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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
Tuesday, September 16, 2025, Vol. 29, No. 258
Headlines
10TH AVENUE: Public Sale Auction Set for October 24
1300 DESERT: Seeks Court Approval to Hire Colliers as Appraiser
1514 E 45 ST: Seeks Chapter 11 Bankruptcy in New York
31-41 44TH ST: Claims to be Paid from Property Sale Proceeds
315 MANHATTAN: Claims to be Paid from Property Sale Proceeds
3910 ENTERPRISES: Hires Chart Capital as Financial Advisor
3910 ENTERPRISES: Taps Genevieve Graham PLLC as Bankruptcy Counsel
7 ELEVEN: Closes More Than 500 Stores Under Optimization Program
ADDISON GROUP: Moody's Assigns 'B3' CFR, Outlook Stable
AGREETA SOLUTIONS: Gets Interim OK to Use Cash Collateral
AHP HEALTH: Amendment to Loan Agreement No Impact on Moody's B1 CFR
ALEXANDER PARK: Oct. 17, 2025 Public Sale Auction Set
ALL PHASE: Gets Interim OK to Use Cash Collateral Until Sept. 30
ALLSPRING BUYER: Fitch Alters Outlook on 'BB-' IDR to Negative
ANCIOM LLC: Unsecureds Will Get 8.55% of Claims over 36 Months
API GP VENTURE: Gets Interim OK to Use Cash Collateral
APPALACHIAN PRODUCER: Hires Thompson Law Group as Legal Counsel
ARC FALCON I: DuPont Transaction No Impact on Moody's 'B2' CFR
ARCLINE FM: $75MM Incremental Loan No Impact on Moody's 'B2' CFR
ARIZONA DEPT. OF CORRECTIONS: Considered Placing in Receivership
ARTIFICIAL INTELLIGENCE: Launches Redesigned Corporate Website
ASPEN ELECTRONICS: Employs Zick Business as Advisors
ATKORE INT'L: Moody's Rates New $373MM Sr. Secured Term Loan 'Ba1'
B & B SMITH: Case Summary & 20 Largest Unsecured Creditors
B & B SMITH: Seeks Chapter 11 Bankruptcy in Alabama
B & L LAND: Case Summary & One Unsecured Creditor
B.G. STARWOOD: Seeks to Tap John Lacher as Legal Counsel
BANK OF HAWAII: Moody's Withdraws '(P)Ba1' Non-Cumulative Rating
BASIS CHARTER: S&P Raises Revenue Bond Long-Term Rating to 'BB+
BAXSTO LLC: Taps Barron & Newburger as Legal Counsel
BEELINE HOLDINGS: Joins Centurion One Capital Summit, Oct. 28–29
BOOTHE INVESTMENTS: Hires Ehrhard & Associates as Legal Counsel
BRADBURY LESSEE: Seeks Chapter 7 Bankruptcy in New York
BRIGGS BROTHERS: Seeks to Hire Bankruptcy Center as Counsel
CAPITAL WHOLESALE: Areya Holder Aurzada Named Subchapter V Trustee
CHANNING HALL: S&P Raises 2017 Revenue Bonds Rating to 'BB+'
CHERISHED LAND: Case Summary & Four Unsecured Creditors
CHUNGA-JINGA LLC: Seeks to Extend Plan Exclusivity to November 21
CITY PARK: Chris Quinn Named Subchapter V Trustee
CLNG HOMES: Jerrett McConnell Named Subchapter V Trustee
CONCEPT CONNECTIONS: Gets Interim OK to Use Cash Collateral
D2 GOVERNMENT: Court Extends Cash Collateral Access to Sept. 22
DATABASED SOLUTIONS: Voluntary Chapter 11 Case Summary
DEREK L. MARTIN: Taps Law Office of Judith A. Descalso as Counsel
DIRECTV FINANCING: Moody's Rates New $1.5BB Sr. Secured Notes 'B1'
DRAGONFLY PRIMARY: Case Summary & 20 Largest Unsecured Creditors
DYNAMISM LLC: Gets Interim OK to Use Cash Collateral
ELM STREET: Hires Ehrhard & Associates as Legal Counsel
EMPIRE TODAY: S&P Downgrades ICR to 'CCC' on Weakening Liquidity
ENCINO ACQUISITION: Moody's Withdraws 'B2' CFR on Debt Redemption
ENERGIZER HOLDINGS: Moody's Rates New $300MM Unsecured Notes 'B2'
ENTECCO FILTER: Taps Williams Overman Pierce LLP as Accountant
ES PARTNERS: Seeks to Hire BizTx Law as Special Counsel
EVENTIDE CREDIT: Unsecureds to Recover 25% in Committee's Plan
FIRST CLASS: Gets Extension to Access Cash Collateral
FUTURE FINTECH: All Five Proposals Approved at Annual Meeting
GENESIS HEALTHCARE: Court OKs CPE-Led Sale Process
GENESIS HEALTHCARE: Deadline to File Claims Set for Oct. 31, 2025
GEORGIA VASCULAR: Court Extends Cash Collateral Access to Sept. 30
GMS INC: S&P Withdraws 'BB-' ICR After Acquisition Close
GOLDEN STATE FOODS: Moody's Cuts CFR to 'B3', Outlook Stable
GPD COMPANIES: Moody's Withdraws 'Caa1' Corporate Family Rating
GRANT THORNTON: Term Loan Expansion No Impact on Moody's 'B2' CFR
GRDN HOSPITALITY: Gets Interim OK to Use Cash Collateral
GROUPE SOLMAX: Pioneer Floating Marks $579,000 Loan at 19% Off
GYP HOLDINGS III: Moody's Withdraws 'Ba1' CFR on Debt Repayment
HAMPTON ROADS: Moody's Affirms Ba2 Rating on 2007-A Class II Bonds
HARE TAYLOR: Amends Unsecured Claims Pay Details
HARMONY WELLNESS: Hires Allen Vellone Wolf as Legal Counsel
HASSAKE ENTERPRISES: Case Summary & Four Unsecured Creditors
HAWAIIAN ELECTRIC: Moody's Rates New $400MM Unsecured Notes 'Ba2'
HIGH SOURCES: Plan Filing Deadline Extended to Oct. 15
HOMES NOW: Hires Premier Properties as Real Estate Broker
HOVNANIAN ENTERPRISES: Moody's Affirms 'B2' CFR, Outlook Stable
HPC VINEBURN: Hires Snell & Wilmer as General Bankruptcy Counsel
HYPERSCALE DATA: Ault & Company, 4 Affiliates Hold 82.21% Stake
IMSTEM BIOTECHNOLOGY: Taps Shatz Schwartz as Legal Counsel
INFINITE GLOW: Unsecureds to Recover 1.5% via Quarterly Payments
INGEVITY CORP: Moody's Alters Outlook on 'Ba2' CFR to Stable
JACKSONVILLE MOVING: Gets Interim OK to Use Cash Collateral
JENNIFER M. LENNEMANN: Deed of Trust Sale Invalid, Court Holds
JONES DESLAURIERS: Moody's Rates New New Unsecured Notes 'Caa2'
KINGPIN INTERMEDIATE: Moody's Rates New x$1BB First Lien Loan 'B2'
KOKINOS MANAGEMENT: Voluntary Chapter 11 Case Summary
KULANA HALE: Section 341(a) Meeting of Creditors on October 20
KYI ENTERPRISES: Janice Seyedin Named Subchapter V Trustee
LA NOTTE VENTURES: Court Extends Cash Collateral Access to Oct. 8
LASERCYCLE INC: U.S. Trustee Unable to Appoint Committee
LHS BORROWER: Moody's Withdraws 'B3' CFR Following Debt Repayment
LUXURBAN HOTELS: Case Summary & 20 Largest Unsecured Creditors
MARELLI AUTOMOTIVE: Two Creditors Step Down as Committee Members
MARIN SOFTWARE: Exits Chapter 11 With New Equity Structure
MEDICAL DEPOT: Moody's Affirms 'Caa2' CFR, Outlook Stable
METHODIST HOSPITALS: S&P Affirms 'BB+' Rating in 2024A Rev. Bonds
MOD JEWELRY: Hires Rappaport Osborne as Legal Counsel
MODIVCARE INC: Recovery for Unsecureds Still to Be Determined
MY SIZE: Stockholders OK All Proposals at 2025 Annual Meeting
NABORS INDUSTRIES: Credit Amendment Allows Annual $100M Buyback
NATEL ENGINEERING: Moody's Cuts CFR to 'Caa2', Outlook Negative
NEW CENTURY: Enters Receivership, Liquidation
OAKTREE OCALA: Gets Interim OK to Use Cash Collateral Until Oct. 24
OBJECT & SUBJECT: Case Summary & 20 Largest Unsecured Creditors
OCUGEN INC: To Invest $5M in Carisma as Part of NeoCart Merger Deal
ODYSSEY LOGISTICS: Moody's Cuts CFR to 'B3', Outlook Stable
OPE INMAR: Moody's Affirms 'B3' CFR & Alters Outlook to Stable
OPTION CARE: Moody's Rates New Secured Bank Credit Facilities 'Ba2'
PADAGIS LLC: S&P Alters Outlook to Negative, Affirms 'B' ICR
PECF USS III: Moody's Cuts CFR to Ca to 'C', Outlook Stable
PHOEBEN 2 LLC: Case Summary & 20 Largest Unsecured Creditors
PINSTRIPE HOLDINGS: Court OKs DIP Loan From Silverview
PLANET GREEN: Divests Promising Prospect HK
PLATINUM HEIGHTS: Plan Exclusivity Period Extended to October 3
PRESENTATION MEDIA: Wins Interim Cash Collateral Access to Oct. 10
PYRAMID CONCRETE: Case Summary & One Unsecured Creditor
QUALITY FIRST: Claims to be Paid from Disposable Income
QUEST IDENTITY: S&P Rates First-Lien 3.5-Out Term Loan 'CCC'
R & L HANDYMAN: Unsecureds Will Get 15% of Claims over 5 Years
RAPID MARINE: Melissa Haselden Named Subchapter V Trustee
REWA PROPERTIES: Hires Mark S. Roher P.A. as Legal Counsel
RIVERFRONT ASSOCIATES: Claims to be Paid from Asset Sale Proceeds
RUSS'S MULCH: Case Summary & Eight Unsecured Creditors
SABER AUTOMOTIVE: Unsecureds to Get Share of Income for 36 Months
SAGEHOME LLC: Public Sale of Assets Set for September 30
SERVICE PROPERTIES: Moody's Cuts CFR to 'Caa1', Outlook Stable
SHIELDCOAT TECHNOLOGIES: Amends Plan to Include CFP Secured Claim
SILGAN HOLDINGS: Fitch Assigns 'BB+' Rating on Sr. Unsecured Notes
SMITH ENVIRONMENTAL: Claims to be Paid from Continued Operations
SOTERA HEALTH: S&P Rates New $1.42BB Sr. Secured Term Loan B 'BB-'
SOUTH BAY PROPERTY: Court Affirms Dismissal of Bankruptcy Case
SPLASH BEVERAGE: Increases Authorized Common Shares to 400 Million
STATEN ISLAND: Updates Several Secured Claims Pay Details
SYNDIGO LLC: Moody's Withdraws 'B3' CFR Following Debt Repayment
TEXAS MANAGEMENT: Gets Final OK to Use Cash Collateral
TRICO MILLWORKS: Case Summary & 20 Largest Unsecured Creditors
TURTLE LANE: Hires Bowditch & Dewey LLP as Legal Counsel
TZADIK SIOUX: Comm. Taps Trustee Realty as Real Estate Consultant
TZADIK SIOUX: Plan Exclusivity Period Extended to October 6
UNITED BELIEVERS: Unsecureds Will Get 12% of Claims over 60 Months
UWM HOLDINGS: Moody's Rates New $600MM Sr. Unsecured Notes 'Ba3'
V.F. CORP: Moody's Cuts Unsecured Notes to 'Ba3', Outlook Negative
VALKEN INC: Court Extends Cash Collateral Access to Oct. 10
VIASAT INC: Stockholders OK All Proposals at Annual Meeting
VIVACE HOSPITALITY: Case Summary & 20 Largest Unsecured Creditors
VYVVE LLC: Claims to be Paid from Disposable Income
WALKER EDISON: Owes Top 30 Unsecured Creditors $18.4MM
WALKER EDISON: U.S. Trustee Appoints Creditors' Committee
WATCO COMPANIES: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
WATERMAN-SMITH I: Unsecureds Will Get 100% of Claims in Plan
WEATHERMASTER ROOFING: Case Summary & 20 Top Unsecured Creditors
WELLNESS AND HYDRATION: Unsecureds to Split $3,400 over 3 Years
WHITESTONE CROSSING: Seeks to Extend Plan Exclusivity to Nov. 10
WILLIAMS TREE: Taps Magee Goldstein Lasky as Legal Counsel
WINDMILL POINT: Court Extends Cash Collateral Access to Oct. 9
WOHALI LAND: Needs $6MM to Sustain Operations During Chapter 11
XPA LIQUIDATED: Seeks Chapter 7 Bankruptcy in California
[] Moody's Takes Rating Action on 23 Bonds from 10 US RMBS Deals
*********
10TH AVENUE: Public Sale Auction Set for October 24
---------------------------------------------------
Northgate Real Estate Group ("NREG") on behalf of 460 West 20
Lenders LLC, a New York limited liability company ("Secured Party")
will offer for sale at public auction 100% of the limited liability
company interests ("Interests") held by GMTFH, LLC, a Delaware
limited liability company ("Pledgor") in 10th Avenue Associates,
LLC, a New York limited liability company ("Pledged Entity”), as
set forth in that certain Pledge and Security Agreement made as of
July 31, 2024 ("Pledge Agreement"), together with certain rights
and property representing, relating to, or arising from the
Interests ("Collateral").
Based upon information provided by Pledgor, it is the understanding
of Secured Party (but without any recourse to, or representation or
warranty of any kind by, Secured Party as to accuracy or
completeness) that (i) the Interests constitute the principal asset
of Pledgor, (ii) Pledged Entity owns the property located at 460
West 20th Street, New York, New York ("Property"), (iii) the
Property is subject to a ground lease, and (iv) Borrower is debtor
under a mortgage loan in the original principal amount of
$4,500,000 ("Loan"), which Loan is in default.
The Sale will take place on Oct. 24, 2025 at 10:00 a.m. Eastern
Time by Matthew D. Mannion, Licensed Auctioneer, and/or William
Mannion, Licensed Auctioneer, of Mannion Auctions, LLC in
compliance with New York Uniform Commercial Code Section 9-610.
The sale will be conducted in person on the courthouse steps of the
New York County Supreme Court, 60 Centre Street, New York, New York
10007 and virtually via online video conference. The URL address
and password for the "Datasite" referred to below will be provided
to all registered participants.
Deadline to submit bid is on Oct. 20, 2025 at 9:00 a.m. (Eastern
Time), and an auction will take place on Oct. 24, 2025 at 10:00
a.m. (Eastern Time). Location:
In Person At:
New York County Supreme Court
60 Centre Street
New York, New York 10007
and
Via ZOOM
https://bit.ly/460w20ucc (URL is case sensitive)
Meeting ID: 820 5608 4939
Passcode: 481061
Dial-in: +1 646 931 3860 (US)
Any interested bidders must contact Greg Corbin at (212) 369-1800
or greg@northgate.reg.com no less than 9:00 a.m. (New York Time) on
Oct. 17, 2025.
1300 DESERT: Seeks Court Approval to Hire Colliers as Appraiser
---------------------------------------------------------------
1300 Desert Willow Road, LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of New York to hire
Colliers to serve as appraiser in its Chapter 11 case.
Colliers will provide these services:
(a) provide valuation consulting services for the Property,
consisting of the review of documentation, data collection and
research; and
(b) prepare a written draft appraisal report, and if necessary,
convert the draft report to a final report.
The negotiated flat fee for the foregoing is $15,000. Colliers will
bill on an hourly basis for time to the extent necessary to convert
the draft appraisal report to a final report. Said hourly fees
range from $250 to $700. The hourly rate for the individual
overseeing the appraisal, Conner Marshall, is $500.
Colliers will also seek the reimbursement of travel and out of
pocket expenses related to its work pursuant to the Agreement. In
addition, the Agreement provides for an administrative recovery
expense of 5.0% of hourly billings in lieu of a separate bill for
administrative expense.
The Agreement provides for a deposit of $15,000 to be credited
towards the work related to the appraisal of the Property. Such
fees will not be paid by the Debtor and will be paid either by a
third-party or by counsel.
Colliers 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:
Conner Marshall, MAI, AI-GRS
COLLIERS
5051 Journal Center Boulevard NE, Suite 200
Albuquerque, NM 87109
Direct: (505) 880-7053
Mobile: (505) 980-9454
E-mail: conner.marshall@colliers.com
About 1300 Desert Willow Road
1300 Desert Willow Road, LLC owns a property at 1300 Desert Willow
Road in Los Lunas, New Mexico, valued at $40 million.
1300 Desert Willow Road sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11375) on June 22,
2025. In its petition, the Debtor reported between $10 million and
$50 million in assets and liabilities.
Judge Philip Bentley oversees the case.
The Debtor is represented by H. Bruce Bronson, Esq., at Bronson Law
Offices, PC.
Romspen Investment LP, as lender, is represented by:
Brigid K. Ndege, Esq.
Bryan Cave Leighton Paisner, LLP
161 North Clark Street, Suite 4300
Chicago, Illinois 60601
Telephone: (312) 602-5000
Facsimile: (312) 602-5050
E-mail: brigid.ndege@bclplaw.com
1514 E 45 ST: Seeks Chapter 11 Bankruptcy in New York
-----------------------------------------------------
On September 11, 2025, 1514 E 45 St. Inc. filed Chapter 11
protection in the Eastern District of New York. According to court
filing, the Debtor reports $1,648,819 in debt owed to 1 and 49
creditors. The petition states funds will be available to unsecured
creditors.
About 1514 E 45 St. Inc.
1514 E 45 St. Inc. owns a property at 978 Dekalb Avenue in
Brooklyn, New York, with an estimated value of $1.1 million.
1514 E 45 St. Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-44357) on September
11, 2025. In its petition, the Debtor reports total assets of
$1,106,900 and total liabilities of $1,648,819.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
The Debtor is represented by Erica Yitzhak, Esq. at THE YITZHAK LAW
GROUP.
31-41 44TH ST: Claims to be Paid from Property Sale Proceeds
------------------------------------------------------------
31-41 44Th St Realty LLC a/k/a 31-41 44th Street Realty LLC filed
with the U.S. Bankruptcy Court for the Eastern District of New York
a Disclosure Statement for the Amended Chapter 11 Plan dated
September 5, 2025.
The Debtor is a New York limited liability company formed on or
about January 15, 2021, for the purpose of owning and operating the
Property, a three-story multi-family residential building
constructed in approximately 1929, containing twelve rental units,
all of which are currently occupied.
The Debtor's members are Anthony Koutsidis, Angelo Koutsidis, and
Irene Koutsidis, who oversee the Debtor's day-to-day operations,
business, financial affairs, and books and records.
The Property generates rental income from its tenants, which
historically averaged approximately $15,000 per month prepetition,
subject to ordinary fluctuations. The Debtor has no employees and
contracts with third parties for property management and
maintenance services as needed.
The Plan provides for the sale of the Debtor's primary asset, the
real property located at 31-41 44th Street, Astoria, New York 11103
(the "Property"), through a court-supervised process, with proceeds
to fund distributions to creditors.
The Plan is predicated upon a sale of the Property without an
auction process unless required by the Bankruptcy Court, and the
sale shall be free and clear of all claims, liens, taxes, and
encumbrances pursuant to section 363(f) of the Bankruptcy Code. The
Plan contemplates that the Debtor will pay priority and secured
claims in full, and general unsecured claims equal to their pro
rata share of the net proceeds from the sale of the Property.
Class 4 consists of General Unsecured Claims. Paid pro rata from
remaining sale proceeds after payment of higher priority Claims, or
if no sale occurs and exit financing is obtained (as a
contingency), in two equal annual installments without interest
commencing on the first anniversary of the Effective Date.
Estimated recovery: 100% if sale achieves projected value;
otherwise, pro rata. This Class is impaired.
Class 5 consists of Equity Interests. If the Property is sold,
Interests will be canceled, and holders will receive any surplus
proceeds after full payment of all Claims. If exit financing is
obtained as a contingency and the Debtor retains the Property,
Interests will be retained. This Class is impaired and deemed to
reject if receiving nothing. Interests held by Irene Koutsidis,
Angelo Koutsidis, and Anthony Koutsidis. Retained by the holders.
This Class is unimpaired.
The Plan will be funded primarily through the sale of the Property
pursuant to section 363 of the Bankruptcy Code and Bidding
Procedures to be approved by the Bankruptcy Court. The sale will be
conducted via auction, with confirmation sought on or before
November 24, 2025. TLOA may credit bid as a stalking horse or
otherwise. If the sale does not occur or generates insufficient
proceeds, the Plan contemplates contingency exit financing (if
obtainable) or alternative relief. Net sale proceeds will be
distributed in accordance with the Plan's priority scheme.
The Effective Date will occur upon substantial consummation,
expected shortly after sale closing. Post-confirmation, if the
Property is sold, the Debtor will wind down the estate; if
retained, the Reorganized Debtor will manage the Property under new
financing terms.
A full-text copy of the Disclosure Statement dated September 5,
2025 is available at https://urlcurt.com/u?l=hRQuoT from
PacerMonitor.com at no charge.
About 31-41 44th St Realty LLC
31-41 44th St Realty LLC is a limited liability company.
31-41 44th St Realty LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No.
24-44145) on October 4, 2024. In the petition filed by Anthony
Koutsidis, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
The Honorable Bankruptcy Judge Jil Mazer-Marino oversees the case.
The Debtor is represented by:
Julio E Portilla, Esq.
Law Office Julio E. Portilla, P.C.
31-41 44th St.
Astoria, NY 11103
315 MANHATTAN: Claims to be Paid from Property Sale Proceeds
------------------------------------------------------------
315 Manhattan Properties LLC, filed with the U.S. Bankruptcy Court
for the Southern District of New York a Disclosure Statement to
accompany Plan of Liquidation dated September 4, 2025.
The Debtor is privately held, and none of its equity is publicly
traded. The Debtor is a limited liability company, registered with
the New York Secretary of State. The Debtor's membership interests
are held by Bradley Simmons.
The Debtor, which maintains its executive offices in care of its
membership at 138 west 127th Street New York, NY 10027, owns a
five-story, walk-up, multifamily building with twenty rent
stabilized residential units located at 315 West 121st Street, New
York, New York 10027, which it has owned since May of 2021.
The Debtor, as borrower, and Piermont Bank, as lender (the
"Lender"), are parties to a certain loan facility in the principal
amount of $3,000,000.00. The Lender's interest is secured by a
mortgage.
The Debtor commenced its chapter 11 case in an effort to see if a
deal could be reached with the Lender and/or to explore a sale
option. A sale conducted during a chapter 11 process will enable to
the Debtor to fully market the Property with the hope of obtaining
the highest and best value for the benefit of the Debtor and the
stakeholders in its chapter 11 case. Such a process will likely
exceed any fire-sale conducted in connection with the State Court
foreclosure action.
On July 21, 2025, Piermont Bank filed its motion to lift the
automatic stay so that it may continue to sell the Property through
the State Court foreclosure process. The debtor filed its
opposition to such motion on August 12, 2025. The Court held a
hearing on August 26, 2025 at which the Debtor and the Piermont
Bank entered into an agreement which was read onto the record. The
terms of the resolution were as follows:
* The Debtor to pay Piermont Bank $11,000 per month in
adequate protection payments;
* The Debtor to file a motion to sell the Property by August
27, 2025 which motion shall contain the following deadlines: (i)
bid deadline of December 9, 2025; (ii) auction to be held on
December 11, 2025; and (iii) hearing of September 30, 2025 to
consider the bidding procedures with regard to the sale of the
Property.
On August 26, 2025, the Debtor filed its motion seeking to sell the
Property and establish bidding procedures with regard to same. A
hearing is scheduled for September 30, 2025 to hear the bidding
procedures portion of that motion.
Class 3 consists of the holders of General Unsecured Claims. Class
3 will be satisfied with any remaining proceeds from the sale of
the Property after paying all Administrative Claims and Classes 1
and 2 in full. Class 3 is impaired and is entitled to vote on the
Plan.
Class 4 Equity Interest Holder shall have its interests
extinguished. Class 4 is impaired and deemed to reject the Plan.
The Debtor anticipates funding the Plan from the revenue generated
at the Property.
A full-text copy of the Disclosure Statement dated September 4,
2025 is available at https://urlcurt.com/u?l=lLYLCU from
PacerMonitor.com at no charge.
Proposed Counsel to the Debtor:
Eric H. Horn, Esq.
David S. Salhanick, Esq.
Eva M. Thomas, Esq.
A.Y. STRAUSS LLC
290 West Mount Pleasant Avenue, Suite 3260
Livingston, NJ 07039
Telephone: (973) 287-5006
Facsimile: (973) 533-0217
About 315 Manhattan Properties LLC
315 Manhattan Properties LLC owns a single real estate asset
located at 315 West 121st Street in New York, NY. The Company
operates as a single-asset real estate entity, as defined in 11
U.S.C. Section 101(51B).
315 Manhattan Properties sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. N.Y. Case No.: 25-11531) on July
9, 2025. The petition was signed by Bradley Simmons as sole member,
the Debtor disclosed its estimated Assets of $1 million to $10
million and estimated Liabilities of $1 million to $10 million.
Honorable Judge Michael E Wiles presides over the case.
Eric H. Horn, Esq., at A.Y. STRAUSS LLC, represents the Debtor as
legal counsel.
3910 ENTERPRISES: Hires Chart Capital as Financial Advisor
----------------------------------------------------------
3910 Enterprises, Inc. seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas to hire Chart Capital
Management LLC to serve as financial advisor in its Chapter 11
case.
Chart Capital Management, through its principal consultant Jeffrey
Shulse, will provide these services:
(a) supervise and, if necessary, assist the Debtor in the
development and administration of its short- and long-term cash
flow forecasting and related methodologies, as well as its cash
management planning;
(b) provide assistance as may be required by the Debtor's
management in connection with development of a business plan,
restructuring plans and strategy alternatives (including sales or
leases), and any related forecasts that may be required by the
Debtor or creditor constituencies;
(c) supervise and, if necessary, assist the Debtor's other
professionals in the restructuring process to coordinate their
efforts and work product to be consistent with the Debtor's overall
restructuring goals;
(d) assist, if required, the Debtor in communications and
negotiations with its outside constituents;
(e) monitor and manage the Debtor's cash management;
(f) provide assistance to guide the Debtor through a sale process;
and
(g) provide any other services as are reasonable and customary for
a financial advisor in connection with a chapter 11 reorganization
or that are reasonable and necessary for these chapter 11 cases.
Chart Capital Management will be paid based on these hourly rates:
Financial and Business Consulting/Analysis $100
Federal, State, or Sales Tax Research $200
Federal, State, or Sales Tax Preparation $85, and
M&A/Buy or Sell Consulting $300
In addition, Chart Capital Management will seek reimbursement for
reasonable, necessary, documented out-of-pocket expenses incurred
in connection with this chapter 11 case.
According to court filings, Chart Capital Management is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached at:
Jeffrey Shulse
CHART CAPITAL MANAGEMENT LLC
2339 Commerce Street #160
Houston, TX 77002
E-mail: jshulse@chartcapitalmgmt.com
About 3910 Enterprises Inc.
3910 Enterprises, Inc. manages real estate on behalf of clients and
provides property appraisal services.
3910 Enterprises Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-80362) on August 5,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Genevieve M. Graham, Esq., at
Genevieve Graham Law, PLLC doing business as Graham, PLLC.
3910 ENTERPRISES: Taps Genevieve Graham PLLC as Bankruptcy Counsel
------------------------------------------------------------------
3910 Enterprises, Inc. seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas, Galveston Division, to
hire Genevieve Graham Law, PLLC dba Graham PLLC to serve as
bankruptcy counsel in its Chapter 11 case.
Genevieve Graham will provide these services:
(a) analyze the Debtor's financial situation and advise on the
appropriate bankruptcy filing;
(b) render bankruptcy-related legal advice regarding the Debtor's
operation and management;
(c) assist in preparing and filing the petition, schedules,
statement of financial affairs, and related pleadings;
(d) represent the Debtor at the Initial Debtor's Interview,
Meeting of Creditors, and in bankruptcy court proceedings on
administrative matters, assets, liabilities, and financial
affairs;
(e) handle adversary proceedings involving prepetition transfers,
preferences, turnover actions, liens, or property of the estate;
(f) negotiate post-petition financing and seek court approval;
(g) seek court approval for use of cash collateral;
(h) address assumption or rejection of executory contracts and
unexpired leases;
(i) prepare a disclosure statement and plan and assist in
obtaining plan confirmation;
(j) handle objections to proofs of claim and claim allowance
issues;
(k) assist in post-confirmation plan consummation; and
(l) represent the Debtor in other core and related matters,
excluding tax and securities law advice.
The firm will be compensated on an hourly basis at $500 for
Genevieve M. Graham, $400–$495 for associates, $395 for a
bankruptcy consultant, $200 for law clerks, and $100–$200 for
paraprofessionals.
The Debtor provided Genevieve Graham a $10,000 cashier's check
retainer, which was deposited into the firm's IOLTA account after
the petition was filed.
Graham 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:
Genevieve M. Graham
GENEVIEVE GRAHAM LAW, PLLC dba GRAHAM PLLC
Houston, Texas
Telephone: (832) 367-5705
E-mail: ggraham@graham-pllc.com
About 3910 Enterprises Inc.
3910 Enterprises, Inc. manages real estate on behalf of clients and
provides property appraisal services.
3910 Enterprises Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-80362) on August 5,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Genevieve M. Graham, Esq., at
Genevieve Graham Law, PLLC doing business as Graham, PLLC.
7 ELEVEN: Closes More Than 500 Stores Under Optimization Program
----------------------------------------------------------------
Daniel Kline of The Street reports that 7-Eleven is undergoing a
major shift in its U.S. operations, closing hundreds of
low-performing stores under its Fundamental Store Optimization
Program. CFO Yoshimichi Maruyama said the decision aligns with
efforts to streamline operations and refocus on areas with stronger
demand, according to the report.
The move comes as store visits fell 7.3% in August 2024, extending
a six-month decline, the report related. Traditional revenue
streams like cigarette sales have dropped by 26% since 2019, while
alternatives such as Zyn have failed to offset the downturn, the
report said. To adapt, the retailer is responding to consumer
demand for fresh, affordable, higher-quality food by expanding its
menu of prepared meals and beverages, according to The Street.
Even as it trims weaker stores, 7-Eleven is accelerating growth in
new formats. CEO Joe DePinto said the chain will open 125 new
stores in 2025 and more than 500 by 2027, incorporating concepts
such as Raise the Roost and Laredo Taco. These stores are designed
with customer feedback in mind and are already outperforming
traditional sites, delivering double-digit sales growth and
stronger traffic, with long-term gains projected to reach 30%
higher daily sales, the report states.
About 7 Eleven
7-Eleven, Inc., based in Irving, Texas, is one of the world’s
largest and most recognized convenience store chains.
ADDISON GROUP: Moody's Assigns 'B3' CFR, Outlook Stable
-------------------------------------------------------
Moody's Ratings assigned a corporate family rating of B3 and the
probability of default rating of B3-PD to Pilot Holdings, LLC
("Addison Group") and downgraded the backed senior secured first
lien instrument rating, issued by the company's subsidiary, AG
Group Holdings, Inc., to B3 from B2. The outlook for Pilot
Holdings, LLC was assigned stable and AG Group Holdings, Inc.'s
outlook remains stable. Concurrently the B2 CFR, B2-PD PDR ratings
and stable Outlook at APFS Staffing Holdings, Inc. have been
withdrawn. Chicago-based Addison Group provides professional
services and consulting for the information technology, finance and
accounting, human resources and administrative and healthcare
sectors.
The downgrade reflects Addison Group's high leverage level of 7.2x
and the expectation that industry conditions are unlikely to
improve meaningfully in the next 12-18 months that leads to muted
revenue growth and leverage remaining in the 7.0x area.
Additionally, although the company continues to generate free cash
flow, free cash flow to debt is expected to be in the low to mid
single digit area, which is a decline from levels that the company
generated in previous years. Further, margins are expected to be in
the high single digit area over the next 12-18 months, which is a
decline from the mid teens margins that the company generated
previously.
RATINGS RATIONALE
The B3 CFR reflects the Addison Group's niche and regional focus on
temporary and project staffing of professionals in information
technology, finance and accounting, non-clinical healthcare,
digital marketing and other white-collar functions. The company has
modest profitability rates typical of temporary staffing companies
and Moody's expects EBITDA margins to remain in high single digit
area over the next 12-18 months. Margins have declined from the mid
teens area that were present a few years ago, mainly as a result of
lower permanent staffing volumes that typically have higher margins
than temporary staffing. Moody's expects revenue to decline in
2025, followed by low single digit growth in 2026. Moody's
considers the white-collar temporary staffing industry to be highly
competitive and cyclical.
All financial metrics cited reflect Moody's standard adjustments.
In its staffing segments, Addison Group has invested in proprietary
training of its recruiters and salespeople and a suite of software
tools to help it differentiate itself from competitors and maintain
its historically high customer retention rates. The company
generates a good proportion of its revenue from the IT services
sector, which has benefited from strong growth over the past few
years due to the accelerated digitalization of services and
business operations nationally. The company also has exposure to
the healthcare sector that has good long term growth prospects that
should support the non-clinical healthcare staffing positions that
Addison services.
Moody's considers Addison Group's liquidity profile to be good.
Moody's expects the company will generate free cash flow of around
$20 million annually. The company typically maintains a limited
amount of cash on its balance sheet; there was around $11 million
of cash as of June 30, 2025. Moody's expects the unrated $85
million ABL revolver expiring in May 2030 to be most unused and
available over the next 12 to 15 months. There are no financial
covenants applicable to the rated term loan.
The senior secured first lien term loan rating of B3 is the same as
the B3 CFR despite its subordination to the unrated ABL revolver,
which has a priority lien on company's most liquid assets. Because
the ABL revolver has a priority lien on the collateral, recovery on
the term loan at default would be lower. The term loan is
guaranteed by the parent company and all material existing and
future wholly-owned domestic subsidiaries.
The stable outlook incorporates Moody's expectations for
debt/EBITDA leverage to remain in the 7.0x area over the next 12-18
months and EBITDA margins in the high single digit percentage area.
The stable ratings outlook also reflects Moody's expectations for
continued high client retention rates and some free cash flow
generation.
Moody's have decided to withdraw the rating(s) for Moody's own
business reasons.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if: 1) revenue growth is achieved and
margins improve, thereby increasing scale, geographic scope and
service line diversity; 2) Moody's expects debt/EBITDA will remain
below 5.5x; 3) good liquidity is maintained; and 4) Moody's
anticipates balanced financial policies emphasizing financial
leverage reduction.
The ratings could be downgraded if: 1) there is a decline in
revenue growth or profitability rates due to a weakening
competitive position; 2) debt/EBITDA remains above 7.5x; 3)
liquidity deteriorates, leading to sustained break-even or negative
cash flow; or 4) financial policies featuring debt-funded
shareholder returns or aggressive M&A are adopted.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
The net effect of any adjustments applied to forward rating factor
scores or scorecard outputs under the primary methodology(ies), if
any, was not material to the ratings addressed in this
announcement.
Addison Group, based in Chicago, IL and controlled by affiliates of
private equity sponsor Triatlantic North America, provides
temporary contract staffing, permanent placement and consulting
services in information technology, finance, non-clinical
healthcare and other professional vertical markets through 32
offices in 24 US markets that are large employment markets
surrounding metropolitan areas. Moody's expects 2025 revenue to be
around $730 million.
AGREETA SOLUTIONS: Gets Interim OK to Use Cash Collateral
---------------------------------------------------------
Agreeta Solutions USA, LLC received interim approval from the U.S.
Bankruptcy Court for the Northern District of Georgia, Atlanta
Division, to use cash collateral and provide adequate protection.
The interim order authorized the Debtor to use cash collateral from
September 8 until the final hearing on October 1 according to a
14-week operating budget, subject to a 10% variance per line item.
Income from South Louisiana Rail Facility leases requires court
approval to be spent while attorneys' fees must be held in escrow
pending further court order.
As adequate protection, lenders with a valid pre-bankruptcy lien
will be granted a replacement lien on property acquired by the
Debtor after its Chapter 11 filing that is similar to their
pre-bankruptcy collateral. The replacement liens do not apply to
Chapter 5 avoidance actions.
The Debtor has identified three primary creditors -- Nutrien AG
Solutions, Inc. (approximately $20 million claim); Buhler, Inc.
(approximately $587,000 claim); and Commercial Funding Partners,
LLC (approximately $2.7 million claim) -- as holding potential
secured interests in its cash and assets. These creditors are
believed to have liens on the Debtor's cash collateral via multiple
UCC-1 filings.
A final hearing is scheduled for October 1.
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.
Theodore N. Stapleton, P.C.
Tel: 770-436-3334
Email: tstaple@tstaple.com
AHP HEALTH: Amendment to Loan Agreement No Impact on Moody's B1 CFR
-------------------------------------------------------------------
Moody's Ratings said that AHP Health Partners, Inc.'s ("AHP
Health") ratings, including its B1 Corporate Family Rating, B1-PD
Probability of Default Rating, Ba3 rating of senior secured term
loan (with proposed amendment), B3 rating of senior unsecured
notes, and positive outlook are not affected by amendment to its
senior secured term loan agreement.
As part of "amend and extend" transaction, AHP Health intends to
reprice its $778 million senior secured term loan and extend the
maturity from 2028 to 2032. Moody's expects that the company will
operate with debt/EBITDA in the low 3.0 times and maintain very
good liquidity in the next 12-18 months. At the end of June 2025,
the company's debt/EBITDA was 3.1x and it had $541 million of cash
on the balance sheet along with $294 million available under the
company's $325 million asset-based revolver (unrated) expiring in
2029.
AHP Health Partners, Inc., headquartered in Brentwood, TN, is a
provider of healthcare through a system of 30 acute care hospitals
and approximately 280 sites of care across six states. The company
is listed on the New York Stock Exchange (Ticker: ARDT); however,
approximately 75% of its shares are owned by two investors (EGI-AM
Investments, L.L.C. and Pure Health Holding PJSC). Revenue was $6.2
billion for the twelve months ended June 30, 2025.
ALEXANDER PARK: Oct. 17, 2025 Public Sale Auction Set
-----------------------------------------------------
Pursuant to that certain Pledge and Security Agreement, dated as of
July 23, 2021, made by Alexander Park Mezz LLC ("Debtor") to Kore
Fund Ltd. ("Secured Party"), a Cayman Islands exempted company --
as successor-in-interest to Natixis Real Estate Capital LLC, a
Delaware limited liability company, and together with its
successors and assigns -- and the applicable provisions of the
Uniform Commercial Code as in effect in the State of New York and
any other applicable jurisdiction ("UCC"), Secured Party offer for
sale on Oct. 17, 2025, at 1:00 p.m. EDT in-person at the offices of
Northgate Real Estate Group, 1663 Broadway, 46th Floor, New York,
New York 10019 and virtually through videoconference via a link to
be provided, all of the collateral in which Debtor granted a
security interest to Secured Party under the Pledge Agreement,
including one hundred percent (100%) of the limited liability
company interests in Alexandar Park Portfolio LLC, a Delaware
limited liability company ("Pledged Entity"), and all future rights
and proceeds (as defined in the UCC) of the foregoing
("Collateral").
The bid deadline is set for Oct. 14, 2025 at 4:00 p.m. (New York
City time).
The Pledge Agreement secures Debtor's obligations to Secured Party
("Indebtedness") under a Mezzanine Loan Agreement dated as of July
23, 2021. The Pledge Agreement, Loan Agreement, and various other
documents executed in favor of or for the benefit of Secured Party
in connection with the Loan Agreement are referred to collectively
herein as the "Loan Documents".
All inquiries concerning the sale must be filed to Greg Corbin,
greg@northgatereg.com, 212-369-1800.
ALL PHASE: Gets Interim OK to Use Cash Collateral Until Sept. 30
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Florida,
West Palm Beach Division granted All Phase Solutions, LLC interim
approval to use cash collateral.
The court's interim order authorized the Debtor to use cash
collateral through September 30 to fund operations consistent with
its budget. The Debtor must not exceed budgeted expenses by more
than 10% per line item or in total unless authorized by the court
or its lenders.
The Debtor projects total monthly operational expenses of
$285,000.
As adequate protection for the Debtor's use of their cash
collateral, lenders will be granted valid, perfected liens on the
Debtor's post-petition cash receipts.
The replacement liens will have the same priority and extent as the
lenders' pre-bankruptcy liens but junior to U.S. trustee fees,
court costs, and approved professional fees.
The next hearing is scheduled for September 30.
The Debtor's cash collateral is encumbered by liens from three
lenders: JPMorgan Chase Bank, a traditional secured lender owed
$104,184; Argonaut Insurance Company, holder of a $406,863 note
from a performance bond-related project; and CFS CAP, LLC, a
merchant cash advance firm that sweeps 5% of the Debtor's bank
deposits weekly under a 2023 agreement.
A fourth lender, Cacique Capital, LLC, holds liens on payment
streams from two government contracts, which are paid into "control
accounts." The Debtor did not request access to those funds.
As of the bankruptcy filing date, the Debtor had about $23,000 in
unencumbered cash outside of the control accounts.
All Phase Solutions LLC
Based in Boca Raton, Fla., All Phase Solutions, LLC provides
services including construction, demolition, environmental
remediation, civil works, uniform production, and security
staffing, primarily to U.S. government agencies.
All Phase Solutions sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-19745) on August 22,
2025, listing up to $10 million in assets and liabilities. Saleh
Rabah, president of All Phase Solutions, signed the petition.
Judge Mindy A. Mora oversees the case.
Aaron Wernick, Esq., at Wernick Law PLLC, represents the Debtor as
legal counsel.
ALLSPRING BUYER: Fitch Alters Outlook on 'BB-' IDR to Negative
--------------------------------------------------------------
Fitch Ratings has affirmed Allspring Buyer LLC's (Allspring)
Long-Term Issuer Default Rating (IDR) and senior secured debt
rating at 'BB-'. The Rating Outlook has been revised to Negative
from Stable.
The rating action follows the announcement of the company's plan to
raise an additional $300 million add-on to its First Lien Term Loan
B. Proceeds will be used primarily to fund a shareholder
distribution and to pay transaction fees, expenses, and original
issue discount.
Key Rating Drivers
Negative Rating Outlook: The Rating Outlook revision to Negative
from Stable reflects Fitch's view that capital is being managed
more aggressively than expected, which will drive higher leverage
and weaker interest coverage in the near term. The contemplated
dividend distribution follows the recent stabilization in the
rating, resulting from improved leverage and interest coverage
metrics, and creates uncertainty around long-term leverage
tolerance at the company. A revision of the Rating Outlook to
Stable would depend on the execution of the deleveraging plan
through operating leverage improvements and more comfort
surrounding the longer-term leverage tolerance of the firm.
Debt to Fund Shareholder Distribution: Proceeds from the proposed
$300 million term loan add-on will be used to finance a
distribution to Allspring's shareholders. Fitch generally views an
increase in borrowings to fund shareholder distributions
unfavorably, as it represents a more aggressive financial policy.
Leverage Increase Following Transaction: Cash flow leverage (debt
to fee-related EBITDA [FEBITDA]) is expected to increase to 4.8x
for the TTM ended June 30, 2025 (2Q25) pro forma for the add on,
from 3.9x for the TTM ended 2Q25. While pro forma leverage is
within Fitch's 'bb' category benchmark range of 3.0x-5.0x for
traditional investment managers (IMs), it does not leave much
headroom for downside risk to Allspring's earnings generation in
the current competitive operating environment.
Weaker Pro Forma Interest Coverage: Interest coverage (FEBITDA to
interest expense) is expected to decline to 2.2x for the TTM ended
2Q25, pro forma for the term loan add-on, from 2.7x for the TTM
ended 2Q25. Interest coverage has averaged 2.5x since the Wells
Fargo spin-off, which is within Fitch's 'b' and below category
funding, liquidity and coverage benchmark range of 1.0x-3.0x for
traditional IMs. Failure to sustain interest coverage above 2.0x
could result in negative rating pressure.
Growing Franchise: The ratings affirmation reflects Allspring's
growing, mid-tier franchise as a traditional IM, appropriate assets
under management (AUM) diversification, its cash-generative
business model, a long-term distribution agreement with Wells Fargo
& Co. (Wells Fargo; A+/Stable), and the expectation that leverage
will remain at or below 5.0x and interest coverage above 2.0x.
Weaker-Than-Peer Financial Metrics: The ratings are constrained by
Allspring's limited track record as a standalone IM post spinoff
from Wells Fargo and its private equity ownership, which entails
some uncertainty around financial policies and the potential for
more opportunistic growth strategies. Additionally, profitability
margins, cash flow leverage, interest coverage, and available
liquidity compare unfavorably to higher-rated IM peers.
Fixed Income and Liquidity Products Drive Flows: As of June 30,
2025, AUM was $544 billion, up 8% from prior year. For the TTM
ended 2Q25, Allspring had net inflows of 3.3%, driven primarily by
inflows into fixed income and liquidity products. Over 2021-2024,
since the Wells Fargo spin-off, net client outflows averaged 3.3%,
corresponding to Fitch's 'bbb' category asset performance range of
negative 5% to 5% for IMs charging fees on NAV.
Fitch expects Allspring's ongoing investments into distribution
platforms and product refinements will improve net flow stability.
However, overall asset performance remains susceptible to market
volatility, given that liquidity products, which Fitch considers
somewhat transitory in nature and more sensitive to market demand,
accounted for nearly 40% of AUM at 2Q25.
Cost Rationalization Supports Margins: Allspring's TTM FEBITDA
margin was 23.6% at 2Q25, improved relative to the four-year
(2021-2024) average of 21.1%. The improvement was driven primarily
by higher advisory fees, given AUM growth and cost-saving
realization. Allspring's profitability remains below larger
publicly rated peers and tracks towards the low end of Fitch's
'bbb' category benchmark range of 20%-30%. Fitch's FEBITDA metric
does not include performance fees and is adjusted for non-recurring
costs. However, this metric is sensitive to cost overruns and
Fitch's reclassification of these costs as recurring.
Modest Liquidity: As of 2Q25, liquidity comprised $158 million in
balance-sheet cash and $170 million in revolver capacity, with
availability on the revolver subject to a net leverage covenant of
6.5x at 35% utilization. There is no near-term refinancing risk,
with the next term debt maturity in 2030. However, Allspring's
secured term loan has a 1% annual amortization requirement, which
is sufficiently covered by the firm's liquidity sources. Fitch
views the firm's fully secured funding profile as a rating
constraint, given it limits financial flexibility, especially
during times of stress.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- An inability to sustain cash flow leverage below 5.0x for an
extended period of time;
- Failure to sustainably maintain interest coverage above 2.0x;
- A notable decline in available balance sheet liquidity;
- Sustained material investment underperformance or meaningful
long-term AUM outflows;
- An inability to execute on the operating strategy, leading to
excessive costs or operational failures, or a decline in the
FEBITDA margin below 10%.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
A revision of the Outlook back to Stable is dependent on execution
of the deleveraging plan through improvements in operating leverage
and more comfort surrounding the longer-term leverage tolerance of
the firm, particularly with regards to shareholder distributions.
Positive rating momentum is viewed as limited in the near-term
given the need to observe execution on cost containment and
de-leveraging efforts. However, the following factors could lead to
positive rating action/upgrade over time:
- A sustained improvement in reported cash flow leverage below
4.5x;
- A sustained interest coverage above 3.0x;
- Sustained FEBITDA margins above 25%;
- Favorable investment performance and material improvements of net
flows, in particular, long-term net client flows;
- A sustained sound execution against management's business plan
and financial targets, particularly regarding FEBITDA generation
and AUM.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
The secured debt rating is equalized with Allspring's Long-Term
IDR, reflecting the current funding mix and Fitch's expectations
for average recovery prospects under a stressed scenario.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
The secured debt rating is primarily sensitive to changes in
Allspring's Long-Term IDR and, secondarily, to material changes in
Allspring's funding mix or changes in Fitch's assessment of the
recovery prospects for the debt instrument.
ADJUSTMENTS
- The Standalone Credit Profile (SCP) has been assigned in line
with the implied SCP.
- The Business Profile score has been assigned below the implied
score due to the following adjustment reason: Market position
(negative).
- The Asset Performance score has been assigned below the implied
score due to the following adjustment reason: Historical and future
metrics (negative).
- The Earnings and Profitability score has been assigned below the
implied score due to the following adjustment reason: Earnings
stability (negative).
- The Capitalization & Leverage score has been assigned below the
implied score due to the following adjustment reason(s):
Profitability, pay-outs and growth (negative).
- The Funding, Liquidity and Coverage score has been assigned below
the implied score due to the following adjustment reason:
Historical and future metrics (negative).
ESG Considerations
Allspring Buyer LLC has an ESG Relevance Score of '5' for
Governance Structure due to private equity ownership, which may
result in more opportunistic growth strategies or
shareholder-friendly financial policies, which has a negative
impact on the credit profile, and is highly relevant to the ratings
resulting in a lower Long-Term IDR.
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 Prior
----------- ------ -----
Allspring Buyer LLC LT IDR BB- Affirmed BB-
senior secured LT BB- Affirmed BB-
ANCIOM LLC: Unsecureds Will Get 8.55% of Claims over 36 Months
--------------------------------------------------------------
Anciom, LLC submitted a First Amended Plan of Reorganization dated
September 5, 2025.
Creditors will receive payment from the Debtor from the cash flow
of the Debtor's operations for a period of three years.
This Plan provides for one class of secured claims, one class of
administrative convenience claims, one class of priority unsecured
claims, one class of general unsecured claims, and one class of
equity security holders claims. General unsecured creditors holding
allowed claims will receive distributions, which the Debtor has
valued at approximately 8.55%. This Plan also provides for the
payment of administrative and priority claims.
Creditors had until July 10, 2025, to file claims. The Debtor has
scheduled claims, most of which are believed to be non
objectionable. The Debtor estimates $377,913.09 in general
unsecured claims and $60,596.52 in reclassified claims for a total
of $438,509.61 in general unsecured claims. Through this Plan, the
Debtor intends to restructure these obligations, to remain viable
as a going concern.
The Debtor's financial projections show that the Debtor will have
projected disposable income of $37,500.00. The final Plan payment
is expected to be paid in the fourth quarter of 2028.
Unsecured creditors will be receiving a distribution of
approximately 8.55% of their allowed claim(s), which is an amount
in excess of what claimants would receive in a hypothetical Chapter
7 proceeding, in which case such claimants would receive 0.00%. The
allowed unsecured claims total $438,509.61. This Class is
impaired.
Equity Security Holders shall retain their prepetition interests.
The means necessary for the implementation of this Plan include the
Debtor's cash flow from operations for a period of three years and
contributions from the Principals of the Debtor, but only if such
contributions are deemed necessary due to the Debtor
underperforming financially or the temporary need to a cash
infusion.
The Debtor's financial projections show that the Debtor will have
projected disposable income for a period of three years (after
payment of all amounts under this Plan, as well as operating
expenses) of $37,500.00. To the extent that the Debtor performs
consistent with such financial projections, then such disposable
income will be utilized by the Debtor in the form of cash reserves,
in order to ensure that the Debtor will have sufficient cash over
the life of the Plan to not only make the required Plan payments
but operate its business without any concern of illiquidity.
A full-text copy of the First Amended Plan dated September 5, 2025
is available at https://urlcurt.com/u?l=1J5Cso from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Rachamin Cohen, Esq.
Cohen Legal Services, P.A.
1801 NE 123rd Street, Suite 314
North Miami, FL 33181
Phone: (305) 570-2326
Email: rocky@lawcls.com
About Anciom LLC
Anciom, LLC filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14970) on May 1,
2025, listing between $50,001 and $100,000 in assets and between
$500,001 and $1 million in liabilities. Linda Leali, Esq., serves
as Subchapter V trustee.
Judge Peter D. Russin oversees the case.
Rachamin Cohen, Esq., at Cohen Legal Services, P.A. is the Debtor's
bankruptcy counsel.
Specialty Capital is represented by:
Alan C. Hochheiser, Esq.
Maurice Wutscher, LLP
23611 Chagrin Blvd. Suite 207
Beachwood, OH 44122
Telephone: (216) 220-1129
Facsimile: (216) 472-8510
ahochheiser@mauricewutscher.com
API GP VENTURE: Gets Interim OK to Use Cash Collateral
------------------------------------------------------
API GP Venture Partners, LLC and its affiliates received interim
approval from the U.S. Bankruptcy Court for the District of
Delaware to use cash collateral.
The court order authorized the Debtor's interim use of cash
collateral from September 8 to 19 under an approved budget, which
shows total operational expenses of $65,420.
Access to cash collateral is limited to line items in the budget
approved by secured lender, First-Citizens Bank & Trust (successor
to Silicon Valley Bank). Any amendments require lender consent.
First-Citizens will be provided with protection in the form of
replacement liens on the Debtor's post-petition assets (excluding
avoidance actions) and monthly payments under their loan agreement.
The replacement liens are subject to the fee carve-out and proceeds
from any successful avoidance actions.
In case of any diminution in the value of its collateral,
First-Citizens will receive a superpriority administrative expense
claim.
The Debtors' right to use cash collateral will automatically
terminate upon failure to obtain a second interim order by the
termination date (unless extended by the secured lender); the
filing of a motion to create post-petition claims or liens without
the lender's consent and not withdrawing it after one business
day's notice; the filing of a motion challenging the lender's
claims or liens; entry of an order granting relief from the
automatic stay to a third party affecting assets worth over
$100,000; dismissal or conversion of the case; appointment of a
Chapter 11 trustee; failure to comply with the terms of the interim
order; or the modification, stay, reversal, or vacatur of the order
without the lender's consent.
About API GP Venture Partners
API GP Venture Partners, LLC and its affiliates own and operate
student housing properties in Goleta, California, providing
accommodations for about 70 students. The group is managed by IRC
Ashland I LLC, which holds roughly 90% of the equity, while Ashland
Pacific, LLC holds the remaining 10% as a non-managing member.
Operations are governed by limited liability company agreements and
a master property management agreement defining ownership,
management, and operational structures.
API GP Venture Partners and affiliates, Ashland Pacific Integrated
UCSB Holdings I, LLC, API UCSB Holdings I, LLC and API 6590
Holdings, LLC, filed Chapter 11 petitions (Bankr. D. Del. Lead Case
No. 25-11640) on September 4, 2025. The petitions were signed by J.
Michael Issa as chief restructuring officer.
At the time of the filing, API GP Venture Partners reported up to
$50,000 in both assets and liabilities.
Judge Karen B. Owens oversees the cases.
The Debtors are represented by:
Mette H. Kurth, Esq.
Pierson Ferdinand, LLP
3411 Silverside Road
Baynard Building, Suite 104-13
Wilmington, DE 19810
Tel: 310-245-8784
mette.kurth@pierferd.com
-- and --
Lynnette R. Warman, Esq.
Pierson Ferdinand, LLP
1341 W. Mockingbird Lane, Suite 600W
Dallas, TX 75247
Tel: (214) 872-6319
lynnette.warman@pierferd.com
APPALACHIAN PRODUCER: Hires Thompson Law Group as Legal Counsel
---------------------------------------------------------------
Appalachian Producer Services Corp. seeks approval from the U.S.
Bankruptcy Court for the Western District of Pennsylvania to hire
Brian C. Thompson of Thompson Law Group, P.C. to serve as legal
counsel in its Chapter 11 case.
The firm will provide these services:
(a) give the Debtor and Debtor-in-Possession legal advice with
respect to its powers and duties in these proceedings;
(b) take all necessary action to protect and preserve the Debtor's
estate, including the prosecution of actions on behalf of the
Debtor, the defense of any actions commenced against the Debtor,
negotiations concerning all litigation in which the Debtor is
involved and object to claims filed against the Debtor's estate;
(c) prepare on behalf of the Debtor and Debtor-in-Possession the
necessary motions, answers, reports, orders, and other legal papers
in connection with the administration of the Debtor's estate;
(d) perform all other legal services for the Debtor and
Debtor-in-Possession which may be necessary herein; and
(e) perform such legal services as the Debtor may request with
respect to any matter appropriate in assisting the Debtor's effort
to reorganize.
Mr. Thompson will receive an hourly rate of $350, and an hourly
rate of $90 is for paralegals.
Thompson Law 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:
Brian C. Thompson, Esq.
THOMPSON LAW GROUP, P.C.
301 Smith Drive, Suite 6
Cranberry Township, PA 16066
Telephone: (724) 799-8404
Facsimile: (724) 799-8409
E-mail: bthompson@thompsonattorney.com
About Appalachian Producer Services Corp.
Appalachian Producer Services Corp. sought protection under Chapter
11 of the Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-22299) on
August 29, 2025.
At the time of the filing, Debtor had estimated assets of between
$0 to $50,000 and liabilities of between $100,001 to $500,000.
Judge Jeffery A. Deller oversees the case.
Thompson Law Group, P.C. is Debtor's legal counsel.
ARC FALCON I: DuPont Transaction No Impact on Moody's 'B2' CFR
--------------------------------------------------------------
Moody's Ratings stated that ARC Falcon I Inc. (Arclin)'s planned
acquisition of DuPont's Aramids business has no immediate impacts
on its ratings, including the B2 Corporate Family Ratings, B2-PD
Probability of Default Ratings, B2 senior secured first lien
revolving credit facility, B2 senior secured first lien term loan,
B2 senior secured first lien delayed draw term loan, and the Caa1
senior secured second lien term loan. The outlook is stable.
Arclin reached definite agreement to acquire all of DuPont's
Aramids business (Kevlar® and Nomex®) for approximately $1.8
billion, including pre-tax cash proceeds of approximately $1.2
billion, a note receivable of $300 million, and approximate 17.5%
stake in the future combined company of Arclin valued at $325
million. Closure of the transaction is subject to customary closing
conditions including regulatory approval and is expected to
complete in Q1 2026.
The net impact of the planned acquisition on Arclin's credit
profile, while likely significant, remains to be assessed pending
clarity on the financing structure for the transaction and the
implications for Arclin's business portfolio and capital
structure.
Based on the regulatory filings of DuPont, Moody's estimates that
the acquisition could materially increase Arclin's size, scale,
diversity and business scope, offset partially by the integration
challenges given the size of the acquired assets and Arclin's
limited experiences in the Aramid business. The financing details
of this large transaction, unknown yet, will also determine the
capital structure and credit metrics of the combined company post
the transaction. Moody's will continue to monitor the situation as
new information becomes available.
Prior to the planned acquisition, Arclin's CFR was well positioned
at B2. The credit profile is supported by its leading market
position in protective overlays and specialty polymers primarily in
North America and its long-term contracts with its largest
customers. The credit profile is constrained by exposure to the
cyclical US housing, non-residential construction and repair and
remodeling end markets, and its relatively small asset base and
high customer concentration. Arclin's financial leverage, as
measured by Moody's adjusted debt/EBITDA, has been improving to
mid-5.0x at end Q2 2025, down from low 6.0x at end 2024, driven by
the contribution from its RGD acquisition last year and margin
expansion opportunities. Its good free cash flows excluding
acquisitions and good liquidity also support the credit profile.
Arclin is a materials science company. It is a leading manufacturer
and formulator of proprietary surface overlays and specialty
polymers primarily for the residential construction and repair and
remodel markets, as well as industrial, pharmaceutical,
agriculture, nutrition, water treatment, electronics, mining and
building product finishing services. Arclin is owned by an
affiliate of TJC L.P. Arclin reported sales of about $1.1 billion
for the 12 months ended June 30, 2025.
ARCLINE FM: $75MM Incremental Loan No Impact on Moody's 'B2' CFR
----------------------------------------------------------------
Moody's Ratings said Arcline FM Holdings, LLC's (Fairbanks Morse
Defense or FMD) $75 million Incremental First Lien Term Loan does
not affect FMD's B2 corporate family rating and B2-PD probability
of default rating. Further, the issuance does not impact the
existing B2 ratings on the senior secured first lien term loan. The
rating outlook remains unchanged at stable.
Proceeds from the offering will be used to pay down in full
borrowings under the ABL revolving credit facility that were used
for a recent acquisition. The transaction is modestly leveraging
and improves FMD's liquidity position. Concurrently, FMD is
repricing the loan which will generate interest expense savings.
Moody's do not expect any other changes to the terms of the senior
secured first lien term loan.
Arcline FM Holdings, LLC (dba Fairbanks Morse Defense) is a
provider of propulsion systems, ancillary power units, motors and
electric controllers for the US Navy and US Coast Guard. The
company is owned by entities of Arcline Investment Management. FMD
generated $919 million of revenue during the 12-month period ending
June 30, 2025.
ARIZONA DEPT. OF CORRECTIONS: Considered Placing in Receivership
----------------------------------------------------------------
Kiera Riley of Arizona Capitol Times reports that a federal court
is weighing whether Arizona's prison health care system, Arizona
Department of Corrections, Rehabilitation and Reentry, should be
placed under receivership after years of litigation over inadequate
medical care. At a September 10, 2025 hearing, Judge Roslyn Silver
reviewed yet another monitoring report that detailed systemic
shortcomings in treatment for the state's incarcerated population,
despite a permanent injunction requiring full compliance two years
ago, according to the report.
Plaintiffs' attorney Sophie Hart argued that a receiver is the only
realistic solution, pointing to California's Plata v. Newsom case
as an example. A receiver, she said, would take control of
staffing, contracts, and budgets to bring the system into
constitutional compliance. Hart estimated the cost could run about
$3 million annually, though the court would decide how expenses and
salaries are approved, according to Arizona Capitol Times.
State attorney Mary O'Grady countered that Arizona is making
progress under new leadership and continues to request more
funding, including $9.5 million in its FY2027 budget for
compliance-related staffing. She called receivership a "last
resort" and argued it would not provide an immediate fix. O'Grady
pointed to incremental gains such as more providers, expanded
programming, and better capacity for special needs care, the report
states.
Still, Judge Silver expressed doubt, noting years of rising
expenditures with little evidence of improvement and referencing
ongoing reports of preventable deaths tied to substandard care. She
emphasized that only complete compliance with court orders—not
partial improvements—will suffice. The judge has taken the matter
under advisement, leaving the question of receivership unresolved
for now, according to report.
About Arizona Department of Corrections, Rehabilitation and
Reentry
Arizona Department of Corrections, Rehabilitation and Reentry is
Arizona's prison health care system.
ARTIFICIAL INTELLIGENCE: Launches Redesigned Corporate Website
--------------------------------------------------------------
Artificial Intelligence Technology Solutions, Inc. announced the
launch of its newly redesigned corporate website. The platform
delivers a refreshed design, faster performance, and advanced
security features, providing investors and stakeholders with an
improved user experience.
The launch of the new website closely follows current best
practices for world-class public companies, to raise the AITX
profile and ensuring top quality in how the Company communicates
its vision, growth strategy, and expanding role in the AI-driven
security sector. This alignment reinforces AITX's focus on
transparency and its commitment to providing investors with clear
and accessible information.
"We have always listened carefully to the market, and the response
from our investors and supporters has been incredible," said Steve
Reinharz, CEO, CTO and founder of AITX. "This new website is a
direct reflection of that feedback, designed to showcase the love
and enthusiasm that surrounds the Company while presenting a clear
picture of where we are headed."
The updated website is designed to improve navigation and access to
the Company's latest announcements, investor presentations, and
financial disclosures. By providing a clear and efficient digital
experience, AITX strengthens its ability to communicate progress as
the Company advances toward its long-term growth objectives.
"Our goal was to build a site that reflects, with clarity and
reliability, the energy and progress happening across AITX and RAD
subsidiaries," said David Marsh, Vice President of Marketing at the
Company's primary subsidiary Robotic Assistance Devices, Inc.
(RAD). "The new design makes it easier than ever for stakeholders
to engage with the Company's vision and momentum."
The new website is now live at www.aitx.ai, offering investors,
analysts, and followers a comprehensive view of the Company's
vision and momentum. Visitors can access the latest press releases,
investor presentations, and media appearances while exploring
AITX's expanding impact across the security technology sector. The
Company encourages all stakeholders to experience the new site and
stay connected as it continues to drive innovation and growth.
About Artificial Intelligence Technology
Headquartered in Ferndale, Mich., Artificial Intelligence
Technology Solutions Inc. provides artificial intelligence-based
solutions that empower organizations to gain new insight, solve
complex challenges, and fuel new business ideas. Through its
next-generation robotic product offerings, AITX's RAD, RAD-R,
RAD-M, and RAD-G companies help organizations streamline
operations, increase ROI, and strengthen business. AITX technology
improves the simplicity and economics of patrolling and guard
services, allowing experienced personnel to focus on more strategic
tasks. Customers augment the capabilities of existing staff and
gain higher levels of situational awareness, all at drastically
reduced costs. AITX solutions are well-suited for use in multiple
industries such as enterprises, government, transportation,
critical infrastructure, education, and healthcare.
Deer Park, Illinois-based L J Soldinger Associates, LLC, the
Company's auditor since 2019, issued a "going concern"
qualification in its report dated May 29, 2025, attached to the
Company's Annual Report on Form 10-K for the fiscal year ended
February 28, 2025, citing that the Company had negative cash flow
from operating activities of approximately $12.2 million, an
accumulated deficit of approximately $156.5 million and negative
working capital of approximately $2.5 million as of and for the
year ended February 28, 2025, which raises substantial doubt about
its ability to continue as a going concern.
As of May 31, 2025, the Company had $9.76 million in total assets,
$59.86 million in total liabilities, and $50.51 million in total
stockholders' deficit.
ASPEN ELECTRONICS: Employs Zick Business as Advisors
----------------------------------------------------
Aspen Electronics Manufacturing, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Colorado to employ Zick
Business Advisors, Inc. to assist the Debtor with a fairness
opinion related to the Debtor's Employee Stock Ownership Plan in
its Chapter 11, Subchapter V case.
Zick Business will provide these services:
(a) prepare business valuations related to the Debtor's
Employee Stock Ownership Plan; and
(b) opine as to fairness related to the Employee Plan and
transactions contemplated in the Debtor's anticipated Plan.
Zick is not a creditor of the estate, does not represent or hold
any interest adverse to the Debtor or the estate, and is
disinterested.
The firm can be reached at:
Zick Business Advisors, Inc.
16 Inverness Place East, Bldg C
Englewood, CO 80112
Office: (303) 758-9167
Toll Free: (800) 788-9167
Fax: (303) 758-9194
About Aspen Electronics
Aspen Electronics Manufacturing Inc., an electronics manufacturer
in Westminster, Colorado, sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Colo. Case No.
24-16558) on Nov. 1, 2024. In the petition filed by Giao Le,
president, the Debtor disclosed total assets of $1,828,289 and
total liabilities of $2,710,940.
Judge Joseph G. Rosania Jr. oversees the case.
The Debtor tapped Jenny M.F. Fujii, at Kutner Brinen Dickey Riley
PC and Laurin H. Mills, at Werther & Mills, LLC as special counsel.
ATKORE INT'L: Moody's Rates New $373MM Sr. Secured Term Loan 'Ba1'
------------------------------------------------------------------
Moody's Ratings assigned a Ba1 rating to Atkore International,
Inc.'s ("Borrower") proposed $373 million backed senior secured
term loan B due 2032. The term loan will be unconditionally
guaranteed jointly and severally on a senior secured basis by
Atkore Inc. ("Parent", "Atkore" or "Company"), the borrower and all
existing and future wholly owned domestic subsidiaries of the
borrower, subject to certain exceptions. Atkore plans to use the
proceeds from the new term loan to refinance the existing term loan
and to cover fees, premium and expenses related to the transaction,
which Moody's views as leverage neutral. The rating on the existing
term loan will be withdrawn when it is paid off. All other ratings
remain unchanged. The outlook is stable.
The assigned rating remains subject to Moody's reviews of the final
terms and conditions of the proposed financing.
RATINGS RATIONALE
Atkore's Ba1 corporate family rating ("CFR") is supported by its
low leverage, good interest coverage and profit margins, large
market share in key products, attractive position in certain end
markets, its focus on core product categories, pricing discipline
and operational efficiencies, and its very good liquidity profile.
The rating also reflects Atkore's moderate scale and limited
diversity versus higher rated companies in the manufacturing sector
and its reliance on non-residential construction activity. The
rating also considers the highly competitive markets in which the
company operates, its limited product differentiation, its
acquisitive history and plans to use its free cash flow to fund
organic growth, acquisitions, share repurchases and dividends. The
rating is constrained by the company's capital structure with the
secured debt accounting for a material share of the outstanding
debt.
Moody's continues to expect that Atkore's operating results will
weaken in fiscal 2025 as compared to 2024 largely as a result of
lower product pricing driven by increased competition in steel and
PVC conduit markets and softer demand for certain of the company's
products. Moody's forecasts that Atkore's EBITDA, as adjusted by
Moody's, will be in the range of $400-420 million, and for leverage
to rise to the range of 2.2-2.4x, materially higher than in the
last few years but well below the downgrade trigger of 3.25x. The
company guided for about $50 million in additional gross profit
impact for fiscal 2026 from lower pricing and higher input costs.
This indicates that its credit metrics will soften further next
year. Notwithstanding these headwinds, Moody's expects Atkore to
remain free cash flow positive and that its credit metrics will
remain commensurate with its Ba1 corporate family rating.
Atkore's stable ratings outlook reflects Moody's expectations that
its operating results will weaken further in fiscal 2025-2026 amid
continued normalization in pricing and increased competition in
certain product categories, but that its credit metrics will
continue to support its current rating.
Atkore's speculative grade liquidity rating of SGL-1 reflects its
very good liquidity profile and its consistent free cash
generation. The company had $331 million of cash and $325 million
of borrowing availability on its $325 million asset based revolving
credit facility as of June 30, 2025. Atkore had no letters of
credit issued and no outstanding borrowings on the revolver which
has historically been used for seasonal and cyclical working
capital support and to fund acquisitions, but is unlikely to be
used in the near term considering the company's sizeable cash
balance and solid free cash flow. The ABL matures in April 2030.
The ABL facility has one financial covenant, which is a fixed
charge coverage test of 1.0x that is tested when excess
availability is less than 10% of the applicable borrowing base
availability. Moody's expects the company to remain in compliance
with this covenant since it is likely to maintain ample
availability above this threshold and a fixed charge ratio well
above 1.0x.
The Ba1 rating of the new first lien term loan is in line with
Atkore's Ba1 corporate family rating since it has a second lien on
the ABL collateral, and benefits from a first priority lien on all
tangible and intangible assets of the borrower and guarantors not
securing the ABL revolver. It is also supported by the loss
absorbing buffer provided by the unsecured notes, which are rated
Ba2 due to their junior ranking position in relation to the term
loan and the ABL facility. The new term loan will mature on the
earlier of the date that is seven years (2032) after the closing
date of the transaction and 91 days prior to the scheduled maturity
date of the senior unsecured notes (June 2031). The term loan will
amortize in equal quarterly installments equal to 1% of the
original principal amount of the term loan.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Atkore's moderate scale, somewhat limited end market
diversification versus other higher rated companies in the
manufacturing sector and the secured debt in its capital structure
all act as a headwind and raise the bar for a ratings upgrade.
However, the company's rating could be upgraded if its leverage
ratio (Debt/EBITDA) is sustained at less than 2.0x, EBITA margins
above 16%, its credit profile remains strong during this economic
downturn, it maintains relatively conservative financial policies
and indicates an intention to modify its capital structure and
predominantly issue unsecured debt.
Atkore's rating could be lowered if Debt/EBITDA exceeds 3.25x or
EBITA margins fall below 12% on a sustained basis. A material
contraction in liquidity could also result in a downgrade.
Atkore Inc., headquartered in Harvey, Illinois is a manufacturer of
Electrical products primarily for the non-residential construction
and renovation markets and to a lesser extent the residential
construction market, and Safety & Infrastructure solutions for the
construction and industrial markets. These products include steel
and PVC electrical conduit and fittings, armored and metal-clad
cable and metal framing and support structures such as cable trays,
ladders and wire baskets, as well as galvanized mechanical tubes.
The company operates under two reportable segments: Electrical and
Safety & Infrastructure Solutions. Atkore's revenues for the LTM
ended June 30, 2025 were approximately $2.9 billion. Atkore
International, Inc. (Atkore) is a wholly-owned subsidiary of Atkore
Inc.
The principal methodology used in this rating was Manufacturing
published in September 2021.
B & B SMITH: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: B & B Smith Construction, Inc.
75 Four Star Lane
Odenville, AL 35120
Business Description: B & B Smith Construction, Inc. is an
excavation and site preparation company
based in Odenville, Alabama, providing
services for residential and land
development projects.
Chapter 11 Petition Date: September 12, 2025
Court: United States Bankruptcy Court
Northern District of Alabama
Case No.: 25-41227
Judge: Hon. James J Robinson
Debtor's Counsel: Robert C. Keller, Esq.
RUSSO, WHITE & KELLER, P.C.
315 Gadsden Highway
Suite D
Birmingham, AL 35235
Tel: (205) 833-2589
Email: rkeller@rwkattorneys.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Bobby R. Smith, Jr., as president.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/5QYML4A/B__B_Smith_Construction_Inc__alnbke-25-41227__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/5X7TODQ/B__B_Smith_Construction_Inc__alnbke-25-41227__0001.0.pdf?mcid=tGE4TAMA
B & B SMITH: Seeks Chapter 11 Bankruptcy in Alabama
---------------------------------------------------
On September 12, 2025, B & B Smith Construction Inc. filed
Chapter 11 protection in the Northern District of Alabama.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 50 and 99 creditors. The petition
states funds will be available to unsecured creditors.
About B & B Smith Construction Inc.
B & B Smith Construction Inc. serves a diverse client base across
Alabama by delivering residential and commercial construction
services. Its portfolio covers general contracting, site
development, project management, and remodeling projects.
B & B Smith Construction Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ala. Case No. 25-41227) on
September 12, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge James J. Robinson handles the case.
The Debtor is represented by Robert C. Keller, Esq. at Russo, White
& Keller.
B & L LAND: Case Summary & One Unsecured Creditor
-------------------------------------------------
Debtor: B & L Land, LLC
7525 N. 900 E
Darlington IN 47940
Case No.: 25-05529
Business Description: B & L Land, LLC owns agricultural and
industrial real estate in Montgomery County,
Indiana. The Company's holdings include a
1.78-acre site featuring a grain facility
with an appraised value of $2.7 million as
of 2023, and approximately 388 acres of
farmland across six parcels valued at
roughly $5.96 million.
Chapter 11 Petition Date: September 12, 2025
Court: United States Bankruptcy Court
Southern District of Indiana
Judge: Hon. Andrea K Mccord
Debtor's Counsel: Jeffrey Hester, Esq.
HESTER BAKER KREBS LLC
One Indiana Sq Suite 1330
Indianapolis IN 46204
Tel: 317-833-3030
Email: jhester@bhkfirm.com
Total Assets: $8,664,000
Total Liabilities: $10,431,665
The petition was signed by Benjamin Carpenter as managing member.
The Debtor identified Maxwell Farm Drainage, Inc., located at 4817
E. 570 N, Crawfordsville, Indiana 47933, as its only unsecured
creditor, reporting a claim of $33,143 for supplies and vendor
services.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/TAUAB3I/B__L_Land_LLC__insbke-25-05529__0001.0.pdf?mcid=tGE4TAMA
B.G. STARWOOD: Seeks to Tap John Lacher as Legal Counsel
--------------------------------------------------------
B.G. Starwood Lounge, Inc. seeks approval from the U.S. Bankruptcy
Court for the Western District of Pennsylvania to hire John P.
Lacher of The Lynch Law Group, LLC to serve as legal counsel in its
Chapter 11 case.
Mr. Lacher will provide these services:
(a) assist in the administration of the Debtor's estate and
represent the Debtor on matters involving legal issues that are
present or are likely to arise in the case;
(b) prepare any legal documentation on behalf of the Debtor;
(c) review reports for legal sufficiency;
(d) furnish information on legal matters regarding legal actions
and consequences; and
(e) provide all necessary legal services connected with Chapter 11
proceedings including the prosecution and/or defense of any
adversary proceedings.
Mr. Lacher will receive an hourly rate of $420, and an hourly rate
of $200 is for paralegals.
According to court filings, neither Mr. Lacher nor anyone from his
firm has any connection with the Debtor, nor represent any interest
adverse to the Debtor or any other parties-in-interest.
The firm can be reached at:
John P. Lacher, Esq.
THE LYNCH LAW GROUP, LLC
501 Smith Drive, Suite 3
Cranberry Township, PA 16066
Telephone: (724) 776-8000
E-mail: jlacher@lynchlaw-group.com
About B.G. Starwood Lounge Inc.
B.G. Starwood Lounge Inc., operating as Starwood Rib and Steakhouse
in New Castle, Pennsylvania, is a steakhouse and rib specialty
establishment with lounge services.
B.G. Starwood Lounge Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-22242) on August
27, 2025. In its petition, the Debtor reports estimated assets
between $50,000 and $100,000 and estimated liabilities between
$500,000 and $1 million.
The Debtor is represented by John Patrick Lacher, Esq. at The Lynch
Law Group LlC.
BANK OF HAWAII: Moody's Withdraws '(P)Ba1' Non-Cumulative Rating
----------------------------------------------------------------
Moody's Ratings has withdrawn the (P)Baa2 senior unsecured MTN
program rating and (P)Ba1 preferred shelf non-cumulative rating of
Bank of Hawaii Corporation (BOH).
RATINGS RATIONALE
Moody's have decided to withdraw the rating(s) following a review
of the issuer's request to withdraw its rating(s).
BASIS CHARTER: S&P Raises Revenue Bond Long-Term Rating to 'BB+
---------------------------------------------------------------
S&P Global Ratings raised its long-term and underlying ratings
(SPUR) on the Phoenix Industrial Development Authority, Ariz.'s and
Arizona Industrial Development Authority's educational facility
revenue bonds, issued for BASIS Charter Schools Inc. (BCSI), to
'BB+' from 'BB'.
The upgrade reflects S&P's view of BASIS' consistently strong
academic reputation and demand metrics, growing enrollment,
improving operating performance and financial metrics, and
reduction in negative unrestricted net assets (UNA).
The outlook is stable.
S&P analyzed environmental, social, and governance factors and view
them as neutral in S&P's credit rating analysis.
S&P said, "The stable outlook reflects our opinion that during the
next year, BCSI will maintain its excellent enterprise profile by
continuing to increase enrollment and maintaining its superior
academic performance. We also expect BCSI will maintain its
positive operating performance, debt service coverage (DSC), and
cash levels.
"We could consider a negative rating action during the outlook
period if MADS coverage decreases materially, if financial
performance deteriorates, or if BCSI issues more debt than
anticipated, pressuring metrics relative to category medians.
"We could consider a positive rating action if operations,
liquidity, and MADS coverage improve and are sustained at levels
more consistent with a higher rating, while BASIS maintains its
excellent enterprise profile."
BAXSTO LLC: Taps Barron & Newburger as Legal Counsel
----------------------------------------------------
BAXSTO, LLC seeks approval from the U.S. Bankruptcy Court to hire
Stephen W. Sather of Barron & Newburger, P.C. to serve as legal
counsel in its Chapter 11 case.
Barron & Newburger will provide these services:
(a) advise the Debtor and Debtor-in-Possession of its rights,
powers, and duties in these proceedings;
(b) review the nature and validity of claims asserted against the
Debtor and advise on their enforceability;
(c) prepare on behalf of the Debtor all necessary applications,
motions, pleadings, draft orders, notices, schedules, and other
documents, and review financial and other reports to be filed in
the Chapter 11 case;
(d) advise the Debtor concerning and prepare responses to
applications, motions, complaints, pleadings, notices, and other
papers filed in the case;
(e) counsel the Debtor in connection with the formulation,
negotiation, and promulgation of a plan of reorganization and
related documents;
(f) perform all other legal services necessary and appropriate in
the administration of the Chapter 11 case and Debtor's business;
and
(g) work with other professionals in the case to attempt to obtain
approval of a consensual plan of reorganization.
Mr. Sather will receive an hourly rate of $650. Other attorneys
will bill between $250–$450 per hour, and support staff between
$40–$100 per hour.
Barron & Newburger, P.C. received a $10,000 prepetition retainer
and seeks approval of an additional $25,000 post-petition retainer
toward a total retainer of $35,000.
Barron & Newburger, 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:
Stephen W. Sather, Esq.
BARRON & NEWBURGER, P.C.
7320 N. MoPac Expwy., Suite 400
Austin, TX 78731
About Baxsto LLC
Baxsto LLC, based in Austin, Texas, manages and owns undivided
mineral interests in Howard and Borden Counties. Formed in 2014,
the Company leases these mineral rights to oil and gas operators
for the extraction of oil, gas, limestone, gravel, coal, sulfur,
and other minerals.
Baxsto LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. W.D. Tex. Case No. 25-11291) on August 21, 2025. In
its petition, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
Honorable Bankruptcy Judge Shad Robinson handles the case.
The Debtor is represented by Stephen W. Sather, Esq. at BARRON &
NEWBURGER, P.C.
BEELINE HOLDINGS: Joins Centurion One Capital Summit, Oct. 28–29
------------------------------------------------------------------
Beeline Holdings, Inc. announced that it will present at the
Centurion One Capital Summit in the Bahamas on October 28–29,
2025.
This presentation is part of Beeline's broader initiative to engage
the investment community and showcase the Company's growth
strategy. Members of the executive team -- Nick Liuzza, CEO and
Co-Founder; Chris Moe, CFO; and Jessica Kennedy, COO -- will
participate in the summit to highlight Beeline's vision, execution,
and long-term market opportunity.
"We believe Beeline is uniquely positioned as the real estate
market continues to normalize," said Nick Liuzza, CEO and
Co-Founder of Beeline. "Our story is compelling, but what excites
us most is how consistently we've executed against our vision. We
look forward to sharing this with investors -- and we think they'll
love what they hear."
This announcement follows a recent wave of insider buying,
underscoring management's confidence in Beeline's trajectory. Over
the past week:
* Jessica Kennedy, COO, purchased 100,000 shares
* Chris Moe, CFO, purchased 20,000 shares
* Tiffany Milton, Chief Accounting Officer, purchased 10,000
shares
* Nick Liuzza, CEO, added 3,000 shares to his holdings,
bringing his total investment to more than $16 million
Beeline's executive team has long emphasized that they "sit with
shareholders." These latest purchases further demonstrate
management's alignment with investors and conviction in Beeline's
future.
About Beeline Holdings
Beeline Financial Holdings, Inc. is a trailblazing mortgage fintech
transforming the way people access property financing. Through its
fully digital, Al-powered platform, Beeline delivers a faster,
smarter path to home loans-whether for primary residences or
investment properties. Headquartered in Providence, Rhode Island,
Beeline is reshaping mortgage origination with speed, simplicity,
and transparency at its core. The company is a wholly owned
subsidiary of Beeline Holdings and also operates Beeline Labs, its
innovation arm focused on next-generation lending solutions.
Boca Raton, Florida-based Salberg & Company, P.A., the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has incurred recurring losses and negative cash
flows from operations since its inception, has a significant
working capital deficit, and is dependent on debt and equity
financing. These matters raise substantial doubt about the
Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $66.5 million in total assets,
against $17.5 million in total liabilities. As of June 30, 2025,
the Company had $68.57 million in total assets, against $13.02
million in total liabilities.
BOOTHE INVESTMENTS: Hires Ehrhard & Associates as Legal Counsel
---------------------------------------------------------------
Boothe Investments LLC seeks approval from the U.S. Bankruptcy
Court for the District of Massachusetts to hire James P. Ehrhard of
Ehrhard & Associates, P.C. to serve as legal counsel in its Chapter
11 case.
The firm will provide these services:
(a) give the Debtor legal advice with respect to its powers
and duties as a Debtor in this Chapter 11 proceeding;
(b) perform on behalf of the Debtor necessary applications,
answers, orders, reports and other legal papers required for these
proceedings;
(c) perform all other legal services for the Debtor which may
be necessary herein; and
(d) represent the Debtor with the sale, refinance or
restructuring of the property of the Debtor.
Mr. Ehrhard will receive a retainer of $1,738, of which $1,738 is
to be used for the filing fee, and additional fees incurred over
and above the original retainer amount will be billed at the
regular billing rates of $325 per hour for senior attorneys and
$175 per hour for paralegals.
Ehrhard & Associates, 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:
James P. Ehrhard, Esq.
EHRHARD & ASSOCIATES, P.C.
27 Mechanic Street, Suite 101
Worcester, MA 01608
Telephone: (508) 791-8411
E-mail: ehrhard@ehrhardlaw.com
About Boothe Investments LLC
Boothe Investments LLC is a Worcester, Massachusetts-based real
estate investment entity.
Boothe Investments LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-40803) on July 30,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100,000 and $500,000 each.
Honorable Bankruptcy Judge Elizabeth D. Katz handles the case.
The Debtor is represented by James P. Ehrhard, Esq.
BRADBURY LESSEE: Seeks Chapter 7 Bankruptcy in New York
-------------------------------------------------------
On September 7, 2025, Bradbury Lessee LLC entered Chapter 7
bankruptcy in the Southern District of New York. Court documents
show the voluntary petition reports debts valued from $0 to
$100,000, with 1–49 creditors.
About Bradbury Lessee LLC
Bradbury Lessee LLC is a limited liability company.
Bradbury Lessee LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11941) on September 7,
2025. In its petition, the Debtor reports estimated assets and
liabilities up to $100,000 each.
Honorable Bankruptcy Judge Michael E. Wiles handles the case.
The Debtor is represented by Todd E. Duffy, Esq. at Duffyamedeo
LLP.
BRIGGS BROTHERS: Seeks to Hire Bankruptcy Center as Counsel
-----------------------------------------------------------
Briggs Brothers Enterprises Corporation seeks approval from the
U.S. Bankruptcy Court for the Eastern District of Louisiana to hire
Derek Terrell Russ of the Bankruptcy Center of Louisiana to serve
as legal counsel in its Chapter 11 case.
The firm's services will include:
(a) advising the Debtor as to its rights, duties, and powers as
Debtor-in-possession;
(b) advising the Debtor regarding matters of bankruptcy law;
(c) assisting the Debtor in the preparation and filing of all
necessary schedules, statements of financial affairs, reports,
motions, responses, or other filings or pleadings;
(d) representing the Debtor at all meetings, hearings, or other
events that come before the Court or occur in the Debtor's case;
(e) representing the Debtor in any matter involving contests with
secured or unsecured creditors, including the claims reconciliation
process;
(f) consulting with the Debtor concerning the administration of
the Debtor's case;
(g) advising, assisting, and representing the Debtor concerning
the formulation of, preparation and filing of, and confirmation of
any proposed plan(s), and solicitation of any acceptances or
responding to objections to such plan(s);
(h) advising the Debtor concerning, and assisting in the
negotiation and documentation of, financing agreements, debt
restructurings, cash collateral arrangements, and related
transactions;
(i) providing assistance, advice, and representation concerning
any possible sale of the Debtor's assets;
(j) reviewing the nature and validity of liens asserted against
the property of the Debtor and advising the Debtor concerning the
enforceability of such liens;
(k) providing assistance, advice, and representation concerning
any further investigation of the assets, liabilities, and financial
condition of the Debtor that may be required under local, state, or
federal law;
(l) prosecuting or defending litigation matters and such other
matters that might arise during this Bankruptcy Case;
(m) providing counseling and representation with respect to
assumption or rejection of executory contracts and leases, sales of
assets, and other bankruptcy-related matters arising under the
Bankruptcy Case;
(n) representing the Debtor in all matters related to its labor
contracts and negotiations with unions, if needed;
(o) pursuing avoidable transfers and transactions of the Debtor on
the Debtor's behalf;
(p) performing such other legal services as may be necessary and
appropriate for the efficient and economical administration of this
Bankruptcy Case; and
(q) performing such other legal services set forth in the
Engagement Letter executed by the Debtor and the Firm on August 4,
2025.
Mr. Russ will receive an hourly rate of $250, and an hourly rate of
$45 is for paralegals.
Bankruptcy Center of Louisiana 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:
Derek Terrell Russ, Esq.
BANKRUPTCY CENTER OF LOUISIANA
700 Camp Street
New Orleans, LA 70130
Telephone: (504) 522-1717
Facsimile: (504) 522-1715
E-mail: derekruss@russlawfirm.net
About Briggs Brothers Enterprises
Corporation
Briggs Brothers Enterprises Corporation is a licensed general
contractor based in New Orleans, Louisiana. The Company provides
construction services for highway, street, bridge, and municipal
public works projects, and has performed work under federal
contracts across multiple states. It is certified as an SBA 8(a)
and HUBZone small business.
Briggs Brothers Enterprises Corporation sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D. La. Case No.: 25-11674)
on August 4, 2025. In its petition, the Debtor reports estimated
assets up to $50,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Meredith S. Grabill handles the case.
The Debtor is represented by Derek Russ, Esq.
CAPITAL WHOLESALE: Areya Holder Aurzada Named Subchapter V Trustee
------------------------------------------------------------------
The U.S. Trustee for Region 6 appointed Areya Holder Aurzada, Esq.,
at Holder Law as Subchapter V trustee for Capital Wholesale Group,
LLC and its affiliates, P4 Executive Investments, LLC and TWS
Service Corporation.
Ms. Aurzada will be paid an hourly fee of $575 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Aurzada declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Areya Holder Aurzada, Esq.
Holder Law
901 Main Street, Ste. 5320
Dallas, TX 75202
Office: 972-438-8800
Mobile: 817-907-4140
About Capital Wholesale Group
Capital Wholesale Group LLC is a used car dealership based in
Longview, Texas, selling pre-owned vehicles and providing related
automotive services.
Capital Wholesale Group and its affiliates, P4 Executive
Investments, LLC and TWS Service Corporation, filed Chapter 11
petitions (Bankr. N.D. Texas Lead Case No. 25-43395) on September
7, 2025. In its petition, Capital Wholesale Group reported between
$1 million and $10 million in assets and liabilities.
The Debtors are represented by Richard Grant, Esq., at CM Law,
PLLC.
CHANNING HALL: S&P Raises 2017 Revenue Bonds Rating to 'BB+'
------------------------------------------------------------
S&P Global Ratings raised its long-term rating on the Utah Charter
School Finance Authority's series 2017 charter school revenue
refunding bonds issued for Channing Hall Charter School (Channing
Hall) to 'BB+' from 'BB'.
The outlook is stable.
S&P said, "The upgrade reflects our view of the school's improved
operating and liquidity metrics, along with a moderating debt
burden, that we expect will continue over the outlook period. The
upgrade further reflects the school's strengthening enrollment and
solid academic profile.
"We analyzed environmental, social, and governance factors and
consider them neutral in our credit rating analysis.
"The stable outlook reflects our view that the recent trend of
improved financial performance, lease-adjusted MADS coverage, and
balance-sheet metrics will be sustained, and the school will
maintain its demand profile supported by solid academics.
"We could take a negative rating action if the recently improved
operating performance and balance-sheet metrics are not sustained,
or if the demand profile weakens materially, leading to
deterioration of the financial profile.
"Although unlikely, we could consider a positive rating action over
the longer term if the school continues to increase liquidity
levels while generating lease-adjusted MADS coverage consistently
stronger than historical performance, and strengthens its
enrollment profile and market position."
CHERISHED LAND: Case Summary & Four Unsecured Creditors
-------------------------------------------------------
Debtor: Cherished Land, LLC
64 Auburn Street
Portland ME 04103
Business Description: Cherished Land, LLC owns and operates a
single real estate property that generates
substantially all of the Company's income.
The Company is structured as a single-asset
real estate entity under U.S. bankruptcy
law.
Chapter 11 Petition Date: September 11, 2025
Court: United States Bankruptcy Court
District of Maine
Case No.: 25-20220
Judge: Hon. Peter G Cary
Debtor's
General
Bankruptcy
Counsel: D. Sam Anderson, Esq.
Adam R. Prescott, Esq.
BERNSTEIN, SHUR, SAWYER & NELSON, P.A.
100 Middle Street
P.O. Box 9729
Portland ME 04101
Tel: 207-774-1200
Fax: 207-774-1127
Email: sanderson@bernsteinshur.com
aprescott@bernsteinshur.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Samuel F. Eakin as authorized party.
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/4ATTXPQ/Cherished_Land_LLC__mebke-25-20220__0001.0.pdf?mcid=tGE4TAMA
CHUNGA-JINGA LLC: Seeks to Extend Plan Exclusivity to November 21
-----------------------------------------------------------------
Chunga-Jinga LLC, asked the U.S. Bankruptcy Court for the Eastern
District of New York to extend its exclusivity period to file a
plan of liquidation November 21, 2025.
The Debtor is a New York Corporation engaged in business as the
owner of a rental property located at 3042 Brighton Sixth St,
Brooklyn, NY 11235 (the "Property"). The Debtor's ability to fund a
Chapter 11 Plan is dependent upon the sale of the property.
By order of the court dated July 17 2025, the debtor retained a
real estate broker to market and sell the Property. The Property is
currently listed for sale at $1.1 million. The debtor seeks the
additional time to locate a buyer in order to effectuate a plan of
liquidation.
The debtor submits that no parties are prejudice by the additional
time sought hereunder. To the contrary, the debtor believes that
the estate will benefit from the additional time in order to
maximize the value of the Property for the benefit of all
creditors.
In addition, the bargain for governmental entities to file a proof
of claim has not yet passed. The debtor wants to make sure there
are no additional governmental claims before it files its plan.
Finally, to terminate the exclusive periods prematurely would be to
deny the Debtor a meaningful opportunity to negotiate with
creditors and propose a confirmable plan. This would be contrary to
the overall purpose of the Chapter 11 process. Premature
termination of the exclusive periods might force the Debtor to
waste valuable time and efforts combating competing plans and
result in increasing administrative expenses, all to the detriment
of the estate, the creditors and other parties-in-interest.
Chunga-Jinga LLC is represented by:
Robert J. Spence, Esq.
Spence Law Office, P.C.
55 Lumber Road, Suite 5
Roslyn, NY 11576
Tel: (516) 336-2060
Fax: (516) 605-2084
Email: rspence@spencelawpc.com
About Chunga-Jinga LLC
Chunga-Jinga LLC is a real estate management company based in
Brooklyn, New York, primarily focused on owning and managing
residential properties.
Chunga-Jinga LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41417) on March 26,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtor is represented by Robert J. Spence, Esq. at SPENCE LAW
OFFICE, P.C.
CITY PARK: Chris Quinn Named Subchapter V Trustee
-------------------------------------------------
The U.S. Trustee for Region 7 appointed Chris Quinn as Subchapter V
trustee for City Park Storage Ventures, LP.
Mr. Quinn will be paid an hourly fee of $425 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Quinn declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Chris Quinn
26414 Cottage Cypress Lane
Cypress, TX 77433
Phone: 713-498-8500
Email: chris.quinn2021@outlook.com
About City Park Storage Ventures
City Park Storage Ventures, LP filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Texas Case No.
25-35121) on August 29, 2025, listing between $1 million and $10
million in assets and liabilities.
Lloyd A. Lim, Esq. at Kean Miller LLP represents the Debtor as
legal counsel.
CLNG HOMES: Jerrett McConnell Named Subchapter V Trustee
--------------------------------------------------------
The Acting U.S. Trustee for Region 21 appointed Jerrett McConnell,
Esq., at McConnell Law Group, P.A. as Subchapter V trustee for CLNG
Homes, LLC.
Mr. McConnell will be paid an hourly fee of $350 for his services
as Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. McConnell declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jerrett M. McConnell, Esq.
McConnell Law Group, P.A.
6100 Greenland Rd., Unit 603
Jacksonville, FL 32258
Phone: (904) 570-9180
info@mcconnelllawgroup.com
About CLNG Homes
CLNG Homes, LLC filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03106) on
September 5, 2025, listing up to $50,000 in assets and
liabilities.
Bryan K. Mickler, Esq., at Mickler & Mickler represents the Debtor
as legal counsel.
CONCEPT CONNECTIONS: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------------
Concept Connections, Ltd received interim approval from the U.S.
Bankruptcy Court for the Eastern District of Texas, Sherman
Division, to use cash collateral to fund operations.
The interim order authorized the Debtor to use cash collateral
through September 25 in accordance with its monthly budget, subject
to a 10% variance per line item. Any expenditures above the budget
require prior written consent from secured lenders, Idea Financial
and Headway Capital, LLC.
The Debtor projects total monthly operational expenses of
$77,914.92.
The cash collateral is allegedly subject to pre-bankruptcy liens
held by the secured lenders, which claim a security interest in
most of the Debtor's assets.
As adequate protection, both lenders will be granted automatically
perfected replacement liens on all current and future assets of the
Debtor co-extensive with their pre-bankruptcy liens.
The replacement liens do not apply to any Chapter 5 causes of
action.
A final hearing is scheduled for September 25.
Headway Capital can be reached through:
Headway Capital, LLC
175 W Jackson Blvd
Suite 1000
Chicago, IL 60604
support@headwaycapital.com
Idea Financial can be reached through:
Idea Financial
800 NW 62nd Ave, Ste 750
Miami, FL 33126
info@ideafinancial.com
About Concept Connections Ltd.
Concept Connections Ltd., a company based in Plano, Texas, provides
behavioral health services with a focus on Applied Behavior
Analysis (ABA) therapy for individuals with autism and other
developmental disabilities. It collaborates with families,
therapists, and schools to deliver tailored therapeutic programs.
The company operates at multiple locations in Plano and accepts
most major insurance plans.
Concept Connections sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Texas Case No. 25-42455) on August 22,
2025. In its petition, the Debtor reported between $1 million and
$10 million in assets and liabilities.
The Debtor is represented by:
Sarah M. Cox, Esq.
Spector & Cox, PLLC
Tel: 214-310-1321
Email: sarah@spectorcox.com
D2 GOVERNMENT: Court Extends Cash Collateral Access to Sept. 22
---------------------------------------------------------------
D2 Government Solutions, Inc. received sixth interim approval from
the U.S. Bankruptcy Court for the Eastern District of North
Carolina, New Bern Division, to use cash collateral through
September 22.
The sixth interim order authorized the Debtor to use cash
collateral to pay ordinary and necessary business expenses as set
forth in its budget, subject to a 10% variance.
The budget projects total operational expenses of $528,287 for
September.
As protection for any diminution in value of the lenders' interests
in their collateral, the lenders will be granted a post-petition
continuing replacement lien on assets, including accounts
receivables generated post-petition, similar to their
pre-bankruptcy collateral.
The replacement lien will have the same validity, perfection,
extent and priority as the lenders' pre-bankruptcy lien.
The next hearing will be held on September 22.
The Debtor, which operates as a defense contractor across the U.S.,
filed for bankruptcy largely due to delays in payments on
government contracts, its primary source of income.
All receivables from the Debtor's contracts are handled through a
factoring agreement with LSQ Funding Group, which holds a
significant reserve. Although several recorded UCC-1 filings show
blanket liens from the U.S. Small Business Administration, First
Corporate Solutions, and Corporation Servicing Company, the Debtor
believes that most, if not all, of the pre-bankruptcy receivables
had been assigned to LSQ prior to filing. Therefore, at the time of
bankruptcy, the Debtor likely had no receivables generating cash
collateral for these lenders. However, LSQ's reserve may still
qualify as property of the estate and potentially subject to lender
claims.
About D2 Government Solutions Inc.
D2 Government Solutions, Inc. founded in 2010, is a
Service-Disabled Veteran-Owned Small Business (SDVOSB) that
provides a broad spectrum of professional services to U.S.
government agencies. The Company specializes in aviation-related
operations including base and flight operations, aircraft
maintenance, logistical support, aerial imaging, and range
services. In addition, D2 offers administrative and facility
support services such as mailroom operations, military transition
assistance, ID processing support, clerical staffing, and medical
administrative functions, reflecting its versatility in meeting
diverse federal contracting needs.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-01322) on April 11,
2025. In the petition signed by Darryl Centanni, president, the
Debtor disclosed up to $50 million in assets and up to $10 million
in liabilities.
Judge Pamela W. McAfee oversees the case.
The Debtor is represented by:
J.M. Cook, Esq.
J.M. Cook, P.A.
Tel: 919-675-2411
Email: j.m.cook@jmcookesq.com
DATABASED SOLUTIONS: Voluntary Chapter 11 Case Summary
------------------------------------------------------
Debtor: Databased Solutions Inc.
DBSI Services
1200 Route 22 E
Bridgewater, NJ 08807
Business Description: Databased Solutions Inc., doing business as
DBSI Services, provides engineering and
technical staffing solutions across multiple
industries in the United States.
Headquartered in New Jersey, the Company
offers direct hires, contract hires, and
temp-to-hire services for sectors including
automotive, aerospace, semiconductors,
medical devices, transportation, and health
technology. Founded in 1995 as a privately
owned corporation, DBSI Services conducts
technical and behavioral screening,
background checks, and recruitment processes
to meet the staffing needs of its clients.
Chapter 11 Petition Date: September 15, 2025
Court: United States Bankruptcy Court
District of New Jersey
Case No.: 25-19625
Judge: TBD
Debtor's Counsel: Justin M Gillman, Esq.
GILLMAN CAPONE LLC
770 Amboy Avenue
Edison NJ 08837
Email: jgillman@gillmancapone.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Ila Choudhary as president.
The Debtor did not submit the required list of its 20 largest
unsecured creditors when filing the petition.
A complete copy of the petition can be accessed for free on
PacerMonitor at:
https://www.pacermonitor.com/view/Q25WZ5A/Databased_Solutions_Inc__njbke-25-19625__0001.0.pdf?mcid=tGE4TAMA
DEREK L. MARTIN: Taps Law Office of Judith A. Descalso as Counsel
-----------------------------------------------------------------
Derek L. Martin, DMD, Inc. seeks approval from the U.S. Bankruptcy
Court for the Southern District of California to hire Judith A.
Descalso of the Law Office of Judith A. Descalso to serve as
general bankruptcy counsel in its Chapter 11 case.
The firm will provide these services:
(a) advise and consult with the Debtor concerning questions
arising in the conduct of the administration of the estate and
concerning the Debtor's rights and remedies regarding the estate's
assets and the claims of creditors and other parties in interest;
(b) represent the Debtor on behalf of the estate before the
Court, including assisting in the preparation of pleadings, reports
and orders, as required for the orderly administration of this
estate;
(c) assist in the preparation of applications of employment
and preparation and review of fee applications and, where
appropriate, file objections to the fee applications of other
professionals;
(d) provide advice regarding the Debtor's reorganization,
including the evaluation and, if appropriate, the development and
preparation of a Disclosure Statement and Plan of Reorganization to
effectuate the Debtor's reorganization and any post-confirmation
motions; and
(e) provide such other reasonable and related services within
the scope of engagement as may be requested by the Debtor from time
to time.
Ms. Descalso will receive an hourly rate of $495, associates at
$450, and paraprofessionals at $90 to $150.
The firm received a $25,000 retainer from Derek Martin, the
Debtor's principal, which was paid from his personal non-bankruptcy
estate assets as a gift to the Chapter 11 estate with no
expectation of repayment.
The Law Office of Judith A. Descalso 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:
Judith A. Descalso, Esq.
LAW OFFICE OF JUDITH A. DESCALSO
960 Canterbury Pl., Ste. 340
Escondido, CA 92025
Telephone: (760) 745-8380
E-mail: jad@jdescalso.com
About Derek L. Martin, DMD, Inc.
Derek L. Martin, DMD Inc. is a dental clinic providing a variety of
treatments, from standard fillings to aesthetic services such as
digitally-designed dental veneers.
Derek L. Martin, DMD Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Calif. Case No.
25-01018) on March 14, 2025. In its petition, the Debtor reported
total assets of $365,636 and total liabilities of $1,530,365.
Honorable Judge J. Barrett Marum oversees the case.
The Debtor is represented by Bernard M. Hansen, Esq., at Law
Offices of Bernard M. Hansen.
DIRECTV FINANCING: Moody's Rates New $1.5BB Sr. Secured Notes 'B1'
------------------------------------------------------------------
Moody's Ratings has assigned B1 ratings to DIRECTV Financing, LLC's
(DIRECTV) proposed $1.5 billion senior secured notes due 2030. The
net proceeds will be used to fund a tender offer for up to $1.5
billion of the company's 5.875% senior secured notes due 2027.
Concurrently with the issuance of the proposed $1.5 billion senior
secured notes due 2030, the company will extend the maturity of its
existing $500 million senior secured first lien revolving credit
facility due August 2028 to September 2030. DIRECTV is also
reducing amounts outstanding under its 2027 senior secured first
lien term loan with approximately $250 million of balance sheet
cash and potential draws under its extended $500 million senior
secured first lien revolving credit facility. All other ratings,
including the company's B1 corporate family rating (CFR), remain
unchanged. A senior secured receivables credit facility due June
2028 at DIRECTV Receivables, LLC, an indirect subsidiary of
DIRECTV, is unrated. Various senior unsecured notes maturing over
the period through 2042 held at DIRECTV's subsidiary, DIRECTV
Holdings LLC, are also unrated. The outlook remains unchanged at
negative.
RATINGS RATIONALE
DIRECTV's B1 CFR partly reflects the company's move to a more
aggressive financial policy in early 2025 in connection with its
decision to debt-fund a $1.625 billion dividend to its owners in
February 2025. That dividend was a negotiated component of an
agreement by TPG Capital (TPG) to purchase AT&T Inc.'s (AT&T, Baa2,
stable) remaining 70% equity stake in DIRECTV Entertainment
Holdings LLC, parent of DIRECTV. That purchase transaction closed
on July 02, 2025, resulting in TPG now owning a 100% stake in
DIRECTV's parent. Debt leverage for the 12 months ended June 30,
2025 was 2.0x (Moody's adjusted), underscoring the financial policy
departure from mid-2024 when DIRECTV targeted more modest debt
leverage of around 1.25x (Moody's adjusted). However, under full
TPG ownership and as publicly shared on August 26, 2025, the
company is now pursuing a financial policy focused on prudent
balance sheet management which includes aggregate debt reduction
achieved through a combination of free cash flow generation and
opportunistic repurchases of outstanding debt. Under this revised
policy, DIRECTV is now targeting company-defined net debt leverage
target of around 1.5x over the next 12-24 months.
Moody's currently expect DIRECTV's debt leverage (Moody's adjusted)
to fall slightly to 1.9x at year-end 2025. However, debt leverage
(Moody's adjusted) could be lower than this level if continued cost
efficiencies are more readily realized and more favorable operating
results are achieved under evolving business strategy changes and
enhancements. Maintenance of steady EBITDA margins in the mid-20%
area and the potential for consistent debt pay downs with all
available discretionary free cash flow remain key considerations in
support of DIRECTV's credit profile.
On an operational level, subscriber losses make continued cost
cutting a critical part of ensuring that DIRECTV is able to
maintain and optimize cash flow generation at levels sufficient to
fund steady tax-based cash distributions to TPG given the company's
legal structure as a limited liability company. Operating cost
efficiency efforts have targeted G&A reductions, including customer
service operations and the streamlining of customer acquisition
costs. Disciplined maintenance capital investing and targeted
growth capital investments are also a part of this focus on
optimizing cash flow generation. DIRECTV's total subscriber base
remains in steady decline at all segments except the company's
small DIRECTV via Internet segment. DIRECTV via Satellite
subscribers contracted at a 17.2% rate on a year-over-year basis
through June 30, 2025 to 5.9 million subscribers (vs 7.1 million
DIRECTV via Satellite subscribers at June 30, 2024), below the Q2
2024 year-over-year contraction pace of 17.9% but still at a very
high level. These negative fundamental subscriber trends have
resulted in DIRECTV via Satellite subscribers declining by over 63%
since a year-end 2019 total of 16.0 million subscribers. The
company still has a currently sizable overall scale of 8.8 million
total subscribers (vs 10.1 million total subscribers at 6/30/2024)
after adding in 2.9 million subscribers from the DIRECTV via
Internet, DIRECTV STREAM and U-verse business categories. DIRECTV's
substantial programming content distribution and spending enables
some negotiating advantages in content provider contract
discussions versus smaller video distribution peers.
DIRECTV faces growth pressures as revenue and profits are generated
from its US linear pay television distribution business, which is
facing negative, secularly driven trends. These negative trends
include consumers moving to direct-to-consumer video-on-demand
services and terminating traditional linear bundled pay TV services
such as those provided by DIRECTV. The company operates under
limited visibility and is potentially vulnerable to unexpected and
sizable falloffs of subscribers. Such limited visibility negatively
impacts financial flexibility, especially if the current pace of
negative industry subscriber trends were to shift dramatically
lower or if churn were to materially worsen. The company is focused
on strengthening operating performance by acquiring and retaining
profitable customers, supporting current margins through cost
containment and evolving and transitioning its current linear
bundled television distribution exposure to strengthen its
competitive positioning and help slow the pace of revenue and
subscriber contraction through innovative offerings.
Moody's expects DIRECTV to have a good liquidity profile going
forward, supported by solid free cash flow generation and full
availability under its extended $500 million revolving credit
facility excluding any outstanding letters of credit. The company
also had balance sheet cash of $289 million as of June 30, 2025.
Moody's expects that the company will maintain cash balances at
sufficient levels to operate its business. The company has already
fully retired TPG's senior preferred equity and AT&T's junior
preferred equity. The unredeemed portion of the common-catch-up
units payable to AT&T currently total around $1.15 billion, and
Moody's expects these obligations will be fully paid off by early
2026 with discretionary free cash flow. The company's existing term
loans include a 50% excess cash flow sweep with first lien net
leverage-based step-downs to 25% and 0%. Per DIRECTV's recently
modified financial policy, the excess of the company's free cash
flow after tax-based cash distributions to TPG and after any
required debt repayments are now expected to be utilized for debt
reduction when optimal to better withstand secular decline
pressures on overall credit metrics. The extended revolving credit
facility is expected to include a springing first lien net leverage
ratio covenant of 2.25x which will be tested when more than 35% of
the revolver is drawn. Moody's expects the company to maintain
sufficient cushion under this covenant over Moody's forward outlook
period. The revolver, as extended, will also have a springing
maturity to any remaining August 2027 debt maturities and February
2030 debt maturities if, in each case, the outstanding principal
amount of such outstanding debt maturing in either 2027 or 2030 is
in excess of $500 million.
DIRECTV's ESG Credit Impact Score of CIS-4 reflects governance
risks associated with the potential for an aggressive financial
policy under full private equity ownership, as best evidenced by
the early 2025 decision to make a sizable, debt-funded $1.625
billion dividend to equity stakeholders. The potential for a
successful evolution of the company's go-forward business strategy
remains unclear given secular decline pressures in the linear
bundled television distribution industry. DIRECTV's board of
directors lacks independence because its two independent directors
(out of five in total) are non-voting members only; the three
voting members include the CEO and two appointed by TPG.
The negative outlook reflects the potential for continuing elevated
levels of subscriber declines due to significant secular pressures
on linear bundled television distribution in the US. Execution
risks remain high as the company seeks to innovate and adjust its
legacy operating model to mitigate subscriber churn and lower the
pace of subscriber declines while also generating solid free cash
flow to reduce outstanding debt.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Given the secular pressures causing substantial subscriber declines
within three of the company's four businesses (DIRECTV via
Satellite, DIRECTV STREAM and U-Verse), ratings are constrained at
the B1 CFR level and therefore an upgrade is unlikely. However,
over time an upgrade could occur if the company invests in new
sustainable businesses such that it generates steady and material
revenue growth and continues to maintain low debt leverage (Moody's
adjusted).
Given industry secular pressures, ratings could be downgraded if
the pace of subscriber declines at DIRECTV via Satellite does not
slow over the next several quarters to nearer a low double-digit
contraction pace on a year-over-year basis to better facilitate
debt reduction and sustain debt leverage (Moody's adjusted) at a
consistent range below 1.75x. Additional ratings pressure could
result if financial policy pivots to a more aggressive posture or
if liquidity proves insufficient to address near term debt
maturities and the cash needed to fund its business for the next 18
months.
Headquartered in El Segundo, CA, DIRECTV Financing, LLC is a US pay
TV distributor with the bulk of its subscribers accessing the
company's product via direct broadcast satellite. DIRECTV had
approximately 8.8 million subscribers and $18.3 billion in revenue
for the latest 12 months period ended June 30, 2025.
The principal methodology used in this rating was
Telecommunications Service Providers published in November 2023.
DRAGONFLY PRIMARY: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------------
Debtor: Dragonfly Primary Care LLC
6835 E. Southport Road, Suite D
Indianapolis, IN 46237
Business Description: Dragonfly Primary Care provides
comprehensive primary care services for
patients of all ages in Indianapolis, IN,
including preventive care, urgent care,
chronic disease management, mental health
support, and in-house laboratory services.
The clinic offers same-day visits and
flexible scheduling to accommodate patient
needs. It focuses on individualized,
evidence-based medical care.
Chapter 11 Petition Date: September 12, 2025
Court: United States Bankruptcy Court
Southern District of Indiana
Case No.: 25-05537
Judge: Hon. James M Carr
Debtor's Counsel: Thomas C. Scherer, Esq.
DENTONS BINGHAM GREENEBAUM
2700 Market Tower
10 West Market Street
Indianapolis, IN 46204
Tel: (317) 635-8900
Fax: (317) 236-9907
Email: thomas.scherer@dentons.com
Total Assets: $288,594
Total Liabilities: $1,461,850
Caleb Wiles signed the petition as practice 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/JSEQZDA/Dragonfly_Primary_Care_LLC__insbke-25-05537__0001.0.pdf?mcid=tGE4TAMA
DYNAMISM LLC: Gets Interim OK to Use Cash Collateral
----------------------------------------------------
Dynamism, LLC got the green light from the U.S. Bankruptcy Court
for the Southern District of New York to use cash collateral to
fund operations.
The court's order authorized the Debtor's interim use of cash
collateral consistent with its budget pending the final hearing on
October 7.
Except in the event of emergency, no funds should be spent in
excess of 110% of the amount set forth in the budget without
further court order and consent from secured creditors.
The creditors asserting liens on the cash collateral through UCC
filings include the U.S. Small Business Administration, Ulster
Savings Bank, Pinnacle Business Funding, LLC and Titan Funding,
LLC. The secured creditors will be granted post-petition
replacement liens on property securing the Debtor's pre-bankruptcy
debt as adequate protection.
The Debtor said it has no alternative financing and needs to use
the secured creditors' cash collateral to cover essential
operational expenses.
The Debtor projects approximately $212,738 in gross revenue for
September and expects to break even.
About Dynamism LLC
Dynamism LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. N.Y. Case No. 25-35951) on September
8, 2025, listing up to $500,000 in assets and liabilities. Michael
Lockwood, managing member, signed the petition.
Judge Kyu Young Paek oversees the case.
Michael D. Pinsky, Esq., at Michael D. Pinsky, Esq., represents the
Debtor as legal counsel.
ELM STREET: Hires Ehrhard & Associates as Legal Counsel
-------------------------------------------------------
Elm Street REI LLC seeks approval from the U.S. Bankruptcy Court
for the District of Massachusetts to hire James P. Ehrhard of
Ehrhard & Associates, P.C. to serve as legal counsel in its Chapter
11 case.
The firm will provide these services:
(a) give the Debtor legal advice with respect to its powers
and duties as a Debtor in this Chapter 11 proceeding;
(b) perform on behalf of the Debtor necessary applications,
answers, orders, reports and other legal papers required for these
proceedings;
(c) perform all other legal services for the Debtor which may
be necessary herein; and
(d) represent the Debtor with the sale, refinance or
restructuring of the property of the Debtor.
Mr. Ehrhard will receive an hourly rate of $325 for senior
attorneys and $175 for paralegals.
Ehrhard & Associates, P.C. has received a $12,000 retainer of which
$10,262 is being held in escrow for legal fees and $1,738 is to be
used for the filing fee, with any additional fees incurred to be
billed in accordance with the fee agreement or as the Court may
deem just.
Ehrhard & Associates, 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:
James P. Ehrhard, Esq.
EHRHARD & ASSOCIATES, P.C.
27 Mechanic Street, Suite 101
Worcester, MA 01608
Telephone: (508) 791-8411
E-mail: ehrhard@ehrhardlaw.com
About Elm Street REI LLC
Elm Street REI LLC is a real estate investment company that owns
and manages two properties in Worcester, Massachusetts.
Elm Street REI LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-40807) on July 30,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $500,000 and $1 million.
Honorable Judge Elizabeth D. Katz oversees the case.
The Debtor is represented by James P. Ehrhard, Esq. at Ehrhard &
Associates.
EMPIRE TODAY: S&P Downgrades ICR to 'CCC' on Weakening Liquidity
----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on flooring
retailer Empire Today LLC to 'CCC' from 'CCC+'.
S&P said, "In addition, we lowered our issue-level rating on the
company's first-out term loan to 'B-' from 'B'; the recovery rating
is '1' (90%-100% recovery; rounded estimate: 95%). We also lowered
our issue-level rating on Empire Today's second-out term loan to
'CC' from 'CCC' and revised the recovery rating to '6' (0%-10%
recovery; rounded estimate: 0%) from '5'.
"The negative outlook reflects the risk of a liquidity shortfall or
a debt transaction that we view as tantamount to default in the
subsequent six months absent operating performance improvement."
In the second quarter of 2025, Empire Today reported weak operating
margins that led to a free operating cash flow (FOCF) deficit.
S&P forecasts that the FOCF deficit will continue, causing
liquidity to weaken meaningfully.
The downgrade reflects the elevated risk of default in the next 12
months absent significant operating performance improvement. Empire
Today reported that its FOCF deficit increased on a year-to-date
basis to $45 million in the second quarter of 2025 from $18 million
in the prior year. This was due to compressed profitability and
working-capital outflow from inventory transition to an improved
inventory assortment and onshoring. Since its balance sheet
restructuring in November 2024, which provided about $100 million
in new money, the company's liquidity has meaningfully weakened as
it navigates the difficult housing market. S&P said, "We forecast
its reported FOCF deficit will increase to about $65 million this
year as the company deploys resources for its turnaround
initiatives. In 2026, we expect reported FOCF will improve but
remain negative as the housing market starts to improve. In our
view, a weakening liquidity position and uncertainties around the
duration of the business cycle leave a tight cushion for potential
setbacks on the company's turnaround initiatives, elevating the
risk of another balance sheet restructuring within the next 12
months given its debt trading prices."
S&P said, "We expect adjusted EBITDA will be insufficient to cover
interest expenses, with S&P Global Ratings-adjusted EBITDA interest
coverage remaining below 1x over the next two years as the company
implements its turnaround initiatives. The company's term loan debt
increased to about $634 million from $576 million following its
balance sheet restructuring in November 2024. We expect the
company's outstanding debt will continue to increase as it heavily
relies on its revolving facility. We forecast interest expenses of
about $60 million in 2025, declining in 2026 due to lower interest
rates.
"We expect revenue volatility due to the business cycle downturn.
Empire Today's revenue declined almost 2% in the second quarter,
driven by a decline of about 10% in leads and partially offset by
higher close rates and average tickets. This follows a 12% decline
in the same period in the prior year and an 8% decline in the first
quarter of 2025, largely due to elevated mortgage rates and a
pronounced decline in existing home sales in the last three years.
The company has focused on improving its product assortment,
optimizing its price structure, and increasing lead generation and
conversion. In addition, to combat weak leads and keep its brand
relevant, it has maintained its high advertising spending in the
second quarter, which translated to about 17% of revenue on a
last-12-month basis. We forecast revenue will decline 2.5% in 2025
and grow 1% in 2026 as the housing market starts to improve. While
the company could decrease advertising spending to preserve its
short-term liquidity position, we believe that would hurt growth
prospects and operating performance in the longer term.
"We expect operating margins will remain compressed due to the weak
housing market and high competition. The company's S&P Global
Ratings-adjusted EBITDA margin decreased to 3.2% in the second
quarter compared to 7.8% in the prior year. This was largely due to
an increase in advertising and corporate expenses, which includes
incentive compensation and payroll. While advertising expenses
increased by almost 9% compared to the prior year, the marketing
return on investment decreased and the cost per lead increased as
the company navigated challenging macroeconomic conditions. In
addition, as part of the company's product line review plan,
inventory levels increased by 24% in the quarter compared to last
year largely due to transition to an improved inventory assortment.
The company has moved away from China and focused on near-shoring
its supply chain, which will likely improve inventory management in
the longer term. We forecast an adjusted EBITDA margin of 2.6% this
year, increasing to 5.6% in 2026 as the company implement its
cost-savings initiatives and the housing market improves.
"The negative outlook reflects the risk of a liquidity shortfall or
a debt transaction that we view as tantamount to default in the
subsequent six months absent an improvement in operating
performance.
"We could lower our rating on Empire Today again if we envisioned a
specific default scenario occurring in the subsequent six months.
This includes a payment default, a distressed exchange, or a
balance sheet restructuring.
"We could take a positive rating action if we don't expect a
specific default scenario occurring in the subsequent 12 months.
This could occur if operating performance improves and alleviates
short-term liquidity pressure."
ENCINO ACQUISITION: Moody's Withdraws 'B2' CFR on Debt Redemption
-----------------------------------------------------------------
Moody's Ratings withdrew all of Encino Acquisition Partners
Holdings, LLC's (Encino) ratings, including its B2 Corporate Family
Rating and B2-PD Probability of Default Rating. The outlook changed
to ratings withdrawn from ratings under review. Previously, the
ratings were under review for upgrade. The withdrawals follow the
redemption of Encino's outstanding debt.
Encino's ratings review was initiated earlier this year following
the announcement of a definitive agreement for Encino to be
acquired by EOG Resources, Inc. (EOG, A3 stable) in a $5.6 billion
cash deal.
RATINGS RATIONALE
The Encino senior unsecured notes and revolving credit facility
have been fully repaid following the closing of EOG's acquisition
of Encino. All of Encino's ratings have been withdrawn because all
of its rated debt is no longer outstanding.
Encino was a private independent E&P company with operations in the
Utica Shale in Ohio. Encino was 100% owned by Encino Acquisition
Partners, LLC (EAP), which was owned by Encino Energy, LLC (2%) and
Canada Pension Plan Investment Board (CPPIB, 98%).
ENERGIZER HOLDINGS: Moody's Rates New $300MM Unsecured Notes 'B2'
-----------------------------------------------------------------
Moody's Ratings assigned a B2 rating to Energizer Holdings, Inc.
("Energizer") proposed new $300 million senior unsecured notes due
2033. Energizer's other ratings are unchanged including the
company's B1 Corporate Family Rating, B1-PD Probability of Default
Rating, Ba1 rating on the existing senior secured first lien term
loan, Ba1 rating on the senior secured revolving credit facility,
B2 rating on the senior unsecured notes, and B2 rating on the
backed senior unsecured notes issued by Energizer Gamma Acquisition
B.V. and guaranteed by Energizer Holdings, Inc. The outlook is
stable and there is no change to the company's SGL-1 speculative
grade liquidity rating ("SGL").
Proceeds from the notes will be used to refinance the equivalent
debt outstanding on the $300 million existing senior unsecured
notes due 2027 in a leverage neutral transaction. Moody's will
withdraw the ratings on the existing notes upon the completion of
the transaction.
The proposed issuance was expected when Moody's assigned a Ba1
rating to the company's proposed senior secured incremental term
loan add-on as part of the rating action on September 08, 2025.
Please see Moody's September 08, 2025 press release for details on
the rationale for the rating assignments.
RATINGS RATIONALE
Energizer's B1 CFR reflects the company's very high leverage
following large debt funded acquisitions and earnings weakness in
recent years that has hurt the EBITDA margin. Energizer's strategy
to increase product diversity to mitigate the effects of its slow
growing and mature disposable battery business leads to periodic
acquisitions. Earnings nevertheless remain concentrated in
disposable batteries, and the company has not made any significant
acquisitions since the purchase of Spectrum Brands' global battery
and auto care businesses in January 2019. Energizer faced elevated
input costs and supply chain inefficiencies in 2021-2023. More
recently, input costs are moderating, and Project Momentum is
helping to reduce costs and improve operations. However, the EBITDA
margin remains muted due to ongoing restructuring costs as
Energizer works through its remaining initiatives as part of
Project Momentum, which is expected to be completed in 2025.
Secondary rechargeable batteries continue to take market share from
primary batteries in various device categories. These pressures are
modestly outweighed by the broader expansion of electronic devices
that benefit from key advantages found in disposable batteries.
Primary batteries, compared to secondary batteries, offer a lower
upfront cost, longer shelf life, lower self-discharge, and the
ability to provide a constant voltage supply with no need to
charge. This makes primary batteries ideal for low-drain,
long-duration applications or where portability and upfront costs
are key factors. Moody's believes Energizer's tariff exposure is
modest. Energizer employs regional manufacturing, generally
producing goods within the same region where they are sold.
However, a decline in overall consumer spending or declines in the
purchase of battery operated devices in response to tariffs could
reduce battery sales and reduce earnings.
Energizer's credit profile is supported by its leading market
position in the single use and specialized battery market, its
portfolio of well-known brands in the battery and consumer car
maintenance segments, and historically good EBITDA margin.
Liquidity is very good supported by Energizer's strong operating
cash flow and ample available capacity on its $500 million revolver
that is typically lightly utilized.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
The stable outlook reflects Moody's expectations for continued
improvement in operating earnings and the EBITDA margin as well as
solid free cash flow. Debt repayment is contributing to
debt-to-EBITDA leverage improvement. The stable outlook also
reflects that the company's very good liquidity provides capacity
to repay debt while maintaining good business reinvestment.
An upgrade would require consistent operational performance
including stable organic revenue growth, and a higher EBITDA margin
that leads to sustained debt to EBITDA below 4.5x and consistently
strong free cash flow.
The ratings could be downgraded if Energizer does not continue to
see improvement in the EBITDA margin in the next 12-18 months. The
ratings could also be downgraded if free cash flow deteriorates for
any reason or if the company does not repay debt such that
debt-to-EBITDA is likely to remain elevated above 5.5x. A
deterioration of liquidity, or if the company engages in
acquisitions or share repurchases before reducing leverage could
also lead to a downgrade.
The principal methodology used in this rating was Consumer Packaged
Goods published in June 2022.
Energizer Holdings, Inc. manufactures and markets batteries,
lighting products, car fragrance and appearance, and engine
additives around the world. The product portfolio includes
household batteries, specialty batteries, portable lighting
equipment and various car fragrance dispensing systems. Some key
brands include Energizer, Eveready, Rayovac, STP, and ArmorAll.
Headquartered in St. Louis, MO, the publicly-traded company
generates roughly $2.9 billion in annual revenue.
ENTECCO FILTER: Taps Williams Overman Pierce LLP as Accountant
--------------------------------------------------------------
Entecco Filter Technology Inc. seeks approval from the U.S.
Bankruptcy Court for the Middle District of North Carolina to hire
Williams Overman Pierce LLP to serve as accountant in its Chapter
11 case.
Williams Overman Pierce LLP will provide these services:
(a) prepare and file required 2024 federal income tax return; and
(b) prepare and file required 2024 state income tax returns.
Williams Overman Pierce LLP will be compensated based upon the
customary hourly rates charged by the firm at the time such
services are rendered, plus reimbursement of actual and necessary
expenses and other charges the firm incurs, in such amounts as may
be subsequently allowed and approved by the Court in accordance
with the Chapter 11 Fee Application Guidelines for the Middle
District of North Carolina currently in effect.
Williams Overman Pierce LLP represents no other entity in
connection with this case, holds no interest adverse to the
interests of the bankruptcy estate, and is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code, as
modified by Section 1107(b) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Edward A. Golden
WILLIAMS OVERMAN PIERCE LLP
2501 Atrium Drive, Suite 500
Raleigh, NC 27607
About Entecco Filter Technology
Entecco Filter Technology, Inc., is a Delaware-based environmental
technology company, specializing in air purification systems and
filter products used in various industries.
Entecco filed Chapter 11 petition (Bankr. M.D.N.C. Case No.
24-50707) on September 19, 2024, listing between $1 million and $10
million in both assets and liabilities. James David Edgerton,
president and chief executive officer, signed the petition.
Judge Lena M. James oversees the case.
The Debtor is represented by James C. Lanik, Esq., at Waldrep Wall
Babcock & Bailey, PLLC.
Secured creditor PNC Bank, N.A. is represented by:
Brian D. Darer, Esq.
Parker Poe Adams & Bernstein, LLP
301 Fayetteville Street, Suite 1400
Raleigh, NC 27602
Telephone: (919) 828-0564
briandarer@parkerpoe.com
ES PARTNERS: Seeks to Hire BizTx Law as Special Counsel
-------------------------------------------------------
ES Partners, Inc. seeks approval from the U.S. Bankruptcy Court for
the Southern District of Florida to hire Adam J. Smith of BizTx
Law, P.A. to serve as special counsel in its Chapter 11 case.
The firm will provide these services:
(a) advise the Debtor and Debtor-in-Possession on its relations
with, and responsibilities to, the Internal Revenue Service; and
(b) represent the Debtor in negotiations with the Internal Revenue
Service regarding taxes allegedly due.
The Debtor seeks to pay Mr. Smith and his accountant a total of
$16,577.17 for work already performed in preparation for
negotiations with the IRS, which includes approximately $8,577.17
billed by BizTx Law, P.A. at rates of $575–$600 per hour and
$8,000 billed by Dunn & Co., CPAs, PA under a Kovel arrangement at
$500 per hour.
BizTx Law, P.A. has represented to the Court that it is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached at:
Adam J. Smith, Esq.
BizTx Law, P.A.
Website: www.biztxlaw.com
Email: asmith@biztxlaw.com
Telephone: (954) 676-4321
Facsimile: (954) 689-2826
About ES Partners Inc.
ES Partners, Inc. operates a pharmacy delivery company. It operates
out of a leased warehouse in Pompano Beach, Fla.
ES Partners sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14211) on April 17,
2025, listing up to $1 million in assets and up to $10 million in
liabilities. Steven M. Easton, chief executive officer of ES
Partners, signed the bankruptcy petition.
Judge Mindy A. Mora oversees the case.
Brian K. McMahon, Esq., at Brian K. McMahon, PA, represents the
Debtor as legal counsel.
Truist Bank, as secured creditor, is represented by:
Jay B. Verona, Esq.
Shumaker, Loop & Kendrick, LLP
101 E. Kennedy Blvd., Suite 2800
Tampa, FL 33602
Tel: (813) 229-7600
Fax: (813) 229-1660
E-mail: jverona@shumaker.com
EVENTIDE CREDIT: Unsecureds to Recover 25% in Committee's Plan
--------------------------------------------------------------
The Official Committee of Unsecured Creditors submitted a
Disclosure Statement accompanying First Amended Plan of Liquidation
for Eventide Credit Acquisitions, LLC dated September 4, 2025.
Beginning in 2011, Matt Martorello through a complex structure of
companies (at the time consisting of different entities) which
ultimately included the Debtor, established and began operating
what is commonly referred to as a "Rent-a-Tribe" scheme that
charged more than 400% annual interest on short term loans to
consumers nationwide, in violation of many state usury statutes.
Martorello formed Eventide on February 9, 2015 as part of the
second restructuring to avoid scrutiny, and for the express purpose
of holding and collecting on a $300,000,000 promissory note (the
"Note") in "consideration" of the sale of Martorello’s company
named Bellicose to a tribal company known as Tribal Acquisition
Corporation. Following the creation, Eventide continued to operate,
control, and profit from the illegal Rent-a Tribe scheme for years
and it distributed over $62.0 million to Martorello, his family
members and entities and trusts he controlled or used to help
protect his interests.
In 2013-2014, Martorello attempted to avoid regulatory scrutiny by
restructuring the business through several assignments of the
ownership interests in certain entities to his other controlled
entities, but Martorello (and his entities) retained control of the
enterprise and continued to receive the net profits. But he was
unable to avoid lawsuits from the consumer borrowers who were
defrauded by the scheme (the "Consumer Borrowers").
Eventide is not a going concern company and there are no operations
or employees to protect, and no hope of rehabilitation. The Debtor
has no vendors, no landlords, and no customers. In other words, the
Debtor's sole purpose has always been to function as a conduit to
receive the Settlement Payments and then distribute the cash to
insiders and offshore asset protection trusts and entities created
by Martorello. Its only legitimate creditors consist exclusively of
the Consumer Borrowers who paid usurious interest on installment
loans.
The Debtor's only scheduled asset with value consists of the stream
of payments it receives from the tribal entities pursuant to the
$28,046,107.92 note receivable the Debtor settled for
$16,868,983.17 ("Settlement Payments"). The proceeds from the
Settlement Payments are depleted each month by the Debtor to fund
the administrative costs of the case. The Committee contends that
the Estate also has valuable fraudulent transfer and other
avoidance action claims against Martorello, his family, and the
entities and trusts he controls, which the Debtor denies.
The Committee shall select the person or entity in its sole and
absolute discretion to serve as trustee of the Litigation Trust as
approved by the Bankruptcy Court, and any successor trustee
appointed pursuant to the Litigation Trust Agreement. The Committee
will identify the Litigation Trustee and submit the name to the
Bankruptcy Court no later than the filing of the Plan Supplement.
There shall be appointed a Litigation Trust Oversight Board. The
Litigation Trust Oversight Board shall have the right after the
Effective Date to seek a replacement for the Litigation Trustee in
accordance with the Litigation Trustee’s retention agreement and
the terms of the Plan and the Litigation Trust Agreement.
Class 4 consists of General Unsecured Claims. Each holder of an
Allowed Class 4 Claim shall receive a cash Distribution equal to
its pro rata share of the General Unsecured Claims Cash Pool. Class
4 is Impaired, and Holders of Allowed Class 4 Claims are entitled
to vote to accept or reject the Plan. This Class will receive a
distribution of 25% of their allowed claims.
Class 6 consists of Equity Interests. Holders of the Equity
Interests shall have their Equity Interests cancelled on the
Effective Date. Class 6 is Impaired, and holders of Claims in Class
6 are deemed to have rejected the Plan.
On the Effective Date, the Committee shall implement the
"Restructuring Transactions". The actions to implement the
Restructuring Transactions may include: (a) the execution and
delivery of appropriate instruments of transfer, assignment,
assumption, or delegation of any asset, property, interest, or
right consistent with the terms of the Plan; (b) creation of the
Litigation Trust; and (c) all other actions necessary or
appropriate and consistent with the Plan and Confirmation Order,
including making filings or recordings that may be required by
applicable law in connection with the Plan.
On the Effective Date, or as soon as reasonably practicable
thereafter, after the establishment and funding of the Reserve
Accounts and payment of any other amounts required by the Plan, the
Litigation Trust Initial Funding shall be deposited into an account
owned and controlled by the Litigation Trustee in trust for the
holders of Allowed Consumer Borrower Claims.
A full-text copy of the Disclosure Statement dated September 4,
2025 is available at https://urlcurt.com/u?l=CeQw7n from Donlin,
Recano & Company, Inc., claims agent.
Counsel to the Official Committee of Unsecured Creditors:
Gary H. Leibowitz, Esq.
H.C. Jones, III, Esq.
J. Michael Pardoe, Esq.
Cole Schotz P.C.
1201 Wills Street, Suite 320
Baltimore, MD 21231
Telephone: (410) 230-0660
Facsimile: (410) 230-0667
E-mail: gleibowitz@coleschotz.com
hjones@coleschotz.com
mpardoe@coleschotz.com
Ian R. Phillips, Esq.
COLE SCHOTZ P.C.
901 Main Street, Suite 4120
Dallas, TX 75202
Telephone: (469) 557-9390
Facsimile: (469) 533-1587
Email: iphillips@coleschotz.com
About Eventide Credit Acquisitions, LLC
Eventide Credit Acquisitions, LLC, a Dallas-based company, filed
voluntary Chapter 11 petition (Bankr. N.D. Tex. Lead Case No.
23-90007) on Sept. 6, 2023.
On October 9, 3023, its affiliate, BWH Texas LLC, filed its
voluntary petition for relief under Subchapter V of Chapter 11 of
the Bankruptcy Code. In the petition signed by Matt Martorello,
manager, Eventide Credit disclosed up to $100 million in both
assets and liabilities.
Judge Mark X. Mullin oversees the cases.
The Debtors tapped Forshey Prostok as bankruptcy counsel and
Donlin, Recano & Company, Inc. as notice, claims and balloting
agent.
FIRST CLASS: Gets Extension to Access Cash Collateral
-----------------------------------------------------
First Class Moving Systems, Inc. and its affiliates received sixth
interim approval from the U.S. Bankruptcy Court for the Middle
District of Florida to use cash collateral.
The sixth interim order signed by Judge Roberta Colton extended the
Debtors' authority to access cash collateral pending a further
hearing on September 25.
The Debtors intend to use the cash collateral to pay the amounts
expressly authorized by the court; the expenses set forth in their
budget, plus an amount not to exceed 10% for each line item; and
additional amounts subject to approval by lenders.
As adequate protection, each lender a security interest in the cash
collateral will have a perfected post-petition lien on the cash
collateral, with the same validity, priority and extent as their
pre-bankruptcy lien.
As further protection, the Debtors were ordered to keep the
lenders' collateral insured.
The lenders are the U.S. Small Business Administration, De Lage
Landen Financial Services, Inc., and Valley National Bank.
As of the petition date, the Debtors' cash collateral was comprised
of cash, accounts receivable, and inventory in the aggregate amount
of $2.285 million.
The SBA asserts a blanket lien on the assets including cash,
deposit accounts, and accounts receivable of First Class while De
Lage Landen Financial Services asserts blanket liens on the cash
collateral of Capital Asset Finance, Inc. Meanwhile, Valley
National Bank asserts blanket liens on the assets of First Class
and the cash collateral of Capital Asset Finance, First Class
Moving of South Florida and FC Equipment Leasing, Inc.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/HtIz5 from PacerMonitor.com.
About First Class Moving Systems Inc.
First Class Moving Systems Inc. is a professional moving company
offering residential and commercial moving services, as well as
packing, logistics, and storage solutions. It has locations in
Tampa, Miami/Fort Lauderdale; Gulfport, Miss.; Orlando, Fla.; and
Bound Brook, N.J.
First Class Moving Systems and its affiliates filed Chapter 11
petitions (Bankr. M.D. Fla. Lead Case No. 25-02243) on April 11,
2025. In its petition, First Class Moving Systems reported between
$1 million and $10 million in both assets and liabilities.
Judge Roberta A. Colton handles the cases.
The Debtors are represented by Scott A. Stichter, Esq., and Amy
Denton Mayer, Esq., at Stichter, Riedel, Blain & Postler, P.A.
Valley National Bank, as lender, is represented by:
Andrew W. Lennox, Esq.
Casey Reeder Lennox, Esq.
Lennox Law, P.A.
P.O. Box 20505
Tampa, FL 33622
Tel: 813-831-3800
Fax: 813-749-9456
alennox@lennoxlaw.com
clennox@lennoxlaw.com
FUTURE FINTECH: All Five Proposals Approved at Annual Meeting
-------------------------------------------------------------
Future FinTech Group Inc. held its Special Meeting of Shareholders.
Of the 3,450,770 shares outstanding and entitled to vote as of the
record date, 1,750,034 shares, or 50.71%, were represented in
person or by proxy at the Special Meeting, thereby satisfying the
quorum requirement.
The results for each of the proposals submitted to a vote of the
Company's shareholders at the Special Meeting are set forth below.
Each proposal is described in more detail in Definitive Schedule
14A, filed with the Securities and Exchange Commission on August 8,
2025.
As disclosed in the Schedule 14A, each of the proposals voted by
the shareholders at the Special Meeting required the affirmative
vote of a majority of the votes cast, either in person or by proxy,
at the Special Meeting, provided a quorum is present. Abstentions
and broker non-votes were not be counted as votes cast and will
have no effect on the outcome of the vote.
Proposal One: Amendment and Restatement of the Company's Amended
and Restated Articles of Incorporation, as Amended: the approval to
amend and restate the Company's Articles of Incorporation, as
amended, to increase the Company's authorized shares of common
stock, $0.001 par value from 6,000,000 shares to 600,000,000
shares.
* FOR: 1,622,713
* AGAINST: 16,965
* ABSTAIN: 575
Once the Share Increase Amendment Proposal is approved by the
shareholders at the Special Meeting, the Share Increase Amendment
will become effective upon the filing of a certificate of amendment
to the Company's Articles of Incorporation with the Secretary of
State of the State of Florida. The Company is in the process of
arranging for the filing of the Share Increase Amendment and
expects the filing to be completed and the Share Increase Amendment
to become effective in the next few days.
Proposal Two: Issuance of Shares Upon Conversion of the Remaining
Balance of the Streeterville Note: the approval to issue shares of
the Company's Common Stock upon conversion of the remaining balance
of a Convertible Promissory Note previously issued to Streeterville
Capital, LLC on December 27, 2023, which, when fully converted, may
exceed 20% of the issued and outstanding Common Stock, which
issuance requires shareholder approval in accordance with Nasdaq
Listing Rule 5635(d) and (2) result in a change of control of the
Company, in accordance with Nasdaq Listing Rules 5635(d) (the "20%
Rule") and 5635(b) (the "Change-of-Control Rule")
* FOR: 1,285,183
* AGAINST: 354,412
* ABSTAIN: 658
Proposal Three: Unregistered Offshore Equity Financing Transaction:
the approval to issue up to 15,000,000 shares of the Common Stock
to non-U.S. investors in an unregistered offering pursuant to
Regulation S of the Securities Act of 1933, under the terms of a
Securities Purchase Agreement, which, when fully consummated, will
(1) exceed 20% of the Company's issued and outstanding Common
Stock, and (2) result in a change of control of the Company, in
accordance with the 20% Rule and Change-of-Control Rule.
* FOR: 1,285,145
* AGAINST: 354,476
* ABSTAIN: 632
Proposal Four: Unregistered Prepaid Financing Transactions: the
approval of the issuance of up to $10,000,000 worth of Common Stock
to Avondale Capital, LLC in a non-public pre-paid financing
transaction, which, when fully consummated, may exceed 20% of the
Company's issued and outstanding Common Stock, in accordance with
the 20% Rule and Change-of-Control.
* FOR: 1,626,636
* AGAINST: 12,964
* ABSTAIN: 653
Proposal Five: Adjournment of the Special Meeting: the approval to
adjourn the Special Meeting, if necessary or advisable, to solicit
additional proxies in favor of the foregoing proposals if there are
not sufficient votes to approve the foregoing proposals.
* FOR: 1,396,475
* AGAINST: 350,156
* ABSTAIN: 3,403
About Future FinTech Group
New York, N.Y.-based Future FinTech Group Inc. is a holding company
incorporated under the laws of the State of Florida. The Company
historically engaged in the production and sale of fruit juice
concentrates (including fruit purees and fruit juices) and fruit
beverages (including fruit juice beverages and fruit cider
beverages) in the PRC. Due to drastically increased production
costs and tightened environmental laws in China, the Company
transformed its business from fruit juice manufacturing and
distribution to financial technology-related service businesses.
The main business of the Company includes supply chain financing
services and trading in China, asset management business in Hong
Kong, and cross-border money transfer service in the UK.
Orange, Calif.-based Fortune CPA, Inc., the Company's auditor since
2023, issued a "going concern" qualification in its report dated
April 15, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has suffered losses from operations. Therefore, the Company has
stated substantial doubt about its ability to continue as a going
concern.
The ability of the Company to continue as a going concern is
dependent upon its ability to successfully execute its new business
strategy and eventually attain profitable operations.
As of Dec. 31, 2024, the Company had $25.9 million in total assets,
$13.3 million in total liabilities, and a total stockholders'
equity of $12.6 million.
GENESIS HEALTHCARE: Court OKs CPE-Led Sale Process
--------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Texas
approved the bidding procedures for the sale of all of the assets
of Genesis Healthcare Inc. and its debtor-affiliates. Objections
to the sale, if any, must be file no later than 12:00 p.m.
(prevailing Central Time) on Nov. 17, 2025.
The Debtors entered into an assets purchase agreement with CPE
889899 LLC as buyer for their assets. Pursuant to the Bidding
Procedures Order, the Stalking Horse Bidder is entitled to the
expense reimbursement on the terms set forth in the stalking horse
APA, in an amount up to $750,000.
Deadline to submit offers for the Debtors' assets must be filed no
later than 12:00 p.m. (prevailing Central Time) on Nov. 7, 2025.
An auction, if any, will take place on Nov. 13, 2025, at 10:00 a.m.
(prevailing Central Time). The auction will be held at the offices
of the proposed counsel to the Debtors: McDermott Will & Schulte
LLP, 2801 N. Harwood Street, Suite 2600, Dallas, Texas 75201-1574,
or such other location as may be communicated to the relevant
participants.
Binding Bids must be submitted in writing to the following
parties:
i) proposed counsel to the Debtors, McDermott Will & Schulte LLP,
2501 North Harwood Street, Suite 1900, Dallas, TX 75201 (Attn:
Marcus A. Helt (mhelt@mwe.com) and Jack G. Haake (jhaake@mwe.com)),
and 1180 Peachtree St. NE, Suite 3350, Atlanta, GA 30309 (Attn:
Daniel M. Simon (dsimon@mwe.com)), and 444 West Lake Street, Suite
4000, Chicago, IL 60606 (Attn: William A. Guerrieri
(wguerrieri@mwe.com) and Emily C. Keil (ekeil@mwe.com)); and
ii) the Debtors' proposed investment banker, Jefferies, LLC, 520
Madison Avenue, 6th Floor, New York, NY 10022 (Attn: Jeffrey
Finger, Jaspinder Kanwal, and James Burgoyne
(project.genie.core@jefferies.com)).
A sale hearing to approve the sale transaction is scheduled on Nov.
18, 2025, at 9:30 a.m. (prevailing Central Time) to take place on
November 18, 2025, at 9:30 a.m., prevailing Central Time, before
the Honorable Stacey G. Jernigan, at the United States Bankruptcy
Court for the Northern District of Texas, Earle Cabell Federal
Building, 1100 Commerce Street, 14th Floor, Courtroom 1, Dallas,
Texas 75242, or conducted consistent with the procedures
established pursuant to the Court’s standing orders.
About Genesis Healthcare Inc.
Genesis Healthcare Inc. is a Medical Group, based in Culver City,
CA. The medical group, which has also operated under the names
Daehan Prospect Medical Group and Prospect Genesis Healthcare,
provides physician services in Southern California.
Genesis Healthcare Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case 25-80185) on July 9, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtor is represented by Marcus Alan Helt, Esq. at Mcdermott
Will & Emery LLP.
The U.S. Trustee for Region 11 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Genesis
Healthcare Inc. and affiliates.
GENESIS HEALTHCARE: Deadline to File Claims Set for Oct. 31, 2025
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Texas set
Oct. 31, 2025 at 4:00 p.m. (prevailing Central Time) as last date
and time for persons and entities to file their proofs of claim
against Genesis Healthcare Inc. and its debtor-affiliates.
The Court also set Jan. 5, 2026 at 4:00 p.m. (prevailing Central
Time) as deadline for governmental units to file their claims
against the Debtors.
Each Proof of Claim Form, including supporting documentation, must
be filed or submitted through any of the following methods:
i) via the electronic filing interface available at
https://dm.epiq11.com/Genesis;
ii) by U.S. mail or first class mail, so as to be actually
received by Epiq on or before the applicable Bar Date at the
following address:
Genesis Healthcare, Inc.
Claims Processing Center
c/o Epiq Corporate Restructuring, LLC
P.O. Box 4421 Beaverton, OR
97076-4421;
or
iii) by overnight U.S. mail or other hand delivery system, so as
to be actually received by Epiq on or before the applicable Bar
Date at the following address:
Genesis Healthcare, Inc.
Claims Processing Center
c/o Epiq Corporate Restructuring, LLC
10300 SW Allen Blvd.
Beaverton, OR 97005.
Proofs of claim submitted via facsimile or electronic mail will not
be accepted.
If you have any questions regarding the claims processing and/or if
you wish to obtain a copy of the Bar Date Motion, the Order, Proof
of Claim Form, or related documents you may do so by: (i) visiting
the website of the Debtors' claims, noticing, and solicitation
agent, Epiq Corporate Restructuring, LLC ("Epiq") at:
https://dm.epiq11.com/Genesis, (ii) (888) 861-3979 (Toll-Free) or
(971) 306-9937 (International), and/or (iii) emailing
GenesisHCCInfo@epiqglobal.com. Please note that Epiq cannot advise
you on how to file, or whether you should file, a proof of claim.
About Genesis Healthcare Inc.
Genesis Healthcare Inc. is a Medical Group, based in Culver City,
CA. The medical group, which has also operated under the names
Daehan Prospect Medical Group and Prospect Genesis Healthcare,
provides physician services in Southern California.
Genesis Healthcare Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case 25-80185) on July 9, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtor is represented by Marcus Alan Helt, Esq. at Mcdermott
Will & Emery LLP.
The U.S. Trustee for Region 11 appointed Michael Bubman of BFW, LLC
and Sunset-Herman-Frankel-Fleishman, LLC and Peter Gudaitis of
Aculabs, Inc., as additional members of the official committee of
unsecured creditors in the Chapter 11 cases of Genesis Healthcare
Inc. and affiliates.
The Committee retained Proskauer Rose LLP and Stinson LLP as its
co-counsel.
GEORGIA VASCULAR: Court Extends Cash Collateral Access to Sept. 30
------------------------------------------------------------------
Georgia Vascular Specialists, P.C. received another extension from
the U.S. Bankruptcy Court for the Northern District of Georgia to
use cash collateral to pay its operating expenses.
The court authorized the Debtor to use the cash collateral of its
lenders from September 8 to 30 in accordance with its budget.
As adequate protection for the Debtor's use of their cash
collateral, the lenders including JPMorgan Chase Bank, N.A., The
Huntington National Bank and the U.S. Small Business Administration
will be granted replacement liens on assets acquired by the Debtor
after its bankruptcy filing that are similar to their
pre-bankruptcy collateral.
The replacement liens do not apply to any Chapter 5 avoidance
actions.
In addition, the Debtor must make interim payments of $3,119.40 to
JPMorgan during the interim period.
The next hearing is scheduled for September 30.
The Debtor disclosed in court papers filed in May that its
obligations total approximately $2.64 million, including a $275,747
line of credit and a $185,208 construction loan from JPMorgan
secured by substantially all of its business assets; a $12,102
equipment lease with TCF Equipment Finance (now Huntington Bank);
and a $2.17 million Small Business Administration disaster loan
secured by tangible and intangible business property.
About Georgia Vascular Specialists P.C.
Georgia Vascular Specialists P.C. provides vascular medicine and
surgical services, including minimally invasive and traditional
procedures for arterial, venous, and lymphatic conditions. The
practice operates an accredited vascular ultrasound lab, ambulatory
wound care services, and vein treatments, and offers inpatient care
at Piedmont Hospital and Atlanta Medical Center. Founded in 1989,
Georgia Vascular Specialists is based in Georgia.
Georgia Vascular Specialists sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55352) on May 13,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Paul W. Bonapfel oversees the case.
Benjamin R. Keck, Esq., at Keck Legal, LLC is the Debtor's
bankruptcy counsel.
JPMorgan Chase Bank, N.A., as lender, is represented by:
Eric Smith, Esq.
Aldridge Pite, LLP
Six Piedmont Center
3525 Piedmont Road, N.E., Suite 700
Atlanta, GA 30305
Phone: (404) 994-7400
Fax: (888) 873-6147
esmith@aldridgepite.com
GMS INC: S&P Withdraws 'BB-' ICR After Acquisition Close
--------------------------------------------------------
S&P Global Ratings withdrew all of its ratings on GMS
Inc.--including the 'BB-' issuer credit rating, the 'BB-'
issue-level rating on its senior secured debt, and the 'B'
issue-level rating on its senior unsecured debt--at the company's
request. At the time of withdrawal, the outlook was stable.
GOLDEN STATE FOODS: Moody's Cuts CFR to 'B3', Outlook Stable
------------------------------------------------------------
Moody's Ratings downgraded Golden State Foods LLC's Corporate
Family Rating to B3 from B2 and Probability of Default Rating to
B3-PD from B2-PD. Moody's also downgraded the ratings on the
company's senior secured first lien revolving credit facility and
senior secured first lien term loan B to B3 from B2. The rating
outlook is stable.
The downgrade reflects Moody's views that Golden State Foods' plan
to raise an incremental $250 million fungible term loan to fund a
shareholder distribution is credit negative and represents a change
in Golden State Foods' financial policy with respect to shareholder
distributions. The increased emphasis on discretionary cash
distributions to shareholders above tax-related distributions
introduces incremental risk to the company's highly leveraged
credit profile. The incremental debt raises cash interest expense
and reduces free cash flow, potentially limiting flexibility to
deleverage or reinvest in operations, especially during periods of
earnings volatility. The debt-funded distribution is aggressive at
a time when restaurant traffic and consumer spending are being hurt
by the cumulative effect of inflation and economic uncertainty.
Furthermore, the transaction increases Golden State Foods'
debt-to-EBITDA leverage from 5x as of June 2025 to approximately 6x
on a Moody's adjusted basis. Although Golden State Foods would
likely be able to reduce this leverage within 12 to 18 months, it
increases the company's credit risk to a level that is more
consistent with a B3 rating.
RATINGS RATIONALE
Golden State Food's B3 Corporate Family Rating reflects the
company's long-standing and very strong relationships with large,
limited service restaurants, its diverse product and service
offerings, and geographic diversification within the US. It also
reflects the company's high leverage, and aggressive financial
policy as evidenced by the planned debt funded distribution to
shareholders. Moody's expects that the company will generate
approximately $40 million of free cash flow in 2026, and maintain
good liquidity. Credit risks include the company's exposure to the
more discretionary food consumed out-of-home industry, high
financial leverage, with Moody's adjusted debt/EBTIDA of
approximately 6x on a proforma basis as of the LTM period ended
June 28, 2025, and low EBITDA margin. The high leverage, potential
for acquisitions and concentrated control are key factors in the
ratings and important governance drivers of the G-4 governance
issuer profile score and CIS-4 credit impact score.
Approximately 40% of the company's EBITDA is generated from its
distribution segment that is a low margin last mile distribution
business that operates as part of its customers' supply chain
providing food and supply deliveries to their restaurants. The bulk
of the remaining operations are the manufacturing of sauces,
condiments, dressings, syrups and aseptic products along with the
international operations and the protein supply business.
Approximately 95% of its revenue is protected by pricing protocols
for ingredients, packaging and conversion costs that result in a
low but relatively stable EBITDA margin. The ratings also reflect
event risk such as leveraged acquisitions and shareholder
distributions under the company's private equity ownership.
The stable outlook reflects Moody's expectations that Golden State
Foods will mitigate the current slowdown in restaurant traffic with
growth initiatives including an increase in customer store count
and cost controls that will allow for low single digit revenue
growth, roughly 5% EBITDA growth and approximately $40 million of
free cash flow in 2026. Moody's also anticipates in the stable
outlook that the company will maintain good liquidity over the next
12 to 18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be downgraded if operating performance weakens due to
factors such as softness in restaurant traffic and sales volumes,
slow new restaurant openings, or higher operating costs, weaker
free cash flow, EBITA/interest is sustained below 1.0x, liquidity
deteriorates, or if the company completes debt financed
acquisitions or shareholder distributions.
Ratings could be upgraded if the company sustains good organic
revenue growth, maintains a good EBITDA margin, and generates
consistent and comfortably positive free cash flow. The company
would also need to sustain debt to EBITDA below 5.5x,
EBITA/interest above 1.5x, and maintain a more conservative
financial policy.
The principal methodology used in these ratings was Consumer
Packaged Goods published in June 2022.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
COMPANY PROFILE
Golden State Foods LLC, based in Irvine, California, is a global
diversified food manufacturer and distributor primarily to
limited-service restaurants and foodservice customers. The company
manufactures sauces, dressings, condiments and syrups; aseptic
dairy-based milkshakes, ice cream, coffees and non-dairy beverage
products; fresh and frozen beef patties; and fresh-cut produce. In
addition, it provides last mile custom daily distribution services
to limited service restaurants. Golden State Foods generated annual
sales of approximately $5 billion as of the 12 months ended June
28, 2025. Lindsay Goldberg, a private equity firm, acquired a
majority of the company in December 2024.
GPD COMPANIES: Moody's Withdraws 'Caa1' Corporate Family Rating
---------------------------------------------------------------
Moody's Ratings has withdrawn all ratings on GPD Companies, Inc.,
including the Caa1 corporate family rating, the Caa1-PD probability
of default rating, and the Caa2 rating on the senior secured notes.
The outlook at the time of withdrawal was positive.
RATINGS RATIONALE
Moody's have decided to withdraw the rating(s) following a review
of the issuer's request to withdraw its rating(s).
GPD Companies, Inc., based in The Woodlands, Texas, is a holding
company formed by One Rock Capital Partners LLC. Its operational
entity, Nexeo Plastics, is a leading plastics distributor in North
America, Europe and Asia. Revenue for the LTM period ending March
31, 2025 was roughly $1.7 billion.
GRANT THORNTON: Term Loan Expansion No Impact on Moody's 'B2' CFR
-----------------------------------------------------------------
Moody's Ratings said Grant Thornton Advisors Holdings LLC's (Grant
Thornton) announced euro term loan expansion to EUR850 million, an
increase of EUR100 million from EUR750 million, the net proceeds of
which will be used to fund additional acquisitions, is a negative
credit development because the plan increases both debt and
acquisition integration risks. However, Moody's had anticipated the
company might continue to fund acquisitions with additional debt
and the plan does not impact Moody's expectations for debt/EBITDA
to decline to below 6x by 2026. Therefore, the ratings, including
the B2 corporate family rating and B2 senior secured instrument
ratings, as well as the stable outlook, remain unchanged at this
time.
Grant Thornton, headquartered in Chicago, Illinois, serves over
22,500 clients globally across various industries. Revenue is
derived mostly from US middle market business clients as of June
30, 2025, but the company is rapidly expanding its geographic
footprint, including through acquisition of certain of its non-US
affiliates.
GRDN HOSPITALITY: Gets Interim OK to Use Cash Collateral
--------------------------------------------------------
GRDN Hospitality, LLC received interim approval from the U.S.
Bankruptcy Court for the Central District of California, Los
Angeles Division, to use cash collateral pending a final hearing.
The court's order authorized the Debtor's interim use of cash
collateral to pay the expenses set forth in its budget, subject to
a 15% variance.
As adequate protection for the Debtor's use of its cash collateral,
Live Oak Bank will be granted post-petition security interests in
and replacement liens on all assets of the Debtor, including
accounts receivable, inventory and debtor-in-possession accounts,
acquired after the petition date.
The replacement liens will have the same validity, priority and
extent as the bank's pre-bankruptcy liens and do not apply to any
avoidance actions.
Each post-petition lien will have priority in payment over all
administrative expenses.
The final hearing is set for November 13. The deadline for filing
objections is on October 30.
About GRDN Hospitality LLC
GRDN Hospitality, LLC operates as a craft brewery under the brand
Three Weavers Brewing Company in Inglewood, California. It produces
and distributes a variety of beers, including lagers and ales, and
engages in on-site retail and community events.
GRDN Hospitality sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-16321) on July 24,
2025, listing between $1 million and $10 million in assets and
liabilities. The petition was signed by Lynne Weaver as chief
executive officer and manager.
The Debtor is represented by:
Gregory K. Jones, Esq.
Stradling Yocca Carlson & Rauth, LLP
10100 N. Santa Monica Blvd., Suite 1450
Los Angeles, CA 90067
Tel: 424-214-7000
Fax: 424-214-7010
gjones@stradlinglaw.com
GROUPE SOLMAX: Pioneer Floating Marks $579,000 Loan at 19% Off
--------------------------------------------------------------
Pioneer Floating Rate Fund, Inc. has marked its $1,328,620 loan
extended to Groupe Solmax, Inc. to market at $1,135,970 or 81% of
the outstanding amount, according to Pioneer's Form N-CSR for the
fiscal year ended May 31, 2025, filed with the U.S. Securities and
Exchange Commission.
Pioneer is a participant in a Initial Term Loan to Groupe Solmax,
Inc. The loan accrues interest at a rate of 9.31% per annum. The
loan matures on May 29, 2028.
Pioneer is organized as a Maryland corporation. Prior to April 21,
2021, the Fund was organized as a Delaware statutory trust. On
April 21, 2021, the Fund redomiciled to a Maryland corporation
through a statutory merger of the predecessor Delaware statutory
trust with and into a newly-established Maryland corporation formed
for the purpose of effecting the redomiciling. The investment
objective of the Fund is to seek a high level of current income and
the Fund may, as a secondary objective, also seek capital
appreciation to the extent that it is consistent with its
investment objective.
Pioneer is led by Brendan McGovern as President and Chief Executive
Officer and Jonathan Landsberg as Treasurer and Chief Financial
Officer.
The Company can be reach through:
Brendan McGover
60 State Street,
Boston, MA 02109
Telephone: (617) 742‑7825
About Groupe Solmax, Inc.
Groupe Solmax Inc. manufactures polyethylene geomembranes. The
Company offers containment and fluid transportation solutions
including HDPE pipes, valves, fittings and accessories. Groupe
Solmax serves mining, energy, waste management, water, and civil
engineering sectors in Canada.
GYP HOLDINGS III: Moody's Withdraws 'Ba1' CFR on Debt Repayment
---------------------------------------------------------------
Moody's Ratings has withdrawn all ratings for GYP Holdings III
Corp. ("GMS") including the Ba1 corporate family rating, the Ba1-PD
probability of default rating, the Ba1 backed senior secured first
lien term loan rating and the company's SGL-1 speculative grade
liquidity rating. Previously, the ratings were under review for
upgrade. The rating action follows GMS's full repayment of its
previously rated debt.
RATINGS RATIONALE
Moody's have withdrawn all of GMS's ratings following the complete
redemption of all its outstanding rated debt. On June 30, 2025, the
company announced that it had entered into a definitive agreement
to be acquired by The Home Depot, Inc., through its SRS
distribution subsidiary. The acquisition closed on September 04,
2025, and the company's rated debt was repaid in full.
GMS Inc., headquartered in Atlanta, Georgia, is a North American
distributor of wallboard, steel framing, ceiling systems and other
related building products. Revenue was around $5.5 billion for the
twelve months ended July 31, 2025.
HAMPTON ROADS: Moody's Affirms Ba2 Rating on 2007-A Class II Bonds
------------------------------------------------------------------
Moody's Ratings has affirmed the Baa3 rating on Hampton Roads PPV,
LLC (VA), Military Housing Taxable Revenue Bonds (Hampton Roads
Unaccompanied Project) 2007 Series A Class I Bonds, Ba2 rating on
2007 Series A Class II Bonds, and Ba2 on 2007 Series A Class III
Bonds. Approximately $241 million of debt affected. The outlook is
stable.
RATINGS RATIONALE
The ratings affirmations reflect Hampton Roads PPV, LLC's (the "
project") continued sustained financial performance, supported debt
service coverage ratios (DSCR) of 1.84x for Class I Bonds, 1.42x
for Class II Bonds and 1.33x for Class III Bonds. The healthy
coverage helps mitigate potential fluctuations in the Basic
Allowance for Housing (BAH), the primary source of revenue, as well
as expense pressures. Additionally, the ratings affirmation
incorporates the legal structure, including the priority of payment
to bondholders with Class I Bonds paid before Class II, and Class
II before Class III.
Although the project serves ship-based unaccompanied service
members and experiences large and frequent deployments, the average
occupancy rate remained high reaching 97% in 2024. The credit
quality, however, remains constrained by the absence of an adequate
debt service reserve fund (DSRF) to support operations during
periods of volatile performance.
RATING OUTLOOK
The outlook is stable reflecting that the project's operating
performance will remain consistent with the rating levels,
supported by projected full occupancy, current 4% BAH increase and
management's track record of cost control.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
For all three classes of bonds:
-- Notable and consistent improvements in DSCR coupled with
maintenance of high occupancy levels.
-- Cash funding or substituting the existing surety bond (rating
withdrawn) for one of superior credit quality.
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- For all three classes of bonds: Persistent or material decline
in occupancy levels or BAH rates that weaken DSCR, with Class II
Bonds and Class III Bonds considered more vulnerable due to their
subordinate lien status.
PROFILE
Hampton Roads PPV, LLC is a public-private partnership with the US
Department of Defense for military family housing in Norfolk and
Newport News, Virginia. The 50-year contract began in 2007 and
covers acquisition, development, demolition, construction,
renovation, operation, and management. At expiration in 2057, the
project returns to the DOD unless extended. The managing members
are Homeport Hampton Roads, LLC and the Department of the Navy.
METHODOLOGY
The principal methodology used in these ratings was Global Housing
Projects published in August 2024.
HARE TAYLOR: Amends Unsecured Claims Pay Details
------------------------------------------------
Hare Taylor, LLC submitted an Amended Disclosure Statement for the
Amended Plan of Reorganization dated September 5, 2025.
For many years prior to the Petition Date, the Debtor was a trusted
financial advisor and accountant for numerous local small to
mid-size businesses in the Florida panhandle. The Debtor provides
valuable and beneficial financial services to clients, including
accounting, bookkeeping, payroll & payroll tax processing,
recurring financial reporting, income tax compliance and tax
planning services.
Unfortunately, debt from acquisitions, disaster debt related to
Hurricane Michael and the COVID-19 pandemic put the Debtor in a
difficult financial situation which required the Debtor becoming
the party to operating lines of credit with certain predatory
Merchant Cash Advance Entities (the "MCAs"). The Debtor filed this
Chapter 11 Case to stop the aggressive collection efforts made by
the MCAs and to stabilize operations to allow for its continued
operation and discussions with HRB.
Class 6 consists of Allowed General Unsecured Claims. The class of
general unsecured claims shall receive be paid approximately 57% of
their claims as filed or scheduled on the Debtor’s Scheduled plus
3.75% interest. Annual Payments shall commence on April 30, 2026,
in the amount of $2,971.23 and shall be made pro-rata. Subsequent
payments of $4,500.00 shall be made on April 30, 2027 and then
annual payments of $26,766.23 shall be made on April 30, 2028,
April 30, 2029, April 30, 2030, April 30, 2031, and April 30, 2032.
The total claims of each general unsecured creditor in Class 6 are:
Capital One, N.A. by AIS InfoSource LP, as Agent (Claim No. 2:
$25,071.44); American Express National Bank (Claim No. 4:
$64,975.14 & Claim No. 5: $62,251.39); Cell Co Partnership d/b/a
Verizon Wireless (Claim No. 6: $6,051.04); Regency CSP IV LLC
(Claim No. 7: $30,700); Accel Advertising (Scheduled: $14,400); DFS
(Scheduled: $905.04); Everbank (Scheduled: $201.58); High Wire
Networks (Scheduled $1,827.90); Iron Mountain (Scheduled
$1,124.56); The Print Shop (Scheduled: $352.30); and Thomas Reuters
(Scheduled $941.11).
The Reorganized Debtor, as a professional service firm specializing
in tax and accounting services, will continue to generate revenue
through its ongoing operations. The firm will leverage its
expertise and client base to maximize value and ensure a steady
stream of income. This revenue will be a primary source of funding
for the Plan. Notwithstanding, upon the closing of the Sale
Transaction to H&R Block, the Reorganized Debtor will strategically
pivot its operations to solely operate from its Panama City,
Florida location and provide accounting services regulated by the
Florida Department of Business and Professional Regulation Board of
Accountancy.
The clientele to which these services are provided is substantially
different from those the Debtor served under the H&R Block brand.
The firm has always serviced these clients outside of the H&R Block
brand as well as its computer systems. The Debtor has maintained a
separate brand and computer systems and expended in excess of
$75,000 annually in technology costs alone to maintain and provide
services for these clients. This strategic realignment is designed
to leverage the Reorganized Debtor's expertise in accounting, tax
compliance, tax planning and strategic business matters, ensuring a
robust and sustainable business model moving forward.
The Reorganized Debtor will utilize its existing cash reserves to
support the initial phases of the Plan. These reserves have been
strategically maintained to provide liquidity and financial
stability during the reorganization process. Income generated from
the continued operation of the Reorganized Debtor's business will
contribute significantly to the funding of the Plan.
A full-text copy of the Amended Disclosure Statement dated
September 5, 2025 is available at https://urlcurt.com/u?l=WatcE5
from PacerMonitor.com at no charge.
Hare Taylor, LLC is represented by:
Brian G. Rich, Esq.
Berger Singerman LLP
313 North Monroe Street, Suite 301
Tallahassee, FL 32301
Telephone: (850) 561-3010
Facsimile: (850) 561-3013
Email: brich@bergersingerman.com
About Hare Taylor
Hare Taylor, LLC, is a full-service accounting firm with offices in
Panama City and Chipley, Fla. It offers a broad range of services
for business owners, executives, and independent professionals.
Hare Taylor filed Chapter 11 petition (Bankr. N.D. Fla. Case No.
24-50181) on Dec. 6, 2024, with up to $10 million in both assets
and liabilities. Gerald W. Taylor, manager of Hare Taylor, signed
the petition.
Judge Karen K. Specie oversees the case.
Brian G. Rich, Esq., at Berger Singerman, LLP, serves as the
Debtor's legal counsel.
HARMONY WELLNESS: Hires Allen Vellone Wolf as Legal Counsel
-----------------------------------------------------------
Harmony Wellness, Inc. dba Harmony Skin and Wellness Clinic seeks
approval from the U.S. Bankruptcy Court for the District of
Colorado to hire Allen Vellone Wolf Helfrich & Factor P.C. to serve
as legal counsel in its Chapter 11 case.
The firm will provide these services:
(a) handle all matters concerning the administration of the
estate; and
(b) represent the Debtor in connection with, among other things,
legal advice concerning the general administration of the Estate,
confirmation of any proposed plan of reorganization and disclosure
statement approval, contested and adversary matters that arise in
this case, investigation and litigation of any avoidance or other
action the Estate may have, and other legal services for the Debtor
related to or arising out of contested matters in this bankruptcy
case.
As of the date of the application, lead attorney Jeffrey A.
Weinman's hourly rate is $650, partners' hourly rates are $475 to
$725, associates' hourly rates are $350 to $450, and paralegals'
hourly rates are $195 to $250. The firm has received a $39,000
retainer.
Allen Vellone Wolf Helfrich & Factor 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:
Jeffrey A. Weinman, Esq.
Katharine S. Sender, Esq.
ALLEN VELLONE WOLF HELFRICH & FACTOR P.C.
1600 Stout Street, Suite 1900
Denver, CO 80202
Telephone: (303) 534-4499
E-mail: JWeinman@allen-vellone.com
KSender@allen-vellone.com
About Harmony Wellness
Harmony Wellness, Inc. filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D. Colo. Case No.
25-15682) on September 4, 2025, with $100,001 to $500,000 in assets
and $500,001 to $1 million in liabilities.
Judge Kimberley H. Tyson presides over the case.
Jeffrey Weinman, Esq., at Allen Vellone Wolf Helfrich & Factor P.C.
represents the Debtor as legal counsel.
HASSAKE ENTERPRISES: Case Summary & Four Unsecured Creditors
------------------------------------------------------------
Debtor: Hassake Enterprises Inc.
13666 Victory Boulevard
Van Nuys, CA 91401
Chapter 11 Petition Date: September 12, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-11697
Judge: Hon. Victoria S Kaufman
Debtor's Counsel: Stella Havkin, Esq.
STELLA HAVKIN
21650 Oxnard Street, Suite 1540
Woodland Hills, CA 91367
Email: shavkinesq@gmail.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Nadia Masoudi as president.
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/VU3LI6I/Hassake_Enterprises_Inc__cacbke-25-11697__0001.0.pdf?mcid=tGE4TAMA
HAWAIIAN ELECTRIC: Moody's Rates New $400MM Unsecured Notes 'Ba2'
-----------------------------------------------------------------
Moody's Ratings assigned a Ba2 rating to Hawaiian Electric Company,
Inc.'s (HECO) proposed $400 million senior unsecured notes due
2033. This issuance does not impact the existing ratings of HECO
(Ba2 Issuer rating) or its parent, Hawaiian Electric Industries,
Inc. (HEI, Ba3 CFR). The outlooks of both HECO and HEI are
positive.
RATINGS RATIONALE
HECO's credit profile is primarily driven by its exposure to
massive litigation stemming from the 2023 Lahaina wildfire. With
the involvement and cooperation of state and local stakeholders,
including the efforts of Governor Josh Green, HEI and HECO have
made substantial progress in resolving the claims filed by wildfire
victims.
In particular, key defendants in the wildfire litigation, including
HEI, HECO and the State of Hawaii, have reached a global settlement
that provides $4 billion in compensation to affected parties. HEI
and HECO's contribution is estimated to be just under $2 billion.
While certain administrative steps remain—such as claims
processing and verification— Moody's expects the court to grant
final approval of the settlement and, following the first
settlement payment, release HEI and HECO from the pending lawsuits
in the first quarter of 2026.
HEI should have adequate financial resources to fund its settlement
obligations, which will occur over four years. The company has set
aside $479 million in a special purpose vehicle to pay the first of
four $479 million annual installments due in early 2026, thirty
days after court approval of the settlement. Subsequent annual
installments from 2027 through 2029 will likely be financed to some
degree by the company.
Despite its progress in raising the funding for the initial
settlement payment, future installments will continue to weigh
heavily on HEI and HECO's balance sheets and depress credit
metrics, depending on how they are financed. Moody's projects
HECO's CFO pre-WC to debt ratio to reach approximately 15% to 16%
in 2026 and 2027 without accounting for the upcoming settlement
obligations. However, if Moody's treats upcoming settlement
installments as debt-like obligations and include them in these
calculations, the ratio would decline to around 12% at HECO.
Liquidity
HECO currently generates sufficient cash flow from operations to
cover most of its traditional maintenance capital expenditures.
External liquidity sources include $300 million of revolving credit
capacity at the holding company and $300 million at the utility.
The revolving credit facilities were renewed and upsized on
September 05, 2025. As of the end of the second quarter, the
company had a total of $281 million of undrawn availability under
its corporate revolvers—$124 million at the holding company and
$157 million at the utility.
These revolving credit facilities do not contain any rating
triggers that would affect access to the commitments and do not
require a material adverse change (MAC) representation for
borrowings. However, HEI's credit facility contains a financial
covenant requiring the company to maintain a debt-to-capitalization
ratio (on a non-consolidated basis) of less than 50%. The
requirement for HECO's revolving credit facility is to maintain at
least 35% equity at the utility. As of June 30, 2025, both HEI and
HECO were in compliance with all applicable financial covenants.
HEI's revolving credit facility expires on September 05, 2030.
HECO's revolving credit facility expires September 04, 2026, but
will automatically extend to September 05, 2030, upon approval from
the Hawaii Public Utilities Commission. On December 30, 2024, HECO
entered into a term loan credit agreement with a $50 million
commitment that matures on December 29, 2025. The term loan
facility contains financial covenants that are substantially the
same as the credit facilities.
HECO also has access to an asset-based lending (ABL) facility that
allows borrowings of up to $250 million on a revolving basis using
certain accounts receivable as collateral. As of June 30, 2025, the
total available capacity under the ABL Facility was $250 million
and it was undrawn.
HEI and HECO have no outstanding commercial paper. Upcoming debt
maturities in 2025 include $19 million (remaining portion after
April 09, 2025 tender offer paydown) of senior notes at HEI and a
$50 million short-term loan at HECO. The only debt maturity in 2026
is $125 million of revenue bonds at HECO due in May.
Rating outlook
HEI and HECO's positive outlook reflects the potential that ratings
could be upgraded once the pending settlement is finalized, there
is further progress on implementing protections to limit the
financial risk of future wildfires and there is additional clarity
on the company's plans for financing future settlement
installments.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Factors that could lead to upgrade
Moody's could take positive rating action if the court finalizes
the settlement—anticipated in early 2026—and once HECO is
granted a liability cap in accordance with the wildfire legislation
(SB 897) passed in June. Other wildfire risk mitigating measures,
including the creation of a disaster fund offering substantial
financial protection, could also support future upgrades.
Factors that could lead to downgrade
A negative rating action is possible if the settlement is not
approved and implemented, additional measures are not put in place
to financially protect the utility from future wildfires, or if HEI
or HECO experience liquidity constraints or capital markets access
issues.
LIST OF AFFECTED RATINGS
Issuer: Hawaiian Electric Company, Inc.
Assignments:
Senior Unsecured, Assigned Ba2
The principal methodology used in this rating was Regulated
Electric and Gas Utilities published in August 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
HIGH SOURCES: Plan Filing Deadline Extended to Oct. 15
------------------------------------------------------
Judge Catherine Peek McEwen of the U.S. Bankruptcy Court for the
Middle District of Florida extended High Sources Inc.'s period to
file its Disclosure Statement and Plan of Reorganization to October
15, 2025.
As shared by Troubled Company Reporter, the Debtor had no option
but to seek bankruptcy protection after Joann Fabric, which had
been paying the Debtor approximately $600,000 per month, ceased
operations and liquidated.
The Debtor and its principal Maximo Chanlatte have taken
substantial steps post-petition to secure new contracts and
increase the Debtor's gross revenues.
Presently, the Debtor has five bids for long-term contracts
pending. At least three of those contracts should be awarded by the
end of September 2025. If the Debtor's bids are successful, the
Debtor could see its gross monthly revenue increase by tens of
thousands of dollars. This increased revenue will help the Debtor
demonstrate the feasibility of the Debtor's plan of
reorganization.
The Debtor claims that it is not presently in the position to file
its disclosure statement and plan of reorganization.
The Debtor explains that although it has completed basic outlines
of both documents, the Debtor is not prepared to draft projections
demonstrating the feasibility of the plan until after it learns
whether the Debtor's bids for contracts have been accepted.
High Sources Inc. is represented by:
Buddy D. Ford, Esq.
Jonathan A. Semach, Esq.
Heather M. Reel, Esq.
FORD & SEMACH, P.A.
9301 West Hillsborough Avenue
Tampa, FL 33615-3008
Telephone: (813) 877-4669
Email: Buddy@tampaesq.com
Jonathan@tampaesq.com
Heather@tampaesq.com
About High Sources Inc.
High Sources, Inc., provides janitorial, facilities maintenance,
and construction services across multiple sectors, including
healthcare and retail. Based in Tampa, Florida, the Debtor operates
field offices in Arizona, Florida, and Texas. Founded in 2015, the
Debtor is a minority-owned business.
High Sources sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-03583) on May 30, 2025. In its
petition, the Debtor reported total assets of $1,110,080 and total
liabilities of $9,148,669.
Judge Catherine Peek Mcewen handles the case.
Buddy D. Ford, and Jonathan A. Semach, at Ford & Semach, P.A., are
the Debtor's bankruptcy attorneys.
HOMES NOW: Hires Premier Properties as Real Estate Broker
---------------------------------------------------------
Homes Now LLC seeks approval from the U.S. Bankruptcy Court for the
Eastern District of Texas to hire Kris Goggans of Premier
Properties Group to serve as real estate broker in its Chapter 11
case.
The Debtor owns these properties in Texas:
7 Amity Lane, Rockwall
2206 Ashmont Ct., Missouri City
3321 Castle Dr., Rowlett
22355 Dominguez Dr., Porter
909 Westgate Dr., Farmersville
1702 Biggs Terrace, Arlington
14207 Cypress Laurel Ct., Conroe
1123 Whispering Glen, Rockwall
2409 Homestead, Mesquite
Premier Properties will provide these services:
(a) advertise the Properties at the Broker's expense;
(b) show the Properties to interested parties;
(c) represent the Debtor and the bankruptcy estate as seller in
connection with the sale of the Properties;
(d) advise the Debtor with respect to obtaining the highest and
best offers available in the present market for the Properties;
(e) procure and submit to the Debtor offers to purchase the
Properties.
Mr. Goggans will receive a three percent commission on the purchase
price of the Property.
Premier Properties Group is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
Mr. Goggans can be reached at:
Kris Goggans
PREMIER PROPERTIES GROUP
102 N. San Jacinto St.
Rockwall, TX 75087
About Homes Now LLC
Homes Now LLC operates as a lessor of real estate, engaging in the
rental and leasing of residential, commercial, and industrial
properties.
Homes Now LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D. Tex.Case No. 25-41516) on May 29, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
The Debtors are represented by John Paul Stanford, Esq. at
QUILLING, SELANDER, LOWNDS, WINSLETT & MOSER, P.C.
HOVNANIAN ENTERPRISES: Moody's Affirms 'B2' CFR, Outlook Stable
---------------------------------------------------------------
Moody's Ratings affirmed Hovnanian Enterprises, Inc.'s (K.
Hovnanian, collectively Hovnanian) B2 corporate family rating,
B2-PD probability of default rating and the B2 backed senior
secured notes rating. At the same time, Moody's assigned a B3
rating to K. Hovnanian's proposed $440 million backed senior
unsecured notes due 2031 and $440 million backed senior unsecured
notes due 2033 and upgraded to B3 from Caa1 the existing backed $25
million senior unsecured notes due 2040. Moody's also upgraded
Hovnanian Enterprises' preferred stock rating to Caa1 from Caa2.
The SGL-3 Speculative Grade Liquidity Rating remains unchanged. The
outlook remains stable.
K. Hovnanian is a wholly-owned subsidiary of Hovnanian
Enterprises.
Moody's expects the terms and conditions of the proposed senior
unsecured notes will be similar to K. Hovnanian's existing rated
senior unsecured notes. The unsecured notes will be pari passu to
each other.
Proceeds from the proposed senior unsecured notes and cash on hand
will be used to fully redeem K. Hovnanian's existing $175 million
senior secured 1.75 lien term loan due 2028 (unrated), $225 million
senior secured 1.125 lien notes due 2028 and $430 million 1.250
lien notes due 2029 and to pay related transactions fees in
essentially a leverage-neutral transaction. Upon closing and
repayment of the senior secured notes, the B2 rating on both of the
senior secured notes will be withdrawn.
The transaction reduces Hovnanian's refinancing risk and extends
its maturity profile, which is credit positive. The company's debt
structure is simplified and almost totally unsecured, with the
exception of nonrecourse mortgages secured by inventory ($54
million as of July 31, 2025) and the $125 million senior secured
revolving credit facility due 2028 (unrated). While the transaction
could result in estimated annual interest savings of about $10
million, this amount is modest relative to projected interest
expense of about $125 million in fiscal-year 2026, ending October
31, 2026.
The upgrades of K. Hovnanian's senior unsecured notes to B3 and
Hovnanian Enterprises' preferred stock to Caa1 result from the
payoff of $830 million in secured debt, removing a significant
amount of secured obligations with a higher priority of payment and
warranting the one notch upgrades.
RATINGS RATIONALE
Hovnanian's B2 CFR remains constrained by the company's high
leverage and low interest coverage because of ongoing economic
uncertainties and weak consumer confidence that is negatively
impacting domestic residential homebuilding. Moody's forecasts 52%
debt/book capitalization and 1.5x EBIT/interest expense as of
fiscal year-end 2026 (October 31, 2026). Moody's anticipates a
continued decline in pricing power for homebuilders in 2025 and
beyond, necessitating the use of incentives to boost sales and
resulting in more modest gross margins. Moody's projects gross
margin at around 16% by late fiscal-year 2026, which is the lowest
level since fiscal year-end 2018. Significant improvement in
operating performance and volume growth are critical for leverage
reduction.
No near-term maturities and the ability to generate cash are
Hovnanian's credit strengths. Moody's projects $265 million of free
cash flow (FCF) in fiscal-year 2025 but slightly negative FCF the
following fiscal year as the company invests in more land lots. 86%
of Hovnanian's total lots are controlled through option contracts,
enhancing operational and financial flexibility. The company offers
homes across the economic spectrum of potential buyers throughout
different regions of the country, giving it diversified sources of
revenue. Long-term fundamentals of the US housing market remain
solid.
Hovnanian's Speculative-Grade Liquidity (SGL) rating of SGL-3
reflects the company's adequate liquidity over the next 12-18
months, constrained by the company's $125 million senior secured
revolving credit facility. Despite Hovnanian having full access,
Moody's views the amount of revolver availability as modest
relative to interest expense. In addition, non-banks, with a
concentrated commitment by affiliates of Apollo Management, L.P.,
provide the revolving credit facility.
The stable outlook reflects Moody's views that leverage will remain
below 60% debt/book capitalization over the next 18 months. No
near-term maturities and long-term fundamentals of the US
homebuilding industry further support the stable outlook.
The B3 senior unsecured notes rating, one notch below the B2 CFR,
results from the subordination of the notes to the company's
secured debt.
The Caa1 preferred stock rating, two notches below the B2 CFR, is
the most junior commitment within Hovanian's debt structure,
resulting in first-loss absorption.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
A ratings upgrade could occur if end markets remain supportive of
long-term organic growth such that debt/book capitalization is
sustained below 50% and EBIT/interest remains above 3x. Maintenance
of a simplified capital structure and improvement in liquidity
would also support an upgrade.
A ratings downgrade could occur if debt/book capitalization stays
above 60% and EBIT/interest is sustained below 2x. Negative ratings
pressure may develop if the company experiences deteriorating
liquidity or adopts an increasingly aggressive shareholder-return
initiatives.
Hovnanian (NYSE: HOV), headquartered in Matawan, New Jersey, is a
national homebuilder, with 124 communities across 13 states. Its
revenue for the 12 months ended July 31, 2025 was $3.1 billion.
The principal methodology used in these ratings was Homebuilding
And Property Development published in October 2022.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
HPC VINEBURN: Hires Snell & Wilmer as General Bankruptcy Counsel
----------------------------------------------------------------
HPC Vineburn, LLC seeks approval from the U.S. Bankruptcy Court for
the Central District of California, San Fernando Valley Division,
to hire the Law Offices of Snell & Wilmer L.L.P. to serve as its
general bankruptcy counsel in its Chapter 11 case.
Snell & Wilmer will provide these services:
(a) advise the Debtor on the requirements of the Bankruptcy Code,
Federal Rules of Bankruptcy Procedure, Local Bankruptcy Rules, and
U.S. Trustee guidelines;
(b) represent the Debtor in matters involving the use, sale, or
disposition of estate assets and in court
proceedings and negotiations with creditors;
(c) prepare and file motions, pleadings, briefs, disclosure
statements, and plans of reorganization or liquidation; and
(d) assist in protecting the estate, including prosecuting and
defending litigation, objecting to claims, and pursuing potential
causes of action.
Michael B. Reynolds will charge a capped hourly rate of $1,000,
while Andrew B. Still and Allison C. Murray will charge discounted
hourly rates of $675 and $513, respectively.
The firm received a $150,000 retainer funded by Illinois Union
Insurance Company, with $43,291.80 applied to prepetition work,
leaving a $106,708.20 balance.
The firm states it represents only the Debtor and is a
"disinterested person" within the meaning of the Bankruptcy Code.
The firm can be reached at:
Michael B. Reynolds, Esq.
SNELL & WILMER L.L.P.
600 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626-7689
Telephone: (714) 427-7000
E-mail: mreynolds@swlaw.com
About HPC Vineburn LLC
HPC Vineburn LLC is a single asset real estate entity as defined
under 11 U.S.C. Section 101(51B), with its principal assets located
at 1919 Vineburn Avenue in Los Angeles, California. The Company's
operations focus primarily on managing and holding this real estate
asset.
HPC Vineburn LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11455) on August 8,
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 Martin R. Barash handles the case.
The Debtor is represented by Michael B. Reynolds, Esq. at SNELL &
WILMER L.L.P.
HYPERSCALE DATA: Ault & Company, 4 Affiliates Hold 82.21% Stake
---------------------------------------------------------------
Ault & Company, Inc., Milton C. Ault Iii, William B. Horne, Henry
C.W. Nisser, and Kenneth S. Cragun disclosed in a Schedule 13D
(Amendment No. 10) filed with the U.S. Securities and Exchange
Commission that, as of September 2, 2025, they collectively
beneficially own 131,446,273 shares of Hyperscale Data, Inc.'s
Class A Common Stock (CUSIP: 09175M804), representing approximately
82.21% of the outstanding Class A common shares.
The beneficial ownership includes:
* Ault & Company, Inc.: 131,446,273 Class A shares, consisting
of:
(i) 19,249 Class A shares,
(ii) 4,234,561 Class A shares issuable upon conversion of
4,234,561 Class B shares,
(iii) 119,196,615 Class A shares issuable upon conversion
of 50,000 shares of Series C Convertible Preferred Stock,
(iv) 2,288,575 Class A shares issuable upon conversion of
960 shares of Series G Convertible Preferred Stock,
(v) 5,068,221 Class A shares issuable upon conversion of
4,000 shares of Series H Convertible Preferred Stock, and
(vi) 639,052 Class A shares issuable upon exercise of
outstanding warrants.
* Milton C. Ault, III: 131,449,069 Class A shares, including
his personal holdings and shares owned through Ault & Company,
representing 82.22% of the outstanding Class A stock.
* William B. Horne: Beneficially owns one Class A share.
* Henry C.W. Nisser: Beneficially owns three Class A shares.
* Kenneth S. Cragun: Reports no beneficial ownership.
As of September 4, 2025, Hyperscale Data, Inc. reported 28,454,714
Class A shares outstanding.
Ault & Company, Inc. may be reached through:
Milton C. Ault III
c/o Ault & Company, Inc.
11411 Southern Highlands Parkway, Suite 330
Las Vegas, NV 89141
Phone: 949-444-5464
A full-text copy of Milton C. Ault III's SEC report is available
at: https://tinyurl.com/yc8f633t
About Hyperscale Data
Headquartered in Las Vegas, Nevada, Hyperscale Data, Inc., formerly
known as Ault Alliance, Inc., is transitioning from a diversified
holding company pursuing growth by acquiring undervalued businesses
and disruptive technologies with a global impact to becoming solely
an owner and operator of data centers to support high performance
computing services. Through its wholly and majority-owned
subsidiaries and strategic investments, Hyperscale Data owns and
operates a data center at which it mines digital assets and offers
colocation and hosting services for the emerging artificial
intelligence ecosystems and other industries. It also provides,
through its wholly owned subsidiary, Ault Capital Group, Inc.,
mission-critical products that support a diverse range of
industries, including an artificial intelligence software platform,
social gaming platform, equipment rental services,
defense/aerospace, industrial, automotive, medical/biopharma and
hotel operations. In addition, Hyperscale Data is actively engaged
in private credit and structured finance through a licensed lending
subsidiary.
New York, N.Y.-based Marcum LLP, the Company's auditor since 2016,
issued a "going concern" qualification in its report dated April
15, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended Dec. 31, 2024, citing that the Company has a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
As of June 30, 2025, the Company had $213.50 million in total
assets, $205.60 million in total liabilities, and $7.90 million in
total stockholders' equity.
IMSTEM BIOTECHNOLOGY: Taps Shatz Schwartz as Legal Counsel
----------------------------------------------------------
ImStem Biotechnology, Inc. seeks approval from the U.S. Bankruptcy
Court for the District of Connecticut to hire Andrea M. O'Connor of
Shatz, Schwartz & Fentin, P.C. to serve as legal counsel in its
Chapter 11 case.
Ms. O'Connor and her firm will provide these services:
(a) provide legal advice with respect to the powers, rights,
and duties of the Debtor in the continued management and operation
of its business;
(b) provide legal advice and consultation related to the legal
and administrative requirements of operating this Chapter 11
bankruptcy case;
(c) take all necessary actions to protect and preserve the
Debtor's Estate;
(d) prepare on behalf of the Debtor any necessary pleadings;
(e) represent the Debtor's interests at the Initial Debtor
Interview, the Meeting of Creditors, and at any other hearing
scheduled before the Court related to the Debtor;
(f) assist and advise the Debtor in the formulation,
negotiation, and implementation of a Chapter 11 Plan and all
documents related thereto;
(g) assist and advise the Debtor with respect to negotiation,
documentation, implementation, consummation, and closing of
corporate transactions;
(h) assist and advise the Debtor with respect to the use of
cash and obtaining Debtor-in-Possession or exit financing and
negotiating, drafting, and seeking approval of any documents
related thereto;
(i) review and analyze all claims filed against the Debtor's
Bankruptcy Estate and advise and represent the Debtor in connection
with the possible prosecution of objections to claims;
(j) assist and advise the Debtor concerning any executory
contract and unexpired leases;
(k) coordinate with the Subchapter V Trustee and other
professionals employed in the case to rehabilitate the Debtor's
affairs; and
(l) perform all other bankruptcy-related legal services for
the Debtor that may be or become necessary during the
administration of this case.
The firm's hourly rates are:
attorneys range from $225 to $530;
paralegals from $195 to $245; and
law clerks at $175.
Shatz, Schwartz & Fentin, 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:
Andrea M. O'Connor, Esq.
SHATZ, SCHWARTZ & FENTIN, P.C.
1441 Main Street, Suite 1100
Springfield, MA 01103
Telephone: (413) 737-1131
E-mail: aoconnor@ssfpc.com
About IMSTEM Biotechnology, Inc.
IMSTEM Biotechnology, Inc. sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Conn. Case No. 25-20929) on
September 4, 2025. In the petition signed by Dr. Xiaofang Wang,
chief technology officer and vice president, the Debtor disclosed
up to $500,000 in assets and up to $10 million in liabilities.
Judge James J. Tancredi oversees the case.
Andrea M. O'Connor, Esq., at Shatz, Schwartz and Fentin, P.C.,
represents the Debtor as legal counsel.
INFINITE GLOW: Unsecureds to Recover 1.5% via Quarterly Payments
----------------------------------------------------------------
Infinite Glow, LLC filed with the U.S. Bankruptcy Court for the
Northern District of California a Combined Second Amended Plan of
Reorganization and Disclosure Statement dated September 5, 2025.
The Debtor owns and operates an 18-unit apartment building located
at 2912 14th Ave., Oakland, CA 94606.
It acquired the property in 2018. It rents apartments to tenants
and rents storage spaces. The building is encumbered by a senior
deed of trust held by JPMorgan Chase Bank, N.A.
The two members of the Debtor are Mukanda Singhal and Tara Singhal,
each with a 50%-member interest. The Singhals managed the company
prior to the bankruptcy filing. They will continue to do so after
the plan is confirmed.
The time line of the events leading to the filing of this
bankruptcy case began in March 2020 with the Covid pandemic and the
County of Alameda and the City of Oakland enacting health emergency
ordinances, enacting eviction and rent moratoriums ("moratoriums").
These moratoriums lasted for over three and half years. These
moratoriums caused the Debtor to suffer severe financial hardship.
Class 2 includes all general unsecured creditors with claims
estimated to amount to $1,217,019.00. The estimated percentage to
members of this class is 1.5%. Creditors holding undisputed claims
shall be paid over time in quarterly payments starting with the 3rd
quarter (month 7 to 9 following the Plan's Effective Date) with the
first payment in Month 9 and being paid quarterly through the
quarter ending month 54 following the Plan's Effective Date.
Class 2(a) General Unsecured Claims.
* Cody Williams prepetition suit for negligence, breach of
contract, warranty of habitability and quiet enjoyment, etc.
Claimant will be paid solely by Debtor's insurance carrier with the
sum to be based on either a negotiated amount or a judgment in the
court where the action is pending. A judgment or agreed settlement
will be paid by Debtor's insurance carrier and not the estate. The
Debtor reserves all defenses of all kinds.
* Gregory Patten prepetition suit for negligence, breach of
contract, warranty of habitability and quiet enjoyment, etc.
Debtor's carrier has assumed liability for defense and payment.
Claimant will be paid by Debtor's insurance carrier with the sum to
be based on either a negotiated amount or a judgment in the court
where the action is pending. A judgment or agreed settlement will
be paid by Debtor's insurance carrier and not the estate. Creditor
is not impaired. The Debtor reserves all defenses of all kinds.
* Tanika Rideau prepetition suit against Debtor for
negligence, breach of contract, warranty of habitability and quiet
enjoyment, etc. A judgment or agreed settlement will be paid by
Debtor's insurance carrier and not the estate. Creditor is not
impaired. The Debtor reserves all defenses of all kinds. Debtor
will object to this claim within 30 days after the Effective Date
of the Plan and will therefor not excrow payments to this creditor
into the reserve account.
* Jeremy Ajaebo prepetition suit against Debtor for
negligence, breach of contract, warranty of habitability and quiet
enjoyment, etc. A judgment or agreed settlement will be paid by
Debtor's insurance carrier and not the estate. Creditor is not
impaired. The Debtor reserves all defenses of all kinds. Debtor
will object to this claim within 30 days after the Effective Date
of the Plan and will therefor not excrow payments to this creditor
into the reserve account.
* East Bay Muncipal Utility District. Paid as indicated at
beginning of this section e.g. a pro rata share of $21,000 with the
likely dividend to be 1.5%, paid in quarterly installments
beginning in month 9 following the Effective Date and through month
54.
* Hummingbird Cleaning Services. Paid as indicated at
beginning of this section e.g. a pro rata share of $21,000 with the
likely dividend to be 1.5%, paid in quarterly installments
beginning in month 9 following the Effective Date and through month
54.
* Longway Pest Control. Paid as indicated at beginning of this
section e.g. a pro rata share of $21,000 with the likely dividend
to be 1.5%, paid in quarterly installments beginning in month 9
following the Effective Date and through month 54.
* PG&E. Month 1 paid in full. Paid as indicated at beginning
of this section e.g. a pro rata share of $21,000 with the likely
dividend to be 1.5%, paid in quarterly installments beginning in
month 9 following the Effective Date and through month 54.
* Waste Management. Paid as indicated at beginning of this
section e.g. a pro rata share of $21,000 with the likely dividend
to be 1.5%, paid in quarterly installments beginning in month 9
following the Effective Date and through month 54.
* City of Oakland unsecured nonpriority claim. Paid as
indicated at beginning of this section e.g. a pro rata share of
$21,000 with the likely dividend to be 1.5%, paid in quarterly
installments beginning in month 9 following the Effective Date and
through month 54. As the claim is disputed, the monthly payment
shall be placed in the reserve account pending the Debtor's
objection to this Proof of claim with the objection to be filed
prior to the Effective Date.
On the Effective Date, all property of the estate and interests of
the Debtor will vest in the reorganized Debtor pursuant to Section
1141(b) of the Bankruptcy Code free and clear of all claims and
interests except as provided in this Plan.
Except as provided in Part 6(d) and (e), the obligations to
creditors that Debtor undertakes in the confirmed Plan replace
those obligations to creditors that existed prior to the Effective
Date of the Plan.
Tara Singhal will contribute funds to the Plan for payments to
Chase Bank and for Alameda County. Pending the conclusion of
litigation against the County, Mr. Tara Singhal will deposit the
sum of $537,800.71 in Mr. Frandsen's trust account with said funds
to be used to pay the County in the event the County were to
prevail in the litigation.
With the chapter 11 filing and the stabilization it has brought,
Mr. Tara Singhal is now willing to infuse monies into the Debtor
for its reorganization.
The Debtor has rented out additional apartment units. The Debtor
intends to continue its lawsuit against Chase after the Debtor
obtains a reversal of the referee's ruling on the demurrer. The
Debtor can reorganize and can make plan payments.
A full-text copy of the Combined Second Amended Plan and Disclosure
Statement dated September 5, 2025 is available at
https://urlcurt.com/u?l=D0cGZa from PacerMonitor.com at no charge.
About Infinite Glow, LLC
Infinite Glow, LLC has an equitable interest in the property
situated at 2912 14th Ave., Oakland, Calif., which is valued at
$4.7 million.
Infinite Glow filed Chapter 11 petition (Bankr. N.D. Cal. Case No.
25-50253) on February 27, 2025, listing between $1 million and $10
million in both assets and liabilities.
Judge Stephen L. Johnson handles the case.
The Debtor is represented by:
Steven Robert Fox, Esq.
Law Offices of Steven R. Fox
Tel: (818) 774-3545
Email: emails@foxlaw.com
INGEVITY CORP: Moody's Alters Outlook on 'Ba2' CFR to Stable
------------------------------------------------------------
Moody's Ratings affirmed Ingevity Corporation's Ba2 corporate
family rating, Ba2-PD Probability of Default Rating and the Ba3
rating on its senior unsecured notes. Ingevity's speculative grade
liquidity rating ("SGL") remains unchanged at SGL-2, but the
outlook was revised to stable from negative.
RATINGS RATIONALE
The revision of Ingevity's rating outlook to stable from negative
reflects the following: (1) Significant progress in restructuring
its Performance Chemicals business through plant closures,
high-cost crude tall oil (CTO) purchase contract termination, and
additional cost reduction actions. (2) Prioritization of debt
reduction, mainly revolver paydown, through free cash flow
generated this year. (3) Potential for additional deleveraging
through the recently announced sale of the majority of its
Industrial Specialties product line and the North Charleston CTO
refinery, which will generate after-tax proceeds of around $110
million, with the sale expected to close early 2026. Ingevity is
also conducting additional strategic review outside of the
Performance Chemicals segment, which could result in further asset
sales. (4) Continued strong performance in its high-margin
Performance Materials segment.
Ingevity's rating is supported by the company's leading market
position in activated carbon systems for gasoline vapor control,
adoption of increasingly stringent auto vapor emissions standards,
consistent free cash flow generation, and management's recent
prioritization of debt reduction following a period of weak
earnings. The rating is constrained by the volatility of earnings
associated with its Performance Chemicals business, although it
should improve following the announced sale of its Industrial
Specialties product line. Additionally, the rating is also
constrained by modest business scale, and potential for
acquisitions and/or shareholder returns.
While leverage is currently elevated for the rating following a
sizable drop in its Performance Chemicals EBITDA and resulting
weakening of its credit metrics in 2023 and 2024, they are expected
to improve over the next few months. Moody's expects Ingevity's
leverage to return to levels commensurate with the Ba2 CFR by
year-end, proforma for the announced asset sale transaction and
assuming that the proceeds are utilized for debt reduction, with
further improvement in 2026.
Ingevity's SGL-2 rating is supported by $77 million of balance
sheet cash, $400 million of availability under its revolving credit
facility as of June 30, 2025, along with Moody's expectations for
positive free cash flow generation in 2025. Its $1 billion
revolving credit facility (unrated), which had an outstanding
balance of $591 million at June 30, 2025, will mature in June 2027.
The revolving credit facility has two financial covenants--a
maximum total net leverage ratio covenant of 4.0x (up to 4.5x
allowed after permitted acquisition) and a minimum interest
coverage covenant of 3.0x. Moody's expects the company to remain in
compliance with these covenants over the next 12-18 months.
Ingevity's stable outlook reflects Moody's expectations that credit
metrics will return to levels commensurate with the current rating
by year-end, proforma for the announced asset sale, and assuming
proceeds are applied towards deleveraging.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could consider an upgrade following demonstration of the
company's commitment to a conservative financial policy. The
company would need to increase its business scale and
diversification, maintain strong credit metrics, with debt/EBITDA
below 3.0x and RCF/Debt over 20%, for a sustained period.
Moody's could consider a downgrade, if the company's performance
deteriorates or it undertakes any action that would materially
increase balance sheet debt such that its Debt/EBITDA ratio rises
above 3.5x and RCF/Debt declines to mid-teens for a sustained
period of time.
Headquartered in North Charleston, SC, Ingevity Corporation is a
manufacturer of high performance carbon materials (Performance
Materials segment) that are used in gasoline vapor emission control
systems for fuel tanks, as well as for the purification of water,
food, beverages and chemicals. It is also a global manufacturer of
natural based chemicals (Performance Chemicals segment) used in
pavement technologies and other industrial applications and
caprolactone based engineered polymers (Advanced Polymer
Technologies) used in plastics, coatings and adhesives. For the LTM
period ending June 30, 2025, the company generated revenues of $1.3
billion.
The principal methodology used in these ratings was Chemicals
published in October 2023.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
JACKSONVILLE MOVING: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Jacksonville Division granted Jacksonville Moving, Inc. interim
approval to use cash collateral.
The interim order signed by Judge Jacob Brown authorized the
company to use cash collateral to pay the amounts expressly
authorized by the court, including payments to the Subchapter V
trustee; the expenses set forth in the revised budget, plus an
amount not to exceed 10% for each line item; and additional amounts
subject to approval by secured creditor, Dogwood State Bank.
The revised budget reflects a reduction in the biweekly salary for
officers from $4,800 to $4,230.77.
As adequate protection, each creditor with a security interest in
cash collateral will have a perfected post-petition lien on the
cash collateral, with the same validity, priority and extent as its
pre-bankruptcy lien.
In addition, the Debtor was ordered to keep its property insured in
accordance with its loan and security agreements with Dogwood State
Bank.
The next hearing is set for September 29.
Dogwood State Bank, as secured creditor, is represented by:
Eric F. Werrenrath, Esq.
Winderweedle, Haines, Ward & Woodman, PA
329 Park Avenue North, Second Floor
Winter Park, FL 32789
Telephone: (407) 423-4246
Facsimile: (407) 645-3728
ewerrenrath@whww.com
hcrain@whww.com
About Jacksonville Moving Inc.
Jacksonville Moving Inc., doing business as College Hunks Hauling
Junk & Moving, provides professional moving services and junk
removal solutions in the Duval County area.
Jacksonville Moving sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02952) on
August 26, 2025. In its petition, the Debtor reported estimated
assets between $500,000 and $1 million and estimated liabilities
between $1 million and $10 million.
Judge Jacob A. Brown oversees the case.
The Debtor is represented by Michael A. Stavros, Esq., at Jennis
Morse.
JENNIFER M. LENNEMANN: Deed of Trust Sale Invalid, Court Holds
--------------------------------------------------------------
Judge Brian S. Kruse of the United States Bankruptcy Court for the
District of Nebraska held that a deed of trust sale in the
bankruptcy case of Jennifer M. Lennemann is enjoined because it is
based on a prepetition default under loan documents restructured
under the debtor's confirmed Chapter 11 plan.
Lennemann's debts are secured by deeds of trust against multiple
parcels of real estate. In late 2023, after the debtor defaulted on
loan payments, Exchange Bank filed and served notices of default
under the Nebraska Trust Deeds Act, Neb. Rev. Stat. Sec. 76-1001 et
seq.
The debtor filed her Chapter 11 case in January 2024. She confirmed
a Chapter 11 plan on Nov. 14, 2024. According to the plan, the plan
modifies, supersedes, and replaces the debtor's obligations to the
bank. The plan requires the debtor make payments to the bank and
timely pay all real estate taxes.
The debtor did not timely pay the real estate taxes. On May 5,
2025, the bank sent a letter to the debtor and her counsel
notifying them the debtor defaulted under the plan. Under the plan,
the debtor had until June 4, 2025, to cure the default. The debtor
paid all real estate taxes on June 10 and June 16, 2025, after the
30 days expired. Nevertheless, the bank pressed on with its
pre-petition deed of trust sale process. The bank did not file a
new notice of default under section 76-1006. Rather, on June 28,
2025, after the defaults were cured, it resumed publication of its
notice of sale with a sale date of Aug. 19, 2025.
The bank asserts Nebraska law does not require a creditor file a
second notice of default if the originally noticed default remains
uncured. It argues the plan merely stayed enforcement of its
pre-petition deed of trust foreclosure as long as the debtor met
all plan obligations to the bank. The debtor's argument ignores the
nature of a confirmed Chapter 11 plan. The pre-petition default no
longer exists. The confirmed plan did not merely stay enforcement
of the pre-petition foreclosure. The confirmed plan modified the
debtor's obligation to the bank, including the terms of repayment.
The plan also modified the bank's pre-petition lien rights.
According to the Judge Kruse, "Because the bank could not enforce
its pre-petition default, it could not rely upon the pre-petition
notice of default under the Nebraska Trust Deeds Act. The bank was
required to file a new notice of default setting forth a breach of
the debtor's modified obligations to the bank, identifying the
basis for the post-confirmation default -- the failure to pay real
estate taxes."
A copy of the Court's Order dated September 5, 2025, is available
at https://urlcurt.com/u?l=2LSRXE from PacerMonitor.com.
Jennifer M. Lennemann filed for Chapter 11 bankruptcy protection
(Bankr. D. Neb. Case No. 24-40046) on January 23, 2024, listing
under $1 million in both assets and liabilities. The Debtor is
represented by Patrick Turner, Esq.
JONES DESLAURIERS: Moody's Rates New New Unsecured Notes 'Caa2'
---------------------------------------------------------------
Moody's Ratings has affirmed the B2 backed senior secured
first-lien bank credit facilities and backed senior secured notes
ratings and the Caa2 senior unsecured notes ratings of Jones
DesLauriers Insurance Management Inc. (Jones DesLauriers), a wholly
owned subsidiary of Navacord Intermediate Holdings Inc. (together
with its subsidiaries, Navacord), a leading Canadian insurance
broker. Moody's also assigned a Caa2 rating to Jones DesLauriers'
new USD400 million eight-year backed senior unsecured notes and
CAD200 million eight-year backed senior unsecured notes. Navacord
plans to use net proceeds from the offering to refinance its
existing senior unsecured notes due in 2030, for general corporate
purposes, including to help fund acquisitions, and to pay related
fees and expenses.
At the same time, Moody's assigned a B3 corporate family rating
(CFR) and B3-PD probability of default rating (PDR) to Navacord
Intermediate Holdings Inc., the parent guarantor and the issuer of
its audited financial statements. For administrative purposes,
Moody's withdrew the existing B3 CFR and B3-PD PDR from Navacord
Corp. The outlook for Navacord Corp. has been withdrawn.
Previously, the outlook was stable. The rating outlook for Navacord
Intermediate Holdings Inc. and Jones DesLauriers is stable.
RATINGS RATIONALE
Navacord's ratings reflect its growing and leading market presence
in the insurance brokerage sector in Canada, generally serving
middle market clients. The company has a good mix of business
across commercial and personal property & casualty (P&C) insurance,
employee benefits and a variety of specialty insurance programs,
including construction and transportation. The company is also
diversified geographically across Canada, particularly in Ontario,
Alberta and British Columbia. Navacord has produced solid organic
growth in the mid single digits in recent quarters, supporting
healthy EBITDA margins in the low 30s (per Moody's calculations).
The company pursues an active acquisition strategy through a
decentralized model that allows acquired entities to operate fairly
autonomously while benefitting from Navacord's centralized
services.
These strengths are tempered by Navacord's aggressive financial
leverage, low fixed charge and free cash flow coverage, execution
risk associated with acquisitions, and limited scale relative to
other rated insurance brokers. Navacord also faces potential
liabilities arising from errors and omissions, a risk inherent in
professional services.
For the 12 months through July 2025, Navacord reported CAD852
million of revenue, up from CAD769 million in 2024, driven by a
combination of acquisitions and organic growth. Navacord has
historically produced strong organic growth driven by new business
wins, strong business retention, and rate increases in employee
benefits and personal insurance, partly offset by weaker rate
environment in commercial lines. Navacord's EBITDA margin has
stayed healthy in the low 30s (per Moody's calculations) as the
company invests in technology and adds headcount to support
growth.
Giving effect to the proposed transaction, Moody's estimates that
Navacord will have a pro forma debt-to-EBITDA ratio of slightly
above 7.5x, with (EBITDA - capex) interest coverage in the range of
1x-2x, and a free-cash-flow-to-debt ratio in the low single digits.
These metrics include Moody's adjustments foroperating leases,
deferred earnout obligations and run-rate earnings from completed
acquisitions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade of Navacord's ratings
include: (i) increased scale and diversification, (ii)
debt-to-EBITDA ratio below 6x, (iii) (EBITDA - capex) coverage of
interest exceeding 2x, and (iv) free-cash-flow-to-debt ratio
exceeding 5%.
Factors that could lead to a downgrade of the ratings include: (i)
debt-to-EBITDA ratio above 7.5x, (ii) (EBITDA - capex) coverage of
interest below 1.2x, (iii) free-cash-flow-to-debt ratio below 2%,
or (iv) disruptions to existing or newly acquired operations.
The principal methodology used in these ratings was Insurance
Brokers and Service Companies published in February 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Based in Toronto, Canada, Navacord offers a diversified mix of P&C
insurance, employee benefits and specialized products mainly to
middle market businesses across Canada. The company generated
revenue of CAD852 million for the 12 months through July 2025.
KINGPIN INTERMEDIATE: Moody's Rates New x$1BB First Lien Loan 'B2'
------------------------------------------------------------------
Moody's Ratings assigned a B2 rating to Kingpin Intermediate
Holdings, LLC's (Kingpin), the wholly owned borrowing subsidiary of
Lucky Strike Entertainment Corporation (Lucky Strike), new $1,000
million senior secured first lien term loan due 2032, $700 million
senior secured notes due 2032, and $400 million senior secured
first lien revolving credit facility. Other ratings of Lucky Strike
are unchanged, including its B2 Corporate Family Rating and B2-PD
Probability of Default Rating. The outlooks for both Lucky Strike
and Kingpin remain stable. Moody's expects to withdraw the B2
rating on Kingpin's existing first lien term loan B, senior secured
first lien bridge term loan and revolving credit facility upon
closing of the refinancing transaction and the repayment of the
debt obligations.
Lucky Strike plans to use the proceeds from the proposed Kingpin
debt to refinance all of its existing senior secured debt. The
proposed refinancing transaction is credit positive because it
extends the company's debt maturity profile with no meaningful debt
maturity until 2030. The transaction eliminates the risk of a
liquidity event that could have could have occurred had the $230
million bridge facility not been refinanced before its July 2026
maturity.
Lucky Strike's debt/EBITDA leverage is high at approximately 6.9x
as of the fiscal year ended June 30, 2025 (incorporating Moody's
standard adjustments), reflecting an aggressive financial policy
that prioritizes shareholder returns, alongside continued
acquisitions and heavy investment in its locations. The company
will need to demonstrate successful execution of its acquisition
strategy, the ability to drive traffic to its renovated bowling
centers, and a more disciplined approach to capital spending in
order to reduce leverage and prevent downward pressure on the
rating. Moody's expects growth to remain slow, despite contribution
from the waterparks (Raging Waves, Boomers and Adventure Park) and
the ongoing rebranding of Lucky Strike bowling centers, due to
continued pressure on consumer budgets. Moody's anticipates capital
expenditures to decline to $140-$150 million over the next 12
months driven by a slower pace of acquisitions and new builds, as
well as the completion of the initial waterpark revamps. This would
result in modestly positive free cash flow over the next 12 to 18
months. These factors, along with an expected transition in capital
allocation away from share buybacks, which exceeded $70 million in
the 12 months ended June 30, 2025 and are not expected to continue,
toward a focus on deleveraging, leads us to expect debt-to-EBITDA
will decline towards mid-6.0x range (incorporating Moody's
adjustments) over the next 12 to 18 months.
RATINGS RATIONALE
Lucky Strike's B2 CFR reflects the company's high financial
leverage with Moody's lease adjusted debt-to-EBTIDA leverage at
6.9x as of the 12 months ended June 30, 2025. Moody's expects
leverage to decline over the next 12-18 months but remain elevated
as the company continues to pursue acquisitions, invest in updating
existing locations, new bowling center builds and paying a dividend
despite limited free cash flow. The rating also reflects
concentration in the leisure/entertainment industry including the
bowling segment that is subject to economic cycles and shifts in
discretionary consumer spending. Lucky Strike's operating results
are seasonal in nature as bowling centers perform best during the
colder winter months (the quarters ending in December and March are
the company's most profitable quarters) and have lower visitation
during warmer summer months. Bowling activity is negatively
impacted by good weather that drives consumers to pursue outdoor
activities, but benefits from cold or rainy weather. Recent
investments into water parks seeks to mitigate this seasonality for
Lucky Strike given water parks are most profitable during the
summer. However, the strategy also brings execution risks for Lucky
Strike because water parks have high reinvestment needs and
different operating strategies. The company's historically
aggressive financial policy, including a dividend payout and debt
funded share repurchases, is also a credit constraint that has
resulted in high financial leverage. Although Moody's expects such
share repurchases to subside, the company continues to pay a large
dividend that along with high reinvestment contributes to negative
free cash flow and is leading to elevated financial leverage. Lucky
Strike's rating is supported by the company's established position
as the largest and leading operator in the US bowling industry with
geographic diversification across the country. The rating also
reflects the good track record of integrating acquisitions and
achieving cost synergies.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The stable outlook reflects Moody's expectations that Lucky
Strike's operating performance will modestly improve, driven by
limited organic revenue, the addition of new locations and
economies of scale as the number of locations grow. Moody's also
assumes in the stable outlook that acquisitions will be accretive
to leverage and that this, together with a reduction in share
repurchases financial leverage will decline towards mid-6.0x, but
likely to be impacted by continued reinvestment going forward.
The ratings could be upgraded if the company drives strong
operating performance including consistent same center sales growth
with flat to higher margins. The company would also need to sustain
debt-to-EBITDA below 5.5x (incorporating Moody's adjustments),
generate strong and consistent free cash flow and maintain good
liquidity. Lucky Strike would also need to demonstrate a more
conservative financial policy consistent with the higher rating
including funding investments, acquisitions and share repurchases
within internally generated cash flow.
The ratings could be downgraded if operating performance weakens
through such factors as a decline in visitation or same store
sales, or higher operating costs. Continuation of the more
aggressive financial policy such as sizable share repurchases,
debt-to-EBITDA leverage sustained above 7.0x (incorporating Moody's
adjustments), retained cash flow to net debt below 5%, or a decline
in liquidity could also result in a downgrade.
Lucky Strike Entertainment Corporation is the largest bowling
center operator in the US, with additional locations in Canada and
Mexico and a total of 364 bowling centers and 3 water action parks.
The company went public through a SPAC transaction in December 2021
after the merger with ISOS Acquisition Corporation and trades under
the ticker symbol BOWL. Revenue during the 12 months ending 30
June, 2025 was approximately $1.2 billion.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
KOKINOS MANAGEMENT: Voluntary Chapter 11 Case Summary
-----------------------------------------------------
Debtor: Kokinos Management, LLC
733-739 Atlantic City Blvd # 739
Bayville, NJ 08721
Business Description: Kokinos Management, LLC leases residential
and commercial real estate.
Chapter 11 Petition Date: September 12, 2025
Court: United States Bankruptcy Court
District of New Jersey
Case No.: 25-19562
Debtor's Counsel: Geoffrey P. Neumann, Esq.
Timothy P. Neumann, Esq. [
BROEGE, NEUMANN, FISCHER & SHAVER, LLC
25 Abe Voorhees Drive
Manasquan NJ 08736
Tel: (732) 223-8484
Email: geoff.neumann@gmail.com
Timothy.neuamnn25@gmail.com
Total Assets: $1,202,000
Total Liabilities: $352,712
The petition was signed by Harry Kokinos as managing member.
The Debtor filed a list of its 20 largest unsecured creditors, but
all entries were left blank.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/2BJTZ6Y/KOKINOS_MANAGEMENT_LLC__njbke-25-19562__0001.0.pdf?mcid=tGE4TAMA
KULANA HALE: Section 341(a) Meeting of Creditors on October 20
--------------------------------------------------------------
On September 12, 2025, Kulana Hale LLC filed Chapter 11 protection
in the Southern District of New York. According to court filing,
the Debtor reports $36,558,368 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
10/20/2025 at 02:30 PM at Zoom.us - USTrustee 1: Meeting ID 160
7717 9142, Passcode 0186029495, Phone 1 (202) 381-3292.
About Kulana Hale LLC
Kulana Hale LLC classified itself as a single-asset real estate
debtor, under the definition set forth in 11 U.S.C. Section
101(51B).
Kulana Hale LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11990) on September
12, 2025. In its petition, the Debtor reports total assets of
$45,256,000 and total liabilities of $36,558,368.
Honorable Bankruptcy Judge Philip Bentley handles the case.
The Debtor is represented by Lewis W. Siegel, Es.
KYI ENTERPRISES: Janice Seyedin Named Subchapter V Trustee
----------------------------------------------------------
The U.S. Trustee for Region 11 appointed Janice Seyedin as
Subchapter V trustee for KYI Enterprises, Inc.
Ms. Seyedin will be paid an hourly fee of $295 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Seyedin declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
About KYI Enterprises
KYI Enterprises, Inc. filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-13842) on
September 8, 2025, listing between $1 million and $10 million in
assets and liabilities.
Judge Michael B. Slade presides over the case.
David Freydin, Esq., at the Law Offices of David Freydin Ltd.
represents the Debtor as legal counsel.
LA NOTTE VENTURES: Court Extends Cash Collateral Access to Oct. 8
-----------------------------------------------------------------
La Notte Ventures, Inc. received interim approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to use cash
collateral until October 8, marking the 11th extension since its
Chapter 11 filing.
The 11th interim order authorized the Debtor to operate within 10%
of the budget until its use of cash collateral is approved on a
permanent basis.
The Debtor's budget projects total operational expenses of
$23,807.14 for September.
As protection for any diminution in the value of its collateral,
the U.S. Small Business Administration will be granted replacement
liens on all post-petition property of the Debtor, including all
cash collateral, to the same extent, validity, and priority as its
pre-bankruptcy liens.
As additional protection, SBA will continue to receive a monthly
payment of $251.
The Debtor's authority to use cash collateral terminates upon
dismissal or conversion of its Chapter 11 case to one under Chapter
7 or upon entry of a court order directing the cessation of the use
of cash collateral.
The next hearing is scheduled for October 7.
About La Notte Ventures
La Notte Ventures, Inc., doing business as La Notte Ristorante
Italiano, sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ill. Case No. 24-15860) on October 23, 2024, with
up to $50,000 in assets and up to $1 million in liabilities.
Judge Jacqueline P. Cox presides over the case.
The Debtor is represented by:
David R. Herzog, Esq.
Law Office of David R. Herzog, LLC
53 W. Jackson Blvd., Suite 1442
Chicago, IL 60604
Telephone: (312) 977-1600
Email: drh@dherzoglaw.com
LASERCYCLE INC: U.S. Trustee Unable to Appoint Committee
--------------------------------------------------------
The U.S. Trustee for Region 3 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of LaserCycle, Inc.
About LaserCycle Inc.
LaserCycle, Inc. provides printers, copiers, scanners, and related
office equipment along with managed print services, equipment
repairs, and document security solutions, serving businesses from
its headquarters in Lenexa, Kansas.
LaserCycle sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 25-21113) on August 11,
2025, listing disclosed $183,634 in assets and $2,071,203 in
liabilities. Rick Krska, chief executive officer of LaserCycle,
signed the petition.
Judge Robert D. Berger oversees the case.
Colin Gotham, Esq., at Evans & Mullinix, P.A., represents the
Debtor as legal counsel.
LHS BORROWER: Moody's Withdraws 'B3' CFR Following Debt Repayment
-----------------------------------------------------------------
Moody's Ratings has withdrawn all ratings for LHS Borrower, LLC
("Leaf Home") including the B3 corporate family rating, the B3-PD
probability of default rating, the B1 backed senior secured 1st
lien bank credit facility ratings and the stable outlook. The
rating action follows Leaf Home's full repayment of its previously
rated debt.
RATINGS RATIONALE
Moody's have withdrawn all of Leaf Home's ratings following the
complete redemption of all its outstanding rated debt. On September
08, 2025, the company announced that it had acquired Erie Home and
refinanced its outstanding debt with a combination of preferred
equity and private debt. The acquisition adds non-discretionary
categories to Leaf Home's portfolio such as re-roofing, foundation
repair and basement waterproofing.
LHS Borrower, LLC, a wholly-owned subsidiary of Leaf Home, LLC, is
a direct-to-consumer home solutions platform serving underserved
markets with innovative home safety and improvement solutions
throughout the US and Canada.
LUXURBAN HOTELS: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Two affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
LuxUrban Hotels Inc. 25-12000
71 W 35th Street
New York, NY 10001
LuxUrban RE Holdings LLC 25-12001
71 West 35th Street
New York, NY 10001
Business Description: LuxUrban Hotels Inc. and LuxUrban RE
Holdings LLC operate in the hospitality
sector, focusing on leasing and managing
hotel properties in major destination
cities, primarily New York. The companies
hold long-term leases on four hotels --
Herald, Tuscany, Hotel 27, and Hotel 46 --
and generate revenue from room rentals and
ancillary guest services. Previously
engaged in leasing multifamily residential
units under the names SoBeNY Partners LLC
and CorpHousing Group Inc., the companies
fully exited that legacy business by the end
of 2022.
Chapter 11 Petition Date: September 14, 2025
Court: United States Bankruptcy Court
Southern District of New York
Judge: TBD
Debtor's Counsel: Leo Jacobs, Esq.
Robert M. Sasloff, Esq.
Wayne Greenwald, Esq.
Ellen Halstead, Esq.
Aaron Slavutin, Esq.
JACOBS P.C.
717 5th Avenue, 17th Fl.
New York, NY 10022
Tel: (212) 229-0476
Email: leo@jacobspc.com
robert@jacobspc.com
wayne@jacobspc.com
ellen@jacobspc.com
aaron@jacobspc.com
Debtors'
Financial
Advisor: FIA CAPITAL
Debtor's
Notice &
Claims
Agent: OMNI AGENT SOLUTIONS
LuxUrban RE Holdings'
Estimated Assets: $0 to $50,000
LuxUrban RE Holdings'
Estimated Liabilities: $1 million to $10 million
LuxUrban Hotels Inc.'s
Estimated Assets: $1 million to $10 million
LuxUrban Hotels Inc.'s
Estimated Liabilities: $10 million to $50 million
The petitions were signed by Michael James as chief financial
officer.
Full-text copies of the petitions, which include lists of the
Debtors' 20 largest unsecured creditors, are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FSDB4LI/LuxUrban_RE_Holdings_LLC__nysbke-25-12001__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/FKNZR3I/LuxUrban_Hotels_Inc__nysbke-25-12000__0001.0.pdf?mcid=tGE4TAMA
MARELLI AUTOMOTIVE: Two Creditors Step Down as Committee Members
----------------------------------------------------------------
The U.S. Trustee for Region 3 disclosed in a court filing the
resignation of Robert Bosch, LLC and Johnson Matthey, Plc from the
official committee of unsecured creditors in the Chapter 11 cases
of Marelli Automotive Lighting USA, LLC and its affiliates.
The remaining members of the committee are:
1. Nissan North America, Inc.
Attn: Joseph Hession
1 Nissan Way
Franklin, TN 37067
Phone: 615-725-1000
Email: joseph.hession@nissan-usa.com
2. Mazda North American Operations
Attn: Christopher Wilson
200 Spectrum Center Drive, Suite 100
Irvine, CA 92618
Email: cwilso70@mazdausa.com
3. Tesla, Inc.
Attn: Keith Porapaiboon
Giga Texas, 1 Tesla Road
Austin, TX 78725
Phone: 650-681-5000
Email: contractnotices@tesla.com
4. Avnet, Inc.
Attn: Dennis Losik
2211 S. 47th Street
Phoenix, AZ 85034
Phone: 847-396 7401
Email: dennis.losik@avnet.com
About Marelli Automotive Lighting USA
Marelli Automotive Lighting USA, LLC is a global automotive parts
supplier based in Saitama, Japan. The company designs and
manufactures advanced technologies for leading automakers,
including lighting systems, electronic components, software
solutions, and interior products. Operating in 24 countries with a
workforce of over 46,000, Marelli also collaborates with
motorsports teams and industry partners on high-performance
component development.
Marelli and its affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 25-11034) on
June 11. 2025. In its petition, Marelli reported between $1 billion
and $10 billion in assets and liabilities.
Judge Brendan Linehan Shannon handles the cases.
The Debtors are represented by Kirkland & Ellis LLP, Kirkland &
Ellis International LLP, and Pachulski Stang Ziehl & Jones LLP.
Alvarez & Marsal North America, LLC is the Debtors' restructuring
advisor. PJT Partners Inc. is the Debtors' investment banker.
Kurtzman Carson Consultants, LLC, doing business as Verita Global,
is the Debtors' notice and claims 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 Paul Hastings, LLP and Morris James, LLP as legal
counsel and FTI Consulting, Inc. as its financial advisor.
MARIN SOFTWARE: Exits Chapter 11 With New Equity Structure
----------------------------------------------------------
Marin Software Incorporated disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that on August 29,
2025, the Bankruptcy Court entered an order, confirming the
Company's Plan of Reorganization. The Plan provides that upon
satisfaction or waiver of the conditions precedent to the
effectiveness of the Plan, the Company may effect the transactions
contemplated by the Plan and emerge from Chapter 11 protection.
On September 5, 2025, the Company filed a Notice of Effective Date
with the Bankruptcy Court and the Plan became effective on
September 5, 2025 in accordance with its terms.
Material Features of the Plan:
Cancellation of Existing Securities; Securities to be Issued Under
the Plan
The Plan implements the reorganization of the Company, with it
emerging from bankruptcy and continuing to operate as the
Reorganized Debtor. As of the Effective Date, YYYYY, LLC ("5Y" or
the "DIP Lender") converted 100% of the Allowed DIP Facility Claim
into shares of the Reorganized Debtor New Equity, for 600 shares,
and Kaxxa Holdings, Inc. ("Kaxxa" or the "Plan Sponsor") acquired
400 shares of the Reorganized Debtor New Equity, for a total of
1,000 shares of Reorganized Debtor New Equity.
On or after the Effective Date, the Plan Administrator will make
distributions in accordance with the Plan using the Plan
Consideration, any Available Cash and the proceeds of Excluded
Assets. Based upon the Company's current estimates, the Company
anticipates that there will be sufficient Plan Consideration,
Available Cash and proceeds of Excluded Assets to provide full cash
recoveries to all Holders of Allowed Claims and a distribution to
holders of Equity Interests on a Pro Rata basis.
As of the Effective Date, and in accordance with the Plan, all
outstanding shares of common stock of the Company (including shares
of common stock issuable under equity awards, including stock
options and restricted stock units, granted under the Company's
equity incentive plans) and all other options, warrants and rights
to acquire common stock, and one outstanding share of Series A
Preferred Stock, have been cancelled and discharged, and holders of
such equity interests are anticipated to receive a distribution on
a Pro Rata basis on account thereof, following the anticipated
provision of full recoveries to all Holders of Allowed Claims.
After giving effect to the Effective Date transactions, the Company
has 1,000 shares of the Reorganized Debtor New Equity issued and
outstanding.
On the Effective Date, the Company issued the Reorganized Debtor
New Equity to 5Y and Kaxxa pursuant to the terms and conditions set
forth in the Plan, and in reliance upon the exemptions from the
registration requirements of the Securities Act of 1933, as
amended, and/or as provided by Section 1145 of the Bankruptcy Code,
as applicable.
Additionally, pursuant to the Plan and effective as of the
Effective Date, the existing directors and officers of the Company
are deemed to have resigned from their positions as directors and
officers of the Company.
Deregistration of Securities:
On August 29, 2025, in conjunction with the proposed cancellation
of all of its outstanding shares of common stock, the Company filed
post-effective amendments to each of its Registration Statements on
Form S-3 and Form S-8 and intends to promptly file a Form 15 with
the SEC to deregister its securities under Section 12(g) of the
Securities and Exchange Act of 1934, as amended and suspend its
reporting obligations under the Exchange Act.
About Marin Software Incorporated
Marin Software Incorporated provides a software-as-a-service
platform for managing digital advertising across search, social,
and eCommerce channels. Its platform offers analytics, workflow,
and optimization tools designed to help performance marketers and
agencies improve returns on advertising spend.
Marin Software Incorporated sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11263) on July 1,
2025. In its petition, the Debtor reports total assets of
$5,656,853 and total debts of $2,767,237.
The Debtor's bankruptcy counsel is James E. O'Neill, at PACHULSKI
STANG ZIEHL & JONES LLP. The Debtor's Corporate Counsel is FENWICK
& WEST LLP. ARMANINO ADVISORY LLC is the Debtor's Financial
Advisor. DONLIN, RECANO & COMPANY, LLC is the Debtor's Claims,
Noticing & Solicitation Agent and Administrative Advisor.
MEDICAL DEPOT: Moody's Affirms 'Caa2' CFR, Outlook Stable
---------------------------------------------------------
Moody's Ratings affirmed the ratings of Medical Depot Holdings,
Inc. (d/b/a Drive DeVilbiss Healthcare "Drive" or "Medical Depot"),
including the Caa2 corporate family rating, Caa2-PD probability of
default rating, Caa2 ratings on the company's senior secured first
lien bank credit facilities, and B2 ratings on the company's super
priority senior secured first lien term loan. The outlook is
stable.
The affirmation of the Caa2 CFR rating reflects Moody's
expectations that the default probability is high and the current
ratings adequately reflect Drive's range of potential recovery
prospects. Drive will continue to exhibit weak liquidity,
constrained by elevated refinancing risk associated with the
maturity of its first lien term loan facilities on June 01, 2026.
As such, Moody's considers the capital structure to be increasingly
unsustainable and the probability of a default, by way of a
distressed exchange is high.
RATINGS RATIONALE
Drive's Caa2 rating reflects its very high leverage with
debt/EBITDA around 8 times as of June 30, 2025. Drive will continue
to exhibit weak liquidity, constrained by elevated refinancing risk
associated with the maturity of its first lien term loan facilities
on June 01, 2026. Despite consistent demand for its durable medical
equipment and respiratory products, Drive faces ongoing challenges
stemming from a shift in product mix away from higher-margin
offerings. These pressures will continue to have an influence on
Drive's profitability. Additionally, Moody's anticipates that
deleveraging will remain slow, as a significant portion of the
company's interest expense is paid in kind, limiting near-term
improvement in credit metrics.
Drive benefits from its good market position in the durable medical
equipment industry with approximately $1 billion of revenue. It is
also well diversified by distribution channel and geography.
Further, Moody's anticipates that there is still very strong demand
for Drive's products despite the mix shift in products.
Moody's expects the company will maintain weak liquidity over the
next 12-18 months. While liquidity is supported by $52 million of
cash as of June 30, 2025, there is no external revolving credit
facility available. Drive does have an unrated receivable
securitization facility which provide for up to $100 million of
advances in the US and up to GBP20 million in the United Kingdom,
expiring in May 2026. Drive generates roughly $50-60 million in
free cash flow, but there is elevated risk of a distressed exchange
with the maturity of its first lien term loan facilities on June
01, 2026.
The B2 rating on the super priority senior secured term loan
reflects its priority position in the capital structure. The Caa2
ratings on the first lien senior secured credit facilities is the
same as the Caa2 Corporate Family Rating as they represent the
preponderance of debt in the company's capital structure. The
obligations under the first lien facilities are secured by a first
priority security interest in substantially all assets of the
borrower, Medical Depot Holdings, Inc. and each subsidiary
guarantor.
The stable outlook reflects Moody's views of a meaningful
probability of default associated with the maturity of its first
lien term loan facilities on June 1, 2026, but that the ratings
encompass Moody's estimates of recovery rates.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded if the company's operating performance
improves evidenced by EBITDA margin expansion. Improvement in
liquidity and a reduced likelihood of default could support an
upgrade.
Ratings could be downgraded if liquidity further erodes, operating
performance deteriorates or the probability of default, including
by way of a transaction that Moody's would deem a distressed
exchange, were to rise. Additionally, the ratings could be
downgraded if Drive proactively seeks bankruptcy protection, or if
the prospects for recovery decline.
The principal methodology used in these ratings was Medical
Products and Devices published in October 2023.
Based in Port Washington, New York, Medical Depot (d/b/a Drive
DeVilbiss Healthcare) is a global manufacturer of durable and home
medical equipment. The company manufactures and distributes
mobility products (wheelchairs, canes, walkers and rollators),
respiratory products (oxygen concentrators and nebulizers),
specialty beds, bath and personal care products, and sleep apnea
devices and other products. The company's products are principally
sold to patients through homecare dealers, wholesalers, retailers,
home shopping related businesses and e-commerce companies. Medical
Depot is owned by private-equity firm Clayton, Dubilier & Rice
("CD&R"). Revenues are approximately $976 million as of June 30,
2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
METHODIST HOSPITALS: S&P Affirms 'BB+' Rating in 2024A Rev. Bonds
-----------------------------------------------------------------
S&P Global Ratings affirmed its 'BB+' long-term rating on the
Indiana Finance Authority's series 2024A hospital revenue refunding
bonds, issued for The Methodist Hospitals Inc. (Methodist).
The outlook is stable.
S&P said, "We view Methodist's overall social risk as elevated
based on a payer mix that is very heavily weighted toward
government payers and on the primary service area's projected
economic indicators that are weak compared with national averages.
We view environmental and governance factors as neutral in our
credit rating analysis.
"The stable outlook reflects our view of Methodist's solid
unrestricted reserves to long-term debt and light leverage and debt
burden, coupled with a management team that is focused on
strengthening operating performance and market position, with
further improvement expected over the outlook period. That said, we
view Methodist as having limited flexibility at the current rating
for additional balance-sheet or cash flow pressure.
"We could lower the rating if Methodist is unable to continue its
trend of improving operations and maximum annual debt service
coverage through the outlook period. Although we do not expect such
events, we would also view negatively further deterioration in
days' cash on hand, a sizable issuance of new debt, or significant
capital plans that result in material decline in the overall
financial profile.
"We could revise the outlook to positive or raise the rating if
Methodist is able to show meaningful and sustainable improvements
in operating margins approaching break-even along with solid cash
flow, while bringing balance-sheet metrics in line with an
investment-grade rating."
MOD JEWELRY: Hires Rappaport Osborne as Legal Counsel
-----------------------------------------------------
MOD Jewelry Group, Inc. seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to hire Jordan L.
Rappaport of Rappaport Osborne & Rappaport, PLLC to serve as legal
counsel in its Chapter 11 case.
The firm will provide these services:
(a) give advice to the Debtor with respect to its powers and
duties as a debtor-in-possession under Chapter 11 and the continued
management of the operation of its business;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements, and with the rules of the court;
(c) prepare and/or defend motions, pleadings, orders,
applications, adversary proceedings, and other legal documents
necessary in the administration of the case;
(d) protect the interest of the Debtor in all matters pending
before the Court; and
(e) represent the Debtor in negotiation with its creditors in
the preparation of a plan, and its confirmation.
The law firm is currently holding a retainer of $ 1,215.12 in Trust
as of filing date. It received $11,738 on July 25, 2025, which is
fully disclosed in the Bankruptcy Schedules. $10,522.88 was applied
pre-petition towards services rendered to the Debtor prior to
filing as well as the Chapter 11 filing fee.
Rappaport Osborne & Rappaport, 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:
Jordan L. Rappaport, Esq.
RAPPAPORT OSBORNE & RAPPAPORT, PLLC
1300 North Federal Highway, Suite 203
Boca Raton, FL 33432
Telephone: (561) 368-2200
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.
MODIVCARE INC: Recovery for Unsecureds Still to Be Determined
-------------------------------------------------------------
ModivCare Inc. filed with the U.S. Bankruptcy Court for the
Southern District of Texas a Disclosure Statement for Joint Plan of
Reorganization dated September 4, 2025.
ModivCare Inc. traces its roots back over thirty years, and certain
of its business segments began providing non-emergency medical
transportation ("NEMT") services to government-sponsored healthcare
programs in the 1980s.
ModivCare's four Business Segments: NEMT, PCS, RPM, and Corporate,
provide patient-centric services to its customers. These Business
Segments roll up into centralized and standardized operations,
which enable the Company to cultivate best practices and
efficiencies. Through these processes, the Company generally seeks
to have a positive impact by closing certain health gaps and
addressing the social determinants of health by serving those in
need.
On August 20, 2025, following extensive, good faith, arms' length
negotiations, the Debtors entered into the Restructuring Support
Agreement with the Consenting Creditors. Pursuant to the
Restructuring Support Agreement, the Consenting Creditors agreed to
support the Restructuring by, among other things:
* providing $100 million in DIP financing to fund the Chapter
11 Cases and agreeing to roll such claims into an Exit Term Loan
Facility;
* agreeing to exchange First Lien Claims for up to $200
million of an Exit Term Loan Facility and 98% of the pro forma
equity of the Company, subject to dilution;
* agreeing to exchange Second Lien Claims for 2% of the pro
forma equity of the Company, subject to dilution;
* providing the opportunity for certain holders of General
Unsecured Claims to participate in an equity rights offering of up
to $200 million; and
* permitting the Reorganized Debtors to enter into up to a
$250 million Exit Revolver Credit Agreement, which provides for a
letter of credit sublimit of up to $150 million.
Upon its full implementation, the Plan will effect a significant
deleveraging of the Debtors' capital structure by reducing the
Company's total funded debt (including accrued but unpaid interest)
by approximately $1.1 billion.
Class 5 consists of General Unsecured Claims. All General Unsecured
Claims (including, for the avoidance of doubt, First Lien
Deficiency Claims, Second Lien Deficiency Claims, and Unsecured
Notes Claims) shall be canceled, released, and extinguished as of
the Effective Date, and Holders of Allowed General Unsecured Claims
shall not receive or retain any distribution, property, or other
value on account of such General Unsecured Claims; provided that,
Eligible Holders of General Unsecured Claims (but excluding Holders
of First Lien Deficiency Claims and Second Lien Deficiency Claims)
shall receive, in full and final satisfaction, settlement, release,
and discharge and in exchange for each General Unsecured Claim,
their Pro Rata Share of the right to purchase up to $200,000,000,
in aggregate, of New Common Interests pursuant to the Equity Rights
Offering. Class 5 is Impaired.
The Disclosure Statement still has blanks as to the percentage
recovery for holders of unsecured claims.
Class 9 consists of Existing Parent Equity Interests. Holders of
Existing Parent Equity Interests shall not receive or retain any
distribution, property, or other value on account of such Existing
Parent Equity Interests. On the Effective Date or as soon as
reasonably practicable thereafter, all Existing Parent Equity
Interests shall be canceled, released, extinguished, and of no
further force and effect.
For purposes of determining whether the Plan meets this
requirement, the Debtors have analyzed their ability to meet their
obligations under the Plan. As part of this analysis, the Debtors
have prepared the consolidated financial projections for the
Reorganized Debtors (collectively with the reserve information,
development of schedules, and financial information, the "Financial
Projections") for fiscal years 2026 through 2029.
Based upon such Financial Projections, the Debtors conclude they
will have sufficient resources to make all payments required
pursuant to the Plan and that confirmation of the Plan is not
likely to be followed by liquidation or the need for further
reorganization. Moreover, Article IX hereof sets forth certain risk
factors that could impact the feasibility of the Plan.
Pursuant to sections 363 and 1123 of the Bankruptcy Code and
Bankruptcy Rule 9019, and in consideration for the classification,
distribution, releases, and other benefits provided under this
Plan, upon the Effective Date, the provisions of this Plan shall
constitute an integrated, good faith compromise and settlement of
all Claims, Interests, and controversies relating to the
contractual, legal, equitable, and subordination rights that a
Claim or an Interest Holder may have with respect to any Allowed
Claim or Allowed Interest or any distribution to be made on account
of such Allowed Claim or Allowed Interest.
On the Effective Date, the Debtors or the Reorganized Debtors, as
applicable, shall cause the Equity Rights Offering to be
consummated, pursuant to the Equity Rights Offering Documents and
this Plan and subject to the Equity Rights Offering Procedures. The
Equity Rights Offering shall have been conducted prior to the
Effective Date, and the New Common Interests shall be issued pro
rata to the participants in the Equity Rights Offering, pursuant to
the Equity Rights Offering Documents and this Plan and subject to
the Equity Rights Offering Procedures.
A full-text copy of the Disclosure Statement dated September 4,
2025 is available at https://urlcurt.com/u?l=4y4ZbV from Verita
Global, claims agent.
Proposed Counsel for the Debtors:
Timothy A. ("Tad") Davidson II, Esq.
Catherine A. Rankin, Esq.
Brandon Bell, Esq.
HUNTON ANDREWS KURTH LLP
600 Travis Street, Suite 4200
Houston, TX 77002
Tel: (713) 220-4200
Email: taddavidson@hunton.com
catherinerankin@hunton.com
bbell@hunton.com
AND
Ray C. Schrock, Esq.
Keith A. Simon, Esq.
George Klidonas, Esq.
Jonathan J. Weichselbaum, Esq.
LATHAM & WATKINS LLP
1271 Avenue of the Americas
New York, NY 10020
Tel: (212) 906-1200
Email: ray.schrock@lw.com
keith.simon@lw.com
george.klidonas@lw.com
jon.weichselbaum@lw.com
About ModivCare
ModivCare Inc. is a technology-enabled healthcare services company
that provides a suite of integrated supportive care solutions for
public and private payors and their members.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90309) on August 20,
2025. In the petition signed by Chad J. Shandler, chief
transformation officer, the Debtor disclosed up to $10 billion in
both assets and liabilities.
Judge Alfredo R. Perez oversees the case.
Timothy A. Davidson II, Esq., at Hunton Andrews Kurth LLP,
represents the Debtor as legal counsel.
MY SIZE: Stockholders OK All Proposals at 2025 Annual Meeting
-------------------------------------------------------------
My Size, Inc. held the 2025 Annual Meeting of the Company's
stockholders for the following purposes:
(1) to elect two Class I directors,
(2) to approve an amendment to the My Size, Inc. 2017 Equity
Incentive Plan to increase the reservation of common stock for
issuance thereunder to 756,691 shares to 130,000 shares,
(3) to approve an amendment to the 2017 Plan to adopt an
evergreen provision such that, beginning on January 1, 2026 and
ending on and including January 1, 2029, the share reserve under
the 2017 Plan will be automatically increased by a number of shares
of common stock equal to the lesser of (A) 5% of the aggregate
number of shares of common stock outstanding on the final day of
the immediately preceding calendar year or (B) such smaller number
of shares as is determined by the Company's board of directors (the
"Board"), and
(4) to ratify the appointment of Somekh Chaikin as the
Company's independent public accountant for the fiscal year ending
December 31, 2025. A total of 1,310,357 shares of common stock,
constituting a quorum, were represented in person or by valid
proxies at the Annual Meeting.
The following are the voting results for the proposals considered
and voted upon at the Annual Meeting, each of which were described
in the Company's Definitive Proxy Statement filed with the
Securities and Exchange Commission on July 8, 2025.
Proposal 1. Election of two Class I directors to serve on the Board
for a term of three years or until their successors are elected and
qualified:
1. Arik Kaufman
* For: 333,130
* Withheld: 27,042
* Broker Non-Votes: 950,185
2. Roy Golan
* For: 333,285
* Withheld: 26,887
* Broker Non-Votes: 950,185
Proposal 2. Approval of an amendment to the 2017 Plan to increase
the reservation of Common Stock for issuance thereunder to 756,691
shares from 130,000 shares:
* For: 296,358
* Against: 63,549
* Abstain: 265
* Broker Non-Votes: 950,185
Proposal 3. Approval of an amendment to the 2017 Plan to adopt an
evergreen provision such that, beginning on January 1, 2026 and
ending on and including January 1, 2029, the share reserve under
the 2017 Plan will be automatically increased by a number of shares
of common stock equal to the lesser of (A) 5% of the aggregate
number of shares of common stock outstanding on the final day of
the immediately preceding calendar year or (B) such smaller number
of shares as is determined by the Board:
* For: 296,105
* Against: 63,795
* Abstain: 272
* Broker Non-Votes: 950,185
Proposal 4. Ratification of the appointment of Somekh Chaikin as
the Company's independent public accountant for the fiscal year
ending December 31, 2025:
* For: 1,228,792
* Against: 80,707
* Abstain: 858
* Broker Non-Votes: -
About MySize, Inc.
Airport City, Israel-based My Size, Inc. (NASDAQ: MYSZ) --
http://www.mysizeid.com/-- is an omnichannel e-commerce platform
and provider of AI-driven measurement solutions that drive revenue
growth and reduce costs for online retailers while generating big
data and machine learning analytics.
Tel Aviv, Israel-based Somekh Chaikin, the Company's auditor since
2017, issued a "going concern" qualification in its report dated
Mar. 27, 2025, citing that the Company has incurred significant
losses and negative cash flows from operations and has an
accumulated deficit that raise substantial doubt about its ability
to continue as a going concern.
As of Dec. 31, 2024, the Company had $10.1 million in total assets,
$3.2 million in total liabilities, and a total stockholders' equity
of $6.9 million.
NABORS INDUSTRIES: Credit Amendment Allows Annual $100M Buyback
---------------------------------------------------------------
Nabors Industries Ltd. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company and
its wholly owned subsidiary, Nabors Industries, Inc. ("Nabors
Delaware"), entered into first amendment to the Amended And
Restated Credit Agreement dated June 17, 2024, among themselves,
the other guarantors from time to time party thereto, the revolving
lenders, the letter of credit facility participants, the issuing
banks and other lenders party thereto and Citibank, N.A., as
administrative agent.
The First Amendment revised the restricted payments covenant to
permit Nabors Delaware to repurchase up to $100 million of equity
of either Nabors Delaware or any parent entity in any fiscal year.
Usage of this provision will reduce Nabors Delaware's ability to
make dividends on a dollar-for-dollar basis; any dividends
distributed by Nabors Delaware will likewise reduce Nabors
Delaware's ability to make buybacks of equity on a
dollar-for-dollar basis.
The other provisions of the A&R Credit Agreement remain unchanged.
A copy of the First Amendment is available at
https://tinyurl.com/mvbwk9bj
About Nabors
Bermuda-based Nabors Industries Ltd. (NYSE: NBR) owns and operates
land-based drilling rig fleets and provides offshore platform rigs
in the United States and several international markets. Nabors also
provides directional drilling services, tubular services,
performance software, and innovative technologies for its own rig
fleet and those of third parties.
As of June 30, 2025, the Company had $5.04 billion in total assets,
$3.59 billion in total liabilities, and $640.33 million in total
stockholders' equity.
* * *
Egan-Jones Ratings Company on June 10, 2025, maintained its 'CCC+'
foreign currency and local currency senior unsecured ratings on
debt issued by Nabors Industries, Inc.
NATEL ENGINEERING: Moody's Cuts CFR to 'Caa2', Outlook Negative
---------------------------------------------------------------
Moody's Ratings downgraded Natel Engineering Company, LLC (Natel)'s
corporate family rating to Caa2 from B3 and senior secured term
loan rating to Caa2 from B3. Moody's also downgraded the
probability of default rating to Caa2-PD from B3-PD. The downgrade
was driven by near term debt maturities and challenges returning to
historical revenue levels. The outlook remains negative.
Natel's revolver (unrated) and term loan mature in early 2026. The
company remains cash flow positive but does not have sufficient
liquidity to repay the maturing debt. While potential upcoming
contracts could return the company to growth and recent facilities
consolidation improves margins, revenues remain volatile and well
below historic highs.
RATINGS RATIONALE
Natel's Caa2 CFR is constrained by the company's weak liquidity and
high debt/EBITDA estimated at over 7x (Moody's adjusted for
operating leases for the LTM May 04, 2025 period). The company has
high customer concentration and a narrow business focus in the
aerospace and defense, industrial, and medical vertical markets.
The risks associated with Natel's limited customer diversity, which
are common in the Electronics Manufacturing Services (EMS) sector,
have exposed the company to periods of considerable sales
volatility. In addition, recent cuts from a major customer, timing
of orders, working capital needs and shifts in budget
appropriations have exacerbated the impact of the company's debt
and interest burden leaving the company with very limited financial
flexibility. While revenues have declined in recent periods,
working capital including supply chain driven elevated inventory
levels are steadily improving and contributing to positive free
cash flow.
Natel's credit profile is supported by the specialty nature of the
company's high-mix, low-to- mid volume assembly services, which
feature EBITDA margins that are well above industry averages, as
well as Natel's long-term, strategic relationships with core
customers. In addition, while there are no contractual commitments,
Natel's owner and founder has contributed equity in recent years to
support liquidity.
Natel's liquidity is weak reflecting modestly positive free cash
flow, low cash balances and upcoming maturities of the ABL revolver
and term loan. The company had $23 million of cash on hand and as
of May 04, 2025. Moody's expects modestly positive free cash flow
over the next year assisted by working capital outflows. Free cash
flow was estimated at $27 million for the fiscal year 2025. The ABL
matures in January 2026 and the first lien term loan matures in
April 2026.
The negative outlook reflects the upcoming debt maturities and
potential that the debt will need to be restructured if not
refinanced. The company is pursuing strategic options to address
the maturities prior to maturity
FACTORS THAT COULD CHANGE THE RATINGS UP OR DOWN
Natel's ratings could be downgraded if the company is performance
does not stabilize, the company is unable to refinance its debt or
enters into a distressed exchange. Stretching payables to fund
working capital will be viewed negatively. The ratings could be
upgraded if Natel improves liquidity including refinancing its debt
with extended maturities, grows revenues, and expands EBITDA,
resulting in deleveraging and meaningful free cash flow (after
dividends).
Natel Engineering Company, LLC, headquartered in Chatsworth,
California, is a tier 2 specialty EMS provider. The company
provides manufacturing services for customers in the aerospace and
defense, industrial, and medical industries. The company is
privately held, with 100% ownership held by current CEO Sudesh
Arora and his family. Revenue for the twelve months ending May 04,
2025 was about $561 million.
The principal methodology used in these ratings was Distribution
and Supply Chain Services published in December 2024.
Natel's Caa2 corporate family rating is two notches below the
scorecard-indicated outcome of B3. The assigned rating places more
weight on the upcoming maturities.
NEW CENTURY: Enters Receivership, Liquidation
---------------------------------------------
Insurance Journal reports that New Century Insurance Company, a
property and casualty carrier licensed solely in Texas, has been
placed into liquidation following a September 3, 2025 order by the
Travis County District Court in Austin. The Texas Department of
Insurance (TDI) announced the court determined the company was
insolvent, with liabilities exceeding its admitted assets and
capital levels below what is required under state law. The Texas
Commissioner of Insurance has been appointed liquidator.
The order cancels all active New Century policies as of October 3,
2025, at 11:59 p.m. To oversee the process, Commissioner Cassie
Brown appointed FitzGibbons and Company, Inc. as Special Deputy
Receiver. Policyholders with new claims are directed to report them
to FitzGibbons and Company during the receivership, according to
Insurance Journal.
The Texas Property and Casualty Insurance Guaranty Association
(TPCIGA) will now handle the payment of eligible claims, subject to
statutory coverage limits. FitzGibbons and Company confirmed in a
notice to agents and brokers that TPCIGA has assumed responsibility
for protecting policyholders as the liquidation moves forward, the
report states.
About New Century Insurance Co.
New Century Insurance Company is a licensed property and casualty
insurer in Texas.
OAKTREE OCALA: Gets Interim OK to Use Cash Collateral Until Oct. 24
-------------------------------------------------------------------
Oaktree Ocala JV, LLC and ASAP Highline Ocala, LLC received another
extension from the U.S. Bankruptcy Court for the Southern District
of New York to use cash collateral.
The court's second interim order authorized the Debtors to continue
using cash collateral through October 24 in accordance with the
revised budget and subject to agreement with CPIF MRA, LLC or
further court order.
The 13-week budget projects total operational expenses of
$464,740.24.
The second interim order also extended the deadline for CPIF to
file a supplement to its objection to October 14.
Both parties expressly reserve their rights regarding how payments
under the budget are applied.
The final hearing is scheduled for October 21.
About Oaktree Ocala JV LLC
Oaktree Ocala JV, LLC is a real estate lessor operating under NAICS
code 5311. It is based in Suffern, N.Y., with apparent operations
in Ocala, Florida. It operates as a joint venture in the real
estate leasing sector.
Oaktree Ocala JV and ASAP Highline Ocala, LLC sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case
No. 25-22701) on July 29, 2025. In its petition, the Debtor
reported between $10 million and $50 million in assets and
liabilities.
Judge Sean H. Lane oversees the case.
The Debtor is represented by Kenneth M. Lewis, Esq., at Paul M.
Nussbau, Esq.
OBJECT & SUBJECT: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------------
Debtor: Object & Subject, LLC dba Ascendant Brands
Alvin Drafting, LLC
Choose Friendship, LLC
Daverly Way, LLC
Fizz, LLC
Promptly, LLC
Vaporeze, LLC
701 S Main Street, Suite 100
Logan, UT 84321
Case No.: 25-25418
Business Description: Object & Subject, LLC, doing business as
Ascendant Brands, manages consumer product
businesses across the U.S., focusing on
brand development, product design,
packaging, and supply chain operations. The
Company specializes in online marketing,
particularly on the Amazon marketplace, and
works with brand partners and brick-and-
mortar retailers to distribute their
products. Ascendant Brands partners with
businesses generating $500,000 to $5 million
in annual revenue, offering acquisition,
operational management, or investment
collaboration opportunities.
Chapter 11 Petition Date: September 12, 2025
Court: United States Bankruptcy Court
District of Utah
Judge: Hon. Peggy Hunt
Debtor's Counsel: George B. Hofmann, Esq.
COHNE KINGHORN, P.C.
111 E. Broadway, 11th Floor
Salt Lake City, UT 84111
Tel: 801-363-4300
Email: ghofmann@ck.law
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by John Lewis Needham as managing member.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/6LQMKIA/Object__Subject_LLC_dba_Ascendant__utbke-25-25418__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/6NF24PI/Object__Subject_LLC_dba_Ascendant__utbke-25-25418__0001.0.pdf?mcid=tGE4TAMA
OCUGEN INC: To Invest $5M in Carisma as Part of NeoCart Merger Deal
-------------------------------------------------------------------
As previously disclosed, Ocugen, Inc. and OrthoCellix, Inc., a
Delaware corporation and wholly-owned subsidiary of the Company to
which the Company has contributed the assets related to the
Company's Neocart product candidate, entered into an Agreement and
Plan of Merger, dated as of June 22, 2025, by and among the
Company, OrthoCellix, Carisma Therapeutics Inc. and Azalea Merger
Sub, Inc., a Delaware corporation and a wholly owned subsidiary of
the Company, pursuant to which, among other matters, and subject to
the satisfaction or waiver of the conditions set forth in the
Merger Agreement, Merger Sub will merge with and into OrthoCellix,
with OrthoCellix continuing as a wholly owned subsidiary of Carisma
and the surviving company of the Merger.
Pursuant to the Merger Agreement, Carisma and OrthoCellix have
agreed to use commercially reasonable efforts to enter into
subscription agreements with one or more investors designated by
OrthoCellix, pursuant to which such anticipated Investors would
agree to purchase, at or immediately following the closing of the
Merger, shares of common stock, par value $0.001 per share, of
Carisma for aggregate gross proceeds at least equal to $25.0
million.
Pursuant to the Merger Agreement, the Company agreed to enter into
a subscription agreement with Carisma, pursuant to which the
Company committed to purchase, as part of the anticipated
Concurrent Investment, shares of common stock of Carisma for
aggregate gross proceeds equal to not less than $5.0 million.
The Company disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that on August 29, 2025, as part
of the anticipated Concurrent Investment, the Company entered into
the subscription agreement described above with Carisma, pursuant
to which the Company agreed to purchase in a private placement an
aggregate of $5.0 million of shares of Carisma Common Stock at a
price per share to be calculated by dividing:
(i) the Aggregate Valuation (as defined in the Merger
Agreement) by
(ii) the Post-Closing Parent Shares (as defined in the Merger
Agreement).
Pursuant to the Subscription Agreement, if Carisma grants to any
Investors in the anticipated Concurrent Investment any rights,
privileges, protections or terms more favorable than those granted
to the Company under the Subscription Agreement or the Registration
Rights Agreement, then the Company shall be automatically entitled
to such more favorable rights, privileges, protections and terms,
subject to certain specified exceptions.
The Carisma Investment is expected to be consummated as part of the
anticipated Concurrent Investment at or immediately following the
closing of the Merger, subject to the satisfaction of customary
closing conditions.
Carisma also intends to enter into a registration rights agreement
with the Investors that participate in the anticipated Concurrent
Investment, including the Company, at the closing of the
anticipated Concurrent Investment, pursuant to which, among other
things, Carisma will agree to provide for the registration of the
resale of certain shares of Common Stock that are held by such
Investors, including shares of Carisma Common Stock purchased by
the Company pursuant to the Subscription Agreement.
The foregoing summary of the material terms of the Subscription
Agreement is qualified in its entirety by the terms of the
Subscription Agreement, a copy of which will be filed as an exhibit
in the Company's Quarterly Report on Form 10-Q for the quarter
ended September 30, 2025 to be filed under the Exchange Act.
About Ocugen Inc.
Malvern, Pa.-based Ocugen, Inc. is a biotechnology company focused
on discovering, developing, and commercializing novel gene and cell
therapies, biologics, and vaccines that improve health and offer
hope for patients across the globe. The Company's technology
pipeline includes: Modifier Gene Therapy Platform, Novel Biologic
Therapy for Retinal Diseases, Regenerative Medicine Cell Therapy
Platform, and Inhaled Mucosal Vaccine Platform.
Philadelphia, Pennsylvania-based PricewaterhouseCoopers LLP, the
Company's auditor since 2024, issued a "going concern"
qualification in its report dated March 5, 2025. The report
highlighted that the Company has incurred recurring net losses
since inception that raise substantial doubt about its ability to
continue as a going concern.
As of June 30, 2025, the Company had $53.59 million in total
assets, $50.54 million in total liabilities, and a total
stockholders' equity of $3.05 million.
ODYSSEY LOGISTICS: Moody's Cuts CFR to 'B3', Outlook Stable
-----------------------------------------------------------
Moody's Ratings downgraded Odyssey Logistics & Technology
Corporation's (Odyssey) corporate family rating to B3 from B2,
probability of default rating to B3-PD from B2-PD, and the senior
secured first lien bank credit facility rating to B3 from B2. The
outlook remains stable.
The downgrade of Odyssey's ratings reflects the ongoing weakness in
the company's operating performance stemming from a persistently
challenging freight market. Low transportation rates coupled with
soft volumes have contributed to lower earnings and persistently
negative free cash flow. As a result, Odyssey's financial leverage
is expected to remain elevated above 7x debt/EBITDA through the end
of 2025. The company has undertaken several cost saving initiatives
and maintains solid commercial opportunities, but Moody's don't
anticipate a meaningful recovery in earnings until broader freight
market conditions, particularly pricing, improve.
RATINGS RATIONALE
Odyssey's B3 CFR reflects the company's moderate scale as a
specialized transportation provider, exposure to competitive
industry dynamics, and very high financial leverage. Odyssey
maintains good standing as a provider of managed services,
intermodal, rail, ground transportation, warehousing, LTL
(less-than-truckload) and LCL (less-than-container-load)
consolidation services. The company provides these logistics
services to a diverse range of long-term customers across a variety
of end markets, including chemicals, metals, industrial and food
and beverage.
Despite providing critical transportation services to its
customers, the company's financial performance is highly exposed to
broader freight market dynamics that remain difficult. Excess
transportation capacity and soft volumes have sustained freight
rates at low levels, which has significantly reduced Odyssey's
earnings compared to prior years.
Moody's expects the company's net revenue (gross revenue less
transportation costs) to be down in the low-single digit percentage
range for 2025 and for EBITDA to be lower year over year as well.
Moody's believes net revenue and earnings growth will return in
2026 from improved pricing and realized cost efficiencies. However,
lingering uncertainty around trade policies and tariffs could
dampen volumes and prevent a meaningful recovery. Moody's do note
that a majority of Odyssey's freight is domestic focused and not
directly impacted by tariffs.
Moody's expects Odyssey to maintain adequate liquidity over the
next twelve months supported by a moderate cash position and access
to a $125 million revolving credit facility. At the end of June
2025, Odyssey had utilized about $25 million under its revolver to
fund capital investments and an acquisition.
Moody's expects the company's free cash flow to remain modestly
negative in 2025 as the company continues to invest in software and
other IT enhancements. Therefore, revolver usage will increase
somewhat but remain below the springing covenant level of 35%.
Moody's expects Odyssey's free cash flow to be about breakeven in
2026. The company faces sizeable debt maturities over the next two
years as the company's revolving credit facility expires July 2027
and its first lien term loan matures October 2027.
The stable outlook reflects Moody's views that Odyssey's earnings
will gradually recover over the next twelve months such that
debt/EBITDA falls below 7x. In addition, Moody's expects the
company to maintain adequate liquidity while free cash flow
approaches breakeven.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Odyssey demonstrates strong
operating performance across all its services and materially
improves profitability. A financial policy that sustains
debt/EBITDA below 5.5x could also result in a rating upgrade.
Lastly, Odyssey would need to generate consistently positive free
cash flow and improve availability under its revolving credit
facility.
The ratings could be downgraded if Odyssey is unable to improve
earnings such that debt/EBITDA remains in excess of 7x and interest
coverage (EBITDA less capex to interest expense) remains below 1x.
A downgrade could also occur if Odyssey is unable to improve
liquidity with at least breakeven free cash flow.
The principal methodology used in these ratings was Surface
Transportation and Logistics published in April 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Odyssey Logistics & Technology Corporation is a provider of
multimodal logistics solutions for thousands of customers across a
variety of primarily industrial-based end markets. Its services
include managed services, intermodal, rail, ground transportation,
warehousing, LTL (less-than-truckload) and LCL (less-than-container
load) consolidation and consulting. Gross revenue for the twelve
months ended June 30, 2025 was approximately $1 billion.
OPE INMAR: Moody's Affirms 'B3' CFR & Alters Outlook to Stable
--------------------------------------------------------------
Moody's Ratings affirmed OPE Inmar Holdings, Inc.'s (Inmar) B3
corporate family rating and B3-PD probability of default rating.
Moody's affirmed Inmar, Inc.'s $150 million backed senior secured
first lien revolving credit facility expiring October 2029 and
$1,065 million backed senior secured first lien term loan due
October 2031 at B3 and assigned a B3 rating to its proposed $150
million backed senior secured first lien incremental term loan due
October 2031. The outlooks were revised to stable from positive.
Inmar is a technology-enabled provider of services including
digital incentives, digital media, paper coupon settlement,
healthcare returns and technology.
The affirmation of the B3 CFR and revision of the outlook to stable
from positive reflects Moody's views that Inmar's financial
strategies have become more aggressive than Moody's anticipated,
evidenced by its plan to add another $150 million term loan to
repay $140 million of the company's PIK preferred equity, reducing
the remain balance to $512 million. Moody's anticipates the company
may prioritize further preferred equity payments over debt
reduction. Additionally, Moody's anticipates free cash flow/debt
remaining in the low single-digit range over the next 12 to 18
months; the company reported lower free cash flow than Moody's had
forecast for the twelve months ended June 30, 2025. Moody's expects
debt leverage to remain high, with debt/EBITDA around 5x. Moody's
considers the liquidity profile as adequate, given Moody's reduced
free cash flow expectations, with support from the fully available
revolver.
ESG considerations were a key driver of the actions, notably
elevated governance risk due to the company's tolerance for high
debt leverage and Moody's anticipations for additional debt-funded
equity distributions.
RATINGS RATIONALE
Inmar's B3 CFR is constrained by the company's high financial
leverage, with debt/EBITDA pro forma for proposed transaction of
around 5.5x as of June 30, 2025. Moody's anticipates modest
leverage improvement to around 5x, or around 6x after expensing
capitalized software development costs, by 2026. Moody's also
foresee potential softness in media products due to uncertainty
surrounding a slowing US economy. New client wins and a recovery in
profitability rates in the healthcare segment could counterbalance
the impact of economic weakness. The company operates in a rapidly
changing digital environment which requires continuous technology
investments to maintain its competitive position and attract new
clients, thereby pressuring earnings and free cash flow. Inmar
currently allocates around $50 million for capital expenditures,
including software development, which is necessary to support
offerings across all of Inmar's business segments.
All financial metrics cited reflect Moody's standard adjustments.
Support is provided by Inmar's substantial operating scale, strong
profitability rates and good competitive position as a leading
technology-enabled services provider in digital incentives, digital
media, coupon processing, healthcare product returns management and
compliance solutions. Moody's projects that revenue will grow to
around $950 million by the end of 2026, driven by new customer
acquisitions and rising demand in the Martech and Healthcare
segments. Moody's expects the company to achieve EBITDA margins in
the mid-to-high-twenties percentage range through
subscription-based revenue expansion and continued improvements in
direct labor processing efficiency. The credit profile is further
strengthened by Inmar's extensive customer base with long-tenured
contracts, featuring highly recurring and predictable revenue
streams (over 75% of total revenue is contractually committed) and
growth in digital and e-commerce offerings.
Moody's expects Inmar to maintain an adequate liquidity profile
over the next 12 to 15 months. Liquidity is primarily supported by
an unrestricted cash balance of $37 million as of June 30, 2025,
and Moody's anticipations that free cash flow to debt will remain
modest, in the low-single-digit percentage range, during 2026. The
company also has full availability under its $150 million revolving
credit facility, which expires in 2029. These sources provide ample
liquidity to service approximately $12 million of required annual
amortization payments under the first lien term loan. There are no
financial maintenance covenants under the first lien term loan,
while the revolver is subject to a springing maximum first-lien net
leverage ratio of 6.9x, tested when utilization exceeds 35%.
Moody's anticipates that the company will maintain a comfortable
margin relative to the covenant limit.
The B3 backed senior secured first lien bank credit facility
ratings are in line with the B3 CFR and reflect their position as
the vast majority of debt in the capital structure. The borrower of
the credit facilities is Inmar, Inc. OPE Inmar Holdings, Inc.
guarantees the rated debt. The credit facility is secured by a
perfected first lien security interest in substantially all of
Inmar's assets, subject to certain permitted liens and other
exceptions.
The stable outlook reflects Moody's expectations that Inmar will
maintain debt/EBITDA around 5x and continue to enhance its good
profitability rates to within the mid to high twenties percentage
range through both higher adoption rates of its advanced tools and
cost improvements over the next 12 to 18 months. The outlook also
anticipates the maintenance of an adequate liquidity profile, with
free cash flow to debt expected to remain in a low-single-digit
percentage range over the next 12 to 15 months, and aggressive
financial strategies, emphasizing periodic, opportunistic debt
funded shareholder distributions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Inmar sustains good liquidity
profile, debt/EBITDA below 5x and free cash flow/debt in a high
single-digits percentage range.
The ratings could be downgraded if Inmar experiences a material
contraction in revenue or profitability due to customer losses, if
free cash flow generation weakens, or if liquidity deteriorates.
The ratings could also be downgraded if the company adopts more
aggressive financial policies that lead to debt/EBITDA remaining
above 7x.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Inmar, based in Winston-Salem, NC, is a provider of
technology-enabled services which streamline workflows for
retailers, manufacturers, pharmacies and hospitals. The company
operates in two segments: Martech solutions include retail
promotional management, such as incentives and loyalty programs,
and personalized media tools. Healthcare solutions are directed at
the pharmacy market and include product return and value recovery
management, pharmacy revenue cycle management tools, and pharmacy
management SaaS solutions to enable compliance and efficiency.
OMERS Private Equity is the primary owner of Inmar, with additional
investments from ABRY Partners, Inmar management, and other
institutional entities.
Moody's expects revenue of $960 million in 2026.
OPTION CARE: Moody's Rates New Secured Bank Credit Facilities 'Ba2'
-------------------------------------------------------------------
Moody's Ratings assigned Ba2 ratings to the proposed senior secured
first lien term loan and senior secured first lien revolving credit
facility of Option Care Health, Inc ("Option Care"). There are no
changes to Option Care existing ratings, including the Ba3
corporate family rating, Ba3-PD probability of default rating, and
B2 rating on the senior unsecured notes. The outlook remains
unchanged at stable.
Option Care will use the net proceeds from $678 million senior
secured first lien term loan due 2032 to repay the existing senior
secured term loan, pay fees and expenses related to the
transaction, with the balance allocated for general corporate
purposes. The senior secured revolving credit facility is being
extended by approximately 5 years to 2030.
RATINGS RATIONALE
Option Care's Ba3 CFR reflects the company's market position as the
largest independent infusion provider with over $5 billion in
revenue. The home infusion services industry benefits from
favorable long-term growth dynamics as the home is generally
considered the patient-preferred and lowest cost of care setting.
Option Care will continue to benefit from solid organic growth and
positive mix shift toward higher growth chronic therapies, which
drive strong free cash flow generation. Moody's expects Option
Care's debt/EBITDA to remain in the 2.3x-2.6x range over the next
12 to 18 months, absent any material debt-funded acquisitions.
Option Care's rating is constrained by challenging reimbursement
environment, including uncertainty regarding Medicaid cuts as well
as competitive pressures stemming from large, vertically integrated
insurance companies that own home infusion providers. Further,
Moody's expects more uncertainty coming from potential
pharmaceutical tariffs, and some, albeit subsiding pressure from
expenses associated with recruiting and retaining nursing staff.
The Speculative Grade Liquidity Rating of SGL-1 reflects Moody's
expectations of very good liquidity over the next 12 months.
Moody's expects that free cash flow will be consistently positive
over the next 12 months, however the company will likely use its
free cash flow for share buybacks and acquisitions. Liquidity is
also supported by approximately $199 million of cash as of June 30,
2025 ($249 million pro forma the transaction) and $396 million
available on revolving credit facility currently being extended to
2030.
The stable outlook reflects Moody's expectations that Option Care
will continue to grow revenue and earnings such that debt to EBITDA
will decline to around 2.5x, absent any material debt-funded
acquisitions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if the company successfully executes
its growth strategy, while also maintaining conservative financial
policy and improving business diversity, scale and profitability.
Quantitatively, if the company's debt to EBITDA was sustained below
2.5 times, along with very good liquidity, the ratings could be
upgraded.
The ratings could be downgraded if the company adopts more
aggressive financial policies including material debt-funded
acquisitions, share repurchases or dividends. If the company
experiences a material decline in profitability the ratings could
also be downgraded. Quantitatively, ratings could be downgraded if
debt to EBITDA is expected to be sustained above 3.5 times for an
extended period.
Option Care is a public company and the leading independent
provider of home and alternate treatment site infusion therapy
services through its national network of over 170 locations
throughout the US These services involve the preparation, delivery,
administration and monitoring of medication for a broad range of
conditions. These include infections, malnutrition, heart failure,
bleeding disorders, autoimmune disorders, and a variety of other
rare conditions. The revenues are approximately $5.4 billion for
the last twelve months ending June 30, 2025.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
PADAGIS LLC: S&P Alters Outlook to Negative, Affirms 'B' ICR
------------------------------------------------------------
S&P Global Ratings affirmed its 'B' issuer credit rating on generic
drugmaker Padagis LLC and revised the outlook to negative. S&P also
affirmed its 'B' issue-level ratings on Padagis' revolving credit
facility (RCF) and first-lien term loan.
S&P said, "The negative outlook reflects at least a one-in-three
chance that we could lower our ratings on Padagis within the next
12 months. This could occur if we expect the deterioration in
operating margins stemming from pressures in the generic
pharmaceuticals industry will undermine the company's ability to
generate a ratio of free cash flow to debt above 3%.
"Padagis's free cash flow generation has fallen short of what we
consider supportive of a 'B' rating. Padagis' ratio of free cash
flow to debt has been below 3% for in 2023 and 2024. While the
company has made investments in its working capital management,
including reducing its reliance on outsourced manufacturing, we
expect competition-related margin pressures will weigh on margins
and free cash flow generation. We view the significant positive
working capital swing in the second quarter as primarily cyclical
in nature and expect a reversal in the second half of 2024
resulting in working capital being about a $20 million outflow for
2025. Even excluding the effect of working capital swings, we see
elevated potential for operating pressures to weigh on free cash
flow generation over the next two years.
"We expect competitive pressures will persist and continue to
constrain the company's profitability. While most of the company's
products are number one or two in their markets, given the
relatively commodity-like nature of most of the generic drug
market, Padagis' reputation for quality and reliable supply provide
minimal, if any, additional pricing power during normal operations,
absent a shortage. Thus, increased competition and pricing pressure
can significantly affect both revenues and profitability,
particularly among its top 20 products. In 2024 the company
benefitted from reduced competition for one of its top four
products due to supply issues at a competitor, allowing Padagis to
gain volume and optimize prices to meet demand shortages. In 2025,
these supply issues have been resolved and we view Padagis' market
share as having normalized.
"Additionally, competition in the market for naloxone (opioid
overdose reversal) is relatively intense, with significant pressure
on price, as the top few providers compete through both traditional
drug distribution and nontraditional sales channels, including
direct sales to governments, first responders, and consumers. We
believe Padagis offers the lowest priced opioid overdose treatment
available on Amazon.com, currently priced about 14% below
originator Narcan. Given constraints to the naloxone supply chain
and substantial bulk purchasing, we expect the competitive dynamics
will be relatively stable over the next two years.
"We believe topicals (e.g., gels, creams, ointments, solutions,
shampoos, and lotions), one of the company's leading product
categories, are facing an increase in low-cost manufacturers and
competition will likely continue to intensify for Padagis. While
manufacturing topical medicines is more complex than that of pills,
the presence of multiple competitors with those capabilities can
keep pressuring the company's profit margins."
Macroeconomic factors could help improve the company's
profitability over the next few years and continue supporting the
rating. Declining interest rates could offset the competitive
pressures Padagis faces. S&P Global Ratings currently forecasts
floating interest rates will decline by about 90 basis points in
2026 and an additional 30 basis points in 2027. These reductions
combined would improve operating cash flow by over $9 million
annually.
S&P said, "We expect recent product launches, notably albuterol
sulfate, to help stabilize EBITDA margins and support a low level
of revenue growth. Additionally, given its manufacturing footprint
in the U.S. and Israel, we believe the company is less exposed to
U.S. tariffs on generic pharmaceuticals. In fact, tariffs could be
a net positive for the company relative to its competitors
manufacturing outside the US, particularly within topical
solutions.
"The negative outlook reflects at least a one-in-three chance that
we could lower our ratings on Padagis within the next 12 months.
This could occur if we expect deteriorating operating margins
stemming from pressures in the generic pharmaceuticals industry
will undermine the company's ability to generate a ratio of free
cash flow to debt above 3%.
"We could lower our rating on Padagis if we expect operating margin
pressures will persist over the medium term and we expect the ratio
of free cash flow to debt to be generally maintained below 3%.
"We could revise the outlook to stable if Padagis' free cash flow
to debt increases and remains above 3%. This could occur if Padagis
can more efficiently manage costs or the revenue contribution from
its newly launched and pipeline products outpace the headwinds from
the price erosion on existing products."
PECF USS III: Moody's Cuts CFR to Ca to 'C', Outlook Stable
-----------------------------------------------------------
Moody's Ratings downgraded PECF USS Intermediate Holding III
Corporation's ("USS") corporate family rating to Ca from Caa3,
probability of default rating to Ca-PD from Caa3-PD. At the same
time, Moody's downgraded the ratings of the backed senior secured
first-lien second-out term loan of Vortex Opco, LLC ("Vortex"), a
USS non-guarantor restricted subsidiary, to C from Caa3, and
affirmed the ratings of Vortex's backed senior secured first-lien
revolving credit facility, backed senior secured first-lien
first-out term loan, and senior secured first-lien first-out notes
at B3. Moody's also downgraded the rating on USS' senior secured
first-lien term loan, and USS' senior unsecured notes to C from Ca.
The outlook for both entities is stable.
The rating action reflects Moody's lower recovery expectations
across all debt classes in the event of a default, following
continued softness in revenue and operating performance and a
deterioration of the company's liquidity. The rating action also
reflects Moody's expectations for sustained free cash flow
deficits, which will further weaken liquidity and increase the risk
of default.
RATINGS RATIONALE
The Ca CFR of USS is primarily constrained by the company's
elevated financial leverage of around 18x debt/EBITDA as of LTM
June 30, 2025, based on Moody's calculations, which Moody's views
as un untenable capital structure, and Moody's expectations of
negative free cash flow over the next 12 to 18 months which Moody's
expects will further deteriorate liquidity. The company's credit
quality is also negatively impacted by Moody's expectations for
continued softness in USS' operating performance and moderate
revenue concentration in the highly cyclical residential and
commercial construction end markets. Furthermore, corporate
governance risks related to the company's concentrated equity
ownership by affiliates of Platinum Equity LLC ("Platinum") and
tolerance for very aggressive financial policies, including
potential debt-funded acquisitions or subsequent distressed
exchanges, also weigh on the credit profile. USS' credit profile
benefits from the company's established position within the
fragmented portable sanitation and related site services solutions
markets with a diverse and national customer base, low customer
concentration and long-standing relationships with high client
retention rates.
USS' liquidity profile is very weak based on Moody's expectations
that the company will continue to incur material free cash flow
deficits over the next 12-15 months that will deteriorate USS's
June 30, 2025 $24.4 million cash balance. As of June 30, 2025, the
company has fully drawn Vortex's $100 million first-lien revolving
credit facility expiring April 2030, and has drawn approximately
$154 million on USS' $220 million asset-based revolver expiring
April 2030. The company has around $44 million of additional
borrowing capacity under this instrument, which Moody's expects the
company will further draw to cover free cash flow deficits. The
asset-based revolver is subject to a covenant limitation of a
springing 1.0x minimum fixed charge coverage ratio if excess
availability falls below 10% of the aggregate commitments. The
first-lien first-out debt (revolver, first-out term loan, first-out
notes) and asset-based revolver are subject to a maximum 8.3x
consolidated first-lien first-out net leverage ratio maintenance
covenant which the company should remain compliant with over the
next 12-15 months.
The B3 ratings for Vortex's first-lien first-out debt instruments
are four notches above USS' Ca CFR and take into account their
priority in the collateral and senior ranking in the overall
capital structure relative to Vortex's C-rated first-lien
second-out term loan and the structurally subordinated term loan
and senior unsecured notes rated C at USS.
The stable outlook reflects Moody's recovery expectations in the
event of default over the next 12-18 months. The company's
financial leverage will remain very high and USS will continue to
incur material free cash flow deficits given its very high interest
expense, resulting in deteriorating liquidity.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if USS can generate healthy revenue
and EBITDA growth such that there is a material decline in the
company's debt/EBITDA. The ratings could also be upgraded if the
company consistently generates positive free cash flow and improves
its liquidity profile. The ratings could also be upgraded if
Moody's recovery expectations in the event of default improve.
The ratings could be downgraded if Moody's recovery expectations in
the event of default diminish further, and if USS' revenue and
profitability remain under pressure, resulting in further weakening
of liquidity and an increase in debt/EBITDA from current levels.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
USS's Ca rating is two notches below the scorecard-indicated
outcome. The difference is explained by the company's weaker than
anticipated operating performance and liquidity, very aggressive
financial policies, and Moody's views that the company's capital
structure is untenable.
Headquartered in Westborough, MA and controlled by affiliates of
Platinum, USS is a provider of portable sanitation units, temporary
fencing, storage containers and temporary electric equipment
serving the construction, commercial, industrial, special event,
government agency, and other end markets. Moody's projects annual
revenue in 2025 will be around $800 million.
PHOEBEN 2 LLC: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: Phoeben 2, LLC
Armenta
c/o Emily Armenta
10601 S Sam Houston Pkwy W
Houston, TX 77071
Business Description: Phoeben 2, LLC, doing business as Armenta,
is a Houston-based jewelry company that
designs and manufactures handcrafted
collections using mixed metals and
gemstones.
Chapter 11 Petition Date: September 12, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Case No.: 25-35368
Judge: Hon. Alfredo R Perez
Debtor's Counsel: Kimberly A. Bartley, Esq.
WALDRON & SCHNEIDER, PLLC
15150 Middlebrook Dr.
Houston TX 77058
Tel: (281) 488-4438
Email: kbartley@ws-law.com
Total Assets: $710,465
Total Liabilities: $3,098,776
The petition was signed by Emily Armenta 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/T4J46VI/Phoeben_2_LLC__txsbke-25-35368__0001.0.pdf?mcid=tGE4TAMA
PINSTRIPE HOLDINGS: Court OKs DIP Loan From Silverview
------------------------------------------------------
Pinstripes Holdings, Inc. and affiliates received interim approval
from the U.S. Bankruptcy Court for the District of Delaware to
obtain post-petition financing to get through bankruptcy.
The debtor-in-possession (DIP) facility has a maximum commitment of
$3.8 million, which includes the roll-up of a $540,000 bridge loan
that Silverview Credit Partners, LP advanced shortly before the
bankruptcy filing to help the Debtors finalize a stalking horse bid
and file in an orderly manner.
Silverview and certain of its affiliates and subsidiaries are the
lenders under the DIP facility, with Silverview acting as DIP
agent. Silverview also holds the majority of the Debtors'
pre-bankruptcy secured debt.
The DIP financing bears 10% payment-in-kind interest per annum and
does not include additional fees or professional fee reimbursements
typically found in DIP facilities. Notably, the DIP agreement does
not require the roll-up of Silverview's other significant
pre-bankruptcy secured claims, which exceed $115 million.
The DIP facility is due and payable on the earliest to occur of (i)
the date that is 50 days after the petition date (September 8,
2025); (ii) 28 days after the petition Date if the final order has
not been entered; (iii) acceleration of the obligations under the
DIP after the occurrence of an event of default or any breach or
failure to comply with the terms of the interim or final order;
(iv) the effective date of a confirmed plan that provides for
indefeasible payment in full, in cash of all obligations owing
under the DIP and is otherwise acceptable to the DIP lenders in
their sole discretion; (v) occurrence of an event of default; or
(vi) the date which is the closing date of any sale of all or
substantially all of the Debtors' assets acceptable to the DIP
lenders.
The Debtors are required to comply with these milestones:
(a) Within seven business days of the Debtors' receipt of bridge
funding: The Debtors must commence these Chapter 11 cases.
(b) Filing date: The Debtors must have filed a motion seeking
approval of the DIP financing, which motion and related orders must
be acceptable to the DIP lenders.
(c) Filing Date: The Debtors must have satisfied the CRO
requirement.
(d) Filing Date: The Debtors must have filed the bidding
procedures motion.
(e) Three Days after Filing Date: The court must have entered
the proposed interim order.
(f) 14 Days after Filing Date: The court must have entered the
bidding procedures order, including the designation of the stalking
horse bidder, in form and substance acceptable to the DIP lenders
in their sole discretion.
(g) 28 Days after Filing Date: The court must have entered the
proposed final order, authorizing the relief sought under the DIP
motion on a final basis, in form and substance acceptable to the
DIP lenders in their sole discretion.
(h) 35 Days after Filing Date: Bid deadline pursuant to the
bidding procedures order.
(i) 40 Days after Filing Date: The Debtors must have held the
auction consistent with the bidding procedures order.
(j) 45 Days after Filing Date: The court must have held a
hearing and entered an order (in form and substance acceptable to
the DIP lenders) approving the sale of the Debtors' assets
consistent with the bidding procedures order.
(k) 50 Days after Filing Date: The sale must close.
Subject to the fee carve-out and senior liens, Silverview and the
other DIP lenders will be granted non-avoidable and perfected
security interests in and liens on all property acquired by the
Debtors before and after their Chapter 11 filing except Chapter 5
avoidance actions. The DIP lenders are also entitled to an allowed
superpriority administrative expense claim.
The Debtors argued that the DIP facility is critical to their
ability to continue operations during the Chapter 11 process and to
pursue a going-concern sale of their assets. At the time of filing,
the Debtors had minimal cash on hand and were unable to secure
alternative financing. Despite efforts to solicit third-party DIP
financing from outside their capital structure, no other parties
expressed interest, largely due to the Debtors' distressed
financial condition, lack of liquidity, and the size and complexity
of existing secured obligations.
The Debtors determined that obtaining unsecured or priming debt was
not feasible, and that negotiating a facility with Silverview,
which is—already a major stakeholder, is the most viable option.
As of the petition date, the Debtors had approximately $143 million
in secured debt, broken down as follows: $36.1 million in
first-lien debt held by Silverview; $15 million in first-lien debt
held by Granite; $85.4 million in second-lien debt acquired by
Silverview from Oaktree Fund Administration, LLC; $350,000 in SBA
loans; $3.7 million in landlord loans; and $2.6 million in
equipment financing. In addition, the Debtors owe about $47 million
in unsecured trade debt and $2.4 million in gift card liabilities.
The assets securing these debts are subject to a series of
intercreditor agreements between Silverview, Granite, and Oaktree,
dividing collateral priority among them.
The Debtors said that the DIP facility was negotiated at arm's
length and in good faith, and that its terms are consistent with
DIP financing commonly approved in the District of Delaware. The
facility does not burden the estate with excessive fees and was
necessary to prevent immediate liquidation, which would severely
diminish asset values and harm stakeholders. The Debtors also
emphasize that the DIP lenders have identified a stalking horse
bidder to purchase the Debtors' business as a going concern, which
will help preserve jobs and vendor relationships while maximizing
value.
Use of Cash Collateral
The court's interim order also approved the Debtors' use of cash
collateral consistent with their approved budget, subject to
permitted variances.
As adequate protection for any diminution in the value of their
interests in the cash collateral, Silverview and the other lenders
under a pre-bankruptcy loan agreement dated March 7, 2023, will be
granted valid and perfected replacement security interests in and
liens on the collateral securing the DIP facility, except avoidance
actions.
In case the replacement security interests and liens prove
inadequate, the pre-bankruptcy lenders will be granted an allowed
superpriority administrative expense claim, subject to the fee
carve-out.
The final hearing is set for October 7. The deadline for filing
objections is on September 24.
A copy of the interim DIP order is available at
https://is.gd/fFrq5C
About Pinstripes Holdings Inc.
Pinstripes Holding, Inc., a Delaware-based company headquartered in
Northbrook, Illinois, owns and operates Pinstripes, Inc. and its
subsidiaries, which run dining and entertainment venues across the
United States. Founded in 2007, Pinstripes Holding generates
revenue from food, beverages, games, and private gatherings at
locations in Florida, Maryland, Illinois, Texas, California, and
Washington, D.C., which feature bowling lanes, bocce courts, bars,
dining rooms, and event spaces for corporate functions, weddings,
and social celebrations.
Pinstripes Holding and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case
No. 25-11677) on September 8, 2025. At the time of the filing,
Pinstripes Holdings reported between $100 million and $500 million
in assets and liabilities.
Judge Karen B. Owens oversees the cases.
Sean M. Beach, Esq., at Young Conaway Stargatt & Taylor, LLP,
represents the Debtor as legal counsel.
PLANET GREEN: Divests Promising Prospect HK
-------------------------------------------
As previously disclosed, in the best interests of Planet Green
Holdings Corp., the Board resolved on April 30, 2025, to
discontinue the operations of Shandong Yunchu Supply Chain Co.,
Ltd.
Subsequently, on September 1, 2025, the Company disposed of its
100% equity interest in Promising Prospect HK Limited for nominal
consideration. Promising HK holds the 100% equity interest in
Shandong Yunchu through Jiayi Technologies (Xianning) Co., Ltd. and
does not own any other operating assets of the Company.
About Planet Green
Planet Green Holdings Corp., headquartered in Flushing, New York,
functions as a Nevada-incorporated holding company rather than an
operating entity in mainland China. Its business operations are
conducted through subsidiaries based in the PRC, Hong Kong, and
Canada. The Company engages in diverse sectors, including consumer
goods, chemical products, and online advertising.
In an April 11, 2025 report, auditor YCM CPA Inc. issued a "going
concern" qualification, citing Planet Green's accumulated deficit,
working capital deficit, continued net losses, and negative
operating cash flows. These conditions raise substantial doubt
about the company's ability to continue as a going concern.
As of June 30, 2025, the Company had $28.14 million in total
assets, $18.07 million in total liabilities, and $10.07 million in
total stockholders' equity.
PLATINUM HEIGHTS: Plan Exclusivity Period Extended to October 3
---------------------------------------------------------------
Judge Alfredo R. Perez of the U.S. Bankruptcy Court for the
Southern District of Texas extended Platinum Heights, LP's
exclusive periods to file a plan of reorganization and obtain
acceptance thereof to October 3 and December 4, 2025,
respectively.
As shared by Troubled Company Reporter, the Debtor explains that
the size and complexity of the Chapter 11 Case warrants extension
of the Exclusive Periods. The Chapter 11 Case required the Debtor's
principal to extend two postpetition unsecured loans as a result of
ongoing issues and negotiations with the Debtor's tenants. The
Debtor has also dealt with ongoing issues with CLS Heights and
related mediation efforts. These issues added unforeseen layers of
complexity to the Chapter 11 Case.
The Debtor claims that the requested extension will enable the
Debtor to secure consensus for a chapter 11 plan that will maximize
the value of the Debtor's estate for the benefit of all
stakeholders, without the risk of competing plans and the attendant
disruption, expense, and delay. The Debtor's obligations are in the
tens of millions, the majority of which is owed to sophisticated
parties. Extension of the Exclusive Periods is, therefore,
justified on the basis of the size and complexity of the Chapter 11
Case.
The Debtor asserts that extending the Exclusive Periods benefits
all parties in interest by preventing a drain on time and
resources, which inevitably occurs when multiple parties with
potentially divergent interests compete for the consideration of
their own respective plans. This Motion is not filed for purposes
of delay but to afford the Debtor an opportunity to further develop
a plan favorable with major stakeholders. The extension requested
is reasonable and realistic in view of the circumstances of this
case and will serve to aid creditors rather than prejudice them.
The Debtor further asserts that extending exclusivity benefits all
parties in interest by preventing the drain on time and the
resources of the Debtor's estate that will occur when multiple
parties, with potentially diverging interests, pursue the
consideration of their own respective plans. All stakeholders in
the Chapter 11 Case will benefit from the continued stability and
predictability that a centralized process provides, which can only
occur while the Debtor remains the sole plan proponents.
Platinum Heights, LP is represented by:
REED SMITH LLP
Omar J. Alaniz, Esq.
2850 n. Harwood Street, Suite 1500
Dallas, Texas 75201
Telephone: (469) 680-4200
Facsimile: (469) 680-4299
E-mail: oalaniz@reedsmith.com
About Platinum Heights LP
Platinum Heights, LP filed a Chapter 11 petition (Bankr. S.D. Texas
Case No. 25-90012) on Feb. 20, 2025, listing between $50 million
and $100 million in both assets and liabilities.
Judge Alfredo R. Perez oversees the case.
Omar Jesus Alaniz, Esq., at Reed Smith, LLP is the Debtor's legal
counsel.
B1 Bank, as secured lender, is represented by Michael P. Menton,
Esq. and Danika L. Lopez, Esq. at SettlePou.
PRESENTATION MEDIA: Wins Interim Cash Collateral Access to Oct. 10
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Los Angeles Division granted Presentation Media Inc. interim
approval to use cash collateral.
The court's interim order authorized the Debtor to use cash
collateral from September 2 through October 10 in accordance with
its budget.
The Debtor may deviate from the budget by up to 15% per week per
category without approval by U.S. Small Business Administration.
Greater variances require SBA's consent or court order.
As adequate protection, SBA and other secured creditors will be
granted replacement liens on all property acquired by the Debtor
after its Chapter 11 filing, excluding avoidance actions and
recoveries.
The replacement liens will have the same validity, priority and
extent as the secured creditors' pre-bankruptcy liens. Moreover,
the liens are automatically valid and perfected as of the petition
date without the need for further filings.
As additional protection, SBA will receive a monthly payment of
$5,000 from the Debtor starting this month.
The next hearing is scheduled for October 9. Objections are due by
September 25.
About Presentation Media Inc.
Presentation Media Inc. provides visual presentation solutions and
manufacturing services primarily for the aerospace and defense
sectors, including clients such as Hughes (now Raytheon), Boeing,
Northrop Grumman, and NASA, and has since expanded to newer clients
like SpaceX, Tesla, Honda, and Lyft. Operating from its Los Angeles
facility, the Company produces large-format graphics, dimensional
letters, signs, 3D printing, sculptural art, and trade show or
museum exhibits, while offering services including 3D modeling,
graphic and interior design, exhibit design, engineering, digital
media, and onsite consultation. PMI also works with strategic
partners that do not have sufficient production capacity,
fulfilling orders on their behalf and maintains its signature
"Midnight Express" overnight production service to deliver projects
by the start of clients' business days.
Presentation Media sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-17723) on September
2, 2025. In its petition, the Debtor reported total assets of
$5,990,852 and total liabilities of $12,204,312.
The Debtor is represented by Steven R. Fox, Esq., at The Fox Law
Corporation.
PYRAMID CONCRETE: Case Summary & One Unsecured Creditor
-------------------------------------------------------
Debtor: Pyramid Concrete Pumping LLC
P.O. Box 1136
Collierville, TN 38017
Business Description: Pyramid Concrete Pumping LLC provides
concrete pumping services in Tennessee,
offering line pumps, boom trucks and
specialized trucks to handle residential,
commercial and industrial projects. The
Company has more than two decades of
industry experience and focuses on
reliability and customer service. It serves
as a contractor for concrete placement,
including projects that require equipment
capable of meeting complex or large-scale
construction demands.
Chapter 11 Petition Date: September 12, 2025
Court: United States Bankruptcy Court
Western District of Tennessee
Case No.: 25-24656
Judge: Hon. Denise E Barnett
Debtor's Counsel: Bo Luxman, Esq.
LUXMAN LAW FIRM
44 N. 2nd Street, Suite 1004
Memphis, TN 38103
Tel: (901) 526-7770
Fax: (901) 526-7957
Email: Bo@luxmanlaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $10 million to $50 million
The petition was signed by Danny Kennedy as member.
The Debtor listed Bank of Holly Springs at 114 South Memphis Street
in Holly Springs, Mississippi, as its sole unsecured creditor, with
a $97,900 claim linked to a credit card.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/JDDFMII/Pyramid_Concrete_Pumping_LLC__tnwbke-25-24656__0001.0.pdf?mcid=tGE4TAMA
QUALITY FIRST: Claims to be Paid from Disposable Income
-------------------------------------------------------
Quality First Construction LLC d/b/a Quality First Marine filed
with the U.S. Bankruptcy Court for the Eastern District of
Louisiana an Original Subchapter V Plan dated September 4, 2025.
The Debtor is a Louisiana limited liability company that owns and
operates a marine transportation and construction company. The
Debtor's sole member and manager is Christina Couvillion.
The Debtor currently owns four vessels: M/V Pam G, M/V Lady
Michelle, M/V Kyle C, and M/V Lil Cruse. The Debtor has moved to
sell the M/V Pam G. The Debtor also intends to sell the M/V Lady
Michelle and M/V Kyle C.
The Debtor is currently negotiating a credit facility with Fidelity
Bank that would be used to fund operations. MV Capt Kedo may also
provide funding from its portion of the sale proceeds of the M/V
Lady Michelle.
This Plan proposes to pay unsecured creditors of the Debtor its
projected disposable income after the Effective Date to be paid
over five years, which is greater than the liquidation value. The
Debtor used a discount rate of 2.75% to determine the present value
to be received by holders of Allowed General Unsecured Claims.
The financial projections indicate that the Debtor, after payments
for expenditures necessary for the continuation, preservation and
operations, unclassified Claims and Secured Claims, will have
projected disposable income for five years. The anticipated
Effective Date is January 1, 2026.
Class 5 consists of the Allowed Convenience Claims. On the
Effective Date, each holder of an Allowed Convenience Claim shall
receive, in full and final satisfaction, settlement, release and
discharge of and in exchange for its Allowed Convenience Claim, a
single Cash payment in an amount equal to the lesser of: (i)
$2,500.00; or (ii) the Allowed Amount of its Claim.
Each holder of an Allowed Convenience Claim or any holder of
Allowed General Unsecured Claim that makes a Convenience Class
Election, is deemed to accept the Plan. The Debtor estimates that
the aggregate amount of Allowed Convenience Claims is $38,253.56.
Class 6 consists of Allowed General Unsecured Claims. In full
satisfaction, settlement, release, and discharge of and in exchange
for such Allowed Claim, holders of Allowed General Unsecured Claims
shall receive a Pro Rata share of Projected Disposable Income
commencing on the Initial Distribution Date and thereafter on each
of the following fifty-nine Distributions Dates.
Each holder of an Allowed General Unsecured Claim may make the
Convenience Class Election. By making such an election, each such
holder affirmatively and irrevocably agrees to: (i) waive their
right to Class 6 treatment; (ii) receive treatment as a Class 5
Convenience Claim; and (iii) vote to accept the Plan as the holder
of a Class 5 Convenience Claim. This Class is impaired.
Class 9 consists of the Debtor. The Debtor shall retain his
interests in property.
Beginning on the Effective Date and continuing for the duration of
the five-year commitment period, the Debtor shall apply all of its
Projected Disposable Income toward the payment of Allowed Claims
under the Plan. Projected disposable income shall be distributed in
accordance with the classification and treatment provisions set
forth in this Plan.
A full-text copy of the Subchapter V Plan dated September 4, 2025
is available at https://urlcurt.com/u?l=JFv856 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Ryan J. Richmond, Esq.
Sternberg, Naccari & White, LLC
450 Laurel Street, Suite 1450
Baton Rouge, LA 70801
Telephone: (225) 412-3667
Facsimile: (225) 286-3046
About Quality First Construction
Quality First Construction, LLC provides marine transportation,
construction, and logistics services along the Gulf Coast. Its
operations include coastal restoration, dredging, oil and gas
support, emergency response and salvage, vessel repairs and
maintenance, and environmental services. Founded in 2005, the
company operates a fleet of vessels and continues to invest in
infrastructure and workforce development.
Quality First Construction sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. La. Case No.
25-11157) on June 6, 2025. In its petition, the Debtor reported
between $1 million and $10 million in assets and liabilities.
Judge Meredith S. Grabill handles the case.
The Debtor is represented by Ryan J. Richmond, Esq., at Sternberg,
Naccari, & White, LLC.
QUEST IDENTITY: S&P Rates First-Lien 3.5-Out Term Loan 'CCC'
------------------------------------------------------------
S&P Global Ratings assigned its 'CCC' issue-level rating to the
first-lien 3.5-out term loan issued by OID-OL Intermediate I LLC
(OID-OL; CCC+/Stable), a wholly owned borrowing subsidiary of Quest
Identity Intermediate Ltd. (the group's ultimate parent;
CCC+/Stable). This is based on a recovery rating of '5'. S&P
affirmed its existing issue-level ratings and the existing issuer
credit ratings are unchanged.
This issuance was the result of a partial exchange of the company's
first-lien fifth-out A-1 term loan, in which the consenting lenders
received a discount on the exchanged principal amount. S&P said,
"We consider this exchange a follow-on transaction of its initial
debt restructuring in June 2025. This is because the affected
lenders were aware of and agreed to the subsequent exchange at the
time of the initial exchange and the transaction was carried out in
the form of an amendment of its existing credit agreement. We also
note the first-lien fourth-out and first-lien fifth-out A-2 term
loans that were primed are entirely held by the company's financial
sponsor."
The new term loan tranche has largely the same terms as the
first-lien fifth-out A-1 term loan, and the exchanged principal
amount was relatively small. S&P therefore does not expect the
transaction to have a material impact on Quest's credit profile.
Issue Ratings - Recovery Analysis
Key analytical factors
-- S&P's 'B' issue-level ratings on Quest's first-lien first-out
term loan and revolver are based on a '1' recovery rating. This
reflects an expectation of very high (90%-100%; rounded estimate:
95%) recovery in the event of a payment default.
-- S&P's 'CCC+' rating on the first-lien second-out term loan is
based on a '3' recovery rating. This reflects an expectation for
meaningful (50%-70%; rounded estimate: 60%) recovery.
-- S&P's 'CCC' ratings on the first-lien third-out term loan,
first-lien 3.5-out term loan and first-lien fifth-out term loan A-1
are based on a '5' recovery rating. This reflects an expectation
for modest (10%-30%; rounded estimate: 10%) recovery.
-- S&P expects the value from the obligor group would be exhausted
by the first-lien first-out and second-out debt claims in its
hypothetical default scenario. This means that the recovery
prospects for the lower ranking debt claims only come from the
value of the nonobligor group.
-- S&P's recovery analysis assumes a hypothetical default in 2027
due to a decline in Quest's revenue, stemming from increasing
competition and a failure to maintain sufficient product
innovation.
Simulated default assumptions
-- Year of default: 2027
-- Emergence EBITDA after recovery adjustments: About $332
million
-- EBITDA multiple: 6.5x
Simplified waterfall
-- Net enterprise value at default (after 5% administrative
costs): About $2.05 billion
-- Valuation split (obligor/nonobligor): 85%/15%
-- Value available to first-lien first-out claims: About $1.74
billion
-- First-lien first-out claims*: About $703 million
--Recovery expectations§: 90%-100% (rounded estimate: 95%)
-- Value available to first-lien second-out claims: About $1.15
billion
-- First-lien second-out claims*: About $1.9 billion
--Recovery expectations§: 50%-70% (rounded estimate: 60%)
-- Value available to first-lien third-out claims: About $11
million
-- First-lien third-out claims*: about $87 million
--Recovery expectations§: 10%-30% (rounded estimate: 10%)
-- Value available to first-lien 3.5-out claims: About $40
million
-- First-lien 3.5-out claims*: About $314 million
--Recovery expectations§: 10%-30% (rounded estimate: 10%)
-- Value available to first-lien fourth-out claims: About $83
million
-- First-lien fourth-out claims*: About $657 million
-- Value available to first-lien fifth-out A-1 claims: About $3
million
-- First-lien fifth-out A-1 claims*: About $25 million
--Recovery expectations§: 10%-30% (rounded estimate: 10%)
-- Value available to first-lien fifth-out A-2 claims: About $64
million
-- First-lien fifth-out A-2 claims*: About $508 million
*All debt amounts include six months of prepetition interest.
Revolving credit facility assumed drawn 85% at default.
§Rounded down to the nearest 5%.
R & L HANDYMAN: Unsecureds Will Get 15% of Claims over 5 Years
--------------------------------------------------------------
R & L Handyman, Inc. filed with the U.S. Bankruptcy Court for the
Middle District of Florida a Plan of Reorganization dated September
5, 2025.
The Debtor operates a handyman and general contracting business in
Lakeland, Florida. The Debtor has been providing handyman and
contracting services to the Central Florida area. As of the
Petition Date of May 7, 2025, the Debtor operates from 1362 Summit
Chase Dr, Lakeland, Florida.
The Plan under Chapter 11 of the Bankruptcy Code proposes to pay
creditors of the Debtor from the Debtor's current and future
earnings.
This Plan provides for one class of priority claims; six classes of
secured claims; one class of general unsecured claims; and one
class of equity security holders.
Unsecured creditors holding allowed claims will receive a pro rata
share of their allowed claim payable over five years. This Plan
also provides for the payment of administrative and priority claims
under the terms to the extent permitted by the Code or by agreement
between the Debtor and the claimant.
Class 9 consists of all general unsecured claims allowed under§
502 of the Code, including any unsecured portion of claims filed by
merchant cash advance providers (the "Standard Payment Class").
Creditors in this class will receive their pro rata share of
approximately 15% of their allowed claims, paid in twenty equal
quarterly distributions over five years, without interest,
commencing on the start of the calendar quarter immediately
following the Effective Date.
This class includes creditors who do not elect enhanced treatment
or who do not agree to release personal guarantees against Raymond
Perdue and Elizabeth Perdue. This Class is impaired.
Class 10 consists of all general unsecured claims allowed under
Section 502 of the Code for creditors who elect enhanced treatment
and agree to release personal guarantees and collection activities
(the "Enhanced Payment Class with Guarantee Release"). Creditors
who elect this enhanced treatment and execute a comprehensive
release of all personal guarantees and collection activities
against Raymond Perdue and Elizabeth Perdue will receive their pro
rata share of approximately 25% of their allowed claims, paid in
twenty equal quarterly distributions over five years, without
interest, commencing on the start of the calendar quarter
immediately following the Effective Date.
Creditors must affirmatively opt into this class by filing an
election within sixty days of the Confirmation Order and executing
the required release documents. This Class is impaired.
Equity will retain ownership in the Debtor post-confirmation. No
distributions will be made to equity until such time as all
payments in Class 8 have been made.
Current management will continue to manage the Debtor post
confirmation. The Plan will be funded by the continued operations
of the Debtor.
A full-text copy of the Plan of Reorganization dated September 5,
2025 is available at https://urlcurt.com/u?l=7nJwI6 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Matthew J. Kovschak, Esq.
Sutton Law Firm
325 W. Main Street
Bartow, FL 33830
Florida Bar No: 602876
(863) 533-8912
Court E-Mail: mjkovschak@aol.com
Attorney's Alt. Email: matt@suttonlawfirm.net
Service Email: djsservice@suttonlawfirm.net
About R & L Handyman Inc.
R & L Handyman, Inc. operates a handyman and general contracting
business in Lakeland, Florida.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 8:25-bk-03055-CPM) on
May 9, 2025. In the petition signed by Elizabeth Perdue, vice
president, the Debtor disclosed up to $50,000 in assets and up to
$500,000 in liabilities.
Judge Catherine Peek McEwen oversees the case.
Matthew J. Kovschak, Esq., at Sutton Law Firm, represents the
Debtor as legal counsel.
RAPID MARINE: Melissa Haselden Named Subchapter V Trustee
---------------------------------------------------------
The U.S. Trustee for Region 7 appointed Melissa Haselden, Esq., at
Haselden Farrow, PLLC as Subchapter V trustee for Rapid Marine
Fuels, LLC.
Ms. Haselden will be paid an hourly fee of $595 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Haselden declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Melissa A. Haselden, Esq.
Haselden Farrow, PLLC
700 Milam, Suite 1300
Pennzoil Place
Houston, TX 77002
Telephone: (832) 819-1149
Facsimile: (866) 405-6038
mhaselden@haseldenfarrow.com
About Rapid Marine Fuels
Rapid Marine Fuels, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Texas Case No.
25-35152) on September 1, 2025, with $500,001 to $1 million in
assets and liabilities.
Judge Jeffrey P. Norman presides over the case.
Mark P. Yablon, Esq., at Yablon Law, PLLC represents the Debtor as
bankruptcy counsel.
REWA PROPERTIES: Hires Mark S. Roher P.A. as Legal Counsel
----------------------------------------------------------
REWA Properties LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Florida to hire Mark S. Roher, Esq. of
the Law Office of Mark S. Roher, P.A. to serve as legal counsel in
its Chapter 11 case.
Mr. Roher will provide these services:
(a) give advice to the Debtor with respect to its powers and
duties as Debtor in possession and the continued management of its
finances;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the Court;
(c) prepare motions, pleadings, orders, applications,
adversary proceedings, and other legal documents necessary in the
administration of the case;
(d) protect the interest of the Debtor in all matters pending
before the Court; and
(e) represent the Debtor in negotiation with its creditors in
the preparation of a plan.
According to the retainer agreement, Mr. Roher will bill at an
hourly rate of $500 and received a $5,000 fee advance/retainer,
with an additional $1,738 Chapter 11 filing fee to be paid directly
to the Bankruptcy Court.
The Law Office of Mark S. Roher, P.A. 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:
Mark S. Roher, Esq.
LAW OFFICE OF MARK S. ROHER, P.A.
1806 N. Flamingo Rd. Suite 300
Pembroke Pines, FL 33028
Telephone: (954) 353-2200
E-mail: mroher@markroherlaw.com
About REWA Properties LLC
REWA Properties, LLC filed Chapter 11 petition (Bankr. S.D. Fla.
Case No. 25-18570) on July 27, 2025, listing between $100,001 and
$500,000 in assets and up to $50,000 in liabilities.
Judge Erik P. Kimball oversees the case.
The Debtor is represented by:
Mark S. Roher, Esq.
Law Office of Mark S. Roher, P.A.
1806 N. Flamingo Rd., Ste 300
Pembroke Pines, FL 33028
Telephone: (954) 353-2200
E-mail: mroher@markroherlaw.com
RIVERFRONT ASSOCIATES: Claims to be Paid from Asset Sale Proceeds
-----------------------------------------------------------------
Riverfront Associates Limited Partnership and U.S. Development Co.,
Inc. filed with the U.S. Bankruptcy Court for the Western District
of Washington a Disclosure Statement accompanying Joint Liquidating
Plan of Reorganization dated September 5, 2025.
USDC was formed in the early 1970s by a group of mostly Washington
based contractors, developers, and investors, led by Martin N.
Sandler, for the purpose of identifying investment and development
opportunities, focused on but not limited to hotels.
The one project that came to fruition was the development,
construction and ownership of a hotel in Spokane, Washington, now
commonly known as the DoubleTree Spokane City Center (the "Hotel").
The Hotel is a 375-room hotel on the Spokane River in downtown
Spokane, located at 322 N. Spokane Falls Ct., interconnected with
the Spokane Convention Center Campus.
After the Hotel opened, operations were not successful. As early as
1978, the company was in default in its financing and the company's
auditors included a going concern qualification in the financial
statements. Almost immediately Riverfront and USDC began to
consider a sale of the Hotel.
After months of such informal contacts, in June 2024, CBRE made a
formal call for expressions of interest from the prospective
purchasers, and received eleven responses. After considerable back
and forth and negotiations between CBRE and potential purchasers,
JMA Ventures, LLC (or its nominee) was selected as the highest
bidder with a bid of $35,000,000. A Purchase and Sale Agreement
("PSA") was negotiated and executed, and on December 4, 2024, the
sale of the Hotel to an affiliate of JMA was closed at that price.
After payoff of the third party senior debt and Loan B, after
payment of costs of sale and other obligations of the property
owning subsidiary and its parent DoubleTree Spokane City Center
LLC, after negotiations with Park over certain aspects of the JV
agreement, and after establishment of certain reserves required
under the PSA and for other purposes, the expectation is that the
net sales proceeds ultimately payable to Riverfront will be
approximately $8 million.
On February 27, 2025, Riverfront received the first tranche of
proceeds from DoubleTree Spokane City Center LLC in the amount of
$4,814,000. That money, along with cash on hand built up in recent
years by the Debtors, is currently on deposit in Riverfront and
USDC accounts.
The cash on hand is the Debtors' most significant asset. Their only
other significant asset is the distribution remaining to be
received from DoubleTree Spokane City Center LLC upon final
resolution of all matters relating to the sale of the Hotel,
including the large reserves established for that purpose. Debtors
estimate that that distribution could be in excess of $3 million,
although that amount assumes there will be no major issues with JMA
or otherwise relating to the sale.
The Plan proposes to pay certain stakeholders of Debtors out of
cash on hand. Such cash resulted in large part from the recent sale
of the Hotel. Since the sale of the Hotel, Debtors have not had any
operating business and have been in the process of winding up their
remaining operations.
Class 2 consists of holders of allowed general unsecured claims
against Riverfront. Class 2 is impaired and is entitled to vote on
the Plan. Debtors estimate there are approximately $936,000 in
original face amount of Class 2 claims, dating back to the mid
1970s. Those claims are much greater today given the passage of
decades of time, and indeed using even a modest interest rate with
compounding of interest would yield a Class 2 claims pool in excess
of $35,000,000.
Class 8 consists of General unsecured creditors of USDC. Class 8
will receive nothing under the Plan and is conclusively deemed to
have voted against the Plan. Given the economics of the Plan,
Debtors have not expended significant effort on quantifying Class 8
claims, but preliminary analyses indicate there is approximately
$190,000 in original face amount of claims in Class 8, without
interest. That amount is considerably higher today given the
passage of time and the accumulation of interest, whether simple
interest or compound interest.
The Plan will be implemented through use of the cash on hand
resulting from the sale of the Hotel and any other cash available
to the Debtors. At the time of preparation of the Plan and
Disclosure Statement the Debtors held approximately $5.0 million,
approximately $235,000 at USDC and the remainder at Riverfront.
Those amounts are after payment of all known prepetition ordinary
course obligations, including amounts incurred in preparation for
the bankruptcy cases, and including an allocation between
Riverfront and USDC of the payments primarily benefiting one entity
or the other.
A full-text copy of the Disclosure Statement dated September 5,
2025 is available at https://urlcurt.com/u?l=kdxjwU from
PacerMonitor.com at no charge.
The Debtor's Counsel:
Alan D. Smith, Esq.
PERKINS COIE LLP
1301 Second Avenue Suite 4200
Seattle, WA 98101-3804
Tel: 206-359-8410
Email: AdSmith@perkinscoie.com
About Riverfront Associates
Riverfront Associates Limited Partnership, formerly involved in
hotel ownership and management, held an interest in the Spokane
City Center DoubleTree in Spokane, Washington through subsidiaries
and a joint venture with a Park Hotels affiliate, and sold the
property on Dec. 4, 2024, to an affiliate of JMA Asset Acquisition
Co., after which its assets primarily consist of cash and
receivables from the hotel operations and sale.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-12476) on Case No.:
25-12476, with $1 million to $10 million in assets and $10 million
to $50 million in liabilities. Rodney B. Ash as president of U.S.
Development Co., Inc., general partner of the Debtor, signed the
petition.
Alan D. Smith, Esq. at PERKINS COIE LLP represents the Debtor as
legal counsel.
RUSS'S MULCH: Case Summary & Eight Unsecured Creditors
------------------------------------------------------
Debtor: Russ's Mulch & Trucking LLC
W220n1600 Jericho Ct
Waukesha, WI 53186-1310
Business Description: Russ's Mulch & Trucking LLC provides general
freight trucking services in Wisconsin,
focusing on the intrastate transport of bulk
and general freight materials.
Chapter 11 Petition Date: September 12, 2025
Court: United States Bankruptcy Court
Eastern District of Wisconsin
Case No.: 25-25134
Judge: Hon. Rachel M Blise
Debtor's Counsel: Kevin Benjamin, Esq.
BENJAMIN LEGAL SERVICES, PLC
1016 W. Jackson Blvd
Chicago IL 60607-2914
Tel: (773) 425-5755
Email: jkb@benjaminlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Brian Hansen as designated
representative and manager.
A full-text copy of the petition, which includes a list of the
Debtor's eight unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/36M75VA/Russs_Mulch__Trucking_LLC__wiebke-25-25134__0001.0.pdf?mcid=tGE4TAMA
SABER AUTOMOTIVE: Unsecureds to Get Share of Income for 36 Months
-----------------------------------------------------------------
Saber Automotive, LLC, submitted an Amended Plan of Reorganization
for Small Business.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $72,000.00.
The final Plan payment is expected to be paid 36 months from the
first of the month following the entry of the order confirming the
plan.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately .015 cents on the dollar. This Plan also provides
for the payment of administrative and priority claims. The dividend
may increase if the estimated Administrative claims are less.
Class 3 consists of all non-priority unsecured claims. The total
gross over 36 months is $72,000. After admin expenses of $20,00 and
the secured creditor of $32,500 remaining disposable income will be
distributed to the unsecured creditors pro rata. The unsecured
creditor will be paid all disposable income after deducting secured
claims and admin claim over 36 months pro rata.
The members of the LLC will retain their equity position.
The plan will be funded by the payment of $2,000 a month for 36
months from the license to use the name granted to Saber
Automotive, LLC (MT). There is no other income.
A full-text copy of the Amended Plan dated September 5, 2025 is
available at https://urlcurt.com/u?l=LEtd63 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Michael R. Totaro, Esq.
Totaro & Shanahan, LLP
P.O. Box 789
Pacific Palisades, CA 90272
Telephone: (310) 804 2157
Email: Ocbatty@aol.com
About Saber Automotive
Saber Automotive LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 24-13090) on Dec. 2,
2024. In the petition filed by Fardis Rezvani, as managing member,
the Debtor reports total assets of $32,500 and total liabilities of
$1,347,548.
The Debtor is represented by Michael R. Totaro, Esq. at TOTARO &
SHANAHAN, LLP.
SAGEHOME LLC: Public Sale of Assets Set for September 30
--------------------------------------------------------
Blue Torch Finance LLC, as administrative agent, to SageHome LLC
("borrower") intends to offer to sell at public sale on Sept. 30,
2025 (Eastern) via videoconference or telephonically the borrower's
assets.
The borrower is in default of its obligations under that certain
financing agreement dated as of July 23, 2025. Agent has been
grated continuing, first-priority security interest in the sale
assets to secured borrower's obligations under the financing
agreement.
The sale is subject to a bid procedures. Prospective bidders must
enter into a confidentiality agreement prior to receiving any due
diligence materials or the bid procedures or participating and
bidding at the sale. Potential bidders must contact Candlewood
Partners, attn: Steve Latkovic at sjl@candlewoodspartners.com.
SERVICE PROPERTIES: Moody's Cuts CFR to 'Caa1', Outlook Stable
--------------------------------------------------------------
Moody's Ratings downgraded Service Properties Trust's ("SVC")
corporate family rating to Caa1 from B3, and the guaranteed and
non-guaranteed senior unsecured ratings to Caa1 and Caa2 from B3
and Caa1, respectively. In addition, Moody's downgraded the senior
secured rating to Caa1 from B3. The speculative grade liquidity
rating remains unchanged at SGL-4. The outlook was revised to
stable from negative.
The downgrade of SVC's ratings reflects the REIT's weak operating
performance and deteriorating cash flow trends, which are impacting
its key credit metrics. SVC's leverage is very high and Moody's
views its capital structure as unsustainable, even considering the
pro forma impact of $920 million of hotel asset sales under binding
agreement. Additional credit concerns include the REIT's low
interest coverage and large upcoming refinancing needs. The
aforementioned asset sales proceeds will help SVC address its 2026
debt maturities, but it has limited financial flexibility as it
seeks to refinance the $1 billion of debt that comes due in 2027.
Moody's believes SVC faces high execution risk as it will be
reliant on further asset sales and secured financing alternatives
as it seeks to strengthen its financial profile.
The stable outlook reflects Moody's expectations that SVC has
sufficient liquidity to meet its 2026 debt obligations which
provides some flexibility as it sees to reduce leverage.
RATINGS RATIONALE
SVC's Caa1 CFR reflects its weak operating performance,
particularly within its hotel portfolio, which comprised about 35%
of its EBITDA for the first half of 2025. The REIT's hotels posted
modest revenue gains, as indicated by revenue per available room
(RevPAR) improving 1.5% during 1H25 versus the prior year period.
However, it still experienced a 15% decline in EBITDA during this
period, driven by high labor and repair expenses, as well as
disruptions associated with renovations. Pro forma for asset sales
under agreement, the hotel portfolio still experienced a 13% EBITDA
decline. Positively, SVC has invested substantial capital into many
of these hotels over the past few years, however its ability to
realize sustained cash flow improvements from these assets remains
uncertain amidst a slowing macroeconomic environment.
SVC's ratings also reflect its very high leverage, with net debt to
EBITDA at 10.4x for last twelve months (LTM) 2Q25, up from 9.8x in
the prior year period. Moody's expects leverage will decline to the
mid-9x range following forthcoming asset sales, as the REIT has
$920 million of hotel properties under binding sales agreements
expected to close by year-end 2025. However, Moody's believes these
leverage levels are unsustainable, particularly given the REIT's
weak operating outlook and low weighted average debt maturity of
3.7 years.
SVC's low interest coverage is an additional credit challenge,
particularly as the REIT is not in compliance with the debt service
coverage covenant on its bonds and therefore unable to incur
additional debt. In July 2025, SVC drew remaining capacity on its
$650 million secured revolver to preserve liquidity in anticipation
of not meeting its covenant compliance test.
SVC's ratings are supported by the company's meaningful scale and
portfolio mix, including hotels and net lease service and
necessity-based retail properties, which provide diversification to
cash flows. In particular, the REIT's net lease investments with
TravelCenters of America Inc. (29% of total investments, as of
2Q25) which have rent payments guaranteed by BP Corporation North
America Inc. (A2 stable), are high quality and lend stability to
cash flows. The ratings also reflect the REIT's still sizable
unencumbered asset pool, which includes some high-quality assets
that can be leveraged to manage future capital needs.
SVC's SGL-4 rating reflects its weak liquidity profile given
expected capital needs over the next 12-18 months. The REIT held
approximately $670 million of cash as of August 06, 2025 following
the full draw-down of its $650 million secured credit revolver that
expires in June 2027 plus two six-month extension options. Moody's
expects that SVC will use existing cash balances and proceeds from
near-term asset sales to repay $800 million of maturities that come
due in 2026. However, the REIT will still need to address $850
million of bonds the come due in 2027. Likely refinancing sources
for these debt repayments include additional asset sales and
secured financings, which could weaken the size and quality of its
unencumbered asset pool. The SGL-4 also reflects the REIT's
inability to comply with the debt service coverage covenant in its
bonds. SVC is unable to incur additional debt as long as it is
beneath this covenant's required minimum threshold.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
SVC's ratings could be downgraded should the REIT's liquidity
weaken further or if it fails to address ongoing refinancing risks
well in advance of maturities. Ratings could also be downgraded if
the company pursues a transaction that Moody's considers to be a
distressed exchange and hence a default under Moody's definitions.
SVC's ratings could be upgraded if the REIT were to resume
compliance and maintain cushion with all bank and bond covenants
and address refinancing needs in a manner that lengthen its
weighted average debt profile. Reducing leverage and sustained
improvements in operating performance would also support a ratings
upgrade.
Service Properties Trust is a real estate investment trust (REIT)
which owns a diverse portfolio of hotels and net lease service
retail (businesses that sell non-physical goods and services) and
necessity-based retail properties across the United States and in
Puerto Rico and Canada. SVC is managed by the operating subsidiary
of The RMR Group Inc., an alternative asset management company
headquartered in Newton, MA.
The principal methodology used in these ratings was REITs and Other
Commercial Real Estate Firms published in May 2025.
Service Properties Trust's Caa1 rating is two notches below the
scorecard-indicated outcome of B2, reflecting high refinancing risk
related to the REIT's short-dated debt profile. The difference is
also explained by execution risk with respect to repositioning its
hotel portfolio.
SHIELDCOAT TECHNOLOGIES: Amends Plan to Include CFP Secured Claim
-----------------------------------------------------------------
Shieldcoat Technologies, Inc. submitted a First Amended Plan of
Reorganization dated September 5, 2025.
The Debtor's Plan of Reorganization provides for the continued
operations of the Debtor to make payments to their creditors as set
forth in this Plan. The Debtor seeks to confirm a consensual plan
of reorganization so that all payments to creditors required under
the Plan will be made directly by the Debtor to their creditors.
The Debtor proposes to pay allowed unsecured based on the
liquidation analysis and cash available. Debtor anticipates having
enough business and cash available to fund the plan and pay the
creditors pursuant to the proposed plan. It is anticipated that
after confirmation, the Debtor will continue in business. Based
upon the projections, the Debtor believes it can service the debt
to the creditors.
The Debtor will continue operating the businesses. The Debtor's
Plan will break the existing claims into nine classes of Claimants.
These claimants will receive cash repayments over a period of time
beginning on or after the Effective Date.
Class 9 consists of the Secured Claim of CFP. This Class consists
of CFP’s Allowed Secured Claim, which Claim, notwithstanding the
definition of the terms "Allowed" when used in respect to a
“Claim” shall be deemed Allowed in the amount of $117,226.96 as
of May 7, 2025. Class 9 is impaired by this Plan and is entitled to
vote to accept or reject this Plan.
Prior to the filing of the Petition, the Debtor and CFP, entered
into a Master Purchase and Sales Agreement ("Factoring Agreement")
as amended and supplemented by a Post-Petition Chapter 11
Bankruptcy Rider to Factoring Agreement ("Rider"). CFP caused to be
filed a UCC-1 Financing Statement with the Texas Secretary of State
on December 13, 2021, which was assigned File No. 21 0055173832.
Contemporaneously, Bobby Marshall as Guarantor, executed a personal
Limited Guarantee in favor of CFP, and individually, absolutely and
unconditionally guaranteed to CFP, the payment and performance of
all obligations and liabilities owing to CFP by the primary
obligor, the Debtor, arising under the Factoring Agreement.
Pursuant to the Bankruptcy Court's Final DIP Financing Order, the
Court approved the stipulations including, but not limited to: (i)
CFP holds an unavoidable, duly perfected first priority ownership
interest in prepetition Purchased Accounts (as defined in the
Factoring Agreement) and an unavoidable, duly perfected first
priority security interest in the Collateral, including, but not
limited to any nonPurchased Accounts that serves to secure CFP's
prepetition Secured Claim arising under the Factoring Agreement.
Pursuant to and as authorized by the Bankruptcy Court's Final DIP
Financing Order, CFP was granted, among other things, a duly
perfected first priority ownership interest in all Accounts that
CFP purchased from the Debtor, post-petition, and a duly perfected
first priority security interest in all assets of the Debtor
acquired after the Petition Date, including but not limited to, all
Accounts, including non-Purchased Accounts, which security interest
secures any now existing and hereafter arising Post Petition
Obligations (as defined in the Final DIP Financing Order) owing by
the Debtor to CFP in accordance with the Factoring Agreement.
Pursuant to the Rider, the following constitutes an Event of
Default under the Post-Petition Agreements, if, "all post-petition
Obligations due the Factor are not repaid in full, without setoff,
recoupment or deduction, by no later than the earlier of conversion
or dismissal of the chapter 11 case, or, the effective date of any
confirmed Plan, unless the Factor agrees to and consents, in
writing, to other treatment under a Plan." The Debtor has notified
CFP that the Debtor will be financially unable to repay all
obligations owing to CFP, in full, upon confirmation of the Plan,
and in order to induce CFP to consent to the Plan, the Debtor has
agreed to preserve for the benefit of CFP, and to grant to CFP.
Like in the prior iteration of the Plan, all allowed unsecured
creditors shall receive a pro rata distribution at zero percent per
annum over the next five years beginning not later than the 1st day
of the first full calendar month following 30 days after the
effective date of the plan and continuing every year thereafter on
a monthly basis at 0.00% per annum. Debtor will distribute
$350,500.00 to the general allowed unsecured creditor pool over the
5-year term of the plan, includes the under-secured claim portions.
The Debtor's General Allowed Unsecured Claimants will receive
22.48% of their allowed claims under this plan. The allowed
unsecured claims total $1,559,081.60.
The Debtor anticipates the continued operations of the business to
fund the Plan.
A full-text copy of the First Amended Plan dated September 5, 2025
is available at https://urlcurt.com/u?l=Cub1sr from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Robert C. Lane, Esq.
The Lane Law Firm, PLLC
6200 Savoy, Suite 1150
Houston, TX 77036
Telephone: (713) 595-8200
Facsimile: (713) 595-8201
Email: notifications@lanelaw.com
About Shieldcoat Technologies Inc.
Shieldcoat Technologies, Inc. d/b/a Cybershield, specializes in
metallized plastic solutions, offering services such as EMI/RFI
shielding, ESD control, chrome plating, and military specification
(Mil-Spec) coatings, including CARC coatings. The Company provides
electroless and electroplating services, conductive paint
applications, and FIP gaskets for various industries, including
consumer electronics, telecommunications, industrial equipment,
medical devices, and military/aerospace sectors. Additionally,
Cybershield offers value-added services such as injection molding,
mechanical assembly, and other manufacturing support to streamline
production and improve supply chain efficiency.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Texas Case No. 25-90067) on March 7,
2025. In the petition signed by Bobby J. Marshal, chief executive
officer, the Debtor disclosed $824,621 in assets and $3,005,698 in
liabilities.
Judge Joshua P Searcy oversees the case.
Robert C Lane, Esq., at The Lane Law Firm, is the Debtor's
bankruptcy counsel.
SILGAN HOLDINGS: Fitch Assigns 'BB+' Rating on Sr. Unsecured Notes
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Fitch Ratings has assigned a 'BB+' rating with a Recovery Rating of
'RR4' to Silgan Holdings Inc.'s new unsecured notes. Proceeds are
intended to repay a portion of outstanding revolver borrowings. The
Long-Term Issuer Default Rating (IDR) is 'BB+' and the Rating
Outlook is Stable.
The 'BB+' rating reflects Silgan's leading positions within the
North American metal food and rigid plastic container markets. The
rating also incorporates its expanding dispensing and specialty
closures segment, stable end-market customers, consistent positive
FCF and adherence to a 2.5x-3.5x net debt leverage policy
post-acquisitions.
Fitch expects Silgan to generate strong annual FCF after dividends
over the next several years, reducing EBITDA leverage below 4.0x
during the forecast period. Management typically funds acquisitions
with cash and debt, and while there may be pressure to increase
shareholder returns, Fitch expects continued adherence to
longstanding conservative financial policies supporting modest M&A
and shareholder returns.
Key Rating Drivers
Resilient Operating Performance: Fitch expects Silgan's organic
volume growth to remain stable. The company's leading position in
non-cyclical end markets would mitigate the impact of a potentially
weak economic environment and cost inflation in North America
arising from tariffs. Silgan's domestic manufacturing and raw
material sourcing partially insulates it from tariffs, while cost
pass-through mechanisms offset cost inflation from raw material
imports.
Acquisition Adds Diversification and Margin: Fitch views the 2024
acquisition of Weener Packaging as aligned with Silgan's stated M&A
strategy of making modest additions in the dispensing and specialty
closures segment. The acquisition enhanced the company's portfolio
in the personal and healthcare markets and expanded its European
presence. The transaction resulted in YE 2024 Fitch-calculated
EBITDA leverage of 4.5x, but Fitch expects it to drop back to
management's targeted range by YE 2025 once full-year benefits of
the acquisition are incorporated. Weener will contribute around
$500 million in revenue and approximately $100 million in EBITDA in
2025.
Leadership in Core Markets: Silgan's ratings are supported by its
large scale and dominant positions in stable end markets. The
company has the No. 1 share of the North American metal food
container market at more than half of the market. It also has
leading positions in the rigid plastic container and dispensing and
specialty closure markets, making Silgan one of the largest global
packaging companies. However, the company is exposed to low
underlying growth trends across much of the metal container and
custom segments.
Industry-Leading Customers: Silgan's core customers are leaders in
the food and consumer industries, including Nestle S.A., Campbell
Soup Company, Kraft Heinz Foods Company, and Procter & Gamble Co.
Silgan has co-located or near-site facilities with many major
customers in the metal container business, creating barriers to
prospective new entrants, and it experiences minimal customer
turnover. Long-term arrangements covering about 90% of metal
containers and most closures and plastic containers sales provide
visibility to Silgan's businesses.
Consistent FCF: Silgan generates consistently positive FCF,
supported by stable EBITDA margins of 14%-16% and the
non-discretionary and predictable nature of end-market demand in
food, beverage, and home and personal care. Margin risk stemming
from raw materials costs (mainly steel, aluminum and resins) are
mitigated by pass-through agreements. Capex requirements are
modest, hovering at 4%-5% of sales. Seasonality in the metal can
business means FCF is concentrated in the fourth quarter, although
Fitch expects Silgan to maintain sufficient liquidity through
availability under a committed $1.5 billion RCF.
Commitment to Conservative Credit Metrics: Silgan targets net
leverage between 2.5x and 3.5x and has operated within this range
for almost 20 years. Stable cash flows and modest cash payouts to
equity investors have supported this achievement. Fitch expects
Silgan will continue to maintain a modest dividend payout
throughout the forecast period and use share buybacks in a
disciplined manner, although capital allocation will remain skewed
toward M&A over cash shareholder returns. Fitch expects the company
will return to the stated range within 18-24 months.
Peer Analysis
Silgan's 'BBB+' peers include Amcor plc (BBB+/Stable), a global
leader in consumer packaging, specializing in flexible packaging,
rigid containers and closures. After its merger with Berry Global,
the combined entity has a broad portfolio across food and beverage,
consumer products and healthcare markets. It is significantly
larger than Silgan in size and EBITDA generation, with a debt
repayment priority.
For 'BBB' peers, AptarGroup Inc. (BBB/Stable) is a leading
manufacturer of pharmaceutical and specialty consumer closures,
sealing and dispensing mechanisms. Silgan is larger than
AptarGroup, with nearly twice the revenue. However, AptarGroup has
higher margins, in the low 20% vicinity, reflecting the weight of
its business in the highly specialized and regulated pharmaceutical
industry. It also maintains total leverage below 2.0x,
significantly lower than Silgan's. AptarGroup's balance sheet is
largely unencumbered, whereas Silgan uses significant secured
debt.
For 'BB' peers, Clydesdale Acquisition Holdings, Inc. (BB/Stable)
became a market leader in foodservice packaging after the Pactiv
Evergreen merger. The combined entity is approximately 1.5x times
bigger in revenue than Silgan, with similar EBITDA margins.
Clydesdale's modest capex requirements and commitment to debt
reduction provides the company a clear deleveraging path.
Key Assumptions
- Weener Packaging contribution in 2025, and normalized revenue
growth afterward in the low-single-digit area;
- Broadly stable margins across business lines, reflecting high
ability to pass through raw materials costs;
- Dividend payout at $0.80 per share, grows 4% annually;
- Fitch assumes a portion of excess cash flow applied to modest
share repurchases in the forecast;
- Interest rates for 2025 and 2026 according to GEO forecast, and
afterward taken from Chatham Financial.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage above 4.0x on a sustained basis, or a weakening
of existing leverage targets;
- A debt-funded acquisition that is not accommodated within
existing financial policies, does not have a clear deleveraging
path within 24 months, or materially changes the predictability of
cash flows;
- A change in capital allocation policies that prioritizes
shareholder returns over deleveraging.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Demonstrated commitment to maintaining EBITDA leverage below 3.5x
on a sustained basis, supported by a clear and credible financial
policy;
- Credit-conscious implementation of the company's M&A strategy
while maintaining or enhancing cash flow consistency;
- Transition to a less encumbered balance sheet.
Liquidity and Debt Structure
Fitch expects Silgan to have adequate liquidity to meet its
financial commitments over the forecast period. As of June 2025,
$1.36 billion was drawn from the $1.5 billion RCF with the draw
including funds to repay the EUR650 million notes as well as
seasonal working capital build. The remaining undrawn portion of
the facility provides liquidity to cover seasonal working capital
requirements. As of YE 2024, $823 million was available in
unrestricted cash.
Silgan's seasonal revolver usage can be significant during the
third quarter, driven by the fruit and vegetable canning business.
Typically, Silgan averages $550 million drawn on its facility
during this time, which is usually paid down by the end of year.
Liquidity during peak borrowing season is usually over $500
million, with around $1 billion of capacity within the revolver and
an additional $100 million or more in cash.
The amended credit agreement extends the company's revolving credit
facility maturity to November 2029 and the senior secured term loan
facility maturity until November 2030. Fitch expects mandatory
amortization payments for credit facilities will be manageable,
given expected positive FCF generation. Therefore, Fitch views
refinancing risk as low.
Issuer Profile
Silgan Holdings Inc. is a leading supplier of rigid packaging for a
range of food, beverage and consumer products, with EBITDA of
approximately $900 million on revenue of $5.9 billion. Silgan
operates 124 facilities in the Americas, Europe and Asia.
Date of Relevant Committee
19 May 2025
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
Silgan Holdings Inc.
senior unsecured LT BB+ New Rating RR4
SMITH ENVIRONMENTAL: Claims to be Paid from Continued Operations
----------------------------------------------------------------
Smith Environmental and Engineering, Inc. filed with the U.S.
Bankruptcy Court for the District of Colorado a Second Amended
Subchapter V Plan of Reorganization dated September 5, 2025.
The Debtor is a Colorado corporation formed in June of 2000. He
Debtor previously provided environmental consulting, engineering,
and constructions services to help businesses and organizations to
comply with regulations, manage risk and adopt sustainable
practices.
Before filing for bankruptcy, the Debtor operated five divisions or
groups within its company: (a) Environmental Construction; (b)
Ecological Services; (c) Hazardous Materials; (d) Environmental
Engineering; and (e) Public Information. The Environmental
Construction division has ceased operations.
On May 15, 2025, the Debtor filed a motion seeking entry of an
order (i) approving an asset purchase agreement and authorizing the
sale of certain of the Debtor's assets under Section 363(b) of the
Bankruptcy Code; (ii) authorizing the sale of assets free and clear
of all liens, claims, rights, encumbrances, and other interests
pursuant to Section 363(f) of the Bankruptcy Code; (iii) approving
the assumption and assignment of certain executory contracts and
unexpired leases pursuant to Section 365 of the Bankruptcy Code;
(iv) waiving the 14 day stay of Fed.R.Bankr.P. 6004(h); (v)
authorizing payment to the Colorado Department of Revenue ("CDOR")
and the Internal Revenue Service ("IRS"); and (vi) granting related
relief (the "Sale Motion").
The Sale Motion was approved on June 3, 2025 and the sale has
closed.
The Debtor sold most of its personal property assets, including
those related to the Ecological Services group, for $625,000.00.
The Debtor paid the Colorado Department of Revenue ("CDOR")
$330,000.00 from the sale proceeds in full satisfaction of its
asserted secured Claim (including any claims against the Debtor's
principals) and sent the remaining net sale proceeds of $295,000.00
to the Internal Revenue Service ("IRS") to be applied first to any
trust fund obligations of the Debtor's principals.
Class 9 consists of the general unsecured creditors of the Debtor.
Holders of Class 9 Allowed Claims shall share on a Pro Rata basis
monies deposited into the Unsecured Creditor Account as set forth
herein.
As set forth in Article III, paragraph 3.2 of this Plan, upon the
first full month following the Effective Date of the Plan the
Debtor will every month in accordance with the terms of this Plan
deposit in the Unsecured Creditor Account, in equal monthly
installments, for the five year term of the Plan: (a) during the
first year of the Plan $23,810.80; (b) during the second year of
the Plan $21,760.80; (c) during the third year term of the Plan
$29,900.80; (d) during the fourth year of the Plan $2,068.80 and
(e) during the fifth year of the Plan $2,068.80. Such funds will be
distributed to the holders of any Allowed Unsecured Claims on a
quarterly basis.
Class 10 includes the Interests in the Debtor, which Interests are
unimpaired by the Plan. Upon confirmation of the Plan, all Class 10
Interest holders will retain their ownership Interests in the
Debtor.
The Debtor shall be empowered to take such action as may be
necessary to perform its obligations under this Plan.
The Debtor believes that the Plan, as proposed, is feasible. The
funding for the Plan will come from the Debtor's continued
operations. As detailed in the Projections, the Debtor will have
sufficient cash on hand and profits during the term of the Plan to
satisfy its Plan obligations. The Debtor has sufficient cash on
hand to pay Administrative Claims and Tax Claims in full on the
Effective Date of the Plan.
The Projections show the Debtor will have sufficient income to
satisfy the payment to creditors during years one through five of
the Plan term after meeting its other expenses.
A full-text copy of the Second Amended Plan dated September 5, 2025
is available at https://urlcurt.com/u?l=o9ARQt from
PacerMonitor.com at no charge.
Counsel to the Debtor:
David J. Warner, Esq.
Wadsworth Garber Warner Conrardy, P.C.
2580 W. Main St., Ste. 200
Littleton, CO 80120
Telephone: (303) 296-1999
Email: dwarner@wgwc-law.com
About Smith Environmental and Engineering, Inc.
Smith Environmental and Engineering, Inc. is a woman-owned
consulting firm that provides comprehensive environmental services,
specializing in ecological sciences, environmental engineering, and
construction. With over 24 years of experience, the company offers
tailored solutions for environmental management, hazardous
materials, and cultural resource projects across various
industries.
Smith Environmental and Engineering sought relief under Subchapter
V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Colo. Case
No. 25-11042) on February 28, 2025. In its petition, the Debtor
reported total assets of $1,486,401 and total liabilities of
$2,975,603.
Judge Michael E. Romero handles the case.
The Debtor is represented by David Warner, Esq.
SOTERA HEALTH: S&P Rates New $1.42BB Sr. Secured Term Loan B 'BB-'
------------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issue-level rating and '3'
recovery rating to Sotera Health Holdings LLC's (BB-/Stable)
proposed $1.42 billion senior secured term loan B due 2031 It will
use the proceeds, to refinance its existing senior secured term
loan B due 2031. The company will also pay down $75 million as part
of this transaction.
S&P said, "We view the transaction as incrementally positive from
an S&P Global Ratings-adjusted leverage perspective, and we expect
the company, depending on final pricing, to benefit from a modestly
lower interest expense. The '3' recovery rating indicates our
expectation for meaningful (50%-70%; rounded estimate: 55%)
recovery in the event of a payment default.
"Our 'BB-' issuer credit rating and stable outlook on Sotera remain
unchanged. The company recently announced a $34 million settlement
relating to its long running ethylene oxide (EtO) emissions
litigation. As a result, S&P Global Ratings-adjusted gross leverage
is projected to rise to 5.1x in 2025, slightly above our 5x
downside trigger. However, we continue to expect its long-term S&P
Global Ratings-adjusted leverage will generally remain below 5x,
given the company's solid track record of mid-single-digit percent
growth and stable EBITDA margins (excluding the cost of legal
settlements)."
SOUTH BAY PROPERTY: Court Affirms Dismissal of Bankruptcy Case
--------------------------------------------------------------
Judge Andre Birotte Jr. of the United States District Court for the
Central District of California affirmed the order of the United
States Bankruptcy Court for the Central District of California
dismissing the bankruptcy case of South Bay Property Homes, LLC
This matter is before the District Court on Appellant Lewis R.
Landau's bankruptcy appeal from the United States Bankruptcy Court.
The Appeal is opposed by South Bay Property Homes, LLC.
On March 19, 2024, the Appellee moved to dismiss its Chapter 11
bankruptcy case while the Related Appeal was pending. On March 26,
2024, the Appellant opposed the dismissal motion on the basis that
the Bankruptcy Court lacked jurisdiction to dismiss the bankruptcy
case under the doctrine of exclusive appellate jurisdiction. The
Bankruptcy Court held a hearing on the dismissal motion and issued
an Order granting the motion on May 31, 2024. The Appellant timely
filed his Notice of Appeal of the Dismissal Order on May 31, 2024.
Appellate jurisdiction is proper in this case under Federal Rules
of Bankruptcy Procedure, Rule 8005(a) and under 28 U.S.C. Sec.
158(c)(1).
The issue on appeal is whether the Bankruptcy Court erred by
entering its Dismissal Order and dismissing the underlying
bankruptcy case while the Related Appeal was pending.
The Appellant argues that the Bankruptcy Court lacked jurisdiction
to dismiss the Chapter 11 case because of the pendency of the
Related Appeal. According to the Appellant, the doctrine of
exclusive appellate jurisdiction prevents the Bankruptcy Court from
altering the status quo of a matter that is pending on appeal. In
addition, the Appellant claims that because dismissing the
bankruptcy case eliminates the ability of this Court to provide
effective relief in the Related Appeal, dismissal of the underlying
bankruptcy case can moot the appeal.
The Appellee argues that the Bankruptcy Court's dismissal of the
bankruptcy case was a proper exercise of its discretion, and that
dismissal was well within its jurisdiction and authority and it was
in the best interests of creditors and the estate. The Appellee
asserts that the Related Appeal is not mooted by the dismissal of
the bankruptcy case because that appeal involves the separate issue
of the disallowance of the Appellant's claim. Further, the Appellee
contends, the invocation of the doctrine of exclusive appellate
jurisdiction is misplaced, as this doctrine does not preclude the
Bankruptcy Court from managing its own docket, including dismissing
a bankruptcy case when reorganization is no longer feasible or
necessary.
The Appellee argues that the Related Appeal involves the
disallowance of the Appellant's claim and is distinct from the
overall bankruptcy case. The District Court agrees. The issue
central to the Related Appeal is whether the Bankruptcy Court
committed error by disallowing the Appellant's proof of claim. The
proof of claim in the Related Appeal involves $95,184.50 in unpaid
legal fees awarded to the Appellant from a prior bankruptcy
proceeding. The underlying bankruptcy case, however, pertains to
the rights of the creditor, JP Morgan Chase Bank, N.A.'s, to the
Debtor's parcel of real property pursuant to a settlement
agreement.
According to the District Court, the disallowance of the
Appellant's claim in the Related Appeal is not central to the
determination of JP Morgan's rights to the real property that was
the subject of the settlement agreement in the underlying
bankruptcy proceeding. In addition, the Appellant's claim for
unpaid legal fees awarded in a separate bankruptcy does not
directly involve the debtor's reorganization. Because the
Appellant's disallowance claim is not closely related to the
bankruptcy case, the District Court finds that it is ancillary to
the case proceedings. Accordingly, the dismissal of the underlying
bankruptcy case does not moot the Related Appeal. The decision of
the Bankruptcy Court to disallow the Appellant's claim is not
mooted simply because it touched on the bankruptcy proceeding or
was adjudicated in it.
The Appellant invokes the doctrine of exclusive appellate
jurisdiction to support his contention that the Bankruptcy Court
improperly dismissed the underlying bankruptcy case. According to
the Appellant, the Bankruptcy Court is prevented by the doctrine of
exclusive appellate jurisdiction from altering the status quo of a
matter that is pending on appeal. The Bankruptcy Court found that
JP Morgan, the primary creditor, had not been paid by the Debtor,
allowing JP Morgan relief from stay to initiate foreclosure
proceedings against the Debtor's real estate property and only
asset pursuant to the terms of the Settlement Agreement.
Appellee contends that the reliance on the doctrine of exclusive
appellate jurisdiction is misplaced and does not preclude the
Bankruptcy Court from managing its own docket, including the
dismissal of a bankruptcy case when
warranted.
In this case the Bankruptcy Court found cause to dismiss the
bankruptcy case after careful consideration of the status and
objectives of the underlying bankruptcy. This finding was made
after review of the intent of the settlement agreement approved by
the Bankruptcy Court and concluding dismissal to be in the best
interest of creditors of the Debtor and the Debtor's bankruptcy
estate. Further, the Bankruptcy Court observed, the Debtor has been
in Chapter 11 for more than a year, and without proposing a plan.
The Bankruptcy Court explained, no creditor of the Debtor with an
allowed claim has opposed the Dismissal Motion. Mr. Landau 1s the
sole objector, whose claim the Court has disallowed, and which
claim, even if allowed, would comprise a fraction of 1% of
currently allowed claims. Lastly, the Bankruptcy Court concluded
that, there is nothing more that the Debtor can accomplish in
Chapter 11.
In light of this comprehensive review coupled with the broad
discretion afforded the Bankruptcy Court, the District Court finds
that the Bankruptcy Court did not abuse its discretion in
dismissing the underlying bankruptcy case nor was its decision
clearly erroneous. Further, considering that the rule of exclusive
appellate jurisdiction is not absolute and is "a judge-made
doctrine" predicated on inherent discretionary authority, the
District Court finds that the Bankruptcy Court did not violate this
doctrine in dismissing the Related Appeal.
A copy of the Court's Order dated September 3, 2025, is available
at https://urlcurt.com/u?l=U1NgH9 from PacerMonitor.com.
About South Bay Property Homes
South Bay Property Homes, LLC is a real estate solutions company in
Los Angeles.
South Bay Property Homes filed a petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. C.D. Calif. Case No. 23-10061) on
Jan. 31, 2023, with $1 million to $10 million in both assets and
liabilities. Steve Miller, manager, signed the petition.
Judge Ronald A. Clifford, III oversaw the case.
South Bay Property Homes, LLC was represented by:
Leslie A. Cohen, Esq.
J'aime Williams Kerper, Esq.
LESLIE COHEN LAW, PC
1615-A Montana Avenue
Santa Monica, CA 90403
Telephone: (310) 394-5900
Facsimile: (310) 394-9280
E-mail: mailto:leslie@lesliecohenlaw.com
mailto:jaime@lesliecohenlaw.com
The case was dismissed on May 31, 2024.
SPLASH BEVERAGE: Increases Authorized Common Shares to 400 Million
------------------------------------------------------------------
Splash Beverage Group, Inc. held a special meeting of stockholders
during which stockholders approved an amendment to the Company's
Articles of Incorporation to increase the number of authorized
shares of common stock from 7.5 million to 400 million shares.
The amendment was filed with the Secretary of State of the State of
Nevada on August 29, 2025, and became effective upon filing.
At the Special Meeting, a quorum was present. The final voting
results of the proposal to amend the Company's Articles of
Incorporation to increase the authorized common stock were as
follows:
* For: 23,468,287
* Against: 2,033,936
* Abstentions: 1,807
* Broker Non-Votes: 0
The full text of the Certificate of Amendment to the Articles of
Incorporation is available at https://tinyurl.com/mrx2tsd9
About Splash Beverage Group
Fort Lauderdale, Florida-based Splash Beverage Group, Inc. is a
portfolio company specializing in managing multiple brands across
various growth segments within the consumer beverage industry. The
Company focuses on incubating and acquiring brands with the aim of
accelerating them to higher volumes and increased sales revenue.
As of December 31, 2024, the Company had $2.8 million in total
assets, $21.4 million in total liabilities, and $18.6 million in
total stockholders' deficit.
Encino, Calif.-based Rose, Snyder & Jacobs LLP, the Company's
auditor since 2023, issued a "going concern" qualification dated
July 11, 2025, attached to the Company's Annual Report on Form 10-K
for the fiscal year ended December 31, 2024. The report indicated
that the Company has suffered recurring losses from operations and
has an accumulated deficit and a working capital deficiency that
raise substantial doubt about its ability to continue as a going
concern.
STATEN ISLAND: Updates Several Secured Claims Pay Details
---------------------------------------------------------
Staten Island Jewish Heritage Network Inc. d/b/a SIHA Foundation
submitted a Second Amended Disclosure Statement describing Second
Amended Plan of Reorganization dated September 4, 2025.
Upon the confirmation of the plan, the Debtor shall continue
business operations. The Debtor plans to offer a feasible plan of
reorganization, providing treatment to all secured claims and
administrative claims, and a pro-rated distribution to all
unsecured undisputed claims and unsecured disputed claims which
filed a proof of claim prior to the bar date established by the
court order.
The Plan will be funded from the funds accumulated on the Debtor's
DIP account, from the date of the petition, as well as from
continuing operating income and reorganized business operations of
the Debtor. In addition, the plan will be funded from the
contribution of Staten Island Hebrew Academy, the tenant and
related entity.
Class II shall consist of the secured claim of NYS Department of
Taxation & Finance, filed in the amount of $295,754.81 and the
secured claim of Internal Revenue Service in the amount of
$700,088.00.
* NYS Dept. of Taxation & Finance. The claims will be paid in
full within 60 months by equal installment payments together with
the statutory rate of interest, commencing on the effective date of
the plan. NYS Department of Taxation and Finance will retain its
lien to the same extent and priority as existed on the petition
date, until paid in full.
* Internal Revenue Service. The claims will be paid in full
within 60 months by equal installment payments, commencing on the
effective date of the plan.
Class IV shall consist of the secured claim of the creditor, the
NYC Water Board, in the amount of $15,325.96. The claim will be
paid in full within 60 months by equal installment payments of
$255.43, commencing on the effective date of the plan. This class
is unimpaired.
Like in the prior iteration of the Plan Class V consists of the
claim of general unsecured creditors of the Debtors, totaling
$387,519.10 and will receive a 15% dividend in 60 monthly
installment payments.
A full-text copy of the Second Amended Disclosure Statement dated
September 4, 2025 is available at https://urlcurt.com/u?l=x4SNb8
from PacerMonitor.com at no charge.
Staten Island Jewish Heritage Network Inc. is represented by:
Alla Kachan, Esq.
LAW OFFICES OF ALLA KACHAN, P.C.
2799 Coney Island Avenue., Suite 202
Brooklyn, NY 11235
Telephone: (718) 513-3145
Email: alla@kachanlaw.com
About Staten Island Jewish Heritage Network
Staten Island Jewish Heritage Network Inc. owns real property
located at 3495 Richmond Rd, Staten Island NY valued at $1.7
million.
Staten Island Jewish Heritage Network Inc. filed its voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
E.D.N.Y. Case No. 23-42581) on July 21, 2023. The petition was
signed by Steven Uzhansky as president. At the time of filing, the
Debtor estimated $1,700,088 in assets and $2,902,436 in
liabilities.
Judge Elizabeth S. Stong presides over the case.
Alla Kachan, Esq., at LAW OFFICES OF ALLA KACHAN, P.C., is the
Debtor's counsel.
SYNDIGO LLC: Moody's Withdraws 'B3' CFR Following Debt Repayment
----------------------------------------------------------------
Moody's Ratings has withdrawn all ratings of Syndigo LLC.
("Syndigo") including the company's B3 corporate family rating and
B3-PD probability of default rating. Concurrently, the company's
B2 senior secured first lien bank credit facility ratings were
withdrawn, which consists of a $50 million revolving credit
facility and $375 million term loan. Syndigo's Caa2 rating on its
$160 million senior secured second lien term loan was also
withdrawn. Prior to the withdrawal, the outlook was stable.
RATINGS RATIONALE
Moody's have withdrawn all ratings following the repayment of all
of the company's outstanding rated debt in conjunction with a
refinancing of its capital structure. The company terminated the
existing credit agreements and all indebtedness outstanding
thereunder was paid off and all commitments under the credit
facilities were terminated.
Syndigo is a leading provider of Product Information Management
("PIM"), Master Data Management ("MDM"), content syndication, and
analytics software tools. The company enables commerce by providing
centralized, accurate, and up to date enterprise data facilitated
by the transfer of information between brands and their customers.
Syndigo provides descriptive product and nutritional information,
images and other digital media, powered by deep analytics to
support brand experiences online and in store. Through the
company's integrated platform clients can publish, manage,
syndicate and audit their product content across the largest
trading network of brands and recipients in the world. Syndigo is
private and does not publicly disclose its financials.
TEXAS MANAGEMENT: Gets Final OK to Use Cash Collateral
------------------------------------------------------
Texas Management Group, LLC received final approval from the U.S.
Bankruptcy Court for the Southern District of Texas, Houston
Division, to use cash collateral to fund operations.
The final order authorized the Debtor to use cash collateral,
including revenue in accordance with its 30-day budget. The budget
shows projected gross revenue of $44,071 and cash disbursements of
$40,467.22.
As adequate protection for the Debtor's use of their cash
collateral, the U.S. Small Business Administration and other
secured creditors will be granted replacement liens on cash
collateral and other property acquired by the Debtor after its
Chapter 11 filing, with the same priority and extent as their
pre-bankruptcy liens.
The replacement liens do not apply to any Chapter 5 causes of
action and are subject to the fee carveout.
The Debtor's authority to use cash collateral terminates upon case
dismissal or conversion to Chapter 7; appointment of a Chapter 11
trustee; expiration of order without extension; or material breach
of the interim order.
SBA holds a blanket lien on all assets of the Debtor based on a
promissory note originally for $150,000, later extended to a total
of approximately $350,000. As of July 15, SBA was owed about
$500,000, making it undersecured by roughly $318,331.
Another creditor, On Deck, also holds a junior blanket lien, based
on a $132,000 loan made in October 2023. On Deck is fully
undersecured and subordinate to SBA.
As of the petition date, the Debtor had approximately $72,821 in
cash, $55,746 in accounts receivable, and a 2019 Ford F-150 valued
at $25,000.
About Texas Management Group LLC
Texas Management Group, LLC offers IT and phone support services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34650) on August 11,
2025. In the petition signed by Scott McAuley, IT director, the
Debtor disclosed up to $500,000 in assets and up to $1 million in
liabilities.
Judge Eduardo V. Rodriguez oversees the case.
Robert C. Lane, Esq., at The Lane Law Firm, represents the Debtor
as bankruptcy counsel.
TRICO MILLWORKS: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: Trico Millworks, Inc.
255 Ossipee Trail
P.O. Box 69
Limington ME 04049
Business Description: Trico Millwork Inc. designs, fabricates, and
installs custom architectural millwork for
commercial construction projects across
Maine and New Hampshire. Founded in 2000,
the Company serves schools, medical
facilities, and office buildings, providing
cabinetry, doors, stair components,
reception and display fixtures, and other
interior woodwork, and holds QCP
Certification from the Architectural
Woodwork Institute. Trico Millwork
collaborates with contractors on projects
ranging from small fit-ups to large-scale
millwork packages.
Chapter 11 Petition Date: September 15, 2025
Court: United States Bankruptcy Court
District of Maine
Case No.: 25-20222
Judge: Hon. Michael A Fagone
Debtor's
General
Bankruptcy
Counsel: Adam Prescott, Esq.
BERNSTEIN SHUR SAWYER & NELSON, P.A.
100 Middle Street
P.O. Box 9729
Portland ME 04101
Tel: 207-774-1200
Fax: 207-774-1127
Email: aprescott@bernsteinshur.com
Debtor's
Financial
Advisor: BCM ADVISORY GROUP
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by David Baker as president.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/T5BAPFA/Trico_Millworks_Inc__mebke-25-20222__0001.0.pdf?mcid=tGE4TAMA
TURTLE LANE: Hires Bowditch & Dewey LLP as Legal Counsel
--------------------------------------------------------
Turtle Lane LLC seeks approval from the U.S. Bankruptcy Court for
the District of Massachusetts to hire Christopher M. Condon of
Bowditch & Dewey LLP to serve as legal counsel in its Chapter 11
case.
Mr. Condon will provide these services:
(a) advising the Debtor with respect to its rights, powers and
duties as a debtor-in-possession in the continued operation and
management of its businesses and properties;
(b) representing the Debtor at all hearings and matters
pertaining to its affairs as debtor and debtor-in-possession;
(c) preparing, on the Debtor's behalf, all necessary and
appropriate applications, motions, answers, orders, reports, and
other pleadings and documents, and reviewing all financial and
other reports filed in this Chapter 11 case;
(d) advising the Debtor with respect to, and assisting in the
negotiation and documentation of, financing agreements and related
transactions;
(e) reviewing and analyzing the nature and validity of any
liens asserted against the Debtor's property and advising the
Debtor concerning the enforceability of such liens;
(f) advising the Debtor regarding its ability to initiate
actions to collect and recover property for the benefit of its
estate;
(g) advising and assisting the Debtor in connection with the
potential sale of the Debtor's assets and preparing documents and
related pleadings concerning same;
(h) advising the Debtor concerning executory contract and
unexpired lease assumptions, lease assignments, rejections,
restructurings and recharacterization of contracts and leases;
(i) reviewing and analyzing the claims of the Debtor's
creditors, the treatment of such claims and the preparation, filing
or prosecution of any objections to claims;
(j) preparing, on the Debtor's behalf, and advising the Debtor
with respect to any plan of reorganization or liquidation and all
pleadings and documents related thereto;
(k) commencing and conducting 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
effectuating the Debtor's reorganization other than with respect to
matters to which the Debtor retains special counsel; and
(l) performing all other legal services and providing all
other necessary legal advice to the Debtor as debtor-in-possession
which may be necessary in the Debtor's bankruptcy proceeding.
Bowditch & Dewey LLP will seek compensation based on its normal and
usual hourly billing rates, which currently range from $395 to $900
per hour for partners, $365 to $580 per hour for of-counsel, $275
to $475 per hour for associates, and $150 to $325 for paralegals.
The billing rate for Mr. Condon is $575 per hour. The firm has
received a $25,000 retainer from Stephen Vona as security for
services to be provided.
Bowditch & Dewey 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 M. Condon, Esq.
BOWDITCH & DEWEY LLP
75 Federal Street
Boston, MA 02110
Telephone: (617) 757-6513
E-mail: ccondon@bowditch.com
About Turtle Lane LLC
Turtle Lane LLC focuses on real estate operations, primarily
offering property-related services.
Turtle Lane LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-11733) on August 21,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $1
million and $10 million.
Honorable Judge Christopher J. Panos oversees the case.
The Debtor is represented by Christopher M. Condon, Esq. at
BOWDITCH & DEWEY, LLP.
TZADIK SIOUX: Comm. Taps Trustee Realty as Real Estate Consultant
-----------------------------------------------------------------
The Official Committee of Unsecured Creditors of Tzadik Sioux Falls
Portfolio I, LLC and its affiliates seeks approval from the U.S.
Bankruptcy Court for the Southern District of Florida to hire Jason
Welt of Trustee Realty, Inc. to serve as its real estate
consultant.
The firm will provide these services:
(a) assist the Debtors in coordinating with existing brokers,
counsel, and other interested parties in connection with the sale
of the Debtors' real estate;
(b) assist the Debtors in evaluating, structuring, negotiating,
and implementing the terms and conditions of proposed
transactions;
(c) if appropriate, develop and implement, subject to the
Debtors' review and approval, a strategic marketing plan for the
subject properties, assist in an auction plan if necessary;
(d) communicate regularly with the Debtors and brokers in
connection with the status of their efforts; and
(e) work with the Debtors' attorneys responsible for the
implementation of proposed transactions, reviewing documents,
negotiating, and assisting in resolving problems which may arise.
Trustee Realty will receive compensation equal to .15% of the gross
purchase price of the subject properties, plus reimbursement of any
reasonable out-of-pocket expenses.
According to court filings, Jason Welt does not hold or represent
an interest adverse to the Debtors' estates and is a
"disinterested" person within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached at:
Jason Welt
TRUSTEE REALTY, INC.
401 East Las Ols Blvd, Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 803-0790
E-mail: JW@JWeltpa.com
About Tzadik Sioux Falls Portfolio I, LLC
Tzadik Sioux Falls Portfolio I, LLC possesses several multi-family
properties in Sioux Falls, SD.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13865) on April 9,
2025. In the petition signed by Adam Hendry, authorized
representative, the Debtor disclosed $65 million in assets and
$46.775 million in liabilities.
Judge Peter D. Russin oversees the case.
Morgan Edelboim, Esq., at Edelboim Lieberman, PLLC, represents the
Debtor as legal counsel.
TZADIK SIOUX: Plan Exclusivity Period Extended to October 6
-----------------------------------------------------------
Judge Peter D. Russin of the U.S. Bankruptcy Court for the Southern
District of Florida extended Tzadik Sioux Falls Portfolio I, LLC
and affiliates' exclusive periods to file a plan of reorganization
and obtain acceptance thereof to October 6 and December 5, 2025,
respectively.
As shared by Troubled Company Reporter, the Debtors explain that
substantially all of the factors for consideration support granting
Debtors' requested extension of the Exclusive Periods. First, this
case is an objectively large and complex chapter 11, there are
eight administratively consolidated debtors with extensive real
property, several secured and unsecured creditors, with partially
overlapping, cross-collateralized claims and encumbrances,
challenges to use of cash collateral, employment and payment of
professionals, and other matters that have and will be brought to
the Court for adjudication.
Second, more time is required because the Debtors recently revised
their first round of appraisals and anticipate receiving the
balance of property appraisals in the next two weeks. Such
valuations are necessary to prepare their disclosure statements as
well as organize a marketing and reorganization process to pay
secured creditors through sales and unsecured creditors through
go-forward operational income.
Third, the Debtors have achieved significant milestones in engaging
local brokers to assist in the marketing and sale process and have
negotiated terms with a national broker to explore portfolio ales.
Fourth, the Debtors are operating pursuant to cash collateral
budgets, are paying operational expenses as well as significant
adequate protection payments, and are paying and making
arrangements to pay administrative claims as they accrue.
Fifth, under all circumstances, the Debtors will be able to
formulate a plan that is a combination of sales and debt
restructuring. Advice of real estate professionals is necessary and
such professionals are assisting debtor in a marketing plan to
maximize value of sales while preserving going concern value of the
properties.
Counsel for the Debtors:
Morgan Edelboim, Esq.
Brett D. Lieberman, Esq.
Edelboim Lieberman Revah PLLC
20200 W. Dixie Highway, Suite 905
Aventura, FL 33180
Tel: (305) 768-9909
Fax: (305) 928-1114
Email: morgan@elrolaw.com
About Tzadik Sioux Falls Portfolio I LLC
Tzadik Sioux Falls Portfolio I, LLC possesses several multi-family
properties in Sioux Falls, SD.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13865) on April 9,
2025. In the petition signed by Adam Hendry, authorized
representative, the Debtor disclosed $65 million in assets and
$46.775 million in liabilities.
Judge Peter D. Russin oversees the case.
Morgan Edelboim, Esq., at Edelboim Lieberman, PLLC, is the Debtor's
legal counsel.
Fannie Mae, as secured lender, is represented by:
Alexis A. Leventhal, Esq.
Keith Aurzada, Esq.
Jay Krystinik, Esq.
Devan Dal Col, Esq.
Reed Smith, LLP
1001 Brickell Bay Drive, Suite 900
Miami, FL 33131
Phone: 786-747-0247
aleventhal@reedsmith.com
kaurzada@reedsmith.com
jkrystinik@reedsmith.com
ddalcol@reedsmith.com
Merchants Bank of Indiana, as secured lender, is represented by:
Scott N. Brown, Esq.
Bast Amron, LLP
One Southeast Third Avenue, Suite 2410
Miami, FL 33131
Telephone: 305.379.7904
sbrown@bastamron.com
UNITED BELIEVERS: Unsecureds Will Get 12% of Claims over 60 Months
------------------------------------------------------------------
United Believers Community Baptist Church filed with the U.S.
Bankruptcy Court for the Western District of Missouri a Second
Amended Combined Plan and Disclosure Statement dated September 5,
2025.
The Debtor is a Non-Profit Corporation since April 27, 1998. The
Debtor has been in the business as a Baptist Church. The Debtor is
affiliated with Missouri Baptist Convention Blue River – Kansas
City Association.
The Debtor financed and constructed a church in 2009 at 5600 East
112th Street, Kansas City, Missouri 64137. The entity that financed
and built that church is affiliated with the deed of trust or
mortgage holder, Church Development Services, LLC. The Debtor has
operated as a church since the construction of the church. The
property suffers from construction defects and deferred maintenance
issues that impair the property.
Since the filing of the Bankruptcy Petition, the Debtor has worked
diligently in formulating a new plan that involves new funding. The
Debtor is working to receive a new loan from Local Initiatives
Support Corporation (LISC – Kansas City), but has no exact
timeline or exact terms or amount. Because of this uncertainty, the
Debtor has proposed this Ch. 11 Plan based on the value of its
assets and cash flow.
This Plan provides for 1 class of secured claims; 2 classes of
unsecured claims; and 0 classes of equity security holders. General
unsecured creditors holding allowed claims, without additional
personal guarantee protection, will receive distributions, which
the proponent of this Plan has valued at approximately twelve cents
on the dollar.
Class 3 consists of the Unsecured Claim of Church Development
Services, LLC with an alleged personal guarantee. The Debtor shall
pay $200.00 a month for 60 months beginning December 15, 2025 to
the unsecured creditors with alleged additional personal guarantees
(Church Development Services). The total distribution shall be
$12,000. This Class is impaired.
Class 4 consists of General Unsecured Creditors not with a personal
guarantee. The Debtor shall pay $400.00 a month for 60 months
beginning December 15, 2025 to the unsecured creditors (Small
Business Administration and DirectTV, LLC) without a personal
guarantee based on a prorata distribution. The total distribution
shall be $24,000. Each unsecured creditor will receive
approximately 12% of their filed claim. This Class is impaired.
Payments and distributions under the Plan will be funded by the
monthly revenue of the Debtor including tithes and donations. The
Debtor also continues to pursue a loan with LISC Local Initiatives
Support Corporation (LISC – Kansas City), but such loan is
contingent.
A full-text copy of the Combined Plan and Disclosure Statement
dated September 5, 2025 is available at
https://urlcurt.com/u?l=k3vXm0 from PacerMonitor.com at no charge.
Counsel to the Debtor:
Colin N. Gotham, Esq.
Evans & Mullinix, P.A.,
7225 Renner Road, Suite 200
Shawnee, KS 66217
Tel: (913) 926-8700
Fax: (913) 962-8701
Email: cgotham@emlawkc.com
About United Believers Community Baptist Church
United Believers Community Baptist Church is a religious
organization in Kansas City, Mo.
United Believers filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. W.D. Mo. Case No. 24-41363) on Sept.
24, 2024, listing as much as $1 million to $10 million in both
assets and liabilities. G. Matt Barberich, Jr. of B. Riley Advisory
Services is the Subchapter V trustee.
Judge Brian T Fenimore oversees the case.
Evans & Mullinix, P.A., serves as the Debtor's legal counsel.
UWM HOLDINGS: Moody's Rates New $600MM Sr. Unsecured Notes 'Ba3'
----------------------------------------------------------------
Moody's Ratings has assigned a Ba3 rating to UWM Holdings, LLC's
proposed $600 million backed senior unsecured notes due in 2031.
The issuer's outlook is stable.
UWM Holdings, LLC is the intermediate holding company of United
Wholesale Mortgage, LLC (United Wholesale). The rating action does
not affect United Wholesale's Ba3 corporate family rating (CFR) or
its existing Ba3 senior unsecured rating. United Wholesale is a
guarantor of the notes. Net proceeds from the offering will be used
to partially pay down existing $800 million of senior unsecured
notes due November 15, 2025. The company will draw on its secured
mortgage servicing rights (MSR) facilities to pay down the
remaining amount.
RATINGS RATIONALE
Moody's views the transaction as credit neutral. Although the
transaction addresses an upcoming maturity and extends the
company's unsecured maturity ladder, lowering refinancing risk,
overall corporate leverage will remain at current levels. Moody's
views the company's use of its MSR facilities to pay down the
remaining amount of the November 2025 notes as a modest credit
negative because it increases the company's reliance on secured
financing.
United Wholesale's Ba3 CFR reflects the company's strong franchise
in the US mortgage market, through-the-cycle earnings capacity and
improving funding profile. As the largest wholesale broker
originator for most of the past decade, United Wholesale has been
able to generate solid earnings, even in weak periods of the
residential mortgage cycle. Leverage has increased over the past
two years, driven in large part by the company's high dividend
payout ratio. However, Moody's expects profitability to continue to
improve over the next 12-18 months, which is expected to lead to a
reduction in the company's leverage.
United Wholesale's Ba3 senior unsecured rating is based on the
company's Ba3 CFR and reflects the ranking of senior unsecured
obligations in the company's capital structure.
The stable outlook reflects Moody's expectations that over the next
12-18 months, the company's profitability will continue to improve
as origination volumes either remain around current levels or
increase, capitalization will improve modestly, and its funding and
liquidity profile will be largely unchanged.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
The ratings could be upgraded if the company: 1) commits to a
financial policy of maintaining tangible common equity to tangible
managed assets (TCE/TMA) above 17.5%; 2) increases its level of
committed warehouse capacity to 25% or more of total warehouse
capacity; and 3) maintains its low reliance on secured MSR
facilities such that the ratio of outstanding MSR debt to total
corporate debt (MSR debt plus unsecured debt) outstanding remains
below 25%.
The ratings could be downgraded if the company's: 1) origination
market share drops materially; 2) profitability weakens whereby
Moody's expects the company's net income to average assets to
remain below 3.0%; 3) TCE/TMA declines to and is expected to remain
below 15.0%; 4) funding or liquidity profiles weaken; or 5)
percentage of non-government sponsored entity and non-government
loan origination volumes grow to more than 15% of the company's
total originations without a commensurate increase in alternative
liquidity sources and capital to address the riskier liquidity and
asset quality profile that such an increase would entail.
In addition, United Wholesale's senior unsecured bond rating would
likely be downgraded if the ratio of secured MSR debt to total
corporate debt increases and is expected to remain above 25%; under
this scenario, Moody's expects the loss on senior unsecured
obligations in the event of default would be materially higher.
The principal methodology used in this rating was Finance Companies
published in July 2024.
V.F. CORP: Moody's Cuts Unsecured Notes to 'Ba3', Outlook Negative
------------------------------------------------------------------
Moody's Ratings affirmed V.F. Corporation's (VF Corp.) corporate
family rating at Ba2 and its probability of default rating at
Ba2-PD. At the same time, Moody's downgraded the senior unsecured
notes ratings to Ba3 from Ba2, senior unsecured shelf and senior
unsecured MTN program ratings to (P)Ba3 from (P)Ba2, subordinate
shelf rating to (P)B1 from (P)Ba3 and preferred shelf rating to
(P)B2 from (P)B1. Its speculative grade liquidity rating (SGL)
remains unchanged at SGL-3. The outlook remains negative.
The downgrades reflect governance considerations including VF
Corp.'s issuance of a $1.5 billion senior secured asset based
revolving credit facility (ABL) due August 2030 to replace its
$2.25 billion senior unsecured revolving credit facility due
November 2026. The new ABL is senior in priority and has a security
interest in substantially all of VF Corp.'s property and assets
which reduces Moody's expected recoveries for the senior unsecured
notes. Although Moody's expects VF Corp. to maintain adequate
liquidity with the company's borrowing bases supporting full access
to the $1.5 billion ABL during its peak fiscal third quarter
borrowing period, the smaller revolver size and pledging of
security reduces the company's overall financial flexibility.
RATINGS RATIONALE
VF Corp.'s Ba2 CFR is supported by its position as one of the
largest global apparel, footwear, and accessory companies, with
revenue of about $9.5 billion for the twelve months ended June
2025. Although the company has multiple brands in its portfolio,
its financial performance is weighted toward The North Face and
Vans, its two largest brands. VF Corp.'s ratings also reflect its
public commitment to a 2.5x leverage target (per the company's
definition). However, debt/EBITDA is currently elevated at 5.4x for
the LTM ended June 28, 2025 and is expected to decline to around
4.5x at the end of VF Corp.'s fiscal 2026. EBITA/interest coverage
is also projected to remain depressed at around 2.5x. The CFR
reflects VF Corp.'s need for a significant turnaround of its Vans
business. While Moody's views the transformation initiatives
positively, the actions continue to be extensive. In addition, the
difficult consumer spending environment and uncertain tariff
environment present notable risks to realizing and sustaining the
revenue and margin improvements required to improve credit metrics.
The company has reduced costs by approximately $300 million with a
significant portion to be reinvested as several organization
changes have supported streamlining processes and works to offset
higher tariff costs which are estimated to be approximately
$250-270 million annually unmitigated. The company expects these
costs to be reduced to approximately $125—150 million annually
with $60-70 million expected to be incurred in fiscal 2026 and all
tariffs to be fully mitigated in 2027.
The SGL-3 reflects Moody's expectations for adequate liquidity as
revolver borrowings are expected to partially repay its upcoming
EUR500 million March 2026 debt maturity as Moody's projects free
cash flow of approximately $300 million in fiscal 2026. The
company's new $1.50 billion senior secured revolving credit
facility (unrated) is subject to a global borrowing base that is
composed of US, UK and Canada eligible receivables and inventory.
The facility also includes a $400 million sub-facility for
borrowing in Switzerland and a $75 million sub-facility for
borrowings in Germany (both also subject to borrowing bases of
eligible receivables and inventory). Its new revolver size is
significantly smaller than its prior facility and is also subject
to borrowing bases which are dependent on its inventory and
receivable levels. VF Corp.'s new ABL has no covenant limitation on
borrowings until the company is below 10% of its Line Cap (which is
the lesser of the global borrowing base or its $1.5 billion line
commitment). The company does have a test for restricted payments
should borrowing go below 15% of the Line Cap.
The negative outlook is supported by Moody's views that the
consumer environment will continue to be challenging as higher
tariffs must also be mitigated presenting significant risks to
earnings growth as its credit metrics remain weak for its Ba2
rating.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be downgraded should VF Corp.'s operational
performance not improve in the second half of fiscal 2026 or near
term debt maturities are not repaid from free cash flow or excess
cash. Ratings could also be downgraded if liquidity deteriorates
for any reason. Quantitatively, VF Corp.'s ratings could be
downgraded if lease-adjusted debt/EBITDA is sustained above 4.0x or
EBITA/interest is sustained below 2.5x.
Ratings could be upgraded should each of its major business
segments post consistent sales and profit growth and with evidence
of solid health of its major brands. A ratings upgrade would also
require at least good liquidity, including positive free cash flow,
and a conservative financial policy. Quantitatively, VF Corp.'s
ratings could be upgraded if lease-adjusted debt/EBITDA is
sustained below 3.25x and EBITA/interest is above 3.5x.
Headquartered in Denver, Colorado, V.F. Corporation is a leader in
branded lifestyle apparel, footwear and related accessories. Its
largest brands, include The North Face, Vans, and Timberland.
Revenue was approximately $9.5 billion for the twelve months ended
June 28, 2025.
The principal methodology used in these ratings was Retail and
Apparel published in November 2023.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
VALKEN INC: Court Extends Cash Collateral Access to Oct. 10
-----------------------------------------------------------
Valken Incorporated received third interim approval from the U.S.
Bankruptcy Court for the District of New Jersey to use cash
collateral.
The court's order authorized the Debtor's interim use of cash
collateral from September 14 to October 10, in accordance with its
budget, subject to a 10% variance per line item.
The Debtor requires the use of cash collateral to maintain
operations, meet payroll, cover equipment leases, and pay other
essential expenses.
As protection for the Debtor's use of their cash collateral, the
lenders will be granted replacement liens on property acquired by
the Debtor after the petition date and the proceeds thereof. These
replacement liens will have the same validity, priority and extent
as the lenders' pre-bankruptcy liens.
The lenders will also receive a superpriority administrative
expense claim in case the replacement liens are not sufficient to
protect their interests.
As further protection, Wilmington Savings Fund Society, FSB and
another lender, Summit Bridge National Investment VIII, LLC, will
continue to receive monthly payments of $20,000 and $5,000,
respectively.
The next hearing is scheduled for October 9. The deadline for
filing objections is on October 2.
About Valken Incorporated
Valken Incorporated sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. N.J. Case No. 25-16742) on June 25,
2025, listing up to $50 million in both assets and liabilities.
Valken President Eugenio Postorivo signed the petition.
Judge Jerrold N. Poslusny Jr. Esq. oversees the case.
Albert A. Ciardi, III, Esq., at Ciardi Ciardi and Astin, represents
the Debtor as legal counsel.
Wilmington Savings Fund Society, FSB, as lender, is represented
by:
Michael E. Brown, Esq.
Dembo, Brown & Burns, LLP
1300 Route 73, Suite 205
Mount Laurel, NJ 08054
Phone: (856) 354-8866
Fax: (856) 354-0971
SummitBridge National Investments VIII, LLC, as lender, is
represented by:
Mark Pfeiffer, Esq.
Buchanan Ingersoll & Rooney PC
700 Alexander Park, Suite 300
Princeton, NJ 08540-6347
Telephone: (215) 665-3921
Facsimile: (215) 665-8760
mark.pfeiffer@bipc.com
VIASAT INC: Stockholders OK All Proposals at Annual Meeting
-----------------------------------------------------------
At the Annual Meeting of Stockholders of Viasat, Inc., stockholders
approved the amendment and restatement of the 1996 Equity
Participation Plan of the Company.
The Restated Equity Plan was previously approved by the Board of
Directors of Viasat, and implemented the following changes:
(1) set the number of shares available for future issuance
from and after the Restatement Effective Date at (A) 6,410,000
shares, plus (B) the number of shares, if any, subject to awards
outstanding under the 1996 Plan on July 1, 2025 or granted after
such date that again become available for issuance on or after July
1, 2025 in accordance with the share counting provisions of the
Restated Equity Plan based on the deduction from the share reserve
originally taken with respect to such awards;
(2) removed the fungible share counting ratio for new awards
granted under the Restated Equity Plan;
(3) removed non-employee director compensation provisions
setting forth the initial and annual grants to Viasat's
non-employee directors, and
(4) extended the period during which incentive stock options
may be granted from 2034 to 2035 and increased the maximum number
of shares that may be issued upon the exercise of incentive stock
options granted under the Restated Equity Plan to 100,000,000
shares.
The Restated Equity Plan became effective upon stockholder approval
at the Annual Meeting.
Also at the Annual Meeting, Viasat's stockholders approved the
amendment and restatement of the Viasat, Inc. Employee Stock
Purchase Plan. The Restated Purchase Plan was previously approved
by the Board and increased the maximum number of shares of common
stock that may be issued under the Restated Purchase Plan by
5,000,000 shares to a total of 16,950,000 shares. The Restated
Purchase Plan became effective upon stockholder approval at the
Annual Meeting.
Furthermore, at the Annual Meeting, the Stockholders:
* Elected Richard Baldridge and Sean Pak to serve as Class II
Directors.
* ratified the appointment of PricewaterhouseCoopers LLP as
Viasat's independent registered public accounting firm for the
fiscal year ending March 31, 2026. Richard Baldridge and Sean Pak
to serve as Class II Directors and
* conducted an advisory vote on executive compensation.
About Viasat Inc.
Headquartered in Carlsbad, California, Viasat, Inc. operates a
consumer satellite broadband internet business, an in-flight
connectivity business, and provides satellite and related
communications, networking systems, and services to government and
commercial customers. Inmarsat operates a satellite communications
network using L-band, Ka-band, and S-band spectrum and provides
voice and data services to customers on land, at sea, and in the
air.
As of June 30, 2025, the Company had $14.90 billion in total
assets, $10.29 billion in total liabilities, and $4.60 billion in
total equity.
* * *
Egan-Jones Ratings Company on November 5, 2024, maintained its
'CCC+' foreign currency and local currency senior unsecured ratings
on debt issued by Viasat, Inc.
VIVACE HOSPITALITY: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------------
Debtor: Vivace Hospitality, LLC
9763 West Broward Blvd.
Fort Lauderdale, FL 33324
Case No.: 25-20637
Business Description: Vivace Hospitality, LLC operates a full-
service dining establishment in Plantation,
Florida, offering Italian cuisine, hand-
tossed pizzas, pasta dishes, and craft
cocktails. The restaurant provides dine-in
and takeout services, with delivery
available through third-party platforms.
Chapter 11 Petition Date: September 12, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Debtor's Counsel: Thomas Zeichman, Esq.
BEIGHLEY MYRICK UDELL LYNNE AND ZEICHMAN
2385 NW Executive Center Drive Suite 300
Boca Raton, FL 33431
Tel: (561) 549-9036
Email: tzeichman@bmulaw.com
Total Assets: $0
Total Liabilities: $2,185,248
The petition was signed by Vito DiSalvo as manager.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/F3DLR6Q/VIVACE_HOSPITALITY_LLC__flsbke-25-20637__0004.0.pdf?mcid=tGE4TAMA
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/YGZW5WY/VIVACE_HOSPITALITY_LLC__flsbke-25-20637__0001.0.pdf?mcid=tGE4TAMA
VYVVE LLC: Claims to be Paid from Disposable Income
---------------------------------------------------
Vyvve, LLC, filed with the U.S. Bankruptcy Court for the Southern
District of Florida an Amended Chapter 11 Plan dated September 5,
2025.
The Debtor focuses on revolutionizing anti-aging cosmetics with
innovative natural, plant-based ingredients that deliver real
results, the Debtor licenses the ingredients and formula used in
skincare products branded and distributed by third party customers.
At the Petition Date the Debtor had one end-use customer who
licensed the Company's formula for its own brand.
The Projection shows that the Liquidating Trustee will have
sufficient projected disposable income to make all payments
pursuant to the terms set forth under the Plan. The final Plan
payment is expected to be paid on or before the expiration of 60
months from the Effective Date.
This Plan proposes to pay Allowed Claims no less than the value of
Vyvve's projected Net Disposable Income for a period of no less
than 36 months. The Plan provides for 4 Classes of creditor claims
(including priority, secured, and unsecured) and one Class of
Equity interests.
Class 3 consists of Allowed General Unsecured Claims. Allowed Class
3 Claims will receive the balance of any recoveries from Retained
Causes of Action after payment in full of: (a) Liquidating
Trustee's fees and costs; (b) fees and costs associated with
prosecution of the Retained Causes of Action and collection
thereof; (c) payment in full of the unpaid balance of Allowed
Administrative Claims; (d) payment in full of Classes 1 and 2.
Class 3 is Impaired and entitled to vote.
Class 4 consists of membership interests of the Equity Shareholders
in Vyvve as disclosed in the Debtor's Equity Security Holder's List
as may be revised or amended from time to time in the ordinary
course of the Debtor's business or to account for new raises of
capital or debt.
On the Effective Date, the Equity Interests will be extinguished
but will receive a pro rata distribution proportionate to the
Equity Interests held on the date of the Confirmation Hearing of
any sums remaining after payment in full to Class 3. Class 4 is
deemed to reject and not entitled to vote.
All property of the Debtor not otherwise disposed of under the
Plan, including without limitation all Retained Causes of Action,
shall transfer, vest in, and be assigned to the Vyvve Liquidating
Trust (the "Liquidating Trust"), free and clear of all liens,
claims, and encumbrances, for the sole purpose of liquidating and
distributing such property in accordance with this Plan. The
Reorganized Debtor shall not retain any interest in such property
except as expressly provided herein.
The Plan proposes to pay Allowed Claims to be paid under the Plan
from Retained Causes of Action.
A full-text copy of the Amended Plan dated September 5, 2025 is
available at https://urlcurt.com/u?l=PM9k8Z from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Robert P. Charbonneau, Esq.
Agentis PLLC
45 Almeria Avenue
Coral Gables, FL 33134
Telephone: (305) 722-2002
Email: rpc@agentislaw.com
About Vyvve LLC
Vyvve, LLC, filed a Chapter 11 petition (Bankr. S.D. Fla. Case No.
25-13760) on April 7, 2025, listing under $1 million in both assets
and liabilities.
Judge Erik P. Kimball oversees the case.
Robert P. Charbonneau, Esq., at Agentis PLLC is the Debtor's legal
counsel.
WALKER EDISON: Owes Top 30 Unsecured Creditors $18.4MM
------------------------------------------------------
Thomas Russell of Home News Now reports that Walker Edison's
Chapter 11 filing in the U.S. Bankruptcy Court for the District of
Delaware reveals that its 30 largest unsecured creditors are owed
more than $18.3 million. These creditors include a wide range of
suppliers, from warehouse and logistics service providers to
furniture and hardware manufacturers based in China, Vietnam, and
Brazil, the report related. In total, the company estimates
liabilities between $100 million and $500 million, with assets of
only $10 million to $50 million, and between 1,000 and 5,000
creditors who may be affected.
According to Home News Now, the Utah-based furniture company, known
for its ready-to-assemble products such as bedroom and dining sets,
sofas, TV stands, home office items, and outdoor furniture,
reported annual sales of about $124 million. Its products are sold
directly through its own website as well as major e-commerce
platforms and retailers including Amazon, Wayfair, Home Depot, and
Walmart. To facilitate the restructuring process, competitor
Twin-Star International has been named as the stalking horse bidder
for Walker Edison’s assets, including its designs and
intellectual property.
The outlook for unsecured creditors remains uncertain, as repayment
will depend on what can be recovered through liquidation or sale of
assets. Given the scale of liabilities compared with assets, many
suppliers may face significant losses. This could influence their
willingness to continue business under new ownership and may create
opportunities for competitors in the ready-to-assemble furniture
market to step in and build new supplier relationships, the report
states.
These unsecured creditors are as follows:
* Kenco Logistic Services – $3,337,555.69.
* Fortune Bonus Wooden Ltd. – $2,239,174.94.
* Gibson, Dunn & Crutcher – $1,952,694.86.
* Troung Vinh Co. – $1,304,472.35.
* Hsien Yang Industries (Vietnam) – $1,303,367.53.
* Artemobili Moveis – $1,186,845.73.
* XPO Logistics Supply Chain – $904,690.29.
* FedEx Corp. – $681,312.84.
* Zhejiang Anji Huiye Furniture – $501,058.11.
* Wei Qiang – $474,727.78.
* Bonham Davis Warehouse – $441,801.52.
* Consilio – $440,440.43.
* Google – $331,148.65.
* MSC Mediterranean Shipping Co. – $302,239.10.
* E-Shine Enterprise Co. – $285,343.83.
* CastleGate Fulfillment – $259,390.66.
* Moveis Katzer LTDA – $224,127.94.
* Idimex do Brasil Industria e Comercio de Moveis LTDA –
$206,729.
* Acosta Inc. – $200,398.46.
* Crowe LLP – $198,254.96.
* Scan Global Logistics – $193,403.45.
* Moveis Serraltense LTDA – $187,691.08.
* Workman Nydegger – $171,893.76.
* Kenshoo Inc. (Skai) – $170,600.
* Maersk Logistics & Services USA – $156,622.
* P&P Moveis E Confeccoes LTDA – $152,050.20.
* Hong Kong Wood Products – $143,275.32.
* Ding Zhi Furniture Co. – $139,654.95.
* Dongguan Her Sheng Pan Hardware Products – $133,271.34.
* Rutan & Tucker – $131,635.33.
About Walker Edison Holdco LLC
Walker Edison Holdco LLC supplies ready-to-assemble home furniture
for major e-commerce platforms.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Dela. Case No. 25-11602-TMH) on August
28, 2025. In the petition signed by Jeffrey P. Werner, chief
executive officer, the Debtor disclosed up to $50,000 in assets and
up to $500 million in liabilities.
Judge Thomas M. Horan oversees the case.
Robert J. Dehney, Esq., at Morris, Nichols, Arsht & Tunnell LLP,
represents the Debtor as legal counsel.
WALKER EDISON: U.S. Trustee Appoints Creditors' Committee
---------------------------------------------------------
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Walker
Edison Holdco, LLC and its affiliates.
The committee members are:
1. Truong Vinh Company Ltd.
Attn: Chung Dieu Kiet
National Road 1, Hamlet 1, Xuan Hung Commune
Xuan Loc District, Dong Nai Province
Vietnam
Phone: +84-025-1375 6425
Email: kiettroungvinh@gmail.com
2. Hsien Yang Industries (Vietnam) Co., Ltd
Attn: Jerry Lin
Lot 1, Tam Phuoc Industries Park
Bien Hoa City, Dong Nai 76000
Vietnam
Phone: 1-801-518-0048
Email: jerry.lin@hsienyangvn.com
3. Artemobili Moveis Ltda.
Attn: Robson Stella and Luciana Cherubini
Avenida Imperatriz Leopoldina
727 Distrito Industrial, Nova Prata RS 95320-000
Brazil
Phone: +55-54-3242 1890
Email: robson.stella@artemobili.com.br
luciana.cherubini@artemobili.com.br.
4. Scan Global Logistics (Shanghai) Co., Ltd.
Attn: Bryan Wang
Unit 2101-2102, 21/F Shenzhen Kerry Centre
2008 Renminnan Road, Luohu District, 518001
Shenzhen, China
Phone: +86-136-3662-5911
Email: brwan@scangl.com
5. Moveis Serraltense LTDA.
c/o Lutz Comercial Exportadora-LTDA
Attn: Daniel Lutz and Udo Guilherme Lutz
438 Centro Cx. Postal 64
Sao Bento do Sul, SC 89280-484
Brazil
Phone: +55-47-3634-1320
Email: daniel@serraltense.com.br
udo.lutz@rossonicassi.com.br
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Walker Edison Holdco
Walker Edison, a Delaware corporation headquartered in West Jordan,
Utah, designs and distributes affordable, ready-to-assemble home
furnishings, operating primarily through e-commerce channels rather
than traditional retail stores. Its business is managed by Walker
Edison Intermediate, LLC and Walker Edison Holdco, LLC, and it owns
EW Furniture, LLC, a Utah-based subsidiary. The company sources
most products from suppliers in Asia and Brazil, distributing them
through its Ohio and California centers or directly via major
e-commerce platforms including Wayfair, Amazon, Walmart, Target,
and Home Depot, with gross sales of roughly $124.6 million in
2024.
Walker Edison Holdco, LLC and three affiliates filed Chapter 11
petitions (Bankr. D. Del. Lead Case No. 25-11602) on August 28,
2025. At the time of the filing, Walker Edison Holdco listed up to
$50,000 in assets and between $100 million and $500 million in
liabilities.
Judge Thomas M. Horan oversees the cases.
The Debtors tapped Morris, Nichols, Arsht & Tunnell, LLP as legal
counsel; Lincoln International, LLC as investment banker; MACCO
Restructuring Group, LLC as transformation advisor. Epiq Corporate
Restructuring, LLC is the Debtors' notice, claims and
administrative agent.
WATCO COMPANIES: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
---------------------------------------------------------------
Fitch Ratings has affirmed Watco Companies, LLC's Long-Term Issuer
Default Rating (IDR) at 'B' and senior unsecured debt at 'BB-' with
a Recovery Rating of 'RR2'. Fitch has also assigned a 'BB-'/'RR2'
rating to the proposed new unsecured notes. The Rating Outlook is
Stable.
Watco plans to issue new senior unsecured notes due 2032. Fitch
does not expect the transaction to materially impact leverage and
coverage metrics. The issuance proceeds are earmarked to redeem the
remaining 2027 senior notes and repay a portion of the senior
secured credit facility.
Fitch's rating case forecasts EBITDA leverage in the 7x range,
including preferred shares, and EBITDA coverage and FFO
fixed-charge coverage in the 3x and 2x range, respectively,
consistent with 'B' rating tolerances.
Key Rating Drivers
Leverage Sub-8x; Coverage Above 3x: Fitch forecasts EBITDA
leverage, including preferred shares, to decline toward the 7x
range following the upsizing of Watco's unsecured notes in 2024 and
recently announced acquisitions. Watco has historically funded most
of its growth through equity raises, and the evolution of its
leverage profile will depend on its future funding mix. The low
burden of cash distributions from the preferred share structure
results in forecast EBITDA interest coverage and FFO fixed-charge
coverage in the 3x and 2x range, respectively.
Short-Line Rail Freight Resilience: Rail freight transportation
plays a key role in the economy's supply chains and has
historically shown resilience to economic cycles, which are
influenced by industrial, commodity, and consumer markets. Rail is
the most cost-effective transportation mode with continuous
national reach, and short-line rails are a critical link for the
first and last mile of the rail freight network.
Watco's stability is underpinned by its established portfolio of
diverse, non-replicable rail assets. Short-line railroads provide
more bespoke services to customers to ensure that rail is an
efficient option for shippers, reinforcing its core supply chain
role. Watco's stability in this sector is supported by management's
strategic focus on lower-cost producers and the fact that the
average customer relationship tenure is more than 30 years,
including those predating Watco ownership.
Debt-Like Preferred Shares: The preferred shares structure contains
debt-like features, including maturity and coupon characteristics,
under Fitch's "Corporate Hybrids Treatment and Notching Criteria,"
which increases Fitch-calculated leverage metrics. Fitch recognizes
that the preferred shares provide flexibility to defer cash
dividends in a stressed scenario and benefit recovery for secured
and unsecured debt. Watco has a history of incorporating series of
preferred shares within its capital structure. Its financial
profile could strengthen if existing shares are replaced with
equity-like securities.
Contracts Moderate Margin Risks: Watco's Port & Terminal segment
has moderated through-the-cycle margin and cash flow variability
through its contract mix, cost-linked terms, and ties to low-cost
supply sources. These features help shield against fluctuations in
commodity price-linked volumes. More than half of EBITDA in this
area is from fixed/minimum volume contracts with an average length
of nine years, providing a stable revenue base. Watco enters
contracts that limit volume risk when investing in site-specific
infrastructure to support a return on invested capital. It is not
directly exposed to commodity price risk but can be affected by the
economics in certain geographies.
Positive Discretionary FCF: Fitch forecasts mildly positive FCF,
excluding growth capex and associated grants, with excess cash
allocated toward capital reinvestment and measured dividends. Cash
flow is supported by the unique operational capabilities and
efficiency-oriented services at the company's terminals that
enhance pricing and increase switching costs. Watco's resilient
rail pricing structure also supports cash flow. The size and timing
of growth investment relative to revenue can result in prolonged
periods of negative FCF. However, Watco's approach to risk
management, including returns-based investment decisions and
contractual terms, is favorable.
Diversification Mitigates Cyclicality: Watco is highly diversified
across markets and customers, mitigating the impact of
idiosyncratic risks on cash flow. Individual markets are exposed to
cyclicality from industrial production and changes in commodity
flows across geographies in which it operates. However, cash flows
have proven resilient through macroeconomic shocks due to strategic
diversification. Short-line rails do not carry intermodal freight,
which is subject to competition from trucking and discretionary
consumer demand. Fitch believes Watco's diverse transportation
network is well-positioned to maintain operational and cash flow
stability through economic cycles
Peer Analysis
Fitch compares Watco to NA Transportation Hold Co. LLC (dba:
Patriot Rail; B+/Stable), another a short-line rail operator, as
both companies benefit from the defensibility of their asset
network leading to a favorable through-the-cycle cash flow profile.
Watco's rail operations are larger and consequently more
diversified than Patriot's. However, it derives a larger portion of
earnings from non-rail operations, which can be comparatively more
variable.
Watco's credit metrics include preferred shares that Fitch treats
as 100% debt under its criteria. Watco's EBITDA leverage is
expected to trend in the 7x range, and its FFO coverage and EBITDA
coverage are forecast in the 2x and 3x range, respectively.
Patriot's leverage in the mid-5x range and its EBITDA coverage
around 2.5x are stronger than Watco's metrics, leading to the
one-notch differential.
Fitch also compares Watco to truck-based transportation and
environmental services peers Forward Air (B/Negative) and Waste Pro
USA, Inc. (B+/Stable). Watco's rail, port, and terminal
transportation services have advantages over trucking due to high
barriers to entry afforded by its expansive asset network and lower
cost base relative to truck operators. Waste Pro's collection model
also has lower barriers to entry, but its multiyear contracts with
customers are a relative strength. Forward Air is expected to
operate with leverage between 4x and 5x at the 'B' rating level,
and Waste Pro in the high-4x range at 'B+'.
Key Assumptions
- Organic revenue growth is forecast in the low-to-mid-single-digit
range, driven by a mix of yield improvements, low-single-digit
growth in volumes, and in-progress network expansion;
- EBITDA margin is forecast to remain in the high teens, supported
by continued pricing improvements and contract renegotiations at
main sites;
- Preferred and common equity cash distributions held at historical
rates;
- Gross maintenance capex (before grants or subsidies) at about
9%-10% of revenue through the forecast, and expansionary capex
expected to remain opportunistic;
- SOFR rates assumed at 4.3% in 2025, stabilizing around 3.7%
thereafter.
Recovery Analysis
The Recovery Rating assumes that Watco would be reorganized as a
going concern in a bankruptcy scenario rather than liquidated. A
10% administrative claim on the enterprise value is assumed.
The going concern EBITDA estimate reflects Fitch's view of a
sustainable, post-reorganization EBITDA level on which Fitch bases
the enterprise valuation. The going concern EBITDA estimate of $270
million reflects a hypothetical scenario in which the business
faces a material, sustained decline in demand at one or more of its
subsectors/markets or a severe downturn in North American
industrial production.
An enterprise valuation multiple of 7.5x is applied to the going
concern EBITDA to calculate post-reorganization enterprise value.
This multiple considers Watco's through-the-cycle cash flow profile
derived from its diversified geographic and end market mix,
advantaged asset network, and strong position in the North American
industrial supply chain. It also considers valuation multiples for
comparable rail and terminal assets.
The secured credit facility receives priority above the unsecured
notes in the distribution of value in the recovery waterfall. The
Recovery Rating analysis results in a 'BB-'/'RR2' recovery for the
unsecured notes.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA interest coverage sustained below 2x;
- Heightened liquidity risk indicated by sustained revolver
availability below 25% or a shift toward payment-in-kind-only
distributions;
- Fitch-defined EBITDA leverage sustained above 8.5x, including a
material change in funding strategy;
- A shift in the funding mix toward secured or unsecured debt could
impact the recovery on unsecured notes.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Fitch-defined EBITDA leverage sustained below 6.5x, including a
material change in funding strategy or capital structure mix;
- EBITDA interest coverage or FFO fixed-charge coverage sustained
above 2.5x;
- Stronger liquidity position, including at least 75% available on
the revolver.
Liquidity and Debt Structure
Watco had adequate liquidity as of 2Q25, consisting of $322 million
available on the revolver and $11 million cash on hand. The 2027
senior unsecured notes mature in 2027, followed by the revolver in
2029 and 2032 senior unsecured notes.
Issuer Profile
Watco provides a diverse set transportation and supply chain
services across North America and Australia. The company owns and
operates over 7,000 miles of short-line railroad and 78 terminals
and ports.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Watco Companies, LLC LT IDR B Affirmed B
senior unsecured LT BB- New Rating RR2
senior unsecured LT BB- Affirmed RR2 BB-
WATERMAN-SMITH I: Unsecureds Will Get 100% of Claims in Plan
------------------------------------------------------------
Waterman-Smith I, LLC filed with the U.S. Bankruptcy Court for the
Eastern District of Louisiana a Disclosure Statement describing
Plan of Reorganization dated September 5, 2025.
The Waterman Smith building is located in downtown Mobile, Alabama.
It was built in 1947. It is a 19 floor building with approximately
66,000 square feet of leasable space.
The property was acquired by the Debtor in 2016. The economics of
the building have changed over the years. The Debtor believes that
stabilized occupancy is 45% at a rate of $18.00 per square foot.
An appraisal of the Debtor's property was performed in February of
2024. The appraisal placed the value of the property at $4,400,000.
The Debtor has equity in the property and, as such, all creditors
are being paid in full.
The Plan contemplates the reorganization of the Debtor, through the
infusion of new capital, and its emergence from Chapter 11 after
the resolution of all outstanding Claims against and Partnership
Interests in the Debtor.
After the emergence from Chapter 11, the Debtor will have a new
general partner and will retain a new property manager for the
Debtor's multifamily residential apartment buildings. Subject to
the specific provisions set forth in the Plan, all of the pre
petition obligations owed to the Debtor’s unsecured creditors and
certain secured creditors will, as a general matter, be paid in
full.
Class 5 consists of General Unsecured Claims. Class 5 is impaired
under the Plan, and the holders of Class 5 Claims are entitled to
vote on the Plan. The Debtor shall pay each holder of an Allowed
Unsecured Claim against the Debtor on account of and in full
satisfaction of such Allowed Unsecured Claim, Cash equal to the
amount of the Allowed Unsecured Claim, in four equal quarterly
payments beginning on the 3rd month anniversary of the Effective
Date.
Holders of Allowed Class 5 Claims shall not be entitled to interest
with respect to their Allowed Class 6 Claims for any period after
the Petition Date. The total estimate of the Allowed Class 6 Claims
is approximately $10,682.06. This Class will receive a distribution
of 100% of their allowed claims.
Class 6 consists of Interest Holders. Class 6 is impaired under the
Plan. The interest holders shall make the Equity Contribution to
the Debtor to retain their interest in the Debtor. The capital
contribution shall be $300,000 paid to the Debtor on the Effective
Date of the Plan. The uses of the Equity Contribution shall be: a)
$100,000 additional security for the Secured Lender; b) $200,000.00
for a generator for the building to satisfy the outstanding request
from the City of Mobile; and c) $50,000.00 for a working capital.
Interest in the Debtor is retained.
The payments under the Plan will be paid out of two sources. The
first is the operating revenue for the building and the second is a
capital contribution by the Debtor. The funds for capital
contribution will come from the sale of 12 acres in Hammond,
Louisiana that is currently under contract.
The Debtor adjusting for one time costs incurred at the building
has averaged $11,000 per month in net revenue. Due to additional
tenants moving in the building, it is expected that the net revenue
as of the Effective Date should be around $25,000.00 per month. Any
shortfall in plan payments and cost of operation will be covered by
the interest reserve of $100,000.00 and the working capital reserve
of $50,000.00. The Debtor's pro forma reflects yearly cash
available and the MAI appraisal projects $486,000.00 per year. The
MAI uses a pre-stabilized NOI of $327,000.00.
A full-text copy of the Disclosure Statement dated September 5,
2025 is available at https://urlcurt.com/u?l=2TIzfF from
PacerMonitor.com at no charge.
Counsel for the Debtor:
Douglas S. Draper, Esq.
Leslie A. Collins, Esq.
Greta M. Brouphy, Esq.
Michael E. Landis, Esq.
Heller, Draper & Horn, L.L.C.
650 Poydras Street, Suite 2500
New Orleans, LA 70130
Telephone: (504) 299-3300
Fax: (504) 299-3399
About Waterman-Smith I LLC
Waterman-Smith I, LLC is a real estate lessor whose principal
assets are located at 61 St. Joseph Street in Mobile, Alabama.
Waterman-Smith I sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. La. Case No. 25-11190) on June 11,
2025. In its petition, the Debtor reported estimated assets between
$1 million and $10 million and estimated liabilities between
$50,000 and $100,000.
Judge Meredith S. Grabill handles the case.
The Debtor is represented by Douglas S. Draper, Esq., at Heller,
Draper & Horn, LLC.
WEATHERMASTER ROOFING: Case Summary & 20 Top Unsecured Creditors
----------------------------------------------------------------
Debtor: Weathermaster Roofing Co., Inc.
259 West Service Highway
Binghamton, NY 13901
Business Description: Weathermaster Roofing Company, Inc.,
established in 1984, provides commercial and
institutional roofing installation and
architectural sheet metal services,
operating in the Southern Tier region of New
York. The Company specializes in single ply
systems, modified bitumen systems, and
specialty roofing systems. It is licensed,
bonded, and carries full liability and
workers' compensation insurance.
Chapter 11 Petition Date: September 12, 2025
Court: United States Bankruptcy Court
Northern District of New York
Case No.: 25-60824
Judge: Hon. Wendy A Kinsella
Debtor's Counsel: Peter A. Orville, Esq.
ORVILLE & MCDONALD LAW, P.C.
30 Riverside Drive
Binghamton, NY 13905
Tel: 607-770-1007
Fax: 607-770-1110
Total Assets: $1,704,705
Total Liabilities: $2,597,003
The petition was signed by Greg Griffiths 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/EYA6S6A/Weathermaster_Roofing_Co_Inc__nynbke-25-60824__0001.0.pdf?mcid=tGE4TAMA
WELLNESS AND HYDRATION: Unsecureds to Split $3,400 over 3 Years
---------------------------------------------------------------
The Wellness and Hydration Clinic, LLC filed with the U.S.
Bankruptcy Court for the Middle District of Florida a Plan of
Reorganization dated September 4, 2025.
The Debtor is a Florida limited liability company created by
Articles of Organization filed with the Florida Secretary of State
on or around November 24, 2020 with an effective date of January 1,
2021.
The Debtor is a direct primary health care company based in
Sanford, Florida. The Debtor's principal place of business is
located at 580 Lexington Green Lane, Sanford, FL 32771 (the
"Premises"), which the Debtor leases from Stewart Real Estate
Developers, LLC ("Landlord").
This Plan provides for 1 class of secured claims, 1 class of
unsecured claims; and 1 class of equity security holders.
The Plan Proponent must also show that it will have enough cash
over the life of the Plan to make the required Plan payments and
operate the Debtor's business. The Debtor's projected disposable
income is $3,309.00.
Class 2 consists of the Allowed Unsecured Claims against the
Debtor. This Class is Impaired.
* Consensual Plan Treatment: The liquidation value or amount
that unsecured creditors would receive in a hypothetical chapter 7
case is approximately $0.00. Accordingly, the Debtor proposes to
pay unsecured creditors a pro rata portion of $3,400.00. The
Reorganized Debtor shall pay said amount in equal quarterly
payments of $283.33 and shall be disbursed pro rata to the holders
of Allowed General Unsecured Claims. Payments shall commence on the
fifteenth day of the month, on the first month that begins more
than fourteen days after the Effective Date and shall continue
quarterly for eleven additional quarters. Pursuant to Section 1191
of the Bankruptcy Code, the value to be distributed to unsecured
creditors is greater than the Debtor's projected disposable income
to be received in the 3-year period beginning on the date that the
first payment is due under the plan. Holders of Class 2 General
Unsecured Claims shall be paid directly by the Debtor.
* Nonconsensual Plan Treatment: The liquidation value or
amount that unsecured creditors would receive in a hypothetical
chapter 7 case is approximately $0.00. Accordingly, Debtor proposes
to pay unsecured creditors a pro rata portion of its projected
Disposable Income, $3,309.00. If the Debtor remains in possession,
plan payments shall include the Subchapter V Trustee's
administrative fee which will be billed hourly at the Subchapter V
Trustee's then current allowable blended rate. Plan Payments shall
commence on the first month following the Effective Date, and shall
continue quarterly for eleven additional quarters. The quarterly
payment for the first four quarters shall be $107.50. The quarterly
payments for the second four quarters shall be $224.00. The
quarterly payments for the final four quarters shall be $495.75.
Holders of Class 2 claims shall be paid directly by the Debtor.
Class 3 consists of any and all equity interests and warrants
currently issued or authorized in the Debtor. This Class is
Unimpaired. Holders of Class 3 interests shall retain their full
equity interest in the same amounts, percentages, manner and
structure as existed on the Petition Date.
The Plan contemplates that the Reorganized Debtor will continue to
operate the Debtor's business.
Except as explicitly set forth in this Plan, all cash in excess of
operating expenses generated from operation until the Effective
Date will be used for Plan Payments or Plan implementation, cash on
hand as of Confirmation shall be available for Administrative
Expenses.
A full-text copy of the Plan of Reorganization dated September 4,
2025 is available at https://urlcurt.com/u?l=kam6PJ from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jeffrey S. Ainsworth, Esq.
BransonLaw, PLLC
1501 East Concord Street
Orlando, Florida 32803
Telephone: (407) 894-6834
Facsimile: (407) 894-8559
About The Wellness and Hydration Clinic
The Wellness and Hydration Clinic, LLC is a direct primary health
care company based in Sanford, Florida.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-05493) on August 29,
2025, with $100,001 to $500,000 in assets and liabilities.
Judge Tiffany P. Geyer presides over the case.
Jeffrey Ainsworth, Esq. at Bransonlaw PLLC represents the Debtor as
legal counsel.
WHITESTONE CROSSING: Seeks to Extend Plan Exclusivity to Nov. 10
----------------------------------------------------------------
Whitestone Crossing Austin LLC, asked the U.S. Bankruptcy Court for
the Northern District of Texas to extend its exclusivity periods to
file a plan of reorganization and obtain acceptance thereof to
November 10, 2025 and January 9, 2026, respectively.
The Debtor explains that cause exists to grant the relief requested
in this Motion. First, the progress in this Bankruptcy Case was
significantly delayed because the Debtor was initially represented
by counsel who did not have a solid understanding of Chapter 11
practice, and the Debtor replaced its counsel a mere two months
ago.
Second, since current counsel has been engaged, the Debtor has
negotiated a long-term cash collateral agreement with Lument, the
senior lender, worked to amend the Schedules and Statement of
Financial Affairs, and concluded the Meeting of Creditors just last
week. Only now is the Bankruptcy Case ready to turn to plan
formulation and filing.
Third, a major disputed secured claim is the Judgment, which was
voluntarily mediated by the Debtor on September 4, 2025. Fixing the
amount of that claim or deciding that the Judgment must be appealed
is a gating issue for formulation of the Plan. Additionally, the
Debtor has been operating within the protection of chapter 11 for
slightly under four months and has generated sufficient revenues to
satisfy its post-petition obligations as they come due through the
authorized use of cash collateral.
The Debtor claims that this Motion represents its first request for
an extension of the Exclusivity Period and this request will not
unfairly prejudice or pressure the Debtor's creditors or grant the
Debtor any unfair bargaining leverage. The Debtor believes that the
requested extension is warranted and appropriate under the
circumstances.
Whitestone Crossing Austin, LLC is represented by:
J. Mark Chevallier
Michael T. Pipkin
ROCHELLE MCCULLOUGH LLP
901 Main Street, Suite 3200
Dallas, TX 75202
Telephone: (214) 953-0182
Facsimile: (888) 467-5979
Email: mchevallier@romclaw.com
mpipkin@romclaw.com
About Whitestone Crossing Austin
Whitestone Crossing Austin, LLC operates Whitestone Crossing, an
apartment community located in Cedar Park, Texas. The property
offers one- and two-bedroom units featuring modern amenities such
as nine-foot ceilings, fiber-ready internet, and in-home washers
and dryers. The community also provides facilities including a
swimming pool, clubhouse, and fitness center.
Whitestone Crossing Austin sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-31768) on May
12, 2025. In its petition, the Debtor reported estimated assets and
liabilities between $10 million and $50 million.
Judge Stacey G. Jernigan handles the case.
The Debtor is represented by Abhijit Modak, Esq., at Abhijit Modak,
Attorney at Law.
LFT CRE 2021-FL1, Ltd., acting through Lument Real Estate Capital,
is represented by:
Brent McIlwain, Esq.
Christopher A. Bailey, Esq.
Holland & Knight, LLP
1722 Routh Street, Suite 1500
Dallas, TX 75201
Telephone: 214.969.1700
brent.mcilwain@hklaw.com
WILLIAMS TREE: Taps Magee Goldstein Lasky as Legal Counsel
----------------------------------------------------------
Williams Tree Service LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Virginia to hire Andrew S.
Goldstein of Magee Goldstein Lasky & Sayers, P.C. to serve as legal
counsel in its Chapter 11 Subchapter V case.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties as
debtor in possession in the continued management of its business
and properties;
(b) advise and consult on the conduct of the Bankruptcy Case;
(c) attend meetings and negotiate with representatives of
Debtor's creditors and other parties in interest;
(d) take all necessary action to protect and preserve the
Debtor's estate;
(e) prepare all pleadings, including motions, applications,
answers, orders, reports, and papers necessary or otherwise
beneficial to the administration of the Debtor's estate;
(f) represent the Debtor in connection with obtaining
post-petition financing, if necessary;
(g) advise the Debtor in connection with any potential sale of
assets;
(h) appear before the Court to represent the interests of the
Debtor's estate before the Court;
(i) take any necessary action on behalf of the Debtor to
negotiate, prepare on behalf of the Debtor, and obtain approval of
a chapter 11 plan and documents related thereto; and
(j) perform all other necessary or otherwise beneficial legal
services to the Debtor in connection with prosecution of this
Bankruptcy Case, including (i) analyzing the Debtor's leases and
contracts and the assumptions, rejections, or assignments thereof,
(ii) analyzing the validity of liens against the Debtor, and (iii)
advising the Debtor on corporate and litigation matters.
Mr. Goldstein will receive an hourly rate of $425, and an hourly
rate of $115 is for paralegals.
Magee Goldstein Lasky & Sayers, 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:
Andrew S. Goldstein, Esq.
MAGEE GOLDSTEIN LASKY & SAYERS, P.C.
PO Box 404
Roanoke, VA 24003-0404
Telephone: (540) 529-1609
Facsimile: (540) 343-9898
E-mail: agoldstein@mglspc.com
About Williams Tree Service
Williams Tree Service, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. W.D. Va. Case No.
25-50509) on August 29, 2025, with $500,001 to $1 million in assets
and liabilities.
Judge Rebecca B. Connelly presides over the case.
Andrew S. Goldstein, Esq. at Magee Goldstein Lasky & Sayers, P.C.
represents the Debtor as legal counsel.
WINDMILL POINT: Court Extends Cash Collateral Access to Oct. 9
--------------------------------------------------------------
Windmill Point Apartments DE, LLC received another extension from
the U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division, to use cash collateral.
The third interim order signed by Judge Tiffany Geyer authorized
the Debtor's interim use of cash collateral through October 9 to
pay the amounts expressly authorized by the court, including
payments to the Subchapter V trustee and payroll obligations
incurred post-petition; and the expenses set forth in the budget,
plus an amount not to exceed 10% for each line item.
As adequate protection, secured creditors including Wilmington
Trust National Association, Pjeter Lulaj, and Javier DelHoyo were
granted replacement liens on post-petition cash collateral, with
the same validity and priority as their pre-bankruptcy liens.
In addition, the Debtors were ordered to keep their property
insured as further protection to secured creditors.
The next hearing is scheduled for October 9.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/ifxzM from PacerMonitor.com.
About Windmill Point Apartments De
Windmill Point Apartments De, LLC is a single-asset real estate
debtor under U.S. bankruptcy law, as defined in 11 U.S.C. section
101(51B).
Windmill sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-02855) on May 13, 2025, listing
between $10 million and $50 million in both assets and liabilities.
Barry Watson, manager of Windmill, signed the petition.
Judge Tiffany P. Geyer oversees the case.
Justin M. Luna, Esq., at Latham Luna Eden and Beaudine LLP,
represents the Debtor as legal counsel.
Wilmington Trust, N.A., as secured creditor, is represented by:
Ryan C. Reinert, Esq.
Bridget M. Dennis, Esq.
SHUTTS & BOWEN LLP
4301 W. Boy Scout Blvd., Suite 300
Tampa, FL 33607
Telephone: (813) 229-8900
bdennis@shutts.com
rreinert@shutts.com
WOHALI LAND: Needs $6MM to Sustain Operations During Chapter 11
---------------------------------------------------------------
Connor Thomas of kpcw reports that Wohali Resort told creditors on
September 11, 2025 that it needs $6 million to sustain operations
during its Chapter 11 bankruptcy. Managing partner John Kaiser said
the funds would cover golf course expenses, utility installation,
and obligations to the city of Coalville, including completion of a
sewer pump station critical to the resort's development, according
to the report. Coalville Mayor Mark Marsh stressed the importance
of finishing the project, noting the city must be able to handle
the resort's sewage before further construction can move forward.
To secure the money, Kaiser proposed debtor-in-possession (DIP)
financing, a special loan requiring court approval. Attorney Mark
Rose said Wohali plans to file for the loan within days. The
company entered bankruptcy on August 8, 2025 after defaulting on
loans, owing contractors, and laying off most of its staff. Roughly
40 employees remain, primarily to maintain the golf course, with
payroll recently supported by lot owners after missed payments
earlier this summer, according to kpcw.
The path forward remains uncertain. Wohali's main creditors,
claiming they are owed more than $85 million, argue the case may
end in a Section 363 asset sale rather than reorganization.
Coalville's interim city attorney Craig Smith countered that a sale
is not imminent, given the resort’s financial complexity.
Ultimately, the case could lead to a confirmed reorganization plan
or conversion to Chapter 7 liquidation. Meanwhile, local
billionaire Doug Bergeron has expressed interest in acquiring the
resort if it is sold, while lenders push to classify Wohali as a
single-asset real estate debtor to speed foreclosure, the report
states.
About Wohali Land Estates LLC
Wohali Land Estates LLC develops the Wohali master-planned
community in Coalville, Utah, combining private residential
neighborhoods with public-access resort amenities such as a golf
course, lodge, spa, and dining facilities. The development's design
integrates luxury homes and estate lots with hospitality,
recreation, and infrastructure improvements including public
roadways, utility systems, and environmental stabilization
measures. Its operations include property maintenance and site
preparation to preserve asset value and support future
construction.
Wohali Land Estates LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Utah Case No. 25-24610) on August 8,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Peggy Hunt handles the case.
The Debtor is represented by Mark C. Rose, Esq. at McKAY, BURTON &
THURMAN, P.C.
XPA LIQUIDATED: Seeks Chapter 7 Bankruptcy in California
--------------------------------------------------------
On September 6, 2025, XPA Liquidated Logistics LLC commenced a
Chapter 7 case in the Central District of California, docketed as
case #25-16377. According to its voluntary petition, the company
holds assets and debts both valued in the $0–$100,000 range and
has 1 to 49 creditors.
About XPA Liquidated Logistics LLC
XPA Liquidated Logistics LLC is a logistics provider focused on
freight management, transportation, and liquidation services.
XPA Liquidated Logistics LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-16377) on
September 6, 2025. In its petition, the Debtor reports estimated
assets and liabilities up t $100,000 each.
Honorable Bankruptcy Judge Scott H. Yun handles the case.
The Debtor is represented by Kevin Tang, Esq. at Tang & Associates.
[] Moody's Takes Rating Action on 23 Bonds from 10 US RMBS Deals
----------------------------------------------------------------
Moody's Ratings has upgraded the ratings of 16 bonds and downgraded
the ratings of 7 bonds from 10 US residential mortgage-backed
transactions (RMBS), backed by Alt-A, option ARM, and subprime
mortgages issued by multiple issuers.
A comprehensive review of all credit ratings for the respective
issuer(s) has been conducted during a rating committee.
The complete rating actions are as follows:
Issuer: Greenpoint Mortgage Funding Trust 2007-AR3
Cl. A1, Upgraded to Ba1 (sf); previously on Nov 5, 2024 Upgraded to
B1 (sf)
Cl. A2, Upgraded to Ca (sf); previously on Dec 9, 2010 Downgraded
to C (sf)
Issuer: HSI Asset Securitization Corporation Trust 2006-OPT1
Cl. M-2, Downgraded to Caa1 (sf); previously on Dec 27, 2017
Upgraded to B1 (sf)
Cl. M-4, Upgraded to Ca (sf); previously on Aug 13, 2010 Downgraded
to C (sf)
Issuer: HSI Asset Securitization Corporation Trust 2006-OPT2
Cl. M-2, Downgraded to Caa1 (sf); previously on Jun 9, 2020
Downgraded to B1 (sf)
Cl. M-3, Downgraded to Caa1 (sf); previously on Nov 8, 2024
Downgraded to B3 (sf)
Cl. M-4, Upgraded to Caa1 (sf); previously on Dec 11, 2018 Upgraded
to Caa2 (sf)
Issuer: J.P. Morgan Mortgage Acquisition Corp. 2006-RM1
Cl. A-1A, Downgraded to Caa1 (sf); previously on Nov 5, 2024
Downgraded to B2 (sf)
Cl. A-1B, Upgraded to Ca (sf); previously on Dec 14, 2010
Downgraded to C (sf)
Cl. A-2, Upgraded to Caa1 (sf); previously on Dec 14, 2010
Downgraded to Ca (sf)
Cl. A-3, Upgraded to Caa3 (sf); previously on Dec 14, 2010
Confirmed at Ca (sf)
Cl. A-4, Upgraded to Caa3 (sf); previously on Dec 14, 2010
Confirmed at Ca (sf)
Cl. A-5, Upgraded to Caa3 (sf); previously on Dec 14, 2010
Confirmed at Ca (sf)
Issuer: J.P. Morgan Mortgage Acquisition Trust 2006-CH1
Cl. M-8, Upgraded to Caa1 (sf); previously on Jun 12, 2009
Downgraded to C (sf)
Issuer: Luminent Mortgage Trust 2005-1
Cl. A-1, Downgraded to Caa1 (sf); previously on Oct 23, 2024
Upgraded to B1 (sf)
Cl. A-2, Downgraded to Caa1 (sf); previously on Oct 23, 2024
Upgraded to B1 (sf)
Issuer: RALI Series 2007-QH1 Trust
Cl. A-2, Upgraded to Caa3 (sf); previously on Dec 1, 2010
Downgraded to C (sf)
Issuer: RALI Series 2007-QO1 Trust
Cl. A-1, Downgraded to Caa1 (sf); previously on Nov 8, 2024
Upgraded to B1 (sf)
Cl. A-2, Upgraded to Ca (sf); previously on Dec 1, 2010 Downgraded
to C (sf)
Issuer: WaMu Mortgage Pass-Through Certificates, Series 2004-AR10
Cl. B-1, Upgraded to Caa1 (sf); previously on May 7, 2018 Upgraded
to Ca (sf)
Cl. B-2, Upgraded to Ca (sf); previously on Feb 28, 2011 Downgraded
to C (sf)
Issuer: WaMu Mortgage Pass-Through Certificates, Series 2006-AR3
Cl. A-1B, Upgraded to Caa1 (sf); previously on Dec 3, 2010
Downgraded to Ca (sf)
Cl. A-1C, Upgraded to Caa2 (sf); previously on Dec 3, 2010
Downgraded to C (sf)
RATINGS RATIONALE
The rating actions reflect the current levels of credit enhancement
available to the bonds, the recent performance, analysis of the
transaction structures, Moody's updated loss expectations on the
underlying pools and Moody's revised loss-given-default expectation
for each bond.
The rating upgrade on Class A1 from Greenpoint Mortgage Funding
Trust 2007-AR3 is a result of the improving performance of the
related pool and an increase in credit enhancement available to the
bond. The credit enhancement available to the bond showed a
one-year increase of 1.09x.
The rating action on Class A-2 from Luminent Mortgage Trust 2005-1
considers missed interest that is unlikely to be recouped. This
bond has incurred historical principal losses but subsequently
recouped those losses, and as a result, missed interest on
principal for those periods will not be recouped.
Most of the rating downgrades are the results of outstanding credit
interest shortfalls that are unlikely to be recouped. These
downgraded bonds have a weak interest recoupment mechanism where
missed interest payments will likely result in a permanent interest
loss. Unpaid interest owed to bonds with weak interest recoupment
mechanisms are reimbursed sequentially based on bond priority, from
excess interest, if available, and often only after the
overcollateralization has built to a pre-specified target amount.
In transactions where overcollateralization has already been
reduced or depleted due to poor performance, any such missed
interest payments to these bonds is unlikely to be repaid. The size
and length of the outstanding interest shortfalls were considered
in Moody's analysis.
No actions were taken on the other rated classes in these deals
because their expected losses remain commensurate with their
current ratings, after taking into account the updated performance
information, structural features, credit enhancement and other
qualitative considerations.
Principal Methodology
The principal methodology used in these ratings was "US Residential
Mortgage-backed Securitizations: Surveillance" published in
December 2024.
Factors that would lead to an upgrade or downgrade of the ratings:
Up
Levels of credit protection that are higher than necessary to
protect investors against current expectations of loss could drive
the ratings of the subordinate bonds up. Losses could decline from
Moody's original expectations as a result of a lower number of
obligor defaults or appreciation in the value of the mortgaged
property securing an obligor's promise of payment. Transaction
performance also depends greatly on the US macro economy and
housing market.
Down
Levels of credit protection that are insufficient to protect
investors against current expectations of loss could drive the
ratings down. Losses could rise above Moody's expectations as a
result of a higher number of obligor defaults or deterioration in
the value of the mortgaged property securing an obligor's promise
of payment. Transaction performance also depends greatly on the US
macro economy and housing market. Other reasons for
worse-than-expected performance include poor servicing, error on
the part of transaction parties, inadequate transaction governance
and fraud.
*********
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
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
On Thursdays, the TCR delivers a list of recently filed
Chapter 11 cases involving less than $1,000,000 in assets and
liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
petitions in Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
TCR subscribers have free access to our on-line news archive.
Point your Web browser to http://TCRresources.bankrupt.com/and use
the e-mail address to which your TCR is delivered to login.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
by Bankruptcy Creditors Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Philadelphia, Pa., USA.
Randy Antoni, Jhonas Dampog, Marites Claro, Joy Agravante,
Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN: 1520-9474.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers. Information contained
herein is obtained from sources believed to be reliable, but is
not guaranteed.
The single-user TCR subscription rate is $1,400 for six months
or $2,350 for twelve months, delivered via e-mail. Additional
e-mail subscriptions for members of the same firm for the term
of the initial subscription or balance thereof are $25 each per
half-year or $50 annually. For subscription information, contact
Peter A. Chapman at 215-945-7000.
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