restrictions on such Ombudsman to protect the
confidentiality of such records.
The ombudsman may be reached at:
Suzanne Richards,
4525 Dean Martin Drive, Unit 2308
Las Vegas, Nevada 89103
Phone: 714-290-6226
suzanne@smrhealth.com
About Praesum Healthcare Services
Praesum Healthcare Services LLC operates a network of behavioral
health and addiction treatment facilities across the United States,
offering a full continuum of care that includes medical
detoxification, residential rehabilitation, and outpatient
counseling. The Company's brands include Sunrise Detox, which
provides medically supervised detox services, Evolve Recovery
Center, which delivers residential treatment programs, and The
Counseling Center, which offers outpatient and intensive outpatient
therapy, with locations in multiple states including New Jersey,
New York, Massachusetts, Georgia, and Florida. Founded in 2004,
Praesum Healthcare manages more than two dozen centers under these
brands, serving individuals with substance use disorders and
co-occurring mental health conditions.
Praesum Healthcare Services sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Fla. Lead Case No. 25-19335) on
August 13, 2025. In its petition, the Debtor reported estimated
assets between $50 million and $100 million and estimated
liabilities between $10 million and $50 million.
Honorable Bankruptcy Judge Erik P. Kimball handles the case.
The Debtor is represented by Bradley S. Shraiberg, Esq., at
Shraiberg Page, PA.
City National Bank of Florida, as lender, is represented by:
Alexandra D. Blye, Esq.
Carlton Fields, P.A.
525 Okeechobee Boulevard, Suite 1200
West Palm Beach, FL 33401
Telephone: (561) 659-7070
ablye@carltonfields.com
R.C. CONSTRUCTION: Files Emergency Bid to Use Cash Collateral
-------------------------------------------------------------
R.C. Construction, LLC asks the U.S. Bankruptcy Court for the
District of New Jersey for authority to use cash collateral and
provide adequate protection.
The Debtor is a single-member LLC owned and operated by Rui Da
Silva Costa, who also serves as its sole employee. It currently has
five active residential projects in New Jersey and plans to begin
three additional projects shortly.
The Debtor's primary assets are construction tools, a utility
trailer, and anticipated receivables from ongoing projects. It does
not own or lease real property and operates from Mr. Costa's
residence in Westfield, N.J. Mr. Costa is paid a monthly wage of
$4,000, and the Debtor also pays for a work-related truck lease.
An accounting firm, Spanner Consulting LLC, is assisting the Debtor
in managing financial disclosures. Over time, the Debtor has
struggled with rising costs and was forced to rely on short-term
merchant cash advances to maintain liquidity. These MCA debts, many
of which Mr. Costa personally guaranteed, became unmanageable,
prompting the bankruptcy filing. In addition to the MCA debts, the
Debtor holds a $140,000 loan from the U.S. Small Business
Administration, which it intends to continue paying post-petition.
The Debtor asserts that the SBA is adequately protected through
projected disposable income and that MCA creditors are not secured
creditors and thus not entitled to adequate protection. A detailed
four-month cash flow budget shows projected gross sales of over
$313,000, with average monthly net income of $5,006. Monthly
expenses are projected at approximately $78,271, covering payroll
and operational costs.
The Debtor proposes offering replacement liens to any secured
creditors, including the SBA, to the extent their interests are
impacted by the use of the collateral, while expressly reserving
the right to challenge the secured status of the MCA lenders.
The Debtor argues that the SBA's interest is adequately protected
through equity cushion and post-petition income and further
contends that MCA lenders have access to other sources of recovery
via personal guarantees from Mr. Costa.
The Debtor filed for Chapter 11 due to increasing financial strain
caused by inflation, rising costs, and accumulating merchant cash
advance debt, which led to state court collection actions and the
threat of liens on its business.
A court hearing is scheduled for September 23.
About R.C. Construction LLC
R.C. Construction, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. N.J. Case No. 25-19241) on
September 3, 2025. In the petition signed by Rui Da Silva Costa,
managing member, the Debtor disclosed up to $50,000 in both assets
and liabilities.
Melinda Middlebrooks, Esq., at Middlebrooks Shapiro, P.C.,
represents the Debtor as legal counsel.
RE4 GEORGIA: Continued Operations and Sale Proceeds to Fund Plan
----------------------------------------------------------------
RE4 Georgia LLC filed with the U.S. Bankruptcy Court for the
Northern District of Georgia a Plan of Reorganization dated
September 2, 2025.
The Debtor was formed in 2018 and invests in single family homes
that it rents out to tenants. The Debtor's properties are marketed
to section 8 tenants and other lower income individuals.
The Debtor is owned by RE4 Capital Holdings, LLC. The members of
RE4 Capital Holdings, LLC are Luis Pailles, Juan Vazquez, and
Alejandro Espinosa.
The Debtor's former management company was not aggressively
collecting rent which caused the Debtor to fall behind on its debt
service payments. The Debtor filed the instant chapter 11 case to
stop foreclosures on several of the properties.
The Debtor has new property managers who are collecting rent,
enforcing late fees, and evicting tenants who are not paying.
The Debtor currently has tenants in five of the properties: 408 Ben
Park, 1389 Ben Park, Belhaven, Blueridge, and W. Waren. The Debtor
has determined that it is in its best interest to sell the
properties that are currently vacant: 1410 Ben Park and Rock Cut.
This Plan deals with all property of Debtor and provides for
treatment of all Claims against Debtor and its property.
Class 6 shall consist of General Unsecured Claims held by non
insiders including any potential deficiency claims. The only
General Unsecured Claim in the case was filed by the Georgia
Department of Revenue in the amount of $1,598.49. The Debtor shall
file the Class 6 claims in full on the Effective Date. Class 6 is
Impaired and entitled to vote on the Plan. Nothing herein shall
constitute an admission as to the nature, validity, or amount of
claim. Debtor reserves the right to object to any and all claims.
Class 7 consists of the Equity Security Holders of the Debtor. The
Equity Security Holders will retain their interest in the
reorganized Debtor as such interest existed as of the Petition
Date. This class is not impaired and is not eligible to vote on the
Plan.
Upon confirmation, Debtor will be charged with administration of
the Plan. Debtor will be authorized and empowered to take such
actions as are required to effectuate the Plan. Debtor will file
all post-confirmation reports required by the United States
Trustee's office or by the Subchapter V Trustee. Debtor will also
file the necessary final reports and may apply for a final decree
as soon as practicable after substantial consummation and the
completion of the claims analysis and objection process.
The source of funds for the payments pursuant to the Plan is
Debtor's continued business operations, the sale of 1410 Ben Park
and Rock Cut, and capital contributions from Luis Pailles where
necessary.
A full-text copy of the Plan of Reorganization dated September 2,
2025 is available at https://urlcurt.com/u?l=pkWB37 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
William A. Rountree, Esq.
Elizabeth A. Childers, Esq.
Century I Plaza
2987 Clairmont Road, Suite 350
Atlanta, GA 30329
Tel: (404) 584-1238
Email: wrountree@rlkglaw.com
About RE4 Georgia LLC
RE4 Georgia LLC leases residential, commercial, and self-storage
properties, operating primarily as a property lessor in the real
estate sector.
RE4 Georgia LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Case No. 25-56171) on June 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
The Debtors are represented by William Rountree, Esq. at ROUNTREE,
LEITMAN, KLEIN & GEER, LLC.
RUNITONETIME LLC: Committee Taps Morrison & Foerster as Counsel
---------------------------------------------------------------
The Official Committee of Unsecured Creditors of RunItOneTime LLC
seeks approval from the U.S. Bankruptcy Court for the Southern
District of Texas to hire Morrison & Foerster LLP to serve as legal
counsel in the jointly administered Chapter 11 cases.
Morrison & Foerster will provide these services:
(a) advising the Committee in connection with its powers and
duties under the Bankruptcy Code, the Bankruptcy Rules, and the
Local Rules;
(b) assisting and advising the Committee in its consultation
with the Debtors relative to the administration of these Chapter 11
Cases;
(c) attending meetings and negotiating with the representatives
of the Debtors and other parties in interest;
(d) assisting and advising the Committee in its examination and
analysis of the conduct of the Debtors' affairs;
(e) assisting and advising the Committee in connection with any
sale of the Debtors' assets pursuant to Section 363 of the
Bankruptcy Code;
(f) assisting the Committee in the review, analysis, and
negotiation of any Chapter 11 plan of reorganization or liquidation
that may be filed and assisting the Committee in the review,
analysis, and negotiation of the disclosure statement accompanying
any such plan;
(g) taking all necessary action to protect and preserve the
interests of the Committee;
(h) generally preparing on behalf of the Committee all necessary
motions, applications, answers, orders, reports, replies,
responses, and papers in support of positions taken by the
Committee;
(i) appearing, as appropriate, before this Court, the appellate
courts, and the U.S. Trustee, and protecting the interests of the
Committee before those courts and before the U.S. Trustee; and
(j) performing all other necessary legal services in these cases
as may be directed by the Committee.
Morrison & Foerster's hourly billing rates are:
-- Partners and Senior Of Counsel: $2,475 to $1,500
-- Of Counsel: $2,100 to $1,25
-- Associates: $1,330 to $795
-- Paraprofessionals: $645 to $390
Morrison & Foerster has agreed to defer payment of 10% of its total
compensation to the Court's approval of a final fee application.
The firm will also seek reimbursement for actual out-of-pocket
expenses incurred, including travel expenses, meals, research,
photocopying, courier costs, and other disbursements.
Morrison & Foerster is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code and does not hold or
represent an interest adverse to the Debtors, their estates, or
creditors, according to court filings.
Pursuant to paragraph D, section 1 of the Revised U.S. Trustee
Guidelines, Morrison & Foerster responds to the questions set forth
therein as follows:
Question: Did you agree to any variations from, or alternatives to,
your standard or customary billing arrangements for this
engagement?
Answer: Morrison & Foerster has agreed to defer payment of 10% of
its total compensation to the Court’s approval of a final fee
application.
Question: Do any of the professionals included in this engagement
vary their rate based on the geographic location of the bankruptcy
case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: Morrison & Foerster did not represent the Committee prior
to these Chapter 11 Cases.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: The Committee and Morrison & Foerster expect to develop a
prospective budget and staffing plan to comply with the U.S.
Trustee's requests, recognizing that in the course of these Chapter
11 Cases there may be unforeseeable fees and expenses.
The firm can be reached at:
Morrison & Foerster LLP
250 West 55th Street
New York, NY 10019
Telephone: (212) 468-8000
Facsimile: (212) 468-7900
Website: www.mofo.com
About RunItOneTime LLC
RunItOneTime LLC, formerly known as Maverick Gaming LLC,
headquartered in Kirkland, Washington, is a regional casino and
cardroom operator across Washington State, Nevada, and Colorado.
The company operates a portfolio of 31 properties, with 1,800 slot
machines, 350 table games, 1,020 hotel rooms, and 30 restaurants.
Maverick was founded in 2017 by Eric Persson and Justin Beltram,
who hold over 70% ownership in the company.
RunItOneTime LLC and 67 affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90191) on
July 14, 2025. In its petition, RunItOneTime estimated assets and
liabilities between $100 million and $500 million each.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Latham & Watkins LLP as counsel; and Hunton
Andrews Kurth LLP, as bankruptcy co-counsel. The Debtors also
engaged GLC Advisors & Co., LLC and GLC Securities, LLC, as
investment banker, and Triple P TRS, LLC as financial advisor. The
Debtors' tax advisor is KPMG LLP.
RUNITONETIME: Committee Taps Huron as Financial Advisor
-------------------------------------------------------
The Official Committee of Unsecured Creditors of Runitonetime LLC
seeks approval from the U.S. Bankruptcy Court for the Southern
District of Texas to employ Huron Consulting Services LLC as its
financial advisor, effective as of July 30, 2025.
Huron will provide these services:
(a) review the Debtors' financial information, including
analyses of cash receipts and disbursements, financial statement
items, and proposed transactions;
(b) review and analyze the Debtors' proposed business plans and
general financial condition;
(c) assist in assessing and monitoring short-term cash flow,
liquidity, and operating results;
(d) review and analyze the Debtors' reporting on cash
collateral and debtor-in-possession financing arrangements;
(e) assist in reviewing reports or filings as required by the
Bankruptcy Court or the U.S. Trustee;
(f) evaluate proposed employee incentive, retention, severance
and separation plans;
(g) analyze assumption and rejection matters with respect to
executory contracts and leases;
(h) engage on behalf of the Committee with the Debtors in their
postpetition sale process;
(i) analyze cost containment and redeployment opportunities;
(j) assist in the evaluation of proposed asset sales;
(k) review and analyze the Debtors' capital structure;
(l) prepare enterprise, asset, and liquidation valuations;
(m) assist in the review and preparation of information
necessary for plan confirmation;
(n) conduct solvency analysis in connection with potentially
avoidable transfers and preferences;
(o) assist in evaluating reorganization strategy and
alternatives for unsecured creditors;
(p) provide advice and assistance in negotiations with Debtors
and stakeholders;
(q) attend meetings and teleconferences on behalf of the
Committee;
(r) provide litigation consulting services and expert witness
testimony regarding confirmation issues; and
(s) perform other financial advisory functions requested by the
Committee or its counsel.
Huron's requested compensation will be based on these hourly
billing rates:
–- Managing Director: $1,075 to $1,400
–- Senior Director: $985
–- Director: $825
–- Manager: $675
–- Associate: $550
–- Analyst: $475
Huron is a "disinterested person" within the meaning of Section
101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached at:
Huron Consulting Services LLC
2651 N Harwood St
Dallas, TX 75201, USA
Telephone: (214) 365-2500
About RunItOneTime LLC
RunItOneTime LLC, formerly known as Maverick Gaming LLC,
headquartered in Kirkland, Washington, is a regional casino and
cardroom operator across Washington State, Nevada, and Colorado.
The company operates a portfolio of 31 properties, with 1,800 slot
machines, 350 table games, 1,020 hotel rooms, and 30 restaurants.
Maverick was founded in 2017 by Eric Persson and Justin Beltram,
who hold over 70% ownership in the company.
RunItOneTime LLC and 67 affiliates sought relief under Chapter 11of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90191) on
July 14, 2025. In its petition, RunItOneTime estimated assets and
liabilities between $100 million and $500 million each.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Latham & Watkins LLP as counsel; and Hunton
Andrews Kurth LLP, as bankruptcy co-counsel. The Debtors also
engaged GLC Advisors & Co., LLC and GLC Securities, LLC, as
investment banker, and Triple P TRS, LLC as financial advisor. The
Debtors' tax advisor is KPMG LLP.
RYLIE DAVIS: Court OKs Alpharetta Property Sale to 4015 Discovery
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Georgia,
Gainesville Division, has granted Rylie Davis Property LLC, to sell
Property located at 4015 Discovery Dr., Alpharetta, Georgia 30004,
free and clear of liens, claims, interests, and encumbrances.
The Property is the location of a daycare facility owned and
operated by Hart & Hart Investments, Inc. under a franchise
agreement with Discovery Point Franchising, Inc (Franchisor).
The Debtor and Hart & Hart are affiliates of each other by virtue
of common ownership. Mr. David Hart and Ms. Tammy Hart each hold
50% ownership interest in both the Debtor and Hart & Hart.
The Court has authorized the Debtor to sell the Property to 4015
Discovery LLC for $3,390,000.00.
The Debtor may sell the Property free and clear of all liens,
claims and encumbrances.
Upon closing of the Sale, all liens, claims, and encumbrances on
the Property shall attach to the proceeds of the Sale to the same
extent, validity, and priority as they existed on the Petition
Date.
The Debtor is authorized to take all actions necessary to close the
Sale and to comply with the Purchase Agreement.
The closing agent is authorized to pay all closing-related
expenses, including but not limited to, outstanding property taxes,
utilities, brokerage fees or commissions, or other associated
itemized closing expenses, and then all undisputed amounts owed to
the holder of the first priority lien on the Property, the second
priority lien on the Property, and the third priority lien on the
Property. Any remaining proceeds shall be held in escrow with the
Debtor’s attorney.
About Rylie Davis Property, LLC
Rylie Davis Property, LLC leases commercial and residential real
estate and participates in equity REITs focused on property
leasing.
Rylie Davis Property sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No.: 25-21226) on August 29,
2025. In the petition was signed by David Hart as owner, the
Debtor
reports an estimated assets of $1 million to $10 million and
estimated liabilities of $1 million to $10 million.
William Rountree, Esq., at ROUNTREE, LEITMAN, KLEIN & GEER, LLC,
represents the Debtor as legal counsel.
S&S FOODS: Unsecured Creditors Will Get 15% Dividend in Plan
------------------------------------------------------------
S&S Foods, Inc. filed with the U.S. Bankruptcy Court for the
District of Massachusetts a Plan of Reorganization under Subchapter
V dated September 2, 2025.
The Debtor is a Massachusetts business corporation formed in March
2018, and does business at 721 Gloucester Crossing Road,
Gloucester, Ma.
Sideir Oliveira is President and holds a 50% shareholder interest
in the corporation. His spouse Stefany Gomes-Marques is the holder
of the other 50% interest in the corporation and serves as its
Treasurer and Secretary. Its main business consists of preparing
and serving Italian food and pizza for dining in and take out as
well as delivery.
Prior to the Petition Date, the Debtor operated its Pizza and Grill
restaurant located in the Gloucester Mall, purchasing it as an
ongoing entity in 2019 from Firing Up Pizza & Grill, Inc. in 2019.
Mr. DeOliveira, the Debtor's principal, was a long time employee of
Firing Up Pizza and Grill, Inc. Beginning with COVID-19 national
pandemic, the Debtor was faced with loss of income and with the
potential loss of employees.
Beginning in 2023, the Debtor started falling in arrears to the
Massachusetts Department of Revenue for meals taxes. The Debtor
made the choice to seek financing from several merchant cash
advance entities in 2024 and 2025. These companies had access to
the point of sales systems of the Debtor and while it was hoped
that the cash flow would improve, the exact opposite occurred and
each of merchant cash advance lenders became more aggressive at the
same time that the meals taxes arrears became more acute.
Class One shall include all general unsecured non-priority claims
of S & S Foods, Inc. The total for filed and scheduled General
Unsecured Claims against the Debtor is approximately $584,158.00.
This includes the undersecured portion ($34,000.00) of Paz Funding
Source's claim, the claim of Essential Funding Group of $13,244.32,
and the $120,000.00 claim of Corporation Service Company aka
Forward Financing, LLC is entirely unsecured.
In full and complete satisfaction, settlement, release and
discharge of the Class 1 Claims, each holder of the Allowed Class 1
Claim shall receive a pro rata share of the net disposable income
as set forth in the Debtor's projections. Pursuant to Section 1191
of the Code, the plan provides that all of the projected disposable
income of the Debtor to be received in the 3-year period, beginning
on the date that the first payment is due under the plan will be
applied to make payments under the plan.
Corporation Service Company, As Representative, aka Forward Finance
LLC at the time of the petition, had a security interest in all
accounts receivables of the Debtor pursuant to a UCC Filing dated
May 13, 2025. Debtor held assets as of September 2, 2025 valued at
$71,000. Corporation Service Company aka Forward Financing's claim
of $120,000.00 is subject to the $34,000.00 secured claim of
Olympus Lending and $37,000.00 secured claim of Paz Funding Source
LLC. Therefore, this claim is unsecured. The claim of $120,000.00
is treated as an unsecured claim.
Essential Funding Group, Inc. at the time of the petition, had a
security interest in all of the assets of the Debtor pursuant to a
UCC Filing dated May 28, 2025. Debtor held assets as of September
2, 2025 valued at $71,000. Essential Funding Group, Inc's claim of
$13,245.00 is subject to the $34,000.00 secured claim of Olympus
Lending and $37,000.00 secured claim of Paz Funding Source LLC.
Therefore, this claim is unsecured. The claim of $13,245.00 is
treated as an unsecured claim.
The members of this Class have claims totaling approximately
$584,000.00. Based on the attached Budget Exhibit B, the Debtor
will pay this class a minimum of $87,600.00, representing a fifteen
percent dividend of the allowed amount of such claim.
Notwithstanding the monthly projections noted for Class 1 general
unsecured creditors, The Debtor shall make quarterly disbursements
within ten days of the beginning of each quarter.
The amounts to be paid to general unsecured creditors are based on
the Debtor's projections and is a guaranteed floor amount and may
be increased based on the Debtor's actual disposable income as
defined under Section 1191 of the Code. To the extent that the
actual disposable income is greater than projected, this would lead
to a correspondingly higher dividend to Class 1 claimants. Class 1
is impaired under the Plan.
The holders of Class 4 Interests will retain such Interests in the
Debtor.
This Plan will be funded with available cash or working capital,
and cash flow from ongoing business operation. The Debtor will
continue to operate in the ordinary course of business. Pursuant to
section 1190(2) of the Bankruptcy Code, the Plan provides for the
submission of all or such portion of the future earnings of the
Debtor as is necessary for the execution of the Plan.
A full-text copy of the Plan of Reorganization dated September 2,
2025 is available at https://urlcurt.com/u?l=Q1hJDh from
PacerMonitor.com at no charge.
About S&S Foods, Inc.
S&S Foods, Inc., is a Massachusetts business corporation formed in
March 2018, and does business at 721 Gloucester Crossing Road,
Gloucester, Ma.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-11148) with $0 to
$50,000 in assets and $0 to $50,000 in liabilities.
Judge Christopher J Panos oversees the case.
The Debtor is represented by:
John F. Sommerstein
Law Offices Of John F. Sommerstein
1091 Washington Street
Gloucester, MA 01930
Tel: (617) 523-7474
Email: jfsommer@aol.com
SAKS GLOBAL: S&P Upgrades ICR to 'CCC', Outlook Negative
--------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on luxury
retailer Saks Global Enterprises LLC to 'CCC' from 'SD' (selective
default).
At the same time, S&P withdrew its issue-level rating on the former
$2.2 billion senior secured notes following the exchange at the
issuer's request.
The negative outlook reflects that S&P could lower its rating if
there is a short-term default risk should Saks Global cannot build
a sufficient liquidity position while it invests to stabilize
operating performance.
Saks Global completed its debt restructuring in August 2025,
including almost $600 million of new money ($300 million prefunded
in June) and an exchange of its $2.2 billion senior secured notes.
S&P said, "We believe the capital structure remains unsustainable,
and a continued free operating cash flow (FOCF) deficit is likely
to pressure liquidity over the next 12 months.
"Our 'CCC' rating reflects default risk in the next 12 months
without improvement. Saks Global exchanged its $2.2 billion
maturity notes into $762.5 million special purpose vehicle notes
($162.5 million from the exchange and $600 million of new money)
issued by SGUS LLC, $1.4 billion second-out notes, and $441 million
third-out notes issued by Saks Global, all maturing in 2029. A
small portion of nonconsenting lenders remained in the existing
facility issued in December 2024, with covenants removed and a
lower priority in the capital structure. The transaction resulted
in a discount of approximately $115 million of the original face
value. Saks Global plans to use the proceeds to pay down part of
its $1.8 billion asset-based lending (ABL) facility, which had $1.1
billion outstanding as of July 16, 2025; repay vendors; and invest
in synergies from the Neiman Marcus Group acquisition.
"While the new capital structure provides a much-needed infusion of
cash, we expect liquidity will be rapidly depleted by the
investments required to stabilize the business amid a challenging
macroeconomic environment. Longer-term, the elevated outstanding
debt is an additional hurdle to the company's ability to generate
FOCF.
"We expect EBITDA will be lower than interest expenses. Reported
FOCF deficit improved to $184 million in the first quarter compared
to $197 million in the prior year, driven by a working capital
inflow of $74 million. Saks Global has focused on improving working
capital management. We expect the company to generate about $500
million of reported FOCF deficit in this year, partially driven by
nonrecurring expenses related with the capital structure
transaction, acquisition and higher interest expenses. We forecast
interest expense of about $400 million over the next 12 months
compared to $234 million in fiscal 2024. As a result, we expect the
company will continue to heavily rely on its ABL facility. We
believe there's risk of another default absent significant
improvement. We continue to view liquidity as less than adequate
despite the financial package.
"In-stock inventory improvement is critical for Saks Global's
competitive position. While the Neiman Marcus Group acquisition
meaningfully increased its business operation scale and customer
base, continued inventory issues following the COVID-19 pandemic
have constrained sales. Revenue increased 78% on a reported basis
in the first quarter due to the acquisition but decreased 14% on a
pro forma basis. This follows declines of 15% in fiscal 2024 and
11% in fiscal 2023 due to a disruption of inventory flow. Saks
Global has stretched payables in response to liquidity challenges
in the past, which caused vendors to withhold inventory receipts.
As part of its turnaround initiatives, the company has focused on
improving its in-stock inventory position and working capital
management by negotiating longer terms with its main vendors and
addressing overdue payments. In addition, the company has
capitalized on partnerships with Amazon.com Inc., Authentic Brands
Group LLC, Reliance Premium Brands and Salesforce Inc. to leverage
asset-light growth.
"We forecast pro-forma revenue will decline 4% in 2026 as Saks
continues to improve inventory and implement turnaround
initiatives. In our view, the company's competitive advantage will
weaken as competitors with more financial capacity increase share,
which will require additional effort and resources to reengage its
customer base.
"Saks Global operates in the luxury segment and has exposure to
high-income customers, with the top 5% responsible for about 50% of
gross merchandise value, which we view as more resilient. The
company has underperformed the industry because of a
less-than-adequate in-stock inventory position, despite a loyal
following and market position.
"We expect the company will continue to invest in synergies. S&P
Global Ratings-adjusted EBITDA margin remained compressed ending
the first quarter at negative 3.1%. Saks Global has identified $100
million in additional synergies in the first quarter, now totaling
about $600 million, and expects to realize up to 80% over the next
two years. A large portion of the synergies will come from labor
expense. We forecast an adjusted EBITDA margin of 2% this year,
further improving to 5% in 2026 due to synergies and fewer
nonrecurring expenses related with the transaction and debt
restructuring. While potential cost savings from synergies are
significant, we believe liquidity constraints can delay
implementation. In addition, we believe operating deleverage will
continue to compress profitability if Saks cannot stabilize its
business.
"The negative outlook reflects that we could lower our rating if
there is a short-term default risk should Saks Global cannot build
a sufficient liquidity position while it invests to stabilize
operating performance."
S&P could lower its rating on Saks Global if it envisions a
specific default scenario over the next six months. This could
occur if the company:
-- Cannot improve its in-stock inventory position;
-- Cannot improve its FOCF deficit and liquidity deteriorates; or
-- Is likely to execute another debt restructuring that S&P would
view as tantamount to default.
S&P could raise the rating on Saks Global if S&P expects it to
improve FOCF and alleviate liquidity pressure.
SAMARITAN MEDICAL: S&P Affirms 'BB' Rating on 2017A/B Revenue Bonds
-------------------------------------------------------------------
S&P Global Ratings affirmed its 'BB' long-term rating on Jefferson
County Civic Facility Development Corp., N.Y.'s series 2017A and
2017B hospital revenue bonds, issued for Samaritan Medical Center
(SMC).
The outlook is stable.
SMC's higher social capital risk, tied to a limited population base
with negative population and employment growth projections, is
incorporated into our credit view and could affect performance
given vulnerability to volume shifts related to the limited patient
base. S&P said, "We also view SMC's reliance on state supplemental
funding as increasing its social risk, as it leaves the hospital
and affiliated entities, such as its two long-term care facilities,
particularly vulnerable to potential changes in the programs'
payment methodologies and reimbursement rates. We believe the
recently passed U.S. tax and spending bill further exacerbates this
risk, as it includes cost-cutting Medicaid provisions that will
likely constrain supplemental funding at the state level. However,
as noted earlier in this report, we believe the extended
implementation timeline for some of the provisions partially
mitigates this risk by allowing ample time for both the state and
SMC to adapt and prepare for the expected changes."
S&P said, "We have also analyzed SMC's environmental and governance
factors and determined that both are neutral within our credit
rating analysis.
"The stable outlook reflects our expectation that SMC's operating
performance improvement will be sustained, resulting in healthy
MADS coverage and an incremental replenishment of unrestricted
reserves, while enterprise characteristics remain in line with its
existing profile. The outlook assumes no meaningful new debt
issuances over the next two years and a continuation of the current
deleveraging trend.
"An unfavorable outlook revision or lower rating could be warranted
if financial performance declines to levels that we see as no
longer consistent with the rating or if there is meaningful
deterioration in balance sheet metrics, particularly DCOH. A
significant reduction in supplemental funding beyond our
expectations or a rapid erosion of enterprise profile
characteristics, particularly market share or additional economic
weakness, could also result in rating pressure.
"We could consider a favorable outlook revision if SMC continues
its current trend of positive operating performance, including
growth in margins through year-end 2025, while growing unrestricted
reserves and strengthening balance sheet-related metrics,
particularly DCOH. We would also expect SMC to maintain its current
enterprise profile strengths."
SAY IT VISUALLY: Unsecured Creditors to Split $14K in Plan
----------------------------------------------------------
Say it Visually, Inc., filed with the U.S. Bankruptcy Court for the
Western District of Washington a Plan of Reorganization dated
September 2, 2025.
The Debtor creates video content which is then licensed to various
businesses. The company has created and copyrighted hundreds of
"explainer" videos, and has developed a proprietary software system
enabling branding and management of individual sets of videos for
the end customers.
The customers are businesses in the vertical markets for which the
Debtor has created content for, which include title insurance, real
estate, mortgage, and lawyers. The content is only available to the
Debtor's customers as a streaming service.
The Debtor filed a petition under Chapter 11 Subchapter V on August
1, 2025 (herein the "Petition Date") in an effort to reorganize the
outstanding debt owed and allow the Debtor to continue operating.
This Plan provides for unclassified administrative claims, one
class of secured claims, one class of unsecured claims, and one
class of equity security holders.
Class 2 consists of General Unsecured claims. Allowed Class 2
claims will be paid a prorata share of $14,100.00. Payments will be
made in the amount of $100.00 per month beginning October, 2025 and
increase to $600.00 per month after payment of allowed
administrative fees to the Subchapter V Trustee and Neeleman Law
Group. Payments will continue until the amount set forth is paid.
This Class is impaired.
The Plan will be funded with revenue from the Debtor's operation.
The Debtor's projected Income and Expenses from October, 2025 to
September, 2028 as supported by the attached declaration of Matthew
Dunn. It is anticipated the Debtor's fixed expenses will remain
relatively constant moving forward with variable expenses
increasing proportionately with revenue. Debtor expects the income
and expenses to remain consistent through the life of the Plan.
The Reorganized Debtor shall continue to own, maintain, operate and
manage the Business without further notice or order of the
Bankruptcy Court. Creditors may not take any actions against the
Debtor/Reorganized Debtor (including, without limitation, lawsuits
or other legal actions, levies, attachments, or garnishments) to
enforce or collect either pre-confirmation obligations of the or
obligations due under the Plan, so long as the Debtor is not in
material default under the Plan.
A full-text copy of the Plan of Reorganization dated September 2,
2025 is available at https://urlcurt.com/u?l=gclvys from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Thomas D. Neeleman, Esq.
Jennifer L. Neeleman, Esq.
NEELEMAN LAW GROUP, P.C.
1403 8th Street
Marysville, WA 98270
Telephone: (425) 212-4800
Facsimile: (425) 212-4802
Email: jennifer@neelemanlaw.com
About Say It Visually Inc.
Say It Visually Inc., doing business as Fast Forward Stories, a
visual communication services provider based in Bellingham,
Washington.
Say It Visually Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. W.D. Wash. Case No.
25-12153) 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 W. Dore handles the case.
The Debtor is represented by Jennifer L. Neeleman, Esq. and Thomas
D. Neeleman, Esq. at Neeleman Law Group, P.C.
SEBA ABODE: Unsecured Creditors Will Get 20% of Claims in Plan
--------------------------------------------------------------
Seba Abode, Inc., filed with the U.S. Bankruptcy Court for the
Western District of Pennsylvania a Plan of Reorganization for Small
Business dated September 2, 2025.
The Debtor is a home, non-medical health care business. It is a
Franchisee of Brightstar Franchising, LLC. The Debtor provides in
home care for seniors, adults and children.
The Debtor was established in 2010 and at 400 Mount Lebanon Blvd.,
Pittsburgh, Pennsylvania 15234. The business was formed and started
by Uday Roy, who passed away in approximately 2023. His spouse,
Ranjana Roy, succeeded to his ownership interest.
The Debtor's case was necessitated by economic and business
conditions that occurred in the prior three to four years. In
particular, due to financial difficulties, the Debtor was the
subject of two class action suits alleging unpaid wages and/or
other benefits to its employees. One filed in the United States
District Court for the Western District of Pennsylvania, and one in
the Court of Common Pleas of Allegheny County.
The Plan proposes to pay the Debtor's creditors from cash flow from
operations and a sale of assets.
The Plan proposes to pay administrative and priority claims in full
unless otherwise agreed. The Debtor estimates 20% will be paid on
account of general unsecured claims pursuant to the Plan.
Additional amounts may be paid to the extent that the Debtor
recovers additional proceeds on the recovery of outstanding loans.
Class 4 consists of General Unsecured Claims. The total amount of
this class of creditors is $128,308.11. This class of Creditor will
receive a distribution of 20%, totaling with the total being paid
to this class of $19,246.22. The monthly payment to these creditors
being $320.77. These creditors will be paid the same percentage as
the creditors in class 5. This Class is impaired.
Class 5 consist of the class action wage claims. The total amount
of this class of creditors is $3,657,795.71, which amount is
disputed. This class of Creditor will receive a distribution of
15%, of their allowed claim, with the total payment to this class
of $548,669.36, presuming their entire claim amount is not objected
to or is otherwise confirmed after a claim objection. The monthly
payment to these creditors will be $9,144.49. These creditors will
be paid the same percentage as the creditors in class 4.
Class 7 consists of Equity ownership of Ranjana Roy, Vishal Sheth
and Neeta Sheth. No payments will be made to this class.
The Plan will be funded through ongoing revenue generated by
continued business operations as well as the sale of the
Monroeville and Erie Location of the Debtor. It is anticipated that
the sales will generate approximately a gross sale price
$150,000.00, which amount may in fact be higher at time of sale.
The sales will negatively impact monthly revenue in the short term
but will allow the Debtor to fund this Plan and allow the Debtor to
optimize operations at its two remaining locations.
The proceeds of the sale will be utilized to make Plan payments as
well as to fund the continued operations of the Debtor. To the
extent that the claim of the IRS is required to be paid from the
proceeds of the sale, the IRS will receive a distribution at that
time and its claim will be reduced accordingly until such time as
it is paid in full. Furthermore, all expenses of the Debtor in
completing the sale will be paid from the proceeds thereof, with
any necessary funds withheld to ensure that all taxes and other
obligations that arise from the sale are timely paid.
A full-text copy of the Plan of Reorganization dated September 2,
2025 is available at https://urlcurt.com/u?l=6ZCsgW from
PacerMonitor.com at no charge.
Counsel to the Debtor:
David L. Fuchs
Fuchs Law Office LLC
554 Washington Avenue
Carnegie, PA 15106
Telephone: (412) 223-5404
Facsimile: (412) 223-5406
Email: dfuchs@fuchslawoffice.com
About Seba Abode
Seba Abode Inc. operating as BrightStar Care, a home health care
services provider in Pittsburgh, Pennsylvania.
Seba Abode Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-21000) on April 18,
2025. In its petition, the Debtor estimated assets up to $50,000
and estimated liabilities between $100,000 and $500,000.
The Debtor is represented by David L. Fuchs, Esq. at Fuchs Law
Office, LLC.
SF OAKLAND: Seeks to Use Cash Collateral
----------------------------------------
SF Oakland Bay, LLC asks the U.S. Bankruptcy Court for the Northern
District of California for authority to use cash collateral and
provide adequate protection.
The Debtor seeks to use revenues generated from its parking garage
and funds in its JP Morgan bank accounts to cover ordinary
operating and administrative expenses. These funds constitute cash
collateral secured by these creditors:
1. Bank of Hawaii, which holds a first-position deed of trust on
the garage, including a security interest in "rents" and
"personalty" (which encompasses the Debtor's bank accounts). The
Bank of Hawaii has stipulated in writing to the Debtor's use of its
cash collateral.
2. U.S. Small Business Administration, which holds a
second-position lien securing a loan, perfected by a financing
statement. The Debtor proposes to maintain current payments on the
loan and offer a replacement lien on newly generated cash as
adequate protection.
3. 21st Century Corporation, which holds a third-position lien
via a second deed of trust recorded in April, with a standard
clause granting an interest in rents and profits. 21st Century is
an insider and has consented to the use of cash collateral.
4. Continental Casualty Insurance, which holds a fourth-priority
lien created via a personal property judgment lien filed on June 27
to enforce a judgment by the Portside
Homeowners' Association (its assignor). This lien was recorded less
than 90 days prior to the bankruptcy petition, rendering it a
preferential transfer. The Debtor asserts that no adequate
protection is required for this lien and asks the court to
disregard it when granting the motion.
The Debtor operates a parking garage located at 401 Main Street/38
Bryant Street in San Francisco, which serves nearby condominiums,
offices, and residences. The entire operating revenue of the Debtor
derives from monthly parking fees, which are essential for
maintaining ongoing business operations.
The financial distress prompting the bankruptcy filing stems from
long-standing license agreements recorded in the 1980s and 1990s
that restrict the Debtor's ability to raise parking fees, even as
its operating costs have continued to rise without similar limits.
The Debtor initiated the Chapter 11 case to reject those outdated
agreements, raise parking rates to market levels, and restore the
parking facility's financial sustainability.
A copy of the motion is available at https://urlcurt.com/u?l=xoJvdM
from PacerMonitor.com.
About SF Oakland Bay LLC
SF Oakland Bay, LLC operates a parking garage located at 401 Main
Street/38 Bryant Street in San Francisco, which serves nearby
condominiums, offices, and residences.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Calif. Case No. 25-30699) on September
3, 2025, listing up to $10 million in assets and liabilities.
Judge Hannah L. Blumenstiel oversees the case.
Peter Hadiaris, Esq., at the Law Office of Peter N. Hadiaris,
represents the Debtor as bankruptcy counsel.
SIGNIA LTD: Amends Unsecured Claims Pay Details
-----------------------------------------------
Signia, Ltd., submitted a Disclosure Statement describing Second
Amended Plan of Reorganization dated September 3, 2025.
The Plan provides for the continued operation of the Debtor,
payments as required under the Bankruptcy Code to the Holders of
Allowed Administrative and Tax Claims, the subordination of certain
Insider Allowed Unsecured Claims, and payments over a five-year
period to the Holders of non-Insider Allowed Unsecured Claims,
initially funded with 75% of the Debtor's Net Profits until
reserves in the amount of $120,000 have been established, after
which time the Debtor will pay 100% of Net Profits to such
claimants.
As set forth in the projections, the Debtor projects distributing
$2,409,274 to the Holders of Allowed Administrative Claims and
Allowed Unsecured Claims over the life of the Plan. The Debtor
projects Holders of non-Insider Allowed Unsecured Claims will
receive payment of 51% of their Allowed Claims, if the Claim of
Male Excel Medical P.A. and Male Excel Inc. is Allowed in its
entirety. If the Claim of Male Excel is disallowed, the Debtor
projects Holders of non-Insider Allowed Unsecured Claims will be
paid in full and a substantial distribution will be made to the
Holders of Insider Allowed Unsecured Claims.
Class 3 consists of all Allowed Unsecured Claims except those
Allowed Unsecured Claims treated under Class 4. The Holders of
Allowed Class 3 Claims shall be paid their pro rata share of the
Reorganized Debtor's Net Profits Fund, on a quarterly basis for 20
quarter beginning after the first full calendar quarter after the
effective date. Distributions to Class 3 claimants shall not exceed
the amount of the Allowed Unsecured Claims.
As of the effective date, Class 3 will consist of 25 Unsecured
non-Insider claims in the total filed and scheduled amount of
$4,763,799.50. Of this amount, approximately 94% is attributable to
the $4,469,565.48 contested claim of Male Excel.
Class 4 consists of the Allowed Unsecured Claims of Sulit Group,
Ltd, National Research and Polling Group, Ltd., JAFT, Vero
Investment Company, Alfred Trexler and DialCloud LLC. In the event
Allowed Class 3 Claims are paid in full and only after such Claims
are paid in full, the Holders of Allowed Class 4 Claims shall be
paid their pro rata share of the Reorganized Debtor's Net Profits
Fund, on a quarterly basis, for the remainder of the five-year
period after the effective date. Distributions to Class 4 claimants
shall not exceed the amount of the Allowed Unsecured Claims.
Payments due under the Plan will be made from cash generated from
the Reorganized Debtor's post-Confirmation operations.
Administrative Claims and Tax Claims shall be paid on the effective
date of the Plan or as otherwise agreed by the Holder of the Claim.
The Secured Claim of the SBA will be paid in twelve or less regular
monthly installments.
Payments to the Holders of Allowed Class 3 and Class 4 Claims will
be made over a five-year period, initially funded with 75% of the
Debtor's Net Profits until reserves in the amount of $120,000 have
been established, after which time the Debtor will pay 100% of Net
Profits to such claimants. The purpose of establishing a reserve is
to ensure that the Debtor has adequate cash available to fund its
operating expenses in the event of periods in which the Debtor's
revenues do not exceed expenses.
A full-text copy of the Disclosure Statement dated September 3,
2025 is available at https://urlcurt.com/u?l=ibcI64 from
PacerMonitor.com at no charge.
Signia, Ltd., is represented by:
David V. Wadsworth, Esq.
Aaron J. Conrardy, 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: dwadsworth@wgwc-law.com
aconrardy@wgwc-law.com
About Signia, Ltd.
SIGNIA provides the full spectrum of customer service and care from
order and payment processing to customer inquiries and timely
follow-up to Tier 1 support.
Signia, Ltd., filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. 24-13438) on June 20, 2024,
listing $507,431 in assets and $10,081,009 in liabilities. The
petition was signed by Jeffrey Fell as CEO.
Judge Thomas B. McNamara presides over the case.
David V. Wadsworth, at WADSWORTH GARBER WARNER CONRARDY, P.C., is
the Debtor's counsel.
SILICON VALLEY: Owes Over $76MM Taxes to State, Says California
---------------------------------------------------------------
Anna Scott of Law360 reports that the former parent company of
Silicon Valley Bank is facing more than $76 million in tax
liabilities to California on investment income earned in the years
before its failure, the state's taxing authority said in a New York
bankruptcy filing.
About Silicon Valley Bank
Silicon Valley Bank was the nation's 16th largest bank and the
biggest to fail since the 2008 financial meltdown.
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, 2023, the California Department of Financial Protection
and Innovation seized SVB and placed it under the receivership of
the Federal Deposit Insurance Corporation (FDIC).
The FDIC on March 13, 2023, disclosed that it transferred all
deposits -- both insured and uninsured -- and substantially all
assets of the former Silicon Valley Bank of Santa Clara,
California, to a newly created, full-service FDIC-operated "bridge
bank" in an action designed to protect all depositors of Silicon
Valley Bank.
SVB Financial Group 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.
On March 17, 2023, SVB Financial Group sought Chapter 11 bankruptcy
protection (Bankr. S.D.N.Y. Case No. 23-10367). The Hon. Martin
Glenn is the bankruptcy judge. The Debtor had assets of
$19,679,000,000 and liabilities of $3,675,000,000 as of Dec. 31,
2022. Centerview Partners LLC is proposed financial advisor,
Sullivan & Cromwell LLP proposed legal counsel and Alvarez & Marsal
proposed restructuring advisor to SVB Financial Group as
debtor-in-possession. Kroll is the claims agent.
On June 13, 2023, a collective of depositors of the Silicon Valley
Bank (Cayman Islands Branch) filed a petition with the Court
seeking an order that SVB Cayman be wound up and liquidators be
appointed under the provisions of the Companies Act (2023 Revision)
on the grounds that the Company is insolvent.
On June 29, 2023, the Grand Court of the Cayman Islands appointed
Andrew Childe and Michael Pearson of FFP limited in the Cayman
Islands and Niall Ledwidge from Stout in New York, United States as
Joint Official Liquidators of SVB Cayman.
Liquidators of Silicon Valley Bank (Cayman Islands) filed a Chapter
15 bankruptcy petition (Bankr. S.D.N.Y. Case No. 24-10076) on Jan.
18, 2024. The Liquidators' counsel in the U.S. case is Warren E.
Gluck, Esq. at Holland & Knight LLP.
SION HOMES: Seeks Chapter 7 in Florida
--------------------------------------
Eman Elshahawy of South Florida Business Journal reports that after
more than 20 years of building multimillion-dollar mansions across
South Florida, Sion Homes Construction has sought Chapter 7
protection in the U.S. Bankruptcy Court for the Southern District
of Florida on August 29, 2025.
The Miami-based luxury developer disclosed in its filing that it
owes over $1 million in debts while holding less than $1,000 in its
bank accounts. Its petition lists multiple unsecured creditors,
including subcontractors and suppliers tied to its high-end
residential projects, the report related.
Court records show that despite its reputation for constructing
upscale estates, the company has limited assets to offset its
mounting obligations. The filing indicates that Sion Homes will
attempt to reorganize while addressing outstanding liabilities.
About Sion Homes Construction
Sion Homes Construction is a Miami-based general contractor
recognized for building luxury custom estates throughout South
Florida, with projects in exclusive communities such as Miami
Beach, Key Biscayne, Coconut Grove, and Coral Gables.
Sion Homes Construction sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-20111) on August 29,
2025. In its petition, the Debtor reports more than $1 million in
debt.
Honorable Bankruptcy Judge Corali Lopez-Castro handles the case.
The Debtor is represented by Timothy S Kingcade, Esq.
SIYATA MOBILE: Amends Merger Agreement With Core Gaming
-------------------------------------------------------
Siyata Mobile Inc. disclosed in a Form 6-K Report filed with the
U.S. Securities and Exchange Commission that the Company, as
purchaser, entered into an Amended and Restated Merger Agreement
(the "A&R Merger Agreement") with Siyata Core Acquisition U.S.,
Inc., Core Gaming, Inc. and certain other parties, which amends and
restates the Merger Agreement dated as of February 26, 2025,
pursuant to which Core Gaming will merge with and into Siyata Core
Acquisition U.S., with Core Gaming continuing as the surviving
entity and a wholly owned subsidiary of the Company (the "Surviving
Corporation").
Among other things, the A&R Merger Agreement adds Siyata PTT,
Siyata Mobile Israel Ltd. and Signifi Mobile Inc. (collectively,
the "PTT Subsidiaries") as limited-purpose parties for specified
provisions and designates Marc Seelenfreund as a limited-purpose
party in respect of certain covenants. The A&R Merger Agreement
also contemplates additional ancillary agreements, including an
option grant agreement between BSD Capital Group Ltd., which is
wholly owned by Marc Seelenfreund, and Purchaser and a director
agreement between Purchaser and Mr. Seelenfreund to be entered into
prior to the closing of the transactions contemplated by the A&R
Merger Agreement.
The A&R Merger Agreement provides that, prior to the effective time
of the Merger, Core Gaming will procure and prepay a one-year
"tail" policy extending Purchaser's and its subsidiaries' existing
directors' and officers' liability coverage with an aggregate limit
of at least $10 million; Purchaser may, at its discretion, obtain
an additional "tail" policy providing up to five additional years
of coverage for pre-Closing events.
The A&R Merger Agreement provides that, from and after the
Effective Time, cash on hand and cash equivalents of the PTT
Subsidiaries will be segregated from Purchaser and the Surviving
Corporation and used solely to operate the PTT Retained Business
(as defined in the A&R Merger Agreement) under the oversight
contemplated thereby, and that operations of the PTT Retained
Business will be funded exclusively from such cash on hand and
future operating cash flows or asset sales of the PTT Subsidiaries.
The parties also agreed that, from and after the Effective Time,
the PTT Subsidiaries will not:
(i) incur any new indebtedness or amend or extend the term of
any existing indebtedness, other than intercompany indebtedness and
trade payables in the ordinary course of business, or
(ii) authorize for issuance, issue, grant, sell, pledge,
dispose of or propose to issue, grant, sell, pledge or dispose of
any of their securities.
In addition, Purchaser agreed to certain negative covenants that
require Mr. Seelenfreund's prior written consent before Purchaser
takes specified actions with respect to the PTT Subsidiaries,
including amendments to organizational documents, equity issuances
or transfers, asset sales, dividends or distributions, loans or
guarantees, incurrence of liens, material accounting changes,
liquidations or restructurings, or agreements to take any of the
foregoing.
The A&R Merger Agreement includes a post-Closing indemnification
regime under which the PTT Subsidiaries, jointly and severally,
will indemnify Purchaser, the Surviving Company and their
affiliates (other than the PTT Subsidiaries and their affiliates)
against specified "Damages," together with customary procedural
provisions for third-party claims.
The A&R Merger Agreement also provides for certain post-Closing
disbursements by the Surviving Corporation and Purchaser to Siyata
PTT (or another designated PTT Subsidiary), including:
(i) an aggregate of $1,080,000 payable upon the occurrence of
defined Subsequent Financings,
(ii) $100,000 for each $10 million raised in any Subsequent
Financing, up to the amount Purchaser paid for any "tail" insurance
policy, and
(iii) reimbursement of Core Gaming's legal fees and expenses up
to $250,000 upon the Purchaser's, the Surviving Corporation's or
any of the Surviving Corporation's subsidiaries' receipt of at
least $30 million in aggregate gross proceeds from Subsequent
Financings, in each case subject to the conditions set forth in the
A&R Merger Agreement.
If the A&R Merger Agreement is terminated and Purchaser (or any
subsidiary) within 90 days thereof enters into an agreement,
agreement-in-principle or letter of intent for, or within nine
months thereof consummates, a Post-Termination Transaction, as
defined in the A&R Merger Agreement, Purchaser will pay Core Gaming
a $4 million termination fee, which fee is agreed to be Core
Gaming's sole and exclusive remedy for such termination, subject to
exceptions described in the A&R Merger Agreement.
The A&R Merger Agreement further addresses expenses, including that
all Purchaser expenses will be paid by Purchaser on or before
Closing, that Core Gaming will deliver a report of its expenses at
Closing, and that, within five business days after the Closing
Date, the PTT Subsidiaries will pay or reimburse Core Gaming's
reasonable and documented expenses.
Consulting Agreement:
Simultaneously on August 25, 2025, Siyata Mobile Israel Ltd. and
Signifi Mobile Inc. entered into a Consulting Agreement with BSD
and Mr. Seelenfreund, effective as of the Effective Time, under
which BSD/Mr. Seelenfreund will provide day-to-day management
services ordinarily associated with the role of Chief Executive
Officer. The Consulting Agreement has a two-year term,
automatically renewable for additional two-year periods, and may be
terminated by Mr. Seelenfreund or Siyata Mobile Israel or Signifi
Mobile for convenience on 12 months' prior written notice (with
specified immediate-termination rights).
The Consulting Agreement provides that BSD is entitled to monthly
consideration of the higher of $35,000 or 120,000 NIS
(approximately $420,000 per year), a quarterly bonus equal to 5% of
Signifi Mobile Inc.'s EBITDA, and an annual and/or discretionary
bonus of up to 100% of the monthly consideration based on Mr.
Seelenfreund's performance as determined by the Board of Directors
of Siyata Mobile Israel (or, in the absence thereof, of Signifi
Mobile).
The Consulting Agreement also includes change-of-control
protections that provide, upon a qualifying termination within 12
months following a Change of Control or Hostile Change of Control,
in each case as defined therein (or upon a qualifying resignation
during such period), for a lump-sum payment equal to 36 months of
Base Consideration and continued quarterly Incentive Bonus payments
for three years, accelerated vesting of outstanding equity awards,
and a requirement that Core Gaming deposit 36 months of the monthly
consideration into escrow immediately prior to a Change of Control
or Hostile Change of Control if those provisions are triggered.
The Consulting Agreement also provides that BSD and Mr.
Seelenfreund will be included under Core Gaming's directors' and
officers' insurance program and will receive indemnification
arrangements consistent with those provided to directors and
officers.
The foregoing summaries of the A&R Merger Agreement and the
Consulting Agreement do not purport to be complete and are
qualified in their entirety by reference to the full text of each
document, filed as Exhibits 2.1 and 10.1, respectively, to the
Report on Form 6-K, available at https://tinyurl.com/eweesefp
About Siyata Mobile
British Columbia, Canada-based Siyata Mobile Inc. is a B2B global
developer and vendor of next-generation Push-To-Talk over Cellular
handsets and accessories. Its portfolio of rugged PTT handsets and
accessories enables first responders and enterprise workers to
instantly communicate over a nationwide cellular network of choice,
to increase situational awareness and save lives. Police, fire, and
ambulance organizations as well as schools, utilities, security
companies, hospitals, waste management companies, resorts and many
other organizations use Siyata PTT handsets and accessories.
As of Dec. 31, 2024, the Company had $14,889,205 in total assets,
$10,967,934 in total liabilities, and a total stockholders' equity
of $3,921,271.
Jerusalem, Israel-based Barzily and Co., the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated March 31, 2025, citing that the Company has suffered
recurring losses from operations, has accumulated significant
losses, has an outstanding loan to financial institutions, and has
an outstanding balance related to the sale of future receipts,
which raise substantial doubt about its ability to continue as a
going concern.
SOLAR BIOTECH: Judge to Approve Post-Sale Ch. 11 Liquidation
------------------------------------------------------------
Ben Zigterman of Law360 Bankruptcy Authority reports that on
Tuesday, September 9, 2025, a Delaware bankruptcy judge said she
would confirm Solar Biotech Inc.'s Chapter 11 liquidation plan,
following the company's $20 million asset sale and settlement of
disputes between its largest secured lender and the unsecured
creditors' committee.
About Solar Biotech
Solar Biotech, Inc. and Noblegen Inc. are biotechnology companies
with nearly five years of experience in scaling biotech designs and
prototypes on a commercial scale. They provide services to
customers in the form of various phases, which are as follows: (i)
concept development; (ii) develop prototypes; (iii) optimize costs;
(iv) use prototype samples for business development and sampling;
and (v) commercialization agreements to help transfer developed
technology into commercial products. By offering a wide range of
services, the Debtors are able to successfully meet the varying
needs of its customers across the biotech market.
Solar Biotech and Noblegen filed Chapter 11 petitions (Bankr. D.
Del. Lead Case No. 24-11402) on June 23, 2024, with $10 million to
$50 million in both assets and liabilities.
Judge Laurie Selber Silverstein oversees the cases.
The Debtors tapped Porzio, Bromberg & Newman, P.C. as bankruptcy
counsel; Newpoint Advisors Corporation as financial advisor; and
Epiq Corporate Restructuring, LLC as 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 Brinkman Law Group, PC as bankruptcy counsel,
Esbrook, PC as Delaware counsel, and Young America Capital, LLC as
financial advisor.
SOLSTICE ADVANCED: S&P Assigns 'BB+' ICR, Outlook Stable
--------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issuer credit rating to
refrigerants and specialty materials company Solstice Advanced
Materials Inc. (Solstice), assuming the spin-off will be
successfully completed at the end of October 2025 or shortly
thereafter. The outlook is stable.
S&P said, "At the same time, we assigned our 'BBB-' issue-level
ratings on the proposed senior secured credit facilities; the
recovery ratings are '1', indicating our view of very high recovery
(rounded estimate: 95%, capped) in the event of a payment default.
"The stable outlook reflects expectations that the spin-off will
progress smoothly without setbacks to the operations, earnings, and
cash flow. Additionally, we forecast total S&P Global
Ratings-adjusted debt to EBITDA will average less than 2x and free
operating cash flow (FOCF) to S&P Global Ratings-adjusted debt will
average just under 15% over the next 12-24 months."
On Aug. 21, 2025, diversified industrials company Honeywell
International Inc. announced the filing of a Form 10 registration
statement detailing information regarding its planned spin-off of
refrigerants and specialty materials company Solstice Advanced
Materials Inc. (Solstice).
Honeywell will also hold an investor day on Oct. 8, 2025, where it
will yield more insight into Solstice's business and value creation
strategy.
As part of the spin-off, Solstice will issue a proposed $1.0
billion revolving facility due 2030 and a $1.0 billion senior
secured term loan B due 2032. The company plans to use the proceeds
to help fund a $1.5 billion dividend to Honeywell in connection
with the spin-off.
Solstice benefits from a leading position in refrigerants, which is
assisted by secular growth tailwinds. A key product in Solstice's
Refrigerants & Applied Solutions (RAS) segment is refrigerants,
which account for almost half of the segment's sales. The company
produces conventional refrigerants (which use hydroflourocarbons;
HFCs) and are being phased out; and low-global-warming-potential
(LGWP) refrigerants (which use hydrofluoroolefins; HFOs) with zero
ozone depletion potential and are a fast-growing, environmentally
friendly product.
Solstice's refrigerants are sold to air conditioning/refrigeration
(HVAC/R) original equipment manufacturers, automotive makers, and
aftermarket wholesalers. They are used by over 60,000 supermarkets
and benefit from strong aftermarket sales. The company's portfolio
of refrigerants is protected by intellectual property patents.
Solstice's other specialty material product offerings also support
its strong profitability. The company also has capabilities in
other specialty materials and chemicals, including LGWP blowing
agents with unique customer-specific formulations; pharmaceutical
packaging with moisture barrier properties; uranium hexafluoride
(UF6) enrichment, which is critical in nuclear power generation;
copper manganese sputtering targets, which are used in
semiconductor manufacturing; high-performance fibers used in
military applications; and research chemicals used in
authentication processes.
Its solid market positions and customer-specific formulations allow
it to generate margins at the high end of the range within the
chemicals industry. S&P believes the company's EBITDA margins in
2024 were comparable with DuPont's 25% and exceeded those of
Element Solutions Inc., Eastman Chemical Co., and competing
refrigerants supplier The Chemours Co. (whose Opteon line is quite
profitable, but companywide profitability has been weighed down by
its titanium dioxide business).
S&P said, "We believe Solstice's margins will stay strong as the
company's operational expertise will drive various profit-enhancing
initiatives through the organization and manufacturing functions.
We believe Solstice's operating system will be akin to Honeywell's
operational expertise in advancing operational safety, efficiency,
and profitability.
"Solstice appears appropriately capitalized with solid credit
measures, following the spin-off and dividend payment to the
parent. We expect Solstice to generate S&P Global Ratings-adjusted
debt to EBITDA of less than 2.0x and FOCF to debt averaging just
under 15% during the next two years. These credit measures are
appropriate for the ratings. Our credit measures include over $60
million of separation costs in 2026."
The company is undertaking roughly $375 million of capital spending
per year during 2026 and 2027, which is higher than our projected
long-term average. It intends to double the site capacity at its
Spokane, Wash. plant to serve fast-growing demand for high
bandwidth memory chips and advanced packaging. It is also spending
on a project at its Colonial Heights, Va. location to develop
lighter-weight, high-performance fibers for the military.
Solstice's cash flow-related credit measures may be temporarily
lighter than normal but should strengthen in the out years as
growth-related capital spending winds down. The $1.5 billion
dividend to Honeywell is a one-time event, and future dividend
outlays averaging roughly 30% of FOCF should be manageable.
S&P said, "We expect Solstice's financial policies to be
appropriate for the ratings, but establishing a track record of
conservatism would be helpful for higher ratings in the future. We
believe Solstice's management is likely to operate the business at
a reported net debt to EBITDA ratio of below 2.0x. We anticipate
this ratio may exceed this figure in the event of opportunistic
acquisition activity, but we expect management will embrace
austerity measures to drive the leverage ratio back below this
long-term target during the near-term period subsequent to the
acquisition's completion. This level, if publicly embraced as a
long-term target, would be sufficiently conservative for higher
ratings, but we would await evidence of the company establishing a
track record of solid operating performance and disciplined
adherence to sound financial policies before we consider a rating
upgrade."
Environmental liabilities are manageable. Solstice is likely to
retain $53 million of environmental liabilities related to asset
retirement obligations at legacy sites, like Honeywell's Delaware
Valley Works facility. S&P views this amount as manageable.
The company does not have any known legacy liabilities related to
PFAS (including PFOA and PFOS), nor does it have any pending or
incoming PFAS-related litigation. The company is unaware of having
ever manufactured or sold those molecules. As such, S&P currently
does not assume any PFAS litigation liabilities in its financial
metric calculations. However, attention has increased regarding
this issue, and future material cases could present downside risk
to our base-case.
Solstice's credit quality is still comparably unfavorable at
present with those of investment-grade companies. Given its status
as an upcoming spin-off entity, Solstice has yet to prove its
performance as a stand-alone company without experiencing
operational disruptions and unexpected charge-offs. S&P expects a
large majority of the separation costs have been identified and
will have been paid for by Honeywell, though Solstice could be
responsible for roughly an additional $60 million of separation
costs. These relate to implementing information technology systems
and exiting transaction services agreements (TSAs).
There is uncertainty around whether the company will incur
additional significant business stand-up costs, as S&P has seen in
other spin-off situations. Solstice's operational scale is smaller
relative to the broader peer group of chemical producers with
similar business risk assessments, and the company has some
concentration in its customer (particularly within refrigeration
and applied solutions) and supplier bases (China exposure).
Management is still in the early stages of establishing a track
record of adhering to conservative financial discipline.
S&P said, "The stable outlook on Solstice reflects our expectation
that the company's credit metrics will remain appropriate for the
rating over the next 12 months. As the company attempts to
establish itself as a stand-alone entity this year, Solstice's
funds from operations (FFO) to debt could exceed 40%, which would
outpace the 25% we expect at this rating. We expect Solstice to
continue generating solid operational performance through secular
demand growth for refrigerants, performance chemicals, and
electronic materials. In our view, management is likely to maintain
an appropriately capitalized balance sheet for the ratings,
exercising prudence about dividend outlays, acquisition spending,
and other capital expenditures.
"We could lower our issuer credit rating on Solstice in the next 12
months if we expect its weighted-average FFO to debt to decline to
less than 25% and remain there for a sustained period. This could
occur if operating performance is worse than expected due to
weakening demand across its end markets, higher-than-expected
post-spin-off stand-alone costs, operational challenges, or
unexpectedly large environmental or litigation expenses. This could
also occur if management undertakes a large, debt-funded
acquisition or shareholder reward that adds a significant amount of
debt leverage to the balance sheet.
"Although unlikely within the next year, we could consider an
upgrade if the company demonstrates a solid stand-alone operating
performance, successfully expands its product portfolio, and builds
a consistent track record of adhering to its financial
policies--including a public commitment to maintaining strong
credit measures--and follows through on that commitment. In that
scenario, we would expect the company to continually generate
earnings and cash flows that allow for weighted-average FFO to debt
that exceeds 35% on a sustained basis."
SONOMA PHARMACEUTICALS: All Proposals Approved at Annual Meeting
----------------------------------------------------------------
Sonoma Pharmaceuticals, Inc. held its Annual Meeting of
Stockholders. Proxies were solicited pursuant to its definitive
proxy statement filed on July 11, 2025, with the Securities and
Exchange Commission under Section 14(a) of the Securities Exchange
Act of 1934.
The number of shares of the Company's common stock entitled to vote
at the annual meeting was 1,642,765. The number of shares of common
stock present or represented by valid proxy at the annual meeting
was 718,469. Each share of common stock was entitled to one vote
with respect to matters submitted to the Company's stockholders at
the annual meeting. At the annual meeting, stockholders voted on
these matters:
Proposal 1 – Election of Class II Director
* Dr. Jay Birnbaum was duly elected as our Class II director.
Proposal 2 – Advisory Vote to Approve Executive Compensation
* Stockholders voted upon and approved, by non-binding
advisory vote, the compensation of the Company's named executive
officers for the year ended March 31, 2025, as described in the
proxy statement dated July 11, 2025.
Proposal 3 – Ratification of the Appointment of Independent
Registered Public Accounting Firm
* Stockholders voted upon and approved the ratification of the
appointment of Frazier & Deeter, LLC as the Company's independent
registered public accounting firm for the fiscal year ending March
31, 2026.
Proposal 4 – Adjournment to Solicit Additional Proxies
* Stockholders voted upon and approved a proposal to authorize
the adjournment of the meeting to permit further solicitation of
proxies, if necessary or appropriate, if sufficient votes are not
represented at the meeting to approve any of the foregoing
proposals.
About Sonoma Pharmaceuticals
Sonoma Pharmaceuticals, Inc. (NASDAQ: SNOA) --
http://www.sonomapharma.com-- is a global healthcare company
developing and producing stabilized hypochlorous acid, or HOCl,
products for a wide range of applications, including wound care,
eye care, oral care, dermatological conditions, podiatry, animal
health care, and non-toxic disinfectants. The Company's products
reduce infections, itch, pain, scarring, and harmful inflammatory
responses in a safe and effective manner. In-vitro and clinical
studies of HOCl show it to safely manage skin abrasions,
lacerations, minor irritations, cuts, and intact skin. The Company
sells its products either directly or via partners in fifty-five
countries worldwide.
Henderson, Nev.-based Frazier & Deeter, LLC, the Company's auditor
since 2021, issued a 'going concern' qualification in its report
dated June 17, 2025, attached to the Company's Annual Report on
Form 10-K for the fiscal year ended March 31, 2025, citing that the
Company has incurred significant losses and negative operating cash
flows and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about its ability to continue as a going concern.
As of March 31, 2025, the Company had $13,693,000 in total assets,
$9,282,000 in total liabilities, and total stockholders' equity of
$4,411,000.
SOUTHWEST FT WORTH: PCO Report Raises Concern Over Resident Safety
------------------------------------------------------------------
Susan Goodman, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Northern District of Texas her second
report regarding the quality of patient care provided at Southwest
Ft. Worth Memory Care, LLC and Cypresswood Spring Memory Care,
LLC's memory care assisted living facilities.
At the time of PCO's unannounced follow-up site visit, Cityview's
resident census was 38. Resident care staffing was below the matrix
by one caregiver due to a staff call-out on the date of the site
visit. Across the reporting period, census as high as 40 was
reported.
The PCO's second site visit occurred one day before the weekly food
delivery. Nonetheless, the volume of food observed on this visit --
dry stock, refrigerated, and frozen -- was greater than what the
PCO witnessed on her first site visit, and more diverse. Emergency
water was noted in the dry stock supply items. Protein-rich dry
stock items were not present in sufficient amounts to feed all
residents at the time of the PCO's visit. These additional food
stock items were reported as purchased after the PCO's site visit.
The PCO observed four new staff members orienting on-site at the
time of her follow-up site visit. The Administrator reported hiring
to replace operational turnover unrelated to the reorganization.
Compared to initial site visit observations, the timeliness of new
hire tuberculosis screening (due to availability of tuberculin) and
levels of direct care supplies was notable.
Shortly after the PCO's visit, the annual, unannounced fire marshal
inspection occurred. The visit was prior to renewal due dates for
various sprinkler and alarm panel testing, maintenance, and
inspections. The fire hydrant, alarm, and devices annual testing
have been completed. The sprinkler systems have not and are
currently yellow tagged as not in compliance with licensure
regulations. All open items have a nexus to resident safety. The
yellow tags must be cleared and an annual fee paid to obtain a
current fire marshal certificate.
In addition to the outstanding sprinkler system items, the PCO
notes that Cityview continues to have a backflow system that needs
repairs to pass inspection. Backflow devices are what prevents
sewage back-up into the facility's water system. The PCO remains
concerned that this repair is outstanding, as, again the nexus to
resident safety is clear.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=EMFTUT from PacerMonitor.com.
The ombudsman may be reached at:
Susan N. Goodman
PIVOT HEALTH LAW, LLC
P.O. Box 69734
Oro Valley, Arizona 85737
P: (520) 744-7061 | F: (520) 575-4075
Email: sgoodman@pivothealthaz.com
About Southwest Ft Worth Memory Care
Southwest Ft Worth Memory Care, LLC, doing business as Autumn
Leaves of Cityview, is a U.S. senior-living operator that
specializes exclusively in assisted-living and stand-alone
communities for residents with Alzheimer's disease and other forms
of dementia.
Headquartered in Grapevine, Texas, Southwest designs, owns or
manages purpose-built "Autumn Leaves" communities in Texas and
Illinois, offering 24-hour nursing, dementia-trained staff,
"Inspired Connections" life-engagement programs and on-site dining,
salon and rehab services.
Southwest sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Texas Case No. 25-41419) on April 23, 2025. In
its petition, the Debtor reported between $1 million and $10
million in assets and between $10 million and $50 million in
liabilities.
Judge Mark X. Mullin handles the case.
Joyce W. Lindauer, Esq., at Joyce W. Lindauer Attorney, PLLC is the
Debtor's legal counsel.
PSF II Dutch Branch, LLC, as secured lender, is represented by:
Kevin M. Lippman, Esq.
Munsch Hardt Kopf & Harr, P.C.
500 N. Akard Street, Suite 4000
Dallas, TX 75201-6659
Telephone: (214) 855-7565
Facsimile: (214) 978-5335
klippman@munsch.com
SPIRIT AIRLINES: Chapter 11 Filing Triggers Debt Acceleration
-------------------------------------------------------------
Spirit Aviation Holdings, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that on August 29,
2025, the Company, as well as Spirit Airlines, LLC (formerly known
as Spirit Airlines, Inc.), Spirit IP Cayman Ltd. ("Brand IP
Issuer"), Spirit Loyalty Cayman Ltd. ("Loyalty IP Issuer" and,
together with Brand IP Issuer, the "Co-Issuers"), Spirit Finance
Cayman 1 Ltd., Spirit Finance Cayman 2 Ltd. each a direct or
indirect subsidiary of Spirit, filed a petition under chapter 11 of
title 11 of the United States Code in the Bankruptcy Court.
Spirit will continue to operate its business as a
"debtor-in-possession" under the jurisdiction of the Bankruptcy
Court and in accordance with the applicable provisions of the
Bankruptcy Code and the orders of the Bankruptcy Court.
The filing of the Chapter 11 Cases described above in Item 1.03
constitutes an event of default that accelerated obligations of
Spirit Airlines under the following debt instruments:
* Approximately $856 million of PIK Toggle Senior Secured
Notes due 2030 (the "Senior Secured Notes") issued pursuant to that
Indenture, dated March 12, 2025, as amended, by and among the
Co-Issuers, the Company, Spirit Airlines, the subsidiary guarantors
and Wilmington Trust, National Association, as trustee and
collateral custodian.
* Approximately $275 million of borrowings (plus any accrued
but unpaid interest in respect thereof) under the Amended and
Restated Credit and Guaranty Agreement (the "Revolving Credit
Agreement"), dated as of March 12, 2025, by and among Spirit
Airlines, the guarantors party thereto, the lenders party thereto,
Citibank, N.A., as administrative agent, and Wilmington Trust,
National Association as collateral agent, relating to our Revolving
Loans (as defined in the Revolving Credit Agreement).
* Approximately $636 million of borrowings (plus any accrued
but unpaid interest in respect thereof) under certain enhanced
equipment trust certificates ("EETCs") debt agreements between
Spirit Airlines and Wilmington, as trustee.
* Approximately $849 million owed pursuant to individual
aircraft loans issued to finance the purchase of specific
aircraft.
The Debt Instruments provide that, as a result of the Chapter 11
Cases, the principal and interest due thereunder shall be
immediately due and payable. Any efforts to enforce such payment
obligations under the Debt Instruments are automatically stayed as
a result of the commencement of the Chapter 11 Cases, and the
creditors' rights of enforcement in respect of the Debt Instruments
are subject to the applicable provisions of the Bankruptcy Code.
About Spirit Airlines
Spirit Airlines, LLC (SAVE) is a low-fare carrier committed to
delivering the best value in the sky by offering an enhanced travel
experience with flexible, affordable options. Spirit serves
destinations throughout the United States, Latin America and the
Caribbean with its Fit Fleet, one of the youngest and most
fuel-efficient fleets in the U.S. On the Web:
http://wwww.spirit.com/
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 24-11988) on Nov. 18, 2024, after
reaching terms of a pre-arranged plan with bondholders.
At the time of the filing, Spirit Airlines reported $1 billion to
$10 billion
in both assets and liabilities. Judge Sean H. Lane oversees the
case.
The Debtors tapped Davis Polk & Wardwell, LLP as legal counsel;
Alvarez & Marsal North America, LLC, as financial advisor; and
Perella Weinberg Partners LP as investment banker. Epiq Corporate
Restructuring, LLC, is the claims agent.
Paul Hastings, LLP and Ducera Partners, LLC serve as legal counsel
for the Ad Hoc Group of Convertible Noteholders.
Akin Gump Strauss Hauer & Feld, LLP and Evercore Group LLC
represent the Ad Hoc Group of Senior Secured Noteholders.
The official committee of unsecured creditors retained Willkie Farr
& Gallagher LLP as counsel.
Citigroup Global Markets, Inc., is serving as financial advisor and
Latham & Watkins LLP is serving as legal counsel to Frontier.
2nd Attempt
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 25-11896) on August 29, 2025. In its
petition, the Debtors reports estimated assets and liabilities
between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Sean H. Lane handles the case.
The Debtor is represented by Marshall Scott Huebner, Esq. and
Darren S. Klein, Esq. at Davis Polk & Wardwell LLP.
SPIRIT AIRLINES: Faces $75.6M Potential Fees in AerCap Dispute
--------------------------------------------------------------
As previously disclosed, on July 30, 2024, Spirit Airlines entered
into a direct lease transaction with certain affiliates of AerCap
Holdings N.V. for 36 aircraft scheduled for delivery between 2027
and 2028, which were originally part of the order book for Spirit
Airlines.
Under the terms of the transaction, AerCap agreed to assume the
delivery positions for the Leased Aircraft and related pre-delivery
payment obligations. AerCap additionally agreed to lease each
Leased Aircraft to Spirit Airlines upon delivery by Airbus,
pursuant to 36 lease agreements, each dated as of July 30, 2024, by
and between Wilmington Trust Company, acting solely as owner
trustee and Spirit Airlines, as lessee.
On August 25, 2025, the Company received a written notice from the
Lessor asserting that certain events of default under the
Undelivered Aircraft Leases had occurred and were continuing and
that the Lessor was terminating the Undelivered Aircraft Leases.
Under each Undelivered Aircraft Lease, in the event that the
termination date of the leases occurs prior to delivery date of the
relevant aircraft, a lease termination fee of $2.1 million becomes
immediately due and payable to the Lessor under the lease.
The Company disagrees with the assertion that an event of default
has occurred and is continuing under any Undelivered Aircraft Lease
and asserts that no such event of default has occurred or is
continuing, and consequently that the termination of the
Undelivered Aircraft Leases is invalid.
The Company is currently in discussions with AerCap with respect to
the Undelivered Aircraft Leases. No assurance can be given that the
parties will reach an amicable resolution on a timely basis, on
favorable terms, or at all. If an amicable resolution is not
reached promptly, the Company will take legal action to contest the
alleged events of default and terminations to enforce its rights
under the Undelivered Aircraft Leases. If the Company is unable to
resolve the alleged events of default and termination under the
Undelivered Aircraft Leases, it could have a material adverse
effect on the Company's liquidity, financial condition and results
of operations.
About Spirit Airlines
Spirit Airlines, LLC (SAVE) is a low-fare carrier committed to
delivering the best value in the sky by offering an enhanced travel
experience with flexible, affordable options. Spirit serves
destinations throughout the United States, Latin America and the
Caribbean with its Fit Fleet, one of the youngest and most
fuel-efficient fleets in the U.S. On the Web:
http://wwww.spirit.com/
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 24-11988) on Nov. 18, 2024, after
reaching terms of a pre-arranged plan with bondholders.
At the time of the filing, Spirit Airlines reported $1 billion to
$10 billion
in both assets and liabilities. Judge Sean H. Lane oversees the
case.
The Debtors tapped Davis Polk & Wardwell, LLP as legal counsel;
Alvarez & Marsal North America, LLC, as financial advisor; and
Perella Weinberg Partners LP as investment banker. Epiq Corporate
Restructuring, LLC, is the claims agent.
Paul Hastings, LLP and Ducera Partners, LLC serve as legal counsel
for the Ad Hoc Group of Convertible Noteholders.
Akin Gump Strauss Hauer & Feld, LLP and Evercore Group LLC
represent the Ad Hoc Group of Senior Secured Noteholders.
The official committee of unsecured creditors retained Willkie Farr
& Gallagher LLP as counsel.
Citigroup Global Markets, Inc., is serving as financial advisor
and
Latham & Watkins LLP is serving as legal counsel to Frontier.
2nd Attempt
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 25-11896) on August 29, 2025. In its
petition, the Debtors reports estimated assets and liabilities
between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Sean H. Lane handles the case.
The Debtor is represented by Marshall Scott Huebner, Esq. and
Darren S. Klein, Esq. at Davis Polk & Wardwell LLP.
SPIRIT AIRLINES: Gets Court OK to Tap Over $275MM to Fund Ch. 11
----------------------------------------------------------------
Alex Wittenberg of Bloomberg Law reports that Spirit Airlines won
approval from a New York bankruptcy judge on Monday, September 8,
2025, to borrow up to $275 million and tap additional funds to
sustain operations as it prepares to reject aircraft leases in its
Chapter 11 case.
About Silver Airways
Silver Airways, LLC is a regional U.S. airline operating flights
between gateways in Florida, the Southeast and The Bahamas. The
Silver Airways fleet is comprised of modern, state of the art
aircraft with reliable, fuel-efficient turbo-prop engines.
In the summer of 2018, Silver completed the acquisition of Seaborne
Airlines, a San Juan, Puerto Rico-based air carrier serving
destinations throughout Puerto Rico, the U.S. Virgin Islands, and
other countries in the Caribbean. Seaborne provides connections
throughout the Caribbean via the carrier's hub in San Juan, while
also serving as the most critical link between St. Croix and St.
Thomas with the carrier's seaplane operation.
Silver Airways and Seaborne Virgin Islands, Inc. filed Chapter 11
petitions (Bankr. S.D. Fla. Lead Case No. 24-23623) on Dec. 30,
2024. At the time of the filing, Silver Airways reported $100
million to $500 million in assets and liabilities, while Seaborne
reported $1 million to $10 million in assets and liabilities.
Judge Peter D. Russin oversees the cases.
Brian P. Hall, Esq., is the Debtors' legal counsel.
Brigade Agency Services, LLC, as lender, is represented by Frank P.
Terzo, Esq., at Nelson Mullins Riley & Scarborough, LLP.
Argent Funding LLC and Volant SVI Funding LLC, as lenders, are
represented by Regina Stango Kelbon, Esq., at Blank Rome, LLP.
Lawyers at Tucker Arensberg, PC represent Argentum Acquisition Co.,
LLC, emerged as the winning bidder for the airline's assets with an
offer of $5,755,000 in cash plus additional amounts and the
assumption of certain liabilities.
SPIRIT AIRLINES: Parent Awards $6.3M in Executive Retention Bonuses
-------------------------------------------------------------------
Spirit Aviation Holdings, Inc., the parent company of Spirit
Airlines, disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that the Company entered into
retention award agreements with each of the Company's current
executive officers, pursuant to which these executive officers
received payment of one-time cash retention awards:
* David Davis, President & Chief Executive Officer -
$2,918,000
* Frederick S. Cromer, Executive Vice President & Chief
Financial Officer - $1,185,000
* Thomas Canfield, Executive Vice President & General Counsel
- $1,082,000
* John Bendoraitis, Executive Vice President & Chief Operating
Officer - $1,132,000
Pursuant to the terms of each Retention Agreement, if the named
executive officer ceases to be actively employed by the Company in
good standing prior to the earliest to occur of (i) the one-year
anniversary of the effective date of the Retention Agreement; (ii)
the date that is 90 days following the date of a "change in
control" (as defined in the Retention Agreement); and (iii) the
date that is 90 days following the date that the Company emerges
from its restructuring pursuant to Chapter 11 of the U.S.
Bankruptcy Code, the named executive officer is required to repay
to the Company the Retention Award (on a post-tax basis) within 10
days following such termination, except if the executive's
employment terminates due to death or "disability," by the Company
without "cause" or due to the executive's resignation for "good
reason."
In addition, pursuant to the Retention Agreement entered into with
David Davis, President and Chief Executive Officer of the Company,
the second installment of the sign-on bonus payment payable to Mr.
Davis pursuant to his existing employment agreement with the
Company dated as of April 16, 2025, the amount of which was
previously transferred by the Company to a third-party escrow fund
in April 2025, was disbursed to Mr. Davis as of the date of the
Retention Agreement. Under the Retention Agreement, this second
installment of the sign-on bonus will be subject to repayment to
the Company on the same terms as Mr. Davis's Retention Award.
Pursuant to the Retention Agreements, the named executive officers
have agreed that they will have no further rights to participate
in, or otherwise receive any payments under, the Company's
short-term cash incentive program for 2025.
In addition, Mr. Davis has agreed that he will have no further
rights or entitlements to receive his prorated annual short-term
incentive for 2025 nor the existing $4 million retention incentive
payable to Mr. Davis in certain circumstances under his Employment
Agreement.
About Spirit Airlines
Spirit Airlines, LLC (SAVE) is a low-fare carrier committed to
delivering the best value in the sky by offering an enhanced travel
experience with flexible, affordable options. Spirit serves
destinations throughout the United States, Latin America and the
Caribbean with its Fit Fleet, one of the youngest and most
fuel-efficient fleets in the U.S. On the Web:
http://wwww.spirit.com/
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 24-11988) on Nov. 18, 2024, after
reaching terms of a pre-arranged plan with bondholders.
At the time of the filing, Spirit Airlines reported $1 billion to
$10 billion
in both assets and liabilities. Judge Sean H. Lane oversees the
case.
The Debtors tapped Davis Polk & Wardwell, LLP as legal counsel;
Alvarez & Marsal North America, LLC, as financial advisor; and
Perella Weinberg Partners LP as investment banker. Epiq Corporate
Restructuring, LLC, is the claims agent.
Paul Hastings, LLP and Ducera Partners, LLC serve as legal counsel
for the Ad Hoc Group of Convertible Noteholders.
Akin Gump Strauss Hauer & Feld, LLP and Evercore Group LLC
represent the Ad Hoc Group of Senior Secured Noteholders.
The official committee of unsecured creditors retained Willkie Farr
& Gallagher LLP as counsel.
Citigroup Global Markets, Inc., is serving as financial advisor and
Latham & Watkins LLP is serving as legal counsel to Frontier.
2nd Attempt
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 25-11896) on August 29, 2025. In its
petition, the Debtors reports estimated assets and liabilities
between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Sean H. Lane handles the case.
The Debtor is represented by Marshall Scott Huebner, Esq. and
Darren S. Klein, Esq. at Davis Polk & Wardwell LLP.
SPIRIT AVIATION: Seeks Cash Collateral Access
---------------------------------------------
Spirit Aviation Holdings, Inc., parent company of Spirit Airlines,
LLC, asks the U.S. Bankruptcy Court for the Southern District of
New York for authority to use cash collateral and provide adequate
protection.
Spirit is not seeking to use any secured party's cash collateral at
this time, but instead intends to rely on unencumbered liquidity,
including $275 million available under its revolving credit
facility, cash in foreign accounts, post-petition operational cash,
and other cash not subject to liens or security interests.
The secured parties involved -- the holders of secured notes and
lenders under the revolving credit facility -- have not conceded
that these funds are unencumbered but have agreed to allow Spirit
to use them on a consensual, without prejudice basis under the
terms of a proposed interim order. This limited agreement excludes
the use of certain encumbered accounts and approximately $23
million in credit card receipts that span the pre-petition and
post-petition periods, although approximately $24.6 million in
other pre-petition receivables may be used over the next four
months.
Spirit has agreed to provide secured creditors with adequate
protection, including replacement liens, superpriority
administrative expense claims under 11 U.S.C. Section 507(b), and
reimbursement of reasonable fees and expenses -- all subject to
court review.
As of the petition date, Spirit reported approximately $2.79
billion in total funded debt, comprising $275 million in RCF
obligations, $856.1 million in secured notes, $1.525 billion in
aircraft debt, and $136.3 million in unsecured term loans maturing
in 2031. The capital structure involves intercreditor arrangements
where the RCF lenders and secured noteholders share collateral on a
first and second lien basis, depending on asset category.
Spirit emphasizes the urgent need to access unencumbered funds to
continue day-to-day operations, including payroll, vendor payments,
and capital expenditures. Maintaining liquidity is critical to
preserving the value of the enterprise and avoiding disruptions as
Spirit works toward a broader restructuring plan. Although Spirit
does not currently require secured creditor consent to use
unencumbered cash, such consent has been obtained to ensure clarity
and avoid litigation in the early phase of the case.
The proposed interim order reflects a narrowly tailored, consensual
arrangement that allows Spirit to remain operational without
diminishing secured creditor collateral. Future orders, including a
proposed final order, may address broader issues such as the use of
actual cash collateral or debtor-in-possession (DIP) financing. For
now, Spirit seeks only to maintain liquidity and stability while
these longer-term matters are negotiated.
A copy of the motion is available at https://urlcurt.com/u?l=quqc3W
from PacerMonitor.com.
About Spirit Aviation Holdings Inc.
Spirit Aviation Holdings, Inc. and its subsidiaries operate Spirit
Airlines, a U.S.-based low-cost carrier providing air
transportation services across the United States, Latin America,
and the Caribbean. Spirit offers ultra-low fares, digital booking
options, and a young, fuel-efficient fleet while employing
approximately 25,000 direct employees and independent contractors.
The Company offers scheduled flights, seating upgrades,
self-service baggage options, and customer support available both
in-person and through digital channels.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. N.Y. Lead Case No. 25-11897) on August
29, 2025. In the petition signed by Frederick Cromer, authorized
signatory, the Debtor disclosed up $8.5 billion in assets and $8.1
billion in liabilities.
Judge Sean H. Lane oversees the case.
Jeffrey M. Orenstein, Esq., at Wolff & Orenstein, LLC, represents
the Debtor as legal counsel.
The Debtor tapped FTI Consulting, Inc. as restructuring, fleet and
communications advisor; PJT Partners, LP as investment banker;
Debevoise & Plimpton, LLP as fleet counsel; Morris, Nichols, Arsht
& Tunnell, LLP as conflicts counsel, and Epiq Corporate
Restructuring, LLC as claims, noticing, solicitation and
administrative agent.
STANTON VIEW: Gets Interim OK to Use Cash Collateral
----------------------------------------------------
Stanton View, LLC received interim approval from the U.S.
Bankruptcy Court for the Northern District of Georgia, Atlanta
Division, to use cash collateral to fund operations.
The interim order signed by Judge Sage Sigler authorized the Debtor
to use cash collateral through September 16 in accordance with its
budget, subject to a 10% variance.
White Oak Assets, LLC, the Debtor's lender, will be provided with
adequate protection in the form of replacement liens on the
Debtor's property, with the same validity, priority and extent as
the lender's pre-bankruptcy liens. The replacement liens do not
apply to any avoidance claims.
Events of default under the interim order include failure by the
Debtor to maintain required insurance; unauthorized payment of cash
collateral to an insider; appointment of a Chapter 11 trustee;
conversion of the Debtor's case to one under Chapter 7; and
non-compliance with the interim order.
The next hearing is set for September 16.
The Debtor's cash collateral consists of post-petition rental
income from its sole asset: an 88-unit apartment complex located at
2040 Stanton Road, East Point, Georgia.
White Oak Assets holds a secured interest in the property's rental
income while Glass Doctor may have a potential interest based on
its lien although the Debtor disputes that any creditor other than
the lender is entitled to cash collateral proceeds at this stage.
The Debtor borrowed $7.1 million from White Oak Assets to purchase
the property through a promissory note and Deed to Secure Debt,
which matured on August 5. The Debtor was actively pursuing a
refinance to satisfy the loan, however, the refinancing was delayed
and the lender scheduled a foreclosure sale for September 2, the
same day the Debtor filed for bankruptcy to protect what it claims
is substantial equity in the property.
A recent appraisal dated June 18 valued the property at $11.4
million, suggesting an equity cushion of at least $5.3 million,
given that the total secured debt is approximately $6.1 million,
plus a minor mechanic's lien of $1,022 held by Glass Doctor.
About Stanton View LLC
Stanton View, LLC owns and operates an apartment complex located at
2040 Stanton Road in East Point, Georgia, which has an appraised
value of $11 million. The company is classified as a single-asset
real estate entity under U.S. law, focusing on the management of
this property.
Stanton View sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ga. Case No. 25-60053) on September 2, 2025. In
its petition, the Debtor reported total assets of $11,137,378 and
total liabilities of $6,170,665.
Honorable Bankruptcy Judge Sage M. Sigler handles the case.
The Debtor is represented by Michael D Robl, Esq., at Robl & Bowen,
LLC.
STREAMLINE SOLUTIONS: Seeks Chapter 7 Bankruptcy in Pennsylvania
----------------------------------------------------------------
Streamline Solutions LLC voluntarily filed for Chapter 7 bankruptcy
in the Eastern District of Pennsylvania on September 8, 2025. The
company reported liabilities the range of $0–$100,000, with a
creditor count estimated between 1 and 49.
About Streamline Solutions LLC
Streamline Solutions LLC is a multifaceted company operating in
various industries across the United States. It offers development,
acquisitions, realty, and property management for residential and
commercial properties.
Streamline Solutions LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-13595) on September 8,
2025. In its petition, the Debtor reports estimated assets and
liabilities up to $100,000 each.
Honorable Bankruptcy Judge Ashely M. Chan handles the case.
The Debtor is represented by Thomas Daniel Bielli, Esq. at Bielli &
Klauder, LLC.
STRUCTURE ACE: Hires De Leo Law Firm as Legal Counsel
-----------------------------------------------------
Structure Ace LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Louisiana to hire Robin R. De Leo of The De
Leo Law Firm LLC to serve as legal counsel in its Chapter 11
Subchapter V case.
The firm will provide these services:
(a) represent the Debtor as counsel in connection with this
Subchapter V Chapter 11 case;
(b) provide legal advice regarding bankruptcy matters;
(c) review financial documentation and prepare bankruptcy
schedules; and
(d) perform all other services required in connection with the
Debtor's Chapter 11 proceeding.
The Debtor has paid the firm the total sum of $21,738 of which
$5,097 was used for pre-petition fees. The remaining pre-petition
retainer totals $14,903 and is held in trust to fund post-petition
attorney's fees and costs.
The firm will be paid an hourly rate of $390 for Ms. De Leo and
$125 for paralegal time.
The De Leo Law Firm LLC is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Robin R. De Leo, Esq.
THE DE LEO LAW FIRM LLC
800 Ramon Street
Mandeville, LA 70448
Telephone: (985) 727-1664
E-mail: elaine@northshoreattorney.com
About Structure Ace LLC
Structure Ace LLC, led by Reshaud Henry, provides roofing,
construction, and solar energy services, specializing in storm
damage remediation, roof inspections, and installations using
materials such as Atlas Shingles, CertainTeed Shingles, Wood Shake,
Spanish Tile, TPO, Modified Bitumen, and EDPM. The Company
operates primarily in Madisonville, Louisiana. Its services target
residential and commercial clients.
Structure Ace LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. La. Case No. 25-11911) on
August 28, 2025. In its petition, the Debtor reports estimated
assets between $100,000 and $500,000 and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Meredith S. Grabill handles the case.
The Debtor is represented by Robin R. De Leo, Esq. at THE DE LEO
LAW FIRM, LLC.
TALLGRASS ENERGY: Fitch Rates Proposed Sr. Unsecured Notes 'BB-'
----------------------------------------------------------------
Fitch Ratings has assigned Tallgrass Energy Partners, LP's
(Tallgrass) proposed senior unsecured notes a 'BB-' with a Recovery
Rating of 'RR4'. The notes are being co-issued by Tallgrass Energy
Finance Corp. Tallgrass intends to use the net proceeds to redeem
all its outstanding 2027 notes and to repay a portion of the
outstanding balance of its revolving credit facility, with any
excess to be used for general partnership purposes. Until Tallgrass
uses the net proceeds to fund the redemption, it will use such
proceeds to repay amounts outstanding under its revolving credit
facility.
Fitch views this transaction as neutral to Tallgrass' credit
profile. The ratings and Rating Outlook continue to reflect the
merits and demerits concerning the issuer previously stated by
Fitch on March 10, 2025.
Fitch has reviewed preliminary terms for the proposed transactions,
and the assigned ratings assume no material variations in the final
terms.
Key Rating Drivers
Leverage Neutral Transaction: Total debt balance and EBITDA
leverage are not expected to meaningfully change by this
refinancing transaction. The assigned rating for the proposed
senior unsecured notes is consistent with the ratings of Tallgrass'
existing senior unsecured notes.
TPCO2 Project Execution Risk: The project is on track and within
budget for its mid-2H25 initial service launch. It has secured
multiple contracts as the sole CO2 capture, transport, and
sequestration provider. Archer Daniels Midland Company (ADM;
A/Negative) is the anchor customer, accounting for one-fourth of
the currently signed contracts. While exclusivity prevents
competitive volume loss, the absence of minimum volume guarantees
poses volumetric risks. 100% right of way for tier 1 laterals and
99% for tier 2 laterals have been secured, with construction
proceeding as planned.
Ethanol plants linked to tier 1 laterals are currently producing
slightly over 4 mmtpa of CO2. Most contracts include a fixed fee
for CO2 captured and sequestered, with one capture facility having
direct 45Q tax credits exposure under the Inflation Reduction Act.
Any substantial adverse changes to the 45Q law or executive branch
administration of the law could significantly impact the project.
However, Fitch assumes no adverse changes in either the law or in
management expectations that tax credit applications will be
promptly reviewed and fulfilled.
Elevated Near-Term Leverage: The capital-intensive debt-funded
TPCO2 project will raise Tallgrass' leverage to the mid-8.0x range,
according to Fitch's forecast, likely staying high until 2027.
Delays or budget issues could extend this elevated leverage period.
Tallgrass has achieved important milestones in obtaining
non-recourse project financing, which closed in April 2025, with
funding starting in July 2025. TPCO2 project's success is vital for
Tallgrass to maintain leverage within the 7.0x-8.0x range (per
Fitch's calculations) which is consistent with its current rating.
The other recently announced growth projects are still in their
initial stages, hence currently having limited impact.
Liberty Express Contract Renewals: Tallgrass' second-largest asset,
the crude oil carrying Liberty Express Pipeline (LEP), accounts for
nearly 20% of EBITDA. LEP historically has had a shorter-term
contract life. The current remaining weighted average contract life
is two years. LEP volumes have consistently exceeded contractual
minimums and shown year-over-year growth. Refinery utilization
rates in LEP's region and related demand for refined products are
expected to be stable. Tallgrass has managed similar contract
renewals in the past and is expected to timely re-contract LEP's
expiring capacity.
Long-Term Contracts Support Cash Flows: Fitch expects Tallgrass to
generate over 95% of its EBITDA from fee-based contracts, including
85% from long-term take or pay (TOP) and minimum volume commitment
(MVC) contracts with creditworthy customers. This provides
meaningful stability and clarity into future cash flows,
particularly during industry downturns, thereby lowering business
risk.
Diversified Asset Portfolio Enhances Stability: Tallgrass boasts a
robust portfolio of midstream assets spread across various oil and
gas regions in the U.S., with major assets like LEP and Rockies
Express Pipeline, LLC (ROCKIE; BB/Negative, a natural gas pipeline)
being highly contracted and well-utilized assets. Its diverse asset
ownership, coupled with commodity and geographic diversity,
minimizes the risk of simultaneous impacts across its businesses
during downturns, unlike midstream companies with single asset
concentration in specific regions or commodities.
Supportive Sponsor Relationship: Tallgrass' sponsors have shown
support for its credit profile, demonstrated by dividend cuts in
2020 to conserve capital during the pandemic downturn. The sponsors
aim for leverage below 6.5x (as per management calculations at the
Prairie ECI Acquiror, LP level), with distributions limited to
servicing the debt at Prairie. Fitch anticipates continued sponsor
support for Tallgrass' credit profile, at least in the near term.
Ratings Constrained by Parent Linkage: Tallgrass is a subsidiary of
Tallgrass Energy, LP, which is party to debt issued at Prairie ECI
Acquiror, LP, and is collectively referred as HoldCo. Fitch
assesses HoldCo's standalone credit profile (SCP) using
consolidated metrics, noting that Tallgrass' SCP is stronger. Per
Fitch's "Parent and Subsidiary Linkage Criteria," Tallgrass'
ratings will be limited to one notch from HoldCo, which is viewed
to have a credit profile in line with a 'b+' rated midstream
issuer.
Peer Analysis
The Williams Companies, Inc. (Williams; BBB/Positive) is a close
peer to Tallgrass. Both Williams and Tallgrass operate
FERC-regulated long-distance pipelines central to their credit
profiles, alongside gathering and processing (G&P) businesses. They
both feature highly contracted long-term revenue profiles with
creditworthy customers and have stronger subsidiaries rated higher
than their parents.
While Williams has a larger operating size, that is partially
offset by its larger, riskier gathering and processing business.
Fitch projects Williams's near-term leverage to be lower than that
of Tallgrass. Tallgrass' smaller scale and higher leverage account
for the difference in IDR with Williams.
Howard Midstream Energy Partners, LLC (Howard; BB-/Stable), like
Tallgrass, operates long-distance pipelines and other assets across
multiple oil and gas producing regions in the U.S. Howard is
smaller, yet more diversified. Howard has a larger, riskier G&P
business and only about 45% of EBITDA underpinned by revenue
assurance contracts, resulting in a weaker cash flow profile.
However, Howard's lower near-term leverage expectations in the low
4.0x range contrast with much higher leverage expectations at
Tallgrass, leading to similar IDRs. Howard, however, does not
contain the execution risks Tallgrass faces with the TPCO2
project.
Key Assumptions
- Fitch's oil and gas price deck;
- Oil and gas activity levels in the regions where Tallgrass
operates consistent with Fitch's base case for oil and gas prices;
- Base interest rate for the credit facility reflects Fitch's
"Global Economic Outlook";
- Fitch makes a conservative adjustment to management's
construction plan for the TPCO2 project, and assumes continuation
and smooth administration of the 45Q tax credits law;
- Successful re-contracting at the Liberty Express Pipeline (Pony
Express) for contracts expiring in the next two years, and
transport volumes consistent with prevailing volumes in recent
months;
- Distributions upstream consistent and limited to the amounts
required to service the HoldCo debt.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- An inability to fund the TPCO2 project in a credit supportive
manner or failures to execute on the project within budget and on
schedule;
- Proportionate consolidated EBITDA leverage (measured at the
HoldCo level) that is expected to be above 8.0x for a sustained
period;
- A large customer with a long-term take or pay (ROCKIE) contract
or MVC (Liberty Express) contract has a financial condition that is
consistent with a potential bankruptcy filing, and the current
market for Tallgrass' transportation service indicates the
potential for a contract rejection;
- Fitch's change in view of the company's relationship with its
sponsors that is less supportive of its credit profile.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Fitch would revise the Outlook to Stable upon gaining further
confidence in Tallgrass' ability to successfully execute on the
TPCO2 project in a credit supportive manner, and its demonstrated
ability to sustain leverage under 8.0x (per Fitch's calculations);
- Proportionate consolidated EBITDA leverage (measured at the
HoldCo level) that is expected to be below 7.0x for a sustained
period;
- A decrease in business risk, such as might occur with ROCKIE
and/or Pony Express contracting a significant part of their
capacity in a long-term revenue-assured relationship with an
investment grade shipper.
Liquidity and Debt Structure
Tallgrass had total liquidity of approximately $783 million as of
June 30, 2025. The company had roughly $22 million cash on its
balance sheet, and approximately $760 million available under its
$1.5 billion first lien secured revolving credit facility (net of
roughly $57 million in outstanding letters of credit). The credit
facility matures on May 31, 2028, subject to repayment of the $430
million 6.00% senior unsecured notes due 2027 and the $750 million
5.50% senior unsecured notes due 2028 by the respective established
deadlines.
The credit agreement requires Tallgrass to maintain a total
leverage ratio of less than 5.5x, a senior secured leverage ratio
of less than 3.5x, and an interest coverage ratio of more than
2.5x. As of June 30, 2025, the company was compliant with all the
covenants on its credit agreement. Fitch expects Tallgrass to
remain compliant with all the covenants on its credit agreement
over the forecast period.
Issuer Profile
Tallgrass owns and operates a variety of midstream assets,
primarily long-distance interstate pipelines located in the United
States.
Summary of Financial Adjustments
Fitch typically adjusts midstream energy companies' EBITDA to
exclude equity in earnings of unconsolidated affiliates but
includes cash distributions from unconsolidated affiliates.
For Tallgrass and HoldCo, Fitch calculates leverage metrics
including ROCKIE (for part of 2024) and LEP distributions as
described above. Fitch also considers metrics on a proportionately
consolidated basis, including ROCKIE (previously 75%, now 100%
common ownership post-buy-in) and LEP (75% common ownership) EBITDA
and debt, proportional to their ownership interest in the
pipelines. LEP EBITDA is handled similarly as the joint venture's
distribution structure changes in accordance with its terms.
Lastly, Fitch measures leverage at Tallgrass with HoldCo's debt
(including the Term Loan at Prairie ECI Acquiror LP) imputed due to
the PSL relationship, in the above sensitivities and other parts of
this rating action commentary.
Date of Relevant Committee
07 March 2025
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
Tallgrass Energy Partners, LP has an ESG Relevance Score of '4' for
Group Structure due to the high number of entities in the family,
which has a negative impact on the credit profile, and is relevant
to the rating[s] in conjunction with other factors.
Tallgrass Energy Partners, LP has an ESG Relevance Score of '4' for
Financial Transparency due to debt at other entities in the group
structure which Fitch doesn't rate and doesn't have access to the
financials, which has a negative impact on the credit profile, and
is relevant to the rating[s] in conjunction with other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
Tallgrass Energy
Partners, LP
senior unsecured LT BB- New Rating RR4
Tallgrass Energy
Finance Corp.
senior unsecured LT BB- New Rating RR4
TELLICO RENTALS: To Sell Plains Property to J. Trammell & R. Harris
-------------------------------------------------------------------
Tellico Rentals, LLC, seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Tennessee, to sell Property, free and
clear of liens, claims, interests, and encumbrances.
The Debtor's Property is located at 170 Rafter Road, Tellico
Plains, Tennessee and described as a building containing 11
overnight rental units on 2.58 acres of land, and its contents
which are composed of kitchen appliances,
cookware and furniture.
Jennifer Trammell and Rachel Harris have entered into a written
contract with the Debtor to purchase the property, including items
of personal property such as kitchen appliances, cookware, and
furniture, for $2,000,000.00.
The buyers are employees of VSM Management Group, LLC, which is a
Tennessee limited liability company related to the Debtor.
The sale is to be made by private sale. The sale will be for cash
to the bankruptcy estate.
The sale will be free and clear of all liens and encumbrances with
the lien rights of creditors, if any, attaching to the proceeds of
sale. The Debtor in Possession is aware of no liens other than that
of Mary Jane Saunders pursuant to a recorded deed of trust, and
Monroe County, Tennessee for property taxes.
Mary Jane Saunders has a first position deed of trust on the
property securing a debt with a purported balance of $8,820,313.28
as of the petition date.
There are property taxes due to Monroe County, Tennessee in the
approximate amount of $3,601.00 for 2023 and $3,747.00 for 2024.
Property taxes will be prorated for 2025.
The property is being sold without a realtor, there will be no
realtor commission.
The Debtor proposes to pay from the sale proceeds, after the
expenses of the sale, the real property taxes in full, including
the 2025 proration, and the balance to Mary Jane Saunders.
The Debtor believes that $2,000,000.00 is the highest price that
can be obtained for the property and that the sale is in the best
interests of creditors.
About Tellico Rentals LLC
Tellico Rentals, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-31173) on June 19,
2025, listing up to $10 million in both assets and liabilities.
Mohit Mankad, Tellico manager, signed the petition.
Judge Suzanne H. Bauknight oversees the case.
Edward J. Shultz, Esq., at Tarpy, Cox, Fleishman & Leveille, PLLC
represents the Debtor as legal counsel.
TPI COMPOSITES: Gets Court OK to Hand Over Turkish Operations
-------------------------------------------------------------
Rick Archer of Law360 reports that TPI Composites won court
approval on Tuesday, September 9, 2025, from a Texas bankruptcy
judge to turn over its Turkish operations to a local buyer, a
transaction expected to relieve the company of $31 million in
intercompany obligations.
About TPI Composites Inc.
TPI Composites -- https://tpicomposites.com/ -- is a leading
wind-blade manufacturer and the only independent wind blade
manufacturer with a global footprint.
TPI Composites Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34655) on August 11,
2025. The company listed $500 million to $1 billion in estimated
assets, along with $1 billion to $10 billion in estimated
liabilities.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Gabriel Adam Morgan, Esq. at Weil,
Gotshal & Manges LLP.
Oaktree Capital Management L.P., as DIP agent, is represented by
William A. (Trey) Wood III, Esq. at Bracewell, LLP.
TRB SUPPLY: Files Emergency Bid to Use Cash Collateral
------------------------------------------------------
TRB Supply, Inc. asks the U.S. Bankruptcy Court for the Northern
District of Alabama, Eastern Division, for authority to use cash
collateral and provide adequate protection.
The Debtor seeks to use cash collateral, arguing it is critical for
covering payroll, employee benefits, utilities, and operating
expenses necessary for reorganization. It requests emergency
interim approval for 30 days and a final hearing to consider
continued use of cash collateral.
A proposed budget was filed with the court, showing a small
shortfall of $741 during the requested period, but the Debtor
argues the U.S. Small Business Administration is adequately
protected through replacement liens on post-petition accounts
receivable and existing equity in equipment.
The Debtor previously obtained an SBA EIDL loan with a balance of
approximately $350,000, secured by a lien on the Debtor's tangible
and intangible personal property, including accounts receivable and
deposit accounts.
While other creditors may assert liens, the Debtor argues the SBA
holds the priority position and that some other lien claims are
invalid or inferior.
A copy of the motion is available at https://urlcurt.com/u?l=phhsEb
from PacerMonitor.com.
About TRB Supply Inc.
TRB Supply Inc. based in Collinsville, Alabama, provides
structural steel fabrication and produces various steel products in
the metal fabrication and manufacturing industry.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ala. Case No. 25-41170) on September
3, 2025. In the petition signed by Thomas A. Banks, the Debtor
disclosed $795,624 in assets and $3,218,089 in liabilities.
Judge James J. Robinson oversees the case.
Kevin D. Heard, Esq., at Heard, Ary & Dauro, LLC, represents the
Debtor as legal counsel.
TRICOLOR AUTO GROUP: Prepares for Bankruptcy Filing
---------------------------------------------------
Anna del Villar News Car Dealership Guy reports that Tricolor Auto
Group (TAG), the seventh-largest independent used car retailer in
the United States, is preparing to file for bankruptcy, according
to sources familiar with the matter. The move comes just days after
an unidentified bank assumed control of the company, triggering a
widespread suspension of operations in Texas, Arizona, and
California.
On September 5, 2025, TAG halted business activity and placed
80–90% of its employees on unpaid leave. Payroll systems were
shut down, and staff were told they would receive updates on
possible reinstatement by early October 2025. However, insiders now
suggest permanent layoffs are more likely as the company moves
through bankruptcy proceedings. The abrupt collapse comes as a
surprise to many within the organization. As recently as three
weeks ago, TAG's leadership had been pursuing expansion strategies
and negotiating potential lending partnerships. Those discussions
were quickly abandoned when senior stakeholders signaled no further
interest in a turnaround, according to report.
According to one source, the decision to pursue bankruptcy was
influenced by serious financial complications tied to the company's
lending operations, though the full extent of those issues remains
unclear. While no official announcement has been made, insiders
expect the bankruptcy filing will formalize large-scale workforce
reductions and a restructuring of TAG's operations, the report
states.
About Tricolor Auto Group
Tricolor Auto Group is the seventh-largest independent used car
retailer in the United States
TWS SERVICE: Seeks Subchapter V Bankruptcy in Texas
---------------------------------------------------
On September 7, 2025, TWS Service Corporation filed Chapter 11
protection in the Northern District of Texas. According to court
filing, the Debtor reports between $1 million and $10 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About TWS Service Corporation
TWS Service Corporation provides general freight trucking services
across the United States.
TWS Service Corporation sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-43394)
on September 7, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Edward L. Morris handles the case.
The Debtor is represented by Richard Grant, Esq. at CM LAW PLLC.
TX NUEVA: Seeks Chapter 11 Bankruptcy in Texas
----------------------------------------------
TX Nueva 2021 LLC voluntarily filed for Chapter 11 bankruptcy in
the Southern District of Texas on September 7, 2025. The company
reported liabilities in the range of $10 million to $50 million,
with an estimated 1–49 creditors listed in the filing.
About TX Nueva 2021 LLC
TX Nueva 2021 LLC is a single asset real estate company.
TX Nueva 2021 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-80421) on September
7, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Joyce Williams Lindauer, Esq. at Joyce
W. Lindauer Attorney, PLLC.
UNRIVALED BRANDS: Seeks to Tap Amaren Group as Tax Accountant
-------------------------------------------------------------
Unrivaled Brands, Inc. and Halladay Holding, LLC seek approval from
the U.S. Bankruptcy Court for the Central District of California to
employ Amaren Group as tax accountant.
The firm will provide these services:
(a) prepare the Debtors' 2024 tax returns and advise the Debtors
on tax matters which may arise in connection with the Debtors'
bankruptcy cases;
(b) include in the 2024 tax return the tax returns of
Unrivaled's multiple wholly-owned subsidiaries, which Unrivaled
divested from in 2024 prior to the Petition Date (Black Oak
Gallery, Inc.; Blum San Leandro, Inc.; IVXX Gardens 1, Inc.; 3242
Enterprises Inc.); and
(c) provide additional services such as tax planning,
consulting, compliance services, business process improvement
consulting, GAAP accounting and SEC financial statement
preparation, audits, and regulatory, reporting, permitting, and
licensing services.
The Debtors will provide Amaren with a $10,000 post-petition
retainer, and a flat fee of $90,000 (to which the $10,000 retainer
will be applied) for preparation of the 2024 tax returns.
Amaren's hourly rates range from $150 to $660 depending on staffing
level.
Amaren Group is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Stacey K. Arnold
AMAREN GROUP
260 Newport Center Drive
Newport Beach, CA 92660
Telephone: (949) 415-8408
E-mail: info@amarengroup.com
About Unrivaled Brands
Business Description: Unrivaled owns 100% membership interests in
Halladay, and Halladay is Unrivaled's wholly owned subsidiary.
Halladay's primary asset is a commercial real property building.
Unrivaled Brands, Inc. in Downey, CA, sought relief under Chapter
11 of the Bankruptcy Code filed its voluntary petition for Chapter
11 protection (Bankr. C.D. Cal. Lead Case No. 24-19127) on Nov. 6,
2024, listing $10 million to $50 million in assets and $1 million
to $10 million in liabilities. Sabas Carrillo as chief executive
officer, signed the petition.
Honorable Judge Sheri Bluebond oversees the case.
LEVENE, NEALE, BENDER, YOO & GOLUBCHIK L.L.P. serves as the
Debtor's legal counsel.
VENETIAN NAIL: Files Emergency Bid to Use Cash Collateral
---------------------------------------------------------
Venetian Nail Spa MMP, LLC asks the U.S. Bankruptcy Court for the
Southern District of Florida for authority to use cash collateral.
The Debtor asserts that immediate access to cash is essential to
its daily operations, including the ability to purchase supplies
and inventory, pay vendors, cover fixed operating costs, and pay
staff wages.
Without court authorization to use its own funds, the business
would face disruption, potentially harming its ability to serve
customers and reorganize successfully under Chapter 11, according
to the Debtor.
The Debtor operates a nail salon and intends to continue the
business after filing for Chapter 11 bankruptcy relief on August
13.
Venetian has opened a debtor-in-possession account at Wells Fargo,
and states that Wells Fargo is not a creditor and no creditor has
placed a lien or asserted control over the funds in its accounts.
It believes no creditor currently holds a perfected security
interest in its cash.
About Venetian Nail Spa MMP LLC
Venetian Nail Spa MMP, LLC is a nail salon operating in Miami,
Florida. It offers nail care services including manicures,
pedicures, and related spa treatments to customers in the Miami
area.
Venetian sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-19379) on August 13,
2025. In its petition, the Debtor reported estimated assets up to
$50,000 and estimated liabilities between $500,000 and $1 million.
Honorable Bankruptcy Judge Laurel M. Isicoff handles the case.
The Debtor is represented by Aubrey Rudd, Esq.
VENUS CAPITAL: Chapter 15 Case Summary
--------------------------------------
Three affiliates that concurrently filed voluntary petitions for
relief under Chapter 15 of the Bankruptcy Code:
Debtor Case No.
------ --------
Venus Capital Management Company (Lead) 25-10709
c/o Rogers Capital Corporate Services Limited
3rd Floor Rogers House, No. 5
Pres. John Kennedy Street
Port Louis
Republic of Mauritius
Venus India Structured Finance Master Limited 25-10710
Venus Master Fund 25-10711
Business Description: Venus Capital Management Company,
incorporated in Mauritius in 2010 and
licensed as a Global Business entity,
operates as a Collective Investment
Scheme Manager under the Mauritius
Securities Act, overseeing investment
funds focused on India and broader
macro strategies. Its managed entities
include Venus India Structured Finance
Master Limited, a fund originally
formed in 2013 and restructured under
its current name in 2022 to provide
India-focused financing strategies, and
Venus Master Fund, established in 2016
to pursue global macro investment
opportunities. The firm functions
under the regulatory framework of the
Mauritius Financial Services
Commission.
Chapter 15 Petition Date: September 5, 2025
Court: United States Bankruptcy Court
District of Rhode Island
Judge: TBD
Foreign Proceeding: Companies in Insolvency Proceedings
in the Republic of Mauritius under the
Mauritius Insolvency Act, 2009
Foreign Representative: Bavesh Huns Biltoo
KPMG Mauritius, KPMG Centre
31 Cybercity
Ebene, Mauritius 72201
Republic of Mauritius
Foreign
Representative's
Counsel: H. Frances Kleiner, Esq.
AERMAN LLP
1251 Avenue of the Americas, 37th Floor
New York, NY 10020
Tel: (212) 880-3800
Fax: (212) 880-8965
Email: frances.kleiner@akerman.com
AND
R. Adam Swick, Esq.
500 West 5th Street, Suite 1210
Austin, TX 78701
Tel: (737) 999-7103
Fax: (512) 623-6701
Email: adam.swick@akerman.com
Estimated Assets: Unknown
Estimated Debt: Unknown
A full-text copy of the Lead Debtor's Chapter 15 petition is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/X35EJBA/Venus_Capital_Management_Company__ribke-25-10709__0001.0.pdf?mcid=tGE4TAMA
VENUS GLOBAL: Chapter 15 Case Summary
-------------------------------------
Two affiliates that concurrently filed voluntary petitions for
relief under Chapter 15 of the Bankruptcy Code:
Debtor Case No.
------ --------
Venus Global Macro Fund, Ltd. (Lead) 25-10713
Jayla Place
Wickhams Cay, Tortola VG1110
British Virgin Islands
Venus India Structured Finance (Offshore)
Fund Limited 25-10714
Business Description: Venus Global Macro Fund, Ltd. is an
investment fund incorporated in the
British Virgin Islands and structured
as a company limited by shares. It
operates as a private fund under the
oversight of the British Virgin
Islands Financial Services
Commission.
Chapter 15 Petition Date: September 5, 2025
Court: United States Bankruptcy Court
District of Rhode Island
Judge:
Foreign Representatives: Russell Crumpler and
Christopher Farmer
3rd Floor, Banco Popular Building
Road Town, Tortola VG
British Virgin Islands
Foreign Proceeding: Insolvency Proceedings Pending in the
British Virgin Islands under the BVI
Insolvency Act, 2003
Foreign
Representatives'
Counsel: H. Frances Kleiner, Esq.
AKERMAN LLP
1251 Avenue of the Americas
37th Floor
New York, NY 10020
Tel: (212) 880-3800
Fax: (212) 880-8965
Email: frances.kleiner@akerman.com
AND
R. Adam Swick, Esq.
500 West 5th Street, Suite 1210
Austin, TX 78701
Tel: (737) 999-7103
Fax: (512) 623-6701
Email: adam.swick@akerman.com
Estimated Assets: Unknown
Estimated Debt: Unknown
A full-text copy of the Lead Debtor's Chapter 15 petition is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/YYC65BY/Venus_Global_Macro_Fund_Ltd__ribke-25-10713__0001.0.pdf?mcid=tGE4TAMA
VILLAGES HEALTH: Judge Approves Sale to Centerwell
--------------------------------------------------
Christie Zizo of News6 reports that the planned sale of The
Villages Health System has advanced after a federal bankruptcy
judge approved CenterWell's winning bid. Court documents filed
Monday, September 8, 2025, revealed that CenterWell, a senior
health care provider owned by Humana, secured the auction with a
$68 million cash offer. The sale, part of TVHS's Chapter 11
proceedings, also includes the assumption of cure costs and
liabilities.
According to News 6, the approval came after TVHS revised certain
contract terms at the request of federal officials. Attorneys for
the U.S. government, which is TVHS's largest creditor owed more
than $360 million -- much of it tied to Medicare overbilling --
objected to language they argued was overly broad. They contended
it could shield the buyer from liability and hinder potential civil
or criminal action against TVHS insiders. Following adjustments,
the sale was cleared by the court.
CenterWell initially entered the process as the stalking horse
bidder with a $50 million offer but later increased its bid after
competition from The Villages Buyer LLC, an affiliate of Kinderhook
Industries. Under the final agreement, CenterWell will pay up to $1
million for cure costs and assume certain liabilities. The company
also agreed to a closing date no earlier than October 31, 2025,
while dropping some conditions tied to employee retention and
agreements with UnitedHealthcare, the report relays.
As part of the acquisition, CenterWell will take ownership of
TVHS's assets, including patient records, contracts, intellectual
property, inventory, and regulatory licenses. However, the
transaction excludes real estate interests, organizational
documents, payroll files, and provider numbers for Medicare and
Medicaid. If CenterWell’s purchase fails to close, The Villages
Buyer LLC remains the designated backup bidder, report states.
About The Villages Health ("TVH")
The Villages Health (TVH) is a leading healthcare provider in North
Central Florida, offering comprehensive primary and specialty care
through a collaborative, team-based approach. In addition to
primary care, TVH delivers specialized services in audiology,
behavioral and mental health, cardiology, dietetics, endocrinology,
gastroenterology, gynecology, interventional pain management,
neurology, podiatry, rheumatology, and urology. To learn more,
visit thevillageshealth.com.
The Village Health sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04156) on July 3,
2025. In its petition, the Debtor reports estimated assets between
$50 million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Lori V. Vaughan handles the case.
The Debtor is represented by Elizabeth A. Green at Baker &
Hostetler LLP.
About CenterWell
CenterWell is a leading healthcare services organization dedicated
to delivering integrated, patient-centered care experiences. By
placing patients at the heart of everything it does, CenterWell
provides high-quality, accessible, and personalized care. As the
nation's largest provider of senior-focused primary care and a top
provider of home health services, CenterWell also offers
comprehensive pharmacy solutions including home delivery,
specialty, hospice, and retail pharmacy services. Focused on
whole-person health, CenterWell addresses the physical, emotional,
and social well-being of its patients. CenterWell is a part of
Humana Inc. (NYSE: HUM).
WHITE BEHAVIORAL: Hires Osipov Bigelman as Legal Counsel
--------------------------------------------------------
White Behavioral Consultants, PC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Michigan to hire
Osipov Bigelman, P.C. to serve as its legal counsel.
Osipov Bigelman will provide these services:
(a) represent and assist the Debtor in all facets of this case;
(b) prepare on behalf of the Debtor and Debtor-in-Possession the
necessary applications, answers, orders, reports, and other legal
papers;
(c) provide the Debtor with legal advice with respect to its
powers and duties in these proceedings; and
(d) perform all other legal services for the Debtor and
Debtor-in-Possession which may be necessary.
Osipov Bigelman, P.C. received $10,000 as Chapter 11 Bankruptcy
retainer from the Debtor.
The firm will be paid at these hourly rates:
Jeffrey H. Bigelman, Esq. $550
Yuliy Osipov, Esq. $550
Anthony Miller, Esq. $475
David P. Miller, Esq. $400
Paralegal $150
Osipov Bigelman, P.C. is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Anthony J. Miller, Esq.
Yuliy Osipov, Esq.
OSIPOV BIGELMAN, P.C.
20700 Civic Center Dr., Ste. 420
Southfield, MI 48076
Telephone: (248) 663-1800
Facsimile: (248) 663-1801
E-mail: yo@osbig.com
am@osbig.com
About White Behavioral Consultants PC
White Behavioral Consultants PC, dba WBC Counseling, is a
behavioral health provider offering mental health counseling and
consultation services in southeastern Michigan. It specializes in
providing professional behavioral health services through its
locations in Ypsilanti and Ann Arbor, serving patients in Washtenaw
County.
White Behavioral Consultants PC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. Mich. Case No.
25-47920) on August 6, 2025. In its petition, the Debtor reports
estimated assets up to $50,000 and estimated liabilities between
$500,000 and $1 million.
Honorable Bankruptcy Judge Thomas J. Tucker handles the case.
The Debtor is represented by Yuliy Osipov, Esq. at Osipov Bigelman,
P.C.
WILCOV HOLDINGS: To Sell Riverdale Property to Curtis Thompson
--------------------------------------------------------------
Wilcov Holdings, Inc., seeks permission from the U.S. Bankruptcy
Court for the Northern District of Georgia, Atlanta Division, to
sell Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor owns three separate commercial properties located in
Georgia. One property is located at 5610 Old National Highway,
College Park, Georgia 30349 (College Park), the second property is
located at 4849 Mercer University Drive, Macon, Georgia 31210
(Macon), and the third property is located at 827 Highway 138 SW,
Riverdale, Georgia 30296 (Riverdale).
After analysis of the Debtor’s operations, the Debtor has
determined in its business judgment that a downsizing of its
operations is appropriate and will result in significant cost
savings for the Debtor’s estate. Additionally, as there appears
to be equity in the Riverdale Property, a sale would also be in the
best interest of the creditors. The Debtor seeks authority to sell
said Riverdale.
The Debtor receives an offer on August 13, 2025, regarding the
Riverdale property, wherein the potential buyer, Curtis Thompson,
has offered $975,000, subject to certain conditions.
One of said conditions includes a lease back to the Debtor for a
period of seven years at a monthly rent of $7650 on a triple net
basis, wherein the Debtor is responsible for the property taxes,
insurance and maintenance.
The sale is in the best interest of the Debtor, the secured lien
holder and all creditors.
The Debtor purposes the following priority distribution and use of
funds upon the sale of the Riverdale property:
i. the respective secured lien in the amount of $700,000 plus any
deficit amount, if applicable, will attach to all proceeds to the
benefit of Bridgewell Capital, LLC. The Debtor proposes that the
closing attorney for said sale pay directly to Bridgewell Capital,
LLC said agreed amount plus any deficit amount, if applicable;
ii. immediately after sale proceeds clear Debtor's
debtor-in-possession account, $1000.00 or up to the remaining
proceeds, if less, to be paid to the IRS toward the $1000 priority
claim portion of Amended Claim #7;
iii. immediately after sale proceeds clear Debtor's
debtor-in-possession account, $10,000.00 or up to the remaining
proceeds, if less, to be paid in pro rata proportion, to all
general unsecured creditors as defined therein, wherein said
distributions will be credited toward the amount a general
unsecured creditor would receive, if any, under a confirmed Chapter
11 plan. Alternatively, Debtor may negotiate an agreed amount with
one or more general unsecured creditor to settle in full the
respective claim; and
iv. any proceeds remaining, thereafter, would be retained by the
Debtor in its debtor-in-possession account as reserve operational
funds to be utilized for continued operations and to pay remaining
creditors in accordance with the non-confirmed Plan or confirmed
Plan, as applicable.
In the event the sale does not close and/or the funds payable to
Bridgewell Capital, LLC are not distributed on or before October
31, 2025, Bridgewell Capital, LLC will be entitled to its full
claim, unless the parties mutually agree otherwise.
In the event the net proceeds, after all closing costs, remediation
cost, concessions and other costs are not sufficient to pay
Bridgewell Capital, LLC its full agreed upon amount plus the
deficit amount, if any, then Debtor shall not commence with the
sale.
About Wilcov Holdings
Wilcov Holdings Inc. is a real estate holding company owned and
operated by Adrienne Williford and Oliver Williford.
The Debtor sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55970) on May 30,
2025.
The Debtor tapped Joel D. Myers, Esq., at Myers Law, LLC as
counsel, and Ginnett Zabala LLC as accountant.
WOLFSPEED INC: Court Approves MACOM Share Sale in Private Sale
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Texas,
Houston Division, has permitted Wolfspeed Inc. and its affiliates,
to sell Macom Share, free and clear of liens, claims, interests,
and encumbrances.
The Debtors, together with their non-debtor affiliates are a
leading producer of wide bandgap semiconductors, silicon carbide
materials, and gallium nitride materials. The Company's products
are used in a broad range of applications, including electric
vehicles, motor drives, power supplies, military communications,
radar, satellite, and telecommunications.
Established in 1987, the Company's headquarters are located in
Durham, North Carolina and the majority of the Company's products
are manufactured at the Company's production facilities in North
Carolina, New York, and Arkansas.
The Debtors believe the MACOM Shares Sale is fully in the ordinary
course of the Debtors' business.
All stakeholders, including the Consenting Creditors, support the
Macom Shares Sale. The transaction will not prejudice any party in
interest, and is the most efficient and value maximizing approach
to administering the Macom Shares Sale.
The Court has authorized the Debtor to sell the MACOM Shares
through a private sale.
All objections to the Motion or the relief requested therein, the
MACOM Shares Sale, the entry of this Order, or the relief granted
herein that have not been withdrawn, waived, settled, or otherwise
resolved are hereby overruled on the merits with prejudice. Any
objections withdrawn are deemed withdrawn with prejudice. All
parties who did not object to the Motion or the entry of this
Order, or who withdrew their objections, are deemed to have
consented to the relief granted.
The Debtors are authorized to sell and transfer the MACOM Shares to
the purchaser free and clear of all
Interests, with any such Interests attaching to the net proceeds of
the MACOM Shares Sale with the same validity, priority, and
enforceability as such Interests had in the MACOM Shares
immediately prior to the sale.
The consideration provided by the purchaser for the MACOM Shares is
fair and reasonable and shall constitute reasonably equivalent
value and fair consideration under the Bankruptcy Code and
applicable non-bankruptcy law, including without limitation the
Uniform Fraudulent Transfer Act and the Uniform Voidable
Transactions Act.
The automatic stay imposed by section 362 of the Bankruptcy Code is
modified to the extent necessary, without further order of the
Court, to allow the Debtors, the Broker, and the purchaser to
implement the MACOM Shares Sale and the provisions of this Order.
The Court shall retain jurisdiction over any disputes arising.
Upon consummation of the MACOM Shares Sale, the transfer of the
MACOM Shares to the purchaser shall constitute a legal, valid,
binding, and effective transfer of the MACOM Shares, and shall vest
the purchaser with all right, title, and interest of the Debtors in
and to the MACOM Shares, free and clear of all Interests.
The purchaser shall not have any liability or responsibility for
any obligations or liabilities of the Debtors arising prior to
Closing.
The MACOM Shares Sale has been undertaken by the Debtors in good
faith, without collusion, and from arm’s-length bargaining
positions.
About Wolfspeed, Inc.
Wolfspeed, Inc. (NYSE:WOLF) is an innovator of wide bandgap
semiconductors, focused on silicon carbide materials and devices
for power applications. Its product families include silicon
carbide materials and power devices targeted for various
applications such as electric vehicles, fast charging and renewable
energy and storage.
On June 30, 2025, Wolfspeed, Inc. and Wolfspeed Texas, LLC each
filed petitions seeking relief under chapter 11 of the United
States Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90163),
with Judge Christopher M. Lopez presiding. The Debtors sought
Chapter 11 protection after reaching a deal with lenders on a
debt-for-equity plan that would reduce debt by $4.6 billion.
Latham & Watkins LLP and Hunton Andrews Kurth LLP are serving as
legal counsel to Wolfspeed, Perella Weinberg Partners is serving as
financial advisor and FTI Consulting is serving as restructuring
advisor. Epiq is the claims agent.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
counsel to the senior secured noteholders and Moelis & Company is
serving as the senior secured noteholders' financial advisor.
Kirkland & Ellis LLP is serving as legal counsel to Renesas
Electronics Corporation, PJT Partners is serving as its financial
advisor, and BofA Securities is serving as its structuring
advisor.
Ropes & Gray LLP is serving as legal counsel to the convertible
debtholders and Ducera Partners is serving as financial advisor to
the convertible debtholders.
YOUR MAJESTIC: Claims to be Paid from Continued Operations
----------------------------------------------------------
Your Majestic Maid LLC filed with the U.S. Bankruptcy Court for the
District of Arizona a Subchapter V Plan of Reorganization dated
September 2, 2025.
The Debtor is a business offering residential and commercial
janitorial and cleaning services. The Debtor is owned 100% by Lisa
Underwood.
Ms. Underwood became the owner of the business in February of 2017.
At the time of the bankruptcy filing, the Debtor faced problems
including high interest hard money loans, UCC lien holds and a
lawsuit in state court.
By this Plan the Debtor is seeking to retain all of its personal
property, and continue its business offering residential and
commercial janitorial and cleaning services, as the Reorganized
Debtor.
In accordance with Section 365 of the Bankruptcy Code, the Debtor
hereby assumes the executory contract and unexpired lease for
Castle Rock Mini Storage located at 55 Castle Rock Road, Sedona,
Arizona 86351. The Debtor shall timely make all post-petition
monthly rent payments. Further, the Debtor shall cure any defaults
on or before the Effective Date and make all post-petition
payments.
The Debtor is seeking to:
* Pay its Secured Creditor, Bankers Healthcare Group LLC, in
full for its Allowed Secured Claim determined under Section 506 of
the Bankruptcy Code.
* Pay its Secured Creditors, Ally Financial and Ford Motor
Credit Company LLC, the secured portion of their Claims, as
determined under Section 506 of the Bankruptcy Code, including
interest;
* Pay all Administrative Creditors in full;
* Pay all Priority Creditors in full; and
* Pay the remaining balance of Plan payments to the Class Four
General Unsecured Creditors, to be divided pro rata.
Class Four shall consist of all Allowed General Unsecured Claims.
Class Four will be paid the balance under the Plan, pro rata. Class
Four is Impaired.
The Plan will be implemented, in part, as follows:
* Months 1-12. The Debtor shall pay $4,106.68 per month, to be
distributed as follows: Bankers Healthcare Group, LLC ($1,734.55);
Ally Capital ($1,318.09); Ford Motor Credit Company, LLC ($789.04);
and General Unsecured Creditors, pro rata, $265.00 per month.
* Months 13-24. The Debtor shall pay $4,311.68 per month, to
be distributed as follows: Bankers Healthcare Group, LLC
($1,734.55); Ally Capital ($1,318.09); Ford Motor Credit Company,
LLC ($789.04); and General Unsecured Creditors, pro rata, $470.00
per month.
* Months 25-36. The Debtor shall pay $4,997.64 per month, to
be distributed as follows: Bankers Healthcare Group, LLC
($1,734.55); Ally Capital ($1,318.09); and General Unsecured
Creditors, pro rata, $1,945.00 per month.
* Months 37-48. The Debtor shall pay $5,237.64 per month, to
be distributed as follows: Bankers Healthcare Group, LLC
($1,734.55); Ally Capital ($1,318.09); and General Unsecured
Creditors, pro rata, $2,185.00 per month.
The Subchapter V Trustee will continue to act as Trustee post
confirmation if the plan is confirmed pursuant to Section 1191(b)
of the Bankruptcy Code. After the Effective Date, the Trustee will
invoice the Reorganized Debtor monthly for services the Trustee
provides, at the same hourly rate as may be approved by the Court
for services the Trustee renders prior to confirmation. The terms
of payment for any such invoices shall be on ordinary business
terms as agreed by the Trustee and Debtor.
A full-text copy of the Plan of Reorganization dated September 2,
2025 is available at https://urlcurt.com/u?l=P8U874 from
PacerMonitor.com at no charge.
About Your Majestic Maid
Your Majestic Maid, LLC is a business offering residential and
commercial janitorial and cleaning services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-05019) on June 2,
2025, with $100,001 to $500,000 in assets and liabilities.
Judge Madeleine C. Wanslee presides over the case.
The Debtor is represented by:
Ronald J. Ellett, Esq.
Ellett Law Offices, P.C.
Tel: 602-235-9510
rjellett@ellettlaw.com
ZAYO GROUP: S&P Rates New $3,834MM Senior Secured Term Loan 'B-'
----------------------------------------------------------------
S&P Global Ratings assigned its 'B-' issue-level rating and '4'
recovery rating to Zayo Group Holdings Inc.'s proposed $3,834
million senior secured term loan due 2030, EUR620 million term loan
due 2030, and $1,309 million of senior secured notes due 2030. The
'4' recovery rating indicates its expectation for average (30%-50%;
rounded estimate: 35%) recovery in the event of payment default.
S&P said, "In addition, we assigned our 'CCC' issue-level rating
and '6' recovery rating to Zayo Group Holdings Inc.'s proposed $880
million second-out senior secured notes due 2030. The '6' recovery
rating indicates our expectation for negligible (0%-10%; rounded
estimate: 0%) recovery in the event of payment default."
The issuance follows Zayo's announcement to exchange its $4,436
million term loan due 2027, EUR835 million term loan due 2027, and
$1,477 million of senior secured notes due 2027 at par, with a $2
billion cash paydown at close, paid pro rata across the
participating secured debt. In addition, the $726 million ESG term
loan due 2027 will be exchanged at par, plus a 1.75% cash fee, and
will be collapsed with the U.S. term loan.
About $200 million of the existing $1,080 of senior unsecured notes
due 2028 will be fungible with the senior secured notes, leaving
$880 million to be exchanged into the second-out senior secured
notes due 2030. S&P said, "Furthermore, as part of the exchange,
about 90% of future asset backed securitization transactions will
be allocated to paydown secured debt at par, which we believe
reduces the risk of a decline in the rounded recovery estimate on
Zayo's secured debt. We expect the exchange will close on Sept. 25,
2025."
S&P said, "Our 'B-' issuer credit rating and stable outlook on Zayo
are unchanged. We view the exchange as modestly credit positive
since it will help the company address near-term maturities and
lower its S&P Global Ratings-adjusted gross leverage to about 8.7x
from about 10x as of June 30, 2025. Although the company's leverage
is still elevated, we believe it has good prospects to improve its
credit metrics over the next couple of years through EBITDA growth.
We forecast earnings will increase 7%-9% in 2025 due to 3%-4%
revenue growth, combined with margin improvement from recent
cost-savings initiatives and lower transaction costs. In 2026, we
forecast organic revenue growth of about 5% because of higher net
installs due to favorable AI data demand, resulting in 8%-9%
earnings growth and leverage in the low-7x area.
"Our base-case forecast includes the proposed acquisition of Crown
Castle Inc.'s fiber solutions business, which we expect will be
modestly deleveraging given the $4,250 billion purchase price,
which is about 7.5x EBITDA. Longer term, we believe likely cost
synergies of about $70 million, combined with continued
high-single-digit percent earnings growth could support leverage
reduction to the 6x area. We expect the acquisition will close in
the first half of 2026."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors:
-- S&P applies a combination approach to estimate the value from
the intercompany loan to Zayo Global Reach UK Ltd., which was added
to the collateral package as part of the exchange. S&P said, "For
the intercompany loan, we use a discrete asset valuation (DAV) and
apply an 80% haircut to it. We then combine this value with a cash
flow multiple approach for the operations at Zayo Group Holdings to
derive an enterprise value of about $4.1 billion."
-- S&P said, "Our simulated scenario contemplates a default
because of speculative capital spending for expansion, margin
compression due to higher costs, and increased customer churn. We
believe this decline in operating results would result in a payment
default when the company's liquidity and cash flow is insufficient
to cover cash interest expenses, mandatory debt amortization, and
maintenance-level capital spending requirements."
-- Other default assumptions include the revolver being 85% drawn
and that all debt includes six months of prepetition interest.
Simulated default assumptions:
-- Simulated year of default: 2027
-- EBITDA at emergence: $675 million
-- EBITDA multiple: 6x
-- DAV: $89 million
-- Gross enterprise value: $4.1 billion
Simplified waterfall:
-- Net enterprise value (after 5% administrative costs): $3.9
billion
-- Valuation split (obligors/nonobligors): 66%/34%
-- Collateral value available to first lien creditors: $3.9
billion
-- First-lien debt: $6.9 billion
--Recovery expectations: 30%-50% (rounded estimate: 35%)
-- Collateral value available to second priority debt claims: $0
-- Second priority debt claims: $956 million
--Recovery expectations: 0%-10% (rounded estimate: 0%)
ZOOZ POWER: Posts $7 Million Net Loss for H1 2025
-------------------------------------------------
ZOOZ Power Ltd. filed its unaudited condensed consolidated
financial statements as of and for the six-month period ended June
30, 2025.
The Company had net losses for the six months ending June 30, 2025,
and June 30, 2024, in the amounts of $7.045 million and $5.237
million, respectively, and negative cash flows from operating
activities in the amounts of $4.95 million and $6.04 million,
respectively.
The Company has historically financed its operations over the years
by raising funds from investors. On April 4, 2024, the Company
finalized a merger deal with a SPAC. As part of the merger, 10.875
million USD was invested in the Company.
Since the Company has just started commercial sales of its products
and considering the Company's expected cash usage, the Company's
cash balance as of June 30, 2025, and as of the date of approval of
the financial statements is not sufficient to continue the
Company's operations for at least 12 months from the date of
approval of the financial statements. These circumstances raise
substantial doubt about the Company's ability to continue as a
going concern.
In order to continue the Company's operations, including research
and development and sales and marketing, the Company is looking to
secure financing from various sources, including additional
investment funding. There is no assurance that the Company will be
successful in obtaining the level of financing necessary to finance
its operations.
As of June 30, 2025, the Company had $6.551 million in total
assets, against $6.697 million in total liabilities, and $146,000
in total deficit.
A copy of the financial statement is available at
https://is.gd/r1HXwP
About ZOOZ Power
Headquartered in St. Lod, Israel, ZOOZ is a provider of
flywheel-based power boosting and energy management solutions,
enabling the widespread deployment of ultra-fast charging
infrastructure for electric vehicles (EVs) while overcoming
existing grid limitations. ZOOZ pioneers its unique flywheel-based
power-boosting technology, enabling efficient utilization and power
management of a power-limited grid at an EV charging site. Its
Flywheel technology allows high-performance, reliable, and
cost-effective ultra-fast charging infrastructure. ZOOZ Power's
sustainable, power-boosting solutions are built with longevity and
the environment in mind, helping its customers and partners
accelerate the deployment of fast-charging infrastructure, thus
facilitating improved utilization rates, better efficiency, greater
flexibility, and faster revenues and profitability growth. ZOOZ is
publicly traded on NASDAQ and TASE under the ticker ZOOZ.
As of December 31, 2024, the Company had $12.3 million in total
assets, $6.1 million in total liabilities, and a total equity of
$6.7 million.
Jerusalem, Israel-based Kesselman & Kesselman, the Company's
auditor since 2018, issued a "going concern" qualification in its
report dated March 7, 2025, citing that the Company has net losses
and has generated negative cash flows from operating activities for
the years ended Dec. 31, 2024, 2023 and 2022. These conditions
create significant uncertainty regarding the Company's ability to
continue as a going concern.
[] Bankruptcy Filings in Colorado Climb 8% in August 2025
---------------------------------------------------------
BizWest reports that bankruptcy filings in Colorado increased by 8%
in August 2025 compared with the same month last 2024. This follows
a 10% rise in June, reflecting ongoing financial challenges
statewide.
The types of filings were not broken down, but the rise suggests
that both individuals and companies may be struggling amid
inflation, higher interest rates, and economic uncertainty. This
increase mirrors broader national trends, as other states are
reporting similar spikes in bankruptcies. Colorado's June 2025
filings had already jumped 10% from the prior year, the report
states.
Keeping an eye on these trends through the rest of 2025 will be
important for understanding their effect on the state's economy and
population. Insights into the underlying causes can help guide
policy decisions and financial support strategies, the report
relays.
[^] Recent Small-Dollar & Individual Chapter 11 Filings
-------------------------------------------------------
In re Daniels Real Estate Holdings LLC
Bankr. N.D. Ga. Case No. 25-59876
Chapter 11 Petition filed August 29, 2025
Filed Pro Se
In re Hart & Hart Investments, Inc.
Bankr. N.D. Ga. Case No. 25-21225
Chapter 11 Petition filed August 29, 2025
See
https://www.pacermonitor.com/view/IOX55VI/Hart__Hart_Investments_Inc__ganbke-25-21225__0001.0.pdf?mcid=tGE4TAMA
represented by: William Rountree, Esq.
ROUNTREE, LEITMAN, KLEIN & GEER, LLC
E-mail: wrountree@rlkglaw.com
In re Drongo LLC
Bankr. W.D. Tex. Case No. 25-52028
Chapter 11 Petition filed August 31, 2025
See
https://www.pacermonitor.com/view/XTPUKDI/Drongo_LLC__txwbke-25-52028__0001.0.pdf?mcid=tGE4TAMA
represented by: Morris E. "Trey" White, III, Esq.
VILLA & WHITE LLP
E-mail: treywhite@villawhite.com
In re Rapid Marine Fuels, LLC
Bankr. S.D. Tex. Case No. 25-35152
Chapter 11 Petition filed September 1, 2025
See
https://www.pacermonitor.com/view/T2KFTJQ/Rapid_Marine_Fuels_LLC__txsbke-25-35152__0001.0.pdf?mcid=tGE4TAMA
represented by: Mark P. Yablon, Esq.
YABLON LAW PLLC
E-mail: bankruptcy@yablonlaw.com
In re Danny Clarke Owens
Bankr. W.D. Tex. Case No. 25-60630
Chapter 11 Petition filed September 1, 2025
represented by: Manolo Santiago, Esq.
In re 7243 April Court, LLC
Bankr. N.D. Ga. Case No. 25-60025
Chapter 11 Petition filed September 1, 2025
See
https://www.pacermonitor.com/view/A2ZC6AQ/7243_April_Court_LLC__ganbke-25-60025__0001.0.pdf?mcid=tGE4TAMA
represented by: Will Geer, Esq.
ROUNTREE, LEITMAN, KLEIN & GEER, LLC
E-mail: wgeer@rlkglaw.com
In re Ted Booher
Bankr. S.D. Tex. Case No. 25-35153
Chapter 11 Petition filed September 1, 2025
represented by: Mark Yablon, Esq.
In re Los Angeles OZF, LLC
Bankr. C.D. Cal. Case No. 25-11611
Chapter 11 Petition filed September 2, 2025
See
https://www.pacermonitor.com/view/SZ22CPY/LOS_ANGELES_OZF_LLC__cacbke-25-11611__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Louis J LaFond
Bankr. D. Colo. Case No. 25-15654
Chapter 11 Petition filed September 2, 2025
represented by: Daniel Garfield, Esq.
In re Elina Magaly Santana
Bankr. S.D. Fla. Case No. 25-20266
Chapter 11 Petition filed September 2, 2025
represented by: Chad Van Horn, Esq.
In re Laura Ann Luzzi
Bankr. N.D. Ga. Case No. 25-60111
Chapter 11 Petition filed September 2, 2025
represented by: Angelyn Wright, Esq.
THE WRIGHT LAW ALLIANCE, P.C.
In re Making Ways LLC
Bankr. N.D. Ga. Case No. 25-60064
Chapter 11 Petition filed September 2, 2025
Filed Pro Se
In re E.O. Properties LLC
Bankr. N.D. Ga. Case No. 25-60071
Chapter 11 Petition filed September 2, 2025
Filed Pro Se
In re My Store-Waskish LLC
Bankr. D. Minn. Case No. 25-60538
Chapter 11 Petition filed September 2, 2025
See
https://www.pacermonitor.com/view/5YYQGAQ/My_Store-Waskish_LLC__mnbke-25-60538__0001.0.pdf?mcid=tGE4TAMA
represented by: Kesha Tanabe, Esq.
VOGEL LAW FIRM
E-mail: ktanabe@vogellaw.com
In re Intrex, Inc.
Bankr. E.D.N.C. Case No. 25-03407
Chapter 11 Petition filed September 2, 2025
See
https://www.pacermonitor.com/view/DRJFYHY/Intrex_Inc__ncebke-25-03407__0001.0.pdf?mcid=tGE4TAMA
represented by: William Kroll, Esq.
GASKINS HANCOCK TUTTLE HASH LLP
E-mail: bill@ghthlaw.com
In re RCL 106
Bankr. E.D.N.Y. Case No. 25-44184
Chapter 11 Petition filed September 2, 2025
See
https://www.pacermonitor.com/view/P3HHVEY/RCL_106__nyebke-25-44184__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re 1132 39 St LLC
Bankr. E.D.N.Y. Case No. 25-44195
Chapter 11 Petition filed September 2, 2025
See
https://www.pacermonitor.com/view/FNOOO2Y/1132_39_ST_LLC__nyebke-25-44195__0001.0.pdf?mcid=tGE4TAMA
represented by: Vivian Sobers, Esq.
SOBERS LAW PLLC
E-mail: vsobers@soberslaw.com
In re Nathanael P. Anderton and Megan M. Anderton
Bankr. S.D. Ohio Case No. 25-53836
Chapter 11 Petition filed September 2, 2025
represented by: David Whittaker, Esq.
In re Michael J. Raczkowski
Bankr. W.D. Pa. Case No. 25-22342
Chapter 11 Petition filed September 2, 2025
represented by: David Valencik, Esq.
CALAIARO VALENCIK
Email: dvalencik@c-vlaw.com
In re Jebco Properties, LLC
Bankr. N.D. Tex. Case No. 25-43329
Chapter 11 Petition filed September 2, 2025
See
https://www.pacermonitor.com/view/6AL73II/Jebco_Properties_LLC__txnbke-25-43329__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Epiphany Investments Group Limited Liability Company
Bankr. S.D. Tex. Case No. 25-35181
Chapter 11 Petition filed September 2, 2025
Filed Pro Se
In re Claudia Elena Serna
Bankr. W.D. Tex. Case No. 25-11371
Chapter 11 Petition filed September 2, 2025
represented by: Lauren Schoener, Esq.
In re Jammie B. Floyd
Bankr. E.D. Va. Case No. 25-33497
Chapter 11 Petition filed September 2, 2025
represented by: Hunter Wells, Esq.
In re Steven D Dye, Jr and Rebecca L Bluemel
Bankr. E.D. Wisc. Case No. 25-24951
Chapter 11 Petition filed September 2, 2025
represented by: Colton Chase, Esq.
In re Hospitality Management Associates, Inc.
Bankr. M.D. Ala. Case No. 25-32090
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/R3KAXUY/Hospitality_Management_Associates__almbke-25-32090__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Patricia Lynn Stephens
Bankr. E.D. Cal. Case No. 25-12997
Chapter 11 Petition filed September 3, 2025
In re Helen Bach Dang
Bankr. N.D. Cal. Case No. 25-30700
Chapter 11 Petition filed September 3, 2025
represented by: Matthew Metzger, Esq.
In re Sirke Brothers
Bankr. S.D. Cal. Case No. 25-03702
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/NHYIF5A/Sirke_Brothers__casbke-25-03702__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Palazzo Development Group Inc.
Bankr. M.D. Fla. Case No. 25-01721
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/EUHSD3I/Palazzo_Development_Group_Inc__flmbke-25-01721__0001.0.pdf?mcid=tGE4TAMA
represented by: Jonathan Bierfeld, Esq.
MARTIN LAW FIRM, P.L.
Email:
jonathan.bierfeld@martinlawfirm.com
In re Justin C. Raprager
Bankr. M.D. Fla. Case No. 25-06401
Chapter 11 Petition filed September 3, 2025
represented by: Jake C. Blanchard, Esq.
BLANCHARD LAW, P.A.
Email: jake@jakeblanchardlaw.com
In re Wright Houses NOLA LLC
Bankr. E.D. La. Case No. 25-11964
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/H7LBZYY/Wright_Houses_NOLA_LLC__laebke-25-11964__0001.0.pdf?mcid=tGE4TAMA
represented by: Edwin M. Shorty Jr., Esq.
EDWIN M. SHORTY, JR. & ASSOCIATES
Email: EShorty@eshortylawoffice.com
In re 177 Hampshire Road, LLC
Bankr. D. Mass. Case No. 25-40936
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/2EGYIAY/177_Hampshire_Road_LLC__mabke-25-40936__0001.0.pdf?mcid=tGE4TAMA
represented by: John Sommerstein, Esq.
JOHN F. SOMMERSTEIN
Email: jfsommer@aol.com
In re CM Holdings USA LLC
Bankr. D. Nev. Case No. 25-15206
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/GSZP42Q/CM_HOLDINGS_USA_LLC__nvbke-25-15206__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re R.C. Construction LLC
Bankr. D.N.J. Case No. 25-19241
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/H7AE57Y/RC_Construction_LLC__njbke-25-19241__0001.0.pdf?mcid=tGE4TAMA
represented by: Melinda Middlebrooks, Esq.
MIDDLEBROOKS SHAPIRO, P.C.
Email:
middlebrooks@middlebrooksshapiro.com
In re 63 Mill River Road LLC
Bankr. E.D.N.Y. Case No. 25-73371
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/JRCWBVY/63_Mill_River_Road_LLC__nyebke-25-73371__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re 132 Woodside LLC
Bankr. E.D.N.Y. Case No. 25-73370
Chapter 11 Petition filed September 3, 2025
Filed Pro Se
In re 1918 East Nine Street LLC
Bankr. E.D.N.Y. Case No. 25-44212
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/K3YGYGY/1918_East_Nine_Street_LLC__nyebke-25-44212__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Rasheed Ola Olayinka Trust
Bankr. E.D.N.Y. Case No. 25-44205
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/FNEUSSA/Rasheed_Ola_Olayinka_Trust__nyebke-25-44205__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re WJH Construction, LLC
Bankr. E.D. Pa. Case No. 25-13514
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/JVLRKPI/WJH_CONSTRUCTION_LLC__paebke-25-13514__0001.0.pdf?mcid=tGE4TAMA
represented by: Maggie Soboleski, Esq.
CENTER CITY LAW OFFICES, LLC
Email: msoboles@yahoo.com
In re Tiffany Michelle Maciejack and Michael Scott Maciejack
Bankr. E.D. Tex. Case No. 25-42622
Chapter 11 Petition filed September 3, 2025
represented by: Daniel Herrin, Esq.
In re Oysterbay Integrated Services Incorporated
Bankr. S.D. Tex. Case No. 25-35221
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/YR45M3I/Oysterbay_Integrated_Services__txsbke-25-35221__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Excell Aerofab, LLC
Bankr. W.D. Wash. Case No. 25-12455
Chapter 11 Petition filed September 3, 2025
See
https://www.pacermonitor.com/view/C4NJTXY/Excell_Aerofab_LLC__wawbke-25-12455__0001.0.pdf?mcid=tGE4TAMA
represented by: Jennifer L. Neeleman, Esq.
NEELEMAN LAW GROUP, P.C.
Email: courtmail@expresslaw.com
In re Dennis William Murphy
Bankr. C.D. Cal. Case No. 25-12493
Chapter 11 Petition filed September 4, 2025
See
https://www.pacermonitor.com/view/QCPF2RA/Dennis_William_Murphy__cacbke-25-12493__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Town & Country West LLC
Bankr. E.D. Cal. Case No. 25-24784
Chapter 11 Petition filed September 4, 2025
See
https://www.pacermonitor.com/view/74MFDNI/Town__Country_West_LLC__caebke-25-24784__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Harmony Wellness, Inc.
Bankr. D. Colo. Case No. 25-15682
Chapter 11 Petition filed September 4, 2025
See
https://www.pacermonitor.com/view/QKTNBKI/Harmony_Wellness_Inc__cobke-25-15682__0001.0.pdf?mcid=tGE4TAMA
represented by: Jeffrey A. Weinman, Esq.
ALLEN VELLONE WOLF HELFRICH & FACTOR,
P.C.
Email: jweinman@allen-vellone.com
In re CPW Corp.
Bankr. D. Conn. Case No. 25-20930
Chapter 11 Petition filed September 4, 2025
See
https://www.pacermonitor.com/view/D6XEAII/CPW_Corp__ctbke-25-20930__0001.0.pdf?mcid=tGE4TAMA
represented by: Jeffrey M. Sklarz, Esq.
GREEN & SKLARZ LLC
Email: jsklarz@gs-lawfirm.com
In re Ashland Pacific Integrated UCSB Holdings I, LLC
Bankr. D. Del. Case No. 25-11641
Chapter 11 Petition filed September 4, 2025
See
https://www.pacermonitor.com/view/KXCKXHY/Ashland_Pacific_Integrated_UCSB__debke-25-11641__0001.0.pdf?mcid=tGE4TAMA
represented by: Mette H. Kurth, Esq.
PIERSON FERDINAND LLP
Email: mette.kurth@pierferd.com
In re Steel Horse Jewelry, Inc.
Bankr. S.D. Fla. Case No. 25-20334
Chapter 11 Petition filed September 4, 2025
See
https://www.pacermonitor.com/view/QWA6CDY/Steel_Horse_Jewelry_Inc__flsbke-25-20334__0001.0.pdf?mcid=tGE4TAMA
represented by: Jordan L. Rappaport, Esq.
RAPPAPORT OSBORNE & RAPPAPORT, PLLC
In re Inca Boot Company, LLC
Bankr. W.D. Tex. Case No. 25-11382
Chapter 11 Petition filed September 4, 2025
See
https://www.pacermonitor.com/view/M77RH3Q/Inca_Boot_Company_LLC__txwbke-25-11382__0001.0.pdf?mcid=tGE4TAMA
represented by: An Nguyen, Esq.
NGUYEN LAW, PLLC
Email: an@anwinlaw.com
In re 3 Queens Company LLC
Bankr. N.D. Cal. Case No. 25-51373
Chapter 11 Petition filed September 5, 2025
See
https://www.pacermonitor.com/view/FIBX3AA/3_Queens_Company_LLC__canbke-25-51373__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Murrays Countryside Insurance Services Inc.
Bankr. E.D. Cal. Case No. 25-24821
Chapter 11 Petition filed September 5, 2025
See
https://www.pacermonitor.com/view/7337J2A/MURRAYS_COUNTRYSIDE_INSURANCE__caebke-25-24821__0001.0.pdf?mcid=tGE4TAMA
represented by: David Foyil, Esq.
EQUAL JUSTICE LAW GROUP
Email: davidfoyil@equaljusticelawgroup.com
In re CLNG Homes, LLC
Bankr. M.D. Fla. Case No. 25-03106
Chapter 11 Petition filed September 5, 2025
See
https://www.pacermonitor.com/view/WKXZFWY/CLNG_Homes_LLC__flmbke-25-03106__0001.0.pdf?mcid=tGE4TAMA
represented by: Bryan K. Mickler, Esq.
LAW OFFICES OF MICKLER & MICKLER, LLP
Email: bkmickler@planlaw.com
In re 381 Investments Inc.
Bankr. N.D. Ind. Case No. 25-21809
Chapter 11 Petition filed September 5, 2025
See
https://www.pacermonitor.com/view/VOH6MJQ/381_Investments_INC__innbke-25-21809__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Marita Victoria Ferriter and Michael Ferriter
Bankr. D. Md. Case No. 25-18208
Chapter 11 Petition filed September 5, 2025
represented by: Daniel Staeven, Esq.
In re 307 Troy Ave LLC
Bankr. E.D.N.Y. Case No. 25-44236
Chapter 11 Petition filed September 4, 2025
See
https://www.pacermonitor.com/view/JVNNEMA/307_TROY_AVE_LLC__nyebke-25-44236__0001.0.pdf?mcid=tGE4TAMA
represented by: Joseph Y. Balisok, Esq.
BALISOK & KAUFMAN PLLC
Email: bankruptcy@lawbalisok.com
In re Bushwick 1098 Corp
Bankr. E.D.N.Y. Case No. 25-44239
Chapter 11 Petition filed September 4, 2025
See
https://www.pacermonitor.com/view/SGG5ASI/Bushwick_1098_Corp__nyebke-25-44239__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Rich Lucky Food Group LLC
Bankr. E.D.N.Y. Case No. 25-44266
Chapter 11 Petition filed September 5, 2025
See
https://www.pacermonitor.com/view/QCXP2VY/Rich_Lucky_Food_Group_LLC__nyebke-25-44266__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Bean Brothers Landscaping, LLC
Bankr. W.D.N.C. Case No. 25-40201
Chapter 11 Petition filed September 5, 2025
See
https://www.pacermonitor.com/view/USNCSXY/Bean_Brothers_Landscaping_LLC__ncwbke-25-40201__0001.0.pdf?mcid=tGE4TAMA
represented by: John C. Woodman, Esq.
ESSEX RICHARDS PA
Email: jwoodman@essexrichards.com
In re Bean Brothers Hardware & Supply, LLC
Bankr. W.D.N.C. Case No. 25-40202
Chapter 11 Petition filed September 5, 2025
See
https://www.pacermonitor.com/view/2D7SENI/Bean_Brothers_Hardware__Supply__ncwbke-25-40202__0001.0.pdf?mcid=tGE4TAMA
represented by: John C. Woodman, Esq.
ESSEX RICHARDS PA
Email: jwoodman@essexrichards.com
In re Marie A Young
Bankr. W.D. Wisc. Case No. 25-11983
Chapter 11 Petition filed September 5, 2025
represented by: Tibby Madison, Esq.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
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Troubled Company Reporter is a daily newsletter co-published
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Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
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Peter A. Chapman, Editors.
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