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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 30, 2025, Vol. 29, No. 272
Headlines
148 BAY 43RD: Case Summary & One Unsecured Creditor
1600 WESTERN: Court Extends Cash Collateral Access to Oct. 29
250 WYNAH: Gets Another Extension to Use Cash Collateral
388 PROSPER: Hires Van Horn Law Group as Bankruptcy Counsel
ACLCP CINCINNATI: U.S. Trustee Unable to Appoint Committee
ADVANCE TRANSIT: Hires MacMain Leinhauser as Special Counsel
ADVANCION HOLDINGS: Moody's Cuts CFR to 'Caa1', Outlook Negative
AIR INDUSTRIES: Pledges $3.9M ATM Proceeds as Loan Collateral
ALCHEMY US HOLDCO 1: Moody's Withdraws 'B3' Corporate Family Rating
ALEON METALS: Committee Taps Gray Reed as Legal Counsel
ALLSTAR PROPERTIES: Hires Harvey-Given Company as Leasing Agent
AMERICAN ELECTRIC: Fitch Assigns BB+ Rating on Jr. Sub. Debentures
AMN HEALTHCARE: Fitch Alters Outlook on 'BB' LongTerm IDR to Neg.
AMPLIFYBIO LLC: Oct. 28 Disclosure & Plan Combined Hearing Set
ANYWHERE REAL: Moody's Puts 'B3' CFR Under Review for Upgrade
API GP VENTURE: Hires Pierson Ferdinand LLP as Bankruptcy Counsel
API GP VENTURE: Taps J. Michael Issa of GlassRatner as CRO
API GP VENTURE: U.S. Trustee Unable to Appoint Committee
API GROUP: Moody's Affirms 'Ba2' CFR, Outlook Remains Stable
ARP HOSPITALITY: Gets Final OK to Use Cash Collateral
AT HOME: Closes Over 20 Stores, To Close More Stores in October
AUTO HOUSE: Gets Final OK to Use Cash Collateral
AVIENT CORP: Moody's Affirms 'Ba2' CFR, Outlook Stable
BEAUTIFUL CITY: Hires Goldenberg Heller as Bankruptcy Counsel
BIO GYMNASTICS: Court Extends Cash Collateral Access
BKV CORP: Fitch Assigns 'B' LongTerm IDR, Outlook Stable
BLUEWORKS CORP: Trustee Retains Rayburn Cooper as Counsel
BOWERS TRUCKING: Gets Interim OK to Use Cash Collateral
BOWERS TRUCKING: Hires Fellers Snider as Legal Counsel
BOXLIGHT CORP: Sells Stock for $4M to Pay Debt, Working Capital
BROADWAY REALTY: Committee Taps Eastdil Secured LLC as Advisor
BROOKFIELD PROPERTIES: Showcase Cinema Seeks New Operator
BUCA DI BEPPO: Unite Here, et al. Case Dismissed After Settlement
BUFNY II ASSOCIATES: 7 NY Properties Up for Sale on October 2
BYJU'S ALPHA: Oct. 29 Disclosure & Plan Combined Hearing Set
CALIFORNIA RESOURCES: Moody's Rates New Sr. Unsecured Notes 'B1'
CARAWAY TEA: Wins Final Approval to Use Cash Collateral
CARLA'S PASTA: Novo Wins Bid for Judgment in Adversary Case
CARPENTER FAMILY: Hires Hester Baker Krebs LLC as Attorney
CASUAL 21 USA: Gets Final OK to Use Cash Collateral
CENTURY DESIGN: Seeks Subchapter V Bankruptcy in California
CHERISHED LAND: Hires Bernstein Shur Sawyer & Nelson as Counsel
CLAIRE'S STORES: To Sell Business in Ireland, UK to Modella Capital
COMPLEMAR PARTNERS: U.S. Trustee Appoints Creditors' Committee
CONVERGEONE HOLDINGS: Chapter 11 Plan Violates Equal-Treatment Rule
COZY HARBOR: Committee Seeks to Hire Dentons as Legal Counsel
CROSSCOUNTRY MORTGAGE: Fitch Assigns 'B+' IDR, On Watch Positive
DATABASED SOLUTIONS: Brian Hofmeister Named Subchapter V Trustee
DESKTOP METAL: Gets OK to Hire FTI Consulting to Provide CRO/CTO
DESKTOP METAL: Gets OK to Hire Pachulski Stang Ziehl as Counsel
DESKTOP METAL: Gets OK to Hire Piper Sandler as Investment Banker
DESKTOP METAL: Gets OK to Hire Weil Gotshal & Manges as Counsel
DOUBLESHOT HOLDINGS: Gets OK to Use Cash Collateral Until Nov. 20
EAGLE THEATER: Seeks to Hire Goldenberg Heller as Counsel
EAGLE THEATER: Seeks to Hire Goldenberg Heller as Counsel
EAST COAST: Seeks to Hire Verdolino & Lowey as Accountant
FIRST BRANDS: Case Summary & 30 Largest Unsecured Creditors
FIRST BRANDS: Debtwire's Bringardner Sees Free Fall, Expensive Case
FIRST BRANDS: Enters Chapter 11 With $1.1B DIP Financing
FIRST BRANDS: Fitch Lowers LongTerm IDR to 'B', On Watch Negative
FIRST BRANDS: S&P Downgrades ICR to 'CC' on Expected Default
FIRST BRANDS: Seeks Chapter 11 Bankruptcy Along with Affiliates
FIVE POINT: Fitch Assigns 'B' LongTerm IDR, Outlook Stable
FOREST GLEN: Hires Weinberg Zareh Malkin Price LLP as Counsel
FOREST GLEN: Seeks to Hire Esagoff Law Group as Litigation Counsel
FREE SPEECH: Hook Families Ask Court OK to Pursue Inforwars' Assets
GENOA PROPERTY: Grammas Buys Office Building Out of Receivership
GRANGE PUBLIC: Douglas Flugum Named Subchapter V Trustee
GREAT CIRCLE: Hires Klestadt Winters as Legal Counsel
GREYSTONE SELECT: Fitch Affirms 'BB-' LongTerm IDR, Outlook Stable
H5 TRANSPORT: Steven Nosek Named Subchapter V Trustee
HANGER INC: Moody's Affirms 'B2' CFR & Alters Outlook to Negative
HAVOC BREWING: Gets Final OK to Use Cash Collateral
HNI CORP: S&P Assigns 'BB+' ICR on Acquisition of Steelcase
HOPSCOTCH HEALTH: Seeks Subchapter V Bankruptcy in Texas
I V SUPPORT: Hires Armory Consulting Co. as Financial Advisor
II BALLAKIS FAMILY: U.S. Trustee Unable to Appoint Committee
INDEPENDENT MEDEQUIP: Gets Interim OK to Obtain DIP Loan
INTEGRATED NANO-TECHNOLOGIES: R. Calihan Out as Committee Member
INTERNATIONAL DIRECTIONAL: Gets Extension to Access Cash Collateral
IPG FRANCHISING: Committee Taps Johnson Pope Bokor as Counsel
J PAUL ROOFING: Gets Final OK to Use Cash Collateral
JACKSBOSTON LLC: Bankr. Administrator Unable to Appoint Committee
JACKSBOSTON LLC: Gets Extension to Access Cash Collateral
JJ BADA: Seeks to Hire Alan Atkins Corp. as Appraiser
KIDSVILLE LEARNING: Carol Fox Named Subchapter V Trustee
KOSTAS GOLFINOPOULOS: Hires Forchelli Deegan as Legal Counsel
LASEN INC: Committee Hires Mac Restructuring Advisors as CRO
LEISURE INVESTMENTS: Terra to Assume Miami Seaquarium Lease
LHS BORROWER: S&P Withdraws 'B-' ICR Following Debt Repayment
LION RIBBON: Hilco Launches Bankruptcy Sale of Former IG Assets
LS TRUCKING: Section 341(a) Meeting of Creditors on October 27
LUXURY RIDES: Greta Brouphy Named Subchapter V Trustee
LUXURY RIDES: Hires Derbes Law Firm as Legal Counsel
MAMMOTH INC: Taps Blackwell Burke Fowler as Legal Counsel
MARI ARI: Gets Extension to Access Cash Collateral
MAY INTERNATIONAL: Gets Interim OK to Use Cash Collateral
MILLSIDE PLAZA: Case Summary & 11 Unsecured Creditors
MODIVCARE INC: Committee Hires Latham & Watkins as Co-Counsel
MODIVCARE INC: Committee Taps Hunton Andrews as Co-Counsel
MODIVCARE INC: Committee Taps Moelis & Company as Investment Banker
MODIVCARE INC: Taps Ernst & Young as Services Provider
MONTEREY BAY: Gina Klump Named Subchapter V Trustee
MOORE HOLDINGS: Gets Extension to Access Cash Collateral
NEED SPACE MONTEITH: Voluntary Chapter 11 Case Summary
NEWBURY PALACE: Taps Amanda Brendell as Accountant
NORTHERN OIL: Fitch Rates New Sr. Unsecured Notes Due 2033 'BB-'
NORTHERN OIL: Moody's Rates New Senior Unsecured Notes 'B1'
NU RIDE: Alexander Matina Named CEO After Chapter 11 Exit
ODM TRUCK: Gets Extension to Access Cash Collateral
OLD STONE: Hires Harris Law Practice as Bankruptcy Counsel
OLIVER PARK: Hires Rountree Leitman Klein & Geer as Attorney
OLIVER PARK: U.S. Trustee Unable to Appoint Committee
OPENLANE INC: Moody's Affirms B1 CFR, Outlook Stable
ORCHARD FALLS: Hires Allen Vellone Wolf Helfrich as Counsel
PACTO INC: Seeks to Hire Tim McCoy Law Center as Primary Counsel
PARENT SUPPORT: Case Summary & 17 Unsecured Creditors
PATCO INC: U.S. Trustee Unable to Appoint Committee
PINSTRIPES HOLDINGS: Seeks to Hire Ordinary Course Professionals
PRINCE LAND: Gets Extension to Access Cash Collateral
PROSPECT MEDICAL: Yale New Haven to Pay $45MM to End Legal Dispute
RAS DATA: Committee Taps Oxford Restructuring as Financial Advisor
REGIS REAL: Case Summary & One Unsecured Creditor
REILLY-BENTON: Chapter 7 Trustee Seeks OK of Insurers' Settlement
RENASCENCE INC: Gets OK to Use Cash Collateral Until Oct. 28
RIDGEWOOD TOWER: UCC Foreclosure Sale Set for November 14
ROYAL JET: Court Extends Cash Collateral Access to Dec. 31
S & D TALLER: Seeks to Hire Juan C Bigas Law Office as Counsel
SAMMY G'S: Gets Final OK to Use Cash Collateral
SEQUOIA GROVE: Hires Pendergraft & Simon as Bankruptcy Counsel
SERENITY LIGHT: Hires Baker & Associates as Legal Counsel
SHANDS JACKSONVILLE: Moody's Alters Outlook on Ba1 Rating to Pos.
SIMBA IL HOLDINGS: Hires Marshack Hays as Restructuring Officer
SOBE THERMAL: Court Appoints Reg Martin as Receiver
SOUTHERN EXPRESS: Bankr. Administrator Unable to Appoint Committee
SOUTHERN EXPRESS: Court Extends Cash Collateral Access to Oct. 22
SPIRIT AIRLINES: To Exit 2 US Airports, Suspend 40 Routes
SSI PRODUCTS: Seeks to Hire Laurance C. Boyd as Bankruptcy Counsel
STARWOOD PROPERTY: Moody's Rates New $500MM Unsecured Notes 'Ba3'
STATELINE HOLDINGS: Taps Wadsworth Garber as Bankruptcy Counsel
STEELCASE INC: S&P Places 'BB+' Notes Rating on Watch Negative
SUNNOVA ENERGY: Disclosure Statement Has Interim Approval
SUNNOVA ENERGY: Oct. 15 Combined Disclosure & Plan Hearing Set
SUNSET FITNESS: M. Douglas Flahaut Named Subchapter V Trustee
TEHUM CARE: Boettinger, et al. Lose Bid to Stay Wood Case
TEXAS REIT: Trustee Seeks to Tap Streusand Landon as Legal Counsel
THYNG VENTURES: Douglas Flugum Named Subchapter V Trustee
TOCO WARRANTY: Case Summary & 13 Unsecured Creditors
TOMATLAN INC: Wins Interim Approval to Use Cash Collateral
TORRID HOLDINGS: Continues to Defend Jillson Pricing Class Suit
TORRID LLC: S&P Alters Outlook to Negative, Lowers ICR to 'B-'
TUTOR PERINI: S&P Upgrades ICR to 'B', Outlook Positive
UNIFIED SCIENCE: Hires Brookshire Co as Real Estate Broker
UNITED PROPERTY: Taps Marshack Hays Wood as General Counsel
VIVACE HOSPITALITY: Hires Thomas G. Zeichman as Legal Counsel
WBK TRANSPORT: Section 341(a) Meeting of Creditors on October 29
WEATHERFORD INT'L: Fitch Hikes IDR to 'BB', Outlook Stable
WESTPARK 22 LLC: Secured Party Sets Oct. 6, 2025 Auction
WINDSTREAM SERVICES: Moody's Rates New $900MM 1st Lien Notes 'B2'
WOLFSPEED INC: Appoints Five New Board After Chapter 11 Exit
WOLFSPEED INC: Completes Financial Restructuring, Emerges From Ch11
WOLFSPEED INC: Emerges From Chapter 11, Cuts Debt 70%
YARA TEST: Gets Interim OK to Use Cash Collateral
*********
148 BAY 43RD: Case Summary & One Unsecured Creditor
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Debtor: 148 Bay 43rd LLC
2831 Roberts Avenue
Bronx, NY 10461
Business Description: 148 Bay 43rd LLC, a New York-based limited
liability company, owns and manages multi-
family residential properties, including
2831 Roberts Avenue in the Bronx, and
operates in the real estate sector.
Chapter 11 Petition Date: September 25, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-12093
Judge: Hon. Lisa G Beckerman
Debtor's Counsel: Anne Penachio, Esq.
PENACHIO MALARA LLP
245 Main Street
Suite 450
White Plains, NY 10601
Tel: (914) 946-2889
Email: anne@pmlawllp.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Vincent Chin as president.
The Debtor listed Wilmington Savings Fund Society, located at 75
Beattie Place, Suite 300, Greenville, SC 29601, as its sole
unsecured creditor with a claim of $1.1 million.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/A5RHG6Y/148_Bay_43rd_LLC__nysbke-25-12093__0001.0.pdf?mcid=tGE4TAMA
1600 WESTERN: Court Extends Cash Collateral Access to Oct. 29
-------------------------------------------------------------
1600 Western Venture, LLC received another extension from the U.S.
Bankruptcy Court for the Northern District of Illinois to use cash
collateral to fund operations.
The court's sixth interim order authorized the Debtor to use cash
collateral from September 23 to October 29 in accordance with its
budget.
The Debtor projects total operational expenses of $160,136 for the
period from October 1 to 31.
As adequate protection, Wells Fargo Bank N.A., as trustee for a
commercial mortgage trust, and the U.S. Small Business
Administration will be granted replacement liens on the Debtor's
property whether acquired before or after the bankruptcy petition.
These replacement liens will have the validity, priority and extent
as the secured creditors' pre-bankruptcy liens.
In addition, the Debtor must pay $44,369 (principal and interest)
to Wells Fargo Bank as further protection.
The next hearing is scheduled for October 28.
Wells Fargo Bank claims a $9 million secured interest, which the
Debtor disputes, asserting that the underlying mortgage and related
documents are invalid due to alleged forgery and improper
execution.
The Debtor claims that the value of its real estate exceeds $19.4
million, which it believes provides sufficient protection to the
lender.
Wells Fargo Bank, as lender, is represented by:
Samantha Ruben, Esq.
Dentons US. LLP
233 S. Wacker Drive, Suite 5900
Chicago, IL 60606
312-876-8000
samantha.ruben@dentons.com
About 1600 Western Venture LLC
1600 Western Venture LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08821) on June
10, 2025. In the petition signed by Dorothy Flisk, managing member,
the Debtor disclosed up to $50 million in assets and up to $10
million in liabilities.
Judge Jacqueline P. Cox oversees the case.
Paul M. Bach, Esq., and Penelope Bach, Esq., at Bach Law Offices,
Inc. represent the Debtor as legal counsel.
250 WYNAH: Gets Another Extension to Use Cash Collateral
--------------------------------------------------------
The U.S. Bankruptcy Court, Northern District of Illinois, Eastern
Division issued an order authorizing 250 Wynah Lane, LLC to use
cash collateral pending a further hearing on October 8.
The Debtor's right to use the cash collateral of its lenders
continues under the terms of the interim order entered on June 23
until further order of the court.
The Debtor owns a residential rental property located at 250 Winyah
Lane in Vineyard Haven, Massachusetts -- its sole income-producing
asset. The rental income generated from this property and other
property-related revenues constitute the Debtor's cash collateral.
These funds are currently subject to the secured interests of two
lenders: World Business Lenders and The Cape Cod Five Cents Savings
Bank.
About 250 Wynah Lane LLC
250 Wynah Lane, LLC is a single-asset real estate debtor, as
defined in 11 U.S.C. Section 101(51B).
250 Wynah Lane sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-07414) on May 14,
2025. In its petition, the Debtor reported estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Deborah L. Thorne handles the case.
Matthew T. Gensburg, Esq., at Gensburg Calandriello & Kanter, P.C.
is the Debtor's legal counsel.
World Business Lenders, as lender, is represented by:
Stephanie Mulcahy, Esq.
Hinshaw & Culbertson, LLP
151 N. Franklin, Suite 2500
Chicago, IL 60606
Telephone: 312-704-3220
smulcahy@hinshawlaw.com
Cape Cod Five Cents Savings Bank, as lender, is represented by:
Sean P. Williams, Esq.
Levenfeld Pearlstein, LLC
120 S. Riverside, Suite 1800
Chicago, IL 60606
Telephone: (312) 346-8380
swilliams@lplegal.com
388 PROSPER: Hires Van Horn Law Group as Bankruptcy Counsel
-----------------------------------------------------------
388 Prosper LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Florida to hire Van Horn Law Group, P.A.
as counsel.
The firm will provide these services:
a. give advice to the debtor with respect to its powers and
duties as a debtor in possession and the continued management of
its business operations;
b. advice 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.
The firm will be paid at these rates:
Chad Van Horn $500 per hour
Law clerks/Paralegals/Associates $175 to $350 per hour
Prior to the filing of this case, the firm was paid a retainer in
the amount of 15,000 plus $2,500 for the filing fee and costs for a
total amount of $17,500.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Chad Van Horn, Esq., a partner at Van Horn Law Group, P.A.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Chad T. Van Horn, Esq.
Van Horn Law Group, PA
500 NE 4th Street, Suite 200
Fort Lauderdale, FL 33301
Tel: (561) 621-1360
Email: info@cvhlawgroup.com
About 388 Prosper LLC
388 Prosper LLC is classified as a single-asset real estate debtor
under 11 U.S.C. Section 101(51B).
388 Prosper LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-20745) on September
16, 2025. In its petition, the Debtor reports estimated assets up
to $50,000 and estimated liabilities between $1 million and $10
million.
The Debtor is represented byChad Van Horn, Esq. at VAN HORN LAW
GROUP, P.A.
ACLCP CINCINNATI: 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 ACLCP Cincinnati, LLC.
About ACLCP Cincinnati LLC
ACLCP Cincinnati, LLC and affiliates are U.S.-based real estate
companies primarily engaged in owning and leasing commercial and
residential properties in Ohio and Michigan. The companies operate
properties in Cincinnati, Fort Gratiot, and Port Huron, including
retail and mixed-use buildings.
ACLCP Cincinnati sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Lead Case No. 25-11691) on
September 10, 2025. In its petition, the Debtor reported estimated
assets and liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by Kevin S. Mann, Esq., at Cross & Simon,
LLC.
ADVANCE TRANSIT: Hires MacMain Leinhauser as Special Counsel
------------------------------------------------------------
Advance Transit Mix Inc. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Pennsylvania to employ MacMain
Leinhauser P.C. as special counsel.
The firm is to advise the Debtor with regard to federal and state
banking law.
The firm's rates are:
Partners $400 per hour
Associate $325 per hour
Paralegals $140 per hour
As disclosed in the court filings, MacMain Leinhauser P.C. is a
"disinterested person" within the meaning of 11 U.S.C. 101(14).
The firm can be reached through:
Brian Leinhauser, Esq.
MacMain Leinhauser P.C.
433 W. Market Street Suite 200
West Chester, PA 19382
Telephone: (484) 318-7106
Facsimile: (484) 328-3996
About Advance Transit Mix Inc
Advance Transit Mix Inc. supplies ready-mixed concrete for
construction projects in Glenolden, Pennsylvania. The Company
operates a fleet of trucks for intrastate transport and serves
clients across the region.
Advance Transit Mix Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-12082) on May 27,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Patricia M Mayer handles the case.
The Debtors are represented by Albert A. Ciardi, III, Esq. at
CIARDI CIARDI AND ASTIN.
ADVANCION HOLDINGS: Moody's Cuts CFR to 'Caa1', Outlook Negative
----------------------------------------------------------------
Moody's Ratings has downgraded the Corporate Family Rating of
Advancion Holdings, LLC ("Advancion") to Caa1 from B3, Probability
of Default Rating to Caa1-PD from B3-PD, the ratings of its backed
senior secured first lien revolving credit facility and backed
senior secured first lien term loan to B3 from B2, and the rating
of its backed senior secured second lien term loan to Caa2 from
Caa1. Moody's have also downgraded the rating of the senior
unsecured PIK toggle notes issued by Advancion Sciences, Inc. to
Caa3 from Caa2. The outlook for both entities remains negative.
Governance considerations are a key driver of this rating action.
Moody's revised Advancion's ESG Credit Impact Score (CIS) to CIS-5
from CIS-4 to reflect the increase in governance risks due to
negative free cash flow and weakening liquidity. Also, the
Governance Issuer Profile Score (IPS) was changed to G-5 from G-4.
RATINGS RATIONALE
The downgrade reflects Advancion's elevated leverage metrics,
negative free cash flows, and weakening liquidity amid the
challenging macroeconomic conditions. Given Advancion's relatively
weak financial performance in 2025, Moody's remains concerned over
the company's ability to extend the maturity of its revolver and
PIK toggle notes in 2026, as well as its ability to move to a more
sustainable capital structure, especially as the first lien term
loans mature in 2027.
Advancion's 1H2025 performance was challenged by the weak demand
conditions particularly in its Personal Care and Consumer and
Performance Ingredients segments driven by reduced industrial
activity and lower demand in home construction and consumer
products, which more than offset resilience from its Life Sciences
business. Its leverage, as measured by Moody's adjusted
debt/EBITDA, worsen to more than 12.0x in the twelve months ending
June 2025, up from 8.0x in 2024. Moody's expects the leverage will
remain high and above 10.0x in the absence of a strong demand
recovery through 2026. Because Moody's debt calculation does not
include the PIK notes at the Holdco parent level, the inclusion of
the PIK notes will increase Advancion's leverage by another 1.0 to
2.0x, which is unsustainably high in Moody's views.
Advancion's free cash flow generation remained negative in 1H2025
and further pressured its liquidity. The company's total available
liquidity fell to $48 million at end of June 2025, the majority of
which was from its revolving credit facility due September 2026.
The company also had about $240 million Senior PIK Toggle Notes at
its Holdco parent due November 2026. Given the weak credit metrics
and challenging end market demands of majority of its businesses,
Advancion's credit profile is constrained by its need to address
debt maturities in a timely manner and at reasonable terms in the
coming quarters.
Advancion's credit profile is supported by its good market
positions serving a varied number of end markets, such as
pharmaceutical, life sciences, HPC (home and personal care), and
some industrial-related end markets that mitigate the cyclical
volatilities of any single end market. It also benefits from
multiple barriers to entry including advanced formulations and
backward integration that support its good profitability.
Advancion's liquidity is weak, reflecting its ongoing negative free
cash flow and the limited availability and upcoming maturity of its
revolver. As of June 30, 2025, Advancion had a total of $11 million
of cash on the balance sheet and about $37 million available net of
letters of credit under its $125 million revolving credit facility
due September 2026. The revolver contains a springing maximum first
lien net leverage ratio test which is triggered when the amount
outstanding exceeds 35% at quarter-end. However, Moody's expects
Advancion will maintain compliance with this revolver's covenant.
Its term loans do not have any financial maintenance covenants.
STRUCTURAL CONSIDERATIONS
The B3 ratings on the senior secured first lien revolving credit
facility and term loan are one notch above the Caa1 CFR reflecting
their seniority in the debt capital structure. The Caa2 rating on
the second lien term loan, one notch below the Caa1 CFR, reflects
the subordination to the first lien credit facilities, which have a
claim on substantially all the assets of the company and
guarantors, and rank ahead of the second lien term loan in terms of
claims on such assets.
The Caa3 rating on the senior unsecured PIK toggle notes issued by
Advancion Sciences, Inc. is two notches below Advancion's Caa1 CFR,
reflects the fact that the holding company debt is structurally and
contractually subordinated to debt at Advancion. Moody's expects
the PIK toggle notes to have limited recovery prospects given the
substantial amount of debt with priority claims that rank ahead of
them.
The negative outlook reflects that Advancion's elevated credit
metrics, weak free cash flows, and refinancing uncertainties will
continue to constrain its credit profile in the next 12 to 18
months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
An upgrade to the ratings is unlikely in the near term but could be
considered if Advancion successfully addresses its refinancing
needs, maintains adequate liquidity, and improves its capital
structure to a more sustainable level. A reduction in adjusted
debt/EBITDA to below 7.0x on a sustainable basis with sufficient
liquidity buffers could support the consideration for a ratings
upgrade. The ratings will be downgraded if the company fails to
refinance its maturing debts and improve the capital structure to a
more sustainable level.
ESG CONSIDERATIONS
Advancion's Credit Impact Score of CIS-5 indicates that the rating
is lower than it would have been if ESG risks did not exist. The
governance risk reflects its elevated financial leverage, weak
liquidity and the associated aggressive financial policy. In
addition, environmental risks due to its physical climate risks and
the waste and pollution from its production process reinforce the
ESG impact on the rating.
Advancion Holdings, LLC is a holding company that owns Advancion
Corporation. Headquartered in Buffalo Grove, IL, Advancion produces
performance additives for end markets including paints and
coatings, pharmaceuticals, biotech, metalworking fluids, personal
care, agriculture, and biotechnology. The company is jointly owned
by Golden Gate Capital and Adrian. Revenue for the last twelve
months ended June 2025 were $412 million.
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.
AIR INDUSTRIES: Pledges $3.9M ATM Proceeds as Loan Collateral
-------------------------------------------------------------
Air Industries Group disclosed in an SEC filing that on Sept. 10,
2025, it executed the Ninth Amendment to its Loan and Security
Agreement with Webster Bank, under which $3.93 million of proceeds
from its At The Market Offering will be kept in an interest-bearing
account at Webster Bank, serving as security for obligations under
the agreement.
About Air Industries
Air Industries Group, headquartered in Bay Shore, New York,
manufactures precision components and assemblies for the aerospace
and defense industry, supplying parts such as landing gear, flight
controls, and engine mounts for military and commercial aircraft as
well as ground turbines. Its products are used in programs
including the F-18 Hornet, E-2 Hawkeye, UH-60 Black Hawk, F-35
Lightning II, F-15 Eagle, and Airbus A220, with customers spanning
U.S. and international governments and global airlines. The
Company operates two manufacturing centers in the U.S.
In its audit report dated April 15, 2025, Marcum LLP included a
"going concern" qualification noting that the Current Credit
Facility expires on Dec. 30, 2025. In addition, the Company is
required to maintain a collection account with its lender into
which substantially all the Company's cash receipts are remitted.
If the Company's lender were to cease lending and keep the funds
remitted to the collection account, the Company would lack the
funds to continue its operations. The Current Credit Facility
expiration date and the rights granted to the lender, combined with
the reasonable possibility that the Company might fail to meet
covenants in the future, raise substantial doubt about its ability
to continue as a going concern.
As of June 30, 2025, the Company had $50.38 million in total
assets, $35.11 million in total liabilities, and $15.27 million in
total stockholders' equity.
The Company said it remains focused on its business but may seek to
raise additional capital or borrow funds on terms it considers
favorable. It noted that issuing equity or convertible debt,
raising interest rates on current borrowings, or offering equity to
lenders in exchange for extending debt could increase interest
costs and dilute existing shareholders. In addition, the Company
said refinancing could require more restrictive covenants, while a
loan default could lead to actions that might force it to seek
court protection, and warned that financing may not be available on
acceptable terms or at all.
ALCHEMY US HOLDCO 1: Moody's Withdraws 'B3' Corporate Family Rating
-------------------------------------------------------------------
Moody's Ratings withdrew the ratings of Alchemy US Holdco 1, LLC
("dba Kymera"), including the company's B3 corporate family rating,
B3-PD probability of default rating, the B3 rating on the company's
senior secured first lien term loans and the stable ratings
outlook.
RATINGS RATIONALE
Moody's have decided to withdraw the rating(s) because of
inadequate information to monitor the rating(s), due to the
issuer's decision to cease participation in the rating process.
Headquartered in North Carolina, Alchemy US Holdco 1, LLC's
("Kymera") is a global specialty materials manufacturer and service
provider, specializing in the production and service of metal-based
powders, custom alloys and coatings and silicon carbide materials.
The company serves a diverse array of applications and end markets
including aerospace, automotive, general industrial, metallurgical
and others. Its Engineered Materials segment produces pure and
alloyed aluminum, copper, titanium, tantalum, vanadium and other
base metals in the form of powders, pastes and granules. Its
Surface Technologies segment produces materials and alloys and
provides application technologies and services to prevent wear and
corrosion in demanding environments. Its new Meta Ceramics division
produces silicon carbide materials. The company operates plants
spread across the United States, Europe, the Middle East, Australia
and China. The company generated about $800 million in revenues
during the year ended December 31, 2024.
ALEON METALS: Committee Taps Gray Reed as Legal Counsel
-------------------------------------------------------
The Official Committee of Unsecured Creditors appointed in the
Chapter 11 cases of ALEON METALS, LLC, et al., seeks approval from
the U.S. Bankruptcy Court for the Southern District of Texas,
Houston Division, to employ Gray Reed as its legal counsel,
effective as of August 29, 2025.
Gray Reed will provide these services:
(a) advise the Committee regarding its rights, powers, and
duties in these Chapter 11 cases;
(b) assist and advise the Committee in its consultation with
the Debtors relating to case administration;
(c) attend meetings and negotiate with representatives of the
Debtors and other parties-in-interest;
(d) assist and advise the Committee in its examination and
analysis of the Debtors' affairs;
(e) assist and advise in investigating potential causes of
action on behalf of the Debtors' estates;
(f) assist and advise in connection with any sale of the
Debtors’ assets pursuant to section 363 of the Bankruptcy Code;
(g) assist the Committee in the review, analysis, and
negotiation of any chapter 11 plan(s) of reorganization or
liquidation and accompanying disclosure statements;
(h) take all necessary actions to protect and preserve the
Committee’s interests, including possible prosecution of actions,
negotiations concerning litigation involving the Debtors, and
claims review;
(i) prepare all necessary motions, applications, orders,
reports, replies, and other papers on behalf of the Committee;
(j) participate in mediation and represent the Committee's
interests in adversary proceedings;
(k) appear before this Court, appellate courts, and the U.S.
Trustee to protect the Committee's interests; and
(l) perform all other necessary legal services on behalf of the
Committee.
Gray Reed's attorneys will charge hourly rates ranging from $425 to
$990, and paraprofessionals from $75 to $385. The primary
professionals responsible for this engagement and their standard
hourly rates include:
Jason S. Brookner, Partner, $990
Lydia R. Webb, Partner, $795
Emily F. Shanks, Associate, $595
Veronica Salazar, Paralegal, $385
Gray Reed is a "disinterested person" within the meaning of section
101(14) of the Bankruptcy Code, as required by Section 1103(b). The
firm has no connection to the Debtors, their creditors, or other
parties in interest except as disclosed. Gray Reed will comply with
the U.S. Trustee Guidelines, including billing and disclosure
requirements.
Pursuant to paragraph D, section 1 of the Revised U.S. Trustee
Guidelines, Gray Reed responds to the questions set forth therein
as follows:
Question: Did the Firm agree to any variations from, or
alternatives to, the Firm’s standard billing arrangements for
this engagement?
Answer: No.
Question: Do any of the Firm professionals included in this
engagement vary their rate based on the geographical location of
the Debtors’ chapter 11 cases?
Answer: No.
Question: If the Firm has represented the client in the 12 months
prepetition, disclose billing rates and material financial terms
for the prepetition engagement, including any adjustments.
Answer: N/A.
Question: Has your client approved the Firm’s budget and staffing
plan, and if so, for what budget period?
Answer: Gray Reed provided a good faith estimate of expected fees
and expenses, incorporated into the Debtors’ approved budget for
debtor in possession financing.
The firm can be reached at:
Jason S. Brookner, Esq.
Lydia R. Webb, Esq.
Emily F. Shanks, Esq.
GRAY REED
1300 Post Oak Blvd., Suite 2000
Houston, TX 77056
Telephone: (713) 986-7000
Facsimile: (713) 986-7100
E-mail: jbrookner@grayreed.com
lwebb@grayreed.com
eshanks@grayreed.com
About Aleon Metals, LLC
Aleon Metals, LLC own and operate a multipurpose solid waste
disposal facility in Freeport, Texas, specializing in the
extraction and refinement of metals used in the energy industry.
They focus on processing spent catalysts from petroleum refining to
recover vanadium and molybdenum, which have a range of chemical and
industrial applications. The Debtors are also developing a
hydrometallurgical recycling process for lithium-ion batteries that
would convert aluminum waste from its catalyst recycling operations
into battery-grade materials for cathode production.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 25-90305) on
August 17, 2025. In the petition signed by Roy Gallagher, chief
restructuring officer, the Debtor disclosed up to $500 million in
both assets and liabilities.
Judge Christopher M. Lopez oversees the case.
The Debtors tapped Morrison & Foerster, LLP as bankruptcy counsel;
Norton Rose Fulbright US, LLP as local counsel; Ankura Consulting
Group, LLC as restructuring and financial advisor; Jefferies, LLC
as investment banker; and Stretto, Inc. as claims and noticing
agent.
UMB Bank, National Association, as DIP agent, is represented by:
Christopher M. Odell, Esq.
Arnold & Porter Kaye Scholer, LLP
700 Louisiana Street, Suite 4000
Houston, TX 77002-2755
Telephone: (713) 576-2400
Facsimile: (713) 576-2499
Email: christopher.odell@arnoldporter.com
- and -
Michael D. Messersmith, Esq.
Sarah Gryll, Esq.
Owen Haney, Esq.
Marjorie Carter, Esq.
Arnold & Porter Kaye Scholer, LLP
70 West Madison Street, Suite 4200
Chicago, IL 60602-4231
Telephone: (312) 583-2300
Facsimile: (312) 583-2360
E-mail: michael.messersmith@arnoldporter.com
sarah.gryll@arnoldporter.com
owen.haney@arnoldporter.com
marjorie.carter@arnoldporter.com
ALLSTAR PROPERTIES: Hires Harvey-Given Company as Leasing Agent
---------------------------------------------------------------
Allstar Properties I, LLC and ACH Rental Properties, LLC seek
approval from the U.S. Bankruptcy Court for the Northern District
of Georgia to hire Samson Development Group, LLC, d/b/a
Harvey-Given Company as leasing agent.
The agent will manage the leasing of the following Commercial
Properties owned by Allstar: 13 and 15 East Third Ave, 111/113
Broad Street, 130 Broad Street, 202 Broad Street, 336-338 Broad
Street, 210 East Second Ave, Rome, GA; 2550 Rome Hwy, Aragon, GA;
103 West Elm Street, 217 West Elm Street and 808 West Elm Street,
Rockmart, GA.
The agent manages one property for ACH -- 2647 Rome Highway,
Cedartown, GA.
As part of its duties, the agent collects rents from the tenants,
including late fees, collects some parking and special events
revenue, makes payments, as directed by the Debtors, for janitorial
services, general maintenance, landscaping, cleaning, appliance &
systems repairs, utilities, security, fire protection and pest
control, as well as pre-petition one mortgage payment. As part of
its duties, the agent provides monthly accountings of the collected
rent, other revenue and payment of expenses.
The agent will be compensated at 6 percent of the rent and other
revenue collected monthly.
As disclosed in the court filings, Harvey-Given Company is a
disinterested person as defined in 11 U.S.C. Sec. 101(14).
The agent can be reached through:
David Doss
Samson Development Group, LLC
d/b/a Harvey-Given Company
4 East 6th Avenue
Rome, GA 30161
About Allstar Properties LLC
Allstar Properties LLC and affiliates are Georgia-based real estate
companies that hold and manage property assets. The Allstar
entities focus on property ownership, while ACH Rental Properties
provides property management and rental services. Collectively,
they operate within the real estate sector across residential and
nonresidential properties in the state.
Allstar Properties LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-41314) on August 31,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Barbara Ellis-Monro handles the case.
The Debtor is represented by Anna Humnicky, Esq. at SMALL HERRIN,
LLP.
AMERICAN ELECTRIC: Fitch Assigns BB+ Rating on Jr. Sub. Debentures
------------------------------------------------------------------
Fitch Ratings has assigned a 'BB+' rating to American Electric
Power Company Inc.'s (AEP) issuance of fixed-to-fixed reset rate
junior subordinated debentures.
Per Fitch's "Corporate Hybrids Treatment and Notching Criteria",
the junior subordinated debentures will receive 50% equity credit.
Net proceeds from the sale of the junior subordinated debentures
will be used for general corporate purposes including the repayment
of short-term indebtedness.
As of Sept. 15, 2025, AEP had approximately $2.2 billion in
short-term indebtedness outstanding. AEP's Long-Term Issuer Default
Rating (IDR) is 'BBB' with a Stable Rating Outlook.
Key Rating Drivers
Unprecedented Demand Growth: AEP is experiencing strong commercial
and industrial demand growth in many of its service territories,
driven by data center development and the onshoring of
manufacturing. The company reported peak demand of 37.6 GW in 2Q25,
which is 12% higher than the year-ago period. The company has
disclosed that it has commitments of 24 GW of incremental load
through 2029, of which data centers are the largest component.
AEP's expected kilowatt-hour (kwh) retail sales forecast is as
follows: 2025 - 5.7%, 2026 - 8.4%, and 2027 - 8.9%. The company
expects the commercial and industrial sector kwh growth as follows:
8.5% in 2025, 12.25% in 2026, and 12.3% in 2027. AEP has achieved,
and is continuing to pursue, new tariffs or tariff revisions in
most of its jurisdictions to minimize the risk and rate impact to
residential customers from required spending to meet growing
demand.
Significant Capex Program: AEP's 2025-2027 capital expenditure
(capex) plan of $33.4 billion is 27% larger than the previous
three-year plan, and the company's five-year plan of $54.4 billion
is a 28% increase from the 2024-2028 plan. The company expects an
8% average annual rate base growth over the next five-year period
from a 2023 base. The company recently disclosed that it expects
its 2026-2030 five-year capex forecast to increase to $70 billion.
Fitch expects AEP will fund its sizeable and increasing capex
program in a manner that will maintain 'BBB' credit metrics.
Ongoing Weak Credit Metrics: Fitch expects AEP's funds from
operations (FFO) leverage to average around 5.8x over the forecast
period, driven by debt-financed capex, resulting in little to no
headroom at the current downgrade threshold FFO leverage of 5.8x.
Without credit-supportive actions and improved regulatory outcomes,
a negative rating action is possible. AEP plans to finance
approximately $5.6 billion over 2025-2029 period from equity or
asset monetization and slow dividend growth to retain more cash.
Parent-level debt is expected remain stable at about 25% of total
debt.
Selective Asset Sales: Over the last two years, AEP has utilized
asset sales as an incremental source of cash. Most recently the
company closed on the $2.8 billion minority interest transmission
sale. Previously AEP completed the sale of its contracted
renewables portfolio in August 2023, receiving approximately $1.2
billion, and the sales of its joint venture solar portfolio and of
its distributed resources business for net cash proceeds of
approximately $104 million and $318 million, respectively.
Regulatory Challenges: AEP's large footprint allows it to benefit
from regulatory diversity. While some regulatory jurisdictions have
been supportive, AEP has had mixed outcomes in others. Fitch views
improving regulatory outcomes as important to AEP's ability to
improve the company's consolidated credit metrics. Fitch expects
AEP's consolidated earned return on equity (ROE) to average around
9.0% in 2025-2027. The company's consolidated ROE as of LTM June
30, 2025, was 9.3%.
Securitization Filings: Many AEP subsidiaries are pursuing
securitization to mitigate rate increases while recovering
prudently incurred costs such as fuel balances, underdepreciated
coal assets, and storm costs. In June 2025, Kentucky Power Co.
(BBB/Stable) issued $478 million of securitization bonds.
Appalachian Power Co. (BBB+/Stable) has requested the authority to
issue $2.4 billion of securitization debt in its West Virginia
jurisdiction, inclusive of $800 million for Wheeling Power Co. (not
rated), and $1.4 billion in its Virginia jurisdiction. Fitch
considers the use of securitization to be generally credit
supportive. Fitch removes the impact of securitization debt when
calculating credit metrics.
Peer Analysis
AEP's credit metrics are weaker than 'BBB' rated utility parent
companies CMS Energy Corp. (CMS; BBB/Stable) and DTE Energy Company
(BBB/Stable), but stronger than Emera Incorporated (Emera;
BBB/Stable). All of these companies derive approximately 90%-95% of
EBITDA from regulated assets. AEP is the largest of them and has
the most geographically diverse asset mix in the U.S., operating in
11 states; however, Emera also operates in Canada.
Fitch considers AEP weakly positioned in its current rating
category. AEP's anticipated average FFO leverage of 5.8x is weaker
than DTE's anticipated average FFO leverage of 5.4x and CMS's
anticipated average FFO leverage of 5.2x. Emera is expected to be
more levered, with forecast FFO leverage at 5.8x-5.9x in 2025-2027.
Fitch estimates that AEP's parent-level debt will be approximately
25% over the forecast period. CMS and DTE parent-level debt is
expected to be 25%-30%. Emera's parent-level debt is expected to be
higher, at about 40%, but is expected to come down to 30%
post-asset sale and reduced debt.
Key Assumptions
- Consolidated capital expenditures of $33.3 billion from 2025 to
2027;
- Common dividends averaging $2.26 billion annually from 2025 to
2029, according to management's publicly stated forecast;
- Equity issuances or asset monetizations totaling $5.6 billion
from 2025 to 2029, as per management's publicly stated forecast;
- Constructive resolutions to base rate filings over the forecast
period;
- Recovery of deferred fuel and purchased power expenses with
minimal disallowances.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- FFO leverage exceeding 5.8x on a sustained basis;
- Inability to improve regulatory outcomes across AEP's service
territory;
- Renewed emphasis on non-regulated or uncontracted investments.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Sustained FFO leverage at or below 4.8x;
- Track record of favorable regulatory outcomes in across AEP's
service territory.
Liquidity and Debt Structure
AEP has a $5 billion committed RCF maturing in March 2029 and a $1
billion committed facility maturing in March 2027, which serve as a
backstop for AEP's CP program and letter of credit. As of June 30,
2025, AEP had $5.6273 billion of total liquidity after giving
effect for $227.3 million cash and $600 million of outstanding CP.
Under the covenants to its credit agreement, AEP must maintain a
debt-to-total-capitalization ratio that does not exceed 67.5%. As
of June. 30, 2025, this contractually defined percentage was
56.6%.
AEP has parent-level corporate maturities of $1.3 billion in 2025,
$50 million in 2026 and $1.0 billion in 2027. AEP's regulated
subsidiaries use a pool of corporate borrowing to meet short-term
funding needs. This money pool operates under regulators' approved
terms and conditions and includes maximum authorized borrowing
limits for individual companies.
Issuer Profile
AEP is a utility holding company of regulated electric utility
subsidiaries serving portions of Arkansas, Indiana, Kentucky,
Louisiana, Michigan, Ohio, Oklahoma, Tennessee, Texas, Virginia and
West Virginia. The company also has significant investments in
transmission assets regulated by the Federal Energy Regulatory
Commission (FERC).
Summary of Financial Adjustments
As of Dec. 31, 2024, Fitch has made the following adjustments:
- $578 million of securitized debt has been removed from Fitch's
AEP consolidated debt calculation;
- AEP debt is adjusted by assigning 50% equity credit to AEP's
fixed-to-fixed reset rate junior subordinated debentures.
Date of Relevant Committee
Nov 14, 2024
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating
----------- ------
American Electric
Power Company, Inc.
junior subordinated LT BB+ New Rating
AMN HEALTHCARE: Fitch Alters Outlook on 'BB' LongTerm IDR to Neg.
-----------------------------------------------------------------
Fitch Ratings has revised the Rating Outlook on AMN Healthcare
Services, Inc. (AMN) and its subsidiary AMN Healthcare, Inc. to
Negative from Stable and affirmed the Long-Term Issuer Default
Ratings (IDR) at 'BB'. Fitch has also affirmed the 'BBB-' rating
with a Recovery Rating of 'RR1' on the $750 million revolver due
2028, which is being amended to provide a $450 million revolver due
2030. Fitch also affirmed the 'BB'/'RR4' ratings on the 2029 and
2027 senior unsecured notes (the latter to be withdrawn upon
redemption) and assigned a 'BB'/'RR4' rating to the new 2031 senior
unsecured notes.
The Negative Outlook reflects limited visibility on stabilization
and leverage potentially reaching about 4.0x in 2026, outside the
2.5x-3.5x 'BB' IDR range. Previously, Fitch expected greater
stabilization in 2025, with leverage peaking near 3.5x. The 'BB'
IDR balances AMN's leading position in U.S. healthcare staffing,
moderate leverage, strong FCF and deleveraging commitment with its
cyclical, competitive business having limited diversification.
Key Rating Drivers
Healthcare Staffing Solutions Leader: AMN is one of the largest
U.S. staffing providers of travel nurses, temporary nurses, locum
tenens and allied healthcare staff. Despite recently ceding some
share, AMN over the last decade has more than doubled both revenue
from about $1.0 billion and EBITDA from under $100 million. While
the Nurse & Allied Solutions (NAS) segment and Physician &
Leadership Solutions (PLS) segment together generate the majority
of EBITDA, the Technology & Workforce Solutions (TWS) segment isn't
far behind given its much higher margins.
Outlook Reflects Rebasing of Demand: AMN benefitted significantly
when the pandemic disrupted the nursing labor market in 2021-2022,
driving a surge in demand for temporary hospital nurse staffing. In
2023-2024, health systems improved full-time nurse hiring and
retention materially, with some even insourcing temporary nurse
staffing capabilities. Fitch believes this has driven a deeper
reset in temporary staffing agency demand than many expected, with
declines in billable hours and bill rates driving AMN's EBITDA down
from its 2022 peak by 60% in 2024.
With some health systems still reducing temporary staffing use and
limited visibility on stabilization, Fitch now expects the NAS
segment to remain pressured until stabilizing in late 2026 into
early 2027, with modest EBITDA growth resuming in 2027 and
improving further in 2028. Fitch expects locum tenens demand to
recover sooner amid physician shortages, driving stabilization in
the PLS segment in 2026 and low-to-mid single-digit EBITDA growth
in 2027-2028. The high-margin, fee-based revenue from vendor
management systems (VMS) declined along with NAS demand moderating
in 2024, and Fitch expects the TWS segment to rebound with EBITDA
growth in 2027 and 2028.
Free Cash Flow Remains Solid: AMN's 'BB' IDR is supported by its
history of positive FCF over the full economic cycle, with FCF
rising from slightly positive levels a decade ago to $240 million
in 2024. Fitch expects staffing companies with well-managed balance
sheets can sustain positive FCF through the cycle by passing along
costs and flexing labor expense amid cyclical challenges. While
EBITDA may be pressured in the near term, Fitch thus still expects
FCF to total $100 million to $160 million annually, averaging about
5% of revenue.
Increase in Leverage Likely Limited: Fitch views AMN's commitment
to sub-2.5x net leverage as a positive. After reducing EBITDA
estimates to reflect a later rebound in demand, Fitch now sees
EBITDA leverage rising from 3.1x at YE 2024, to 3.7x at YE 2025,
4.1x at YE 2026, then declining to nearly 3.5x by YE 2027 (about
two years from now) and nearly 3.0x by YE 2028. This also reflects
Fitch's belief that AMN, in the near term, will primarily use FCF
to repay debt, without material debt-funded M&A or share purchases.
It also reflects Fitch's view that the structural U.S. nursing
shortage should support AMN's return to EBITDA growth by 2027.
Parent and Subsidiary Share IDR: AMN, which provides consolidated
financials for the company, and its subsidiary AMN Healthcare, the
borrower under the revolving credit agreement and issuer of the
bonds, have the same IDR. This is because the parent has no
material assets or liabilities other than those of the subsidiary
and there are no material impediments to AMN accessing the assets
of the operating subsidiaries that generate all the group's revenue
and EBITDA.
Peer Analysis
AMN's 'BB' IDR reflects its leading market position, business
diversification, meaningful positive FCF and moderate EBITDA
leverage.
Relative to Team Health Holdings, Inc. (B-/Stable), which operates
outsourced hospital physician staffing operations focused on ED
medicine and anesthesiology, AMN has significantly lower leverage
and significantly higher EBITDA margins, FCF margins, and interest
coverage.
Relative to other business services issuers rated by Fitch, AMN has
a higher mix of transactional revenue, driving greater cyclicality
at points in the economic cycle. While an industry reset from
post-pandemic normalization of healthcare temporary staffing demand
has driven operating declines at AMN since 2023, recent weakness in
AMN's financial performance also reflects some erosion of market
share, which Fitch is monitoring.
Key Assumptions
- Revenues decline at moderating rates through 1H 2026 due to
normalization of post-pandemic healthcare staffing demand and
competition, weighing on both bill rates and volumes, with
stabilization in 2H 2026 and a return to low-to-mid single-digit
growth thereafter;
- EBITDA margins decline from 11.4% in 2024 to 8.5% in 2025 and
7.4% in 2026 due to declines in revenue, with a recovery in revenue
driving an increase to 8.1% in 2027;
- Capex declines from 2.7% of revenue in 2024 to 1.5%-1.7%
thereafter;
- Working capital, after billing delays from an ERP system
conversion in 2023, is a source of cash adding about $45 million in
2025, about $20 million in 2026, and about $15 million in 2027;
- EBITDA leverage increases from 3.1x at YE 2024 to 3.7x at YE 2025
and 4.1x at YE 2026, due to declining EBITDA, then declines to 3.6x
by YE 2027 as EBITDA growth resumes, with FCF (totaling about $100
million-$160 million annually) cumulatively funding $120 million of
debt reduction in 2026 and 2027;
- M&A is paused through 2027, after which FCF is assumed to fund
$200 million of acquisitions in 2028;
- No share buybacks or dividends; other cash outflows limited to $5
million to $10 million annually in 2025 to 2027 on account of
charges for restructuring, litigation and other matters.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Fitch's expectation that EBITDA leverage is likely to be
sustained above 3.5x;
- Fitch's expectation that EBITDA margins are likely to be
sustained below 9.0%;
- Fitch's expectation that CFO-Capex / Debt is likely to be
sustained below 7.0%;
- Fundamental drivers suggesting sustained deterioration in
competitive position, including staffing volumes, bill rates or
margins.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Fitch's expectation that EBITDA leverage is likely to be
sustained below 2.5x;
- Fitch's expectation that EBITDA margins are likely to be
sustained above 12.0%;
- Fitch's expectation that CFO-Capex / Debt is likely to be
sustained above 8.0%;
- Fundamental drivers suggesting sustained improvement in
competitive position, including staffing volumes, bill rates or
margins.
Liquidity and Debt Structure
At YE 2024, liquidity totaled $531 million, consisting of $11
million of unrestricted cash and $520 million available under AMN's
$750 million revolver (net of $210 million drawn and $20 million of
letters of credit). Including AMN's FCF, liquidity is sufficient to
operate the business and repay all revolver debt. Fitch expects
such debt reduction is likely, with AMN likely abstaining from
share repurchases and material debt-funded M&A in the near term.
The capital structure consists of the $750 million senior secured
revolver due February 2028, $500 million of 4.625% senior unsecured
notes due October 2027, and $350 million of 4.000% senior unsecured
notes due April 2029.
The proposed transactions include a credit agreement amendment that
would reduce the size of the revolver from $750 million to $450
million and extend its maturity from 2028 to 2030. They also
include $400 million of new senior unsecured notes due 2031, which
along with $100 million of revolver borrowings, will refinance the
$500 million of senior unsecured notes due 2027 (excludes $6
million of cash used for transaction costs).
Issuer Profile
AMN, a U.S.-based healthcare staffing and talent solutions
provider, is among the largest providers of travel nursing and
locum tenens services for hospitals and other healthcare
facilities. It also offers staffing and technology-enabled
solutions for the healthcare industry.
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
----------- ------ -------- -----
AMN Healthcare
Services, Inc. LT IDR BB Affirmed BB
AMN Healthcare, Inc. LT IDR BB Affirmed BB
senior unsecured LT BB New Rating RR4
senior secured LT BBB- Affirmed RR1 BBB-
senior unsecured LT BB Affirmed RR4 BB
AMPLIFYBIO LLC: Oct. 28 Disclosure & Plan Combined Hearing Set
--------------------------------------------------------------
The Hon. Mina Nami Khorrami of the U.S. Bankruptcy Court for the
Southern District of Ohio will hold a combine hearing on Oct. 28,
2025, at 10:00 a.m. (prevailing Eastern Time) to consider final
approval of the adequacy of the disclosure statement for the
Chapter 11 plan of liquidation of AmplifyBio LLC and ADOC SSF LLC,
and the Official Committee of Unsecured Creditors, and confirm the
Debtors and Committee's Chapter 11 plan of liquidation. Objections
to the approval of the Debtors and Committees's disclosure
statement and confirmation of their Chapter 11 plan, if any, must
be filed no later than 5:00 p.m. (prevailing Eastern Time) on Oct.
21, 2025.
The Debtors and the Committee are the proponents of the Plan within
the meaning of section 1129 of the Bankruptcy Code. The Plan
provides for the liquidation of the Debtors' remaining assets and
distribution of the proceeds to Creditors. The Plan also contains,
among other things, a discussion of the Debtors' history,
businesses, properties, operations, the chapter 11 cases, risk
factors, summary and analysis of the Plan, and certain other
related matters.
The Court approved the Debtors' disclosure statement on the initial
basis on Sept. 15, 2025.
Deadline to accept or reject the Debtors' Chapter 11 plan is Oct.
21, 2025, at 5:00 p.m. (prevailing Eastern Time).
Summary of Classes and Projected Recoveries
Estimated Estimated
Cl. Interest Status Claims Recovery
--- -------- ------ --------- ---------
1 Other Unimpaired $0 100%
Secured
2 Priority Unimpaired $1,003,000 100%
Non-Tax
3 Battelle Impaired $8,972,150 0%
Claims
4 General Impaired $25,058,000 5.5%
Unsecured
5 Intercompany Impaired $38,886,000 0%
6 Interest Impaired $106,901,000 0%
For more information regarding the solicitation procedures, or to
request a ballot or additional copies of the combined disclosure
statement and plan or related materials, contact the claims and
balloting agent by email at amplifybioinfo@epiq.com with
"amplifybio" in the subject line or by telephone at (888) 893-5743
(US & Canada toll free) and (503) 660-4986 (international).
The direct link to the Combined Disclosure Statement and Plan is
https://tinyurl.com/5xv4ukjc
About AmplifyBio LLC
AmplifyBio LLC is a preclinical contract research and manufacturing
organization based in Ohio that offers integrated services for
therapeutic development, including R&D, preclinical testing, and
scalable manufacturing for advanced therapies such as cell and gene
therapies, mRNA, and non-viral gene editing platforms. Formed as a
2021 spinout from Battelle Memorial Institute, the Company has
expanded through acquisitions and facility investments, including a
350,000-square-foot cGMP manufacturing site in New Albany. Its
wholly owned subsidiary, ADOC SSF, LLC, is fully integrated into
its operations and participates in scientific, operational, and
financial activities.
AmplifyBio LLC and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Ohio Lead Case No. 25 52140)
on May 16, 2025. In its petition, AmplifyBio reports estimated
assets between $100 million and $500 million and estimated
liabilities between $10 million and $50 million.
Bankruptcy Judge Mina Nami Khorrami handles the case.
Scott N. Opincar, Esq. and Maria G. Carr, Esq. at McDONALD HOPKINS
LLC, is the Debtors' counsel. HUTCHISON PLLC is the Debtor's
co-counsel. EPIQ CORPORATE RESTRUCTURING, LLC is the Debtors'
Notice, Claims and Balloting Agent.
The U.S. Trustee for Regions 3 and 9 appointed an official
committee to represent unsecured creditors in the Chapter 11 cases.
The Committee retained White & Case LLP as its counsel, and Tucker
Ellis LLP as its co-counsel.
ANYWHERE REAL: Moody's Puts 'B3' CFR Under Review for Upgrade
-------------------------------------------------------------
Moody's Ratings placed its ratings for Anywhere Real Estate Group
LLC (Anywhere) under review for upgrade, including the B3 corporate
family rating and B3-PD probability of default rating.
Concurrently, Moody's placed all instrument ratings for Anywhere
under review for upgrade, including the Ba3 senior secured first
lien bank credit facility, B3 backed senior secured second lien
notes, and Caa2 senior unsecured notes. The speculative grade
liquidity rating remains unchanged at SGL-3. Previously, the
outlook was stable.
The rating action follows the announcement that the company's
parent has entered into a definitive agreement to merge with a
subsidiary of Compass Inc. (Compass). Anywhere shareholders will
receive 1.436 Compass class A common stock, or roughly $1.6
billion. The transaction is expected to close in the second half of
2026 subject to the approval of Compass and Anywhere shareholders
and regulators, along with customary closing conditions.
As part of the financing, Compass has publicly stated its intention
to assume $2.1 billion Anywhere's existing debt. Moody's reviews of
the ratings will focus on the combined company's credit profile and
pro forma capital structure upon closing of the transaction,
including any anticipated parental support.
RATINGS RATIONALE / FACTORS THAT COULD LEAD TO AN UPGRADE OR
DOWNGRADE OF THE RATINGS
The ratings were placed on review for upgrade based on potential
ownership by Compass, which will result in a larger and more
diverse business with access to greater financial resources.
Moody's believes that Anywhere's operations will be complimentary
to Compass' existing brokerage operations and adds diversity from
its franchising opportunities and title operations. The combination
will also benefit from operational efficiencies.
Anywhere Real Estate Group LLC (formerly known as Realogy Group
LLC) is an indirect subsidiary of publicly-traded Anywhere Real
Estate Inc. (NYSE:HOUS, formerly known as Realogy Holdings Corp.)
and is based in Madison, NJ. Anywhere provides franchise and
brokerage operations as well as national title, settlement, and
relocation services, and nationally scaled mortgage origination and
underwriting joint ventures. The company operates in three
segments: Franchise Group, Brokerage Group, and Title Group. The
franchise brand portfolio includes Better Homes and Gardens® Real
Estate, CENTURY 21®, Coldwell Banker®, Coldwell Banker
Commercial®, Corcoran®, ERA®, and Sotheby's International
Realty®. Moody's expects revenue of $5.9 billion in 2025.
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.
API GP VENTURE: Hires Pierson Ferdinand LLP as Bankruptcy Counsel
-----------------------------------------------------------------
API GP Venture Partners, LLC and its affiliates seek approval from
the U.S. Bankruptcy Court for the District of Delaware to hire
Pierson Ferdinand LLP as their bankruptcy counsel.
The firm's services include:
a. advising the Debtors with respect to their powers and
duties as debtors-in-possession in the continued management and
operation of their business and properties;
b. advising and consulting on the conduct of these chapter 11
cases, including all of the legal and administrative requirements
of operating in chapter 11;
c. attending meetings and negotiating with representatives of
the Debtors' creditors and other parties in interest;
d. taking all necessary actions to protect and preserve the
Debtors' estates, including prosecuting actions on the Debtors'
behalf, defending any action commenced against the Debtors, and
representing the Debtors in negotiations concerning litigation in
which the Debtors are involved, including objections to claims
filed against the Debtors' estates;
e. preparing pleadings in connection with these chapter 11
cases, including motions, applications, answers, orders, reports,
and papers necessary or otherwise beneficial to the administration
of the Debtors' estates;
f. advising the Debtors in connection with a proposed sale of
their assets;
g. appearing before the Court and any appellate courts to
represent the interests of the Debtors' estates;
h. advising the Debtors regarding tax matters;
i. advising the Debtors regarding insurance and regulatory
matters;
j. taking any necessary action on behalf of the Debtors to
negotiate, prepare, and obtain approval of a disclosure statement
and confirmation of a chapter 11 plan and all documents related
thereto; and
k. performing all other necessary legal services for the
Debtors in connection with the prosecution of these chapter 11
cases, including: (i) analyzing the Debtors' leases and contracts
and the assumption and assignment or rejection thereof; (ii)
analyzing the validity of liens against the Debtors; and (iii)
advising the Debtors on corporate and litigation matters.
Mette H. Kurth is the principal attorney presently designated to
represent the Debtors. Ms. Kurth's hourly rate is $975. Tracey
Morgan is the principal paralegal designated to assist Ms. Kurth
with respect to these cases; her standard hourly rate is $270.
The firm received a retainer in the amount of $235,000.
Ms. Kurth assured the court that his firm is a "disinterested
person" within the meaning of 11 U.S.C. 101(14).
The firm can be reached through:
Mette H. Kurth, Esq.
PIERSON FERDINAND LLP
3411 Silverside Road
Baynard Building, Suite 104-13
Wilmington, DE 19810
Telephone: (302) 907-9262
Email: mette.kurth@pierferd.com
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
API GP VENTURE: Taps J. Michael Issa of GlassRatner as CRO
----------------------------------------------------------
API GP Venture Partners, LLC and its affiliates seek approval from
the U.S. Bankruptcy Court for the District of Delaware to hire
GlassRatner Advisory & Capital Group, LLC to provide J. Michael
Issa to serve as the chief restructuring officer as well as other
personnel.
GlassRatner will render these services:
a. make all decisions, execute all documents, and take any
and all actions necessary or appropriate for the operation,
management, restructuring, reorganization, or liquidation of the
Debtors and their assets, including daily operations and oversight
of property management.
b. act as the sole signatory on all Debtor bank accounts with
exclusive authority to open, close, and control such accounts, and
manage all cash, including collection, deposit, and disbursement of
funds, rents, and tenant security deposits.
c. access, secure, and control all books, records, electronic
files, and financial systems of the Debtors; conduct or commission
forensic investigations, audits, and reviews as needed with respect
to the Debtors' assets, liabilities, and potential claims,
including possible avoidance actions or turnover demands.
d. appoint, employ, direct, or terminate all Debtor
personnel, property managers, contractors, and vendors, and enter
into, amend, terminate, assume, or reject contracts and management
or affiliate agreements as necessary.
e. communicate with and direct all tenants, vendors, lenders,
creditors, and other stakeholders, including providing regular
reporting and establishing communication protocols.
f. establish a communication protocol with both of the
Debtors' members to provide regular reporting regarding financial
status, operations, and restructuring progress, as appropriate in
the CRO's business judgment and considering the exigences of these
Chapter 11 Cases.
g. manage the bankruptcy process, including coordination with
case professionals, preparation of all required bankruptcy filings
and reports (including Statements of Financial Affairs, Schedules
of Assets and Liabilities, Monthly Operating Reports), and
providing testimony as needed.
h. lead the preparation and review of financial projections,
cash flow budgets, and financial reporting; implement cash
conservation strategies; identify liquidity needs; negotiate the
use of cash collateral; and solicit or negotiate financing.
i. negotiate with creditors and other constituents concerning
restructuring of debt, a plan of reorganization, or a plan of
liquidation, and seek confirmation of a plan.
j. provide such other similar services as may be requested by
the Debtors and agreed to by GlassRatner, in keeping with its
ethical responsibilities.
The firm received a retainer in the amount of $150,000.
Mr. Issa's current hourly rate is $750 and the standard hourly rate
for the forensic analyst staff who will serve as additional
personnel is $450.
Mr. Issa, senior managing director of GlassRatner, assured the
court that the firm is disinterested and does not represent or hold
any interest adverse to the Debtors or to the estates.
The firm can be reached through:
J. Michael Issa
GlassRatner Advisory & Capital Group LLC
d/b/a B. Riley Advisory Services
19800 MacArthur Blvd., Suite 820
Irvine, CA 92612
Telephone: (949)407-6620
Email: missa@brileyfin.com
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
API GP VENTURE: 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 API GP Venture Partners, LLC.
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
API GROUP: Moody's Affirms 'Ba2' CFR, Outlook Remains Stable
------------------------------------------------------------
Moody's Ratings affirmed APi Group DE, Inc.'s (APi) Ba2 corporate
family rating, Ba2-PD probability of default rating, the Ba1
ratings on the senior secured first lien bank credit facilities and
the B1 ratings on the senior unsecured notes. The SGL-1 Speculative
Grade Liquidity Rating remains unchanged. The outlook remains
stable.
The affirmation and stable outlook reflect the company's strong
performance and credit metrics as well as robust liquidity profile.
Moody's expects the company to maintain its strong credit metrics
while growing both organically and through acquisitions.
RATINGS RATIONALE
APi's Ba2 CFR reflects the company's market position as the largest
provider by revenue of fire protection and sprinkler services with
a broad customer base and a large market expansion opportunity in a
highly fragmented market. APi's acquisition of Elevated Facility
Services Group also made it one of the largest providers of
elevator inspections, maintenance, repair and modernization
services. The rating also benefits from the company's resilient
profitability, positive free cash flow and very good liquidity.
At the same time, the rating is constrained by the company's
vulnerability to cyclical end markets and the competitive nature of
the business in which it operates. APi partakes in debt-financed
acquisitions but has a history of deleveraging through earnings
growth and debt repayment. Moody's expects Moody's adjusted
leverage will be around 3.25x by the end of 2025 with slight
improvement in 2026.
The stable outlook reflects Moody's expectations that APi will
continue to grow revenue organically and through bolt-on
acquisitions, while keeping stable credit metrics and generating
strong free cash flow.
APi's SGL-1 Speculative Grade Liquidity Rating reflects Moody's
views that the company will generate substantial free cash flow and
maintain significant revolver availability. The company's very good
liquidity is supported by $432 million in cash as of June 30, 2025,
nearly full availability under its $750 million revolving credit
facility expiring on May 20, 2030, and Moody's assumptions for
significant free cash flow generation in 2025 and 2026. The credit
facility has a springing covenant of 1st lien secured
debt-to-EBITDA, which gets triggered if over 30% of the revolver is
drawn. The first lien net leverage covenant is 3.75x. Moody's
expects the company to remain in compliance with its covenant.
Substantially all assets are encumbered by the company's capital
structure leaving minimal sources of alternate liquidity.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
A ratings upgrade would require the company to maintain
conservative financial policies, very good liquidity and strong
free cash flow. An upgrade would also require debt to EBITDA below
3.0x, EBITA to interest expense above 6.0x and retained cash flow
to net debt above 25%.
The ratings could be downgraded if there is a contraction in
operating performance or a deterioration in liquidity. The ratings
could also be downgraded if debt to EBITDA is above 4.0x, EBITA to
interest expense is below 4.5x or retained cash flow to net debt is
below 15%.
Headquartered in New Brighton, MN, APi Group Corporation is a
publicly traded company on the NYSE with the ticker symbol APG. As
measured by revenue, APi Group Corporation is the largest provider
of fire protection and sprinkler services and a top five specialty
contractor in North America with a broad customer base and a
diversified revenue stream. The company generated about $7.4
billion in revenue for the last 12 months (LTM) period ending June
30, 2025.
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.
ARP HOSPITALITY: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
ARP Hospitality Group, LLC received final approval from the U.S.
Bankruptcy Court for the District of New Jersey to use cash
collateral.
The final order authorized the Debtor to use cash collateral for
ordinary business expenses, including payroll, payroll taxes,
insurance, and inventory purchases.
As adequate protection for the Debtor's use of its cash collateral,
Stabilis Lending, LLC will be granted a replacement lien on the
Debtor's post-petition assets and the proceeds thereof, with the
same priority and extent as its pre-bankruptcy lien.
In case the replacement lien proves inadequate, the secured
creditor will have a superpriority administrative expense claim,
senior to any and claims against the Debtor.
An event of default shall occur if: (i) the Debtor defaults under
or rejects any Fairfield by Marriott Relicensing Franchise
Agreement; (ii) breaches any franchise agreement with Marriott,
including nonpayment; or (iii) defaults under any loan documents
with the secured creditor, including, without limitation, a payment
default.
The Debtor operates a hotel managed by Priti Patel and is not in
monetary default to Stabilis to which it owes approximately $7.35
million.
The Debtor said that using the cash collateral is essential to
preserve the value of its estate and Stabilis' collateral. Without
such use, the Debtor would face immediate and irreparable harm.
Stabilis is represented by:
Scott M. Esterbrook, Esq.
Reed Smith LLP
Three Logan Square
1717 Arch Street
Philadelphia, PA 19103
Telephone: (215) 851-8100
Facsimile: (215) 851-1420
Sesterbrook@reedsmith.com
About ARP Hospitality Group LLC
ARP Hospitality Group LLC, doing business as Fairfield by Marriott,
operates a midscale hotel offering lodging, breakfast, and business
services. The property is located in Paramus, New Jersey, and
serves both business and leisure travelers.
ARP Hospitality Group LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-17941) on July 29,
2025. In its petition, the Debtor reports total assets of
$9,957,890 and total liabilities of $7,960,943.
Judge John K. Sherwood oversees the case.
The Debtor is represented by Michael S. Kopelman, Esq. at KOPELMAN
& KOPELMAN, LLP.
AT HOME: Closes Over 20 Stores, To Close More Stores in October
---------------------------------------------------------------
Fernando Cervantes Jr. of USA TODAY reports that after filing for
Chapter 11 bankruptcy in June 2025, the majority of At Home's
previously announced store closures have been completed, while a
handful of locations are set to be shuttered in the next month.
The furniture and home decor retailer based in Coppell, Texas filed
for Chapter 11 bankruptcy due to broader economic and
retail-specific market pressures, according to court documents. As
part of the bankruptcy process, the company tapped 31 stores to
close. The majority of closures were scheduled to occur no later
than Sept. 30, while three others are set to happen no later than
October 25, 2025, based on court filings obtained by USA TODAY. But
many of the doomed locations have already shuttered, the report
states.
The store closures come amid an uncertain economic outlook and
problems for other big-box stores, including Big Lots, Joann
Fabrics, Kohl's, JCPenney, Macy's and Party City.
A look at the At Home locations that have shuttered and those
scheduled to close next.
* 6135 Junction Boulevard in Rego Park, New York
* 300 Baychester Ave. in Bronx, New York
* 750 Newhall Drive in San Jose, California
* 2505 El Camino Real in Tustin, California
* 14585 Biscayne Boulevard in North Miami, Florida
* 2200 Harbor Boulevard in Costa Mesa, California
* 3795 E. Foothills Boulevard in Pasadena, California
* 1982 E. 20th St. in Chico, California
* 2820 Highway 63 South in Rochester, Minnesota
* 26532 Towne Center Drive, Suites A-B in Foothill Ranch,
California
* 1001 E. Sunset Drive in Bellingham, Washington
* 8320 Delta Shores Circle South in Sacramento, California
* 1361 NJ-35 in Middletown Township, New Jersey
* 2900 N. Bellflower Boulevard in Long Beach, California
* 720 Clairton Boulevard in Pittsburgh, Pennsylvania
* 2530 Rudkin Road in Yakima, Washington
* 571 Boston Turnpike in Shrewsbury, Massachusetts
* 5203 W. War Memorial Drive in Peoria, Illinois
* 8300 Sudley Road in Manassas, Virginia
* 461 Route 10 East in Ledgewood, New Jersey
* 905 S 24th St. West in Billings, Montana
* 13180 S. Cicero Ave. in Crestwood, Illinois
* 101 Randall Road in Lake in the Hills, Illinois
Stores scheduled set to close not later than September 30, 2025
* 3271 Market Place Drive in Council Bluffs, Iowa
* 3175 W 3rd Street in Bloomington, Indiana
* 3100 Washtenaw Avenue in Ypsilanti, Michigan
* 2341 Route-66 in Ocean Township, New Jersey
* 190 South 500 West in West Bountiful, Utah
Stores scheduled to close not later than October 25, 2025
* 5101 Fashion Drive in Nanuet, New York
* 2100 S. Randall Road in Geneva, Illinois
* 2201 Zeier Road in Madison, Wisconsin
Stores closures which were canceled
* 300 Providence Highway in Dedham, Massachusetts
* 19460 Compass Creek Parkway in Leesburg, Virginia
* 3201 N. Mayfair Road in Wauwatosa, Wisconsin
* 301 Nassau Park Boulevard in Princeton, New Jersey
The company representative offered no comment when reached on
Thursday, September 25, 2025.
About At Home Group Inc.
At Home Group Inc. is a home decor and furnishings retailer
offering a wide range of everyday and seasonal products for all
areas of the home. The Company operates 260 large-format stores
across 40 U.S. states and an e-commerce platform. Headquartered in
Coppell, Texas, At Home was founded in 1979 and employs 7,170
people.
On June 16, 2025, At Home announced it entered a Restructuring
Support Agreement (RSA) with certain of its lenders, which will
eliminate substantially all of its long-term debt and provide the
Company with new financial resources to support the business and
position At Home for future success.
To implement the terms of the RSA, At Home and 41 of its
subsidiaries have commenced voluntary Chapter 11 proceedings in
Delaware (Bankr. D. Del. Lead Case No. 25-11120). The proceedings
are pending before Judge J. Kate Stickles.
In connection with this process, At Home is entering into an
agreement for $600 million in debtor-in-possession financing, which
includes a $200 million capital infusion from certain of its
existing lenders and a "roll up" of $400 million of existing senior
secured debt.
The Debtors tapped Kirkland & Ellis LLP as restructuring counsel;
Young Conaway Stargatt & Taylor, LLP, as Delaware restructuring
counsel; AlixPartners LLP as financial advisor; and PJT Partners,
Inc., as investment banker. Omni Agent Solutions, Inc., is the
claims agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
AUTO HOUSE: Gets Final OK to Use Cash Collateral
------------------------------------------------
The U.S. Bankruptcy Court for the District of Kansas issued a
supplemental final order authorizing Auto House, Inc. to use the
cash collateral of U.S. Small Business Administration.
The final order authorized the Debtor to use cash collateral and
inventory in the ordinary course of business, subject to strict
conditions, including adherence to a budget, restrictions on
insider payments, and prohibitions on unauthorized pre-bankruptcy
or professional fee payments.
As protection for the Debtor's use of its cash collateral, SBA will
be granted replacement security interests in and liens on all
property acquired by the Debtor after the petition date that is
similar to its pre-bankruptcy collateral. The replacement liens do
not apply to any Chapter 5 causes of action.
As further protection, the Debtor will continue to maintain
insurance on its property and pay $3,000 per month to SBA until
further order of the court.
The Debtor must also maintain insurance, stay current on taxes, and
promptly notify SBA of any budget failures.
A copy of the supplemental final order is available at
https://is.gd/DnQoHJg from PacerMonitor.
About Auto House Inc.
Auto House, Inc. offers 24/7 towing and roadside assistance for all
vehicle types across Central Kansas. It also provides heavy truck
and off-road recovery, including semi-truck recovery and load
management. Through its affiliate Kansas Environmental Cleanup, the
company delivers certified HAZMAT cleanup and site remediation
services throughout the state.
Auto House sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Kan. Case No. 25-20726) on May 31, 2025. In its
petition, the Debtor reported total assets of $1,825,013 and total
liabilities of $4,479,222.
Judge Robert D. Berger handles the case.
The Debtor is represented by:
Colin N. Gotham, Esq.
Evans & Mullinix, P.A.
Tel: 913-962-8700
cgotham@emlawkc.com
AVIENT CORP: Moody's Affirms 'Ba2' CFR, Outlook Stable
------------------------------------------------------
Moody's Ratings affirmed Avient Corporation's (Avient) Ba2
Corporate Family Rating, Ba2-PD Probability of Default Rating and
Ba3 rating on senior unsecured notes. Moody's also upgraded the
rating on the existing senior secured first lien term loan B to
Baa3 from Ba1. The Speculative Grade Liquidity Rating (SGL) is
maintained at SGL-1. The outlook is stable.
The upgrade of the senior secured term loan rating reflects the
completed and planned reduction of the outstanding amount, as well
as a replacement of the ABL revolver, which was structurally ahead
of the term loan, with a cash flow revolver, which is ranked pari
passu with the term loan. The company repaid $50 million of the
term loan to bring the principal to $670 million in the second
quarter and plans to repay $100-$200 million of debt this year.
RATINGS RATIONALE
Avient Corporation's Ba2 rating incorporates the company's scale,
geographic reach and exposure to diverse end markets. About half of
its sales (51% in 2024) are generated from less economically
sensitive markets such as packaging, healthcare and consumer goods
and about 7% from defense, which is benefiting from increasing
government spending. The credit profile reflects improving EBITDA
margins (approximately 18.6% in the twelve months ended June 2025
on a Moody's adjusted basis, which includes interest income, and
about 17% without) and specialty product offerings with sound
growth prospects. The rating is further supported by the company's
large cash balance, projected free cash flow generation and
expectations of improving earnings in 2025 as the company focuses
on organic revenue growth and margin expansion, while management
has de-emphasized growth through acquisitions going forward. The
company has tightened its 2025 EBITDA forecast, but still projects
year-on-year 4-6% growth excluding foreign currency impact, as
resilient demand in healthcare and defense end markets offsets
consumer weakness. The company continues to focus on productivity
improvements driven by sourcing, plant operations, cost control and
footprint optimization. Moody's expects that slowing economic
growth in 2026 may negatively impact the company's organic growth
rates, offsetting some of the company's growth and productivity
initiatives, but low capital intensity of the business should still
support free cash flow generation.
Avient's credit profile is constrained by exposure to the cyclical
end markets such as industrial, building and construction and
transportation (35%) and by the elevated gross debt leverage
(approximately 3.6x in the twelve months ended June 2025 on a
Moody's adjusted basis). Moody's expects Avient's credit metrics
will be consistent with the rating over time. Risk factors include
softening consumer demand due to slowing economic and uncertainty
related to trade, ongoing challenges in the domestic housing market
and foreign currency fluctuations, given that 59% of the company's
sales were generated abroad. The company has an extensive
production facility network (over 100 sites in 34 countries) and
mostly produces and sells within the region where it operates,
rendering is less exposed to tariffs.
The stable outlook reflects Moody's expectations that the company
will maintain its margin improvement. Moody's also expects Avient
to continue generating solid free cash flow and maintain good
liquidity, including balance sheet cash and revolving credit
availability, to support operations.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could upgrade the ratings with expectations for retained
cash flow-to-net debt (RCF/Net Debt) sustained above 20% and
adjusted financial leverage sustained below 3.0x. An upgrade would
also require a commitment to more conservative financial policies.
The ratings could be downgraded with expectations for retained cash
flow-to-net debt (RCF/Net Debt) sustained below 10%, adjusted
financial leverage sustained above 4.0x, or available liquidity
below $500 million. Additionally, Moody's could downgrade the
ratings if there is a significant debt-funded acquisition or
failure to obtain the targeted cost synergies.
Liquidity analysis
Avient's SGL-1 rating reflects expectations that the company will
maintain very strong liquidity over the next 12 months. Moody's
expects the company will be able to meet operational needs and
estimated capital expenditures of approximately $110 million with
internally generated funds. Avient had cash on hand of $475 million
at the end of June 2025. The company has an undrawn $500 million
revolving credit facility, which can be increased by $250 million.
The revolver matures on June 12, 2030 or May 01, 2030 if $725
million of notes that mature on August 01, 2030 are still
outstanding. The term loan matures before the revolver in August
2029. If there are borrowings on the revolver the company has to
meet a senior secured net leverage of 3.0x, which could be
increased to 3.5x following an acquisition. The company has
significant headroom under the covenant and Moody's do not expect
it to rely on the revolver.
Avient Corporation, headquartered in Avon Lake, Ohio, is a
formulator of specialized and sustainable material solutions.
Avient develops and manufactures performance enhancing additives
and advanced composites as well as liquid, fluoropolymer, and
silicone colorants. The company operates in two business segments:
1) Color Additives & Inks and 2) Specialty Engineered Materials.
Avient reported revenue of approximately $3.2 billion for the last
twelve months ended June, 2025.
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.
BEAUTIFUL CITY: Hires Goldenberg Heller as Bankruptcy Counsel
-------------------------------------------------------------
Beautiful City, LLC, seeks approval from the U.S. Bankruptcy Court
for the Southern District of Illinois to hire Goldenberg Heller &
Antognoli, P.C. as bankruptcy counsel.
The firm will render these services:
(a) advise the Debtor with respect to matters in litigation
affecting Debtor's continued operation of its business and property
as Debtor-in-Possession;
(b) assist the Debtor in formulation and presentation to
creditors and parties in interest of Chapter 11 Plan;
(c) assist the Debtor in implementation of a Chapter 11 Plan;
(d) represent the Debtor in connection with actions under
Chapter 5 of the Bankruptcy Code;
(e) object to claims, when appropriate;
(f) provide such other and further services as are necessary,
including, without limitation, the defense of contested matters.
Wolfram Capital Partners, a nondebtor, paid a general retainer of
$39,978.33.
As disclosed in the court filings, Goldenberg Heller & Antognoli
has not represented any adverse party, and has no conflict of
interest arising from their representation of Debtor and
Debtor-in-Possession in these proceedings.
The firm can be reached through:
Steven M. Wallace, Esq.
GOLDENBERG HELLER & ANTOGNOLI, P.C.
2227 S. State Route 157
Edwardsville, IL 62025
Tel: (618) 656-5150
Fax: (618) 656-6230
Email: steven@ghalaw.com
About Beautiful City LLC
Beautiful City LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ill. Case No. 25-60078) on May 11,
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 Mary E. Lopinot handles the case.
The Debtors are represented by Steven M. Wallace, Esq. at GOLDBERG
HELLER & ANTOGNOLI, P.C.
BIO GYMNASTICS: Court Extends Cash Collateral Access
----------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Georgia,
Gainesville Division, issued a fourth interim order authorizing BIO
Gymnastics and Athletics Unlimited, LLC to continue using cash
collateral.
The fourth interim order authorized the Debtor to use cash
collateral based on the budget filed with the court to fund
operations from September 11 to November 11.
The interim order granted Tandem Bank and merchant cash advance
lenders valid and properly perfected liens on all property acquired
by the Debtor after the petition date similar to their
pre-bankruptcy collateral. These liens do not apply to any Chapter
5 avoidance actions.
As additional protection, the Debtor was ordered to pay $6,500 to
Tandem Bank this month and on October 18; and $3,894 to SBA on
October 5 and November 5.
The next hearing is scheduled for November 6.
Tandem Bank asserts a first priority lien and interest in the
Debtor's assets based on the loan it provided to the Debtor in the
principal amount of $730,000. Meanwhile, the Debtor owed $410,960
to the MCA lenders as of the petition date.
Tandem Bank is represented by:
Leslie M. Pineyro, Esq.
Jones & Walden, LLC
699 Piedmont Avenue, NE
Atlanta, GA 30308
(404) 564-9300
lpineyro@joneswalden.com
About BIO Gymnastics and Athletics Unlimited
BIO Gymnastics and Athletics Unlimited, LLC sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No.
25-20676) on May 14, 2025.
Judge James R. Sacca presides over the case.
Antoinette C. Martin, Esq., at ACM Law Group, P.C., represents the
Debtor as legal counsel.
BKV CORP: Fitch Assigns 'B' LongTerm IDR, Outlook Stable
--------------------------------------------------------
Fitch Ratings has assigned BKV Corporation and BKV Upstream
Midstream, LLC (together BKV) a first-time Long-Term Issuer Default
Rating (IDR) of 'B'. The Rating Outlook on the IDRs are Stable.
Fitch has also assigned a 'B' rating with a Recovery Rating of
'RR4' to the proposed senior unsecured notes issued by LLC.
BKV's ratings reflect its strong business profile, driven by the
accretive Bedrock acquisition that expands gas‑weighted acreage
and reinforces its leading position in the Barnett Shale. The
ratings also consider BKV's low‑decline asset base, improved
financial profile following the proposed senior unsecured notes
issuance, good liquidity, multi-year hedging program, and Fitch's
expectation of positive FCF and sub-2.0x leverage over the rating
horizon. Key constraints include weaker cash netbacks relative to
peers and execution risk in an M&A‑led growth strategy.
Key Rating Drivers
Favorable Note Issuance: Fitch expects BKV's proposed senior
unsecured notes to strengthen the company's business and financial
profile. Proceeds will partially fund the USD370 million Bedrock
acquisition and repay borrowings under the RCF. The acquisition
expands BKV's gas‑weighted acreage and reinforces the company's
leadership position in the Barnett. On a pro forma basis, Fitch
forecasts production of about 950 million cubic feet equivalent of
natural gas per day (mmcfe/d) in 2026, and expects the transaction
to be accretive to credit metrics.
Sub-2.0x Midcycle Leverage: Fitch projects EBITDA leverage of about
1.5x in 2025, rising to around 1.9x over the rating horizon under
the agency's midcycle price assumptions. The proposed senior
unsecured notes also extend the company's maturity profile to 2030,
providing runway to generate FCF, reduce debt, or pursue M&A.
Low Decline Assets: BKV's gas‑weighted portfolio has low base
declines, allowing production to be sustained with modest
maintenance capex, which supports the company through the cycle.
Management estimates annual base declines of about 8% over the next
10 years, reflecting a mature, developed asset base. The decline
profile provides flexibility to scale back activity and let volumes
modestly drift during periods of price volatility, with limited
effects on long‑term recoveries. Lower maintenance capex
requirements support cash flow durability and help offset higher
operating costs, which result in BKV's half‑cycle cash netbacks
being at the low end compared to gas‑focused peers.
Multi-Year Hedge Program: BKV's three‑year rolling hedging
program supports liquidity and cash flow visibility, and Fitch
expects the company to maintain this approach. The company's
reserve-based lending credit facility (RBL) requires hedging of at
least 50% of next‑12‑month proved developed producing (PDP)
volumes. Management targets longer‑dated coverage of 50%-60%,
which Fitch views favorably. Approximately 60% of total volumes are
hedged through YE 2026, declining toward 45% in 2027. While the
hedge book underpins near‑term cash flow, weaker realized
netbacks could weigh on FCF in a prolonged period of low natural
gas prices if adequate hedge levels and pricing are not
maintained.
Evolving Production Profile, FCF Prioritized: Under Fitch's
base‑case price deck, the agency expects modest, single‑digit
production declines at the midcycle natural gas price of
USD2.75/mcf. However, Fitch expects BKV could grow organically
while generating FCF if current strip prices are maintained.
Management targets an upstream reinvestment rate of about 30% and
caps total capex at about 50% to preserve FCF. With no shareholder
distribution policy, excess FCF is expected to fund bolt‑on M&A
and debt reduction.
Growth Through Acquisition: BKV has scaled to about 950 (mmcfe/d),
primarily through PDP‑heavy acquisitions, targeting mature, low
decline assets in the Barnett. About 85% of total production
volumes are from the Barnett, where BKV is the largest operator;
the remaining 15% comes from the Marcellus in northeast
Pennsylvania. Fitch expects M&A to remain central to growth, while
a single‑rig drilling program and an active re‑frac program of
two to three wells per month apply newer completion designs to
legacy wells to supplement organic growth.
Peer Analysis
BKV is projected to produce about 950mmcfe/d in 2026, which is
similar to Gulfport Energy Corporation (B+/Stable) at about
1,006mmcfe/d, but smaller than Ascent Resources Utica Holdings, LLC
(BB-/Positive) at about 2,034mmcfe/d.
BKV's unhedged cash netbacks are modestly below those of its peers,
reflecting higher production expenses and a lower liquids mix. BKV
benefits from a low base decline, unlike its peers, which reduces
drilling and completion capex needed to hold production flat
through cycles.
Fitch projects BKV's leverage at 1.0x-2.0x over the forecast
horizon, broadly in line with its gas‑weighted peers.
Key Assumptions
- West Texas Intermediate (WTI) oil prices per barrel of $65 in
2025, $60 in 2026 and 2027, $57 thereafter;
- Henry ub Natural Gas prices of $3.40/mcf in 2025, $3.50/mcf in
2026, $3.00/mcf in 2027, and $2.75/mcf thereafter;
- Acquisition-related production growth in 2026, followed by modest
declines at mid-cycle prices;
- Unsecured bond issuance of $500 million used to repay RBL
borrowings and fund the Bedrock acquisition;
- Acquisition is completed in late 3Q25;
- No dividend distributions during forecast.
Recovery Analysis
Key Recovery Ratings Assumptions
- The recovery analysis assumes that BKV would be reorganized as a
going-concern in bankruptcy rather than liquidated.
- Fitch has assumed a 10% administrative claim and 70% draw on the
planned upsizing of the Reserve-based revolver ($800 million).
Going-Concern (GC) Approach
BKV's GC EBITDA assumption reflects a stress price deck assumption
of Henry Hub natural gas at $3.00/mcf in 2025, $2.50/mcf in 2026
and $2.25/mcf thereafter. Price assumptions reflect the decline
from current pricing levels to stressed levels and then a partial
recovery coming out of a troughed pricing environment.
In addition, Fitch made assumptions for lower costs, reduced
capital spending and lower production estimates during a weak price
environment. Having applied an enterprise valuation multiple of
3.25x EBITDA, the GC EBITDA estimate of $245 million reflects
Fitch´s view of a sustainable, post-reorganization EBITDA level
upon which Fitch bases the enterprise valuation.
The choice of this multiple considers historical bankruptcy case
study exit multiples for peer companies ranging from 2.8x to 7.0x,
with an average of 5.2x and a median of 5.4x. It also considers
BKV's recent acquisition multiples in the 3.0x to 4.5x range and
the mature, low decline nature of the company's assets.
Liquidation Approach
The liquidation estimate reflects Fitch's view of the value of
balance sheet assets that can be realized in sale or liquidation
processes conducted during a bankruptcy or insolvency proceeding
and distributed to creditors. Fitch considers valuations, such as
SEC PV-10, or present value of estimated future oil and gas
revenue, net of estimated direct expenses discounted at an annual
discount rate of 10%, and M&A transactions for each basin including
multiples for production per flowing barrel, proved reserves (1P)
valuation, value per acre, and value per drilling location.
The allocation of value in the liability waterfall results in
recoveries corresponding to 'RR1' for the senior secured RBL and
'RR4' for the senior unsecured notes.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade:
- Inability to complete the proposed note issuance as
contemplated;
- Inability to generate FCF due to a reduction in production or
increase in capex;
- A material reduction in liquidity through excessive borrowing or
a reduction in the borrowing base;
- Deviation from the company´s stated conservative financial
policy, including funding of acquisitions and dividend payments;
- Mid-cycle EBITDA Leverage sustained above 3.0x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade:
- Sustained EBITDA at or above $500 million while maintaining
positive FCF;
- Improvement in netbacks to median peer levels;
- Demonstrated commitment to stated conservative financial policy,
including hedging program;
- Mid-cycle EBITDA leverage sustained below 2.0x.
Liquidity and Debt Structure
Following the proposed note issuance and repayment of the RBL, BKV
will have good liquidity going forward with full availability on
its upsized $800 million RBL facility. Fitch does not expect any
material draw on the RBL going forward given the neutral to
positive FCF profile. The liquidity profile is further supported by
the company's three-year hedging program, which Fitch expects the
company will maintain going forward.
Issuer Profile
BKV Corporation is a gas-focused energy exploration and production
company with gas-focused assets located primarily in the Barnett
and also in Northeast Pennsylvania.
Date of Relevant Committee
03-Sep-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
----------- ------ --------
BKV Corporation LT IDR B New Rating
BKV Upstream
Midstream, LLC LT IDR B New Rating
senior unsecured LT B New Rating RR4
BLUEWORKS CORP: Trustee Retains Rayburn Cooper as Counsel
---------------------------------------------------------
Michael T. Bowers, the Chapter 11 trustee for Blueworks
Corporation, seeks approval from the U.S. Bankruptcy Court for the
Western District of North Carolina to retain Rayburn Cooper &
Durham, P.A. as special purpose counsel in the bankruptcy case.
RCD will provide these services:
(a) file monthly operating reports on behalf of the Trustee;
(b) prepare and submit quarterly fee statements; and
(c) provide other limited transitional legal services to assist
the Trustee.
RCD will bill at hourly rates ranging from $375 to $795 for
partners, $315 to $335 for associates, $195 to $240 for
paraprofessionals, and $250 for summer law clerks.
According to court filings, Rayburn Cooper & Durham, P.A. does not
hold or represent any interest adverse to the Trustee or the
bankruptcy estate and is considered a "disinterested person" as
defined under Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Matthew L. Tomsic, Esq.
RAYBURN COOPER & DURHAM, P.A.
1200 Carillon, 227 West Trade Street
Charlotte, NC 28202
Telephone: (704) 334-0891
About Blueworks Corporation
Blueworks Corp. specializes in developing and manufacturing a
comprehensive range of swimming pool equipment. Products include
Salt Chlorinator, Salt Chlorinator Cell Replacement, Saltwater
System Parts, Pool Light, Pool Alarm, Pool Timer, Pool Pump and
more.
Blueworks Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D.N.C. Case No. 24-30494) June 11, 2024.
In the petition signed by Michael Bowers, chief restructuring
office, the Debtor reports estimated assets between $500,000 and $1
million and estimated liabilities between $10 million and $50
million.
Honorable Bankruptcy Judge Laura T. Beyer oversees the case.
The Debtor tapped Matthew L. Tomsic, Esq. at Rayburn Cooper &
Durham, PA as bankruptcy counsel and Platinum Intellectual
Property, PC and Shumaker, Loop & Kendrick, LLP as special
counsels.
On July 26, 2024, Michael T. Bowers was appointed as trustee in
this Chapter 11 case. The trustee tapped Grier Wright Martinez, PA
as counsel.
BOWERS TRUCKING: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Bowers Trucking, Inc. received interim approval from the U.S.
Bankruptcy Court for the Western District of Oklahoma to use cash
collateral to fund operations.
The court's interim order authorized the Debtor to use the cash
collateral of the U.S. Small Business Administration through the
final hearing, which is scheduled for October 23.
Cash collateral must be used strictly in line with the Debtor's
budget, subject to a 10% variance per line item.
As adequate protection, SBA will be granted replacement liens
co-extensive with its pre-bankruptcy liens on the Debtor's
post-petition cash, receivables, and deposit accounts. The
replacement liens do not apply to any Chapter 5 avoidance actions.
In addition, the Debtor was ordered to keep SBA's collateral
insured as further protection.
The interim order also directed the Debtor to segregate its funds
and maintain a debtor-in-possession (DIP) account at BancFirst,
requiring all operating revenues and pre-bankruptcy funds to be
deposited there.
The Debtor's authority to use cash collateral expires on October
23, or earlier if a default occurs or a subsequent court order
terminates it.
The deadline for filing objections is on October 20.
Bowers Trucking is a commercial transportation company operating in
48 U.S. states and Canada with approximately 25 employees and 25
tractor-trailers, and projected 2025 revenues of $9 million.
SBA holds a $650,000 secured claim on the Debtor's accounts
receivable and cash collections. Additionally, several merchant
cash advance lenders including APP Funding Beta, Bitty Advance 2,
Fiji Funding, LCF Funding, Lendwise Capital, and Mint Funding—may
claim an interest in these assets, though the Debtor contends their
claims are either invalid or subordinate to SBA's.
About Bowers Trucking Inc.
Bowers Trucking, Inc. is a commercial transportation company
operating in 48 U.S. states and Canada.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Okla. Case No. 25-12884) on September
18, 2025. In the petition signed by Garrett Bowers, chief executive
officer, the Debtor disclosed up to $10 million in both assets and
liabilities.
Stephen J. Moriarty, Esq., at Stephen J. Moriarty 6410 Fellers,
Snider et al, represents the Debtor as legal counsel.
BOWERS TRUCKING: Hires Fellers Snider as Legal Counsel
------------------------------------------------------
Bowers Trucking, Inc. seeks approval from the U.S. Bankruptcy Court
for the Western District of Oklahoma to hire Stephen J. Moriarty of
Fellers Snider Blankenship Bailey & Tippens, 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 debtor in the continuing operation of its business
and management of its property;
(b) prepare on behalf of the Debtor all necessary
applications, answers, orders, pleadings, reports, and other legal
papers; and
(c) perform all other legal services for the Debtor which
may be necessary herein.
Mr. Moriarty will receive an hourly rate of $575.
Fellers Snider 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 J. Moriarty, Esq.
FELLERS, SNIDER, BLANKENSHIP, BAILEY & TIPPENS, P.C.
100 N. Broadway, Suite 1700
Oklahoma City, OK 73102
Telephone: (405) 232-0621
Facsimile: (405) 232-9659
E-mail: smoriarty@fellerssnider.com
About Bowers Trucking Inc.
Bowers Trucking Inc., d/b/a Bowers Trucking & Logistics,
headquartered in Ponca City, Oklahoma, provides transportation
services across ground, ocean, and air throughout the US, Canada,
and Mexico, including import and export container shipments to
China and Japan. Founded in the early 1960s by Glen C. Bowers to
support his sawmill operations in Fairfax, Oklahoma, the Company
has expanded under subsequent generations to serve large and small
businesses with flatbed freight, commodities, and time-sensitive
shipments. Bowers Trucking focuses on operational standards,
safety, and communication.
Bowers Trucking Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Okla. Case No. 25-12884) on September
18 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Stephen J. Moriarty, Esq. at FELLERS,
SNIDER ET AL.
BOXLIGHT CORP: Sells Stock for $4M to Pay Debt, Working Capital
---------------------------------------------------------------
Boxlight Corp. announced the closing of a $4 million direct stock
sale on Sept. 24, with proceeds earmarked for working capital and
debt reduction.
The Company sold 1,333,333 shares of its Class A common stock at $3
each in a registered direct offering under Nasdaq rules.
A.G.P./Alliance Global Partners acted as placement agent, and the
transaction generated about $4 million in gross proceeds before
fees and expenses.
Boxlight, incorporated in Nevada, entered into the agreements on
Sept. 23 with institutional investors and the placement agent.
Boxlight paid A.G.P./Alliance a 7% cash fee, along with
reimbursement of expenses and legal costs under the placement
agency agreement.
About Boxlight
Boxlight Corp. (Nasdaq: BOXL) provides interactive technology
solutions for education and business markets through its
Clevertouch, FrontRow, and Mimio brands. The Company offers
interactive displays, collaboration software, audio systems,
accessories, and related professional services. It sells and
supports its products globally.
In its audit report dated March 28, 2025, Forvis Mazars, LLP issued
a "going concern" opinion citing that the Company has identified
certain conditions relating to its outstanding debt and Series B
and C Preferred Stock that are outside the control of the Company.
In addition, the Company has generated recent losses. These
factors, among others, raise substantial doubt regarding the
Company's ability to continue as a going concern.
As of June 30, 2025, the Company had cash and cash equivalents of
$7.6 million, a working capital balance of ($0.5) million, and a
current ratio of 0.99. Boxlight had $99.20 million in total
assets, $91.32 million in total liabilities, $28.51 million in
total mezzanine equity, and a total stockholders' deficit of $20.63
million.
On Aug. 13, 2025, Boxlight Corporation entered into a forbearance
agreement and ninth amendment to its Credit Agreement to waive
certain defaults, increase its Sept. 30, 2025, principal payment
from $0.7 million to $1.0 million, and change interest payments
from quarterly to monthly beginning in August 2025.
BROADWAY REALTY: Committee Taps Eastdil Secured LLC as Advisor
--------------------------------------------------------------
Broadway Realty I Co., LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of New York to hire Eastdil Secured
L.L.C. to serve as exclusive real estate advisor in its Chapter 11
case.
Eastdil will provide these services:
(a) advise the Debtors on any questions or issues regarding the
sales and marketing process;
(b) engage with potential third party bidders as a Transaction is
negotiated and ultimately executed;
(c) advise the Debtors on strategies for negotiating with
potential bidders;
(d) participate in meetings or negotiations with the Debtors and
potential bidders and other stakeholders in connection with a
potential Transaction;
(e) advise and assist the Debtors in evaluating and comparing
potential bids;
(f) provide testimony, as necessary, with respect to matters on
which Eastdil has been engaged to advise hereunder in any
proceeding before the Court; and
(g) provide other services Eastdil and the Debtors agree are
necessary or beneficial to the sale and marketing process as
provided under the Engagement Letter.
Eastdil will receive compensation equal to 0.75% of aggregate gross
proceeds committed, with no Transaction Fee to be less than
$500,000.
Eastdil Secured L.L.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:
Eastdil Secured L.L.C.
40 W 57th St., Fl 23
New York, NY 10019
Telephone: (212) 315-7200
About Broadway Realty I Co.
Broadway Realty I Co., LLC is a real estate investment business and
management company headquartered in New York City. The company
operates from its principal location at 2 Grand Central Tower in
Manhattan, with its main asset property at 4530 Broadway in New
York. It specializes in real estate investment and property
management activities across the New York metropolitan area.
Broadway Realty I Co. and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No.
25-11050) on May 21,2025. In its petition, Broadway Realty I Co.
reported between $500 million and $1 billion in both assets and
liabilities.
Judge David S. Jones, Esq. handles the cases.
The Debtors are represented by Gary Holtzer, Esq., at Weil Gotshal
& Manges, LLP.
Flagstar Bank, N.A., as creditor, is represented by:
Harvey A. Strickon, Esq.
Brett Lawrence, Esq.
Justin Rawlins, Esq.
Nicholas A. Bassett, Esq.
PAUL HASTINGS LLP
200 Park Avenue
New York, New York 10166
Telephone: (212) 318-6000
Facsimile: (212) 319-4090
Emails: harveystrickon@paulhastings.com
brettlawrence@paulhastings.com
justinrawlins@paulhastings.com
nicholasbassett@paulhastings.com
BROOKFIELD PROPERTIES: Showcase Cinema Seeks New Operator
---------------------------------------------------------
Alexa Gagosz of The Boston Globe reports that Showcase Cinemas at
Providence Place Mall could soon close, as mall officials move
forward with plans to replace the current theater operator.
National Amusements, which runs the Showcase location, has a lease
that expires on January 31, 2026 and has chosen not to renew.
Mark Russo, the attorney appointed by the court to oversee the
mall's receivership, has petitioned the court for approval to end
the lease early and begin searching for a new operator. A hearing
on his request is scheduled for October 3, 2025 in Providence
County Superior Court, the report states.
The receivership follows Brookfield Properties and a subsidiary's
default on nearly $260 million in loans tied to Providence Place.
Since then, the mall has been under court supervision, with efforts
focused on financial recovery, improved management, and strategies
to attract buyers or a long-term operating plan.
About Brookfield Properties
Brookfield Properties
--https://www.brookfieldproperties.com/en.html -- is a multifamily
services company, providing asset and property management across
the North America.
BUCA DI BEPPO: Unite Here, et al. Case Dismissed After Settlement
-----------------------------------------------------------------
Judge Richard F. Boulware II of the United States District Court
for the District of Nevada dismissed with prejudice all claims
asserted by plaintiffs in the case captioned as BOARD OF TRUSTEES
OF UNITE HERE HEALTH; BOARD OF TRUSTEES OF SOUTHERN NEVADA CULINARY
AND BARTENDERS PENSION TRUST; BOARD OF TRUSTEES OF SOUTHERN NEVADA
JOINT MANAGEMENT AND CULINARY AND BARTENDERS TRAINING FUND; BOARD
OF TRUSTEES OF CULINARY AND BARTENDERS HOUSING PARTNERSHIP; BOARD
OF TRUSTEES OF CULINARY AND BARTENDERS LEGAL SERVICE FUND,
Plaintiffs, vs. BUCA (EX), LLC, a Florida limited-liability company
dba Buca di Beppo; NEW CASTLE, LLC, a Nevada limited-liability
company fka New Castle Corp. dba Excalibur Hotel & Casino; JOHN
DOES I-XX, inclusive; and ROE ENTITIES I-XX, inclusive, Defendants,
Case No. 2:23-cv-01016-RFB-NJK (D. Nev.).
The Parties entered into a Settlement Agreement and Mutual Release,
Stipulation and Consent for Entry of Judgment by Confession,
Judgment by Confession and Corporate Guaranty, which require, inter
alia, that Buca remit periodic payments to pay Plaintiffs' claims,
including a final payment due by June 10, 2024, that Buca remain
current on its monthly reporting and payment obligations to
Plaintiffs going forward, and that Buca submit monthly unaudited
financial statements to Plaintiffs for the months of December 2023
through December 2024.
The Plaintiffs, Buca and New Castle filed a Status Report and
Stipulation and Order to Extend Stay Pending Completion of
Settlement Obligations.
The Plaintiffs, Buca and New Castle filed a Joint Status Report on
July 26, 2024.
On Aug. 5, 2025, Defendant Buca filed a Voluntary Petition for
Relief under Chapter 11 of the Bankruptcy Code with the United
States Bankruptcy Court for the Northern District of Texas, Dallas
Division, Case No. 24-80066-SGJ-11, which is being Jointly
Administrated as Case No. 24-80058-SGJ-11.
Plaintiffs informed this Court of the Bankruptcy Petition through
that certain Suggest of Bankruptcy filed on Sept. 25, 2024, which
Bankruptcy Case is ongoing.
Plaintiffs' claims against New Castle have been resolved.
Therefore, all claims asserted by Plaintiffs in this case against
New Castle are dismissed with prejudice, each party to bear its own
attorney's fees and costs.
A copy of the Court's Stipulation and Order dated September 16,
2025, is available at https://urlcurt.com/u?l=CLHMdN from
PacerMonitor.com.
Attorneys for Plaintiffs, Board of Trustees of UNITE HERE Health,
et al.:
Kevin B. Christensen, Esq.
Wesley J. Smith, Esq.
Kevin B. Archibald, Esq.
CHRISTENSEN JAMES & MARTIN, CHTD.
7440 W. Sahara Avenue
Las Vegas, NV 89117
Telephone: (702) 255-1718
Facsimile: (702) 255-0871
E-mail: kbc@cjmlv.com
wes@cjmlv.com
kba@cjmlv.com
About Buca di Beppo
Founded in Minneapolis in 1993, Buca di Beppo restaurants embody
the Italian traditions of food, friendship, fun, celebration, and
hospitality. Dishes enjoyed for generations in villages throughout
Italy inspire the menu, which features both Northern and Southern
Italian favorites and delicious cocktails inspired by the region.
While the food has pleased millions of palates from coast-to-coast,
Buca di Beppo is equally famous for its quirky decor and upbeat
atmosphere. For more information, visit bucadibeppo.com and follow
along on Facebook, Instagram, TikTok or Twitter @bucadibeppo.
Buca di Beppo sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Tex. Case No. 24-80058) on August 5, 2024. In the
petition filed by William Snyder, as chief restructuring officer,
the Debtor estimated assets up to $50,000 and estimated liabilities
between $10 million and $50 million.
The Debtor is represented by Amber Michelle Carson, Esq., at Gray
Reed & McGraw LLP.
On Nov. 4, 2024, the Court entered an order approving the sale of
substantially all of the Debtors' assets free and clear of liens
and liabilities to BDB Intermediate, LLC, as purchaser. The
Sellers and the Purchaser closed the sale contemplated by the APA
on the same day. Bloomberg Law reported that a unit of Main Street
Capital Corp. acquired the restaurant chain by forgiving $27
million in secured loans it issued.
On Feb. 5, 2025, the Court entered an order granting the motion to
convert the case from chapter 11 to 7.
BUFNY II ASSOCIATES: 7 NY Properties Up for Sale on October 2
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Ian V. Lagowitz, Esq., ("Sale Referee") will sell at public auction
outside of the entrances, which faces Worth Street, of the United
States Courthouse located 500 Pearl Street, New York, New York
10007, on Oct. 29, 2025, at 11:30 a.m. (prevailing Eastern Time)
the property owned by BUFNY II Associates LP et. al, consist of
seven parcels commonly known as (i) 531 Lenox Avenue, New York, New
York, (ii) 163 West 136th Street, New York, New York, (iii) 102
West 137th Street, New York, New York, (iv) 106 West 137th Street,
New York New York, (v) 110 West 137th Street, New York, New York,
(vi) 124 West 137th Street, New York, New York, and (7) 176 West
137th Street, New York, New York ("premises").
All interested bidder must appear at the aforementioned location,
date, and time with certified funds made payable to the undersigned
sale referee as follows, "Ian V. Lagowitz, as sale Referee". 10%
of the successful bid is due at the time of the auction. The
undersigned sale referee may allow any other manner of funds in his
absolute discretion.
The approximate amount of judgment is $1,243,021.61.
Federal National Mortgage Association, plaintiff, retained Dean L.
Chapman Jr., Esq., of Akin Gump Strauss Hauer & Field LLP, as its
attorney.
BYJU'S ALPHA: Oct. 29 Disclosure & Plan Combined Hearing Set
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The U.S. Bankruptcy Court for the District of Delaware will hold a
combined hearing on Oct. 29, 2025, at 11:00 a.m. (prevailing
Eastern Time) before the Hon. Brendan L. Shannon, 824 North Market
Street, Wilmington, Delaware 19801, to approve on a final basis the
adequacy of the disclosure statement for the Chapter 11 plan of
Byju's Alpha Inc., and confirm the Debtor's Chapter 11 plan.
The deadline to accept or reject the Debtor's Chapter 11 plan is
Oct. 19. 2025, at 4:00 p.m. (prevailing Eastern Time). The Debtor
noted that only holders of claim in class 3 prepetition term loan
claims are entitle to vote.
Objections to the approval of the Debtor's disclosure statement and
confirmation of its Chapter 11 plan, if any, must be filed no later
than 4:00 p.m. (prevailing Eastern Time) on Oct. 22, 2025.
The Court approved the Debtor's Disclosure Statement explaining its
Chapter 11 plan on the interim basis. Copies of the interim
approval and procedures order, and combined plan and disclosure
statement can be obtained free of charge upon request to the
Debtor: (i) via email at bwalters@ycst.comcom or (ii) via telephone
at 302-576-7791 (toll-free in the U.S. and Canada. The plan
supplement will be filed no later than Oct. 12, 2025, and will be
available upon request to the Debtor: (i) via email at
bwalters@ycst.com or (ii) via telephone at 302-576-7791 (toll-free
in the U.S. and Canada.
According to the Troubled Company Reporter on Sept. 26, 2025,
BYJU's Alpha, Inc., submitted an Amended Combined Disclosure
Statement and Chapter 11 Plan dated Sept. 16, 2025.
The Plan provides for the liquidation and Distribution of the
proceeds of the Debtor's remaining assets. Accordingly, the Debtor
believes all Chapter 11 plan obligations will be satisfied without
the need for further reorganization of the Debtor.
The Retained Causes of Action are expected to comprise
substantially all of the remaining assets of the Debtor's Estate.
The Plan provides for the vesting of the Retained Causes of Action
in the Wind-Down Debtor so that the Plan Administrator can pursue
and liquidate the Retained Causes of Action for the benefit of
Holders of Allowed Claims entitled to the Distributable Proceeds.
The Debtor believes that any recoveries from the Retained Causes of
Action are speculative and understands that substantial new money
funding will be required to pursue, reduce to judgment, and recover
proceeds on account of the Retained Causes of Action. It is
anticipated that any such recoveries will not be sufficient to
satisfy the Allowed Class 3 Claims in full.
Based on its investigation, the Debtor believes that the only other
material asset of the Debtor is its 50% ownership stake in
GeoGebra, which the Debtor believes to be de minimis in relation to
the quantum of Allowed Class 3 Claims. Additionally, GeoGebra is
50% owned by T&L, which is subject to an insolvency proceeding in
India. The Debtor therefore believes that a chapter 7 trustee would
encounter substantial delay and difficulties in attempting to
liquidate GeoGebra at this time and would likely incur costs that
outweigh any benefit to the Estate.
The Amended Disclosure Statement does not alter the proposed
treatment for unsecured creditors and the equity holder:
* Class 4 consists of all General Unsecured Claims. On the
Effective Date, all Allowed General Unsecured Claims shall not
receive any Distribution on account of such Claims. Class 4 is
Impaired under the Plan. Holders of Allowed General Unsecured
Claims are deemed to have rejected the Plan pursuant to section
1126(g) of the Bankruptcy Code. Therefore, such Holders are not
entitled to vote to accept or reject the Plan. This Class will
receive a distribution of 0% of their allowed claims.
* Class 7 consists of all Interests. On the Effective Date,
all Interests (including Intercompany Interests) shall be
cancelled, released, and extinguished, and will be of no further
force or effect, without any distribution on account of such
Claims. For the avoidance of doubt, the treatment of Class 7
Interests under the Plan pertains only to any Interest in the
Debtor and shall in no way release, alter, impair, or otherwise
impact the vesting of all Retained Assets in the WindDown Debtor,
which shall be entitled to retain ownership of, dispose of, or
otherwise monetize such Retained Assets, including any Interest
that the Debtor has in any non-Debtor, as set forth elsewhere
herein and in the Plan Administrator Agreement.
The Wind-Down Debtor shall be established, formed, and merged on
the Effective Date. The Wind-Down Debtor shall be the successor in
interest to the Debtor, and the Wind-Down Debtor shall be the
successor to the Debtor and its Estate's right, title, and interest
to the WindDown Debtor Assets. The Wind-Down Debtor will conduct no
business operations and will be charged with winding down the
Debtor's Estate. The Wind-Down Debtor shall be managed by the Plan
Administrator and shall be subject to the oversight of the
Wind-Down Debtor Oversight Committee.
Prior to the Effective Date, any and all of the Debtor's assets
shall remain assets of the Estate pursuant to section 1123(b)(3)(B)
of the Bankruptcy Code and on the Effective Date the Wind-Down
Debtor Assets shall irrevocably vest in the Wind-Down Debtor. For
the avoidance of doubt, to the extent not otherwise waived in
writing, released, settled, compromised, assigned or sold pursuant
to a prior Final Order of the Bankruptcy Court or the Plan, the
Wind-Down Debtor specifically retains and reserves the right to
assert, after the Effective Date, any and all of the Retained
Causes of Action and related rights, whether or not asserted as of
the Effective Date (and whether or not listed on the Schedule of
Retained Causes of Action), and all proceeds of the foregoing,
subject to the terms of the Plan.
On or after the Confirmation Date, the Plan Administrator shall be
authorized to (i) enter into a financing facility comprised of (a)
the New Money Wind-Down Financing Facility, (b) the Wind-Down
Financing Facility Roll-Over Term Loans, and (c) the Indemnity
Facility (collectively, the "Wind-Down Financing Facility"), and
(ii) enter into the documents memorializing the terms of the Wind
Down Financing Facility (the "Definitive Documentation"), which
shall be Filed with the Plan Supplement.
A full-text copy of the Amended Combined Disclosure Statement and
Plan dated September 16, 2025 is available at
https://urlcurt.com/u?l=W54Xmo from PacerMonitor.com at no charge.
About BYJU's Alpha
BYJU's Alpha, Inc., designs and develops education software
solutions.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Del. Case No. 24-10140) on Feb. 1, 2024. In the
petition signed by Timothy R. Pohl, chief executive officer, the
Debtor disclosed up to $1 billion in assets and up to $10 billion
in liabilities.
Judge John T. Dorsey oversees the case.
Young Conaway Stargatt & Taylor, LLP, and Quinn Emanuel Urquhart &
Sullivan, LLP serve as the Debtor's legal counsel.
GLAS Trust Company LLC, as DIP Agent and Prepetition Agent, is
represented in the Debtor's case by Kirkland & Ellis LLP, Pachulski
Stang Ziehl & Jones, and Reed Smith.
CALIFORNIA RESOURCES: Moody's Rates New Sr. Unsecured Notes 'B1'
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Moody's Ratings assigned a B1 rating to California Resources
Corporation's (CRC) proposed new senior unsecured notes. The rating
outlook is stable. CRC's existing ratings, including its Ba3
Corporation Family Rating, are unchanged.
"CRC will use the proceeds to refinance the secured term loan that
it will assume following the acquisition of Berry Corporation in
the first quarter of 2026," said Thomas Le Guay, a Moody's Ratings
Vice President, "If the acquisition is not completed on or prior to
September 14, 2026 or, if prior to that date, CRC has determined
that it will not be able to close the acquisition, CRC will be
required to redeem the notes, plus accrued and unpaid interest from
the date of issuance."
RATINGS RATIONALE
The proposed senior unsecured notes are rated B1, one notch below
the Ba3 CFR and the same level CRC's existing senior unsecured
notes, reflecting the effective subordination of the unsecured
notes to the significant size of the $1.15 billion senior secured
revolving credit facility which has a first lien claim on all oil &
gas assets.
The Ba3 CFR reflects CRC's track record of maintaining low
leverage, positive free cash flow generation and financial
flexibility. The company benefits from its large production scale
and legacy production with significant infrastructure as one of the
largest operators in California. CRC benefits from a well-defined,
mature asset base, which has a relatively shallow decline rate of
10% to 15% per year. The company is pursuing a low carbon intensity
strategy that includes developing carbon management and solar
business opportunities as well as an 80% reduction in scope 1 and 2
emissions by 2045.
CRC's credit profile benefits from the significant reduction in
regulatory uncertainty brought by California Senate Bill 237,
signed into law on September 19, 2025. The bill authorizes Kern
County to issue new well permits for ten years starting January
2026 and streamlines the permitting process. This will
significantly broaden CRC's ability to drill its acreage and
exploit its reserves, the vast majority of which are located in
Kern County.
The stable outlook reflects Moody's expectations that CRC will
maintain its prudent financial policies in the current volatile oil
price environment, achieving significant positive free cash flow
while limiting the decline in its production volumes.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
CRC's Ba3 CFR could be upgraded if the company demonstrates its
ability to increase production and replace reserves at competitive
returns on investment, enhance its diversification either
geographically or through other revenue streams, all while
maintaining a strong financial profile. To support an upgrade, the
company should increase its leveraged full cycle ratio (LCFR) above
2x and sustain RCF to debt over 50% at mid-cycle oil and gas
prices. More visibility on the capital requirements and free cash
flow generation of CRC's carbon management projects would also be
considered for an upgrade. The ratings may be downgraded if there
is a substantial increase in leverage to fund acquisitions or
shareholder returns or if the company experiences a meaningful
decline in production. A downgrade could occur if RCF to debt falls
below 30% or LFCR falls towards 1.0x.
The principal methodology used in this rating was Independent
Exploration and Production published in December 2022.
California Resources Corporation, headquartered in Long Beach,
California, is a publicly-listed independent oil and gas
exploration and production company operating in California. The
company produced an average of 137 Mboe/d in the second quarter of
2025, of which 80% was oil, from its operations in the San Joaquin,
Los Angeles and Sacramento basins. The company had around 10 years
of proved developed reserves as of December 31, 2024. CRC is also
developing a low carbon business with potential carbon capture and
sequestration (CCS), direct air capture (DAC) and solar projects.
Carbon TerraVault JV is a joint venture with BGTF Sierra Aggregator
LLC (Brookfield) established to finance and develop a carbon
capture and sequestration (CCS) business.
CARAWAY TEA: Wins Final Approval to Use Cash Collateral
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Caraway Tea Company, LLC received final approval from the U.S.
Bankruptcy Court for the Southern District of New York to use cash
collateral to fund operations.
The final order authorized the Debtor to use cash collateral to pay
the expenses set forth in its budget. Spending is capped at 110% of
budgeted amounts unless approved by M&T Bank, Wallkill Valley
Federal Savings and Loan, and the U.S. Small Business
Administration or by further court order.
As adequate protection for the Debtor's use of their cash
collateral, M&T Bank, Wallkill, the SBA, First Electronic Bank,
Small Business Financial Solutions, LLC, Kapitus LLC, TD Bank,
N.A., and First-Citizens Bank & Trust Company will be granted
post-petition replacement liens. These liens will have the same
validity and priority as the secured creditors' pre-bankruptcy
liens.
In addition, the Debtor must make post-petition loan payments to
M&T Bank, Wallkill, and SBA as per existing agreements.
The final order requires the Debtor to stay current on payroll tax
obligations, maintain liability and business insurance, and provide
secured creditors with monthly operating reports.
A carveout was established for administrative expenses including
court fees, trustee and professional fees, and up to $10,000 in
Chapter 7 administrative expenses if case conversion occurs.
About Caraway Tea Company LLC
Caraway Tea Company LLC is a U.S.-based private label tea
manufacturer and co-packer that supplies specialty teas,
supplements, and wholesale tea products. With over 20 years of
experience, the Company sources from global tea-growing regions
including China, India, Sri Lanka, and Japan, partnering directly
with artisan growers using organic and sustainable practices.
Caraway offers customized co-packing services across retail,
foodservice, and e-commerce sectors, supported by in-house blending
and manufacturing capabilities.
Caraway Tea Company sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-35620) on June 9,
2025. In its petition, the Debtor reported estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
The Debtors are represented by Michael D. Pinsky, Esq., at the Law
Office of Michael D. Pinsky, P.C.
CARLA'S PASTA: Novo Wins Bid for Judgment in Adversary Case
-----------------------------------------------------------
Judge James J. Tancredi of the United States Bankruptcy Court for
the District of Connecticut granted Novo Advisors, LLC's motion for
judgment on partial findings under Fed. R. Civ. P. 52(c) as to
Count 1 in the adversary proceeding captioned as OLD CP, INC.
PLAINTIFF V. NOVO ADVISORS, LLC, DEFENDANT, ADV. PRO. No. 23-02020
(Bankr. D. Conn.).
CPI manufactured food products at its facilities in South Windsor,
Connecticut.
BMO Harris Bank, N.A., a national banking association, and People's
United Bank, National Association, a national banking association,
served as CPI's Senior Lenders.
By the summer of 2020, CPI was facing serious financial distress
and had defaulted on its obligations to the Senior Lenders.
Therefore, on June 30, 2020, BMO's counsel, Chapman and Cutler LLP,
engaged Novo on behalf of the Senior Lenders to perform a financial
assessment of CPI. Novo's services included reviewing CPI and Suri
Realty LLC's financial performance for 2018 and 2019, performing an
assessment of the companies' 2020 business plans, and determining
the companies' viability and/or risks. Since BMO hired Novo as its
financial consultant to assess its rights and interest in CPI under
the Third Amended and Restated Credit Agreement, CPI was required
to reimburse BMO for the expenses it thereby incurred. On Oct. 4,
2017, CPI entered into the Third Amended and Restated Credit
Agreement with BMO as a lender, and PUB as administrative agent,
swingline lender, and letter of credit issuer. Together, the Senior
Lenders held first priority security interest in, and lien on,
substantially all of CPI's assets, including a first priority
mortgage on all properties. In the Third Amended and Restated
Credit Agreement, CPI agreed to reimburse BMO for certain expenses
incurred.
On Jan. 28, 2021, CPI made two payments to BMO via wire transfer
for payments related to bankruptcy. The first payment was for
$164,169.75, and the second payment was for $109,446.50, totaling
$273,616.25. These payments will be referred to singularly as the
Pre-Petition BMO Payment.
On Dec. 22, 2023, Old CP, Inc. commenced this Adversary Proceeding
against Novo Advisors, LLC. Old CPI alleged that it was entitled to
judgment against Novo on seven counts:
1) Preferential Transfer Pursuant to 11 U.S.C. Secs. 547, 550,
and 551;
2) Constructive Fraudulent Transfer Pursuant to 11 U.S.C. Secs.
548(a)(1)(B), 550, and 551;
3) Constructive Fraudulent Transfer pursuant to the Connecticut
Uniform Fraudulent Transfer Act (CUFTA), Conn. Gen. Stat. Secs.
52-552e(a)(2) and 52-552f(a);
4) Breach of Fiduciary Duty as to the Pre-Petition BMO Payment;
5) Breach of Fiduciary Duty as to the Novo/CPI Engagement;
6) Breach of the Implied Covenant of Good Faith and Fair
Dealing; and
7) Violation of the Connecticut Unfair Trade Practices Act
(CUTPA), Conn. Gen. Stat. Sec. 42-110b, et seq.
A trial was held on Aug. 11, 2025, and continued thereafter until
it concluded on Aug. 14, 2025. On Aug. 13, 2025, at the close of
Old CPI's case in chief, Novo orally moved for Judgment on Partial
Findings on all counts.
In Count 1, Old CPI alleges that it is entitled, pursuant to 11
U.S.C. Sec. 547, to avoid the Pre-Petition BMO Payment. Old CPI
argues that 11 U.S.C. Sec. 547 applies because the payment was made
on or within 90 days of the Petition Date while CPI was insolvent,
and enabled Novo to receive more than it would have received were
the Debtor's case filed under Chapter 7 of the Bankruptcy Code. Old
CPI argues that Novo was the initial transferee of the transfer(s)
or the immediate or mediate transferee of such initial transferee
or the person for whose benefit for all the Pre-Petition BMO
Payment was made. Old CPI asserts essentially that BMO was actually
a mere conduit, while Novo is the real initial transferee under 11
U.S.C. Sec. 550.
In response, Novo asserts that BMO constitutes the initial
transferee under 11 U.S.C. Sec. 550. Alternatively, Novo argues
that even if BMO was not an initial transferee, no antecedent debt
was owed to Novo as 11 U.S.C. Sec. 547 requires. After
consideration of the pleadings, the law, and the facts herein, the
Court concludes that key elements of 11 U.S.C. Sec. 547 have not
been satisfied.
The Court finds counter to Old CPI's view, the evidence
demonstrates that BMO clearly constitutes the initial transferee
under 11 U.S.C. Sec. 550 rather than a mere conduit. BMO enjoyed an
absolute legal entitlement, as the Debtor's obligee, to the
transferred funds pursuant to the loan documents and the Eighth
Forbearance Agreement. BMO thereby also had the absolute right to
deploy the payment to the fees and expenses it incurred for Novo's
services under these documents.
Old CPI emphasizes four key facts to dispute this contention:
1) the closeness in time of the Pre-Petition BMO Payment and the
subsequent payment from BMO to Novo;
2) the equivalence of the Pre-Petition BMO Payment and the
subsequent payment from BMO to Novo;
3) the inclusion of a $273,616.25 payment entry to Novo on CPI's
Accounts Payable Aging Spreadsheet; and
4) the supervision and facilitation of the payments from CPI to
BMO to Novo by Novo's employee.
The Court concludes that these facts are not determinative in light
of the indisputable contract rights that BMO had to these payments
and the stark absence of any written or express accord by CPI to
pay Novo.
A copy of the Court's Memorandum of Decision dated September 17,
2025, is available at https://urlcurt.com/u?l=ZwF6On from
PacerMonitor.com.
Counsel for Plaintiff Old CP, Inc.:
Jeffrey M. Sklarz, Esq.
Kellianne Baranowsky, Esq.
GREEN & SKLARZ, LLC
One Audubon Street, Third Floor
New Haven, CT 06511
E-mail: jsklarz@gs-lawfirm.com
kbaranowsky@gs-lawfirm.com
Counsel for Novo Advisors, LLC:
Jeffrey A. Fuisz, Esq.
Robert Franciscovich, Esq.
Rebecca Maller-Stein, Esq.
ARNOLD & PORTER KAYE SCHOLER, LLP
250 West 55th Street
New York, NY 10019-9710
E-mail: jeffrey.fuisz@arnoldporter.com
robert.franciscovich@arnoldporter.com
rebecca.maller-stein@arnoldporter.com
Local Counsel for Novo Advisors, LLC:
James M. Nugent, Esq.
HARLOW, ADAMS & FRIEDMAN, P.C.
One New Haven Avenue, Suite 100
Milford, CT 06460
About Carla's Pasta and Suri Realty
Carla's Pasta Inc. is a family-owned and operated business
headquartered in South Windsor, Conn. It manufactures food
products including pasta sheets, tortellini, ravioli, and steam bag
meals for branded and private label retail, foodservice
distributors, and restaurant. Founded in 1978 by Carla Squatrito,
Carla's Pasta's stock is held by members of the Squatrito family.
On Dec. 31, 2016, Carla's Pasta acquired 100% of Suri Realty, LLC's
membership interests. Suri's business is limited to the ownership
of two adjoining parcels of real property located at 50 Talbot Lane
and 280 Nut, meg Road, South Windsor, Conn.
Carla's Pasta operates its business from an approximately the
150,000-square-foot BRC+ certified production facility.
On Oct. 29, 2020, an involuntary petition for relief under Chapter
7 of the Bankruptcy Code was filed against Suri by Dennis Group, HJ
Norris, LLC, Renaissance Builders, Inc., and Elm Electrical, Inc.
On Dec. 17, the Court approved Suri's request and converted the
involuntary Chapter 7 case to one under Chapter 11.
Carla's Pasta filed a Chapter 11 petition (Bankr. D. Conn. Case No.
21-20111) on Feb. 8, 2021. It estimated assets of $10 million to
$50 million and liabilities of $50 million to $100 million.
The cases are jointly administered under Case No. 21-20111. Judge
James J. Tancredi oversees the cases.
The Debtors tapped Locke Lord LLP as their legal counsel, Verdolino
& Lowey, PC as accountant, Cowen & Co. as investment banker, and
Novo Advisors, LLC as financial advisor. Sandeep Gupta of Novo
Advisors is the Debtors' chief restructuring officer.
CARPENTER FAMILY: Hires Hester Baker Krebs LLC as Attorney
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Carpenter Family Farms, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Indiana to hire the law firm of
Hester Baker Krebs LLC as attorneys.
The firm will render these services:
(a) give the Debtors legal advice with respect to their powers
and duties as debtor-in-possession and management of its property;
(b) take necessary action to avoid the attachment of any lien
against the Debtors' property threatened by secured creditors
holding liens;
(c) prepare on behalf of the Debtors as debtor-in-possession
necessary petitions, answers, orders, reports, and other legal
papers;
(d) perform all other legal services for the Debtors as
debtors-in-possession which may be necessary herein, inclusive of
the preparation of petitions and orders respecting the sale or
release of equipment not found to be necessary in the management of
its property, to file petitions and orders for the borrowing of
funds; and it is necessary for the Debtors as debtors-in-possession
to employ counsel for such professional services.
The firm received an initial retainer in the sum of $55,214.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Jeffrey H. Hester, Esq., a partner at Hester Baker Krebs LLC as
Counsel, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Jeffrey M. Hester, Esq.
Hester Baker Krebs LLC
Suite 1330, One Indiana Square
Indianapolis, IN 46204
Email: jhester@hbkfirm.com
Telephone: (317) 608-1129
Facsimile: (317) 833-3031
Email: jhester@hbkfirm.com
About Carpenter Family Farms, LLC
Carpenter Family Farms, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Ind. Case No.
25-05527) on Sep. 12, 2025, listing $1,000,001 to $10 million in
assets and $1,000,001 to $50 million in liabilities.
Judge Andrea K Mccord presides over the case.
Jeffrey M. Hester, Esq. at Hester Baker Krebs LLC represents the
Debtor as counsel.
CASUAL 21 USA: Gets Final OK to Use Cash Collateral
---------------------------------------------------
Casual 21 USA Corp. received final approval from the U.S.
Bankruptcy Court for the Southern District of New York to use cash
collateral.
The final order authorized the Debtor to use cash collateral to pay
operating expenses in accordance with its budget and to provide
adequate protection to Webster Bank, N.A., a secured creditor, in
the form of a replacement lien on all assets of the Debtor. The
replacement lien does not apply to avoidance actions and their
proceeds.
In case the replacement lien proves inadequate, Webster Bank will
be granted a superpriority administrative expense claim, subject to
a fee carveout.
The final order also authorized the Debtor to make the following
payments to Webster Bank as additional protection: $6,175 for the
period from October 17 to 23; $2,265 for the period from November
14 to 20; and $2,265 for the period from December 12 to 18.
The Debtor's authority to use cash collateral terminates upon the
occurrence of so-called events of default, including failure to
comply with the terms of the final order; use of cash collateral
other than as agreed; dismissal or conversion of its Chapter 11
case to a proceeding under Chapter 7; and appointment of a trustee
or examiner.
About Casual 21 USA Corp.
Casual 21 USA Corp. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-35882) with $0 to
$50,000 in assets and $1,000,001 to $10 million in liabilities. The
petition was signed by Asher Horowitz as CFO.
Judge Hon. Kyu Young Paek oversees the case.
Adrienne Woods, Esq., at Weinberg Zareh Malkin Price, LLP is the
Debtor's legal counsel.
Webster Bank, N.A., as secured creditor, is represented by:
Teresa Sadutto-Carley, Esq.
Goetz Platzer LLP
1 Penn Plaza, Suite 3100
New York, NY 10119
(212) 593-3000
tsadutto@goetzplatzer.com
CENTURY DESIGN: Seeks Subchapter V Bankruptcy in California
-----------------------------------------------------------
On September 26, 2025, Century Design Inc. filed Chapter 11
protection in the Southern District of California. According to
court filing, the Debtor reports $1,536,142 in debt owed to 1 and
49 creditors. The petition states funds will be available to
unsecured creditors.
About Century Design Inc.
Century Design Inc. designs and manufactures composite processing
machinery for industries including aerospace, defense, automotive,
marine, medical, sports, energy, and industrial applications. The
Company develops equipment for prepreg production, resin
development, ducting, hoses, and tubular structures, serving
customers engaged in research, manufacturing, and product
development worldwide. Founded in 1959, it has supplied thousands
of machines globally and contributed to advances in materials
processing technologies.
Century Design Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Cal. Case No. 25-03975) on
September 26, 2025. In its petition, the Debtor reports total
assets of $174,341 and total liabilities of $1,536,142.
The Debtor is represented by Michael Jay Berger, Esq. of Sofya
Davtyan, Esq.
CHERISHED LAND: Hires Bernstein Shur Sawyer & Nelson as Counsel
---------------------------------------------------------------
Cherished Land LLC seeks approval from the U.S. Bankruptcy Court
for the District of Maine to hire Bernstein, Shur, Sawyer & Nelson,
P.A. to serve as legal counsel in its Chapter 11 case.
The firm will provide these services:
(a) advise the Debtor with regard to the requirements of the
Bankruptcy Court, Bankruptcy Code, Bankruptcy Rules, Local Rules,
and the Office of the United States Trustee, as they pertain to the
Debtor;
(b) advise the Debtor with regard to certain rights and
remedies of the bankruptcy estate and rights, claims, and interests
of creditors and bringing such claims as the Debtor, in its
business judgment, decides to pursue;
(c) represent the Debtor in any proceeding or hearing in the
Bankruptcy Court involving the estate;
(d) conduct examinations of witnesses, claimants, or adverse
parties, and represent the Debtor in any adversary proceeding
(except to the extent that any such adversary proceeding is in an
area outside of the firm's expertise);
(e) review and analyze various claims of the Debtor's
creditors and treatment of such claims and prepare, file, or
prosecute any objections thereto or initiate appropriate
proceedings regarding leases or contracts to be rejected or
assumed;
(f) prepare and assist the Debtor with the preparation of
reports, applications, pleadings, motions, and orders;
(g) assist the Debtor in the analysis, formulation,
negotiation, and preparation of all necessary documentation
relating to the sale of the Debtor's assets, as appropriate;
(h) assist the Debtor in the negotiation, formulation,
preparation, and confirmation of a plan; and
(i) perform any other services that may be appropriate in the
firm's representation of the Debtor as general bankruptcy counsel
in the case.
Attorneys' hourly rates are:
D. Sam Anderson, $650
Adam R. Prescott, $495
Katherine Flynn (paraprofessional), $175
The firm will also bill non-working travel time at 50% of the
hourly rate and seek reimbursement of necessary expenses.
Bernstein, Shur, Sawyer & Nelson 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:
D. Sam Anderson, Esq.
Adam R. Prescott, Esq.
BERNSTEIN, SHUR, SAWYER & NELSON, P.A.
100 Middle Street
PO Box 9729
Portland, ME 04104
Telephone: (207) 774-1200
Facsimile: (207) 774-1127
E-mail: sanderson@bernsteinshur.com
aprescott@bernsteinshur.com
About Cherished Land LLC
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.
Cherished Land LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Me. Case No. 25-20220) on September 11,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Peter G. Cary handles the case.
The Debtor is represented by D. Sam Anderson, Esq. at Adam R.
Prescott, Esq. at BERNSTEIN, SHUR, SAWYER & NELSON, P.A.
CLAIRE'S STORES: To Sell Business in Ireland, UK to Modella Capital
-------------------------------------------------------------------
Emily Lever of Law360 reports that the British restructuring
administrator for Claire's said Monday, September 29, 2025, that
the jewelry retailer has agreed to sell portions of its U.K. and
Ireland business to private equity firm Modella Capital.
About Claire's Stores
Claire's Stores, Inc. -- http://www.clairestores.com/-- is a
specialty retailer of jewelry, accessories, and beauty products for
young women, teens, "tweens," and kids. Through the Claire's brand,
the Claire's Group has a presence in 45 nations worldwide, through
a total combination of over 7,500 Company-owned stores, concessions
locations, and franchised stores. Headquartered in Hoffman Estates,
Illinois, the Company began as a wig retailer by the name of
"Fashion Tress Industries" founded by Rowland Schaefer in 1961. In
1973, Fashion Tress Industries acquired the Chicago-based Claire's
Boutiques, a 25-store jewelry chain that catered to women and
teenage girls. Following that acquisition, Fashion Tress Industries
changed its name to "Claire's Stores, Inc." and shifted its focus
to a full line of fashion jewelry and accessories.
In 2007, the Company was taken private and acquired by investment
funds affiliated with, and co-investment vehicles managed by,
Apollo Management VI, L.P. Claire's Group employs approximately
17,000 people globally. Claire's Stores, Inc., and 7 affiliates
sought Chapter 11 protection (Bankr. D. Del. Case No. 18-10584) on
March 19, 2018, after reaching terms of a balance sheet
restructuring with their first lien lenders and sponsor Apollo
Global Management, LLC.
As of Oct. 28, 2017, Claire's Stores reported $1.98 billion in
total assets against $2.53 billion in total liabilities.
The Hon. Brendan Linehan Shannon is the case judge.
The Debtors tapped Weil, Gotshal & Manges LLP as their bankruptcy
counsel; Richards, Layton & Finger, P.A. as local counsel; FTI
Consulting as restructuring advisor; Lazard Freres & Co. LLC as
investment banker; Hilco Real Estate, LLC as real estate advisor;
and Prime Clerk as claims agent and administrative advisor.
Andrew R. Vara, Acting U.S. Trustee for Region 3, appointed seven
creditors to serve on an official committee of unsecured creditors.
The Committee retained Cooley LLP, as counsel, and Bayard, P.A., as
co-counsel.
2nd Chapter 11 Attempt
Claire' Stores sought relief under Chapter 11 of the U.S.
Bankruptcy Code {Bankr. 25-11462) on August 6, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 billion and $10 billion each.
The Debtor is represented by Zachary I. Shapiro, Esq. at Richards,
Layton & Finger, P.A.
COMPLEMAR PARTNERS: U.S. Trustee Appoints Creditors' Committee
--------------------------------------------------------------
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Complemar
Partners, Inc. and its affiliates.
The committee members are:
1. Partners Press
Joseph Zenger
777 East Park Drive
Tonawanda, NY 14150
716-566-6032
jzenger@zenger.com
2. Orffeo Printing
Greg Orffeo
139 Sawyer Avenue
Depew, NY 14043
716-681-5757
gpo@orffeoprinting.com
3. Sealy Industrial Partners
Jenny Long
333 Texas Street, Suite 1050
Shreveport, LA 71101
214-239-5133
JennyL@sealynet.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Complemar Partners Inc.
Complemar Partners, Inc. provides fulfillment, co-packing and
kitting, and returns management services, leveraging technology and
integrated solutions to support supply chain operations.
Headquartered in Rochester, New York, the Debtor operates over
400,000 square feet of warehouse space, handling more than 680
million items annually and serving over 1,000 customers across more
than 30 countries. It serves clients in e-commerce, health and
beauty, subscription boxes, telecom, and wine and spirits
industries.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. N.Y. Case No. 25-20610) on August 28,
2025, listing between $10 million and $50 million in assets and
liabilities. David Van Rossum, chief executive officer, signed the
petition.
Judge Warren oversees the case.
Sara C. Temes, Esq., at Bond, Schoeneck & King PLLC, represents the
Debtor as legal counsel.
CONVERGEONE HOLDINGS: Chapter 11 Plan Violates Equal-Treatment Rule
-------------------------------------------------------------------
Judge Andrew S. Hanen of the United States District Court for the
Southern District of Texas holds that ConvergeOne Holdings, Inc.'s
Chapter 11 plan violated the equal-treatment requirement of 11
U.S.C. Sec. 1123(a)(4) by giving a few preferred creditors
exclusive investment opportunities that resulted in their receiving
higher recoveries than others similarly situated. The District
Court reverses the Bankruptcy Court's Confirmation Order to the
extent the lower court decision overruled the Minority Lenders'
objection based upon that section, and remands for further
proceedings.
Though headquartered in Minnesota, the Debtors filed their Chapter
11 bankruptcy case in the Houston Division of the Southern District
of Texas. Before filing, however, the Debtors reached a
restructuring agreement with approximately 81% of their first and
second lien holders. Starting in mid to late December 2024, the
Debtors conducted extensive negotiations regarding the agreement
with a number of creditor constituencies, including the Debtors'
equity sponsor and senior secured lender, CVC Capital Partners.
This "restructuring support agreement" was agreed to in expectation
of the filing of a prepackaged Chapter 11 Plan. The Plan was filed
quickly after the RSA was finalized.
The Minority Lenders objected to the Plan after being excluded from
the backstopping and equity-purchasing opportunity. Ultimately,
they offered two alternatives, both of which were rejected. The
first was based upon the same valuation as the Plan transaction but
was allegedly rejected because it did not address the need to
replace the DIP financing facility. The second proposal tried to
fix the DIP omission, but it lacked enough support from the
stakeholders and, as proffered, more than likely would not have
been confirmed.
Eventually, the Plan as proposed by the Debtor and Majority Lenders
passed with only the Minority Lenders objecting. The Minority
Lenders insisted their exclusion from the backstopping and
equity-purchase opportunity violated the equal treatment
requirements of the Bankruptcy Code.
The Debtors and Majority Lenders argue that the Plan treats all
prepetition claims the same because the extra value recovered by
the Majority Lenders was consideration for new additional
commitments.
The Bankruptcy Court held a two-day hearing which included
testimony and argument from all sides. The Bankruptcy Court found
the backstop was necessary and reasonable and confirmed the Plan.
The Bankruptcy Court made the factual finding that the special
committee negotiated with the overwhelming majority of holders of
IL debt extensively and reached consensus on a proposed Plan. The
negotiations were extensive and at arm's-length. Additionally, the
Bankruptcy Court rejected the Minority Lenders' argument that the
exclusive opportunity to backstop the equity-rights offering
violated Section l123(a)(4). The Bankruptcy Court did not apply a
market-test requirement, holding that neither the United States
Supreme Court nor the Fifth Circuit require it for financing
opportunities like the backstopping opportunity at issue in this
case.
On appeal, the Minority Lenders argue that the Plan's backstopping
provision allowed the Majority Lenders to receive, on average, a
30% higher recovery for their claims through exclusive means
unavailable to other class members. They argue that under Bank Am.
Nat. Tr. Sav. v. 203 N. Lasalle, 526 U.S. 434 (1999), this
additional consideration constitutes unequal treatment because:
(1) the investment opportunity itself was exclusive to certain
stakeholders for their claims and interests; and
(2) the investment opportunity was not market tested to
establish that the investment had the best possible terms for the
debtor.
The Majority Lenders do not dispute their higher recovery but argue
that the Plan does not result in unequal treatment of similar
situated creditors. Instead, Debtors simply provided them with more
consideration in exchange for the additional financial obligation
of backstopping the equity rights offering. In essence, Majority
Lenders argue that the Plan treats every member of the First Lien
Term class equally, and that the backstopping opportunity was
merely a separate agreement that involved additional consideration
for additional obligations.
It is undisputed that Debtors entered Chapter 11 with a
pre-packaged Plan. The Plan incorporated the salient terms of the
pre-filing RSA, which funded the Debtors' emergence from bankruptcy
by raising $245 million via an equity-rights offering at a 35%
discount to the stipulated equity value of Debtors under the Plan.
It is undisputed that the Majority Lenders and the Minority Lenders
are in the same class for bankruptcy purposes. Finally, it is
undisputed that the Plan was backstopped by certain members of the
First Lien Ad Hoc Group (Majority Lenders) for a return fee equal
to 10% of the total equity raised. Minority Lenders argue that the
Plan should have either offered the backstopping opportunity to all
class members or, at least, subjected the opportunity to a market
test. Therefore, the question on appeal is whether offering the
backstopping opportunity to some creditors within a particular
class, but not others, is "unequal treatment" under 11 U.S.C. Sec.
1123(a)(4).
According to the District Court, the backstopping opportunity was
exclusive -- it was offered to some, but not all, of the Class
Three creditors before the bankruptcy petition was ever filed. The
parties agree that the opportunity to participate in the
backstopping was restricted to the Majority Lenders, despite the
Minority Lenders actively seeking to participate in the
opportunity. The Majority Lenders argue that the Minority Lenders
were not really excluded from the proposal because they were free
to propose an alternative after the Plan had been filed. The
District Court does not find this persuasive. Judge Hanen explains,
"The Majority Lenders, Debtors, and Insider negotiated the terms of
the RSA for months before it was finalized, and the Minority
Lenders were excluded from those negotiations from beginning to
end. Then, as soon as the RSA was finalized, the Debtors filed the
pre-packaged bankruptcy plan which was then confirmed by the
Bankruptcy Court in a matter of weeks."
The District Court finds in the context of this pre-packaged plan,
the fact that the Minority Lenders were expressly excluded -- and
were, in fact, intentionally restricted from participating in the
deal -- makes it undisputable that the backstopping agreement was
an exclusive opportunity given to a subset of class members without
giving the Minority Lenders the chance for inclusion. This
exclusivity created a distinction among class-members without any
real opportunity for the excluded members to access the
opportunity.
Judge Hanen concludes, "The Plan relied heavily on a backstopping
agreement to finance its equity-rights offering. The Majority
Lenders were given the exclusive opportunity to purchase discounted
stock in the new entity in exchange for agreeing to backstop the
Plan and Debtors' emergence from bankruptcy. This exclusive
agreement resulted in significantly higher recoveries on the claims
of the backstopping lenders. Participation in the backstopping
opportunity, however, was not offered to all class members nor
subjected to a market test. As such, this exclusive opportunity
constituted unequal treatment of members of the same creditor
class."
The District Court finds that the Plan violates 11 U.S.C. Sec.
1123(a)(4) in the manner it treats the Minority (or Excluded)
Lenders.
A copy of the Court's Order dated September 25, 2025, is available
at https://urlcurt.com/u?l=tlUeZx from PacerMonitor.com.
About ConvergeOne Holdings
ConvergeOne Holdings Inc. operates as a holding company. The
Company, through its subsidiaries, provides managed cloud, cyber
security, enterprises networking, data center, application and
software development, security infrastructure, and hosted
collaboration solutions.
ConvergeOne Holdings and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case
No. 24-90194) on April 4, 2024, with $1 billion to $10 billion in
assets and liabilities.
Judge Christopher M. Lopez presides over the cases.
White & Case LLP is the Debtors' legal counsel. Evercore Group LLC
is the Debtors' investment banker, and AlixPartners, LLP, is the
restructuring advisor. EPIQ Bankruptcy Solutions is the claims
agent.
Gibson, Dunn & Crutcher LLP and Porter Hedges LLP, advise the first
lien lenders.
COZY HARBOR: Committee Seeks to Hire Dentons as Legal Counsel
-------------------------------------------------------------
The Official Committee of Unsecured Creditors of Cozy Harbor
Seafood, Inc., Casco Bay Lobster Co., Inc., and Art's Lobster Co.,
Inc. seeks approval from the U.S. Bankruptcy Court for the District
of Maine to hire Dentons as its legal counsel in the jointly
administered Chapter 11 cases.
Dentons will provide these services:
(a) assist and advise the Committee in its consultations with
the Debtors and its professionals, as well as the United States
Trustee, concerning the administration of the Debtors' estates and
these cases;
(b) assist the Committee's investigation of the Debtors' and
other parties' acts, conduct, assets, liabilities, and financial
condition, the operation of the Debtors' business, and any other
matter relevant to the cases or the formulation of a plan or plans
of reorganization or liquidation;
(c) prepare necessary applications, motions, complaints,
answers, orders, agreements, and other legal papers or documents on
behalf of the Committee;
(d) review, analyze, and assist the Committee in responding to
all court filings of the Debtors or other parties-in-interest and
appearing in Court to present necessary motions, applications, and
pleadings, and to otherwise protect the interest of the Committee;
(e) represent the Committee at all hearings and other
proceedings; and
(f) perform such other services as may be required and are
deemed to be in the interests of the Committee in accordance with
the Committee's powers and duties as set forth in the Bankruptcy
Code.
Dentons intends to charge for legal services on an hourly basis and
seek reimbursement of actual expenses. Hourly rates vary depending
on professional experience and geographic location. Dentons also
intends to bill non-working travel time at 50% of the billing
rate.
Dentons 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 C. Helman, Esq.
Kyle D. Smith, Esq.
Troy A. Lawrence, esq.
DENTONS BINGHAM GREENEBAUM LLP
One City Center, Suite 11100
Portland, ME 04101
Telephone: (207) 810-4955
E-mail: andrew.helman@dentons.com
kyle.d.smith@dentons.com
troy.lawrence@dentons.com
About Cozy Harbor Seafood Inc.
Cozy Harbor Seafood, Inc. is the oldest and most experienced
processor of lobster in the United States. It is a primary
processor with its main processing plant in Portland, Maine. In
business since 1980, Cozy Harbor has established itself in the U.S.
and world markets as the most respected source of high-quality
seafood products from Maine.
Cozy Harbor Seafood sought Chapter 11 protection (Bankr. D. Maine
Case No. 25-20160) on July 1, 2025, listing between $1 million and
$10 million in both assets and liabilities.
Judge Michael A. Fagone oversees the case.
D. Sam Anderson, Esq., at Bernstein Shur Sawyer & Nelson is the
Debtor's legal counsel.
CROSSCOUNTRY MORTGAGE: Fitch Assigns 'B+' IDR, On Watch Positive
----------------------------------------------------------------
Fitch Ratings has published a Long-Term Issuer Default Rating (IDR)
of 'B+' for CrossCountry Mortgage, LLC (CCM LLC). It has also
assigned Long-Term IDRs of 'B+' for CrossCountry Holdco, LLC (CCM)
and CrossCountry Intermediate Holdco, LLC (CCM Intermediate
Holdco). The ratings are on Rating Watch Positive (RWP). Fitch
expects to upgrade the IDRs to 'BB-' from 'B+' upon the settlement
of the announced transaction.
Fitch has also assigned an expected rating of 'BB-(EXP)' to CCM
Intermediate Holdco's announced $600 million unsecured debt
issuance. Proceeds from the issuance will be used to repay
outstanding secured borrowings. The fixed rate of interest and
final maturity date will be determined at the time of issuance.
Key Rating Drivers
Improved Funding Flexibility: The RWP on the IDRs reflects the
expected improvement in the funding profile following the announced
inaugural $600 million senior unsecured debt issuance. Fitch
believes the introduction of unsecured debt to the capital
structure diversifies funding sources and enhances funding
flexibility in times of stress due to lower balance sheet
encumbrance. Pro forma for the issuance, unsecured debt is expected
to comprise 11% of total debt at 2Q25, which is within Fitch's 'bb'
category quantitative benchmark range of 10%-35% for balance
sheet-heavy finance and leasing companies with a sector risk
operating environment (SROE) score in the 'bbb' category.
Growing Distributed Retail Franchise: The rating also reflects
CCM's growing franchise as a U.S. residential mortgage originator
and servicer, established market share within the distributed
retail channel, solid operating track record, conservative leverage
and capital management policies, and experienced management team.
CCM's balanced servicing and origination businesses have supported
relatively stable earnings through challenging operating
environments and interest rate cycles.
Key Person Risk: The ratings are constrained by the highly cyclical
nature of the mortgage industry, reliance on secured, short-term
wholesale funding, and potential servicing advance needs and
regulatory scrutiny arising from its exposure to Ginnie Mae (GNMA)
loans. The company is also exposed to key person risk with respect
its founder and CEO Ron Leonhardt, who remains a majority
shareholder in the business and exercises significant control over
CCM's day-to-day operations and its overall strategy.
Well Executed Growth Strategy: Fitch believes CCM has a strong
franchise in the distributed retail origination channel. While its
overall market share remains small in a fragmented U.S. mortgage
market, it has increased steadily over the last five years, which
Fitch believes reflects strong execution on its growth strategy.
Fitch would view profitable expansion into other distribution
channels favorably as it would diversify the business model.
Solid Profitability: CCM's pre-tax return on average assets (ROAA),
adjusted for GNMA loans eligible for repurchase, was 3.0% for the
TTM ended June 30, 2025, down from 6.1% in 2024 but improved from
1.2% in 2023. The company's continued profitability since 2022,
relative to a highly challenged origination market, highlights good
cost discipline and strategic execution by CCM management.
Mortgage servicing rights (MSR) exposure has grown significantly in
recent years as CCM has increased its servicing portfolio as a
natural hedge to the origination business. MSRs were 118% of equity
at 2Q25, up from 36% at YE 2020, but below the peer average of
166%. With recent volatility in mortgage rates, MSR valuation risk
is present. However, Fitch views the risk as manageable given CCM's
conservative hedging approach, good recapture capabilities, and the
low weighted average coupon of the servicing portfolio, which
reduces refinancing risk.
Conservative Corporate Debt Usage: CCM's leverage (gross debt to
tangible equity) was 4.0x at 2Q25, up from 2.8x at YE 2024 but
below a peak of 5.3x at YE 2019, as sound operating performance has
supported retained earnings growth. Fitch expects leverage to
continue to rise modestly in the near-term as origination activity
increases and the company grows its servicing portfolio through
debt-funded MSR purchases.
Corporate leverage, which excludes balances under origination
funding facilities, was 0.6x at 2Q25, which Fitch views as low. The
announced unsecured transaction is expected to be leverage neutral
as proceeds from the issuance will be used to pay down secured MSR
borrowings.
Secured Funding Profile: Consistent with other mortgage companies,
CCM is reliant on short-term wholesale funding for its operations.
CCM's secured funding profile is comprised of warehouse facilities,
an MSR line and a term loan secured by property and equipment.
CCM's warehouse facilities typically mature within one year, which
results in increased liquidity and refinancing risk.
Committed warehouse lines were 20% of total capacity at 2Q25, which
is in line with Fitch-rated peers. Fitch believes an increase in
committed funding and an extension of the funding duration would
improve CCM's funding profile. The addition of the unsecured
funding component, which will represent 11% of total debt pro forma
for the inaugural issuance will also enhance CCM's funding
flexibility.
Adequate Liquidity: Fitch views CCM's current liquidity profile as
adequate to meet operating needs, potential margin calls and
advancing requirements. At 2Q25, liquidity consisted of $141
million in cash and $393 million of undrawn borrowing capacity on
its MSR line. Although these liquidity resources represent only 9%
of total debt, which is low relative to Fitch-rated peers, the
announced unsecured issuance will unencumber MSR assets on the
balance sheet that could be monetized for additional liquidity.
Limited Asset Quality Risk: Asset quality risk is limited for CCM
as nearly all loans are conforming agency or sold to investors
shortly after origination. Delinquencies of 60+ days were 1.9% of
the portfolio at 2Q25, improved from 2.3% at YE 2024 on improved
servicing operations. Mortgages outperformed other consumer assets
over the past year due to strong home equity levels, but rising
unemployment could pressure delinquencies in 2025-2026. Fitch notes
CCM is exposed to potential losses due to repurchase or
indemnification claims from investors under certain warranty
provisions, although claims in recent years have been manageable.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
An inability to execute on the proposed unsecured offering would
result in a removal of the Rating Watch Positive and an affirmation
of the IDRs at 'B+' with a Stable Rating Outlook. Beyond that,
negative rating momentum could result from the following;
- A failure to maintain sufficient liquidity to manage servicer
advances, meet margin call requirements or fund originations;
- Corporate debt to tangible equity sustained above 1.5x, or gross
leverage sustained above 5.0x;
- An inability to refinance secured funding facilities;
- Increased utilization of secured funding that reduces the
unsecured funding mix below 10%;
- Substantial regulatory fines or litigation expenses that
negatively impact the company's franchise or operating
performance;
- The departure of Ron Leonhardt, who exercises significant control
over the day-to-day operations and overall strategy.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
Upon settlement of the proposed unsecured offering, Fitch would
expect to upgrade the IDRs one notch to 'BB-' and assign a Rating
Outlook of Stable. Beyond that, positive rating momentum could
result from the following;
- An improvement in the funding profile, including an extension of
funding duration, an increase in the committed funding percentage
and an expansion of the unsecured funding component such that
unsecured debt was maintained above 25% of total debt;
- Growth of the business that enhances the franchise and platform
scale, including growth in the servicing portfolio;
- Leverage maintained at-or-below 1x on a corporate debt to
tangible equity basis and 5x on a gross debt to tangible equity
basis; and/or
- Improved liquidity, as evidenced by a meaningful increase in
available liquidity sources (cash and available non-funding
borrowing capacity) to total debt above 30%.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
Upon settlement of the transaction, the expected rating on CCM
Intermediate Holdco's senior unsecured debt will be equalized with
the Long-Term IDR, reflecting the improved funding mix and adequate
unencumbered assets available to noteholders, suggesting average
recovery prospects in a stressed scenario.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
The expected unsecured debt rating is primarily sensitive to
changes in the IDR and would be expected to move in tandem.
However, a material reduction in unencumbered assets or an increase
in the proportion of secured funding could result in the unsecured
debt rating being notched down from the IDR.
SUBSIDIARY AND AFFILIATE RATINGS: KEY RATING DRIVERS
The ratings of CCM LLC (the operating company) and CCM Intermediate
Holdco (the debt-issuing subsidiary) are equalized with that of CCM
given they are wholly owned subsidiaries, and debt issued by CCM
Intermediate Holdco benefits from a corporate guarantee from CCM
LLC.
SUBSIDIARY AND AFFILIATE RATINGS: RATING SENSITIVITIES
The ratings of CCM LLC and CCM Intermediate Holdco are equalized
with that of CCM and are expected to move in tandem.
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: Business model
(negative).
The Asset Quality score has been assigned below the implied score
due to the following adjustment reason: Non-loan exposures
(negative)
The Earnings & 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: Risk profile
and business model (negative).
The Funding, Liquidity & Coverage score has been assigned above the
implied score due to the following adjustment reason: Historical
and future metrics (positive).
ESG Considerations
CrossCountry Holdco, LLC has an ESG Relevance Score of '4' for
Customer Welfare - Fair Messaging, Privacy & Data Security due to
its exposure to compliance risks, including fair lending practices,
debt collection practices, and consumer data protection, which has
a negative impact on the credit profile, and is relevant to the
ratings in conjunction with other factors.
CrossCountry Holdco, LLC has an ESG Relevance Score of '4' for
Governance Structure due to the elevated key person risk related to
its founders and CEO, Ron Leonhardt, who exercise significant
control over the company as well as weak governance oversight
compared to publicly traded peers, which has a negative impact on
the credit profile, and is relevant to the ratings in conjunction
with other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating
----------- ------
CrossCountry
Mortgage, LLC LT IDR B+ Publish
CrossCountry
Intermediate
Holdco, LLC LT IDR B+ New Rating
senior
unsecured LT BB-(EXP)Expected Rating
CrossCountry
Holdco, LLC LT IDR B+ New Rating
DATABASED SOLUTIONS: Brian Hofmeister Named Subchapter V Trustee
----------------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Brian Hofmeister,
Esq., as Subchapter V trustee for Databased Solutions Inc.
Mr. Hofmeister will be paid an hourly fee of $400 for his services
as Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Hofmeister declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Brian W. Hofmeister, Esq.
3131 Princeton Pike
Building 5, Suite 110
Lawrenceville, NJ 08648
Phone: (609) 890-1500
Email: bwh@hofmeisterfirm.com
About Databased Solutions Inc.
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, Databased Solutions 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, Databased Solutions conducts technical and behavioral
screening, background checks, and recruitment processes to meet the
staffing needs of its clients.
Databased Solutions filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. D.N.J. Case No. 25-19625) on
September 15, 2025, with $500,000 to $1 million in assets and $1
million to $10 million in liabilities. Ila Choudhary, president of
Databased Solutions, signed the petition.
Justin M. Gillman, Esq., at Gillman Capone, LLC represents the
Debtor as legal counsel.
DESKTOP METAL: Gets OK to Hire FTI Consulting to Provide CRO/CTO
----------------------------------------------------------------
Desktop Metal, Inc. and its affiliates received approval from the
U.S. Bankruptcy Court for the Southern District of Texas to employ
FTI Consulting, Inc. to provide certain temporary employees, and
designate Andrew Hinkelman as the chief restructuring officer, and
Chas Harvick as the chief transformation officer.
FTI will render these services:
a. assist the Debtors in contingency planning including the
evaluation, planning, and execution of a potential Chapter 11
filing;
b. coordinate the activities of the Debtors' advisory team and
advise the Debtors and Board on the restructuring;
c. manage the day-to-day activities of the restructuring;
d. assist with management and control of cash disbursements;
e. advise and assist the Debtors in the compilation and
preparation of financial information, statements, schedules, and
monthly operating reports necessary due to requirements of the
Court and/or the U.S. Trustee;
f. assist the Debtors and their other advisors with the
formulation of a Chapter 11 plan of reorganization / liquidation
and the preparation of the corresponding disclosure statement;
g. assist the Debtors in managing and executing the
reconciliation process involving claims filed by all creditors;
h. provide testimony in the Chapter 11 case as necessary or
appropriate at the Debtors' request;
i. advise and assist the Debtors and other professionals
retained by the Debtors in developing, negotiating and executing
Chapter 11 strategy, asset sales under section 363 of the
Bankruptcy Code, or other potential sales of all or portions of the
Debtors' assets.
FTI's current standard hourly rates for 2025 are:
Senior Managing Directors $1,185 to $1,525
Directors / Senior Directors /
Managing Directors $890 to $1,155
Consultants/Senior Consultants $485 to $820
Administrative / Paraprofessionals $190 to $385
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
FTI received a retainer in the total amount of $225,000.
As disclosed in the court filings, FTI is a "disinterested person"
within the meaning of section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Andrew Hinkelman
Chas Harvick
FTI Consulting, Inc.
50 California Street, Suite 1900
San Francisco, CA 94111
Tel: (415) 283-4200
Fax: (415) 293-4496
About Desktop Metal Inc.
Desktop Metal designs and markets 3D printing systems. ExOne's
business primarily consisted of manufacturing and selling 3D
printing machines and printing products to specification for its
customers for both direct and indirect applications. ExOne offered
its pre-production collaboration and print products for customers
through its network of ExOne Adoption Centers and supplied the
associated materials, including consumables and replacements parts,
and other services, including training and technical support,
necessary for purchasers of its 3D printing machines to print
products.
Desktop Metal and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90268)
on July 28, 2025, listing under up to $50,000 in both assets and
liabilities. The case is jointly administered in Case No. 25-90268.
Judge Christopher M. Lopez oversees the case.
Benjamin Lawrence Wallen at Pachulski Stang Ziehl & Jones LLP
serves as the Debtors' counsel.
On August 6, 2025, the Office of the United States Trustee
appointed an official committee of unsecured creditors in these
Chapter 11 cases. The committee tapped Lowenstein Sandler LLP and
Munsch Hardt Kopf & Harr, PC as counsel and Province LLC as
financial advisor.
DESKTOP METAL: Gets OK to Hire Pachulski Stang Ziehl as Counsel
---------------------------------------------------------------
Desktop Metal, Inc. and its affiliates received approval from the
U.S. Bankruptcy Court for the Southern District of Texas to employ
Pachulski Stang Ziehl & Jones LLP as general bankruptcy counsel.
The firm will render these services:
a. assist, advise, and represent the Debtors in their
consultations with estate constituents regarding the administration
of these Chapter 11 Cases;
b. assist, advise, and represent the Debtors in any manner
relevant to the Debtors' financing needs, asset dispositions, and
leases and other contractual obligations;
c. assist, advise, and represent the Debtors in any issues
associated with the acts, conduct, assets, liabilities, and
financial condition of the Debtors;
d. assist, advise, and represent the Debtors in the
negotiation, formulation, and drafting of any plan of
reorganization and disclosure statement;
e. assist, advise, and represent the Debtors in the
performance of their duties and the exercise of their powers under
the Bankruptcy Code, the Bankruptcy Rules, and any applicable local
rules and guidelines; and
f. provide such other necessary advice and services as the
Debtors may require in connection with these Chapter 11 Cases.
The firm's standard hourly rates are:
Partners $1,075 to $2,350
Of Counsel $1,050 to $1,850
Associates $725 to $1,225
Paraprofessionals $575 to $675
The firm received payments from the Debtor in the amount of
$1,300,000.
The firm provided the following information in response to the
request for additional information set forth in Paragraph D.1 of
the Fee Guidelines.
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: No.
Question: Do any of the professionals included in this engagement
vary their rate based on the geographic location of the bankruptcy
case?
Response: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments or
discounts offered during the 12 months prepetition. If your billing
rates and material financial terms have changed post-petition,
explain the difference and the reasons for the difference.
Response: The material financial terms for the prepetition
engagement remained the same as the engagement was hourly-based.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Response: The Debtor and the firm have discussed an anticipated
budget for this Case.
Benjamin L. Wallen, Esq., a partner at Pachulski Stang Ziehl &
Jones LLP, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Benjamin L. Wallen, Esq.
Pachulski Stang Ziehl & Jones LLP
700 Louisiana Street, Suite 4500
Houston, TX 77002
Tel: (713) 691-9385
Fax: (713) 691-9407
Email: info@pszjlaw.com
About Desktop Metal Inc.
Desktop Metal designs and markets 3D printing systems. ExOne's
business primarily consisted of manufacturing and selling 3D
printing machines and printing products to specification for its
customers for both direct and indirect applications. ExOne offered
its pre-production collaboration and print products for customers
through its network of ExOne Adoption Centers and supplied the
associated materials, including consumables and replacements parts,
and other services, including training and technical support,
necessary for purchasers of its 3D printing machines to print
products.
Desktop Metal and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90268)
on July 28, 2025, listing under up to $50,000 in both assets and
liabilities. The case is jointly administered in Case No. 25-90268.
Judge Christopher M. Lopez oversees the case.
Benjamin Lawrence Wallen at Pachulski Stang Ziehl & Jones LLP
serves as the Debtors' counsel.
On August 6, 2025, the Office of the United States Trustee
appointed an official committee of unsecured creditors in these
Chapter 11 cases. The committee tapped Lowenstein Sandler LLP and
Munsch Hardt Kopf & Harr, PC as counsel and Province LLC as
financial advisor.
DESKTOP METAL: Gets OK to Hire Piper Sandler as Investment Banker
-----------------------------------------------------------------
Desktop Metal, Inc. and its affiliates received approval from the
U.S. Bankruptcy Court for the Southern District of Texas to employ
Piper Sandler & Co. as investment banker.
The firm will render these services:
a. review and analyze the Debtors' assets and liabilities and
the operating and financial strategies of the Debtors;
b. review and analyze the business plans and financial
projections prepared by the Debtors;
c. evaluate the Debtors' debt capacity in light of its
projected cash flows and assist in the determination of an
appropriate capital structure for the Debtors;
d. evaluate the Debtors' liquidity, including financing
alternatives;
e. determine a range of values for the Debtors and any
securities that the Debtors offer or propose to offer in connection
with a Transaction;
f. assist the Debtors in raising debt or equity financing,
including developing marketing materials, creating and maintaining
a data room and contact log, initiating contact with potential
capital providers and running the process for a Financing;
g. assist the Debtors in Transaction related activities,
including developing marketing materials, creating and maintaining
a data room and contact log and initiating and managing contact
with interested buyers throughout the process;
h. assist the Debtors in planning for dialogue and
negotiations with creditors for a potential Transaction, including
with respect to the creditor due diligence process and negotiations
with the various creditor constituencies;
i. assist the Debtors and its other professionals in reviewing
the terms of any proposed Transaction, and/or Financing (whether
proposed by the Company or by a third party), in responding thereto
and, if directed, in evaluating alternative proposals for a
Transaction and/or Financing, as applicable;
j. assist or participate in negotiations with the parties in
interest, including, without limitation, any current or prospective
creditors of, holders of equity in, or claimants against the
Company and/or their respective representatives in connection with
a Transaction;
k. advise the Debtors with respect to, and attend, meetings of
the Debtors' Board of Directors, creditor groups and other
interested parties, as reasonably requested;
l. in the event the Debtors become subject to a Bankruptcy
Proceeding commenced under any Applicable Statute, and if requested
by the Company, participate in hearings before the court in which
such Bankruptcy Proceeding is commenced and provide relevant
testimony with respect to the matters described herein and issues
arising in connection with any proposed Plan; and
m. render such other financial advisory and investment banking
services as may be agreed upon by Piper Sandler and the Debtors.
Piper Sandler will receive compensation at these fees:
a. Commencing as of April 15, 2025, whether or not a
Transaction is proposed or consummated, an advisory fee (a "Monthly
Fee") of $125,000 per month. The initial Monthly Fee shall be
pro-rated based on the commencement of services as of April 15,
2025 through to the end of the calendar month. The initial Monthly
Fee shall be due and payable by the Company upon the execution of
this Agreement by the Company, and thereafter the Monthly Fee shall
be due and payable by the Company in advance on the first business
day of each month.
b. A fee (the "Completion Fee") of $2,000,000, which shall be
due and payable in immediately available funds upon the
consummation of any Transaction. In connection with a Transaction
intended to be consummated, in whole or in part, in connection with
a pre-packaged or pre-arranged Plan, (i) 100 percent of the
Completion Fee shall be deemed to have been earned prior to the
commencement of the Bankruptcy Proceeding, and (ii) the Company
shall pay (a) (1) 50 percent of the Completion Fee (x) in the case
of a prepackaged Plan, upon receipt of votes sufficient for a class
of holders of claims to be a consenting class under the Bankruptcy
Code for such prepackaged Plan, or (y) in the case of a prearranged
Plan, upon obtaining signatures (or comparable indications of
support acceptable to the Company) from the Company's creditors
sufficient to support a determination by the Company to approve the
filing of such prearranged Plan and (b) the remaining 50 percent of
the Completion Fee when the Plan becomes effective. For purposes of
this agreement, a "pre-arranged" Plan means any Plan with respect
to which holders of at least one class of claims representing at
least 50.0 percent in dollar amount of the claims in such class
have provided written evidence (through a "lock-up agreement" or
otherwise) of their intent to vote in favor of such Plan and a
"pre-packaged" Plan means any plan which has secured acceptances
from holders of at least one class of claims representing at least
66.67 percent in dollar amount of the claims and more than 50
percent of all claims in such class prior to commencement of the
chapter 11 cases.
c. A fee (the "Testimonial Fee") of $500,000, which shall be
due and payable in full upon the earlier of: (i) delivery of an
expert report in connection with the Bankruptcy Proceeding; or (ii)
significant testimony by a Piper Sandler employee in connection
with the Bankruptcy Proceeding. For the avoidance of doubt, the
Testimonial Fee may only be earned once in connection with this
engagement.
d. A new capital fee (each, a "New Capital Fee") equal to (i)
1.0 percent of the face amount of any senior secured Financing
raised, including, without limitation, any senior secured
debtor-in-possession Financing raised; (ii) 3.0 percent of the face
amount of any junior secured or senior or subordinated unsecured
Financing raised; and (iii) 5.0 percent in the case of any other
Financing, including, without limitation, equity or equity-linked
Financing, capital convertible into equity or hybrid capital
raised, including, without limitation, equity underlying any
warrants, purchase rights or similar contingent equity securities.
The New Capital Fee shall be earned and payable upon the closing of
the Transaction in connection with which the Financing is
committed. For the avoidance of doubt, (x) there may be multiple
New Capital Fees if there are multiple Transactions by which the
Financing is committed, (y) the term "raised" shall include the
amount committed or otherwise made available to the Company whether
or not such amount (or any portion thereof) is drawn down at
closing or is ever drawn down and whether or not such amount (or
any portion thereof) is used to refinance existing obligations of
the Company and (z), the New Capital Fee relating to any warrants,
purchase rights or similar contingent equity securities shall be
due and payable upon the closing of the Transaction in connection
with which such instruments are issued and shall be calculated as
if all such instruments are exercised in full (and the full
exercise price is paid in cash) on the date of such closing,
whether or not all or any portion of such instruments are vested
and whether or not such instruments are actually so exercised.
The parties hereto have agreed that any portion of any Financing
that has been provided by Nano Dimension Ltd. (and its direct and
indirect subsidiaries) shall not be included in the calculation of
any New Capital Fee.
e. To the extent the Company requests that Piper Sandler
perform additional financial advisory or investment banking
services not contemplated by this Agreement, such additional fees
as shall be mutually agreed upon by Piper Sandler and the Company,
in writing, in advance.
f. Unless Piper Sandler has provided alternative directions in
writing delivered to the Company, Piper Sandler directs that the
fees payable to Piper Sandler hereunder be paid by wire transfer to
Piper Sandler.
g. All amounts referenced hereunder reflect United States
currency and shall be paid promptly in cash after such amounts
become payable.
Daniel Gilligan, an executive director at Piper Sandler & Co.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Daniel Gilligan
Piper Sandler & Co.
1251 Avenue of Americas, 39th Floor
New York, NY 10020
About Desktop Metal Inc.
Desktop Metal designs and markets 3D printing systems. ExOne's
business primarily consisted of manufacturing and selling 3D
printing machines and printing products to specification for its
customers for both direct and indirect applications. ExOne offered
its pre-production collaboration and print products for customers
through its network of ExOne Adoption Centers and supplied the
associated materials, including consumables and replacements parts,
and other services, including training and technical support,
necessary for purchasers of its 3D printing machines to print
products.
Desktop Metal and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90268)
on July 28, 2025, listing under up to $50,000 in both assets and
liabilities. The case is jointly administered in Case No. 25-90268.
Judge Christopher M. Lopez oversees the case.
Benjamin Lawrence Wallen at Pachulski Stang Ziehl & Jones LLP
serves as the Debtors' counsel.
On August 6, 2025, the Office of the United States Trustee
appointed an official committee of unsecured creditors in these
Chapter 11 cases. The committee tapped Lowenstein Sandler LLP and
Munsch Hardt Kopf & Harr, PC as counsel and Province LLC as
financial advisor.
DESKTOP METAL: Gets OK to Hire Weil Gotshal & Manges as Counsel
---------------------------------------------------------------
Desktop Metal, Inc. and its affiliates received approval from the
U.S. Bankruptcy Court for the Southern District of Texas to employ
Weil, Gotshal & Manges LLP as counsel to the governing bodies.
The firm will render these services:
a. conduct the investigation into, and assessment of,
potential claims arising out of the governance and management of
the Company and transactions between or among the Company, its
affiliates, and/or any related parties, including requesting and
reviewing documents from the Company and its advisors, interviewing
witnesses and seeking cooperation of third parties;
b. identify and/or evaluate any litigation or other
contentious dispute with Nano Dimension Ltd. or Nano US I Inc.
(collectively "Nano") involving any matter substantially related to
Nano in their capacities as named defendants in Desktop Metal, Inc.
v. Nano Dimension Ltd. and Nano US I Inc. (2024) in the Court of
Chancery of the State of Delaware;
c. prepare any report or other papers necessary or otherwise
beneficial to meet the objectives of the Governing Bodies in
connection with the foregoing and present findings in connection
therewith;
d. appear before the Court or any other courts to represent
the interests of the Governing Bodies;
e. attend meetings of the Governing Bodies;
f. assist with any other matter for which Weil's services are
requested by the Governing Bodies, including the assessment and
implementation of any corporate transactions; and
g. take all other actions that the Governing Bodies may
determine are necessary, advisable, or appropriate to fulfill their
duties and responsibilities.
The firm will be paid at these rates:
Partners and Counsels $1,725 to $2,575 per hour
Associates $890 to $1,560 per hour
Paraprofessionals $375 to $630 per hour
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Weil received payments and advances in the aggregate amount of
$1,360,001.
The following is provided in response to the request for additional
information set forth in Appendix B, Paragraph D.1 of the UST Fee
Guidelines:
Question: Did Weil agree to any variations from, or alternatives
to, Weil's standard billing arrangements for this engagement?
Answer: No. The hourly rates set forth in the Application are
consistent with the rates that Weil charges other comparable
chapter 11 clients, and the rate structure provided by Weil is
appropriate and is not significantly different from (a) the rates
that Weil charges in other non-bankruptcy representations or (b)
the rates of other comparably skilled professionals for similar
engagements.
Question: Do any of the professionals in this engagement vary
their rate based on the geographic location of these chapter 11
cases?
Answer: No.
Question: If Weil has represented the Debtors in the 12 months
prepetition, disclose Weil's billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If Weil's billing rates and
material financial terms have changed postpetition, explain the
difference and the reasons for the difference.
Answer: Weil was engaged by the Governing Bodies in May 2025.
Weil's customary hourly rates in 2025, subject to change from time
to time, were $1,725 to $2,575 for partners and counsel, $890 to
$1,560 for associates, and $375 to $630 for paraprofessionals.
Weil's billing rates have not changed or increased between May 2025
and the date hereof.
Question: Have the Debtors approved Weil's budget and staffing
plan, and, if so, for what budget period?
Answer: The Debtors have budgeted for Weil's estimated fees and
expenses. Weil has regular meetings with the Debtors and the
Governing Bodies to provide updates regarding Weil's workstreams.
Given the nature of the retention, Weil has not prepared a formal
budget but will do so if and to the extent it becomes relevant.
As disclosed in the court filings, Weil is a "disinterested person"
as that term is defined in section 101(14) of the Bankruptcy Code
as modified by section 1107(b) of the Bankruptcy Code.
The firm can be reached at:
Kelly DiBlasi, Esq.
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
Tel: (212) 310-8000
About Desktop Metal Inc.
Desktop Metal designs and markets 3D printing systems. ExOne's
business primarily consisted of manufacturing and selling 3D
printing machines and printing products to specification for its
customers for both direct and indirect applications. ExOne offered
its pre-production collaboration and print products for customers
through its network of ExOne Adoption Centers and supplied the
associated materials, including consumables and replacements parts,
and other services, including training and technical support,
necessary for purchasers of its 3D printing machines to print
products.
Desktop Metal and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90268)
on July 28, 2025, listing under up to $50,000 in both assets and
liabilities. The case is jointly administered in Case No. 25-90268.
Judge Christopher M. Lopez oversees the case.
Benjamin Lawrence Wallen at Pachulski Stang Ziehl & Jones LLP
serves as the Debtors' counsel.
On August 6, 2025, the Office of the United States Trustee
appointed an official committee of unsecured creditors in these
Chapter 11 cases. The committee tapped Lowenstein Sandler LLP and
Munsch Hardt Kopf & Harr, PC as counsel and Province LLC as
financial advisor.
DOUBLESHOT HOLDINGS: Gets OK to Use Cash Collateral Until Nov. 20
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division issued a second interim order allowing Doubleshot
Holdings, LLC to use cash collateral through November 20.
The interim order authorized the Debtor to use cash collateral to
pay ordinary business expenses as outlined in its monthly budget.
As adequate protection to ServisFirst Bank, the Debtor was
authorized to make monthly payments of $4,000 on the loan it
obtained from the bank. ServisFirst Bank must credit the Debtor's
funds that it is holding to each of the loan payments until those
funds are exhausted.
In addition, the Debtor was authorized to make interest-only
monthly payments on the business credit card account as further
protection.
All secured creditors will be granted perfected post-petition liens
on the cash collateral with the same priority, validity and extent
as their pre-bankruptcy liens.
The interim order remains in effect until the conversion or
dismissal of the Debtor's bankruptcy case, appointment of a
trustee, confirmation of the Debtor's Chapter 11 plan, or further
court order.
A continued hearing is scheduled for November 20.
About Doubleshot Holdings
Doubleshot Holdings, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04915) on July
18, 2025, listing up to $100,000 in assets and up to $1 million in
liabilities. Mark Krajcir, managing member of Doubleshot Holdings,
signed the petition.
Judge Roberta A. Colton oversees the case.
Samantha L. Dammer, Esq., at Bleakley Bavol Denman & Grace,
represents the Debtor as legal counsel.
Servis First Bank, as lender, is represented by:
Lara Roeske Fernandez, Esq.
Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A.
' 101 East Kennedy Boulevard, Suite 2700
Tampa, FL 33602
Tel: (813) 223-7474
Fax: (813) 229-6553
LFernandez@trenam.com
EAGLE THEATER: Seeks to Hire Goldenberg Heller as Counsel
---------------------------------------------------------
Eagle Theater Operating LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Illinois to hire Goldenberg
Heller & Antognoli, P.C. as bankruptcy counsel.
The firm will render these services:
(a) advise the Debtor with respect to matters in litigation
affecting Debtor's continued operation of its business and property
as Debtor-in-Possession;
(b) assist the Debtor in formulation and presentation to
creditors and parties in interest of Chapter 11 Plan;
(c) assist the Debtor in implementation of a Chapter 11 Plan;
(d) represent the Debtor in connection with actions under
Chapter 5 of the Bankruptcy Code;
(e) object to claims, when appropriate;
(f) provide such other and further services as are necessary,
including, without limitation, the defense of contested matters.
Wolfram Capital Partners, a nondebtor, paid a general retainer of
$39,978.33.
As disclosed in the court filings, Goldenberg Heller & Antognoli
has not represented any adverse party, and has no conflict of
interest arising from their representation of Debtor and
Debtor-in-Possession in these proceedings.
The firm can be reached through:
Steven M. Wallace, Esq.
GOLDENBERG HELLER & ANTOGNOLI, P.C.
2227 S. State Route 157
Edwardsville, IL 62025
Tel: (618) 656-5150
Fax: (618) 656-6230
Email: steven@ghalaw.com
About Eagle Theater Operating LLC
Eagle Theater Operating LLC operates a movie theater in Robinson,
Illinois. The Company provides cinema services, including movie
screenings and concessions.
Eagle Theater Operating LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ill. Case No. 25-60076) on May
11, 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 Mary E. Lopinot handles the case.
The Debtors are represented by Steven M. Wallace, Esq. at
GOLDENBERG HELLER & ANTOGNOLI, P.C.
EAGLE THEATER: Seeks to Hire Goldenberg Heller as Counsel
---------------------------------------------------------
Eagle Theater Management, LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of Illinois to hire
Goldenberg Heller & Antognoli, P.C. as bankruptcy counsel.
The firm will render these services:
(a) advise the Debtor with respect to matters in litigation
affecting Debtor's continued operation of its business and property
as Debtor-in-Possession;
(b) assist the Debtor in formulation and presentation to
creditors and parties in interest of Chapter 11 Plan;
(c) assist the Debtor in implementation of a Chapter 11 Plan;
(d) represent the Debtor in connection with actions under
Chapter 5 of the Bankruptcy Code;
(e) object to claims, when appropriate;
(f) provide such other and further services as are necessary,
including, without limitation, the defense of contested matters.
Wolfram Capital Partners, a nondebtor, paid a general retainer of
$39,978.33.
As disclosed in the court filings, Goldenberg Heller & Antognoli
has not represented any adverse party, and has no conflict of
interest arising from their representation of Debtor and
Debtor-in-Possession in these proceedings.
The firm can be reached through:
Steven M. Wallace, Esq.
GOLDENBERG HELLER & ANTOGNOLI, P.C.
2227 S. State Route 157
Edwardsville, IL 62025
Tel: (618) 656-5150
Fax: (618) 656-6230
Email: steven@ghalaw.com
About Eagle Theater Management, LLC
Eagle Theater Management, LLC operates a movie theater in Robinson,
Illinois. The Company provides cinema services, including movie
screenings and concessions.
Eagle Theater Operating LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ill. Case No. 25-60077) on May
11, 2025. In its petition, the Debtor reports estimated assets up
to $50,000 and estimated liabilities between $1 million and $10
million. The petition was signed by Kurt Eric Gubelman as manager
and member.
Honorable Bankruptcy Judge Mary E. Lopinot handles the case.
The Debtors are represented by Steven M. Wallace, Esq. at
GOLDENBERG HELLER & ANTOGNOLI, P.C.
EAST COAST: Seeks to Hire Verdolino & Lowey as Accountant
---------------------------------------------------------
East Coast Designs Inc. seeks approval from the U.S. Bankruptcy
Court for the District of Massachusetts to hire Verdolino & Lowey,
P.C. as accountant.
The firm's services include:
a. budgeting and reporting, including assisting the Debtor in
preparing 13-week cash flow analyses, as extended to meet the needs
of the case;
b. assisting the Debtor with cash management issues;
c. analyzing accounts payable, accounts receivable, inventory
and other areas for cash flow optimization;
d. assisting the Debtor regarding accounts payable, accounts
receivable, and if applicable, lease negotiations;
e. assisting the Debtor in negotiations with various
parties-in-interest, including lenders, equity holders and others
to extend/negotiate terms and/or provide funding sources;
f. supporting the Debtor in such matters as the company
president shall request or required from time to time;
g. preparing the Debtor's 2024 income tax return;
h. assisting with payroll processing and reporting; and
i. providing other Chapter 11 services customarily provided by
an accountant, including preparation of required monthly operating
reports.
The firm's rates are:
Principals $565/hour
Managers $275 to $450/hour
Staff $225 to $395/hour
Bookkeepers $225 to $300/hour
Clerical Staff $95/hour
Matthew Flynn, principal at Verdolino & Lowey, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Matthew R. Flynn
Verdolino & Lowey PC
124 Washington St., Ste. 101
Foxboro, MA 02035
Tel: (508) 543-1720
About East Coast Designs Inc.
East Coast Designs Inc. is a specialized design services company
based in Marblehead, Massachusetts. It provides professional design
services in the interior and home design sector, with operations
along the East Coast.
East Coast Designs Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-11692)
on August 13, 2025. In its petition, the Debtor reports estimated
assets between $100,000 and $500,000 and estimated liabilities
between $500,000 and $1 million.
Honorable Bankruptcy Judge Christopher J Panos handles the case.
The Debtor is represented by Nicholson Devine LLC.
FIRST BRANDS: Case Summary & 30 Largest Unsecured Creditors
-----------------------------------------------------------
Lead Debtor: First Brands Group, LLC
Crowne Automotive Aftermarket, LLC
Trico Group, LLC
127 Public Square, Suite 5300
Cleveland, Ohio 44114
Business Description: First Brands Group LLC is an automotive
parts manufacturer and distributor that
develops, markets, and sells replacement and
performance components for passenger and
commercial vehicles worldwide. The
Company's portfolio spans braking systems,
filtration products, wiper blades, fuel and
water pumps, spark plugs, lift supports,
lighting, and towing and trailering
equipment, offered under brands such as
Raybestos, Centric, StopTech, FRAM, TRICO,
Autolite, Carter, and Reese. It serves
global automotive aftermarket customers
through a network of owned, licensed, and
acquired brands.
Court: United States Bankruptcy Court
Southern District of Texas
Five affiliates that have filed voluntary petitions for relief
under Chapter 11 of the Bankruptcy Code on September 28, 2025:
Debtor Case No.
------ --------
First Brands Group, LLC (Lead) 25-90399
Trico Technologies Corporation 25-90396
First Brands Group Holdings, LLC 25-90397
First Brands Group Intermediate, LLC 25-90398
Viceroy Private Capital, LLC 25-90400
Ninety-three affiliates that have filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code on September 29,
2025:
FRAMAuto Holdings, LLC 25-90401
Autolite Operations LLC 25-90402
FRAM Group Operations LLC 25-90403
FRAM Group IP LLC 25-90404
Jasper Acquisition Corp. 25-90405
Jasper Rubber Products, Inc 25-90406
Specialty Pumps Group, Inc. 25-90407
ASC Industries, Inc. 25-90408
Heatherton Holdings, LLC 25-90409
PHNX Acquisition Corp. 25-90410
Hopkins Acquisition, Inc. 25-90411
Hopkins Manufacturing Corporation 25-90412
Carrand Companies, Inc. 25-90413
Horizon Global Corporation 25-90414
Horizon Global Company LLC 25-90415
Horizon Global Americas Inc. 25-90416
Horizon International Holdings LLC 25-90417
Horizon Euro Finance LLC 25-90418
Strongarm, LLC 25-90419
Premier Marketing Group, LLC 25-90420
AVM Export, Inc. 25-90421
Carter Fuel Systems, LLC 25-90422
Carter Fuel Export, Inc. 25-90423
Carter Carburetor Holdings, LLC 25-90424
Walbro Midco LLC 25-90425
UCI Acquisition Holdings (No. 4) LLC 25-90426
WEM US Co. 25-90427
Dalton Corporation, Stryker
Machining Facility Co. 25-90428
Reman Management International LLC 25-90429
Walbro LLC 25-90430
UCI-Airtex Holdings, Inc. 25-90431
Carter Carburetor, LLC 25-90432
Dalton Corporation, Ashland
Manufacturing Facility 25-90433
Airtex Industries, LLC 25-90434
Smart Choice, LLC 25-90435
KTRI Holdings, Inc. 25-90436
Viper Acquisition, Inc. 25-90437
Viper Acquisition I, Inc. 25-90438
Tridonex USA LLC 25-90439
Airtex Products, LP 25-90440
Qualitor Acquisition Inc. 25-90441
UCI Pennsylvania, Inc. 25-90442
Qualitor, Inc. 25-90443
Global Reman Ventures, LLC 25-90444
Champion Laboratories, Inc. 25-90445
TAE Brakes, LLC 25-90446
Transportation Aftermarket Enterprise, LLC 25-90447
APC Parent, LLC 25-90448
Universal Auto Filter LLC 25-90449
TAE China Holdings, Inc. 25-90450
International Brake Industries, Inc. 25-90451
APC Intermediate Holdings, LLC 25-90452
Qualitor Subsidiary H, Inc. 25-90453
CWD Intermediate Holdings I, LLC 25-90454
Qualitor Subsidiary S, Inc. 25-90455
Fuel Filter Technologies, Inc. 25-90456
IBI International Holding Company, Inc. 25-90457
CWD Intermediate Holdings II, LLC 25-90458
Longman Enterprises, Inc. 25-90459
Carnaby Capital, LLC 25-90460
Pylon Manufacturing Corp. 25-90461
CWD Holding, LLC 25-90462
Qualitor Automotive, LLC 25-90463
Carnaby Inventory Holdings IV, LLC 25-90464
CWD, LLC 25-90465
Carnaby Inventory IV, LLC 25-90466
Pylon South Bend, Inc. 25-90467
Carnaby FA Holdings, LLC 25-90468
Qualis Enterprises, LLC 25-90469
KTRI Offshore Holdings, LLC 25-90470
BPI Acquisition Company, LLC 25-90471
Trico Products Corporation 25-90472
Carnaby FA, LLC 25-90473
Qualis Automotive, L.L.C. 25-90474
Global Assets GmbH 25-90475
Trico Holding Corporation 25-90476
Brake Parts Inc LLC 25-90477
Toledo Molding & Die, LLC 25-90478
UCI International Holdings Parent Inc. 25-90479
BPI EC, LLC 25-90480
Dalton Corporation, Kendallville
Manufacturing Facility 25-90481
Dalton Corporation, Warsaw
Manufacturing Facility 25-90482
UCI International Holdings, Inc. 25-90483
Brake Parts Inc India LLC 25-90484
UCI International, LLC 25-90485
BPI Holdings International, LLC 25-90486
United Components, LLC 25-90487
Brake Parts Inc China LLC 25-90488
Eagle Machining, LLC 25-90489
Eagle Casting Holdings, LLC 25-90490
Eagle Casting, LLC 25-90491
Dalton Corporation 25-90492
Cardone Industries, Inc. 25-90493
SDC TX, LLC 25-90494
Thirteen more affiliates that had previously submitted Chapter 11
bankruptcy petitions on September 24, 2025:
Global Assets LLC 25-90383
Global Lease Assets Holdings, LLC 25-90384
Carnaby Capital Holdings, LLC 25-90385
Broad Street Financial Holdings, LLC 25-90386
Broad Street Financial, LLC 25-90387
Carnaby Inventory II, LLC 25-90388
Carnaby Inventory Holdings II, LLC 25-90389
Carnaby Inventory III, LLC 25-90390
Carnaby Inventory Holdings III, LLC 25-90391
Patterson Inventory, LLC 25-90392
Patterson Inventory Holdings, LLC 25-90393
Starlight Inventory I, LLC 25-90394
Starlight Inventory Holdings I, LLC 25-90395
Judge: Hon. Christopher M Lopez
Debtors' Counsel: Clifford W. Carlson, Esq.
Gabriel A. Morgan, Esq.
WEIL, GOTSHAL & MANGES LLP
700 Louisiana Street, Suite 3700
Houston, Texas 77002
Tel: (713) 546-5000
Fax: (713) 224-9511
Email: clifford.carlson@weil.com
gabe.morgan@weil.com
AND
Matthew S. Barr, Esq.
Sunny Singh, Esq.
Andriana Georgallas, Esq.
Kevin Bostel, Esq.
Jason H. George, Esq.
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York 10153
Tel: (212) 310-8000
Fax: (212) 310-8007
Email: matt.barr@weil.com
sunny.singh@weil.com
andriana.georgallas@weil.com
kevin.bostel@weil.com
jason.george@weil.com
Debtors'
Financial
Advisor: ALVAREZ & MARSAL NORTH AMERICA, LLC
Debtors'
Investment
Banker: LAZARD FRERES & CO
Debtors'
Claims &
Noticing
Agent: KROLL RESTRUCTURING AGENCY, LLC
Estimated Assets
(on a consolidated basis): $1 billion to $10 billion
Estimated Liabilities
(on a consolidated basis): $10 billion to $50 billion
The petitions were signed by Charles M. Moore as chief
restructuring officer.
A full-text copy of the Lead Debtor's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/AI7Q6SI/First_Brands_Group_LLC__txsbke-25-90399__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. HFS Supply Chain $233,707,424
Attn.: Juan Segundo, Finance
Sales Director
360 Madison Avenue, 22nd Floor
New York, New York 10017
United States
Phone: (862) 217-6927
Email: jsegundo@raistone.com
2. Trade Finance Company Supply Chain $208,261,460
Attn.: Juan Segundo, Sales Director Finance
360 Madison Avenue, 22nd Floor
New York, New York 10017
United States
Phone: (862) 217-6927
Email: jsegundo@raistone.com
3. 1977 O'Connor Supply Chain $116,072,544
Attn.: Juan Segundo, Sales Director Finance
360 Madison Avenue, 22nd Floor
New York, New York 10017
United States
Phone: (862) 217-6927
Email: jsegundo@raistone.com
4. The CIT Group Supply Chain $84,370,311
Attn.: Michael Helms Finance
201 S Tryon Street, Suite 600
Charlotte, North Carolina 28202
United States
Phone: (704) 339-2920
Email: michael.helms@firstcitizens.com
5. Internal Revenue Service Federal $68,661,790
Attn.: Centralized Income Taxes
Insolvency Operation
1111 Pennsylvania Avenue NW
Washington, District of Columbia 20004-2541
United States
Phone: (800) 973-0424
Fax: (855) 235-6787
6. Napier Supply Chain $47,094,364
Attn.: John Pfisterer, Finance
Global Head of Revenue Strategy
285 Madison Avenue, Suite 1402
New York, New York 10017
United States
Phone: (914) 844-9422
Email: jpfisterer@liquidx.com
7. Wafra (WSS) Supply Chain $38,030,178
Attn.: Juan Segundo, Finance
Sales Director
360 Madison Avenue, 22nd Floor
New York, New York 10017
United States
Phone: (862) 217-6927
Email: jsegundo@raistone.com
8. Pemberton Capital Advisors LLP Supply Chain $36,269,326
Attn.: Joe Boscia, Finance
Executive Director
5 Howick Place
London, SW1P 1WG
United Kingdom
Phone: +44 203-8611671
Email: joe.boscia@pembertonam.com
9. IVY Supply Chain $26,643,031
Attn.: Juan Segundo, Sales Director Finance
360 Madison Avenue, 22nd Floor
New York, New York 10017
United States
Phone: (862) 217-6927
Email: jsegundo@raistone.com
10. Fasanara Supply Chain $24,298,011
Attn.: John Pfisterer, Finance
Global Head of Revenue Strategy
285 Madison Avenue, Suite 1402
New York, New York 10017
United States
Phone: (914) 844-9422
Email: jpfisterer@liquidx.com
11. Southstate Bank, N.A. Supply Chain $22,803,104
Attn.: John Seeds, Senior VP Finance
1101 1st Street S
Winter Haven, Florida 33880
United States
Phone: (404) 995-6092
Email: john.seeds@southstatebank.com
12. Orbian Management Limited Supply Chain $20,033,620
Attn.: Delvina Kolic, Director Finance
34-37 Liverpool Street, 2nd Floor
London, EC2M 7PP
United Kingdom
Phone + 44 0-208-051-8890
Email: delvina.kolic@orbian.com
13. Randall Metals Corporation Trade Payables $15,259,077
Attn.: Larry Leffingwell, Chairman
10275 W Higgins Road, Suite 410
Rosemont, Illinois 60018
United States
Phone: (847) 952-9690
Email: lleffingwell@randallmetals.com
14. THI Group Shanghai Trade Payables $14,797,510
Attn.: Ricky He, Senior Manager
10F, Kaikai Plaza, No 888
Wanhangdu Road, Jinan District
Shanghai, 200042
China
Phone: +86 21-61339533-768
Email: rickyhe@t3ex-thi.com
15. Yusin Brake Corporation Trade Payables $14,159,155
Attn.: Paul Stewart, VP
5F, No. 381
Wufeng N. Rd, East Dist.
Chiayi City, 600
Taiwan
Phone: + 886 5-2788687
Email: paul@bourneusa.com
16. DSSI LLC Trade Payables $9,082,728
Attn.: Suja Katarya, CEO
9300 Shelbyville Road, Suite 910
Louisville, Kentucky 40222
United States
Phone: (248) 208-8375
Email: suja.katarya@procurementadvisors.com
17. Nomura Supply Chain $8,930,890
Attn.: Juan Segundo, Sales Director Finance
360 Madison Avenue, 22nd Floor
New York, New York 10017
United States
Phone: (862) 217-6927
Email: jsegundo@raistone.com
18. Future Electronics Corp. Trade Payables $8,388,368
Attn.: Geoff Annesi, Corporate VP
237 Hymus Boulevard
Pointe-Claire, Quebec
QC H9R 5C7
Canada
Phone: (514) 694-7710
Email: geoffrey.annesi@futureelectronics.com
19. American Global Logistics Trade Payables $8,208,622
Attn.: Chad Rosenberg, CEO
1400 Hembree Road, Suite 120
Roswell, Georgia 30076
United States
Phone: (404) 480-4593
Email: crosenberg@americangloballogistics.com
20. FedEx Trade Networks Trade Payables $7,297,882
Attn.: Patrick Moebel, President
3650 Hacks Cross Road
Memphis, Tennessee 38103
United States
Phone: (901) 818-7500
Email: patrick.moebel@fedex.com
21. Cardone Holdco LP Revenue $7,000,000
c/o Brookfield Asset Management Payout
Attn.: Rachel Arnett, VP Liability
Brookfield Place New York
250 Vesey Street, 15th Floor
New York, New York 10281
United States
Phone: (416) 682-3860
Email: rachel.arnett@brookfield.com
22. Veritiv Operating Trade Payables $5,768,488
Attn.: Randy Breaux, President
1605 Alton Road
Birmingham, Alabama 35210
United States
Phone: (205) 956-1122
Email: randy_breaux@genpt.com
23. Smurfit Kappa Trade Payables $5,475,533
Attn.: Laurent Sellier, CEO
900 S Pine Island Road, Suite 600
Plantation, Florida 33324
United States
Phone: (954) 514-2600
Email: laurent.sellier@smurfitkappa.com
24. Shin Yuh Cherng Trade Payables $5,292,313
Industrial Co., Ltd.
Attn.: Mandy
No.13, Gongye 5th Road
Annan Dist.
Tainan City, 70955
Taiwan
Phone: +886 6-3845858
Email: mandy@sycind.com
25. Rebuilders Auto Supply Trade Payables $5,021,875
Attn.: Jesse Whiteside, CEO
1650 Flat River Road
Coventry, Rhode Island 02816
United States
Phone: (401) 822-3030
Email: jwhiteside@coresupply.com
26. Resortes Y Productos Metalicos Trade Payables $4,953,070
Attn,: Cory Harrison,
Operations Manager
21200 Telegrpaph Road
Southfield, Michigan 48033
United States
Phone: (248) 799-5400
Email: cory.harrison@pspring.com
27. Evolution Credit Partners Factoring Undetermined
Attn.: Krum Dukin, Managing Director Agreements
28 State Street, 28th Floor
Boston, Massachusetts 02109
United States
Phone: (617) 410-4805
Email: kdukin@evolutioncreditpartners.com
28. Katsumi Global, LLC Factoring Undetermined
Attn.: Tim King, CEO Agreements
6177 Lake Waldon Drive
Clarkston, Michigan 48346
United States
Phone: (415) 706-8184
Email: tking@jamitsuicapital.com
29. Leucadia Asset Management - Factoring Undetermined
Trade Finance Agreements
Group Jefferies
Attn.: John Nesci, Senior VP
520 Madison Avenue
New York, New York 10022
United States
Phone: (212) 284-1786
Email: jnesci@jefferies.com
30. Raistone Factoring Undetermined
Attn.: Juan Segundo, Sales Director Agreements/
360 Madison Avenue, 22nd Floor Supply Chain
New York, New York 10017 Finance
United States
Phone: (862) 217-6927
Email: jsegundo@raistone.com
FIRST BRANDS: Debtwire's Bringardner Sees Free Fall, Expensive Case
-------------------------------------------------------------------
John Bringardner, a top bankruptcy expert and head of restructuring
and insolvency data powerhouse, Debtwire, is calling First Brands'
bankruptcy a "free fall," with distress investors likely to "make a
killing" from the $2 billion of factoring agreements.
First Brands and 98 affiliated entities filed for Chapter 11
protection late Sunday night. For Bringardner, the factoring
agreements -- where the company sells its invoices to third parties
for immediate cash -- should impact the company's path forward in
bankruptcy proceedings. The fate of the company's factoring
agreements hinges on a classic bankruptcy law conundrum: are these
deals "true sales" of receivables (transferring ownership to
third-party factors) or "disguised loans" (retaining the
receivables as company assets)? As Bringardner highlights to
Troubled Company Reporter, this distinction could determine whether
creditors can access those funds or if they're off-limits,
potentially pushing the case toward liquidation rather than
reorganization.
Bringardner recalls that First Brands in August attempted to issue
$6 billion in new debt, "presenting the market with a financial
picture that was -- they quickly learned -- too good to be true."
Bringardner says the refinancing failed after investors demanded
the company conduct a quality of earnings report and an expanded
second lien facility attracted limited demand. The news that Apollo
had purchased collateral default swaps (CDS) on First Brands, or
insurance against default, triggered a stampede for the exits as
debt holders -- the equivalent of a bank run -- including many
large Collateralized Loan Obligations (CLOs) sold off their
holdings.
The company's CEO has been accused of kind of shady accounting in
the past. "That should have been a red flag for a lot of people.
It's looking much like those same accusations apply now, so in
hindsight everyone's looking back asking how it could have gotten
to this point," according to Bringardner.
Bringardner also notes that if First Brands is worth its valuation,
the hedge funds that have come in to buy a claim from a CLO will
see a huge upside. "If the company is worth close to what it said
it was worth after all of this chaos, the hedge funds that have
come in to buy a claim from a CLO will see a huge upside and make a
killing. But, it's also possible that the fraud runs very deep and
it's going to drain the recoveries."
"And much like FTX -- another so-called 'freefall' bankruptcy filed
in the wake of allegations of fraudulent transfers -- the First
Brands case is likely to be extremely expensive," according to
Bringardner. "Creditors should be very worried. It will take weeks
or months to determine what's going on, and hundreds of millions of
dollars in professional fees, and creditors will pursue
investigations to uncover any indication of fraud, racking up
significant legal bills that will ultimately be paid for by the
estate."
"This is definitely a red flag for private debt markets. This kind
of uncertainty exposes their opaque nature. It's certainly going to
cause everyone to take a closer look at some of the types of
businesses that they back. Certainly tariffs impact a company like
this too and I wouldn't be surprised if a lot of lenders and
potential lenders who are looking at getting into the new debt in
August had that top of mind, wondering how tariffs were impacting a
business like this, and might have been what prompted them to take
a closer look.
"The bottom line is this will be a messy, expensive bankruptcy with
a lot of players involved second guessing choices they've made in
the past few months on this name."
About First Brands
Rochester Hills, Mich.-based First Brands Group, LLC is a global
supplier of aftermarket automotive parts.
On September 24, 2025, the Company's non-operational special
purpose entities, Global Assets LLC, Global Lease Assets Holdings,
LLC, Carnaby Capital Holdings, LLC, Broad Street Financial
Holdings, LLC, Broad Street Financial, LLC, Carnaby Inventory II,
LLC, Carnaby Inventory Holdings II, LLC, Carnaby Inventory III,
LLC, Carnaby Inventory Holdings III, LLC, Patterson Inventory, LLC,
Patterson Inventory Holdings, LLC, Starlight Inventory I, LLC and
Starlight Inventory Holdings I, LLC each filed a voluntary petition
for relief under Chapter 11 of the U.S. Bankruptcy Code in the U.S.
Bankruptcy Court for the Southern District of Texas.
Commencing on September 28, 2025, First Brands Group, LLC and 98
affiliated debtors each filed a voluntary petition for relief under
Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court
for the Southern District of Texas. In its petition, First Brands
Group LLC listed $1 billion to $10 billion in estimated assets and
$10 billion to $50 billion in estimated liabilities. The cases are
pending before the Hon. Christopher M. Lopez, and are jointly
administered under Case No. 25-90399, and consolidated for
procedural purposes only.
Weil, Gotshal and Manges LLP is serving as legal counsel, Lazard is
serving as investment banker, Alvarez & Marsal is serving as
financial advisor, and C Street Advisory Group is serving as
strategic communications advisor to First Brands Group. Kroll
serves as the Debtors' Claims Agent.
Gibson, Dunn & Crutcher LLP is serving as legal counsel, and
Evercore is serving as investment banker to the Ad Hoc Group.
FIRST BRANDS: Enters Chapter 11 With $1.1B DIP Financing
--------------------------------------------------------
First Brands Group, LLC, a global supplier of aftermarket
automotive parts, announced that the Company and certain of its
affiliates have filed voluntary petitions for Chapter 11 relief in
the United States Bankruptcy Court for the Southern District of
Texas to stabilize its business operations and facilitate a
value-maximizing transaction.
To support business continuity, an Ad Hoc Group of cross-holders
has agreed to provide First Brands with $1.1 billion in
debtor-in-possession financing that will be fully backstopped by
certain members of the Ad Hoc Group. This financing will provide
the necessary capital for the Company to maintain operations,
fulfill customer orders, and meet its commitments to its vendors
and partners from the start of the chapter 11 cases.
"Today's actions mark an important step toward stabilizing First
Brands' operations and securing a long-term future for the
Company's world-class portfolio of aftermarket automotive part
brands," said Chuck Moore, Chief Restructuring Officer of First
Brands. "With committed funding from our key financial partners, we
remain focused on supporting our employees, working with our valued
suppliers, and delivering best-in-class aftermarket automotive
technology for our customers globally. We are confident in the
strength of First Brands' industry-leading portfolio and the
essential role we play in the automotive supply chain."
Global operations during the financial restructuring process:
First Brands' global operations are expected to continue without
interruption during the chapter 11 cases, with full continuity for
the Company's international customers, partners, and employees.
Importantly, the Company's international operations are not part of
the court-supervised financial restructuring process.
Additionally, to ensure a seamless transition into the chapter 11
process, First Brands has filed a number of customary "First Day
Motions." Upon court approval, these motions will enable the
Company to, among other things, continue payment of employee wages
and benefits, honor commitments to customers, and satisfy
post-petition obligations to vendors and partners.
These filings follow the voluntary chapter 11 petitions filed by
certain of the Company's non-operational special purpose entities
on September 24, 2025. First Brands is seeking relief to jointly
administer these chapter 11 cases.
Additional information regarding First Brands' chapter 11 process
is available at https://restructuring.ra.kroll.com/firstbrands.
Stakeholders with questions may call the Company's Claims Agent,
Kroll, at (877) 631-1151 or (646) 290-7146 if calling from outside
the U.S. or Canada, or email firstbrandsinfo@ra.kroll.com.
Advisors
Weil, Gotshal and Manges LLP is serving as legal counsel, Lazard is
serving as investment banker, Alvarez & Marsal is serving as
financial advisor, and C Street Advisory Group is serving as
strategic communications advisor to First Brands Group. Gibson,
Dunn & Crutcher LLP is serving as legal counsel, and Evercore is
serving as investment banker to the Ad Hoc Group.
About First Brands
Rochester Hills, Mich.-based First Brands Group, LLC is a global
supplier of aftermarket automotive parts.
On September 24, 2025, the Company's non-operational special
purpose entities, Global Assets LLC, Global Lease Assets Holdings,
LLC, Carnaby Capital Holdings, LLC, Broad Street Financial
Holdings, LLC, Broad Street Financial, LLC, Carnaby Inventory II,
LLC, Carnaby Inventory Holdings II, LLC, Carnaby Inventory III,
LLC, Carnaby Inventory Holdings III, LLC, Patterson Inventory, LLC,
Patterson Inventory Holdings, LLC, Starlight Inventory I, LLC and
Starlight Inventory Holdings I, LLC each filed a voluntary petition
for relief under Chapter 11 of the U.S. Bankruptcy Code in the U.S.
Bankruptcy Court for the Southern District of Texas.
Commencing on September 28, 2025, First Brands Group, LLC and 98
affiliated debtors each filed a voluntary petition for relief under
Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court
for the Southern District of Texas. In its petition, First Brands
Group LLC listed $1 billion to $10 billion in estimated assets and
$10 billion to $50 billion in estimated liabilities. The cases are
pending before the Hon. Christopher M. Lopez, and are jointly
administered under Case No. 25-90399, and consolidated for
procedural purposes only.
Weil, Gotshal and Manges LLP is serving as legal counsel, Lazard is
serving as investment banker, Alvarez & Marsal is serving as
financial advisor, and C Street Advisory Group is serving as
strategic communications advisor to First Brands Group. Kroll
serves as the Debtors' Claims Agent.
Gibson, Dunn & Crutcher LLP is serving as legal counsel, and
Evercore is serving as investment banker to the Ad Hoc Group.
FIRST BRANDS: Fitch Lowers LongTerm IDR to 'B', On Watch Negative
-----------------------------------------------------------------
Fitch Ratings has downgraded First Brands Group, LLC's (FBG)
Long-Term Issuer Default Rating (IDR) to 'B' from 'B+'. Fitch has
also downgraded FBG's existing and proposed asset-based lending
(ABL) revolvers and first lien term loans to 'BB' with a Recovery
Rating of 'RR1' from 'BB+'/'RR1', existing second lien term loan to
'B+'/'RR3' from 'BB-'/'RR3' and proposed second lien term loan to
'B'/'RR4' from 'B+'/'RR4'.
Fitch has placed FBG's IDR and issued debt ratings on Ratings Watch
Negative (RWN).
The downgrade and RWN reflect heightened refinancing risk following
the pause in FBG's refinancing transaction after investor requests
for a quality of earnings (QoE) report. Additionally, a recent drop
in the pricing of FBG's debt increases event risk, including a
possible debt exchange. Further evidence of refinancing
complications or a debt exchange could lead to a further downgrade,
potentially by more than one notch.
Key Rating Drivers
Increased Refinancing Risk: In July 2025, FBG launched a
transaction to refinance all its debt, with a goal of completing
the refinancing well ahead of its first lien debt going current in
March 2026. The refinancing included an upsized ABL revolver, a
floating- and fixed-rate first lien USD term loans, a floating-rate
first lien EUR term loan and a significantly upsized second lien
term loan. The company subsequently paused the refinancing
following an investor request for a QoE report from a top
accounting firm. Recent reports suggest the QoE will be ready
around mid-October.
In addition to the pause in the refinancing transaction, Fitch
believes the company could pursue other avenues to address its
maturities beyond the proposed refinancing. The recent steep drop
in the trading price of the company's debt also increases event
risk, including a possible debt exchange. Any potential debt
exchange imposing a material reduction in the original terms would
be considered a distressed debt exchange (DDE) under Fitch's
Corporate Rating Criteria. The growing refinancing risks may also
increase Fitch's focus on FBG's governance structure.
Strong Business Profile: FBG maintains a strong, diversified
portfolio of market-leading aftermarket brands across multiple
categories. It leads market share in North America in the
aftermarket brakes, filters, fuel pumps, gas springs and wipers
categories. Key brands include Centric, Raybestos and StopTech in
brakes; FRAM and CHAMP in filters; Carter and Airtex-ASC in fuel
and water pumps; STRONGARM in gas springs; AUTOLITE in spark plugs;
Horizon in towing equipment; and Trico, ANCO and Michelin in
wipers.
High-4x Leverage: Fitch expects FBG's leverage will be affected by
its acquisition activities. FBG typically borrows in advance to
maintain sufficient balance sheet cash to fund future acquisitions,
resulting in excess debt and cash while seeking acquisition
opportunities. Fitch expects FBG's gross EBITDA leverage over the
intermediate term to generally run in the mid- to upper-4x range,
and occasionally topping 5.0x, in line with the past several years.
However, leverage could decline below 3.5x if FBG chooses to pause
debt-funded acquisition activities and focus on debt repayment
instead. Actual EBITDA leverage at YE 2025 was 5.1x.
Positive FCF Expected: FBG's free cash flow (FCF) margins are
expected to remain solid, ranging from low- to mid-single-digits
over the next several years. Historically, FCF margins have varied
significantly over the past several years, from slightly negative
to positive mid-teens. As an aftermarket supplier, inventory
stocking and de-stocking can have a significant effect on FBG's
working capital, which has been a key driver of FCF variability.
FBG has relatively low capex needs, and Fitch expects capex to run
at about 3.0% of revenue for the next several years, in line with
recent historical levels. FCF will be supported over the longer
term by the company's cost savings initiatives.
Peer Analysis
FBG primarily focuses on non-discretionary, branded automotive
aftermarket parts and components, although it does have some Tier 1
automotive exposure. Compared with other rated suppliers with
significant exposure to the automotive aftermarket, such as Robert
Bosch GmbH (A/Stable), The Goodyear Tire & Rubber Company
(BB-/Negative), Tenneco LLC (B/Positive), and Clarios International
Inc. (B/Stable), FBG is smaller, with sales that are less
geographically diversified, as the majority of FBG's revenue is
derived in North America.
Compared with other Fitch-rated auto suppliers, FBG's products
generally contain lower levels of technology content, with key
products, such as brakes, wiper blades, gas springs, fuel and water
pumps, spark plugs, automotive filters, and trailer and towing
equipment. These are more mature than those of higher-tech rated
issuers such as BorgWarner Inc. (BBB+/Stable) or Aptiv PLC
(BBB/Rating Watch Negative).
FBG's EBITDA leverage is lower, and its EBITDA margins stronger,
compared with Tenneco and Clarios. FBG's strong EBITDA margins are
expected to be nearly double those of many investment-grade auto
suppliers, like BorgWarner, Aptiv and Lear Corporation
(BBB/Stable), as FBG benefits from restructuring activities and
acquisition synergies over the intermediate term. Fitch expects
FBG's FCF margins to be stronger than Aptiv's and Clarios' over
time as cash restructuring expenses decline. However, FBG's
interest coverage is more commensurate with auto suppliers in the
'B' category, as nearly all the company's debt is subject to
floating interest rates.
Key Assumptions
- Organic revenue growth runs at about 3.0% annually;
- The company continues to make debt-funded acquisitions from
time-to-time, resulting in total revenue growth exceeding organic
growth;
- EBITDA margins strengthen over the next few years as the company
achieves cost efficiencies from acquisition synergies, as well as
other cost savings actions;
- FCF margins run in the low- to mid-single-digit range over the
next few years;
- Capex as a percentage of revenue averages about 3.0% for the next
several years;
- Excess cash is primarily directed toward acquisitions;
- Market interest rates: SOFR runs from 4.3% in the near term to an
average of about 3.2% in outer years, while EURIBOR runs from 1.9%
in the near term to 2.3% several years out.
Recovery Analysis
The recovery analysis assumes that FBG would be reorganized as a
going-concern in bankruptcy rather than liquidated. Fitch has
assumed a 10% administrative claim.
Going-Concern (GC) Approach
FBG's recovery analysis estimates a GC EBITDA of about $1.4 billion
reflecting a sustainable post-reorganization EBITDA level following
a hypothetical default. A default could be driven by the loss of
significant customers or an acquisition misstep. The GC EBITDA
considers FBG's strong position in many aftermarket categories, its
relationships with a wide range of parts retailers and the
less-cyclical nature of its products. It also incorporates EBITDA
from recent acquisitions. The GC EBITDA is lower than Fitch's
forecasted EBITDA and assumes the business would shed some
lower-margin products during a reorganization process.
Fitch utilizes a 5.5x enterprise value (EV) multiple based on FBG's
strong market position. According to Fitch's "Automotive Bankruptcy
Enterprise Values and Creditor Recoveries" report published in
April 2025, 52% of auto-related defaulters had exit multiples above
5.0x, with 28% in the 5.0x to 7.0x range. The median observed
across 25 bankruptcies was 5.1x, with 86% as a GC.
The recovery analyses for the current and proposed capital
structures assume that off-balance-sheet factoring is replaced with
a super-senior facility that has the highest priority in the
distribution of value. For the existing capital structure, Fitch
assumes a 100% draw on the company's $250 million secured ABL,
which receives second priority in the distribution after the
factoring, resulting in a Recovery Rating of 'RR1'. The first lien
term loan receives priority below the ABL, but there is sufficient
remaining value to also result in a Recovery Rating of 'RR1'. The
second lien term loan receives priority below the first lien,
resulting in a Recovery Rating of 'RR3'.
In the proposed capital structure, Fitch assumes a 90% draw on the
proposed $500 million secured ABL, which receives second priority
after the factoring, resulting in a Recovery Rating of 'RR1'. The
first lien term loan receives priority below the ABL, but there is
still sufficient remaining value to also result in a Recovery
Rating of 'RR1'. The second lien term loan receives priority below
the first lien, resulting in a Recovery Rating of 'RR4'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade:
- Evidence that the company is likely considering a restructuring
or DDE transaction;
- A merger or acquisition that results in higher leverage or lower
margins for a sustained period;
- Debt-funded shareholder returns;
- EBITDA leverage sustained above 5.5x;
- EBITDA interest coverage approaching 1.5x;
- FCF margins sustained at the breakeven level or below.
Factors that Could, Individually or Collectively, Lead to the
Removal of the RWN and an Outlook Revision:
- A successful refinancing of the company debt and avoidance of a
distressed debt exchange according to Fitch's Corporate Rating
Criteria.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade:
- EBITDA leverage sustained below 4.5x;
- EBITDA interest coverage sustained above 2.5x;
- FCF margins sustained above 1.0%.
Liquidity and Debt Structure
FBG had $809 million of unrestricted cash as of June 28, 2025. FBG
maintains further liquidity through its $250 million ABL revolver
that matures in 2028. FBG had $124 million of available capacity on
the ABL at June 28, 2025, after accounting for $97 million of
outstanding letters of credit (LOCs). The borrowing base reduced
the amount available on the ABL revolver by $29 million at June 28,
2025.
FBG's on-balance sheet debt structure at June 28, 2025, consisted
of $4.9 billion of first lien term loan borrowings, $540 million of
second lien term loan borrowings and $447 million of other debt.
Fitch also includes off-balance sheet factoring and a portion of
FBG's outstanding supply-chain financing in its debt and leverage
calculations.
FBG's off-balance-sheet factoring includes supply chain programs
with some customers. If the financial institutions involved in
these programs curtail participation, FBG might need to borrow from
its ABL. However, FBG could mitigate a portion of the impact by
exercising its right to shorten the payment terms with these
customers.
Issuer Profile
FBG is a manufacturer of non-discretionary, branded automotive
aftermarket parts and components. The company has a leading market
position in the top three categories sold at North American auto
parts retailers. Key brands include FRAM, Trico, Centric and
Raybestos.
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
First Brands Group, LLC has an ESG Relevance Score of '4' for
Governance Structure due to its control by a single individual,
which has a negative impact on the credit profile, and is relevant
to the rating[s] in conjunction with other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
First Brands
Group, LLC LT IDR B Downgrade B+
senior secured LT BB Downgrade RR1 BB+
senior secured LT BB Downgrade RR1 BB+
Senior Secured
2nd Lien LT B+ Downgrade RR3 BB-
Senior Secured
2nd Lien LT B Downgrade RR4 B+
FIRST BRANDS: S&P Downgrades ICR to 'CC' on Expected Default
------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on automotive
parts manufacturer First Brands Group LLC to 'CC' from 'CCC+' and
removed all its ratings from CreditWatch, where it placed them with
negative implications on Sept. 22, 2025.
S&P said, "At the same time, we lowered our issue-level rating on
the company's senior secured first-lien debt to 'CC' from 'CCC+'
and our issue-level rating on its senior secured second-lien debt
to 'C' from 'CCC-'. Our '3' recovery rating on the first-lien debt
and '6' recovery rating on the second-lien debt are unchanged.
The negative outlook reflects that we will lower our ratings on
First Brands to 'D' or 'SD' (selective default) upon its
declaration of bankruptcy or completion of a distressed
restructuring."
S&P Global Ratings believes First Brands will be unable to address
its upcoming debt maturities and could likely experience a
liquidity shortfall. Therefore, S&P now expects the company will
most likely default or undertake a distressed restructuring to
address its debt maturities.
S&P said, "We now view a default or distressed restructuring as a
virtual certainty. We believe it is unlikely First Brands will be
able to address its significant upcoming maturities due 2027, given
the risks related to its receivables factoring and supplier finance
programs, its unsuccessful refinancing attempt in July 2025, and
the distressed trading levels of its debt. Given the recent
bankruptcy declaration of Carnaby, a financing company linked to
First Brands, this could further heighten the company's liquidity
risk. Despite its available liquidity ($929 million in liquidity as
of the end of the second quarter of 2025, including $805 million of
cash), we believe the company's receivables factoring and supplier
finance programs could likely materially unwind, which could
quickly lead to significant cash burn and a liquidity shortfall.
"Given these pressures, we believe First Brands will likely declare
bankruptcy or undertake a distressed restructuring to secure
additional liquidity and reduce its debt burden.
"The negative outlook indicates that we will lower our ratings on
First Brands to 'D' or 'SD' if it declares bankruptcy or completes
a restructuring that we consider distressed and tantamount to a
default."
FIRST BRANDS: Seeks Chapter 11 Bankruptcy Along with Affiliates
---------------------------------------------------------------
Irene García Perez, Harry Suhartono, and Libby Cherry of Bloomberg
Law reports that First Brands Group Holdings has entered Chapter 11
bankruptcy protection following weeks of uncertainty tied to
creditor concerns over its off-balance sheet financing practices.
The automotive supplier reported liabilities between $10 billion
and $50 billion, with assets estimated at $1 billion to $10
billion, according to the report. The filing signals a significant
restructuring effort aimed at addressing its heavy debt load and
restoring financial stability.
As part of the process, a group of creditors has agreed to provide
$1.1 billion in debtor-in-possession (DIP) financing to support
ongoing operations. This funding became essential after lenders
declined to extend additional credit outside of bankruptcy
protection, leaving the company short on cash. First Brands, which
owns well-known aftermarket parts brands such as Anco, Trico, and
Fram, faced increasing strain as liquidity tightened, the report
states.
The DIP financing will allow First Brands to maintain operations
and serve customers while navigating Chapter 11. Management noted
that the company's global business is expected to continue without
interruption, with international operations excluded from the U.S.
court-supervised restructuring process. The company stressed that
the financing provides the resources needed to sustain day-to-day
operations during the reorganization, the report relays.
About First Brands Group LLC
First Brands Group, LLC, headquartered in Cleveland, OH, is a
leading manufacturer and distributor of primarily aftermarket
component parts for the automotive and other industrial equipment
markets. The company's products include wipers, air and oil
filters, water and fuel pumps, brake drums and rotors, spark plugs
and gas springs.
First Brands Group LLC and affiliates sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90399)
on September 29, 2025. In its petition, the Debtor reports
liabilities between $10 billion and $50 billion, with assets
estimated at $1 billion to $10 billion.
Weil, Gotshal & Manges LLP is guiding First Brands Group as legal
counsel, alongside Lazard as investment banker, Alvarez & Marsal as
financial advisor, and C Street Advisory Group for communications
strategy. The Ad Hoc Group has tapped Gibson, Dunn & Crutcher LLP
for legal representation and Evercore for investment banking
services.
FIVE POINT: Fitch Assigns 'B' LongTerm IDR, Outlook Stable
----------------------------------------------------------
Fitch Ratings has assigned first-time Long-Term Issuer Default
Ratings (IDRs) of 'B' to Five Point Holdings, LLC (Five Point
Holdings) and Five Point Operating Company, LP (Five Point or the
company). The Rating Outlook is Stable.
Fitch has also assigned a 'BB-' rating with a Recovery Rating of
'RR2' to Five Point Operating Company, LP's unsecured revolving
credit facility, its existing senior unsecured notes, and its new
offering of $450 million senior unsecured notes due 2030. Proceeds
from the new notes issuance, plus cash on hand, will be used to
redeem its existing senior unsecured notes due 2025 and 2028.
The 'B' IDR reflects Five Point's highly attractive assets,
tempered by meaningful geographic and asset concentration risks.
The ratings also incorporate the company's modest leverage and good
financial flexibility, which support its volatile cash flow
profile, and the Stable Outlook reflects Fitch's expectations that
financial flexibility will remain adequate despite a weak demand
environment.
Key Rating Drivers
Geographic and Asset Concentration: Five Point's land assets,
including interests in unconsolidated joint ventures, are located
in three mixed-use planned communities in Northern and Southern
California, which exposes the company to an outsized impact during
local housing market downturns, the occurrence of natural disasters
or changes in regulatory requirements. A great majority of its land
in Valencia is currently unentitled and undeveloped, while its land
in San Francisco in undeveloped.
Key Assets in Attractive Markets: Five Point owns strategic asset
positions in Coastal California, which benefits from a large
population and good economic growth. The company is one of the
largest owners and developers of mixed-use planned communities in
Coastal California, which Fitch views as a key advantage. The
company's geographic concentration is somewhat mitigated by land
constraints in these coastal markets that are driven by limited
availability of land as well as continued housing demand from a
large population.
Good Financial Flexibility: Five Point has good financial
flexibility to address its volatile cash flow. The company had
$456.6 million of unrestricted cash and no borrowings under its
$125 million unsecured revolving credit facility as of June 30,
2025. Fitch expects the company to use cash on hand and
distributions from Great Park to fund development activities during
the next few years, while higher land sales in Valencia in 2028 and
beyond should support development activities for future phases in
that community.
Volatile Cash Flow: The timing of land sales in Five Point's fully
owned communities is uneven, and the company expends meaningful
cash to develop the lots before they can be monetized. A meaningful
portion of Five Point's EBITDA and cash flow is derived from
earnings distributions of its 37.5% ownership in Heritage Fields,
LLC (owner of Great Park). Fitch expects the company to generate
flat to slightly positive FCF in 2025 and generate negative $75
million to $125 million of FCF in 2026.
Weak Demand Environment: Fitch anticipates that the housing market
will remain constrained during the rest of 2025 due to low
affordability and a weak economic backdrop. High mortgage rates and
elevated home prices will continue to challenge affordability.
Fitch expects consolidated revenue to decline 55%-60% in 2025 due
to limited land sales in the Valencia community, then improve
25%-35% in 2026 as homesite sales there resume. Fitch's rating case
forecast assumes distributions of Five Point's equity in earnings
from Great Park to make up the bulk of its EBITDA in 2025 and
contribute $75 million to $100 million to EBITDA in 2026.
Modest Leverage: Five Point's net debt to capitalization ratio
(excluding non-controlling equity interest and $50 million of cash
classified by Fitch as not readily available for working capital)
was 13% as of June 30, 2025 versus 16.1% as of Dec. 31, 2024. Fitch
expects this ratio to be 10%-15% at the end of 2025 and increase
modestly to 14%-19% at year-end 2026. EBITDA leverage was 2.7x for
the LTM ending June 30, 2025 and Fitch expects this ratio will be
between 2.0x and 2.5x in 2025. Fitch also expects EBITDA leverage
will increase to between 4x and 5x at the end of 2026 due to lower
consolidated revenues and lower earnings distributions from its
Great Park venture.
Ownership Structure: Five Point Holdings is a public company, but
Lennar Corporation (BBB+/Positive) owns class A and B shares
representing about 39% voting interest, while GFFP Holdings, LLC
own a 17% interest. Both entities have ownership interests in Five
Point's Candlestick/San Francisco Shipyard property. The company is
governed by a largely independent board of directors, and
distributions to the shareholders have been minimal — primarily
for taxes.
Parent and Subsidiary Linkage: Fitch considers Five Point to have a
stronger credit profile than its parent Five Point Holdings due to
Five Point's unrestricted access to operating cash flows. Five
Point Holdings, the issuer of the financial statements, has no
operations, qualified access to cash flows and no debt. By
following the Stronger Subsidiary path, Fitch categorizes legal
ring-fencing and access and control as porous. Fitch assesses Five
Point's standalone and consolidated credit profiles at a 'b' rating
level. Therefore, no upward notching applies to Five Point and both
Five Point and Five Point Holdings are rated 'b'.
Peer Analysis
Five Point does not have direct peers in Fitch's rating universe.
Compared to U.S. homebuilders covered by Fitch, Five Point is
significantly smaller and meaningfully less geographically
diversified than 'B' rated homebuilder issuers. Five Point's EBITDA
leverage is currently comparable to that of STL Holding Company,
LLC (d/b/a DSLD Homes; B+/Stable) and better than Adams Homes, Inc.
(Adams Homes; B+/Stable). The company's net debt to capitalization
is significantly lower than DSLD Homes and Adams Homes. Five
Point's revenues and cash flows tend to be more volatile than both
DSLD Homes and Adams Homes.
Key Assumptions
- Revenues fall 55%-60% in 2025 and improve 25%-35% in 2026 as
homesite sales resume in Valencia;
- FCF of $15 million to $25 million in 2025 and negative $75
million to $125 million in 2026 due to higher development
expenses;
- Net debt to capitalization of 10%-15% at the end of 2025 and
14%-19% in 2026;
- EBITDA interest coverage of 3.5x-4x in 2025 and 2.5x-3.0x in
2026.
Recovery Analysis
Key Recovery Assumptions
Five Point's business profile could yield a distressed enterprise
value of approximately $735 million on the liquidation value of its
inventory and PP&E (before administrative claims). The $735 million
in resulting liquidation value exceeds Fitch's assessment of Five
Point's $450 million valuation as a going concern, given the long
land position and uneven EBITDA and cash flow generation. Fitch
assumed a 10% administrative claim.
The liquidation estimate reflects Fitch's view of the value of
balance sheet assets that can be realized in sale or liquidation
processes conducted during a bankruptcy or insolvency proceeding
and distributed to creditors:
- 30% advance rate on inventory to account for impairment charges
in a housing downturn. This is lower than the 50% advance rate
Fitch typically uses for homebuilder inventory as a significant
portion of the company's consolidated land assets are unentitled
and undeveloped and are concentrated in three communities;
- 50% advance rate on PP&E.
Fitch assumed that the company's $125 million unsecured revolving
credit facility is 100% drawn during a distress scenario as the
asset coverage is meaningful.
Outcome
The allocation of the value in the liability waterfall results in a
recovery corresponding to an 'RR1' for the senior unsecured
revolving credit facility and the senior unsecured notes. However,
for issuers with an IDR of 'B' or lower, unsecured debt instruments
are capped at 'RR2'/+2, resulting in a 'BB-' rating with a Recovery
Rating of 'RR2' for the unsecured revolver and senior unsecured
note.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Deterioration in the company's liquidity profile, including
consistently negative CFO and cash and revolver availability below
$100 million;
- EBITDA interest coverage sustains at or below 2x;
- Net debt to capitalization consistently above 50%;
- EBITDA leverage sustained above 4.5x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- The company shows consistent revenue and cash flow generation;
- Net debt to capitalization sustains below 40%;
- EBITDA leverage consistently below 4.0x;
- (CFO-capex)/debt sustains above 3.5%;
- EBITDA interest coverage consistently above 3.0x.
Liquidity and Debt Structure
Five Point has a good liquidity position with $456.6 million of
unrestricted cash and no borrowings under its $125 million
unsecured revolving credit facility. The company has no major debt
maturities until 2028, when its $523.5 million senior unsecured
notes come due. The new notes issuance to repay the existing senior
notes further extends the company's debt maturity profile.
Issuer Profile
Five Point Holdings, LLC is an owner and developer of mixed-use
planned communities in Coastal California.
Date of Relevant Committee
15-Sep-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
----------- ------ --------
Five Point Operating
Company, LP LT IDR B New Rating
senior unsecured LT BB- New Rating RR2
Five Point Holdings,
LLC LT IDR B New Rating
FOREST GLEN: Hires Weinberg Zareh Malkin Price LLP as Counsel
-------------------------------------------------------------
Forest Glen Realty, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to employ Weinberg Zareh
Malkin Price LLP as counsel.
The firm's services include:
(a) providing the Debtor with advice and preparing all
necessary documents regarding debt restructuring, bankruptcy and
asset disposition;
(b) taking all necessary actions to protect and preserve the
Debtor's estate during the pendency of the Chapter 11 case,
including the prosecution of actions by the Debtor, the defense of
actions commenced against the Debtor, negotiations concerning
litigation in which the Debtor is involved and objecting to claims
filed against the estate;
(c) preparing on behalf of the Debtor, as debtor in
possession, all necessary motions, applications, answers, orders,
reports and papers in connection with the administration of the
Chapter 11 case;
(d) counseling the Debtor with regard to its rights and
obligations as a debtor in possession;
(e) appearing in Court to protect the interests of the Debtor
before the Court; and
(f) performing all other legal services for the Debtor which
may be necessary and proper in this proceeding.
The firm will be paid at these rates:
Partners/Of Counsel $710 to $480
Of Counsel $450 to $550
Associate $365 to $450
Paralegals $175 to $200
The firm received a retainer in the amount of $100,000 from a
third-party, Prasad Venigalla, an investor in the Debtor.
In a court filing, Weinberg disclosed that it is a "disinterested
person" as defined in section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Adrienne Woods, Esq.
WEINBERG ZAREH MALKIN PRICE LLP
45 Rockefeller Plaza, 20th Floor
New York, NY 10111
Phone: (212) 899-5470
Email: awoods@wzmplaw.com
About Forest Glen Realty
Forest Glen Realty LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-70716) on Feb.
26, 2024. In the petition signed by Mohan Jolly, president, the
Debtor disclosed with up to $10 million in both assets and
liabilities.
Judge Louis A. Scarcella oversees the case.
Certilman Balin Adler & Hyman, LLP serves as the Debtor's counsel.
FOREST GLEN: Seeks to Hire Esagoff Law Group as Litigation Counsel
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Forest Glen Realty, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to employ Esagoff Law
Group, P.C. as special litigation counsel.
The firm will provide these services:
a. litigation drafting in the adversary proceedings; and
b. court appearances.
The firm's hourly rates are:
Janet Nina Esagoff, Esq. $495
Senior Attorneys $425
Paralegals & Staff $175
The firm is holding a retainer in the amount of $10,000.
As disclosed in the court filings, Esagoff Law Group is a
"disinterested person" as that term is defined in 11 U.S.C. Sec.
327(a) Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Janet Esagoff, Esq.
Esagoff Law Group, P.C.
100 Middle Neck Road
Great Neck, NY
Tel: (516) 304-5944
Fax: (844) 400-777011021
About Forest Glen Realty
Forest Glen Realty LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-70716) on Feb.
26, 2024. In the petition signed by Mohan Jolly, president, the
Debtor disclosed with up to $10 million in both assets and
liabilities.
Judge Louis A. Scarcella oversees the case.
Certilman Balin Adler & Hyman, LLP serves as the Debtor's counsel.
FREE SPEECH: Hook Families Ask Court OK to Pursue Inforwars' Assets
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Randi Love of Bloomberg Law reports that in a September 26, 2025
filing, the families of Sandy Hook shooting victims asked the U.S.
Bankruptcy Court for the Southern District of Texas to make clear
that they may pursue Infowars' parent company assets.
The request came after Alex Jones sought to persuade courts that
the property is protected by the stay in his personal Chapter 7
bankruptcy, according to the report. The families argued that Free
Speech Systems LLC's assets do not belong to Jones' personal estate
and therefore aren't subject to the litigation pause, the report
states.
About Free Speech Systems
Free Speech Systems LLC is a broadcast media production and
distribution company that provides broadcasting aural programs by
radio to the public. Free Speech Systems is a family-run business
founded by Alex Jones.
FSS is presently engaged in the business of producing and
syndicating Jones' radio and video talk shows and selling products
targeted to Jones' loyal fan base via the Internet. Today, FSS
produces Alex Jones' syndicated news/talk show (The Alex Jones
Show) from Austin, Texas, which airs via the Genesis Communications
Network on over 100 radio stations across the United States and
via the internet through websites including Infowars.com.
Due to the content of Alex Jones' shows, Jones and FSS have faced
an all-out ban of Infowars from mainstream online spaces. Shunning
from financial institutions and banning Jones and FSS from major
tech companies began in 2018.
Conspiracy theorist Alex Jones has been sued by victims' family
members over Jones' lies that the 2012 Sandy Hook Elementary School
shooting was a hoax.
Jones' InfoW LLC and affiliates, IWHealth, LLC and Prison Planet
TV, LLC, filed petitions under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 22-60020) on April
18, 2022.
GENOA PROPERTY: Grammas Buys Office Building Out of Receivership
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Brian Planalp of Cincinnati Business Courier reports that Grammas
Investments, a Greater Cincinnati real estate firm, has purchased a
neglected three-story suburban office building in Montgomery, Ohio,
for $2.75 million. The company plans to rehabilitate and reposition
the property through a series of renovations and upgrades,
according to the report.
The building, located at 10700 Montgomery Road, had fallen into
disuse under its prior ownership. Grammas intends to revitalize the
site with improvements designed to attract tenants and restore the
property's value in the suburban office market, the report states.
The acquisition marks a strategic foothold for Grammas in Greater
Cincinnati's office sector. The property was sold out of
receivership through Athena II Offices LLC and previously belonged
to Genoa Property Group, a Columbus-based real estate company, the
report relays.
About Genoa Property Group
Genoa Property Group, headquartered in Columbus, specializes in
real estate development and investment.
GRANGE PUBLIC: Douglas Flugum Named Subchapter V Trustee
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The Acting U.S. Trustee for Region 12 appointed Douglas Flugum as
Subchapter V trustee for The Grange Public House & Brewery, LLC.
Mr. Flugum will be paid an hourly fee of $275 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Flugum declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Douglas Flugum
P.O. Box 308
Cedar Rapids, IA 52406
Email: dflugum@bugeyeventures.com
About The Grange Public House & Brewery
The Grange Public House & Brewery, LLC filed a petition under
Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. S.D. Iowa
Case No. 25-01625) on September 22, 2025, with $100,001 to $500,000
in assets and $1,000,001 to $10 million in liabilities.
Judge Lee M. Jackwig presides over the case.
Robert C. Gainer, Esq. represents the Debtor as legal counsel.
GREAT CIRCLE: Hires Klestadt Winters as Legal Counsel
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Great Circle Park LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of New York to hire Klestadt Winters
Jureller Southard & Stevens LLP to serve as legal counsel in its
Chapter 11 case.
KWJS&S will provide these services:
(a) advise the Debtor with respect to its rights, powers and
duties as a debtor and debtor-in-possession in the continued
management and operation of its business and assets;
(b) attend meetings, negotiate with representatives of creditors
and other parties in interest, advise and consult on the conduct of
the cases, including all of the legal and administrative
requirements of operating under Chapter 11;
(c) take all necessary action to protect and preserve the assets
of the Debtor's estate, including prosecuting legal actions on
behalf of the Debtor, defending any actions commenced against the
Debtor's estate, engaging in negotiations concerning litigation in
which the Debtor may be involved and objecting to claims filed
against its estate;
(d) prepare on behalf of the Debtor such motions, applications,
answers, orders, reports, and papers necessary to the
administration of its estate;
(e) assist the Debtor in its analysis and negotiations with any
third-party concerning matters related to the realization by
creditors of a recovery on claims and other means of realizing
value;
(f) represent the Debtor at all hearings and other proceedings;
(g) assist the Debtor in its analysis of matters relating to the
legal rights and obligations of the Debtor with respect to various
agreements and applicable laws;
(h) review and analyze all applications, orders, statements, and
schedules filed with the Bankruptcy Court and advise the Debtor as
to their propriety;
(i) assist the Debtor in preparing pleadings and applications as
may be necessary in furtherance of the Debtor's interests and
objectives;
(j) assist and advise the Debtor with regard to its communications
to the general creditor body regarding any proposed Chapter 11 plan
or other significant matters in this Chapter 11 Case;
(k) assist the Debtor with respect to consideration by the
Bankruptcy Court of any plan prepared or filed pursuant to Sections
1121 and 1189-1191 of the Bankruptcy Code and take any necessary
action on behalf of the Debtor to obtain confirmation of such plan;
and
(l) perform such other legal services as may be required and/or
deemed to be in the interests of the Debtor in accordance with its
powers and duties as set forth in the Bankruptcy Code.
The firm will receive hourly rates of $750 to $995 for partners,
$595 for associates, and $275 for paralegals.
KWJS&S 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:
Tracy L. Klestadt, Esq.
Christopher Reilly, Esq.
KLESTADT WINTERS JURELLER SOUTHARD & STEVENS LLP
200 West 41st Street, 17th Floor
New York, NY 10036
Telephone: (212) 972-3000
Facsimile: (212) 972-2245
About Great Circle Park LLC
Great Circle Park LLC owns and operates a single real estate
property as its primary business activity, in line with its
classification as a single-asset real estate company under U.S.
law, and is engaged in property holding and management within the
United States.
Great Circle Park LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11767) on August 12,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Martin Glenn handles the case.
The Debtor is represented by Tracy L. Klestadt, Esq. at KLESTADT
WINTERS JURELLER SOUTHARD & STEVENS, LLP.
GREYSTONE SELECT: Fitch Affirms 'BB-' LongTerm IDR, Outlook Stable
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Fitch Ratings has affirmed Greystone Select Financial LLC's
(Greystone) Long-Term Issuer Default Rating (IDR) at 'BB-' and
senior secured term loan at 'BB'. The Rating Outlook is Stable.
Key Rating Drivers
Solid Franchise: The ratings affirmation reflects its solid
franchise in the commercial real estate (CRE) origination and
servicing market; experienced senior management team; historically
strong asset quality performance; solid earnings generation;
limited valuation risk associated with mortgage servicing rights
(MSRs) given the presence of various prepayment protections; and
solid liquidity profile. Fitch believes the company's extensive
understanding of multifamily and skilled nursing facility assets is
further complemented by broader capabilities at the Greystone group
related to property development and management, special servicing
and fund management.
Offsetting Risk Factors: Rating constraints include the firm's
narrow business model, which is reliant on multifamily CRE
origination volumes; a predominantly secured funding profile with
relatively limited duration; and a weaker corporate governance
structure given the private ownership by the Rosenberg family and
key person risk associated with founder and CEO Stephen Rosenberg.
Experienced Management Team: Greystone's management team has strong
industry experience, but Fitch believes a moderate degree of key
person risk is present with Stephen Rosenberg. The concentration of
control with the Rosenberg family demonstrates a weaker-than-peer
corporate governance structure and represents a rating constraint.
Limited Asset Quality Risk: Greystone is not subject to material
asset quality risks as nearly all originated loans are government
or agency eligible. Additionally, asset quality performance in the
servicing portfolio has been solid in recent years with 60+ day
delinquencies, excluding forbearance, in the Fannie Mae Delegated
Underwriting and Servicing portfolio at 1.8% as of 2Q25, compared
with a four-year average of 0.58% from 2021 to 2024. This has
increased in recent years from the impact of elevated interest
rates, but Fitch views Greystone's risk-sharing arrangement with
Fannie Mae and Freddie Mac, which caps maximum loss exposure, as a
mitigant. The allowance for risk sharing obligations was $88
million as of 2Q25, which Fitch views as adequate.
Earnings Hurt by Lower Originations: Lower originations further
weakened Greystone's earnings, with pretax ROAA falling to 1.8% for
the trailing 12 months (TTM) ended June 30, 2025, below 2024's 2.3%
and the 2021-2024 average of 5.4%. This decrease was driven by low
origination volumes in 2024 through 2Q25 and an increase in
provision for losses from the repurchase of six loans in 1H25.
Gain-on-sale income was 33.0% of total revenues in TTM 2Q25, above
29.1% in 2024 but still below historical levels which averaged
56.8% from 2014-2021. Over the medium term, Greystone's performance
will largely depend on the pace of new originations, although the
loan servicing portfolio and investment management segments provide
diversification of revenue and cash flows.
Leverage Likely to Rise: Greystone's leverage (gross debt to
tangible equity) was 1.7x at 2Q25. Leverage has come down
substantially from a high of 7.9x at YE20, as proceeds from the
delivery of mortgage loans held for sale were used to reduce
borrowings. Fitch expects originations to increase in 2H25 and 2026
relative to recent periods, which could result in increased
warehouse borrowings. Corporate leverage, excluding warehouse
borrowings, servicing advance lines, repurchase agreements and
trust liabilities, was 0.5x at June 30, 2025, which should remain
relatively stable over time. The firm targets net corporate debt to
equity of 0.50x.
Secured Borrowing Profile: As of 2Q25, approximately 3.4% of
Greystone's outstanding debt was unsecured, which is within the 'b'
category benchmark range of 0%-10% for balance sheet heavy finance
and leasing companies. Fitch would view an increase in unsecured
debt favorably as it would enhance the company's operational and
financial flexibility.
Sufficient Liquidity: Fitch views Greystone's liquidity as strong
for its rating category. As of 2Q25, Greystone had $81.8 million of
cash and $300.5 million of borrowing capacity under its funding
facilities. Greystone's pool of unencumbered assets, which amounted
to $1.1 billion at 2Q25, could also be pledged or sold (subject to
applicable haircuts) to provide additional liquidity, if necessary.
Greystone's funding is relatively short-dated, consisting
predominantly of agency warehouse, servicing advances, and
repurchase lines with maturities of one year or less with 24.4% of
gross debt maturing in 2H25 and another 24.2% in 2026. Fitch would
view a further extension of the debt maturity profile favorably, as
it would help to reduce refinancing risk.
Outlook Stable: The Stable Outlook reflects Fitch's expectation
that Greystone will maintain good asset quality, with delinquencies
translating into only modest losses given the loss-sharing
arrangements. The Outlook also reflects expectations for the return
to strong earnings generation, while maintaining access to
diversified funding and sufficient liquidity. Fitch also expects
Greystone to maintain leverage below 7.0x over the medium term,
even with a stronger origination environment, due to management's
strategy to increase retained earnings.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- A weakened liquidity profile, such as an inability to extend
financing facilities as they mature and/or maintain adequate
funding diversity;
- A sustained increase in leverage (gross debt/tangible equity)
above 7.0x and corporate leverage above 1.0x; and/or
- A sustained reduction in operating performance below historical
levels, particularly if driven by elevated credit losses.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- An improvement in funding flexibility, as demonstrated by further
extension of the maturity profile and an increase in the unsecured
funding component, approaching 10%;
- Maintenance of gross leverage, below 4.0x;
- Greater revenue diversification, including a reduced reliance on
gain-on-sale income;
- Maintenance of solid asset quality; and/or
- Consistent earnings and sufficient liquidity.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
The senior secured term loan rating is one-notch above Greystone's
IDR, reflecting good recovery prospects in a stress scenario.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
The senior secured term loan rating is sensitive to changes in the
IDR and would be expected to move in tandem with it. However, an
increase in secured debt and/or weaker collateral coverage that
weakens recovery prospects on the term loan could result in the
elimination of the upward notching of the secured debt.
ADJUSTMENTS
The Standalone Credit Profile (SCP) has been assigned with the
implied SCP.
The Business Profile score has been assigned below the implied
score due to the following adjustment reason: Business model
(negative).
The Earnings & 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 reasons: Historical
and future metrics (negative), Risk profile and business model
(negative).
ESG Considerations
Greystone Select Financial LLC has an ESG Relevance Score of '4'
for Governance Structure due to elevated key person risk related to
its founder and CEO, Stephen Rosenberg, who sets the tone, vision
and strategy for the company. This has a negative impact on the
credit profile and is relevant to the ratings in conjunction with
other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Prior
----------- ------ -----
Greystone Select
Financial LLC LT IDR BB- Affirmed BB-
senior secured LT BB Affirmed BB
H5 TRANSPORT: Steven Nosek Named Subchapter V Trustee
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The Acting U.S. Trustee for Region 12 appointed Steven Nosek as
Subchapter V trustee for H5 Transport, LLC.
Mr. Nosek will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Nosek declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Steven B. Nosek
10285 Yellow Circle Drive
Hopkins, MN 55343
Email: snosek@noseklawfirm.com
About H5 Transport LLC
H5 Transport LLC, founded in 2018 and based in Oakes, North Dakota
with a satellite office in Bradenton, Florida, provides
transportation and logistics services specializing in dry van and
refrigerated freight. The veteran-led Company offers full truckload
and less-than-truckload shipping, regional and long-haul coverage,
and custom logistics support including dispatch, driver management,
and billing solutions. H5 Transport serves shippers, small fleets,
and independent owner-operators across the United States, with core
lanes in the Midwest and expanding routes nationwide.
H5 Transport filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D.N.D. Case No. 25-30409) on September 15,
2025. In its petition, the Debtor reported total assets of $270,951
and total liabilities of $2,029,269.
Honorable Bankruptcy Judge Shon Hastings handles the case.
The Debtor is represented by Christianna A. Cathcart, Esq., at The
Dakota Bankruptcy Firm.
HANGER INC: Moody's Affirms 'B2' CFR & Alters Outlook to Negative
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Moody's Ratings affirmed Hanger, Inc.'s (Hanger) corporate family
rating at B2, its probability of default rating at B2-PD, and the
instrument-level ratings of its senior secured first lien bank
credit facilities at B2. At the same time, Moody's revised the
outlook to negative from stable.
The revision in the outlook to negative reflects a weakening credit
profile due largely to costs related to ongoing operational
initiatives. These costs have weakened Hanger's cash flow,
increased its reliance on the revolver and led to an increase in
financial leverage, providing limited cushion to absorb unforeseen
operating setbacks. Due to the ongoing business investments,
Moody's do not expect Hanger to reduce leverage to below 6x on a
Moody's-adjusted basis over the next 12-18 months. At the same
time, the affirmation of the existing ratings reflects Moody's
expectations that the costs will steadily wind down and bring
operational efficiencies.
RATINGS RATIONALE
Hanger's B2 CFR reflects the company's high financial leverage,
with gross debt/EBITDA that Moody's anticipates will remain above
6x on Moody's basis over the next 12-18 months. The ongoing
implementation of various operational activities constrains free
cash flow. The company has exhibited an acquisitive growth strategy
whereby it acquires clinics to expand its operational
footprint—this strategy involves cash costs and increases
integration and execution risks. The company is also exposed to
reimbursement risk due to revenue concentration among government
payors, including CMS and the Department of Veterans Affairs.
The rating benefits from the company's market position as the
largest provider of orthotics and prosthetics (O&P) in the United
States. The rating is also supported by the stable demand for the
company's services given a growing population of patients requiring
O&P devices, including those with limb loss from injury or
accident, endocrine or circulatory diseases, and musculoskeletal
conditions. Recurring revenue generation from product maintenance
and replacement further benefits the rating.
Moody's expects Hanger to maintain good liquidity over the next 12
to 18 months due to availability under its revolving credit
facility and ample room under the term loan and revolver financial
maintenance covenants. Moody's expects Hanger to generate negative
free cash flow for full-year 2025 due to higher expenses related to
its operating initiatives. In 2026 and beyond, Moody's expects free
cash flow to turn positive given the roll-off of these items.
Hanger has access to a $200 million revolving credit facility, of
which there are $70 million in borrowings outstanding as of June
30, 2025. The company's $150 million delayed-draw term loan, which
is about $22 million drawn as of June 30, 2025, is committed but
not accessible currently as the company's first lien net leverage
ratio (on a credit-agreement adjusted basis with allowed addbacks)
is above the permitted ratio to access the facility.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could downgrade the ratings if Hanger's operating
performance weakens, such that debt/EBITDA is sustained above 6.0x
or margins or free cash flow deteriorate. Moody's could also
consider a downgrade with material debt-funded shareholder returns
or aggressive M&A.
Moody's could upgrade the ratings if Hanger demonstrates
conservative financial policies, represented by debt/EBITDA
maintained below 5.0x and balanced capital allocation. Improved
scale, profitability, and free cash flow generation would also
support consideration for an upgrade.
Headquartered in Austin, Texas, Hanger is a national provider of
orthotics and prosthetics care and related products and services.
Hanger is privately owned by Patient Square Capital and generated
about $1.6 billion of revenue for the last twelve months ended June
30, 2025.
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.
HAVOC BREWING: Gets Final OK to Use Cash Collateral
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Havoc Brewing Company, LLC received final approval from the U.S.
Bankruptcy Court for the Eastern District of North Carolina to use
cash collateral to fund operations.
The court's final order authorized the Debtor to use cash
collateral from September 17 to October 17 for post-petition
operating expenses as outlined in its budget, subject to a 10%
variance per line item.
The Debtor projects total operational expenses of $97,757.08 for
the interim period.
Celtic Bank and Catfish Haggen, LLC are the secured creditors that
have interests in the Debtor's assets.
As adequate protection for the Debtor's use of their cash
collateral, the secured creditors will be granted a replacement
lien on the Debtor's post-petition property, with the same
validity, priority and extent as their pre-bankruptcy liens. These
secured creditors may seek administrative expense claims under
Section 507(b) if their interests are not adequately protected.
The order will remain in effect until modified or replaced by
future court orders, dismissal, or conversion of the Debtor's
Chapter 11 case. The approval ensures the Debtor can fund
operations while pursuing its Chapter 11 reorganization plan.
About Havoc Brewing Company LLC
Havoc Brewing Company, LLC is a veteran-owned craft brewery based
in Pittsboro, N.C. Founded in 2023, the company operates a
6,500-square-foot taproom that features award-winning beers, a
coffee bar, and regular community events such as trivia nights,
live music, and food trucks.
Havoc Brewing Company sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-01498)
on April 25, 2025. In its petition, the Debtor reported between $1
million and $10 million in both assets and liabilities.
Judge Pamela W. McAfee handles the case.
The Debtor is represented by:
Joseph Zachary Frost, Esq.
Buckmiller & Frost, PLLC
Tel: 919-296-5040
Email: jfrost@bbflawfirm.com
HNI CORP: S&P Assigns 'BB+' ICR on Acquisition of Steelcase
-----------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issuer credit rating to
U.S.-based HNI Corp., which has agreed to acquire Steelcase Inc. in
a primarily cash and stock transaction for an estimated $2.4
billion enterprise valuation. S&P expects it to close in the fourth
quarter of 2025.
The company intends to finance the transaction with $608 million of
borrowings under its proposed $775 million senior secured credit
facilities, $500 million in new senior secured debt, an exchange of
Steelcase's outstanding $450 million unsecured notes into new HNI
secured notes, and equity issued to Steelcase.
S&P said, "We assigned our 'BBB-' rating to the proposed senior
secured notes. The '2' recovery rating indicates our expectation
for substantial (70%-90%; rounded estimate: 75%) recovery in the
event of a default.
"We assume HNI will be able to successfully exchange most of
Steelcase's senior unsecured notes for new HNI senior secured
notes, which will rank pari passu with the proposed senior secured
facilities.
"The stable outlook reflects our expectation that, following close,
HNI will integrate Steelcase without significant disruption,
particularly with respect to the combined dealer network and
Steelcase's workforce. We expect adjusted leverage to improve to
2.3x at the end of fiscal 2026 from 2.5x pro forma for the
acquisition, with pro forma annual reported free operating cash
flow (FOCF) totaling at least $250 million.
"Our rating on HNI reflects the combined entity's solid market
position. HNI's proposed acquisition of Steelcase brings together
leading brands with strong track records and well-established
dealer relationships in the North American office furniture
industry. We view it as a strategic move that will enhance HNI's
competitive position with limited market overlap, strengthening
overall market coverage without significant dealer conflict. We
believe estimated run-rate cost synergies of $120 million are
achievable relative to the combined cost pool of its augmented
installed base and scale, which will yield enhanced purchasing
power and procurement synergies. We believe there could be
additional revenue synergies, particularly for HNI's open line
brands (HON and National), which will now have expanded access to
Steelcase's strong distribution network. Post-combination, HNI will
be the clear contract office furniture industry leader, with
MillerKnoll and Haworth as the No. 2 and No. 3 players,
respectively.
"HNI's contract office furniture segment, in line with the
industry, faced revenue and margin pressure during and after the
onset of the COVID-19 pandemic, but has performed better than
Steelcase. We believe this is largely because of HNI's small and
midsize business and regional footprint compared to Steelcase's
large corporate customers and highly urban/metropolitan presence,
which was slower to implement return-to-office mandates. HNI also
has undertaken several transformational efforts, including opening
a new facility in Mexico (imports covered by the U.S.-Mexico-Canada
Agreement) in 2021 and acquiring rival Kimball in 2023. HNI
improved consolidated adjusted EBITDA margins to 15% for the
trailing 12 months ended June 30, 2025, versus from 11.7% in
2019."
Contract office furniture demand will continue to improve in the
near-term. Forward indicators such as corporate profitability,
capital spending, CEO confidence surveys, and hiring indicators
have remained mixed recently because of macroeconomic concerns and
tariff-related uncertainty. However, organic order and backlog
trends are showing signs of sequential improvements across the
contract office furniture industry (including stand-alone HNI,
Steelcase, and MillerKnoll). This, along with recent favorable
trends in return to office mandates, should improve volumes in the
North American market.
HNI is exposed to a highly competitive, concentrated, and cyclical
industry. Revenues and EBITDA can decline significantly in
recessionary conditions and is reflected in our business risk
assessment. S&P said, "We believe the medium-term outlook is
uncertain as spending on new office construction and remodeling
projects remains weaker than in 2019, despite modest recent
improvement with return-to-office trends. Further, we also consider
the combined entity's reliance on federal and state budgets,
particularly in the government, education, and health care sectors,
which will account for a significant portion of revenues. Adverse
shifts in public funding or policy could substantially weaken this
demand."
S&P said, "We view the integration risk as moderate. This is mainly
because we believe there are limited overlaps between HNI and
Steelcase dealers, which reduces dealer turnover risk. HNI will
maintain the Steelcase brands and run the business as an
independent entity. We expect HNI will seek to raise Steelcase's
stand-alone EBITDA margins. Steelcase had an S&P Global
Ratings-adjusted EBITDA margin of 9.3% for the trailing 12 months
ended May 31, 2025, compared to HNI's 15% for the trailing 12
months ended June 30. We believe one area for potential improvement
is removing excess capacity at Steelcase to reflect lower volume
(the Business and Institutional Furniture Manufacturers Association
estimates about a 35% decline from 2019). We also believe Steelcase
has persistently weak profitability in its international
operations, which could be addressed under HNI's management."
Potential cultural differences and problems integrating Steelcase
could lead to a loss of key talent and, to a lesser extent, dealer
attrition. HNI's successful integration of Kimball provides some
evidence of HNI's acquisition integration ability.
HNI has historically demonstrated conservative financial policies.
S&P said, "These include prioritizing debt reduction following
acquisitions, which we don't expect to change. Pro forma for the
acquisition, we expect approximately 2.5x adjusted leverage for the
combined company (compared to company-reported net leverage of
2.1x, including $60 million of synergies), improving to 2.3x at the
end of 2026 and 2x at the end of 2027. Anticipated debt repayment,
moderate adjusted EBITDA growth on cost synergies, and improved
contract office furniture sales will be key factors. Our debt
adjustments include treating the combined company's lease
liabilities, pension retirement obligations, and workers'
compensation insurance reserves as debt, while netting its
unrestricted cash and the estimated post-tax liquidation value of
Steelcase's company-owned life insurance (COLI) assets against
reported debt."
The company has committed to a reported net leverage target of
1x-1.5x over the long term. Before this acquisition, HNI
consistently operated with S&P Global Ratings-adjusted leverage
below 1.5x. It was temporarily elevated following the Kimball
acquisition in 2023 but improved to 1.3x at fiscal year-end 2024
with debt repayment and EBITDA expansion. S&P said, "We forecast at
least $250 million annual FOCF in 2026 and 2027 with moderate cash
outlays for shareholder returns, mainly $100 million in dividends
and modest share repurchases for antidilutive purposes. We assume
it will not initiate material share repurchases (which have been
suspended following the acquisition announcement) until leverage is
within its target range, which we forecast in 2028. Furthermore, we
do not believe HNI will engage in sizable mergers and acquisitions
until Steelcase is fully integrated but believe it will remain open
to bolt-on acquisitions of complementary businesses."
HNI's hearth products business has higher margins but limited
diversification. HNI's leading position is supported by a portfolio
of strong brands, a solid regional distribution network, and
meaningful share within the homebuilder channel, which is depressed
in the U.S., presenting upside should recovery begin. These
factors, which contrast with its core office furniture business,
contribute to superior margins to those of the traditional office
furniture segment. S&P said, "While we expect HNI to maintain and
selectively expand its hearth products business (which will account
for 11% of pro forma revenues), we do not view it as providing
material diversification or a meaningful offset to the core office
furniture market. Both are sensitive to broader macroeconomic
factors, including interest rates, construction, and overall
business and consumer confidence and spending."
Other key risks include exposure to raw material cost volatility
and tariffs. The combined entity's operating performance will
remain heavily exposed to raw material price volatility,
particularly steel, plastic, aluminum components, and
particleboard, which combined represent about 25% of total cost of
goods sold and are typically not hedged against price volatility.
Additionally, the company will face moderate exposure to tariffs,
primarily driven by Steelcase's more globally integrated
manufacturing and sourcing platform. S&P assumes the company can
offset most of the potential input cost increases and tariffs
through pricing actions and supplier negotiations, although with a
lag.
S&P said, "The stable outlook reflects our expectation that,
following the closing of the acquisition, HNI will integrate
Steelcase without significant disruption, particularly with respect
to the combined dealer network and Steelcase's workforce. We expect
the company to maintain its combined market share in the contract
office furniture sector as more employers implement
return-to-office mandates, offset by continued macroeconomic
uncertainty and tariff-related headwinds. We expect adjusted
leverage to improve to 2.3x at the end of fiscal 2026 from 2.5x pro
forma for the acquisition, with pro forma annual reported FOCF
totaling at least $250 million."
S&P could lower the rating if leverage increases to at least 3x or
cash flow deteriorates, potentially due to:
-- Demand deterioration and a profit decrease;
-- Inability to pass along price increases on a timely basis or
effectively mitigate input cost increases, tariff-related
headwinds, or supply chain disruptions;
-- Problems integrating Steelcase, including meaningfully reduced
sales due to channel conflicts from combining dealer networks, or
if key employees depart, causing operational disruptions;
-- Office square footage declines, potentially due to sustained
low employee office attendance; or
-- Adoption of more aggressive financial policies by executing
large share repurchases or acquisitions while cash flow and
profitability are weak.
While unlikely within the next year, S&P could raise the rating if
HNI demonstrates solid credit metrics, including S&P Global
Ratings-adjusted leverage below 2x, even in a downturn scenario.
This could occur if:
-- Industry demand is consistently higher;
-- S&P believes that macroeconomic risks, including a material
commercial real estate market downturn, have receded; and
-- The company sustains strong FOCF generation.
S&P could also raise the rating if it favorably reassess its view
of HNI's competitive position in conjunction with targeting
conservative credit metrics.
HOPSCOTCH HEALTH: Seeks Subchapter V Bankruptcy in Texas
--------------------------------------------------------
On September 24, 2025, Hopscotch Health Children's Urgent Care
PLLC filed Chapter 11 protection in the Western District of Texas.
According to court filing, the Debtor reports $1,898,931between in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
A meeting of creditors under Section 341(a)to be held on October
21, 2025 at 10:00 AM via Via Phone: (866)909-2905; Code: 5519921#.
About Hopscotch Health Children's Urgent Care PLLC
Hopscotch Health Children's Urgent Care PLLC operates a pediatric
urgent care center in San Antonio, Texas, serving patients across
the South Texas region. The clinic was established by local
clinicians and provides after-hours medical services for children,
including treatment for flu, colds, allergies, minor injuries,
broken bones, and falls, with on-site diagnostic testing, x-rays,
and splinting. It offers both in-person and digital visits,
emphasizing convenience and streamlined care outside of traditional
office hours.
Hopscotch Health Children's Urgent Care PLLC sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D.
Tex. Case No. 25-52216) on September 1, 2025. In its petition, the
Debtor reports total assets of $155,488 and total liabilities of
$1,898,931.
Honorable Bankruptcy Judge Craig A. Gargotta handles the case.
The Debtor is represented by William R. Davis, Jr., Esq. at LANGLEY
& BANACK, INC.
I V SUPPORT: Hires Armory Consulting Co. as Financial Advisor
-------------------------------------------------------------
I V Support Systems, Inc. dba Siella Medical seeks approval from
the U.S. Bankruptcy Court for the Central District of California to
hire Armory Consulting Co. as financial advisor.
The firm will render these services:
a. provide strategic financial guidance to prepare and assist
the Debtor through its bankruptcy;
b. manage reporting requirements pertaining to the Bankruptcy
Court and the U.S. Trustee's office, including (as applicable)
Schedules and Statement of Financial Affairs, monthly operating
reports, 7-Day Package, and cash flow projections;
c. manage preparation of periodic cash flow forecasts (i.e.,
13 weeks or similar), long term financial projections, and variance
analysis, as needed;
d. assist with negotiating and serving as a liaison between
the Debtor and its creditors or their representatives;
e. assist with the projections in developing a plan of
reorganization;
f. prepare the liquidation analysis;
g. assist with preparing a valuation and/or appraisal of the
Debtor's business and/or assets;
h. evaluate the rejection of any executory contracts and
unexpired leases;
i. assist in the evaluation and analysis of avoidance actions
and causes of action;
j. provide testimony, including deposition testimony, before
the Bankruptcy Court on matters within Armory's expertise and
consistent with Armory's scope of services;
k. oversee analysis of creditors' claims; and
l. provide additional services as may be mutually agreed upon
in writing between the Debtor and Armory.
The firm will be paid at these rates:
James Wong $625 per hour
Associates $475 to $550 per hour
Armory received a prepetition retainer in this matter of $5,000 on
or about July 31, 2025.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
James Wong, a principal at Armory Consulting Co., disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
James Wong, Esq.
Armory Consulting Co.
3943 Irvine Blvd., #253
Irvine, CA 92602
Telephone: (714) 222-5552
Email: jwong@armoryconsulting.com
About I V Support Systems, Inc.
I V Support Systems, Inc. specializes in the repair, maintenance,
and sale of biomedical equipment.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. C.D. Cal. Case No. 8:25-bk-12139-MH) on July 31,
2025. In the petition signed by George Davis, CEO, the Debtor
disclosed up to $500,000 in assets and up to $1 million in
liabilities.
Aaron E. de Leest, Esq., at Marshack Hays Wood LLP, represents the
Debtor as legal counsel.
II BALLAKIS FAMILY: U.S. Trustee Unable to Appoint Committee
------------------------------------------------------------
The U.S. Trustee for Region 2 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of II Ballakis Family Properties, LLC.
About II Ballakis Family Properties
II Ballakis Family Properties LLC is a single asset real estate
company based in Rome, NY that owns property at 170 Lafayette
Street in Schenectady, New York.
II Ballakis Family Properties sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D.N.Y. Case No. 25-60753) on August
18, 2025. In its petition, the Debtor reported between $100,000 and
$500,000 in assets and liabilities.
Honorable Bankruptcy Judge Patrick G. Radel handles the case.
The Debtor is represented by Opal Fayne Hinds, Esq., at the Law
Office of Opal Hinds.
INDEPENDENT MEDEQUIP: Gets Interim OK to Obtain DIP Loan
--------------------------------------------------------
Independent MedEquip, LLC and affiliates received interim approval
from the U.S. Bankruptcy Court for the Northern District of
Alabama, Southern Division, to obtain debtor-in-possession
financing to get through bankruptcy.
The interim order, signed by Judge Tamara Mitchell, authorized the
Debtors to obtain an initial $500,000 from Jackson Investment
Group, LLC, which has committed to provide up to $2 million in DIP
financing. The remaining amount will be available upon entry of a
final order.
The DIP financing is structured as a superpriority senior secured
term loan.
To secure their obligations under the DIP financing, the Debtors
will grant Jackson valid, non-avoidable and automatically perfected
liens on assets securing the financing. The lender will also be
granted superpriority administrative expense claims against the
Debtors, subject and subordinate to the fee carveout.
The Debtors said this funding is needed to stabilize operations,
ensure continuity of care for patients who rely on their durable
medical equipment (DME) services, pay employees, and support a
restructuring or sale process. Without access to this financing,
IMED warned it would be forced into an immediate shutdown.
Use of Cash Collateral
The bankruptcy court's order also approved the interim use of cash
collateral in which the Debtors' pre-bankruptcy secured creditors
assert an interest. These creditors include Cadence Bank, the U.S.
Small Business Administration, and several purchase-money and
junior lienholders.
The Debtors may use cash collateral until Jackson issues notice of
a DIP termination event.
As adequate protection, the pre-bankruptcy secured creditors will
be granted valid and perfected post-petition replacement liens on
the DIP collateral, subject and subordinate to, among other things,
the fee carveout and the DIP liens. They are also entitled to
superpriority administrative expense claims.
A copy of the interim DIP order is available at
https://is.gd/VG3kDc from PacerMonitor.com.
The final hearing is scheduled for November 3. Objections are due
by October 27.
Independent MedEquip operates across several states, providing
essential DME such as oxygen tanks, CPAP machines, mobility aids,
and other home-use medical devices. It is paid primarily through
Medicare, Medicaid, private insurance, and some direct retail
sales.
Independent MedEquip's business is deeply reliant on a fleet of
delivery vehicles and it has struggled under mounting economic
pressure due to the COVID-19 pandemic, rising fuel and interest
costs, and a ransomware attack on Change Healthcare that disrupted
claims payments.
In a desperate attempt to stay afloat, Independent MedEquip turned
to expensive merchant cash advances, but the resulting debt burden
proved unsustainable.
Independent MedEquip outlines its pre-petition capital structure as
including approximately $24 million in funded debt, including $3.2
million to Cadence Bank, $3.4 million in SBA disaster loans, $2.9
million in purchase-money obligations, $2 million in insider loans,
$9.8 million in unsecured claims (including $2.4 million in MCA
obligations), and $2.8 million in open vehicle lease liabilities.
About Independent MedEquip LLC
Independent MedEquip, LLC, a company in Birmingham, Ala., provides
durable medical equipment such as oxygen tanks, CPAP machines,
mobility aids, and other home-use medical devices.
Independent MedEquip and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ala. Lead Case
No. 25-02821) on September 18, 2025. At the time of the filing,
Independent MedEquip disclosed up to $50,000 in assets and up to
$500,000 in liabilities.
Judge Tamara O'Mitchell oversees the cases.
Stuart Memory, Esq., at Memory Memory and Causby LLP, is the
Debtor's legal counsel.
Jackson Investment Group, LLC, the Debtors' DIP lender, may be
reached through:
Richard L. Jackson, CEO
Jackson Investment Group, LLC
2655 Northwinds Parkway
Alpharetta, GA 30009
Phone: (678) 690-1079
Cadence Bank, a pre-petition secured creditor, may be reached
through:
C. Ellis Brazeal III, Esq.
Jones Walker, LLP
420 20th Street North
Suite 1100
Birmingham, AL 35203
(205) 244-5237
ebrazeal@joneswealker.com
INTEGRATED NANO-TECHNOLOGIES: R. Calihan Out as Committee Member
----------------------------------------------------------------
The U.S. Trustee for Region 2 disclosed in a court filing that
these creditors are the remaining members of the official committee
of equity securities holders in Integrated Nano-Technologies,
Inc.'s Chapter 11 case:
1. Charles Wright
28920 Somers Drive
Naples, FL 34119
Telephone: 585-202-8045
Email: chwright@wrightbev.com
2. Ronald H. Fielding
42 Surfsong Road
Kiawah Island, SC 29455
Telephone: 585-683-3354
Email: rfielding1@comcast.net
3. Patrick D. Martin
c/o Ashford Advisors, LLC
30 Grove Street
Pittsford, NY 14534
Telephone: 585-697-0362
Email: pmartin@ashfordadvisors.com
4. J. Michael Holloway
40 Cannock Drive
Fairport, NY 14450
Telephone: 585-944-5801
Email: mike.holloway1@gmail.com
Robert B. Calihan was previously identified as member of the
creditors committee. His name no longer appears in the new notice.
About Integrated Nano-Technologies
Integrated Nano-Technologies, Inc. is a company in Henrietta, N.Y.,
which offers scientific research and development services.
Integrated Nano-Technologies filed its voluntary petition for
Chapter 11 protection (Bankr. W.D.N.Y. Case No. 22-20611) on Dec.
22, 2022, with $100,000 to $500,000 in assets and $10 million to
$50 million in liabilities. Donald H. Noble, chief financial
officer, signed the petition.
Judge Warren oversees the case.
Jeffrey A. Dove, Esq., at Barclay Damon, LLP and Compass Advisory
Partners, LLC serve as the Debtor's legal counsel and investment
banker, respectively.
The U.S. Trustee for Region 1 appointed an official committee to
represent equity securities holders in the Debtor's Chapter 11
case.
INTERNATIONAL DIRECTIONAL: Gets Extension to Access Cash Collateral
-------------------------------------------------------------------
International Directional Drilling, Inc. received third interim
approval from the U.S. Bankruptcy Court for the Southern District
of Florida, Fort Lauderdale Division, to use cash collateral.
The third interim order authorized the Debtor to use cash
collateral to pay the expenses set forth in its budget, subject to
a 10% variance per line item. This authorization will remain in
effect until further order by the court.
As adequate protection, Locality Bank and other secured creditors
will be granted a replacement lien on the Debtor's post-petition
cash collateral, to the same extent as any pre-bankruptcy lien.
In addition, the Debtor will keep its property insured in
accordance with its loan and security agreements with Locality
Bank.
Locality Bank reserves the right to request adequate protection
payments.
The next hearing is set for October 22.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/gDJh5 from PacerMonitor.com.
Locality Bank, as secured creditor, is represented by:
J. Ellsworth Summers, Jr., Esq.
Burr & Forman, LLP
50 North Laura Street, Suite 3000
Jacksonville, FL 32202
Phone: (904) 232-7200
Fax: (904) 232-7201
ESummers@burr.com
About International Directional Drilling Inc.
International Directional Drilling, Inc. is a company specializing
in directional drilling services that provides specialized drilling
services for oil and gas exploration, utility installation, or
other underground infrastructure projects where non-vertical well
drilling techniques are required.
International Directional Drilling sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-17606) on
July 2, 2025. In its petition, the Debtor reported between $1
million and $10 million in assets and liabilities.
Honorable Bankruptcy Judge Scott M. Grossman handles the case.
Chad T. Van Horn, Esq., is the Debtor's bankruptcy counsel.
IPG FRANCHISING: Committee Taps Johnson Pope Bokor as Counsel
-------------------------------------------------------------
The official committee of creditors holding unsecured claims of IPG
Franchising Inc. seeks approval from the U.S. Bankruptcy Court for
the Middle District of Florida to hire Johnson Pope Bokor Ruppel &
Burns, LLP as its committee.
The firm's services include:
a. assisting the Committee in carrying out the duties
enumerated in 11 U.S.C. Secs. 1102 and 1103;
b. advising the Committee about any relevant matter arising in
the case, including but not limited to conducting any review or
research that may be required to properly evaluate the Debtor's
current and prospective financial and operational condition, the
Debtor's prospects for reorganization, and/or the effect of any
proposed plan of reorganization;
c. drafting and/or filing any and all required documents,
pleadings, or other written instruments required by the Committee
in the case;
d. representing the Committee, when necessary, in any and all
hearings, depositions, conferences, trials, mediations, and/or
other appearances or participations related to the case; and
e. taking any and all other actions deemed necessary to
satisfy the Committee's responsibilities and to protect the
Committee's interests with respect to any matter arising in the
case.
The firm's hourly billing rates are:
Angelina E. Lim, Partner $500
Michael C. Markham, Shareholders $475
Albert F. Gomez, Jr., Shareholder $525
Andrena Westcott, Paralegal $175
Katherine Babbitt, Paralegal $180
Minerva Granger, Paralegal $105
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Angelina Lim, Esq., a partner at Johnson Pope Bokor Ruppel & Burns,
LLP, disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Angelina E. Lim, Esq.
JOHNSON POPE BOKOR RUPPEL & BURNS, LLP
400 N Ashley Dr., Suite 3100
Tampa, FL 33602
Telephone: (813) 225-2500
Email: AngelinaL@JPFirm.com
About IPG Franchising Inc.
IPG Franchising Inc. operates as a franchisor specializing in
vacation rental property management. The Company offers turnkey
franchise solutions that enable individuals to enter the U.S.
vacation rental market, providing training, technology, and
operational support primarily focused on the Central Florida region
near major tourist destinations like Walt Disney World.
IPG Franchising Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-05025) on August 8,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
The Debtor is represented by Chad Van Horn, Esq. at VAN HORN LAW
GROUP, P.A.
J PAUL ROOFING: Gets Final OK to Use Cash Collateral
----------------------------------------------------
J Paul Roofing & Construction, Inc. received final approval from
the U.S. Bankruptcy Court for the Northern District of Texas,
Dallas Division, to use cash collateral to fund operations.
The final order authorized the Debtor to use its revenue and other
cash collateral to pay business expenses as outlined in its 14-day
and 30-day budget. The Debtor's 30-day budget shows total
operational expenses of $155,135.28.
The Debtor may spend up to 110% of individual expense in the budget
without further court approval.
As adequate protection for the Debtor's use of their cash
collateral, secured creditors with valid liens will be granted
replacement liens on cash collateral generated and assets acquired
by the Debtor after its Chapter 11 filing. Replacement liens do not
attach to Chapter 5 avoidance actions or their proceeds.
The Debtor has secured loans from the U.S. Small Business
Administration and Mulligan Funding, with liens on accounts
receivable and cash, which constitute their cash collateral.
Additionally, all replacement liens and pre-petition liens are
subordinate to a carveout, which covers statutory fees owed to the
court, the U.S. Trustee, up to $15,000 in trustee fees, Subchapter
V Trustee expenses, and fees for the debtor’s counsel, The Lane
Law Firm, PLLC.
About J Paul Roofing & Construction Inc.
J Paul Roofing & Construction Inc. operates a roofing and exteriors
business.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-33290-mvl11) on
August 28, 2025. In the petition signed by Jason Paul, president,
the Debtor disclosed up to $500,000 in assets and up to $1 million
in liabilities.
Judge MIchelle V. Larson oversees the case.
Robert C. Lane, Esq., at The Lane Law Firm, represents the Debtor
as bankruptcy counsel.
JACKSBOSTON LLC: Bankr. Administrator Unable to Appoint Committee
-----------------------------------------------------------------
The U.S. Bankruptcy Administrator for the Eastern District of North
Carolina disclosed in a filing that no official committee of
unsecured creditors has been appointed in the Chapter 11 case of
Jacksboston LLC.
About Jackboston LLC
Jackboston, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-03234) on August 21,
2025, listing up to $500,000 in assets and up to $10 million in
liabilities. Cortland Rush, chief executive officer of Jackboston,
signed the petition.
Judge Pamela W. McAffee oversees the case.
Danny Bradford, Esq., at Paul D. Bradford, PLLC, represents the
Debtor as legal counsel.
JACKSBOSTON LLC: Gets Extension to Access Cash Collateral
---------------------------------------------------------
Jacksboston, LLC received another extension from the U.S.
Bankruptcy Court for the Eastern District of North Carolina,
Raleigh Division, to use cash collateral to fund operations.
The interim order authorized Jacksboston to use the funds in its
debtor-in-possession operating account consistent with its budget.
The Debtor may make expenditures of up to 10% more than the
budgeted amount.
The budget projects total operational expenses of $49,269.22 for
the period from September 20 to October 20.
The Debtor has identified seven creditors that may hold secured
interests in its cash collateral based on UCC-1 financing
statements filed with the North Carolina Secretary of State. These
creditors are Clear Finance Tech Corp., On Deck Capital, United
First, LLC and Flash Funding, Cooper Investments, LLC, Velocity
Capital Group, and PayPal Loan Builder.
As adequate protection, replacement liens on post-petition cash and
inventory will be granted to secured creditors, with the same
validity and extent as their pre-bankruptcy liens.
In addition, Clear Finance Tech will continue to receive a monthly
payment of $974.22 as further protection.
The next hearing is scheduled for October 14.
At the time of filing, the Debtor had approximately $8,376 in cash,
which it has transferred into the DIP account. It also holds
approximately $49,200 in unencumbered personal property, including
inventory, equipment, furnishings, and receivables not subject to
any prior perfected lien.
About Jackboston LLC
Jackboston, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-03234) on August 21,
2025, listing up to $500,000 in assets and up to $10 million in
liabilities. Cortland Rush, chief executive officer of Jackboston,
signed the petition.
Judge Pamela W. McAffee oversees the case.
Danny Bradford, Esq., at Paul D. Bradford, PLLC, represents the
Debtor as legal counsel.
JJ BADA: Seeks to Hire Alan Atkins Corp. as Appraiser
-----------------------------------------------------
JJ Bada 464 Operating Corp. seeks approval from the U.S. Bankruptcy
Court for the District of New Jersey to hire Alan Atkins Appraisal
Corp. as appraiser.
The firm will research and prepare appraisal report for the
Debtor's liquor license.
Alan Atkins will be paid a flat fee of $1,000.
Alan Atkins disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Alan Atkins
Alan Atkins Appraisal Corp.
122 Clinton Road, Suite 2A
Fairfield, NJ 07004
Telephone: (973) 227-1900
Facsimile: (973) 227-5502
About JJ Bada 464 Operating Corp.
JJ Bada 464 Operating Corp. owns and operates Bada Story
Restaurant, a Korean and Japanese Sushi Restaurant located at 464
Sylvan Avenue, Englewood Cliffs, N.J.
JJ Bada 464 Operating sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. N.J. Case No. 25-11078) on February
1, 2025, listing between $500,001 and $1 million in both assets and
liabilities. Brandon Park, president of JJ Bada 464 Operating,
signed the petition.
Judge Stacey L. Meisel oversees the case.
Rosemarie E. Matera, Esq., at Kirby Aisner & Curley, LLP,
represents the Debtor as legal counsel.
KIDSVILLE LEARNING: Carol Fox Named Subchapter V Trustee
--------------------------------------------------------
The Acting U.S. Trustee for Region 21 appointed Carol Fox of
GlassRatner as Subchapter V trustee for Kidsville Learning Centers,
Inc.
Ms. Fox will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Fox declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Carol Fox
GlassRatner
200 East Broward Blvd., Suite 1010
Fort Lauderdale, FL 33301
Tel: 954.859.5075
Email: cfox@brileyfin.com
About Kidsville Learning Centers
Kidsville Learning Centers, Inc. filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-21000) on September 21, 2025, with $100,001 to $500,000 in
assets and liabilities.
Judge Laurel M. Isicoff presides over the case.
Aramis Hernandez, Esq., represents the Debtor as legal counsel.
KOSTAS GOLFINOPOULOS: Hires Forchelli Deegan as Legal Counsel
-------------------------------------------------------------
Kostas Golfinopoulos, Esq., PLLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of New York to hire
Forchelli Deegan Terrana LLP to serve as legal counsel in its
Chapter 11 case.
FDT will provide these services:
(a) providing legal advice with respect to the Debtor's powers and
duties as debtor-in-possession in the continued operation of their
businesses and management of their properties;
(b) preparing on behalf of the Debtor any necessary applications,
motions, answers, orders, reports, and other legal papers;
(c) appearing in Court on behalf of the Debtor;
(d) reviewing all pleadings filed in the Debtor's chapter 11
case;
(e) preparing and pursuing confirmation of a plan of
reorganization or otherwise; and
(f) performing such other legal services for the Debtor that may
be necessary and proper in these proceedings.
The firm intends to bill on an hourly basis at these rates:
Partners and Of Counsel $450 to $825
Associates $325 to $535,
Paraprofessionals $165 to $315
Professionals designated to represent the Debtor include:
Michael Amato, Partner ($695);
Gerard A. Luckman, Partner ($735); and
Gabriella E. Botticelli, Associate ($425).
FDT received an initial retainer of $35,000.
Forchelli Deegan Terrana 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:
Gerard R. Luckman, Esq.
Michael S. Amato, Esq.
FORCHELLI DEEGAN TERRANA LLP
333 Earle Ovington Blvd., Suite 1010
Uniondale, NY 11553
Telephone: (516) 248-1700
E-mail: gluckman@forchellilaw.com
mamato@forchellilaw.com
About Kostas Golfinopoulos, Esq., PLLC
Kostas Golfinopoulos, Esq., PLLC sought protection under Chapter 11
of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-43427-JMM) on
July 18, 2025.
At the time of the filing, Debtor had estimated assets of between
$0 to $50,000 and liabilities of between $0 to $50,000.
Judge Jill Mazer-Marino oversees the case.
Forchelli Deegan Terrana LLP is Debtor's legal counsel.
LASEN INC: Committee Hires Mac Restructuring Advisors as CRO
------------------------------------------------------------
The Official Committee of Unsecured Creditors in the jointly
administered Chapter 11 cases of Lasen, Inc. and SkySkopes, Inc.
seeks approval from the U.S. Bankruptcy Court for the District of
Arizona to retain Mac Restructuring Advisors LLC to serve as its
chief restructuring officer.
Mac Restructuring Advisors, through its principal Edward M. Burr,
CTP, CIRA, will perform these services:
(a) manage the Debtors' businesses as debtors-in-possession,
including making decisions related to the Debtors' authority,
duties and responsibilities as debtors-in-possession;
(b) act as administrative signer on all bank accounts with
authority to open and close accounts, change signers, and take
other reasonable actions with the Debtors' bank accounts;
(c) collect outstanding accounts receivable and take enforcement
actions to collect receivables;
(d) pay the Debtors' bills as necessary per the approved cash
collateral budgets;
(e) retain, remove, and set or adjust compensation for all
professionals acting on behalf of the Debtors;
(f) represent the Debtors in dealings and negotiations with
creditors, including the Committee;
(g) act as administrator for all software used by the Debtors,
including QuickBooks;
(h) with counsel, formulate and direct the filing of Chapter 11
plans, amended plans, disclosure statements and amended disclosure
statements;
(i) oversee and monitor the liquidation of the Debtors' assets and
the distribution of proceeds to creditors; and
(j) exercise full authority to act independently on behalf of the
Debtors without approval from current officers and directors.
Mac Restructuring Advisors' fees are set at a standard hourly rate
of $450, plus reimbursement of actual out-of-pocket expenses
including travel.
According to court filings, Mac Restructuring Advisors is a
“disinterested person” within the meaning of Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Edward M. Burr, CTP, CIRA
Mac Restructuring Advisors, LLC
Tel: (602) 418-2906
E-mail: Ted@MacRestructuring.com
About Lasen Inc.
Lasen Inc. develops and operates airborne LiDAR systems for leak
detection and pipeline inspections across North America. Its
proprietary Airborne LiDAR Pipeline Inspection System (ALPIS)
identifies methane leaks with high accuracy and efficiency,
supporting right-of-way and transmission line monitoring. Founded
in 1989, LaSen has inspected over 500,000 miles of pipeline and
specializes in remote sensing technologies adapted from U.S.
defense applications.
Lasen Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Ariz. Case No. 25-05316) on June 11, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
assets and liabilities.
Honorable Bankruptcy Judge Brenda K. Martin handles the case.
The Debtor is represented by Randy Nussbaum, Esq., at The Cavanagh
Law Firm, P.A.
LEISURE INVESTMENTS: Terra to Assume Miami Seaquarium Lease
-----------------------------------------------------------
Leisure Investments Holdings LLC, and its debtor affiliates, known
as The Dolphin Company, have reached an agreement with Miami-based
development firm Terra to assume the Company's lease of the Miami
Seaquarium. The agreement follows a months-long process in which
the Miami Seaquarium was publicly marketed, attracting offers from
multiple parties.
-- Agreement subject to approval by the U.S. Bankruptcy Court for
the District of Delaware, with hearing expected in October 2025. --
Miami Seaquarium will temporarily cease operations in 2025 as part
of the transition, which will include closure of the park to the
public and relocation of all animals.
-- Leisure Investments Holdings LLC and its affiliates remain
committed to meeting employee obligations through the closure and
executing a responsible plan for the transition and rehoming of all
animals by end of 2025.
Terra plans a substantial investment in renovating and modernizing
the Seaquarium property in a manner that respects the history of
the site and the Miami-Dade County Home Rule Charter. Planned
updates include:
-- A new accredited aquarium with no marine mammals
-- Immersive marine and aquatic-based experiences emphasizing the
unique environment of Biscayne Bay
-- An education, conservation, and research center
-- A wet-slip marina and dry dock facility
-- Wellness spaces and experiences tied to the natural waterfront
habitat
-- Fisherman's village with marine-oriented retail and food and
beverage establishments
-- Preservation of the historic Buckminster Fuller Seaquarium dome
for use as event space for public and private gatherings
-- Lushly landscaped green space; and a publicly accessible
baywalk
Under the terms of the agreement, Terra will assume the Company's
lease with Miami-Dade County. A hearing to approve of the agreement
for Terra to assume the lease of the Seaquarium is currently set
before the United States Bankruptcy Court for the District of
Delaware on October 17, 2025. Subject to the Bankruptcy Court's
approval, closing of the transaction will be subject to ultimate
approvals of various lease amendments and other transactions by the
Board of County Commissioners of Miami-Dade County.
As part of the transition, Miami Seaquarium will temporarily cease
operations in late 2025. Miami Seaquarium will be closed to the
public on a date to be announced, and all the animals will be
transitioned to a new home. Through this process, the Company and
its management team are firmly committed to protecting its
employees' interests, including wages and benefits, and ensuring
all animals continue to receive safe, attentive care.
"Our employees and animals have remained at the forefront of our
efforts to address the Miami Seaquarium as a part of the Company's
bankruptcy restructuring," said Steven Strom, Independent Director
of the Company overseeing the bankruptcy case. "As we move forward
with our transaction with Terra, we are working tirelessly to
ensure that our employees continue to receive the pay, benefits,
and support they deserve. In addition, in compliance with all
federal and state regulations, we will ensure that every animal is
safely and appropriately transitioned to a new home."
"The Miami Seaquarium has been an iconic property for decades, and
we intend to honor that legacy as we enhance the site and elevate
its appeal among Miami residents and tourists," said Terra CEO
David Martin. "The result will be a publicly accessible,
family-friendly destination that brings together residents and
visitors for generations to come."
As the assignment process advances over the coming months, the
Company has pledged to maintain open communication with employees,
partners, and Miami-Dade County.
"The Miami Seaquarium has been a special part of Miami's story,"
added Strom. "We are committed to honoring that legacy by ensuring
this transition is handled with care, compassion, and transparency.
Further, we owe a great debt of gratitude to Commissioner Raquel
Regalado and Miami-Dade County, for their support and assistance
with this challenging process so far and look forward to the
ongoing support of Mayor Levine Cava and the Board of County
Commissioners as we move forward with this transaction, which we
truly believe is the best possible result for all parties."
Further information regarding the transaction and transition
process will be posted on the Miami Seaquarium's website.
Additional information about the Company's Chapter 11 bankruptcy
case, including court documents and claims information, can be
found at (https://www.veritaglobal.net/dolphinco); or by calling
888-733-1434 (U.S./Canada) or 310-751-2633 (International).
Advisors:
During its bankruptcy restructuring process, the Company is being
advised by Young Conaway Stargatt & Taylor, LLP as legal advisor;
Odinbrook Global Advisors, as Independent Director; Riveron
Management Services to provide a Chief Restructuring Officer; and
Riveron Consulting as Financial Advisor; Greenhill & Co. as
investment banker; and Keen-Summit Capital Partners as real estate
advisor and broker.
About Leisure Investments Holdings
Leisure Investments Holdings LLC and affiliates are operating under
the name "The Dolphin Company," manage over 30 attractions,
including dolphin habitats, marinas, water parks, and adventure
parks, located in eight countries across three continents. Their
primary operations are based in Mexico, the United States, and the
Caribbean, with locations in Jamaica, the Cayman Islands, the
Dominican Republic, and St. Kitts. These attractions are home to
approximately 2,400 animals from more than 80 species of marine
life, including a variety of marine mammals such as dolphins, sea
lions, manatees, and seals, as well as birds and reptiles. As of
2023, the marine mammal population at the Debtors' parks includes
roughly 295 dolphins, 51 sea lions, 18 manatees, and 18 seals.
Leisure Investments Holdings LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case 25-10606) on
March 31, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Laurie Selber Silverstein handles the
case.
The Debtors tapped Robert S. Brady, Esq., Sean T. Greecher, Esq.,
Allison S. Mielke, Esq., and Jared W. Kochenash, Esq. as counsels.
The Debtors' restructuring advisor is RIVERON MANAGEMENT SERVICES,
LLC. The Debtors' Claims & Noticing Agent is KURTZMAN CARSON
CONSULTANTS, LLC d/b/a VERITA GLOBAL.
LHS BORROWER: S&P Withdraws 'B-' ICR Following Debt Repayment
-------------------------------------------------------------
S&P Global Ratings withdrew its 'B-' issuer credit rating on LHS
Borrower LLC (d/b/a Leaf Home) following the company's acquisition
of Erie Home. This transaction coincided with a comprehensive
private refinancing of Leaf Home's debt, under which it repaid its
outstanding debt facilities. Therefore, S&P also discontinued our
'B-' issue-level rating and '3' recovery ratings on the company's
first-lien debt.
At the time of the withdrawal, S&P's outlook on Leaf Home was
stable.
LION RIBBON: Hilco Launches Bankruptcy Sale of Former IG Assets
---------------------------------------------------------------
Hilco Global's real estate group is pleased to announce November
10, 2025, as the qualified bid deadline for the bankruptcy sale of
a three-property industrial portfolio totaling 506,000+/- SF across
Pennsylvania, Maryland and South Carolina. Formerly owned and
operated by IG Design Group Americas, Inc., the facilities were
dedicated to the production of ribbons and craft supplies for
leading national retailers.
The portfolio features a diverse geographic footprint in
established logistics and manufacturing hubs with direct access to
major transportation corridors including I-80, I-81, I-70 and I-20.
Each facility offers immediate functionality with investment
upside, providing buyers with flexibility to purchase the
properties individually or as a portfolio.
The first property is located in Berwick, Pennsylvania, at 2015
West Front Street. The site is a 67,845+/- SF turnkey office and
showroom facility with ample surface parking and infrastructure
ready for production, storage or operations. Featuring an out lot
along Front St., this site also allows for a potential commercial
development. With proximity to the newly announced, $20 billion
Amazon data center park, the facility is positioned to benefit from
a growing commercial corridor.
The Hagerstown, Maryland site, located at 857 Willow Circle,
consists of a 283,450+/- SF facility with six dock-high doors and
one drive-in door on 15+/- acres. The property has strong
connectivity, with direct access to the Mid-Atlantic industrial hub
through I-81 and I-70. The site is also approximately 75 miles from
the deepwater Port of Baltimore, providing access to international
trade routes.
The final property, located at 832 Summerland Avenue in
Batesburg-Leesville, South Carolina, is a 154,719+/- SF turnkey
facility on 20.96+/- AC with an adjacent 29.1+/- AC parcel. The
site also features a 76,480 +/- SF basement. Access to US-1, US-178
and I-20 provide connectivity to the Columbia Metropolitan Airport
as well as the Port of Charleston--one of the top ten busiest ports
in the United States. Situated within an Opportunity Zone, this
site's flexible zoning positions it for reuse or redevelopment.
"This portfolio presents investors with scale, geographic diversity
and real value-add potential across three growing markets," said
Jordan Schack, vice president at Hilco Global's real estate group.
"With strong fundamentals in place, including strategic locations,
existing infrastructure and connectivity to key distribution
networks, buyers can capitalize on immediate income opportunities
and long-term growth."
The assets are being sold pursuant to approval by the U.S.
Bankruptcy Court, Southern District of Texas (Houston), Petition
No. 9:25-bk-90165 | In re: IG Design Group Americas, Inc. Bids must
be received no later than November 10, 2025, at 5:00 p.m. (ET),
using the Asset Purchase Agreement (APA) available on Hilco Real
Estate Sale's website. For further information, please contact
Jordan Schack at (847)-504-3297 or jschack@hilcoglobal.com.
For information on the property, sale process and terms or to
obtain access to due diligence documents, please visit
HilcoRealEstateSales.com or call (855) 755-2300.
The sale is being held in cooperation with Thomas R. Ligon, South
Carolina Broker Lic. #17640, The Ligon Company, Lic. #14259 and
Fernando Palacios, Pennsylvania Broker Lic. #RBR003848 and Maryland
Broker Lic. #534177.
About Hilco Global
Hilco Global, a subsidiary of ORIX Corporation USA, is a
diversified financial services company that delivers integrated
professional services and capital solutions that help clients
maximize value and drive performance across the retail, commercial
and industrial, real estate, manufacturing, brand and intellectual
property sectors, and more. Hilco Global provides a range of
customized solutions to healthy, stressed, and distressed companies
to resolve complex situations and enhance long-term enterprise
value. Hilco Global works to deliver the best possible result by
aligning interests with clients and providing strategic advice and,
in many instances, the capital required to complete the deal. Hilco
Global is based in Northbrook, Illinois and has more than 810
professionals operating on four continents. Visit
www.hilcoglobal.com.
About Lion Ribbon Texas Corp.
Lion Ribbon Texas Corp. and affiliates design, manufacture, and
distribute consumer crafting, gifting, and stationery products for
celebrations, hobbies and creative play. They operate globally,
with facilities across North America and supporting operations in
India, Hong Kong, China, the United Kingdom, and Australia. They
supply both branded and private-label products to consumers and
major corporate clients.
The Debtors sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Lead Case No. 25-90164) on July 3, 2025. In
their petitions, the Debtors reported $100 million to $500 million
in assets and liabilities on a consolidated basis.
Judge Christopher M. Lopez handles the cases.
The Debtors are represented by Caroline A. Reckler, Esq., Ray C.
Schrock, Esq., Adam S. Ravin, Esq., Randall Carl Weber-Levine,
Esq., and Meghana Vunnamadala, Esq., at Latham & Watkins, LLP. The
Debtors tapped Huron Consulting Services, LLC as investment banker
and financial advisor; Deloitte Tax, LLP as tax services provider;
Liskow & Lewis, APLC as conflicts counsel; C Street Advisory Group,
LLC as communications advisor; and Kroll Restructuring
Administration, LLC as claims, noticing and solicitation agent.
On July 22, 2025, the Office of the U.S. Trustee appointed an
official committee of unsecured creditors in these Chapter 11
cases. The committee tapped Lowenstein Sandler LLP and Orrick,
Herrington & Sutcliffe LLP as counsel.
LS TRUCKING: Section 341(a) Meeting of Creditors on October 27
--------------------------------------------------------------
On September 22, 2025, L.S. Trucking Inc. filed Chapter 11
protection in the Northern District of California. According to
court filing, the Debtor reports between $1 million and $10
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
A meeting of creditors under 341(a) to be held on October 27, 2025
at 11:30 AM via UST Teleconference Oakland, Call in number:
1-888-330-1716 Passcode: 8324431.
About L.S. Trucking Inc.
L.S. Trucking Inc., based in Newark, California, provides trucking
and transportation services focused on general freight, building
materials, sand, and gravel. The Company operates intrastate with a
fleet of trucks and trailers, serving construction, excavation, and
landscape material transport needs.
L.S. Trucking Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-41750) on September
23, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Charles Novack, Esq. handles the case.
The Debtor is represented by Lars Fuller, Esq. of THE FULLER LAW
FIRM PC.
LUXURY RIDES: Greta Brouphy Named Subchapter V Trustee
------------------------------------------------------
The Acting U.S. Trustee for Region 5 appointed Greta Brouphy, Esq.,
at Heller Draper & Horn, LLC as Subchapter V trustee for Luxury
Rides, LLC.
Ms. Brouphy will be paid an hourly fee of $400 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Brouphy declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Greta M. Brouphy
Heller Draper & Horn, LLC
650 Poydras St., Ste. 2500
New Orleans, LA 70130-6175
Telephone: 504-299-3300-; Fax 504-299-33
Email: gbrouphy@hellerdraper.com
About Luxury Rides LLC
Luxury Rides, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. E.D. La. Case No. 25-12104) on
September 19, 2025, with $100,001 to $500,000 in assets and
liabilities.
Judge Meredith S. Grabill presides over the case.
Patrick S. Garrity, Esq., at The Derbes Law Firm, LLC represents
the Debtor as bankruptcy counsel.
LUXURY RIDES: Hires Derbes Law Firm as Legal Counsel
----------------------------------------------------
Luxury Rides, LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Louisiana to hire Patrick S. Garrity and
The Derbes Law Firm, L.L.C. to serve as legal counsel in its
Chapter 11 case.
The firm will provide these services:
(a) providing legal advice with respect to its powers and
duties as debtor-in-possession in the continued management of its
business and property;
(b) attending meetings with representatives of its creditors
and other parties in interest;
(c) taking all necessary action to protect and preserve the
Debtor's estate, including the prosecution of actions on the
Debtor's behalf, the defense of any action commenced against the
Debtor, negotiations concerning litigation in which the Debtor is
or may become involved, and objections to claims to be filed by the
estate;
(d) preparing on behalf of the Debtor motions, applications,
answers, orders, reports, and papers necessary to the
administration of the estate;
(e) negotiating and preparing on the Debtor's behalf a plan
of reorganization, disclosure statement, and all related agreements
and/or documents, and taking any necessary action on behalf of the
Debtor to obtain confirmation of such plan;
(f) appearing before the Court to protect the interests of
the Debtor;
(g) performing all other necessary legal services and
providing all necessary legal advice in connection with the Chapter
11 case;
(h) advising the Debtor concerning executory contract and
unexpired lease assumptions, assignments and rejections, and lease
restructuring and recharacterizations; and
(i) commencing and conducting litigation necessary to assert
rights, protect assets, or further the Debtor's reorganization.
The Derbes Law Firm, L.L.C. charges hourly rates ranging from $60
to $495 for professionals, including attorneys, legal assistants,
and CPAs. Paralegals bill at $80 per hour. The firm received a
$10,000 retainer, of which $5,193 remains as security for
post-petition services.
The Derbes Law Firm, L.L.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:
Patrick S. Garrity, Esq.
Eric J. Derbes, Esq.
THE DERBES LAW FIRM, L.L.C.
3027 Ridgelake Drive
Metairie, LA 70002
Telephone: (504) 207-0920
Facsimile: (504) 832-0322
E-mail: pgarrity@derbeslaw.com
About Luxury Rides, LLC
Luxury Rides, LLC sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D. La. E.D. Case No. 25-12104) on September
19, 2025.
At the time of the filing, Debtor had estimated assets of between
$100,001 to $500,000 and liabilities of between $100,001 to
$500,000.
Judge Meredith S. Grabill oversees the case.
The Derbes Law Firm, L.L.C. is Debtor's legal counsel.
MAMMOTH INC: Taps Blackwell Burke Fowler as Legal Counsel
---------------------------------------------------------
Mammoth, Inc. seeks approval from the U.S. Bankruptcy Court for the
Southern District of Indiana to hire Blackwell, Burke, Fowler &
Rossow, P.C. to serve as legal counsel in its Chapter 11 Subchapter
V case.
BBFR will provide these services:
(a) preparation of filings and applications and conducting
examinations necessary to the administration of this matter;
(b) advice regarding Debtor's rights, duties, and obligations
as debtor-in-possession;
(c) performance of legal services associated with and
necessary to the day-to-day operations of the business;
(d) negotiation, preparation, confirmation, and consummation
of a plan of reorganization; and
(e) taking any and all other necessary action incident to the
proper preservation and administration of the estate in the conduct
of Debtor's business.
The firm will receive hourly rates of $425 for shareholders, $375
for associates, $175 for paralegals, and $100 for administrative
tasks. BBFR also holds a retainer of $16,088.
Blackwell, Burke, Fowler & Rossow, 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:
Sarah L. Fowler, Esq.
BLACKWELL, BURKE, FOWLER & ROSSOW, P.C.
101 W. Ohio St., Suite 1700
Indianapolis, IN 46204
Telephone: (317) 533-7869
Facsimile: (317) 634-2501
E-mail: sfowler@bbfr.law
About Mammoth Inc.
Mammoth, Inc., doing business as Mammoth Construction, provides
general contracting and construction management services from its
base in Anderson, Indiana. The Company focuses on projects for the
automotive industry, including car washes, dealerships, service
centers, gas stations, and tire shops, while also undertaking
commercial renovations and build-outs.
Mammoth filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-05558) on September
15, 2025, with $7,427,011 in assets and $2,063,375 in liabilities.
Jason L. Marlow, CEO, signed the petition.
Judge Jeffrey J. Graham presides over the case.
Sarah L. Fowler, Esq., at Blackwell, Burke, Fowler and Rossow, P.C.
represents the Debtor as legal counsel.
MARI ARI: Gets Extension to Access Cash Collateral
--------------------------------------------------
Mari Ari International, Inc. received another extension from the
U.S. Bankruptcy Court for the Southern District of Texas, Houston
Division, to use cash collateral.
The court authorized the Debtor to use its cash collateral until
plan confirmation to pay the expenses set forth in its budget,
which projects total operational expenses of $60,028.78.
The Debtor may exceed any line item in the budget by 5% and the
overall budget by 10%.
As adequate protection, pre-bankruptcy secured lenders will
continue to have the same liens, encumbrances and security
interests in the cash collateral generated or created after the
Debtor's Chapter 11 filing, plus the proceeds thereof, as existed
prior to the filing date. These liens are subject and subordinate
to a fee carveout.
The lenders are NewTek Bank, N.A., Mink Hair Ltd, WebBank (CHTD),
Forward Financing, LLC, Legend Advance Funding II, LLC, Square
Capital, LLC, Simply Funding, LLC and the U.S. Small Business
Administration.
The use of cash collateral will immediately cease upon: (a)
conversion of the case to Chapter 7; (b) appointment of a trustee
who removes the Debtor from possession; or (c) a court finding that
the Debtor has violated the terms of the order.
About Mari Ari International Inc.
Mari Ari International, Inc. doing business as Mari Ari Hair, sells
human hair extensions, wigs, and related accessories. The company
operates a retail boutique in Houston, Texas, offering products
and
styling services to individual and professional clients. Its
product line features both synthetic and human hair options with
various styles, colors, and types.
Mari Ari International filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-34029) on July 16, 2025, listing up to $1 million in assets and
up to $10 million in liabilities. Sean Lee, authorized
representative of Mari Ari International, signed the petition.
Judge Eduardo V. Rodriguez oversees the case.
Reese Baker, Esq., at Baker & Associates, represents the Debtor as
legal counsel.
NewTek Bank, N.A., as lender, is represented by:
Lisa A. Powell, Esq.
FisherBroyles, LLP
2925 Richmond, Ave., Suite 1200
Houston, TX 77098
Phone: (713) 955-3302
Fax: (713) 488-9412
lisa.powell@fisherbroyles.com
MAY INTERNATIONAL: Gets Interim OK to Use Cash Collateral
---------------------------------------------------------
May International, Inc. received interim approval from the U.S.
Bankruptcy Court for the Western District of Washington, at
Seattle, to use cash collateral to fund operations.
The court's interim order authorized the Debtor to use cash
collateral through October 27 in accordance with its budget.
As adequate protection for the Debtor's use of its cash collateral,
Washington Federal Bank, a secured creditor, will be granted
replacement liens on the Debtor's post-petition cash, accounts
receivable, inventory, and the proceeds thereof. These replacement
liens will have the same priority and extent as the secured
creditor's pre-bankruptcy liens.
In addition, Washington Federal Bank will receive payment from the
Debtor in the sum of $8,102.16, pursuant to the budget.
The final hearing is scheduled for October 24. Objections are due
by October 17.
May International, operating under the trade name Mitco LTD since
its founding in 1988, historically focused on solving
inefficiencies in U.S. import logistics via a West Coast gateway
model. Expansion into the Los Angeles market ultimately failed due
to COVID-19 disruptions, port congestion, and equipment shortages,
leading to the closure of that facility in early 2025.
Although a return to profitability was initially projected
post-closure, unexpected tariffs and a weak peak import season
further destabilized the Debtor's financial standing. These
cumulative factors forced the Debtor to file for Chapter 11
protection on September 18, 2025.
At the time of filing, the Debtor held approximately $241,000 in
cash and $890,000 in discounted accounts receivable, for a total
estimated cash collateral value of $1.13 million. The Debtor's only
secured lender is Washington Federal Bank, which is owed around
$42,565 on a 2022 loan originally totaling $425,815. The bank has a
perfected security interest in the Debtor's assets.
About May International Inc.
May International, Inc. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-12615) on
September 18, 2025, listing up to $10 million in both assets and
liabilities. Kevin May, chief executive officer of May
International, signed the petition.
Steven M. Palmer, Esq., at Cairncross & Hempelmann, P.S.,
represents the Debtor as legal counsel.
MILLSIDE PLAZA: Case Summary & 11 Unsecured Creditors
-----------------------------------------------------
Debtor: Millside Plaza LLC
1274 49 Street
#302
Brooklyn, NY 11219
Business Description: Millside Plaza LLC leases commercial real
estate, with its main property located at
4004 Route 130 in Delran, New Jersey.
Chapter 11 Petition Date: September 25, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-44642
Judge: Hon. Elizabeth S Stong
Debtor's Counsel: Joel M. Shafferman, Esq.
SHAFFERMAN & FELDMAN LLP
137 Fifth Avenue
9th Floor
New York, NY 10010
Tel: (212) 509-1802
E-mail: shaffermanjoel@gmail.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by David Goldwasser as chief restructuring
officer.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/KNAG4EY/Millside_Plaza_LLC__nyebke-25-44642__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 11 Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Action Plumbing, Inc. Services Rendered $932
7 East Stow Rd
Marlton, NJ 08053
2. BHK Electric, LLC Services Rendered $8,750
1819 Underwood Blvd
Suite 5
Riverside, NJ 08075
3. E & B Associates $866,700
1364 53 Street
Brooklyn, NY 11219
4. Eddie Plumbing Inc. Services Rendered $1,039
PO Box 3054
Riverton, NJ 08077
5. Fair Deal HVAC Services Rendered $2,300
1380 Bryant Street
Rahway, NJ 07065
6. Millside Solar LLC $5,000,500
1465 Lanes Mill Road
Lakewood, NJ 08701
7. One Solution Services Rendered $533
Outdoor Desi
563 N. W. Avenue
Vineland, NJ 08360
8. Township Of Delran $3,005
900 Chester Ave
Riverside, NJ 08075
9. US Lawns Bordentown Services Rendered $35,532
2037 Cedar Lane Ext
Bordentown, NJ 08585
10. Valo Heating & Cooling Services Rendered $3,100
702 Center Street
Apt C
Trenton, NJ 08611
11. Wells Fargo Bank $11,000,000
Nat Asso
c/o Rialto Capital Advis
200 S. Biscayne Blvd
Suite 3550
Miami, FL 33131
MODIVCARE INC: Committee Hires Latham & Watkins as Co-Counsel
-------------------------------------------------------------
The Official Committee of Unsecured Creditors of ModivCare Inc.
seeks approval from the U.S. Bankruptcy Court for the Southern
District of Texas to hire Latham & Watkins LLP as bankruptcy
co-counsel in its Chapter 11 case.
L&W will provide these services:
(a) advise the Debtors with respect to their powers and duties as
debtors in possession in the continued management and operation of
their businesses and properties;
(b) advise and consult on the conduct of the Chapter 11 Cases,
including all of the legal and administrative requirements of
operating in chapter 11;
(c) advise the Debtors and take all necessary action to protect
and preserve the Debtors' estates, including prosecuting actions on
the Debtors' behalf, defending any action commenced against the
Debtors, and representing the Debtors' interests in negotiations
concerning litigation in which the Debtors are involved;
(d) analyze proofs of claim filed against the Debtors and object
to such claims as necessary;
(e) represent the Debtors in connection with obtaining authority
to continue using cash collateral and obtaining postpetition
financing;
(f) attend meetings and negotiate with representatives of
creditors, interest holders, and other parties in interest;
(g) analyze executory contracts and unexpired leases, and
potential assumptions, assignments, or rejections of such contracts
and leases;
(h) prepare pleadings in connection with the Chapter 11 Cases,
including motions, applications, answers, orders, reports, and
papers necessary or otherwise beneficial to the administration of
the Debtors' estates;
(i) advise the Debtors in connection with any potential sale of
assets;
(j) take necessary action on behalf of the Debtors to obtain
approval of a disclosure statement and confirmation of a chapter 11
plan;
(k) appear before this Court or any appellate courts to protect
the interests of the Debtors' estates before those courts;
(l) advise on corporate, litigation, regulatory, finance, tax,
employee benefits, and other legal matters; and
(m) perform all other necessary legal services for the Debtors in
connection with the Chapter 11 Cases.
According to filings, Latham & Watkins' hourly rates vary with the
experience and seniority of the individuals assigned and are
subject to periodic adjustments. During the 90-day period prior to
the Petition Date, the firm received $9,197,681.40 for services
performed and expenses incurred, with a remaining balance of
approximately $842,375 held as a fee advance.
Latham & Watkins LLP is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code, according to court
filings.
Pursuant to paragraph D, section 1 of the Revised U.S. Trustee
Guidelines, Latham & Watkins responds to the questions set forth
therein as follows:
Question: Did the firm agree to any variations from or alternatives
to its standard billing arrangements?
Answer: No.
Question: Do any professionals in this engagement vary their rates
based on geographic location?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose billing terms and whether they changed
postpetition.
Answer: Billing terms remained unchanged, except for the
postpetition discount on non-working travel time and application of
rate ranges to certain lawyers.
Question: Has the client approved the prospective budget and
staffing plan?
Answer: Yes. The Debtors approved the firm’s budgeted fees and
expenses as included in the 13-week cash flow budget under the
Interim DIP Financing Order.
The firm can be reached at:
Latham & Watkins LLP
811 Main Street, Suite 3700
Houston, TX 77002
United States
Telephone: (713) 546-5400
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.
MODIVCARE INC: Committee Taps Hunton Andrews as Co-Counsel
----------------------------------------------------------
ModivCare Inc. and its debtor affiliates seek approval from the
U.S. Bankruptcy Court for the Southern District of Texas to employ
Hunton Andrews Kurth LLP as bankruptcy co‑counsel in their
Chapter 11 cases.
Hunton will provide these services:
(a) advise the Debtors with respect to their powers and
duties as debtors in possession in the continued management and
operation of their business;
(b) advise and consult on the conduct of the Chapter 11
Cases, including all of the legal and administrative requirements
of operating in chapter 11;
(c) attend meetings and negotiate with representatives of
creditors and other parties in interest;
(d) take all necessary actions to protect and preserve the
Debtors' estates, including prosecuting actions on the Debtors'
behalf, defending actions commenced against the Debtors, and
representing the Debtors in negotiations concerning litigation,
including objections to claims filed against the Debtors' estates;
(e) prepare pleadings in connection with the Chapter 11
Cases, including motions, applications, answers, draft orders,
reports and other documents necessary or beneficial to the
administration of the Debtors' estates;
(f) represent the Debtors in connection with obtaining
authority to use cash collateral and postpetition financing;
(g) appear before the Court and any appellate courts to
represent the interests of the Debtors' estates;
(h) take any necessary actions to negotiate, prepare and
obtain approval of a disclosure statement and confirmation of a
chapter 11 plan and all related documents;
(i) advise the Debtors in connection with any sale of
assets;
(j) provide non‑bankruptcy services as requested by the
Debtors; and
(k) perform all other necessary legal services in connection
with the Chapter 11 Cases, including (i) analysis of leases and
executory contracts (assumption, rejection or assignment), (ii)
analysis of the validity of liens, and (iii) advice on corporate
and litigation matters, including pending and threatened litigation
and resolution of claims.
Hunton shall be paid hourly rates for professional services
rendered. The current 2025 hourly rates are:
Timothy A. Davidson II (Partner) - $1,405
Joseph P. Rovira (Partner) - $1,250
Ashley L. Harper (Partner) - $1,155
Philip M. Guffy (Associate) - $995
Catherine Rankin (Associate) - $895
Brandon Bell (Associate) - $795
Kaleb Bailey (Associate) - $690
The Debtors also will reimburse Hunton for all actual
out‑of‑pocket expenses incurred, in accordance with the
Engagement Letter. Hunton will maintain detailed, contemporaneous
records of time and expenses, and submit applications for
compensation under sections 330 and 331 of the Bankruptcy Code, the
Bankruptcy Rules, local rules, and any interim compensation order.
Before the Petition Date, the Debtors paid Hunton $378,612.00
(advance retainer of $250,000.00 plus $128,612.00 prepayment of
estimated filing fees).
Hunton invoiced and was paid $232,654.50 in fees and $123,398.00 in
expenses; as of the Petition Date, Hunton holds $22,559.50 on
account.
Hunton is a "disinterested person" within the meaning of section
101(14) of the Bankruptcy Code (as modified by section 1107(b)) and
does not hold or represent an interest adverse to the Debtors'
estates.
Pursuant to paragraph D, section 1 of the Revised U.S. Trustee
Guidelines, Hunton responds to the questions set forth therein as
follows:
Question: Did Hunton agree to any variations from, or alternatives
to, Hunton's standard or customary billing arrangements for this
engagement?
Answer: No.
Question: Do any of the Hunton professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No.
Question: If you represented the Debtors in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If billing rates and material
financial terms have changed post‑petition, explain the
difference.
Answer: Hunton's billing rates and material financial terms for its
prepetition engagement are set forth in the Engagement Letter.
Hunton's billing rates and material financial terms have not
changed postpetition.
Question: Have the Debtors approved Hunton's prospective budget and
staffing plan, and, if so for what budget period?
Answer: Hunton has not prepared a budget and staffing plan.
The firm can be reached at:
Hunton Andrews Kurth LLP
600 Travis Street, Suite 4200
Houston, TX 77002
Telephone: (713) 220-4200
Facsimile: (713) 220-4285
About ModivCare Inc.
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.
MODIVCARE INC: Committee Taps Moelis & Company as Investment Banker
-------------------------------------------------------------------
The Official Committee of Unsecured Creditors in the Chapter 11
case of ModivCare Inc. seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas to retain Moelis & Company
LLC as its investment banker and placement agent, effective as of
the Petition Date.
Moelis & Company will perform these services:
(a) assist counsel in reviewing and analyzing the Debtors'
operations, financial condition, business plan, liquidity profile,
and capital structure under various scenarios;
(b) advise on and assist in the preparation of an information
memorandum or offering document for a potential Transaction;
(c) assist in assembling and organizing a virtual data room;
(d) assist in developing a strategy to effectuate any
Transaction(s), including financing alternatives;
(e) assist in identifying and contacting potential purchasers
in a Capital Transaction and providing them appropriate
information;
(f) meet with the Board of Directors or any committee thereof
to discuss the matters and their financial implications;
(g) assist in reviewing and analyzing any potential
Transaction;
(h) assist in negotiating any Transaction;
(i) advise on the terms of securities offered in any potential
Capital Transaction;
(j) provide testimony and participate in depositions or other
discovery, if needed; and
(k) provide other financial advisory and investment banking
services as mutually agreed in writing.
Moelis will be compensated at these fees:
- A Monthly Fee of $200,000
- A Restructuring Fee of $10,000,000 upon closing of a
Restructuring
- Bank Amendment Fees of $500,000 to $800,000, depending on
scope
- Capital Transaction Fees based on a percentage of capital
raised:
-- 4.0% of equity raised
-- 2.0% of unsecured debt
-- 1.0% of secured debt, including DIP financing (new
money only)
Moelis & Company LLC is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Zul Jamal
Moelis & Company LLC
399 Park Avenue, 5th Floor
New York, NY 10022
Telephone: (212) 883-3800
Facsimile: (212) 880-4260
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.
MODIVCARE INC: Taps Ernst & Young as Services Provider
------------------------------------------------------
ModivCare Inc. seeks approval from the U.S. Bankruptcy Court for
the Southern District of Texas to hire Ernst & Young LLP to serve
as its tax, consulting, accounting and valuation services provider
in its Chapter 11 case.
Ernst & Young LLP will provide these services:
(a) prepare federal and state income tax returns for ModivCare
and its subsidiaries for tax year ending December 31, 2024;
(b) prepare property tax returns, sales and use tax returns,
and provide unclaimed property tax compliance services;
(c) prepare tax provision calculations for Q3 and Q4 2025;
(d) provide tax advisory services including R&D Credit and
Section 174 Study, sales and use tax nexus analysis, and routine
on-call advice;
(e) assist with bankruptcy tax structuring and debt impacts
including review of cancellation of debt and Section 382 matters;
(f) provide internal audit/SOX consulting and IT compliance
support; and
(g) provide accounting and valuation services including fresh
start accounting under ASC 805, goodwill impairment valuation, and
financial accounting advisory.
Fees are structured as both fixed and hourly, depending on the
service. Hourly rates for certain advisory services range from $315
to $1,550, depending on professional level. Fixed fees for specific
services include $309,000 for tax return preparation, $575,000 for
fresh start accounting valuation, and $754,990 annually for SOX
consulting. EY will also be reimbursed for reasonable out-of-pocket
expenses.
According to court filings, Ernst & Young LLP is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Ernst & Young LLP
5 Houston Center
1401 McKinney St, Suite 2400
Houston, TX 77010
Telephone: (713) 750-1500
About ModivCare Inc.
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.
MONTEREY BAY: Gina Klump Named Subchapter V Trustee
---------------------------------------------------
The U.S. Trustee for Region 17 appointed Gina Klump, Esq., at the
Law Office of Gina R. Klump, as Subchapter V trustee for Monterey
Bay Horsemanship & Therapeutic Center.
Ms. Klump will be paid an hourly fee of $525 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Klump declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Gina Klump, Esq.
Law Office of Gina R. Klump
11 5th Street, Suite 102
Petaluma, CA 94952
Phone: (707) 778-0111
Email: gklump@klumplaw.net
About Monterey Bay Horsemanship & Therapeutic
Monterey Bay Horsemanship & Therapeutic Center sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Calif.
Case No. 25-51429) on September 16, 2025, with $100,001 to $500,000
in assets and liabilities.
Judge M. Elaine Hammond presides over the case.
Marc Voisenat, Esq., at the Law Offices of Marc Voisenat represents
the Debtor as bankruptcy counsel.
MOORE HOLDINGS: Gets Extension to Access Cash Collateral
--------------------------------------------------------
Moore Holdings, LLC received another extension from the U.S.
Bankruptcy Court for the Eastern District of California, Sacramento
Division, to use cash collateral.
The bankruptcy court extended the Debtor's authority to use cash
collateral until December 31, subject to a 10% variance.
The court also approved modifications to the Debtor's monthly
budget plan.
As adequate protection, creditors with an interest in the cash
collateral were granted replacement liens on post-petition
proceeds, with the same validity, priority and extent as their
pre-bankruptcy liens.
All surplus cash collateral must be maintained in a separate cash
collateral account and
must be separately accounted for by Debtor.
A copy of the order is available at https://is.gd/d4BBjx
About Moore Holdings LLC
Moore Holdings, LLC is a single asset real estate company
headquartered in Roseville, California.
Moore Holdings sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-20053) on January 8,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Ronald H. Sargis handles the case.
Stephan M. Brown, Esq., at The Bankruptcy Group, P.C. represents
the Debtor as legal counsel.
NEED SPACE MONTEITH: Voluntary Chapter 11 Case Summary
------------------------------------------------------
Debtor: Need Space Monteith, LLC
8888 Midsouth Drive, Suite 16
Olive Branch, MS 38654
Business Description: Need Space Monteith, LLC, operating in Olive
Branch, provides self-storage units for
personal and small business use, including
climate-controlled options and security
features.
Chapter 11 Petition Date: September 25, 2025
Court: United States Bankruptcy Court
Northern District of Mississippi
Case No.: 25-13184
Debtor's Counsel: John Keith Perry, Jr., Esq.
PERRY GRIFFIN, PC
5699 Getwell Road
Southaven MS 388672
Tel: (662) 536-6868
Email: jkp@perrygriffin.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Marion Threatt as member.
The petition was filed without the Debtor's list of its 20 largest
unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/5FYYZ7I/Need_Space_Monteith_LLC__msnbke-25-13184__0001.0.pdf?mcid=tGE4TAMA
NEWBURY PALACE: Taps Amanda Brendell as Accountant
--------------------------------------------------
Newbury Palace Pizza, LLC seeks approval from the U.S. Bankruptcy
Court for the District of New Hampshire to hire Amanda Brendell,
CPA, of Sutton, NH, to serve as accountant in its Chapter 11 case.
Ms. Brendell will provide these services:
(a) prepare federal and state tax returns for the years ending
December 31, 2022, December 31, 2023, and December 31, 2024;
(b) prepare the Balance Sheet and Profit and Loss for the
Debtor;
(c) assist with bookkeeping, monthly operating reports, and
preparation of projections for the Debtor;
(d) handle any matters with the Internal Revenue Service
and/or the State of New Hampshire on behalf of the Debtor; and
(e) perform all other accounting and income tax preparation
services for the Debtor as Debtor-in-Possession, which may be
necessary herein.
The Debtor seeks to employ Ms. Brendell at normal billing rates.
Ms. Brendell will not be paid by the Debtor for the preparation of
the tax returns for the IRS and the State of New Hampshire,
effective January 1, 2025, and related bookkeeping duties.
Amanda Brendell, CPA, is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
She can be reached at:
Amanda Brendell, CPA
272 Newbury Road
Sutton, NH 03221
Telephone: (603) 986-9733
E-mail: Adeza84@gmail.com
About Newbury Palace Pizza, LLC
Newbury Palace Pizza, LLC sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D.N.H. Case No. 25-10453)
on June 30, 2025. At the time of filing, the Debtor estimated
$50,000 in assets and $100,001 to $500,000 in liabilities.
Honorable Judge Kimberly Bacher oversees the case.
The Debtor is represented by Eleanor Wm. Dahar, Esq. at Victor W.
Dahar Professional Association.
NORTHERN OIL: Fitch Rates New Sr. Unsecured Notes Due 2033 'BB-'
----------------------------------------------------------------
Fitch Ratings has assigned Northern Oil and Gas, Inc.'s (NOG,
BB-/Stable) proposed senior unsecured notes due 2033 a rating of
'BB-' with a Recovery Rating of 'RR4'. The company intends to use
the net proceeds from the notes issuance, together with cash on
hand and/or borrowings under its RCF, to repurchase its outstanding
2028 notes under a tender offer, and to pay all associated fees due
or incurred in connection with this redemption. Any remaining net
proceeds are expected to be used for general corporate purposes,
which may include repayment of a portion of the outstanding
borrowings under its RCF.
NOG's 'BB-' ratings and Stable Outlook reflect Fitch's expectation
of continued credit-friendly M&A activity and positive FCF
generation, secured by the company's strong hedging program. Fitch
expects NOG to use FCF to reduce gross debt, leading to improved
credit metrics and liquidity.
Key Rating Drivers
Leverage-Neutral Notes Issuance: Fitch believes NOG's proposed
senior unsecured note issuance is neutral to the credit profile.
The notes issuance is expected to facilitate the repayment of the
2028 notes, subject to the tender offer, and will also extend the
company's maturity profile, which Fitch views favorably.
Accretive, Leveraging but Diversifying Acquisitions: Fitch views
NOG's recently announced acquisitions positively due to the
credit-conscious funding mix, incremental size and diversification
into new basins. The company's acquisitions through April 2025 have
been conservatively funded through a combination of common equity,
cash on hand and debt with modest borrowings under reserve-based
lending (RBL). In June 2025, NOG termed out part of its RBL
borrowings by upsizing its senior unsecured convertible notes to
$700 million from $500 million.
Overall, NOG is committed to paying down debt after acquisitions.
Fitch believes acquisitions will continue to be a part of the
company's growth strategy and expects management will continue to
fund transactions in a credit-neutral manner.
Favorable Capital Deployment Flexibility: Fitch believes that NOG's
flexibility with well participation and capital expenditure (capex)
allows for economic-driven decisions and improves overall returns.
The company retains the ability to decline participation in
uneconomic or lower-return wells, even in some cases within a
multi-well, multi-reservoir development, to help optimize returns.
Lower Costs, Adequate Reserve Life: NOG does not have rig, drilling
or midstream contracts as a non-operator, and has no personnel at
the field level, which limits corporate operational and financial
obligations and brings lower per-unit general and administrative
costs. NOG has historically maintained about six years of proved,
developed and producing reserve life, which Fitch expects to
increase over time because of NOG's acquisitive nature.
Joint Venture Acquisitions: Fitch views the recent joint venture
acquisitions positively, considering they provide more involvement
with proven operators and a line of sight into future organic
development opportunities. The five acquisitions—MPDC, Forge,
Novo, Point and XCL—are joint ventures with proven operators,
which now account for approximately 25% of 2025 production. A
cooperation and joint development agreement around areas of mutual
interest governs these partnerships, ensuring interests are
aligned.
Favorable Liquidity, Capital Management: NOG's close relationship
with its operators and the long lead times from the initial
new-well development evaluation, investment decision and budget,
typically a year in advance, provide visibility on future capital
needs. In conjunction with NOG's hedging policy, these help reduce
overall liquidity risk despite the inability to control well timing
and completion. Fitch views these characteristics favorably and
does not forecast material near-term liquidity needs in the base
case following the XCL acquisition.
18-Month Rolling Hedge Program: Fitch views NOG's hedging
positively as it provides FCF certainty, which supports repayment
of debt as well as the base dividend. The company has historically
maintained a strong hedge book and expects to hedge approximately
60% of total production on a rolling 18-month basis. It has about
70% of oil production hedged at an average price of $71.69 per
barrel (bbl) for the remainder of 2025 and around 60% of gas
production hedged at an average price of $3.81 per million British
Thermal Units (MMBtu).
Positive FCF; Sub-2.0x Leverage: Fitch forecasts positive FCF of
approximately $100 million in 2025 and $70 million in 2026,
assuming West Texas Intermediate (WTI) oil prices of $65/bbl and
$60/bbl, respectively. Fitch believes EBITDA leverage will moderate
to around 2.0x over the forecast period, based on Fitch's oil and
gas price assumptions.
Moderating Shareholder Returns: Fitch believes NOG can maintain
shareholder returns with its liquidity and credit metrics, given
the company's increasing size, scale and a positive FCF profile
supported by a rolling hedge program. NOG increased the dividend
quarter-on-quarter from $0.03 per share in 2Q21 to $0.45/share in
1Q25. In addition, NOG has completed share buybacks of
approximately $50 million in 1H25 and $94 million in 2024.
Peer Analysis
NOG is a leading non-operator exploration and production (E&P)
company focused in the Permian, Williston, Appalachia and Uinta
Basins with 2Q25 production of 134,000 barrels of oil equivalent
per day (Mboepd).
NOG's production size is larger than that of offshore producer
Talos Energy Inc. (Talos Energy; B/Positive), with production of
93.3 mboepd. However, it is smaller than Crescent Energy Company
(Crescent Energy; BB-/Positive), with approximately 400 mboepd of
pro forma production expected following its announced Vital Energy
acquisition, and SM Energy Company (SM Energy; BB/Stable), with 209
mboepd production in 2Q25.
In its cost structure at 2Q25, NOG's Fitch-calculated unhedged cash
netback of $29.6 per barrel of oil equivalent (boe) (63% margin) is
stronger than Crescent Energy's $16.5/boe (46% margin), SM Energy's
$25.8/boe (62% margin), and Talos Energy's $25.4/boe (51% margin).
Fitch expects NOG to maintain a sub-2.0x EBITDA leverage profile as
it allocates FCF toward repayment of the RBL facility and then
toward shareholder returns.
Key Assumptions
- WTI prices of $65/bbl in 2025, $60/bbl in 2026 and 2027, and
$57/bbl thereafter;
- Henry Hub prices of $3.40 per thousand cubic feet (mcf) in 2025,
$3.50/mcf in 2026, $3.00/mcf in 2027, and $2.75/mcf thereafter;
- Assumed no additional acquisitions than announced in 2025 with
acquisitions of $25 million annually thereafter;
- Assumed the midpoint of NOG's guidance in 2025 and low- to
mid-single digit production growth thereafter;
- Capex grows to $1.1 billion in 2025 and decreases to $950 million
per year in outer years of the forecast period;
- Prioritization of forecast FCF toward repayment of the RBL
facility with a drawdown in the outer years.
- A marginal increase in dividends going forward.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Inability to generate FCF and reduce outstanding gross debt that
leads to mid-cycle EBITDA leverage sustained above 3.0x;
- Total production sustained below 100 mboepd and erosion of the
reserve base;
- Limited financial flexibility and/or an inability to maintain
access to capital markets.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Consistent FCF generation with proceeds used to reduce gross debt
that leads to mid-cycle EBITDA leverage sustained below 2.0x;
- Consistent track record of reserve replacement and total
production sustained above 175mboepd.
Liquidity and Debt Structure
Fitch does not see material near-term liquidity needs, given NOG's
operational and liquidity flexibility. Fitch believes NOG's
forecast FCF generation supports repayment of the RBL facility. At
June 30, 2025, the RBL borrowing base was $1.8 billion and the
elected commitment was $1.6 billion following the upsize from $1.5
billion in April 2025. Along with the upsizing of the convertible
notes in June 2025 to $700 million from $500 million, NOG has
approximately $1.1 billion in liquidity. Pro forma these two
transactions as of 2Q25, NOG had $480 million drawn under the RBL
facility and cash on hand of $33.6 million.
The RBL facility is subject to a semi-annual borrowing base
redetermination in addition to financial covenants, including a
maximum total net leverage ratio of below 3.50x and a minimum
current ratio of at least 1.0x.
NOG's maturity schedule remains light with no maturities until the
RBL facility matures in June 2027. Following the proposed notes
issuance and 2028 notes tender, the next material maturity is the
company's $700 million convertible note comes due in 2029 (upsized
in June 2025 from $500 million).
Issuer Profile
Northern Oil and Gas, Inc. is a leading non-operator exploration
and production company in the U.S. focused on the Williston,
Permian, Appalachia and Uinta Basins.
Date of Relevant Committee
17-Jul-2025
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
Northern Oil and
Gas, Inc.
senior unsecured LT BB- New Rating RR4
NORTHERN OIL: Moody's Rates New Senior Unsecured Notes 'B1'
-----------------------------------------------------------
Moody's Ratings assigned B1 rating to Northern Oil and Gas, Inc.'s
(NOG) proposed offering of senior unsecured notes. NOG's existing
ratings, including its Ba3 Corporate Family Rating, Ba3-PD
Probability of Default rating, as well as its speculative grade
liquidity, SGL-2, and B1 rating on the existing senior unsecured
notes, and stable outlook are unchanged.
The company will use proceeds from the proposed notes offering to
redeem its senior unsecured notes due 2028 and repay a portion of
the amounts outstanding under its $1.6 billion senior secured
credit facility.
RATINGS RATIONALE
NOG's senior unsecured notes are rated B1, one notch below the
company's Ba3 CFR reflecting significant size and the priority
claim of its borrowing base senior secured credit facility that is
secured by most of NOG's assets.
NOG's Ba3 CFR reflects the company's enhanced scale and basin
diversification, balanced financial policies with moderate
leverage, and active hedging strategy with a rolling target of
hedging roughly 60% or more of its anticipated next 18-month
production. The rating also incorporates its large capital
expenditure and investment program, track record of debt-funded
acquisitions and lack of operational control and dependence on its
operating partners.
NOG's 2025 production is expected to exceed 130 thousand barrels of
oil equivalent (boe) per day, with oil accounting for more than 56%
of production and natural gas for the remainder. The Permian basin
represented around 46% of the company's total production in 2024,
up from 19% in 2021, with the majority of growth capital spending
focused in the Permian basin.
The company's production mix together with its hedges in place at
prices comfortably above its cost structure provide good visibility
into cash flow. Moody's expects NOG's retained cash flow (RCF) to
debt ratio to remain robust into 2026.
NOG's growth strategy is focused on participating in operator
initiated wells and executing bolt-on acquisitions, requiring a
high degree of financial flexibility.
NOG's SGL-2 rating reflects its good liquidity. At 2Q25, NOG had
$26 million of cash and around $1.1bn available under its revolver
facility. The company's revolver has a borrowing base of $1.8
billion, with an elected commitment of $1.6 billion. The revolver's
financial covenants include a maximum net debt to EBITDAX ratio of
3.5x, and a minimum current ratio of 1x. The current ratio
calculation allows certain adjustments and the inclusion of unused
amounts of the total bank commitments. Moody's expects the company
to maintain substantial headroom under the financial covenants
through-2026. Substantially all of the company's assets are pledged
as security under the credit facility, which limits the extent to
which asset sales can provide a source of additional liquidity.
NOG's stable outlook reflects the company's ability to grow
production and generate meaningful free cash flow, excluding
acquisitions, likely leading to stable to modestly improving
leverage metrics.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if NOG generates consistent free cash
flow including acquisitions, while balancing leverage and any
shareholder returns in line with actual results and cash flow, the
company strengthens its business profile by significantly enhancing
its scale with strong operators, it maintains conservative
financial policies, and sustains good credit metrics with its RCF
to debt maintained above 50%.
The ratings could be downgraded if production volumes materially
decline, RCF to debt falls below 25%, liquidity deteriorates
significantly or the company borrows to fund acquisitions or
shareholder returns causing debt to grow materially faster than
cash flow.
Northern Oil and Gas, Inc., headquartered in Minnetonka, Minnesota,
is a publicly traded company that owns non-operated working
interests in oil and gas wells and acreage in the Williston Basin,
Permian Basin, Marcellus Shale and Uinta Basin.
The principal methodology used in these ratings was Independent
Exploration and Production published in December 2022.
NU RIDE: Alexander Matina Named CEO After Chapter 11 Exit
---------------------------------------------------------
Nu Ride Inc., formerly known as Lordstown Motors Corp., announced
that its Board of Directors has appointed Board member Alexander
Matina as Chief Executive Officer, effective immediately. Mr.
Matina succeeds William Gallagher, who served as CEO since the
Company's emergence from Chapter 11 proceedings in March 2024, in
accordance with the engagement letter between the Company and M3
Partners, LP pursuant to which M3 Partners agreed to provide the
Company with executive management and support services, including
through Mr. Gallagher.
Mr. Matina brings extensive leadership and public company
experience, as well as decades of experience with strategic
transactions. He is currently the Managing Member of LANECR
Consulting LLC and previously served in various leadership roles,
including Portfolio Manager at MFP Investors LLC. He also has
served as a Director of several public and private companies.
Andrew L. Sole, Chairman of the Board, remarked, "The Board is very
pleased to welcome Alex to the CEO role. After careful
consideration, the Board has determined now is the right time for a
leadership transition. Nu Ride has made tremendous progress since
emerging from Chapter 11 in March 2024, and the Board has
confidence that Alex will help lead the Company as it looks to move
forward in new directions."
"On behalf of the full Board and all our stakeholders, I also want
to thank Bill for his leadership and the role he and M3 Partners
have played in guiding the Company following its emergence from
bankruptcy. We are grateful to Bill for his many contributions to
the Company and wish him all the best in his future endeavors and
look forward to continuing to work with M3."
Additional information about the Company is available on the
Company's website (www.nurideinc.com) and in the Company's filings
with the U.S. Securities and Exchange Commission, available at
www.sec.gov/edgar.
About Lordstown Motors Corp.
Lordstown Motors Corp. -- http://www.lordstownmotors.com/-- was an
electric vehicle OEM developing innovative light duty commercial
fleet vehicles, with the Endurance all electric pickup truck as its
first vehicle. It has engineering, research and development
facilities in Farmington Hills, Mich. and Irvine, Calif.
On June 27, 2023, Lordstown Motors Corp. and two affiliated debtors
filed voluntary petitions for relief under Chapter 11 of the
Bankruptcy Code (Bankr. D. Del. Lead Case No. 23-10831). Judge Mary
F. Walrath presided over the cases.
The Debtors tapped White & Case, LLP and Richards, Layton & Finger,
P.A., as bankruptcy counsels; Baker & Hostetler, LLP as special
counsel; Jefferies, LLC as investment banker; KPMG, LLP as auditor;
and Silverman Consulting as restructuring advisor. Kurtzman Carson
Consultants, LLC is the Debtors' claims and noticing agent and
administrative advisor.
The U.S. Trustee for Regions 3 and 9 appointed an official
committee to represent unsecured creditors in the Debtors' Chapter
11 cases. The committee tapped Troutman Pepper Hamilton Sanders,
LLP, as legal counsel and Huron Consulting Group Inc. as financial
advisor.
In October 2023, Lordstown Motors received Bankruptcy Court
approval to sell its manufacturing assets to a new company
affiliated with its founder and former CEO Stephen Burns for $10.2
million. LAS Capital, majority-owned by Burns, acquired the
Debtors' intellectual property, business records, and machinery
including assembly lines for electric vehicle motors an batteries.
The Debtors later renamed to Nu Ride Inc.
The Court on March 6, 2024, confirmed the Debtors' Third Modified
First Amended Joint Chapter 11 Plan. The Plan was declared
effective on March 14, 2024.
ODM TRUCK: Gets Extension to Access Cash Collateral
---------------------------------------------------
ODM Truck, Inc. received third interim approval from the U.S.
Bankruptcy Court for the Middle District of Florida, Tampa
Division, to use cash collateral to pay its operating expenses.
The third interim order authorized the Debtor to use cash
collateral, including cash, deposit accounts, accounts receivable
and business proceeds pending a further hearing to be conducted on
November 4.
The Debtor's budget projects total operational expenses of
$472,448.28 for the period from July to September.
As adequate protection, Synovus Bank and merchant cash advance
lenders will be granted replacement liens on assets similar to
their pre-bankruptcy collateral, with the same validity, priority
and extent as their pre-bankruptcy lien.
In addition, the Debtor was authorized to pay $5,000 to Synovus
Bank on October 1 and November 1, $5,000 to LCF Group, Inc., with
such authorization retroactive to July 29.
The Debtor was ordered to maintain insurance coverage for the
collateral in accordance with its obligations under the loan and
security agreements with secured creditors.
About ODM Truck Inc.
ODM Truck, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04841) on July 16,
2025, listing up to $10 million in both assets and liabilities.
Yanet Gonzalez Fernandez, president of ODM Truck, signed the
petition.
Judge Catherine Peek McEwen oversees the case.
Alberto F. Gomez, Jr., Esq., at Johnson, Pope, Bokor, Ruppel &
Burns, LLP, represents the Debtor as legal counsel.
Synovus Bank, as secured creditor, is represented by:
Lara Roeske Fernandez, Esq.
Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A.
101 East Kennedy Boulevard, Suite 2700
Tampa, FL 33602
Tel: (813) 223-7474
Fax: (813) 229-6553
lfernandez@trenam.com
OLD STONE: Hires Harris Law Practice as Bankruptcy Counsel
----------------------------------------------------------
Old Stone House Gift & Garden, LLC seeks approval from the U.S.
Bankruptcy Court for the District of Nevada to hire Harris Law
Practice LLC as its general bankruptcy counsel.
The firm's services include:
a) examining and preparing of documents and reports as
required by the Bankruptcy Code, Federal Rules of Bankruptcy
Procedure and Local Bankruptcy Rules;
b) preparing applications and proposed orders to be submitted
to the Court;
c) identifying and prosecuting claims and causes of action
assertable by Debtor on behalf of the estate;
d) examining of proofs of claim anticipated to be filed and
the possible prosecution of objections to certain claims;
e) advising the Debtor and preparing documents in connection
with the contemplated ongoing operation of the Debtor's business;
f) assisting and advising the Debtor in performing other
official functions as set forth in Section 521, et seq., of the
Bankruptcy Code; and
g) advising and preparing a plan of reorganization, and
related documents, and confirmation of said plan, as provided in
Section 1189, et seq., of the Bankruptcy Code.
The firm will be paid at these hourly rates:
Stephen R. Harris, Esq. $635
Norma Guariglia, Esq. $525
Paraprofessional services $175
The firm received a prepetition advance retainer of $1,738 to cover
the cost of the chapter 11 petition filing fee.
Stephen R. Harris, Esq., a partner at Harris Law Practice, assured
the court that his firm is a "disinterested person" within the
meaning of 11 U.S.C. 101(14).
The counsel can be reached through:
Stephen R. Harris, Esq.
Harris Law Practice LLC
850 E. Patriot Blvd., Suite F
Reno, NE 89511
Tel: (775) 786-7600
Fax: (775) 786-7764
Cell: (775) 690-9120
Email: steve@harrislawreno.com
About Old Stone House Gift & Garden
Old Stone House Gift & Garden, LLC filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. D. Nev. Case No.
25-50787) on August 27, 2025, with $100,001 to $500,000 in assets
and liabilities.
Judge Hilary L. Barnes presides over the case.
Stephen R. Harris, Esq., at Harris Law Practice, LLC represents the
Debtor as bankruptcy counsel.
OLIVER PARK: Hires Rountree Leitman Klein & Geer as Attorney
------------------------------------------------------------
Oliver Park Apartments, LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Georgia to hire Rountree,
Leitman, Klein & Geer, LLC as its attorneys.
The firm's services include:
a. giving the Debtor legal advice with respect to its powers
and duties as Debtor-in-Possession in the management of its
property;
b. preparing on behalf of the Debtor as Debtor-in-Possession
necessary schedules, applications, motions, answers, orders,
reports and other legal matters;
c. assisting in examination of the claims of creditors;
d. assisting with formulation and preparation of the
disclosure statement and plan of reorganization and with the
confirmation and consummation thereof; and
e. performing all other legal services for the Debtor as
Debtor-in-Possession that may be necessary.
The firm will be paid at these hourly rates:
Attorney:
William A. Rountree $595
Will B. Geer $595
Michael Bargar $535
Hal Leitman $425
William Matthews $425
David S. Klein $495
Elizabeth Childers $395
Ceci Christy $425
Caitlyn Powers $375
Shawn Eisenberg $300
Paralegals:
Dorothy Sideris $200
Elizabeth Miller $290
Megan Winokur $175
Catherine Smith $150
Law Clerk $175
Rountree received a pre-petition retainer of $30,000 from the
Debtor.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Rountree disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
William A. Rountree, Esq.
Caitlyn Powers, Esq.
ROUNTREE LEITMAN KLEIN & GEER, LLC
Century Plaza I
2987 Clairmont Road, Suite 350
Atlanta, GA 30329
Telephone: (404) 584-1238
Email: wrountree@rlkglaw.com
cpowers@rlkglaw.com
About Oliver Park Apartments, LLC
Oliver Park Apartments, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ga. Case No.
25-60028) on September 1, 2025, listing up to $50,000 in assets and
$1,000,001 to $10 million in liabilities.
William A. Rountree, Esq. at Rountree Leitman Klein & Geer, LLC
represents the Debtor as counsel.
OLIVER PARK: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------
The U.S. Trustee for Region 21 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Oliver Park Apartments, LLC.
About Oliver Park Apartments
Oliver Park Apartments LLC leases residential real estate
properties.
Oliver Park Apartments sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-60028) on September 1,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
The Debtor is represented by William Rountree, Esq., at Rountree,
Leitman, Klein & Geer, LLC.
OPENLANE INC: Moody's Affirms B1 CFR, Outlook Stable
----------------------------------------------------
Moody's Ratings affirmed the B1 corporate family rating and B1-PD
probability of default rating of OPENLANE, Inc. (OPENLANE). Moody's
also downgraded the senior secured bank credit facility to B1 from
Ba2 and assigned a B1 rating to the new senior secured first lien
incremental term loan B the company announced earlier. The company
will use the proceeds of the new term loan to fund the retirement
of a portion of its convertible preferred stock. The outlook
remains stable. The speculative grade liquidity rating remains
SGL-1.
The affirmation of the B1 corporate family rating reflects the
steady performance afforded by OPENLANE's leading position in the
digital marketplace for wholesale vehicle auctions. The affirmation
also reflects the company's supportive credit metrics including an
EBITA margin of about 20% and free cash flow to debt of about 8.5%
and its prudent management of its floorplan funding business.
The downgrade of the senior secured rating reflects that the bank
credit facility including the new incremental term loan B
represents the entirety of the debt claims Moody's includes in
Moody's Loss Given Default waterfall. The downgrade reflects the
elimination of the benefit that had been provided by the company's
unsecured notes, which would have absorbed losses ahead of the
secured debt prior to their retirement in June 2025.
RATINGS RATIONALE
The B1 corporate family rating reflects OPENLANE's leading position
in the digital marketplace for wholesale used vehicles. Off-lease
vehicles are offered for sale by captive finance subsidiaries of
auto manufacturers, financial institutions and fleet management
companies that seek liquid and efficient channels that enable swift
vehicle dispositions. In addition, the company offers dealer to
dealer auctions that allow franchise and independent dealers to buy
and sell used vehicles on its digital platform.
Moody's expects EBITA margin to be near 20% in 2025 and again in
2026. Moody's estimates the ratio of debt-to-equity at the
floorplan funding business to be about 2:1. Further, the
securitization obligations of the floorplan funding business are
non-recourse to OPENLANE.
The stable outlook reflects Moody's expectations for modest growth
of auction volumes in 2025 which will accelerate in 2026 but be
somewhat offset by slow growth in commercial volumes. Moody's
expects that 2026 auction volumes will improve as the inventory of
off-lease vehicles grows. Higher overall auction volumes will
improve operating efficiencies and modestly expand operating
margins.
Moody's expects liquidity to remain very good (SGL-1) supported by
a cash balance of at least $100 million and annual free cash flow
of about $200 million. The two revolving credit facilities with
committed amounts of $325 million and CAD 175 million,
respectively, will remain mostly undrawn. On June 30, 2025, there
was nothing drawn under the revolving credit facilities and there
were $42.7 million of outstanding letters of credit. There are no
near team maturities excluding obligations related to OPENLANE's
floorplan funding business.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if OPENLANE successfully maintains an
EBITA margin in excess of 20% while maintaining a modest amount of
debt related to the vehicle auction business. Annual free cash flow
sustained above $125 million and a consistent track record of low
charge-offs and ample capital at OPENLANE's floorplan funding
business could also lead to a ratings upgrade.
The ratings could be downgraded if OPENLANE's EBITA margin falls
below 17%. A downgrade could also occur if the company adopts a
more aggressive financial policy including debt-funding share
repurchases. Other factors that could drive a downgrade include
higher charge-offs or if the amount of capital at OPENLANE's
floorplan funding business is maintained below historical levels.
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.
OPENLANE, Inc. is a leading provider of wholesale used vehicle
auctions and related vehicle remarketing services for the
automotive industry. The company serves domestic and international
buyers and sellers through digital auction platforms, as well as 14
vehicle logistics centers in Canada. Ancillary customer services
include transportation, reconditioning and other services. OPENLANE
also provides wholesale buyers of vehicles short-term
inventory-secured financing, or floorplan financing, through its
wholly-owned subsidiary, Automotive Finance Corporation (AFC).
Revenue was $1.9 billion in the last 12 months ended June 30, 2025.
ORCHARD FALLS: Hires Allen Vellone Wolf Helfrich as Counsel
-----------------------------------------------------------
Orchard Falls Operating Company, LLC seeks approval from the U.S.
Bankruptcy Court for the Northern District of Georgia to hire Allen
Vellone Wolf Helfrich & Factor P.C. as general bankruptcy counsel.
The firm will handle all matters concerning the administration of
the Estate, including preparation of the bankruptcy statements and
schedules, a plan of reorganization and disclosure statement, as
well as all contested and litigation matters that arise in this
case.
The firm will be paid at these rates:
Partners $475 to $725
Associates $350 to $450
Paralegal $195 to $250
The firm received $25,000 prepetition in connection with fees and
expenses preparing to file the bankruptcy, including the $1,738
filing fee.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Jeffrey A. Weinman, Esq., a partner at Allen Vellone Wolf Helfrich
& Factor, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Jeffrey A. Weinman, Esq.
ALLEN VELLONE WOLF HELFRICH & FACTOR, P.C.
1600 Stout Street 1900
Denver, CO 80202
Tel: (303) 534-4499
Email: jweinman@allen-vellone.com
About Orchard Falls Operating Company
Orchard Falls Operating Company, LLC is a single-asset real estate
debtor, as defined in 11 U.S.C. Section 101(51B).
Orchard Falls Operating Company, LLC filed its voluntary petition
for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Colo.
Case No. 25-16047) on September 19, 2025. At the time of filing,
the Debtor estimated $1 million to $10 million in assets and $1
million to $50 million in liabilities. Kenneth Grant, Manager of
Orchard Falls Holding Company LLC, signed the petition on behalf of
Orchard Falls Operating Company, LLC, which is managed by the
holding company.
Judge Thomas B Mcnamara presides over the case.
Jeffrey A. Weinman, Esq. at ALLEN VELLONE WOLF HELFRICH & FACTOR,
P.C. represents the Debtor as counsel.
PACTO INC: Seeks to Hire Tim McCoy Law Center as Primary Counsel
----------------------------------------------------------------
Pacto Inc. seeks approval from the U.S. Bankruptcy Court for the
Western District of Oklahoma to hire Tim McCoy Law Center Inc. to
act as primary counsel.
The firm's services include:
a) advising the Debtor with respect to its powers and duties
as debtor;
b) advising and consulting on the conduct of this Chapter 11
case, including all the legal and administrative requirements of
operating in Chapter 11;
c) attending meetings and negotiating with representatives of
creditors and other parties in interest;
d) taking all necessary actions to protect and preserve the
Debtor's estate, including prosecuting actions on the Debtor's
behalf, if needed, defending any actions commenced against the
Debtor, if needed, and representing the Debtor in any negotiations
concerning the sale of its property;
e) preparing pleadings in connection with the Chapter 11 case,
including motions, applications, answers, draft orders, reports and
other documents necessary or otherwise beneficial to the
administration of the Debtor's estate;
f) representing the debtor in connection with obtaining
authority to sell certain property of the estate;
g) appearing before the Court and any appellate courts to
represent the interests of the Debtor's estate;
h) negotiating and documenting agreements for the Section 363
sale or disposition of Debtor's primary assets; and
i) performing all other necessary legal services for the
Debtor in connection with the prosecution of the Chapter 11 case,
including: (i) analyzing the Debtor's agreement to sell property;
(ii) analyzing the Debtor's leases and contracts and the assumption
and assignment or rejection thereof; and (iii) analyzing the
validity of liens asserted against the Debtor and its assets.
The firm's current hourly rates are:
a. McCoy: $350 to $450; re: $350 for general bankruptcy; $450
for business transaction or work regarding investigations and civil
or criminal penalties;
b. Associates [if engaged]: $245 to $310; and
c. Paralegals: $195.
As disclosed in the court filings, Tim McCoy is a “disinterested
person” as defined in 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Timothy D. McCoy, Esq.
Tim McCoy Law Center Inc.
3801 NW 63rd Street
Oklahoma City, OK 73116
Tel: (405) 319-0000
Fax: (866) 697-2012
Mail: tim@timmccoylawfirm.com
About Pacto Inc.
Pacto Inc. filed its voluntary petition for relief under Chapter 11
of the Bankruptcy Code (Bankr. W.D. Okla. Case No. 25-12634) on
August 26, 2025, listing $1,000,001 to $10 million in assets and
up to $50,000 in liabilities.
Timothy D. McCoy, Esq. at Mccoy Law Firm represents the Debtor as
counsel.
PARENT SUPPORT: Case Summary & 17 Unsecured Creditors
-----------------------------------------------------
Debtor: Parent Support Network of Rhode Island, Inc.
535 Centerville Road, Suite 202
Warwick, RI 02886
Business Description: Parent Support Network of Rhode Island, Inc.
is a nonprofit organization that provides
free peer-based support, education, and
advocacy services for parents and families
in Rhode Island. It offers family peer
support to those navigating mental health
and substance use challenges, child welfare
involvement, and the juvenile justice
system, with services including parenting
education, fatherhood support, family
groups, and one-on-one assistance from
trained Family Support Partners. The
organization has been supporting families
statewide for more than 30 years through a
helpline, group programs, and community-
based services.
Chapter 11 Petition Date: September 25, 2025
Court: United States Bankruptcy Court
District of Rhode Island
Case No.: 25-10775
Judge: Hon. John A Dorsey Jr.
Debtor's Counsel: Russell D. Raskin, Esq.
RASKIN & BERMAN
116 East Manning Street
Providence, RI 02906
Tel: 401-423-1363
Fax: 401-272-4467
E-mail: mail@raskinberman.com
Total Assets: $90,680
Total Liabilities: $1,250,945
The petition was signed by Lisa A. Conlan as executive director.
A full-text copy of the petition, which includes a list of the
Debtor's 17 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/4BK2ZZY/Parent_Support_Network_of_Rhode__ribke-25-10775__0001.0.pdf?mcid=tGE4TAMA
PATCO INC: U.S. Trustee Unable to Appoint Committee
---------------------------------------------------
The U.S. Trustee for Region 20 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of PATCO Inc.
About PATCO Inc.
PATCO Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Okla. Case No. 25-12634) on August 26,
2025, listing between $1 million and $10 million in assets and up
to $50,000 in liabilities.
Judge Janice D. Loyd oversees the case.
Timothy D. McCoy, Esq., at Mccoy Law Firm represents the Debtor as
bankruptcy counsel.
PINSTRIPES HOLDINGS: Seeks to Hire Ordinary Course Professionals
----------------------------------------------------------------
Pinstripes Holdings, Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the District of Delaware to employ
non-bankruptcy professionals in the ordinary course of business.
The Debtors need ordinary course professionals to perform services
for matters unrelated to these Chapter 11 cases.
The Debtors seek to pay OCPs 100 percent of the fees and expenses
incurred.
The Debtors do not believe that any of the OCPs have an interest
materially adverse to them, their estates, creditors, or other
parties in interest in connection with the matter upon which they
are to be engaged.
The OCPs include:
BDO USA LLP
--Services for income taxation matters
Monthly OCP Cap: $5,000
Cirgadyne Inc. d/b/a
LiquorLicense.com
--Consulting services for liquor
and business license matters
Monthly OCP Cap:$7,500
Grant Thornton LLP
--Services for accounting and auditing matters
Monthly OCP Cap:$5,000
Ropes & Gray LLP
--Legal services for corporate matters
Monthly OCP Cap:$50,000
The Tanzillo Law Group, LLC
Legal services for sales taxation matters
Monthly OCP Cap:$7,500
About Pinstripes Holdings
Pinstripes Holdings, Inc. operates a dining and entertainment
concept restaurants. The company provides Italian-American cuisine
with bowling, bocce, and private event services. It also offers
off-site events catering services. The company was incorporated in
2006 and is based in Northbrook, Illinois.
Pinstripes Holdings and four of its affiliates sought protection
for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Del.
Lead Case No. 25- 11677) on September 8, 2025.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as counsel;
CR3 Partners LLC as restructuring advisor; and Hilco Corporate
Finance LLC as investment banker. The Debtors' notice and claims
agent is Epiq Corporate Restructuring LLC.
PRINCE LAND: Gets Extension to Access Cash Collateral
-----------------------------------------------------
Prince Land, Inc. received interim approval from the U.S.
Bankruptcy Court for the Southern District of Florida, West Palm
Beach Division, to use cash collateral pending a further hearing on
November 12.
The order approved the Debtor's interim use of cash collateral for
court-authorized payments including U.S. Trustee fees and for the
expenses set forth in its budget, with a variance of up to 10% per
line item.
All creditors with security interests in cash collateral will
receive replacement liens on post-petition cash collateral, with
the same validity, priority and extent as their pre-bankruptcy
liens.
The replacement liens are automatically perfected without
additional filings and are junior to U.S. Trustee fees, court
costs, and court-awarded professional fees.
As additional protection, the Debtor will keep the collateral
insured in accordance with applicable loan and security
agreements.
Several creditors may hold liens on the Debtor's cash collateral,
including TD Bank, Crum & Forster, the U.S. Small Business
Administration, and Ian Prince, who has filed three separate UCC-1
financing statements. These secured creditors may have interests in
various assets such as accounts receivable, deposit accounts, and
other cash equivalents.
About Prince Land Inc.
Prince Land, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18992-EPK) on August
1, 2025. In the petition signed by Bruce Prince, president, the
Debtor disclosed up to $10 million in assets and up to $50 million
in liabilities.
Judge Erik P. Kimball oversees the case.
Craig I. Kelley, Esq., at Kelley Kaplan & Eller, PLLC, represents
the Debtor as legal counsel.
PROSPECT MEDICAL: Yale New Haven to Pay $45MM to End Legal Dispute
------------------------------------------------------------------
Isaac Monterose of Law360 reports that Yale New Haven Health
Services Corp. has agreed to pay $45 million to Prospect Medical
Holdings Inc. to resolve their legal battle over a failed $435
million deal involving three Connecticut hospitals, according to a
motion filed in Texas bankruptcy court.
About Prospect Medical Holdings
Prospect Medical Holdings owns Roger Williams Medical Center, Our
Lady of Fatima Hospital, and several other healthcare facilities.
Prospect Medical sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80002) on Jan.
11, 2025. In the petition filed by Paul Rundell, as chief
restructuring officer, the Debtor estimated assets and liabilities
between $1 billion and $10 billion each.
Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtors' general bankruptcy counsel is Thomas R. Califano,
Esq., and Rakhee V. Patel, Esq., at Sidley Austin LLP, in Dallas,
Texas, and William E. Curtin, Esq., Patrick Venter, Esq., and Anne
G. Wallice, Esq., at Sidley Austin LLP, in New York.
The Debtors tapped Alvarez & Marsal North America, LLC as financial
advisor; Houlihan Lokey, Inc. as investment banker; and Omni Agent
Solutions, Inc. as claims, noticing and solicitation agent.
RAS DATA: Committee Taps Oxford Restructuring as Financial Advisor
------------------------------------------------------------------
The official committee of unsecured creditors of RAS Data Services
Inc. seeks approval from the U.S. Bankruptcy Court for the Northern
District of Illinois to hire Oxford Restructuring Advisors LLC as
its financial advisor.
The firm will render these services:
(a) advise the Committee with respect to the use of
debtor-in-possession financing proceeds and unencumbered cash
including segregation of cash as of the petition date;
(b) analyze and monitor the Debtor's historical, current and
projected financial affairs, including, schedules of assets and
liabilities and statement of financial affairs;
(c) monitor and trace as necessary, cash receipts and
disbursements to the appropriate source/asset and advise the
Committee on issues related to the tracking of cash and tracing as
necessary;
(d) review the Debtor's short-term cash flow forecast and
underlying support and scrutinize cash receipts and disbursements
on an on-going basis;
(e) develop periodic monitoring reports to enable the
Committee to effectively evaluate the Debtor's performance and
operating activities on an ongoing basis;
(f) monitor the Debtor's sale process and analyze any sale
proposed by the Debtor to assist the Committee in evaluating the
same;
(g) advise and assist the Committee and counsel in reviewing
and evaluating any court motions, applications, or other forms of
relief filed by the Debtor, or any other parties-in-interest;
(h) monitor the Debtor's claims management process, analyze
claims including guarantee claims, priority claims and potential
deficiency claims and summarize claims by entity;
(i) advise and assist the Committee in identifying and/or
reviewing any significant pre-petition transactions, preference
payments, fraudulent conveyances, and other potential causes of
action that the Debtor's estates may hold against insiders and/or
third parties;
(j) analyze the Debtor's and non-Debtor affiliates' assets and
analyze potential recoveries to creditor constituencies under
various scenarios and prepare the associated recovery waterfall;
(k) attend Committee meetings, court hearings, and auctions as
may be required;
(l) as needed, provide expert witness reports and testimony
regarding the Debtor's enterprise valuation, the valuation of any
securities proposed to be issued under any Chapter 11 plan of
reorganization or liquidation for the Debtor, confirmation issues,
or other matters;
(m) assist in analyzing pending and threatened litigation
matters against the
Debtor; and
(n) perform other such functions as requested by the Committee
or its counsel to assist the Committee in this Case.
Oxford's billing rates for its professionals for the 2025 calendar
year range from $200/hour for analysts to $700/hour for senior
managing directors.
Oxford will also be reimbursed for reasonable out-of-pocket
expenses incurred.
John Pidcock, a senior managing director at Oxford Restructuring
Advisors, LLC, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
John B. Pidcock
Oxford Restructuring Advisors, LLC
16781 Chagrin Boulevard, Suite 503,
Shaker Heights, OH 44120
Phone: (513) 235-0164
About RAS Data Services Inc.
RAS Data Services Inc. provides railcar management services across
the United States, integrating mechanical and accounting functions
with internet-based applications and 24/7 support to optimize
maintenance costs and fleet utilization. Founded in 2002, the
Company manages approximately 500,000 railcars for shippers,
operating lessors, utilities and short-line railroads.
RAS Data Services Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-11837) on August 1,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Michael B. Slade handles the case.
The Debtor is represented by Adam P. Silverman, Esq. at ADELMAN &
GETTLEMAN, LTD.
REGIS REAL: Case Summary & One Unsecured Creditor
-------------------------------------------------
Debtor: Regis Real Estate Investments LLC
6 Bordens Brook Way
Holmdel, NJ 07733
Business Description: Regis Real Estate Investments LLC, a single-
asset real estate entity as defined in 11
U.S.C. Section 101(51B), holds primary
assets at 6 Bordens Brook Way, Holmdel, New
Jersey 07733, valued at $3 million.
Chapter 11 Petition Date: September 24, 2025
Court: United States Bankruptcy Court
District of New Jersey
Case No.: 25-20000
Debtor's Counsel: Brian G. Hannon, Esq.
NORGAARD OBOYLE HANNON
184 Grand Avenue
Englewood, NJ 07631
Tel: (201) 871-1333
Fax: (201) 871-3161
E-mail: bhannon@norgaardfirm.com
Total Assets: $3,000,000
Total Liabilities: $2,951,360
The petition was signed by Ralph Massa, Jr. as sole member.
The Debtor listed Kristina S. Johnson of 1800 Main Street, Belmar,
New Jersey 07719, as its only unsecured creditor, with a $175,000
claim arising from a divorce judgment.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/S5MOIJY/Regis_Real_Estate_Investments__njbke-25-20000__0001.0.pdf?mcid=tGE4TAMA
REILLY-BENTON: Chapter 7 Trustee Seeks OK of Insurers' Settlement
-----------------------------------------------------------------
David V. Adler, as Chapter 7 trustee ("Trustee") of the bankruptcy
estate ("Estate") of debtor Reilly-Benton Co., Inc. ("RBC"), has
requested the U.S. Bankruptcy Court for the Eastern District of
Louisiana ("Bankruptcy Court") to conduct a hearing on Oct. 15,
2025, at 10:30 a.m. Central Daylight Time on a motion ("Motion") to
approve a Settlement Agreement between (i) the Trustee and (ii)
Employers Mutual Fire Insurance Company and Employers Insurance
Company of Wausau ("Insurers"), resolving disputes regarding
certain historical liability insurance policies ("Policies") issued
by the Insurers to RBC, or under which RBC is insured or may claim
to be insured or entitled to benefits. Under the terms of the
Settlement Agreement:
a) the Insurers agree to pay the settlement amount ($1.4 million)
to the Trustee on behalf of the Estate;
b) the Insurers and their Affiliates will receive a release of all
past, present, and future Claims, known and unknown, based upon,
arising from, or attributable to the Policies; and
c) any and all rights and interests of the Estate in the Policies
will be deemed to have been sold back to the Insurers free and
clear of the interests of persons and entities in the Policies,
thus permanently and irrevocably extinguishing all rights, duties,
and coverage under the Policies.
Pursuant to the Motion, the Trustee is also asking the court to
enter an injunction that permanently enjoins the prosecution,
continuation, or commencement of any Claim or Interest that any
person or entity holds or asserts or may in the future hold or
assert against the Insurers, based upon, arising from, or
attributable to any of the Policies ("Injunction").
Copies of the Motion and the Settlement Agreement can be obtained
on the Bankruptcy Court's website (http://www.laeb.uscourts.gov/),
or by contacting counsel for the Trustee or the Insurers at the
addresses set forth below.
If you wish to object to approval of the Settlement Agreement or
entry of the Injunction, you must file an objection on or by Oct.
8, 2025. Any such objection should be filed with the Bankruptcy
Court, at 500 Poydras Street, New Orleans, LA 70130, and served on
the following:
i) counsel for the Trustee:
Chaffe McCall, LLP
Attn: David J. Messina, Esq.
2300 Energy Centre
1100 Poydras Street
New Orleans, LA 70163-2300
Email: messina@chaffe.com
and
K&L Gates LLP
Attn: Jonathan M. Cohen, Esq.
1601 K Street NW
Washington, DC 20006
Email: jonathan.cohen@klgates.com;
ii) The Office of the United States Trustee
Attn: Amanda George
600 S. Maestri Place
Suite 840-T
New Orleans, LA 70130
Email: Amanda.B.George@usdoj.gov
iii) Counsel for the Insurers:
Roedel, Parsons, Blache, Fontana, Piontek & Pisano, a L.C.
Attn: Charles M. Pisano, Esq.
1555 Poydras Street
Suite 1700
New Orleans, LA 70112
Email: cpisano@roedelparsons.com
and
The Law Office of William J. Factor, Ltd
Attn: William J. Factor
105 W. Madison St., #2300
Chicago, IL 60602
Email: wfactor@wfactorlaw.com
Reilly-Benton Co. Inc. distributes construction materials. The
Company offers roofing, siding, wallboard building, thermal
insulation, and other related materials.
RENASCENCE INC: Gets OK to Use Cash Collateral Until Oct. 28
------------------------------------------------------------
Renascence, Inc. received another extension from the U.S.
Bankruptcy Court for the Eastern District of North Carolina,
Greenville Division, to use cash collateral.
The order penned by Judge Pamela McAfee authorized the Debtor's
interim use of cash collateral until October 28 to pay essential
expenses in accordance with its budget, with 6% expense deviation
allowed.
The Debtor projects total operational expenses of $4,130 for
October.
The order granted the U.S. Small Business Administration and other
creditors with interest in the cash collateral a post-petition lien
on all cash, accounts, receivables and future receivables collected
by the Debtor during the interim period.
As additional protection, the Debtor must pay $3,700 to SBA by
October 5, and another $500 to be held in trust for the Subchapter
V trustee.
A final hearing is set for October 22.
The Debtor and SBA entered into a promissory note and security
agreement in 2020 and in 2021. The notes were secured by the
Debtor's cash, accounts, receivables, inventory, equipment,
software, insurance proceeds, tax refunds and other intangibles.
The Debtor estimates that the balance due on the notes is
$565,800.
About Renascence Inc.
Renascence, Inc. offers printing, publishing, mailing, embroidery,
signage, and retail office supply sales.
Renascence sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Banker. E.D. N.C. Case No. 25-01764) on May 12,
2025, listing up to $500,000 in assets and up to $10 million in
liabilities. Donald A. Stocks, Sr., president of Renascence, signed
the petition.
Judge Pamela W. Mcafee oversees the case.
The Debtor is represented by:
Christopher Scott Kirk, Esq.
C. Scott Kirk, Attorney At Law, PLLC
Tel: 252-689-6249
scott@csklawoffice.com
RIDGEWOOD TOWER: UCC Foreclosure Sale Set for November 14
---------------------------------------------------------
In accordance with applicable provisions of the Uniform Commercial
Code as enacted in New York, by virtue of certain events of default
under those certain ownership interest pledged and security
agreement dated as of Jan. 29, 2021, and Sept. 10, 2021, executed
and delivered by Ridgewood Tower Member LLC, Ridgewood Tower II
Member LLC, and Ridgewood Tower III Member LLC ("pledgor"), and in
accordance with it rights as holder of the security, St. Nicholas
Woodbine 2 LLC ("secured party"), by virtue of possession of those
certain share certificates held in accordance with Article 8 of the
Uniform Commercial Code of the State of New York, and by virtue of
those certain UCC-1 filing statement made in favor of the Secured
Party, all in accordance with Article 9 of the Code, Secured Party
will offer for sale, at public auction, (i) all of pledgor's right,
title and interest in and to the following: Ridgewood Tower LLC,
Ridgewood Tower II LLC, and Ridgewood Tower III LLC ("pledged
entities"), and (ii) certain related rights and property relating
thereto ("collateral").
Secured Party's understanding is that the principal asset of the
Pledged Entities is that certain fee interest in the premise
located at (i) 354 St. Nicholas Avenue aka 3-54 Saint Nicholas
Avenue aka 1637-1649 Woodbine Street, Ridgewood, NY, (ii)
54-31/54-37 Myrtle Avenue aka 1601-1613 Woodbine Street aka 1633
Woodbine Street aka 1635 Woodbine Street, Ridgewood, NY (iii)
3-36/3-36A St. Nicholas Avenue aka 336/336A St. Nicholas Avenue
Ridgewood, NY (iv) 3-50 St. Nicholas Avenue aka 350 St. Nicholas
Avenue, Ridgewood, NY.
Mannion Auctions LLC, under the direction of Matthew D. Mannion,
will conduct a public sale consisting of the collateral, via online
bidding, on Nov. 14, 2025, at 2:30 p.m., in satisfaction of an
indebtedness in the approximate amount of $39,450,490.04 including
principal, interest on principal, and reasonable fees and costs,
plus default interest through Nov. 14, 2025, subject to open
charges and all additional costs, fees and disbursement permitted
by law. The Secured Party reserves the right to credit bid.
Online bidding will be made available via Zoom Meeting:
Meeting Link: https://bit.ly/UCCRidgewood
Meeting ID: 824 5148 6676
Passcode: 655899
One Tap Mobile: +16465588656,,82451486676#,,,,*655899# US (New
York), +16469313860,,82451486676#,,,,*655899# US
Dial by your Location: +1 646 558 8656 US (New York), +1 646 931
3860 US
Interested parties who intend to bid on the collateral must contact
Greg Corbin at Nortgate Real Estate Group, 1633 Broadway, 46th
Floor, New York, New York 10019, (212) 369-4000,
greg@northgatereg.com, to receive the terms and conditions of the
sale and bidding instructions by Nov. 12, 2025, by 4:00 p.m. Upon
execution of standard confidentiality and non-disclosure agreement,
additional documentation and information will be available.
Interested parties who do not contact Mr. Corbin and qualify prior
to the sale will be permitted to enter a bid.
Attorneys for the Secured Party can be reached at:
Jerod C. Feuerstein, Esq.
Kriss & Feuerstien LLP
360 Lexington Avenue
Suite 1200
New York, New York 10017
Tel: (212) 66102900
Further information regarding the sale visit:
https://tinyurl.com/3p3277w6
ROYAL JET: Court Extends Cash Collateral Access to Dec. 31
----------------------------------------------------------
Royal Jet Car Corp. received another extension from the U.S.
Bankruptcy Court for the Eastern District of New York to use cash
collateral to fund operations.
The interim order authorized the Debtor to use cash collateral
through December 31 in accordance with its budget.
As adequate protection, the U.S. Small Business Administration will
be granted post-petition replacement liens on assets acquired by
the Debtor before or after its Chapter 11 filing, subject to the
fee carveout.
In addition, SBA will continue to receive a monthly payment of
$300.
The Debtor's authority to use cash collateral terminates upon
failure by the Debtor to make timely monthly payments; the use of
cash collateral in excess of the budget; the entry of a court order
granting relief from or modifying the automatic stay; dismissal or
conversion of the Debtor's Chapter 11 case; the appointment of a
Chapter 11 trustee or examiner with enlarged powers; or a default
by the Debtor in reporting financial or operational information
required by the interim order or agreements with SBA that is not
cured.
About Royal Jet Car Corp.
Royal Jet Car Corp. sought protection for relief under Chapter 11
of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 23-42508) on July
18, 2023, listing up to $50,000 in assets and $100,001 to $500,000
in liabilities.
Judge Jil Mazer-Marino presides over the case.
Alla Kachan, Esq., at the Law Offices of Alla Kachan P.C., is the
Debtor's bankruptcy counsel.
S & D TALLER: Seeks to Hire Juan C Bigas Law Office as Counsel
--------------------------------------------------------------
S & D Taller Del Maestro LLC seeks approval from the U.S.
Bankruptcy Court for the District of Puerto Rico to hire Juan C
Bigas Law Office to handle its Chapter 11 case.
Juan C Bigas Law Office received a retainer in the amount of
$10,000, against which the firm will bill on the basis of $350 per
hour.
In addition, the firm will seek reimbursement for work-related
expenses.
As disclosed in court filings, Juan C Bigas Law Office is a
"disinterested person" pursuant to Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Juan Carlos Bigas Valedon, Esq.
Juan C Bigas Law Office
515 Ferrocarril
Urb. Santa Maria
Ponce, PR 00717
Phone: (787) 259-1000
Email: cortequiebra@yahoo.com
citas@preguntalegalpr.com
About S & D Taller Del Maestro LLC
S & D Taller Del Maestro LLC sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D.P.R. Case No. 25-04152)
On September 16, 2025, listing $100,001 to $500,000 in both assets
and liabilities.
Judge Mildred Caban Flores presides over the case.
Juan Carlos Bigas Valedon, Esq., at Juan C Bigas Law Office
represents the Debtor as counsel.
SAMMY G'S: Gets Final OK to Use Cash Collateral
-----------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Texas,
Houston Division, issued a final order approving the stipulation
entered into by Sammy G's District 70 BBQ & Grill, LLC, the Texas
Comptroller of Public Accounts and the Texas Workforce Commission
regarding the use of cash collateral.
Under the stipulation, both agencies consented to the Debtor's use
of cash collateral and other real and personal property in which
they hold a secured interest, subject to the Debtor complying with
the conditions of the stipulation and the budget.
The parties also agree that the Debtor may exceed any line item in
the budget by 5%, the overall budget by 10%, and if the Debtor
needs to exceed over and above these amounts, it will be required
to obtain consent from both agencies or obtain a court order
authorizing the overage.
The Debtor projects total monthly operational expenses of
$103,500.
As adequate protection for the use of their cash collateral, the
agencies will be granted replacement liens on all post-petition
cash collateral and post-petition acquired property to the same
extent and priority they possessed as of the petition date only as
to the diminution in value of their liens, if any.
As further protection to the Comptroller, the Debtor will pay
$2,500 monthly until a Chapter 11 plan is confirmed.
As of the petition date, the Debtor had failed to pay several
months of sales tax, mixed beverage sales tax, and mixed beverage
gross receipts taxes due to the Comptroller, as well as employment
taxes due to the TWC. The Comptroller and the TWC estimates that
the Debtor owes then $93,391.48 and $6,035.48, respectively.
Any default after notice and a 10-day cure period automatically
withdraws authorization to use the State’s collateral. The court
retains jurisdiction over enforcement, and the authorization
remains in effect until the Debtor defaults, the State forecloses
its lien, or a plan of reorganization is confirmed.
A copy of the final order is available at https://is.gd/ebUm5n from
PacerMonitor.
About Sammy G's District 70 BBQ & Grill LLC
Sammy G's District 70 BBQ & Grill, LLC operates a restaurant in
Seabrook, Texas.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34839) on August 20,
2025. In the petition signed by Sammy Grizzaffi, owner/managing
partner, the Debtor disclosed up to $500,000 in assets and up to
$100,000 in liabilities.
Judge Jeffrey P. Norman oversees the case.
Reese Baker, Esq., at Baker & Associates, represents the Debtor as
legal counsel.
SEQUOIA GROVE: Hires Pendergraft & Simon as Bankruptcy Counsel
--------------------------------------------------------------
Sequoia Grove, Inc. seeks approval from the U.S. Bankruptcy Court
for the Southern District of Texas to hire Pendergraft & Simon, LLP
as lead bankruptcy counsel.
The firm's services include:
a. analysing of the financial situation, and rendering advice
and assistance to the Debtor in determining whether to file
petitions under Title 11, United States Code;
b. advising Debtor with respect to their powers and duties as
a Debtor-in-Possession;
c. conducting appropriate examinations of witnesses, claimants
and other persons;
d. preparing and filing of all appropriate petitions,
schedules of assets and liabilities, statements of affairs,
answers, motions and other legal papers; and to consult with and
advise the Debtor-in-Possession in connection with the operation of
or the termination of the operation of the Debtor's business;
e. representing the Debtor at the meeting of creditors and
such other services as may be required during the course of the
bankruptcy proceedings;
f. representing the Debtor-in-Possession in all proceedings
before the Court and in any other judicial or administrative
proceeding where the rights of the Debtor may be litigated or
otherwise affected;
g. preparing, filing, negotiation and prosecution of a
Disclosure Statement and Plan of Reorganization;
h. advising and consulting with the Debtor-in-Possession
concerning questions arising in the conduct of the administration
of the estate and concerning Debtor's rights and remedies with
regard to the Estate's assets and the claims of secured, priority
and unsecured creditors;
i. investigating pre-petition transactions and prosecution, if
appropriate, preference and other avoidance actions arising under
the Debtor-in-Possession's avoidance powers or any other causes of
action held by the Estates;
j. defending, if necessary, any motions for relief from the
automatic stay, contested matters and/or adversary proceedings, and
analyze and prosecute any objections to claims;
k. appearing on behalf of the Debtor-in-Possession before this
Court;
l. advising and assisting the Debtor-in-Possession with real
estate and business organizations issues related to this case; and
m. assisting the Debtor in any matters relating to or arising
out of the above-styled and numbered case.
The firm's hourly rates are:
Leonard Simon $600
William P. Haddock $600
Other associate counsel $400
Senior paralegal $250
Junior paralegal $150
Pendergraft & Simon, 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:
Leonard H. Simon, Esq.
PENDERGRAFT & SIMON, LLP
2777 Allen Parkway, Suite 800
Houston, TX 77019
Telephone: (713) 528-8555
Facsimile: (713) 868-1267
About Sequoia Grove Inc.
Sequoia Grove, Inc., doing business as, GM Outdoor Living, Pool &
Spa, designs, builds, renovates, and maintains custom swimming
pools, outdoor living spaces, and kitchens for residential clients
in the Greater Houston area from its base in Humble, Texas. The
Company also partners with third-party financial institutions to
provide customer financing for pool construction and outdoor living
projects.
Sequoia Grove filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-35441) on
September 16, 2025, with $100,000 to $500,000 in assets and $1
million to $10 million in liabilities. Martin Rafter, president and
chief executive officer of Sequoia Grove, signed the petition.
Judge Jeffrey P. Norman presides over the case.
Leonard Simon, Esq., at Pendergraft & Simon, LLP represents the
Debtor as legal counsel.
SERENITY LIGHT: Hires Baker & Associates as Legal Counsel
---------------------------------------------------------
Serenity Light Recovery Holdings, LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of Texas to hire Reese
W. Baker of Baker & Associates to serve as legal counsel in its
Chapter 11 case.
The firm will provide these services:
(a) analysis of the financial situation, and rendering advice
and assistance to the Debtor;
(b) advising the Debtor with respect to its duties as debtor;
(c) preparation and filing of all appropriate petitions,
schedules of assets and liabilities, statements of affairs,
answers, motions and other legal papers;
(d) representation of the Debtor at the first meeting of
creditors and such other services as may be required during the
course of the bankruptcy proceedings;
(e) representing the Debtor in all proceedings before the
Court and in any other judicial or administrative proceeding where
the rights of the Debtor may be litigated or otherwise affected,
including without limitation all adversary proceedings;
(f) preparation and filing of a Disclosure Statement (if
required) and Chapter 11 Plan of Reorganization; and
(g) assistance to the Debtor in any matters relating to or
arising out of the captioned case.
Prior to the filing, the firm received $21,738.00, of which
$1,738.00 was applied to filing fees and pre-petition costs.
Baker & Associates 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:
Reese W. Baker, Esq.
BAKER & ASSOCIATES
950 Echo Lane, Suite 300
Houston, TX 77024
Telephone: (713) 869-9200
Facsimile: (713) 869-9100
About Serenity Light Recovery Holdings LLC
Serenity Light Recovery Holdings LLC operates Serenity Light
Recovery, a substance abuse and addiction treatment center located
in Angleton, Texas. The facility provides medically supervised
detoxification, residential treatment programs, and intensive
outpatient services, integrating holistic therapies such as equine
therapy, yoga, and nutritional counseling. It serves patients in
the broader Houston area and operates within the healthcare and
social assistance sector.
Serenity Light Recovery Holdings LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No.: 25-35160)
on September 1, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Judge Eduardo V. Rodriguez oversees the case.
The Debtor is represented by Reese Baker, Esq. at BAKER &
ASSOCIATES.
SHANDS JACKSONVILLE: Moody's Alters Outlook on Ba1 Rating to Pos.
-----------------------------------------------------------------
Moody's Ratings has affirmed Shands Jacksonville Medical Center,
Inc.'s (SJMC, FL) (d/b/a UF Health Jacksonville) Ba1 issuer and
revenue bond ratings. At the same time, Moody's revised SJMC's
outlook to positive from stable. SJMC has about $521 million of
debt and financing leases outstanding as of FY 2025.
Revision of the outlook to positive from stable reflects
strengthening of financial performance and liquidity, which is
anticipated to be durable given supplemental funding and successful
execution of strategic initiatives.
RATINGS RATIONALE
The Ba1 rating reflects SJMC's role as a key academic medical
center for UF Health and a vital safety net provider. Governance
and financial oversight from the University of Florida (UF) is
evolving and strengthening; additionally, increasing support from
the City of Jacksonville will enhance credit quality. Improved
financial performance and liquidity will be maintained, driven by
strategic initiatives such as volume growth at the expanded North
facility and new freestanding emergency departments, streamlined
revenue cycle management and supplemental funding from the state
and city. However, reliance on supplemental funds and 340B net
income introduces some uncertainty over the longer term.
RATING OUTLOOK
The positive outlook reflects the likelihood that recently improved
volume trends and supplemental funding will allow for maintenance
of operating cash flow margins of around 8% in 2026 and thereafter.
This would enable days cash and cash to debt measures to stabilize
at levels consistent with a higher rating, in the 90-100 day
range.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Strengthening of market position through expanded footprint and
draw from surrounding markets
-- Maintenance of stronger cash flow over the next several
quarters, evidencing durability of performance
-
- Maintenance of days cash on hand of at least 85 days
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Sustained weakening of OCF%
-- Inability to maintain improvement in liquidity such that days
cash and cash to debt are sustained below 50 and 30%, respectively
-- Unfavorable change in relationship with University of Florida,
including Shands Teaching Hospital and Clinics Inc. (Gainesville),
or COJ
PROFILE
Headquartered in Jacksonville, SJMC is an academic medical center
for the University of Florida College of Medicine - Jacksonville
and is part of UF Health, the University's statewide health system.
As an essential safety net provider, SJMC is the only Level I
Trauma facility in northern Florida and parts of southern Georgia.
SJMC has two campuses, a 623-bed downtown facility and a 168-bed
suburban north facility.
METHODOLOGY
The principal methodology used in these ratings was Not-for-profit
Healthcare published in October 2024.
SIMBA IL HOLDINGS: Hires Marshack Hays as Restructuring Officer
---------------------------------------------------------------
Simba IL Holdings, LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California, Santa Ana Division to
hire Richard Marshack of Marshack Hays Wood LLP to serve as the
Debtor's Chief Restructuring Officer in its Chapter 11 case.
Mr. Marshack will provide these services:
(a) manage and control the business and affairs of the Debtor;
(b) oversee the liquidation of the Debtor's assets and
distribution of proceeds; and
(c) render any services requested or directed by the Debtor, its
attorneys, or the Court.
Mr. Marshack will receive an hourly rate of $780. Attorneys at the
Firm will bill at hourly rates ranging from $470 to $780, while
paralegals will bill at $380 per hour.
The Debtor has paid Marshack a $100,000 retainer. In addition,
Marshack is entitled to compensation equal to 1% of all amounts
paid to creditors, administrative claimants, and equity holders,
excluding the first $15,000,000 paid to secured creditors upon the
sale of real property.
According to court filings, Marshack is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Richard Marshack
MARSHACK HAYS WOOD LLP
870 Roosevelt
Irvine, CA 92620
Telephone: (949) 333-7777
Facsimile: (949) 333-7778
About Simba IL Holdings
Simba IL Holdings, LLC operates as a nonbank holding company that
manages equity interests in subsidiary businesses.
Simba IL Holdings filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-12616) on
September 16, 2025, with $10 million to $50 million in assets and
$100 million to $500 million in liabilities. Mordechai H. Ferder,
manager, signed the petition.
Judge Mark D. Houle oversees the case.
Leonard M. Shulman, Esq., at Shulman Bastian Friedman Bui & O'Dea,
LLP represents the Debtor as legal counsel.
SOBE THERMAL: Court Appoints Reg Martin as Receiver
---------------------------------------------------
Dan O'Brien of The Business Journal reports that a Mahoning County
Common Pleas Court has appointed a receiver to oversee SOBE Thermal
Energy LLC in order to safeguard essential utility services for
downtown Youngstown.
On September 26, 2025, Judge Anthony Donofrio approved the Public
Utilities Commission of Ohio's request to assign a receiver to
manage the struggling district heating and cooling provider and
preserve its assets, according to the report. The court selected
Reg Martin as receiver, who previously managed the same system
during the receivership of Youngstown Thermal, SOBE's predecessor.
Under the order, Martin has full authority to enter and operate
SOBE's facilities, assume control of its assets, and manage all
business operations. This includes oversight of property,
equipment, accounts, revenues, and bank holdings. The receiver is
also empowered to borrow funds deemed necessary to protect assets
and maintain services.
The move follows a September 18, 2025 decision by the PUCO Board of
Commissioners directing the Ohio attorney general to seek
receivership, citing the company's financial instability and its
inability to reliably serve 27 buildings and 90 residential units.
SOBE had acquired Youngstown Thermal's assets in 2019, promising to
modernize operations by using recycled tire chips to generate
synthetic gas for steam heating. In the meantime, the company
leased a mobile steam unit from Wabash Power Equipment Co. to
provide interim service, but court documents indicate SOBE
defaulted on rental payments, the report states.
Wabash later secured a federal default judgment of $383,214 in
January against SOBE, and in August a Mahoning County judge
authorized the company to repossess the mobile steam unit. However,
a temporary agreement with the City of Youngstown delayed
repossession until September 30, with the city paying $20,000 to
keep the system running. This arrangement bought time for the newly
appointed receiver to stabilize operations and ensure uninterrupted
heating and cooling for downtown customers, the report relays.
About SOBE Thermal Energy Systems LLC
SOBE Thermal Energy Systems LLC operates as a public utility
regulated by the Public Utilities Commission of Ohio. It provides
steam heating and cooling services to buildings downtown
Youngstown.
SOUTHERN EXPRESS: Bankr. Administrator Unable to Appoint Committee
------------------------------------------------------------------
The U.S. Bankruptcy Administrator for the Eastern District of North
Carolina disclosed in a filing that no official committee of
unsecured creditors has been appointed in the Chapter 11 case of
Southern Express Inc.
About Southern Express Inc.
Southern Express Inc. provides motorcoach and shuttle
transportation services across the southern United States,
including corporate charters, event and campus shuttles, school and
family trips, and airport transfers. Founded in 2010 by industry
professionals Bruce Bechard and Vance Hoover, the privately held
company operates a modern, sanitized fleet staffed by certified
driving professionals and emphasizes locally made decisions to
ensure consistent, client-focused service.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-02978) on August 5,
2025. In the petition signed by R. Vance Hoover, president, the
Debtor disclosed $3,330,694 in assets and $6,321,019 in
liabilities.
Judge Pamela W. Mcafee oversees the case.
Jason L. Hendren, Esq., at Hendren, Redwine & Malone, PLLC,
represents the Debtor as legal counsel.
SOUTHERN EXPRESS: Court Extends Cash Collateral Access to Oct. 22
-----------------------------------------------------------------
Southern Express, Inc. received third interim approval from the
U.S. Bankruptcy Court for the Eastern District of North Carolina to
use cash collateral.
The third interim order authorized the Debtor to use cash
collateral to pay operating expenses in accordance with its budget.
This authorization will remain in full force and effect until
October 22; the termination of the interim order; or upon filing of
a notice of default, whichever occurs first.
The Debtor projects total operational expenses of $201,018.43 for
the period from September 23 to October 23.
Events of default include the Debtor's failure to comply with any
of the terms or conditions of the third interim order and failure
to file a Chapter 11 plan.
The Debtor believes that certain proceeds generated from its
continuing operations may constitute cash collateral of the U.S.
Small Business Administration and CT Corporation System, believed
to represent Kapitus, LLC. The secured creditors may assert a
security interest in all of the Debtor's assets.
Each of the secured creditor's liens on the collateral securing
debts will extend to the Debtor's post-petition assets to the
extent and amount that they are secured as of the petition date.
These replacement liens are subject to and subordinate to a fee
carveout.
The Debtor has an outstanding SBA loan with a balance of
approximately $1.96 million and acknowledges a UCC-1 financing
statement filed by Kapitus in July 2025, although it argues Kapitus
is unsecured as to cash collateral.
The Debtor, which operates with 39 employees and has been in
business since 2010, attributes its bankruptcy filing to lingering
impacts of the COVID-19 pandemic and broader economic challenges.
The next hearing is set for October 22.
About Southern Express Inc.
Southern Express Inc. provides motorcoach and shuttle
transportation services across the southern United States,
including corporate charters, event and campus shuttles, school and
family trips, and airport transfers. Founded in 2010 by industry
professionals Bruce Bechard and Vance Hoover, the privately held
company operates a modern, sanitized fleet staffed by certified
driving professionals and emphasizes locally made decisions to
ensure consistent, client-focused service.
Southern Express sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-02978) on August 5,
2025, listing $3,330,694 in assets and $6,321,019 in liabilities.
R. Vance Hoover, president of Southern Express, signed the
petition.
Judge Pamela W. Mcafee oversees the case.
Jason L. Hendren, Esq., at Hendren, Redwine & Malone, PLLC,
represents the Debtor as legal counsel.
SPIRIT AIRLINES: To Exit 2 US Airports, Suspend 40 Routes
---------------------------------------------------------
Vedat Özgur Tore of ftn News reports that Spirit Airlines plans to
suspend 40 routes and exit two U.S. airports this fall as part of a
November 2025 network overhaul designed to cut costs during its
second bankruptcy restructuring in 2025. The move will reduce the
carrier's overall capacity by 25% and result in furloughs for about
1,800 flight attendants, according to company disclosures.
The reductions begin October 31, 2025 at Hartford's Bradley
International Airport and December 1, 2025 at Minneapolis–St.
Paul International Airport. They follow an earlier round of
cancellations affecting 11 U.S. cities, including Albuquerque,
Birmingham, Boise, and San Diego, marking the most significant
retrenchment in Spirit's network this year as the airline works to
stabilize operations, the report states.
Industry analysts say the cuts, which remove Spirit from both
Hartford and Minneapolis entirely, underscore the financial strain
facing the low-cost carrier. With 40 routes dropped—representing
a quarter of its planned November activity—Spirit's downsizing is
among the largest recent pullbacks for a U.S. budget airline,
reducing travel options in midsize markets and easing competition
for larger carriers.
About Spirit Airlines
Spirit Airlines, LLC (SAVE) is a low-fare carrier committed to
delivering the best value in the sky by offering an enhanced travel
experience with flexible, affordable options. Spirit serves
destinations throughout the United States, Latin America and the
Caribbean with its Fit Fleet, one of the youngest and most
fuel-efficient fleets in the U.S. On the Web:
http://wwww.spirit.com/
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 24-11988) on Nov. 18, 2024, after
reaching terms of a pre-arranged plan with bondholders.
At the time of the filing, Spirit Airlines reported $1 billion to
$10 billion in both assets and liabilities. Judge Sean H. Lane
oversees the case.
The Debtors tapped Davis Polk & Wardwell, LLP as legal counsel;
Alvarez & Marsal North America, LLC, as financial advisor; and
Perella Weinberg Partners LP as investment banker. Epiq Corporate
Restructuring, LLC, is the claims agent.
Paul Hastings, LLP and Ducera Partners, LLC serve as legal counsel
for the Ad Hoc Group of Convertible Noteholders.
Akin Gump Strauss Hauer & Feld, LLP and Evercore Group LLC
represent the Ad Hoc Group of Senior Secured Noteholders.
The official committee of unsecured creditors retained Willkie Farr
& Gallagher LLP as counsel.
Citigroup Global Markets, Inc., is serving as financial advisor and
Latham & Watkins LLP is serving as legal counsel to Frontier.
2nd Attempt
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 25-11896) on August 29, 2025. In its
petition, the Debtors reports estimated assets and liabilities
between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Sean H. Lane handles the case.
The Debtor is represented by Marshall Scott Huebner, Esq. and
Darren S. Klein, Esq. at Davis Polk & Wardwell LLP.
SSI PRODUCTS: Seeks to Hire Laurance C. Boyd as Bankruptcy Counsel
------------------------------------------------------------------
SSI Products, LLC seeks approval from the U.S. Bankruptcy Court for
the U.S. Bankruptcy Court for the Northern District of Texas to
hire The Law Office of Laurance C. Boyd, PLLC to handle the
bankruptcy proceedings.
The firm has been paid a retainer of $21,738 in connection with
this proceeding, which included the filing fee of $1,738.
Laurance C. Boyd, the attorney responsible for the case, will
charge $300 per hour for his services.
Mr. Boyd attests that he does not presently hold or represent any
interest adverse to the interests of the Debtor or its estate, and
is disinterested within the meaning of 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Laurance C. Boyd, Esq.
THE LAW OFFICE OF LAURANCE C. BOYD, PLLC
12740 Hillcrest Road, Suite 138
Dallas, TX 75230
Telephone: (972) 460-5600
Email: larry@lcboyd-law.com
About SSI Products, LLC
SSI Products, LLC, based in Fort Worth, Texas, manufactures and
distributes laboratory consumables, including various grades of
glass microfiber filters, oil and grease filters, cellulose
filters, syringe filters, and aluminum weighing pans. Founded in
2008, the Company serves environmental laboratories, water
treatment plants, and industrial manufacturers across the United
States, providing products designed to enhance laboratory
performance while reducing operational costs.
SSI Products, LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No.
25-43542) on September 16, 2025, listing $1 million to $10 million
in both assets and liabilities. Terry Treacy signed the petition as
authorized representative of the Debtor.
Judge Edward L Morris presides over the case.
Laurance C. Boyd, Esq. at THE LAW OFFICE OF LAURANCE C. BOYD, PLLC
represents the Debtor as counsel.
STARWOOD PROPERTY: Moody's Rates New $500MM Unsecured Notes 'Ba3'
-----------------------------------------------------------------
Moody's Ratings has assigned a Ba3 rating to Starwood Property
Trust, Inc.'s (STWD) proposed $500 million senior unsecured notes
due 2028. STWD's Ba2 corporate family rating and Ba3 senior
unsecured ratings and Starwood Property Mortgage, LLC's Ba2 senior
secured bank credit facility ratings are unaffected by this
transaction. Starwood Property Trust, Inc.'s outlook is stable.
RATINGS RATIONALE
The Ba3 rating assigned to STWD's proposed senior unsecured debt
reflects its effectively subordinated, lower priority of claim on
the company's earning assets compared to secured lenders. Net
proceeds from the transaction will be used for general corporate
purposes, which may include the paying down of existing secured
financing facilities.
STWD's Ba2 CFR reflects the company's track record of strong asset
quality, prominent competitive position in multiple commercial real
estate (CRE) businesses that provide greater revenue diversity than
most peers, effective liquidity management, and its affiliation
with Starwood Capital Group (SCG), the well-established CRE
investment and asset management firm. STWD has diverse funding
sources and a manageable distribution of debt maturities. It
maintains a solid capital cushion given the composition of its
earning assets, although increasing investment activity could lead
to a modest rise in leverage.
STWD's ratings are constrained by its reliance on
confidence-sensitive secured funding and its high exposure to the
inherent cyclicality of the CRE industry. Moody's also expects some
modest asset quality deterioration as a result of the ongoing
challenges in the CRE market and elevated interest rates.
The stable outlook reflects Moody's views that STWD's capital
position and funding profile will remain stable over the next 12-18
months, despite the potential for weakening in asset quality.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Moody's could upgrade STWD's ratings if the company: 1) further
diversifies its funding sources to include additional senior
unsecured debt and lower reliance on market-sensitive repurchase
facilities; 2) maintains strong, stable profitability and low
credit losses; and 3) maintains a strong capital position.
STWD's ratings could be downgraded if the company: 1) experiences a
material deterioration in asset quality; 2) weakens its capital
position; 3) increases exposure to volatile funding sources or
otherwise encounters material liquidity challenges; 4) rapidly
accelerates growth; or 5) suffers a sustained decline in
profitability.
The principal methodology used in this rating was Finance Companies
published in July 2024.
STATELINE HOLDINGS: Taps Wadsworth Garber as Bankruptcy Counsel
---------------------------------------------------------------
Stateline Holdings LLC seeks approval from the U.S. Bankruptcy
Court for the District of Colorado to hire Wadsworth Garber Warner
Conrardy, P.C. as bankruptcy counsel.
The firm's services include:
(a) prepare all necessary legal papers in this Chapter 11
case;
(b) perform all legal services for the Debtor which may become
necessary; and
(c) represent the Debtor in any litigation which it determines
is in the best interest of the estate, whether in state or federal
court(s).
The firm will be paid at these rates:
David Wadsworth, Attorney $500 per hour
Aaron Garber, Attorney $500 per hour
David Warner, Attorney $425 per hour
Aaron Conrardy, Attorney $425 per hour
Hallie S. Cooper, Attorney $225 per hour
Paralegals $125 per hour
The firm received from the Debtor a retainer of $30,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Wadsworth disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Aaron A. Garber, Esq.
Wadsworth Garber Warner Conrardy, P.C.
2580 West Main Street, Suite 200
Littleton, CO 80120
Tel: (303) 296-1999
Fax: (303) 296-7600
Email: agarber@wgwc-law.com
About Stateline Holdings LLC
Stateline Holdings LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. D. Col. Case No.
25-16138) on September 23, 2025, listing $500,001 to $1 million in
assets and $100,001 to $500,000 in liabilities.
Judge Thomas B Mcnamara presides over the case.
Aaron A. Garber, Esq., at Wadsworth Garber Warner Conrardy, P.C.,
represents the Debtor as legal counsel.
STEELCASE INC: S&P Places 'BB+' Notes Rating on Watch Negative
--------------------------------------------------------------
S&P Global Ratings placed its 'BB+' issue-level rating on Steelcase
Inc.'s notes on CreditWatch with negative implications.
S&P will likely withdraw its 'BB+' issuer credit rating on
Steelcase following completion of the acquisition.
S&P said, "We will resolve the CreditWatch placement when the
exchange transaction closes. We could lower our issue-level credit
rating on any unexchanged Steelcase notes by up to two notches to
'BB-', reflecting weaker recovery prospects for unsecured note
holders in the event of a default."
Steelcase Inc. has reached an agreement with HNI Corp. to be
acquired in a primarily cash and stock transaction.
HNI announced its intention to exchange Steelcase's rated senior
unsecured notes for HNI's senior secured notes. HNI will be the
issuer of the exchanged notes.
S&P believes a portion of Steelcase notes may not be exchanged and
will be subordinate to all of the proposed secured debt in HNI's
pro forma capital structure.
The CreditWatch placement reflects potentially lower recovery
prospects for any Steelcase unsecured note holders that do not
exchange into HNI's secured notes. Any unexchanged Steelcase notes
will remain in an unsecured position relative to HNI's proposed
senior secured credit facility and the proposed exchanged HNI
secured notes. In addition to lacking security on legacy HNI
collateral, unexchanged Steelcase note holders will also be in a
subordinate position relative to Steelcase collateral, given that
Steelcase will provide secured guarantees to the HNI secured credit
facilities and secured exchanged notes. Further, S&P believes that
unexchanged Steelcase note holders could potentially lose the
benefit of certain existing covenants and restrictive provisions
upon completion of the exchange.
S&P said, "We expect to resolve the CreditWatch when the exchange
transaction closes. We could lower our issue-level credit rating on
any unexchanged Steelcase notes by up to two notches to 'BB-' and
our recovery rating to '6' from the existing '3', reflecting weaker
recovery prospects for unsecured notes holders in the event of a
default."
SUNNOVA ENERGY: Disclosure Statement Has Interim Approval
---------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Texas
conditionally approved the adequacy of the Third Amended Disclosure
Statement for the Third Amended Chapter 11 Plan filed by Sunnova
Energy International Inc. ("SEI") and its debtor affiliates.
Deadline to accept or reject the Debtors' Chapter 11 plan is Oct.
13, 2025, at 4:00 p.m. (Prevailing Central Time).
According to the Troubled Company Reporter on Sep. 22, 2025, the
Debtors submitted a Third Amended Disclosure Statement for the
Third Amended Chapter 11 Plan dated September 11, 2025.
Founded in 2012 with a mission to power energy independence with
clean, reliable, and affordable electricity, Sunnova is a market
leader in the residential solar industry, serving hundreds of
thousands of customers in more than fifty U.S. states and
territories.
In the weeks and months leading to and following the Petition Date,
the Company and its advisors engaged in extensive negotiations with
their major constituents and potential third party investors
regarding potential (a) out-of-court capital solutions, (b) bridge
financing, (c) postpetition financing, and (d) a postpetition
marketing process. Ultimately, certain members of the Ad Hoc Group
(the "DIP Lenders" or the "Purchasers") provided the only
actionable financing, through a $90 million new money term loan
facility (the "DIP Facility"), funded in two tranches.
In connection therewith, the Debtors and the DIP Lenders entered
into that certain Asset Purchase Agreement, dated as of June 13,
2025 (the "WholeCo Stalking Horse Agreement"). The WholeCo Stalking
Horse Agreement contemplated the DIP Lenders acquiring
substantially all the Company's assets, including the Debtors'
equity interests in (a) AssetCo and (b) the Debtors' management and
servicing business ("ServiceCo," and together with AssetCo,
"WholeCo") by (x) credit-bidding their claims under the DIP
Facility, (y) assuming certain of the Company's liabilities, and
(z) paying $10 million in cash (such transaction, the "Sale
Transaction").
Pursuant to the Bidding Procedures approved by the Bankruptcy
Court, the Debtors, with assistance of their Advisors, contacted
187 parties, 74 of which executed non-disclosure agreements, and 7
of which submitted qualified bids for various collections of the
Debtors' assets. In addition to the WholeCo Stalking Horse
Agreement, the Debtors entered into a stalking horse agreement with
Omnidian, Inc. for the sale of ServiceCo. The Debtors subsequently
held an auction among the qualified bidders (the "Auction"), which
yielded more than thirty rounds of bids for certain subsets of the
Debtors assets.
In response to the Auction, the DIP Lenders increased the bid
memorialized in the WholeCo Stalking Horse Agreement by $15 million
in cash, plus an assumption of up to $3 million in cure costs. The
Debtors determined that proceeding with the Sale Transaction,
subject to the improved economics, was in the best interests of
their Estates, and on July 31, 2025, the Bankruptcy Court approved
the Sale Transaction. On September 3, 2025, the Sale Transaction
closed.
Pursuant to the Plan, the Debtors intend to distribute proceeds of
the Transactions and other property of the Debtors' Estates to
creditors. Specifically, the Plan contemplates (i) the
establishment of a Creditor Trust that owns all remaining property
of the Debtors' Estates, including certain Causes of Action, after
payments of administrative claims, (ii) the distribution of
beneficial interests in the Creditor Trust to the Holders of Senior
Notes Claims, General Unsecured Claims, and Convertible Notes
Claims, on a pro rata, "per debtor" basis, subject to the Creditor
Trust Net Assets Allocation to be proposed by the Creditor Trustee
and approved by the Creditor Trust Oversight Board, and (iii) the
orderly wind down of the Debtors' Estates.
The Plan is the culmination of a series of successes in these
Chapter 11 Cases, which the Debtors commenced just three months
prior to the date hereof, without postposition financing, and with
only $13.5 million cash on hand. While entry into the DIP Facility
and the WholeCo Stalking Horse Agreement kickstarted this process,
the Transactions have allowed the Debtors to recover more than $90
million in cash and related consideration: (i) $15 million through
the TEPH Sale; (ii) $16 million through the Lennar sale; (iii) $6
million through the Pulte Sale; (iv) $30 million through the Second
ASPA Settlement; and (v) $28 million through the Sale Transaction.
Class 4 consists of General Unsecured Claims. On the Effective
Date, each Holder of an Allowed General Unsecured Claim shall
receive, except to the extent that such Holder agrees to less
favorable treatment, Creditor Trust Beneficial Interests, entitling
each Holder of an Allowed General Unsecured Claim to its Pro Rata
share of the applicable Creditor Trust Net Assets Allocations. The
allowed unsecured claims total $319 million. This Class will
receive a distribution of 1.9% to 2.2% of their allowed claims.
On the Effective Date, Allowed Intercompany Interests shall, at the
election of the Creditor Trustee be (a) Reinstated, (b) set off,
settled, addressed, distributed, contributed, merged, cancelled, or
released, or (c) otherwise addressed at the option of the Creditor
Trustee, without any distribution, in each case in accordance with
the Wind Down Transactions Memorandum. For the avoidance of doubt,
no holder of an Intercompany Interest shall become a beneficiary of
the Creditor Trust Beneficial Interests.
As further set forth in the Disclosure Statement, on or after the
Effective Date, the Creditor Trust, as applicable, shall make Plan
Distributions on account of Allowed Claims in accordance with the
Plan using the Creditor Trust Net Assets.
"Creditor Trust Net Assets" means the Creditor Trust Assets less
the Creditor Trust Fees and Expenses. "Creditor Trust Assets"
means, collectively, all remaining property of the Estates
including, without limitation, all Assumed Insurance Policies, all
assets received by the Debtors' Estates in connection with the
Second ASPA Settlement, and Estate Causes of Action, after payment
of all Administrative/Priority Claims, Professional Fee Claims,
unpaid Unsecured Notes Trustee Fees accrued through and including
the Effective Date, and any Quarterly Fees.
A full-text copy of the Third Amended Disclosure Statement dated
September 11, 2025 is available at https://urlcurt.com/u?l=s9tUpf
from Kroll Restructuring Administration LLC, claims agent.
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on June 8,
2025. In its petition, the Debto reports estimated assets and
liabilities between $10 billion and $50 billion each.
The Debtor is represented by Jason Gary Cohen, Esq. at Bracewell
LLP.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Sunnova
Energy International, Inc. and its affiliates.
SUNNOVA ENERGY: Oct. 15 Combined Disclosure & Plan Hearing Set
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Texas will
hold a combined hearing on Oct. 15, 2025, at 10:00 a.m. (Prevailing
Central Time), before the Hon. Alfredo R. Perez, 515 Rusk Street,
Houston, Texas 77002, to consider the adequacy of the disclosure
statement on a final basis, and confirm the Third Amended Joint
Chapter 11 Plan of Sunnova Energy International Inc. and its
debtor-affiliates.
Objection to the approval of the Debtors' Disclosure Statement, and
confirmation of their Chapter 11 plan, if any, must be filed no
later than 4:00 p.m. (Prevailing Central Time) on Oct. 13, 2025.
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy International and its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-90160) on June 8, 2025. In the petitions signed by Ryan
Omohundro, chief restructuring officer, Sunnova Energy disclosed
between $10 billion and $50 billion in both assets and
liabilities.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Bracewell, LLP, Kirkland & Ellis, LLP and
Kirkland & Ellis International, LLP as counsel; Moelis & Company,
LLC as investment banker; and Alvarez & Marsal North America, LLC
as financial advisor. Kroll Restructuring Administration LLC is
the Debtors' claims, noticing and solicitation agent.
The law firm of Paul Hastings LLP is representing the ad hoc group
(the "AHG") of holders of secured notes and convertible senior
notes.
The official committee of unsecured creditors retained Lowenstein
Sandler LLP as co-counsel, Munsch Hardt Kopf & Harr, PC, as
co-counsel, and Province LLC as financial advisor.
SUNSET FITNESS: M. Douglas Flahaut Named Subchapter V Trustee
-------------------------------------------------------------
The U.S. Trustee for Region 16 appointed M. Douglas Flahaut as
Subchapter V trustee for Sunset Fitness, LLC.
Mr. Flahaut will be paid an hourly fee of $680 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Flahaut declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
M. Douglas Flahaut
ArentFox Schiff LLP | Attorneys at Law
Gas Company Tower
555 West Fifth Street, 48th Floor
Los Angeles, California 90013
Telephone: (213) 443-7559
Facsimile: (213) 629-7401
Email: douglas.flahaut@afslaw.com
About Sunset Fitness LLC
Sunset Fitness, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-18336) on September
19, 2025, with $50,001 to $100,000 in assets and $500,001 to $1
million in liabilities.
Judge Neil W. Bason oversees the case.
Michael Jay Berger, Esq., represents the Debtor as legal counsel.
TEHUM CARE: Boettinger, et al. Lose Bid to Stay Wood Case
---------------------------------------------------------
Judge Ellen Lipton Hollander of the United States District Court
for the District of Maryland denied the motion filed by Sandra
Boettinger, RN, and Megan Dubrawsky, RN to stay the case captioned
as SHELTON LAMONT WOOD, Plaintiff, v. SANDRA J. BOETTINGER, RN, et
al., Defendants, Case No. 23-cv-01705-ELH
(D. Md.).
This is a civil rights action under 42 U.S.C. Sec. 1983, filed by
plaintiff Shelton Lamont Wood, a Maryland prisoner, against Sandra
Boettinger, RN, and Megan Dubrawsky, RN. They are nurses who were
formerly employed by YesCare Corp. In general, plaintiff alleges a
denial of medical care following an injury he suffered at Western
Correctional Institution.
On Feb. 13, 2023, Tehum Care Services, Inc. , f/k/a Corizon Health,
Inc., and now known as YesCare Corp., filed a petition for relief
under Chapter 11 of the Bankruptcy Code in the United States
Bankruptcy Court for the Southern District of Texas. By order of
March 3, 2025, the Bankruptcy Court confirmed the First Modified
Joint Chapter 11 Plan of Reorganization of the Tort Claimants'
Committee, Official Committee of Unsecured Creditors and the
Debtor.
The Plan incorporated a settlement agreement between Tehum, YesCare
and certain of its affiliates, the Official Committee of Tort
Claimants, and the Official Committee of Unsecured Creditors to
resolve causes of action against YesCare and certain of its
affiliates. The Bankruptcy Court's confirmation of the Plan and
Settlement created a personal injury and/or wrongful death trust to
enable claimants to obtain recovery. The Bankruptcy Court approved
voting and solicitation procedures by which personal injury or
wrongful death claimants were entitled to receive a ballot and an
opt out release form. A claimant who did not opt out of the
third-party releases by checking the appropriate box on the Release
Form was deemed to consent to the Plan.
Under the Plan, channeled claimants participated in the trust and
released claims against YesCare and its affiliates, including
former employees, such as defendants in this case. In exchange,
YesCare contributed additional funds to the personal injury and/or
wrongful death trust.
On May 15, 2025, in the Bankruptcy Case, YesCare filed an Omnibus
Motion to Enjoin Plaintiffs from Prosecuting Cases Against Released
Parties. YesCare argued that Wood, among others, did not opt out of
the Plan, despite having knowledge and notice of the bankruptcy
proceedings. Therefore, YesCare maintained that Wood, as a
consenting claimant, was enjoined from maintaining suit against
defendants.
On June 11, 2025, pursuant to 28 U.S.C. Sec. 1915(e)(1), the
District Court granted Wood's motion for appointment of counsel.
On July 14, 2025, after the Bankruptcy Court held the hearing on
the Motion to Enjoin, defendants moved to stay this case until the
Bankruptcy Court issues an Order deciding the Omnibus Motion to
Enjoin.
In an Aug. 7, 2025 ruling, the Bankruptcy Court granted in part and
denied in part the Motion to Enjoin. The Bankruptcy Court concluded
that some claimants, including Wood, were not served an Opt-Out
Release Form and therefore are not bound by the consensual
third-party releases in the Plan. Wood only received notice by
publication. The Bankruptcy Court rejected YesCare's argument that
publication notice or other forms of notice unrelated to Plan
confirmation could bind claimants such as Wood.
Soon after that court's ruling, on Aug. 11, 2025, plaintiff's
counsel filed an opposition to the Stay Motion. Plaintiff argues
that because the Bankruptcy Court has decided the Motion to Enjoin,
defendants' Stay Motion is moot. Plaintiff also emphasizes the
significance of the Bankruptcy Court's decision as to Wood's case.
Plaintiff explains that the Bankruptcy Court's order allows Wood to
further prosecute this action because his claim is not bound by the
release.
YesCare has appealed the Bankruptcy Court's ruling that some
claimants, including Wood, are not bound by third-party releases
More recently, on Aug. 21, 2025, the District Court appointed
Justin P. Zuber and Laura Greeves Zois, of the firm Miller & Zois,
LLC, as Wood's pro bono counsel. On Aug. 22, 2025, Thronson
withdrew as Wood's counsel. As indicated, defendants framed their
Stay Motion as a request to halt this case until the Bankruptcy
Court issued a decision on the Motion to Enjoin. The Bankruptcy
Court has now ruled. For claimants such as Wood, who did not
receive the Release Form, the Bankruptcy Court did not preclude the
claimants from litigating against so called released parties,
including former YesCare employees.
Judge Hollander holds, "As I see it, the Stay Motion is now moot.
On that basis, I shall deny the Stay Motion."
A copy of the Court's Memorandum and Order is available at
https://urlcurt.com/u?l=F5nIDh from PacerMonitor.com.
About Tehum Care Services
Tehum Care Services Inc., doing business as Corizon Health Services
Inc., is a privately held prison healthcare contractor in the
United States. It is based in Brentwood, Tenn.
Tehum Care Services filed a petition for relief under Chapter 11 of
the Bankruptcy Code (Bankr. S.D. Tex. Case No. 23-90086) on Feb.
13, 2023. In the petition filed by Russell A. Perry, as chief
restructuring officer, the Debtor reported assets between $1
million and $10 million and liabilities between $10 million and $50
million.
Judge Christopher M. Lopez oversees the case.
The Debtor tapped Gray Reed & McGraw, LLP as bankruptcy counsel;
Bradley Arant Boult Cummings, LLP, as special litigation counsel;
and Ankura Consulting Group, LLC, as financial advisor. Russell A.
Perry, senior managing director at Ankura, serves as the Debtor's
chief restructuring officer. Kurtzman Carson Consultants, LLC, is
the claims, noticing and solicitation agent.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
Stinson, LLP and Dundon Advisers, LLC, serve as the committee's
legal counsel and financial advisor, respectively.
In March 2025, the Bankruptcy Court entered an Order Confirming the
Debtors' First Modified Joint Chapter 11 Plan of Reorganization.
TEXAS REIT: Trustee Seeks to Tap Streusand Landon as Legal Counsel
------------------------------------------------------------------
Gregory S. Milligan, the Trustee for Texas REIT, LLC, seeks
approval from the U.S. Bankruptcy Court for the Western District of
Texas to employ Streusand, Landon, Ozburn & Lemmon, LLP to perform
legal services in connection with her duties as trustee of the
estate.
The firm will be paid at these hourly rates:
Stephen Lemmon, Attorney $750
Rhonda Mates, Attorney $525
Paraprofessional $150 - $205
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Lemmon disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Stephen W. Lemmon, Esq.
Streusand, Landon, Ozburn & Lemmon LLP
1801 S. MoPac Expressway, Suite 320
Austin, TX 78746
Telephone: (512) 236-9900
Facsimile: (512) 236-9904
Email: lemmon@slollp.com
About Texas REIT, LLC
Texas REIT, LLC owns a strip center in Houston, Texas located at
8050-8098 Westheimer.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 24-10120) on February 6,
2024. In the petition signed by Drew Dennett, authorized
representative, the Debtor disclosed up to $10 million in both
assets and liabilities.
Judge Shad Robinson oversees the case.
Stephen W. Sather, Esq., at Barron & Newburger, PC, represents the
Debtor as legal counsel.
On August 14, 2025, Gregory S. Milligan was appointed as trustee in
this Chapter 11 case. He tapped Streusand, Landon, Ozburn & Lemmon,
LLP as his counsel.
THYNG VENTURES: Douglas Flugum Named Subchapter V Trustee
---------------------------------------------------------
The Acting U.S. Trustee for Region 12 appointed Douglas Flugum as
Subchapter V trustee for Thyng Ventures, LLC.
Mr. Flugum will be paid an hourly fee of $275 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Flugum declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Douglas Flugum
P.O. Box 308
Cedar Rapids, IA 52406
Email: dflugum@bugeyeventures.com
About Thyng Ventures LLC
Thyng Ventures, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. S.D. Iowa Case No. 25-01627) on
September 22, 2025, with $100,001 to $500,000 in assets and
$1,000,001 to $10 million in liabilities.
Judge Lee M. Jackwig presides over the case.
Robert C. Gainer, Esq., represents the Debtor as legal counsel.
TOCO WARRANTY: Case Summary & 13 Unsecured Creditors
----------------------------------------------------
Debtor: Toco Warranty Corp.
7324 Southwest Freeway, Suite 1900
Houston, TX 77074
Business Description: Toco Warranty Corporation provides vehicle
service contracts in the U.S., offering
repair protection, nationwide repair network
access, and roadside assistance. The
Company pioneered a month-to-month
subscription model to lower consumer costs
and enhance payment flexibility. It also
delivers customer-focused service and offers
Toco At Work, enabling employers to provide
vehicle breakdown coverage as an employee
benefit.
Chapter 11 Petition Date: September 25, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Case No.: 25-35630
Judge: Hon. Jeffrey P Norman
Debtor's Counsel: T. Josh Judd, Esq.
ANDREWS MYERS, P.C.
1885 Saint James Place, 15th Floor
Houston, TX 77056
Tel: 713-850-4200
E-mail: jjudd@andrewsmyers.com
Total Assets as of August 31, 2025: $1,242,049
Total Liabilities as of August 31, 2025: $9,640,745
Todd Early signed the petition as interim president.
A full-text copy of the petition, which includes a list of the
Debtor's 13 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/BMS4OVQ/Toco_Warranty_Corp__txsbke-25-35630__0001.0.pdf?mcid=tGE4TAMA
Joint Administration Sought
Affiliated companies Toco Holdings, L.L.C. and Toco Warranty Corp.
jointly sought emergency court approval to handle their Chapter 11
cases together for procedural efficiency, under the lead case
number 25-35378. The Debtors argue that separate hearings on
similar motions for each company would waste judicial resources, as
both are co-managed. The filings arise from debts linked to a
breach of contract claim brought by a former employee and officer.
TOMATLAN INC: Wins Interim Approval to Use Cash Collateral
----------------------------------------------------------
The U.S. Bankruptcy Court for the Western District of New York
entered an interim order allowing Tomatlan, Inc. to continue using
cash collateral.
The interim order authorized the Debtor to continue to use cash
collateral in accordance with its budget.
The court determined that the secured creditors' interests are
adequately protected, and their rights remain unaffected by this
interim use.
The next hearing is scheduled for October 23.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/g7wlU from PacerMonitor.com.
According to its bankruptcy schedules, the Debtor holds
approximately $55,000 in assets, which are encumbered by various
secured claims. KeyBank, N.A. holds a first priority blanket lien
based on a line of credit initiated in 2018, with approximately
$75,000 currently outstanding. A second lien is held by the U.S.
Small Business Administration for around $470,000, related to a
COVID-19 disaster recovery loan. In addition to these, the Debtor
has financing arrangements with several merchant cash advance
lenders including Ready Capital, Can Capital, Rapid Finance,
Network Rewards, LG Funding LLC, Highland Hill Capital LLC, and MNY
Capital LLC whose collective claims total over $350,000. These
lenders have perfected Uniform Commercial Code security interests
on various dates between 2018 and 2024, with lien expirations
ranging into 2029.
About Tomatlan Inc.
Tomatlan, Inc. operates Rio Tomatlan, a Mexican restaurant in
Canandaigua, New York. The Company specializes in Pacific Coast
Mexican cuisine made from scratch using locally sourced, seasonal
ingredients. It also offers catering services and private event
hosting.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. N.Y. Case No. 25-20547) on July 22,
2025. In the petition signed by Juan R. Guevara, as president and
sole shareholder, the Debtor disclosed $54,732 in total assets and
$1,101,411 in total liabilities.
Robert B. Gleichenhaus, Esq., at Gleichenhaus, Marchese & Weishaar,
P.C., represents the Debtor as legal counsel.
TORRID HOLDINGS: Continues to Defend Jillson Pricing Class Suit
---------------------------------------------------------------
Torrid Holdings Inc. disclosed in its Form 10-Q Report for the
annual period ending December 31, 2023 filed with the Securities
and Exchange Commission on September 15, 2025, that the Company
continues to defend itself from the Jillson pricing class suit in
the United States District Court for the Central District of
California.
In April 2024, a class action complaint was filed in the United
States District Court for the Central District of California
captioned Crystal Jillson and Carmen Perez v. Torrid LLC. The
complaint alleges misleading and unlawful pricing, sales, and
discounting practices on its website under multiple legal theories
including violation of California's Unfair Competition Law,
California False Advertising Law and California Consumer Legal
Remedies Act.
In May 2025, the Company entered into a proposed settlement
agreement to resolve this matter. The proposed settlement agreement
is subject to approval by the court.
As of the end of the second quarter of fiscal year 2025 and the end
of fiscal year 2024, the Company has $4.1 million and $4.7 million,
respectively, in accrued legal which is comprised of the estimated
probable loss for this case and other unrelated legal costs and is
included in accrued and other current liabilities in its condensed
consolidated balance sheets.
In October 2024, the Company were notified by a third-party vendor
that it had observed a potentially unauthorized access to its data
stored in a data warehouse.
It has been named as a defendant in six pending class action
lawsuits alleging that it failed to employ adequate security
measures to protect the data stored in the data warehouse.
On February 25, 2025, the United States District Court of the
Central District of California granted a motion to consolidate the
six lawsuits, and plaintiffs filed a single consolidated class
action complaint on April 28, 2025.
The Company intends to vigorously defend itself in this matter. It
is currently unable to determine the probability of the outcome of
this matter or the range of reasonably possible loss, if any.
Torrid Holdings Inc. owns a direct-to-consumer brand of apparel,
intimates and accessories in North America aimed at fashionable
women who are curvy and wear sizes 10 to 30. It generates revenues
primarily through its e-Commerce platform www.torrid.com and stores
in the United States of America, Puerto Rico and Canada.
TORRID LLC: S&P Alters Outlook to Negative, Lowers ICR to 'B-'
--------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on U.S.-based
plus-size women's direct-to-consumer apparel brand Torrid LLC to
'B-' from 'B' and revised the outlook to negative from stable. S&P
also lowered its issue-level rating on the senior secured term loan
to 'B-' from 'B'. The '3' recovery rating is unchanged.
The negative outlook reflects the risk that S&P could lower the
ratings if Torrid's liquidity position and cushion over debt
service requirement deteriorates, leading it to view the capital
structure as unsustainable.
Torrid reported a $6 million free operating cash flow (FOCF)
deficit in the first half of fiscal 2025 compared with nearly $60
million of positive FOCF in the prior year period. S&P attributes
this to weaker consumer discretionary spending, some product
misses, and increased promotional activity.
S&P expects tariff-related headwinds, including higher inventory
costs and weaker consumer discretionary spending, will weigh on
Torrid's FOCF generation and result in thin coverage over its
interest and amortization requirements over the next 12 months.
The downgrade reflects Torrid's weaker prospects amid an
unfavorable environment and operating risks associated with its
retail store optimization strategy. Given the company's weaker
performance year to date (YTD), accelerated store closures, and
additional clarity surrounding Torrid's tariff exposure, S&P now
forecasts revenue declines 8% in fiscal 2025 with S&P Global
Ratings-adjusted EBITDA margins declining 260 basis points (bps) to
11.3%. This compares with our previous expectation for a 2% revenue
decline and 170-bp contraction in its adjusted EBITDA margin.
Torrid revised its full-year EBITDA guidance down by nearly 15%
following its second quarter (ended Aug. 2, 2025) to incorporate
the higher tariffs announced in July and an incremental $5 million
of marketing investments to drive customer acquisition.
Specifically, Torrid expects its full-year unmitigated tariff
impact to be $10 million, net of $40 million mitigation strategies
already taken based on the initial tariff announcements earlier in
the year. The guidance revision also follows weaker performance
trends YTD, including a 6.3% sales decline, 5% comparable store
sales decline, and 230-bp contraction in its S&P Global
Ratings-adjusted EBITDA margin.
Torrid also closed 59 stores in the first half of the year and
intends to accelerate its closures with up to 120 additional store
closures (30% of its store base) in the second half. S&P said,
"Although we view the store closures as strategically important to
realigning Torrid's operating model with customer preferences, it
adds complexity and risk to its operations over the next 12 months
given the importance of customer retention. We now view Torrid's
business risk as vulnerable given its high sensitivity to consumer
spending, macroeconomic conditions, changes in customer
preferences, and its significant store closures, which could
indicate declining demand for its product offering."
S&P said, "We forecast thinning cushion over Torrid's relatively
high debt service requirements. We forecast lower FOCF of about $30
million in fiscal 2025, compared with $63 million in the prior
year. The company has relatively high debt service requirements
consisting of about $35 million in interest expense and $17.5
million of mandatory principal amortization payments. We believe
these costs restrict Torrid's operating flexibility, including its
ability to sustain further FOCF declines if macroeconomic or
tariff-related headwinds mount."
Financial sponsor Sycamore Partners Management L.P. recently
reduced its ownership to 58% from 72% through a secondary offering
in which Torrid agreed to purchase $20 million of its common stock.
S&P views Torrid's willingness to use cash to repurchase the shares
from Sycamore as akin to a distribution and, therefore, indicative
of a more aggressive financial policy. As a result, S&P revised its
financial policy modifier to FS-6 and its financial risk to highly
leveraged.
S&P said, "We believe Torrid maintains adequate liquidity. The
company recently extended its $150 million asset-based lending
(ABL) facility to August 2030 (with a springing maturity 91 days
ahead of its term loan due June 2028). As of the second quarter,
Torrid had total liquidity of $122 million consisting of $22
million of cash on balance sheet and $90 million of availability
under its ABL. We note the ABL is subject to a springing
fixed-charge coverage covenant that could further restrict
availability during a period of stress."
The negative outlook reflects the risk that Torrid's liquidity
position and cushion over debt service requirement deteriorates,
leading us to view the capital structure as unsustainable.
S&P could lower the rating if the company's liquidity deteriorates
or cushion over its debt service requirements narrows, leading it
to view the capital structure as unsustainable. This could occur
because of:
-- Increased competitive pressures or merchandising missteps;
-- An inability to retain customers amid its retail store
optimization strategy; or
-- Mounting tariff-related cost pressures.
S&P could revise its outlook back to stable if the company
stabilizes its operating performance by successfully navigating a
challenging macroeconomic environment, including incrementally
mitigating tariff costs and demonstrating good customer retention
trends amid store closures. This would lead to:
-- Improving and stable FOCF;
-- Sufficient coverage of interest and amortization requirements;
and
-- Favorable prospects for a successful refinancing of its term
loan at par.
TUTOR PERINI: S&P Upgrades ICR to 'B', Outlook Positive
-------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on Tutor Perini
Corp. to 'B' from 'B-'. The outlook is positive.
S&P said, "We also raised our rating on the company's senior
unsecured notes due in 2028 to 'B+' from 'B'. Our recovery rating
remains '2', indicating our expectation for substantial recovery
(70%-90%) in the event of payment default. We revised our rounded
estimate to 85% from 80%.
"The positive outlook reflects our expectation that we could raise
the rating over the next 12 months if Tutor Perini sustains credit
measures in line with the higher rating as it works through
projects in its backlog."
Tutor Perini has increased its backlog steadily as it resolved
several legacy disputes the last few years. S&P expects S&P Global
Ratings-adjusted debt to EBITDA of about 1x in 2025 with the
potential to improve in 2026. Advance payments on projects in the
backlog and collections from legacy disputes will wind down,
reducing free operating cash flow (FOCF) while remaining in line
with a higher rating.
The upgrade reflects consistently improved project execution and
expanding backlog. S&P said, "We expect Tutor Perini to increase
revenue 23%-28% in 2025 and 15%-20% in 2026. Its backlog reached
$21.1 billion at the end of the second quarter, up from $18.7
billion at year-end 2024 and more than double from the $10.2
billion at year-end 2023. In our view, this demonstrates robust
demand from customers, particularly in the civil segment, which is
largely underpinned by the need for infrastructure improvements and
strong funding at state and local governments. We expect S&P Global
Ratings-adjusted EBITDA margin to improve to 7.5%-8.5% in 2025 and
8%-9% in 2026, up from the negative to break-even EBITDA of the
last few years through litigation and settlements related to the
resolution of disputes on various legacy projects."
The backlog is approximately 53% from the civil, 33% building, and
14% special contractors segments. Margin is the strongest in the
civil segment (S&P expects it will improve to the mid-teens percent
area), followed the building segment (low-single-digit percents).
S&P's forecasts does not capture the potential risk of cost
overruns, litigation expense, or charges from legacy disputes. Any
combination would reduce EBITDA margin as the company works toward
resolution.
S&P said, "Tutor Perini's fixed-price contracts have cost overruns
mitigating provisions and we will monitor its project execution.
The company has revised its bidding strategy to shift some risk
through contracted terms that mitigate expenses for circumstances
outside of its control. While these terms are not included in every
contract, we believe it indicates that customers are bearing more
risk, which has historically driven material margin deterioration.
We also expect Tutor Perini's bids will now align with more of its
core competencies (particularly for work within the specialty
contractor segment). Further, in the recent bid cycle there was
less competition from peers. Some of this is likely due to less
industry appetite for megaprojects.
"We also believe it demonstrates Tutor Perini's ability to perform
work on complex projects. In our view, this allowed for more
favorable terms with greater risk-sharing with customers. We
believe there should be less volatility. However, given the fixed
priced nature of the work, there is still exposure to cost overruns
if execution becomes challenged, which could lead to material
deterioration in credit measures.
"Tutor Perini's credit metrics improved materially with lower
leverage and strengthened cashflows, which provide cushion for
cyclicality inherent in the construction industry. Tutor Perini has
taken actions to support deleveraging, and we expect credit
measures will remain in line with the higher rating. We consider
the recent history of debt repayment to be a credit positive. The
company made voluntary prepayments on its first lien term loan
totaling over $235 million and redeemed about $120 million of
senior unsecured notes in 2024. Tutor Perini repaid the remaining
$122 million outstanding on its first-lien term loan in the first
quarter of 2025. This was performed as the company collected robust
cash related to the resolution of disputes on legacy projects (we
estimate $150 million-$300 million over the last few years, per
year). Separately, Tutor Perini received advance payments as it
substantially increased its backlog. We believe cash flow will
remain positive; normalized for settlement inflows in 2025.
"We expect S&P Global Ratings-adjusted debt to EBITDA of about 1x
in 2025 with modest improvement in 2026. We also expect Tutor
Perini will generate reported FOCF of $150 million-$200 million in
2025 incorporating potential working capital swings, improving to
$250 million-$300 million in 2026. We note working capital outflow
could become more pronounced if it does not win sizable new awards
over the next few years as work commences on backlogged
megaprojects. We believe Tutor Perini could look to return capital
to shareholders over the next few years but remain prudent with
capital allocation.
"The positive outlook reflects the improvement in the backlog,
progress on deleveraging, and potential that we could raise our
ratings on Tutor Perini within the next 12 months if the company
maintains credit measures in line with the higher rating as it
executes on backlogged projects. We expect S&P Global
Ratings-adjusted debt to EBITDA of about 1x in 2025 and 2026, which
it could reduce significantly during stress."
S&P could revise the outlook to stable over the next 12 months if:
-- S&P Global Ratings-adjusted debt to EBITDA increases above 4x;
or
-- S&P Global Ratings-adjusted FOCF to debt declines into the
single-digit percents; and
-- S&P expects credit measures to remain in that area.
This could occur if execution challenges on fixed priced contracts
emerge or continued litigation or legacy project disputes erode
earnings.
S&P could raise its rating on Tutor Perini over the next 12 months
if:
-- Operating performance remains consistent;
-- It maintains EBITDA margin improvement as it progresses on
higher-margin civil segment projects; and
-- Sustains S&P Global Ratings adjusted debt to EBITDA below 3x
and FOCF to debt of at least 15% on a sustained basis.
UNIFIED SCIENCE: Hires Brookshire Co as Real Estate Broker
----------------------------------------------------------
Unified Science, LLC seeks approval from the U.S. Bankruptcy Court
for the Western District of Wisconsin to hire Brookshire Co. LLC as
real estate broker.
The firm will market and sell the Debtor's property located at 811
Pine Street in saint Croix Falls, WI 54024.
The firm will receive a commission equal to 5 percent of purchase
price.
As disclosed in the court filings, Brookshire Co. is a
"disinterested person" as the term is defined in 11 U.S.C.
101(14).
The firm can be reached through:
Gerald Norton
Brookshire Co. LLC
860 Johnson Ferry Rd STE 140-314
Atlanta, GA 30342
About Unified Science LLC
Unified Science LLC, doing business as United Science, provides
services, consulting, and manufacturing for the pharmaceutical and
nutraceutical industries. The company offers product development,
process engineering, analytical development, and compliance
services. It positions itself as a scientific partner supporting
clients from development through to product launch.
Unified Science sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wis. Case No. 25-11162) on May 19,
2025. In its petition, the Debtor reported estimated assets between
$1 million and $10 million and estimated liabilities between $10
million and $50 million.
Judge Catherine J. Furay handles the case.
The Debtor is represented by Evan M. Swenson, Esq., at Swenson Law
Group, LLC.
Byline Bank, as lender, is represented by:
Daniel J. Habeck, Esq.
Cramer Multhauf LLP
1601 E. Racine Avenue, Suite 200
P.O. Box 558 Waukesha, WI 53187-0558
Phone: (262) 542-4278
Fax: (262) 542-4270
Email: djh@cmlawgroup.com
UNITED PROPERTY: Taps Marshack Hays Wood as General Counsel
-----------------------------------------------------------
United Property Maintenance Corporation dba California Construction
Superior seeks approval from the U.S. Bankruptcy Court for the
Central District of California to hire Marshack Hays Wood LLP to
serve as general counsel in its Chapter 11 Subchapter V case.
The firm will provide these services:
(a) develop and draft the Chapter 11 Subchapter V plan;
(b) negotiate with creditors to gain support for the plan;
(c) file motions and applications to protect the Debtor's
interests as necessary;
(d) assist in any possible liquidation of the Debtor's assets
and administer the Bankruptcy Estate;
(e) ensure compliance with the Bankruptcy Code, the Federal
Rules of Bankruptcy Procedure, and the Local Bankruptcy Rules,
including preparation and filing of periodic reporting;
(f) review and, if appropriate, object to creditor claims;
(g) represent the Debtor in any proceeding or hearing in the
Bankruptcy Court and in any action where the rights of the Debtor
or the Estate may be litigated or affected; and
(h) perform any and all other legal services incident and
necessary for the smooth administration of this bankruptcy case.
The firm's current hourly billing rates range from $770 for
partners to $350 for paralegals. Pre-petition, Marshack Hays Wood
LLP received a $36,800 retainer, which has since been applied.
According to court filings, the firm is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
David A. Wood, Esq.
Aaron E. De Leest, Esq.
Sarah R. Hasselberger, Esq.
MARSHACK HAYS WOOD LLP
870 Roosevelt
Irvine, CA 92620
Telephone: (949) 333-7777
Facsimile: (949) 333-7778
E-mail: dwood@marshackhays.com
adeleest@marshackhays.com
shasselberger@marshackhays.com
About United Property Maintenance
Corporation
United Property Maintenance Corporation, doing business as
California Construction Superior, provides residential and
commercial water damage restoration services in San Diego County,
California. The Company offers 24/7 emergency flood response, water
extraction, drying, mold prevention, and full-service rebuilding of
damaged areas including drywall, paint, and cabinetry. Its
operations include certified technicians, insurance consultations,
and the use of specialized equipment and virtual project tracking
technology.
United Property Maintenance Corporation sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-12226)
on August 11, 2025. In its petition, the Debtor reports total
assets of $470,779 and total liabilities of $2,271,035.
Honorable Bankruptcy Judge Mark D. Houle handles the case.
The Debtor is represented by David A. Wood, Esq. at MARSHACK HAYS
WOOD LLP.
VIVACE HOSPITALITY: Hires Thomas G. Zeichman as Legal Counsel
-------------------------------------------------------------
Vivace Hospitality LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to hire Thomas G.
Zeichman of Beighley, Myrick, Udell, Lynne & Zeichman, P.A. to
serve as legal counsel in its Chapter 11 case.
Mr. Zeichman will provide these services:
(a) give advice to the Debtor with respect to its powers and
duties as Debtor-in-Possession;
(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 negotiations with creditors in the
preparation of a plan.
Mr. Zeichman will receive an hourly rate of $500. The hourly rate
for other attorneys at the firm ranges from $400 to $400.
Paralegals will be billed at an hourly rate of $195.
Beighley, Myrick, Udell, Lynne & Zeichman, 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:
Thomas G. Zeichman, Esq.
BEIGHLEY, MYRICK, UDELL, LYNNE & ZEICHMAN, P.A.
2385 Executive Center Drive, Suite 300
Boca Raton, FL 33431
Telephone: (561) 549-9036
Facsimile: (561) 491-5509
E-mail: tzeichman@bmulaw.com
About Vivace Hospitality
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.
Vivace Hospitality sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-20637) on September
12, 2025, listing up to $50,000 in assets and $2,185,248 in
liabilities. Vito DiSalvo, manager, signed the petition.
Zeichman, P.A represents the Debtor as legal counsel.
WBK TRANSPORT: Section 341(a) Meeting of Creditors on October 29
----------------------------------------------------------------
On September 26, 2025, WBK Transport Inc. filed Chapter 11
protection in the Eastern District of Texas. According to court
filing, the Debtor reports between $1 million and $10 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on October
29, 2025 at 09:45 AM via Telephonic Dial-In Information.
About WBK Transport Inc.
WBK Transport Inc. operates as a parcel/last-mile delivery
contractor, performing FedEx Ground pickup-and-delivery P&D) routes
and hiring local delivery drivers in Texas.
WBK Transport Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tex. Case No. 25-42854) on September
29, 2025. In its petition, the Debtor reports estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Joyce Lindauer, Esq. of JOYCE W.
LINDAUER ATTORNEY, PLLC.
WEATHERFORD INT'L: Fitch Hikes IDR to 'BB', Outlook Stable
----------------------------------------------------------
Fitch Ratings has upgraded Weatherford International Ltd.'s and
Weatherford International plc's Issuer Default Ratings (IDRs) to
'BB'. Fitch has also upgraded Weatherford International Ltd.'s 2030
senior unsecured notes to 'BB' with a Recovery Rating of 'RR4' and
assigned a new rating of 'BB'/'RR4' to the new 2033 senior
unsecured notes. The Rating Outlook is Stable.
Weatherford's upgrade reflects Fitch's expectation of continued
margin improvement relative to peers, significant diversification,
size and scale, enhanced liquidity, and balanced capital allocation
strategy. Key constraints on the credit profile include the
company's reduced but material gross debt pile and the volatile
nature of the oilfield services industry.
The Stable Outlook reflects Weatherford's improved margins relative
to peers despite a weakening oil field services (OFS) environment
as a well as a balanced capital allocation strategy in the medium
term.
Key Rating Drivers
Notes Issuance, Incremental Redemption: Fitch views Weatherford's
new unsecured notes issuance as positive for the credit profile
given the marginal reduction in gross debt and extension of the
maturity wall. The $600 million notes issuance's proceeds and cash
on hand will be utilized for incremental reduction of the 2030
notes. The new notes mature in 2033 and are pari passu with the
2030 notes. Fitch expects leverage to remain below its
sensitivities through the forecast period but notes that the
significant, though greatly reduced, gross debt burden may lead to
a leverage spike during downturns.
Improving Margins: Weatherford has achieved consistent
year-over-year EBITDA margin improvement post-bankruptcy. While
this has occurred during a period of strengthening OFS market
conditions, margin improvement has been realized even in years when
peers have observed margin decline. The company has achieved
average EBITDA margins of 20.3% from 2021 to 2024 compared to 9.9%
pre-bankruptcy from 2016 to 2019. Fitch forecasts margins during
cyclical troughs to remain materially above pre-bankruptcy levels,
in addition to seeing relative improvement to peers.
Enhanced Liquidity: The company's expanded $1 billion revolver
materially improves Weatherford's liquidity profile. The new
facility includes a $600 million revolving credit commitment and
$400 million performance letter of credit (LC) commitment relative
to $393 million and $327 million commitments, respectively, prior
to the amendment. The revolver expansion builds on prior liquidity
improvements following the redemption of restrictive 2028 secured
notes.
Diversified Operations: Weatherford's operations are significant in
size and well-diversified globally with 20% of revenue from North
America and 80% from the rest of the world. The company operates in
three segments across 75 countries, offering both products and
services. Contracts are generally long term and visible for the
sector except for the U.S., which is highly volatile. While the
company's scale and diversification are significant, Fitch notes
that Weatherford materially trails other industry peers in this
regard.
Balanced Capital Allocation Strategy: Fitch views management's
newly announced capital allocation framework as balanced between
balance sheet management and shareholder returns. The strategy
includes stated goals of $1 billion in liquidity and EBITDA
leverage below 1.0x through the cycle as well as $0.25 per share
quarterly dividend and $500 million share repurchase authorization.
Capital expenditure (capex) is targeted between 3% and 5% of
revenue. Fitch expects management to prioritize balance sheet
health over shareholder returns in a stress scenario.
Highly Cyclical Industry: The OFS industry remains very cyclical,
with issuers often being the first in the energy space to feel the
negative impacts of commodity price declines. This volatility
remains a key credit constraint for Weatherford, as it is for other
issuers in the peer group. Weatherford's improving capital
structure and sustainable margin improvements should better support
the company through cyclical troughs.
Peer Analysis
Weatherford operates on a significantly larger scale than its
similarly rated peers. The company's operations are more
diversified than its peers in terms of both geography and service
and product offerings. Weatherford's margins lag those of
offshore-focused Noble Corporation plc (BB-/Stable), Precision
Drilling Corporation (BB-/Stable), Seadrill Limited (B+/Stable) and
Nabors Industries, Ltd. (B-/Stable), but are comparable to or above
those of Helix Energy Solutions Group, Inc. (B+/Stable) and Valaris
Limited (B+/Stable).
Weatherford has a significant international presence, like Nabors,
which allows for longer-term contracts compared to North
American-focused OFS companies like Precision Drilling.
Weatherford's gross debt is materially higher than that of all the
aforementioned peers except Nabors despite further debt reduction
over the last 12 months, which increases its exposure to elevated
leverage relative to peers during cyclical downturns.
Weatherford's refinancing risk is somewhat limited, while Nabors is
more elevated given material maturities within the forecast period
and uncertain access to capital markets.
Key Assumptions
- WTI of $65/bbl in 2025, $60/bbl in 2026 and 2027, and $57/bbl
thereafter;
- Stable global rig count growth in low to mid-single digits
throughout the forecast period;
- Capex in line with management expectations in 2024 and then
approaching 5% of revenue through the forecast period;
- Excess cash flow balanced between shareholder returns and
reduction;
- Minor acquisitions assumed through the forecast period.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Deviation from a conservative financial policy particularly
during declining industry conditions;
- Declining margin profile relative to peers which indicates
structural weakness of company business segments;
- Midcycle EBITDA leverage above 3.0x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Further improvement in operating margin stability through the
cycle relative to peers;
- Sustained FCF generation targeted toward a material reduction in
gross debt levels;
- Midcycle EBITDA leverage below 2.0x.
Liquidity and Debt Structure
Weatherford's updated $1 billion revolving credit facility reflects
a material improvement in the company's liquidity profile. The
company has a name plate borrowing capacity of $600 million with an
additional $400 million in LC capacity. The company had $943
million in cash and cash equivalents and $60 million in restricted
cash as of 2Q25.
The company's senior notes mature in 2030 and the new senior
unsecured notes mature in 2033. The new notes reduce long-term
refinancing risk given the reduction in the significant 2030
maturity wall.
Issuer Profile
Weatherford International is an oilfield services company
headquartered in Houston, TX with operations in 75 countries around
the globe. Weatherford operates in three segments: Drilling and
Evaluation, Well Construction and Completion, and Production and
Intervention.
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
Weatherford International Public Limited Company has an ESG
Relevance Score of '4' for Group Structure reflecting a complex
group structure due to the company's diversified operations and
localized cash and collateral requirements which has a negative
impact on the credit profile, and is relevant to the rating[s] in
conjunction with other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Weatherford International
Public Limited Company LT IDR BB Upgrade BB-
Weatherford International
Ltd. LT IDR BB Upgrade BB-
senior unsecured LT BB New Rating RR4
senior unsecured LT BB Upgrade RR4 BB-
WESTPARK 22 LLC: Secured Party Sets Oct. 6, 2025 Auction
--------------------------------------------------------
Owemanco's Broadway Run LP ("secured party") will offer for sale at
public auction on Oct. 6, 2025, at 1:00 p.m., at the offices of
Lawrence & Walsh PC at 215 Hilton Avenue, Hempstead, New York
11550, 50 shares of 243 Third Avenue Associates Inc., 50 shares of
CLT 53 Real Estate Inc. and 50% membership interest in Westpark 22
LLC ("collateral").
The share represent 50% of the outstanding shares of each of the
foregoing corporations.
To become a purchaser at the sale, interested parties must contact
counsel for the secured party, c/o Eric P. Wainer, Esq., at
Lawrence & Wlash PC, 215 Hilton Avenue, Hempstead, New York 11550,
(516) 538-2400, epw@lawfirmonline.com in order to obtain a copy of
the terms of sale and information regarding the bidding
instructions.
WINDSTREAM SERVICES: Moody's Rates New $900MM 1st Lien Notes 'B2'
-----------------------------------------------------------------
Moody's Ratings assigned a B2 rating to the new $900 million backed
senior secured first lien notes of Windstream Services, LLC
(Windstream), a subsidiary of Uniti Group Inc. (Uniti). Proceeds
from the notes along with the recently announced $1.5 billion
backed senior secured first lien term loan B (rated B2) will be
used to refinance Uniti Group LP's 10.5% backed senior secured
notes due 2028 and pay related fees and expenses. The outlook
remains unchanged at stable.
The assigned rating is subject to review of final documentation and
no material change to the size, terms and conditions of the
transaction as advised to us.
RATINGS RATIONALE
The B3 Corporate Family Rating (CFR) of Windstream's parent
company, Uniti, is constrained by its high financial leverage,
Windstream's declining legacy revenue and subscriber trends, and
execution risks associated with the company's accelerated capex
program to expand its Kinetic FTTH footprint and upgrade its legacy
copper network, which Moody's expects will contribute to negative
free cash flow for at least the next 3 years. Moody's believes this
undertaking will limit the company's financial flexibility by
keeping financial leverage at elevated levels and constrain
financial resources by allocating most of the company's operating
cash flows to fund this project.
Uniti's B3 CFR benefits from its moderate operating scale, valuable
fiber network, and adequate liquidity to fund its accelerated capex
program. Moody's believes its strategy to connect around 3.5
million homes, or 75% of its Kinetic footprint, with fiber by
year-end 2029 is necessary to reverse Windstream's declining legacy
revenue trends, fend off competitors, and improve long term value.
Moody's projects EBITDA margins to improve in 2025 and 2026 as the
company exits low margin contracts within Windstream's Enterprise
segment and realizes synergies over time from the merger.
Increasing bandwidth needs from data centers, hyperscalers,
carriers, and other enterprises primarily driven by AI,
accelerating adoption of cloud services, and wireless network
densification support the company's business model. The company
also benefits from better diversified capital access following the
Florida and Gulf Coast region fiber securitization transaction.
Moody's expects the company will pursue additional fiber
securitization transactions which may include portions of the
Kinetic fiber network.
Uniti's stable outlook reflects Moody's expectations that over the
next 12 to 18 months, the combined company's revenue will decline
in the low-to-mid single digit percentages primarily driven by
Windstream's declining legacy revenue trends, EBITDA margins will
improve, and the company will maintain at least adequate liquidity
while funding its accelerated FTTH build plan.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Uniti's ratings could be upgraded if the company grows revenue on a
sustainable basis, maintains at least good liquidity, and sustains
financial leverage below 5x.
The ratings of Uniti could be downgraded if the company's operating
performance and liquidity deteriorates, the company's growth
strategy materially stalls, or financial leverage is sustained
above 7x.
Headquartered in Little Rock, AR, Uniti Group Inc. (NASDAQ: UNIT),
is a national provider of wireline services and bandwidth
infrastructure formed after the August 2025 merger of Uniti Group
LLC and Windstream. The company offers managed communications and
high-capacity bandwidth and transport services to businesses across
the US, and provides premium broadband, entertainment and security
services through an enhanced fiber network to consumers and small
and midsize businesses primarily in rural areas in 18 states. As of
June 30, 2025, Uniti's footprint consisted of 1.7 million fiber
home passings. Pro forma for the acquisition, Moody's expects Uniti
to generate $3.7 billion revenue for year-end 2025.
The principal methodology used in this rating was
Telecommunications Service Providers published in November 2023.
WOLFSPEED INC: Appoints Five New Board After Chapter 11 Exit
------------------------------------------------------------
Wolfspeed, Inc., a global leader in silicon carbide technologies,
announced that in connection with its emergence from the Chapter 11
process, it has appointed Anthony M. Abate, Mike Bokan, Eric
Musser, Hong Q. Hou, and, pending certain regulatory approvals,
Aris Bolisay, to its Board of Directors.
Anthony M. Abate will succeed Tom Werner as Chairman of the Board.
The new Board members will join current Board members, Mark Jensen
and Paul Walsh, who will continue in their roles as directors.
"We are pleased to welcome these new members to our Board. They
bring extensive semiconductor and industry knowledge, deep
accounting and finance expertise, and experience guiding companies
towards profitability. Their insight and leadership will be
instrumental as we build on the current momentum underway, oversee
the execution of Wolfspeed's strategic priorities, and strengthen
our position in the global silicon carbide market," commented
Wolfspeed CEO Robert Feurle.
Wolfspeed also announced that in connection with these appointments
Tom Werner, Glenda Dorchak, John Hodge, Darren Jackson, Duy-Loan
Le, Stacy Smith, and Marvin Riley have stepped down from the
Board.
Feurle concluded, "I would like to thank our former Board members
for their service and dedication to Wolfspeed, particularly over
the last few months as we have navigated our financial
restructuring. Their leadership, input, and expertise have been
vital throughout this process. We wish them all the best in their
future endeavors."
About Anthony M. Abate
Mr. Abate is an experienced board director, entrepreneur, and
executive with more than four decades of leadership in technology,
telecom, and consumer sectors.
Mr. Abate currently serves as chairperson of GTT Communications, a
leading global Tier-1 IP network operator, Mitel, a business
communications and collaboration service provider, and Tacora
Resources, a specialty iron-ore mining company. Previously he
served as chairperson & lead director of Southeastern Grocers,
independent director and audit committee chair of Denbury, Inc
(DEN), and independent director of TOPS (now Northeastern Grocers),
Broadview Networks, Looking Glass Networks, and Cbeyond
Communications.
Mr. Abate spent 16 years in operating roles, most recently as Chief
Operating Officer and Chief Financial Officer of Echo360, Inc., a
global SaaS education and corporate training platform (sold in
2021). Prior to his operating roles, he spent more than a decade as
an investor at Battery Ventures and Whitney & Co, serving on the
boards of several private equity-backed businesses and also served
as a strategy consultant in the TMT sector for McKinsey & Co. Mr.
Abate began his career as an U.S. Air Force officer developing
advanced radar and analytics systems for stealth aircraft. He holds
a BS in Electrical Engineering from Duke University and an MBA from
Harvard Business School.
About Mike Bokan
Mr. Bokan has held a range of leadership roles at Micron
Technology, Inc., a global leader in memory and storage solutions.
He joined Micron in 1996 and held progressively senior roles
including General Manager of the Crucial division, Director of
Sales (2003), Senior Director of Sales (2007), Vice President of
Worldwide OEM Sales (2008), Corporate Vice President of Worldwide
Sales (2017) and then Senior Vice President of Worldwide Sales from
2018 until retiring in May 2025. Over the decades, he built and
sustained deep relationships with OEM, hyperscale, and distribution
partners, helping drive record-setting revenue for the company. He
graduated with a bachelor's degree in business administration from
Colorado State University.
About Eric Musser
Mr. Musser recently completed a 39-year career with Corning
Incorporated, serving in progressively responsible leadership
positions culminating as President and Chief Operating Officer. In
2005, Mr. Musser was appointed General Manager of Corning Optical
Fiber where he restored stability and growth to the business
following the telecommunications industry downturn of the
early-2000s. In 2007, Mr. Musser became General Manager, Corning
Greater China, and President of Corning International. In 2014, he
led multiple Corning Technologies & International businesses
encompassing the automotive and life sciences businesses, and
international business development. In 2020, Mr. Musser was
appointed President and Chief Operating Officer, driving growth,
performance and profitability. During this period, Mr. Musser also
served on the U.S.-China Business Council Board of Directors. Prior
to joining Corning, he served five years in the U.S. Army. He is a
graduate of the U.S. Military Academy at West Point (B.S.) and
George Washington University (M.S.).
About Hong Q. Hou
Dr. Hou has served as President and Chief Executive Officer of
Semtech since June 2024 and as a member of the Semtech Board of
Directors since July 2023. Dr. Hou is an accomplished multinational
technology executive, recognized as a global enterprise leader with
a strong technical and business transformation record in dynamic
ultra-competitive markets. Dr. Hou most recently served as
President of the Semiconductor Group at Brooks Automation, a
leading provider of automated wafer handling and contamination
control solutions for the semiconductor manufacturing industry.
Prior to that, Dr. Hou was Corporate Vice President and General
Manager of the cloud and edge networking group of Intel
Corporation. Previously, Dr. Hou held executive leadership
positions at Fabrinet, AXT and Emcore. He also held technical roles
at Bell Laboratories and Sandia National Laboratories. Dr. Hou
holds a Ph.D. in Electrical Engineering from the University of
California at San Diego.
About Aris Bolisay
Mr. Bolisay currently serves as the Vice President of Finance at
Renesas Electronics Corporation, a Tokyo-based global leader in
advanced semiconductor solutions that designs, manufactures, and
sells a wide range of products in the semiconductor space. Prior to
his current position, Mr. Bolisay served in a senior role in the
Accounting and Control Division of Renesas from March 2019 through
June 2021. Mr. Bolisay additionally served as a Senior Director and
Corporate Controller as well as a Director and Assistant Controller
at Integrated Device Technology, Inc., a U.S.-based semiconductor
company that was acquired by Renesas, between June 2014 and March
2019. Before transitioning to the semiconductor industry, Mr.
Bolisay started his career at a Big 4 accounting firm where he
developed a strong foundation in financial reporting, auditing and
compliance. Mr. Bolisay holds a Bachelor of Science in Accountancy
and Business Administration with a major in Accountancy from the
University of the City of Manila.
Advisors
Latham & Watkins LLP and Hunton Andrews Kurth LLP are serving as
legal counsel to Wolfspeed, Perella Weinberg Partners is serving as
financial advisor to Wolfspeed and FTI Consulting is serving as
restructuring advisor to Wolfspeed. Paul, Weiss, Rifkind, Wharton &
Garrison LLP is serving as legal counsel to the senior secured
noteholders and Moelis & Company is serving as the senior secured
noteholders' financial advisor. Kirkland & Ellis LLP is serving as
legal counsel to Renesas Electronics Corporation, PJT Partners is
serving as its financial advisor, and BofA Securities is serving as
its structuring advisor. Ropes & Gray LLP is serving as legal
counsel to the convertible debtholders and Ducera Partners is
serving as financial advisor to the convertible debtholders.
About Wolfspeed Inc.
Wolfspeed, Inc. (NYSE:WOLF) is an innovator of wide bandgap
semiconductors, focused on silicon carbide materials and devices
for power applications. Its product families include silicon
carbide materials and power devices targeted for various
applications such as electric vehicles, fast charging and renewable
energy and storage.
On June 30, 2025, Wolfspeed, Inc. and Wolfspeed Texas, LLC each
filed petitions seeking relief under chapter 11 of the United
States Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90163),
with Judge Christopher M. Lopez presiding. The Debtors sought
Chapter 11 protection after reaching a deal with lenders on a
debt-for-equity plan that would reduce debt by $4.6 billion.
Latham & Watkins LLP and Hunton Andrews Kurth LLP are serving as
legal counsel to Wolfspeed, Perella Weinberg Partners is serving as
financial advisor and FTI Consulting is serving as restructuring
advisor. Epiq is the claims agent.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
counsel to the senior secured noteholders and Moelis & Company is
serving as the senior secured noteholders' financial advisor.
Kirkland & Ellis LLP is serving as legal counsel to Renesas
Electronics Corporation, PJT Partners is serving as its financial
advisor, and BofA Securities is serving as its structuring
advisor.
Ropes & Gray LLP is serving as legal counsel to the convertible
debtholders and Ducera Partners is serving as financial advisor to
the convertible debtholders.
WOLFSPEED INC: Completes Financial Restructuring, Emerges From Ch11
-------------------------------------------------------------------
Wolfspeed, Inc. (NYSE: WOLF), a global leader in silicon carbide
technology, announced that it has successfully completed its
financial restructuring and has officially emerged from Chapter 11
protection. As part of the process, the company cut its overall
debt load by roughly 70%, extended maturities to 2030, and reduced
annual cash interest expenses by about 60%. Management noted that
Wolfspeed now has sufficient liquidity to continue supporting
customers with industry-leading silicon carbide solutions under a
self-funded growth plan.
The company's vertically integrated 200mm manufacturing platform,
supported by a scalable U.S.-based supply chain, remains central to
its strategy. CEO Robert Feurle said Wolfspeed is entering "a new
era" with improved financial stability, a strong manufacturing
base, and a long-term capital program already in place. He
emphasized that the restructuring has created a stronger foundation
to pursue growth opportunities while continuing to drive
innovation.
Wolfspeed expects to benefit from surging demand in key industries
such as artificial intelligence, electric vehicles, industrial
applications, and energy markets. Feurle expressed appreciation to
employees, customers, suppliers, and lenders for their support
throughout the restructuring, calling them vital to the company's
progress. In a separate announcement, Wolfspeed also disclosed the
appointment of five new directors to its board, reinforcing its
governance structure as it enters its next phase of growth.
About Wolfspeed Inc.
Wolfspeed, Inc. (NYSE:WOLF) is an innovator of wide bandgap
semiconductors, focused on silicon carbide materials and devices
for power applications. Its product families include silicon
carbide materials and power devices targeted for various
applications such as electric vehicles, fast charging and
renewable energy and storage.
On June 30, 2025, Wolfspeed, Inc. and Wolfspeed Texas, LLC each
filed petitions seeking relief under chapter 11 of the United
States Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90163),
with Judge Christopher M. Lopez presiding. The Debtors sought
Chapter 11 protection after reaching a deal with lenders on a
debt-for-equity plan that would reduce debt by $4.6 billion.
Latham & Watkins LLP and Hunton Andrews Kurth LLP are serving as
legal counsel to Wolfspeed, Perella Weinberg Partners is serving as
financial advisor and FTI Consulting is serving as restructuring
advisor. Epiq is the claims agent.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
counsel to the senior secured noteholders and Moelis & Company is
serving as the senior secured noteholders' financial advisor.
Kirkland & Ellis LLP is serving as legal counsel to Renesas
Electronics Corporation, PJT Partners is serving as its financial
advisor, and BofA Securities is serving as its structuring
advisor.
Ropes & Gray LLP is serving as legal counsel to the convertible
debtholders and Ducera Partners is serving as financial advisor to
the convertible debtholders.
WOLFSPEED INC: Emerges From Chapter 11, Cuts Debt 70%
-----------------------------------------------------
Wolfspeed, Inc., a global leader in silicon carbide technologies,
announced the successful completion of its financial restructuring
process and emergence from Chapter 11 protection.
Through the restructuring process, Wolfspeed has reduced its total
debt by approximately 70%, with maturities extended to 2030, and
lowered its annual cash interest expense by roughly 60%. In
addition, the Company believes that it maintains ample liquidity to
continue supplying customers with leading silicon carbide
solutions. With a self-funded business plan supported by free cash
flow generation, Wolfspeed is well positioned to leverage its
vertically-integrated 200mm manufacturing footprint--underpinned by
a secure and scalable U.S.-based supply chain--to drive sustainable
growth.
"Wolfspeed has emerged from its expedited restructuring process,
marking the beginning of a new era, which we are entering with new
energy and a renewed commitment to the growth mindset and
entrepreneurial spirit that have powered Wolfspeed since its
inception," said Robert Feurle, Chief Executive Officer of
Wolfspeed. "As we enter this new era, we do so with much improved
financial stability, a scaled, greenfield and vertically integrated
200mm facility footprint, and our large capital deployment behind
us."
Feurle continued, "We firmly believe that we are well positioned to
capture rising demand in end markets, such as AI, EVs, industrial
and energy, that are rapidly growing and recognizing silicon
carbide's potential. We remain committed to our mission to deliver
cutting-edge solutions to our customers to ensure Wolfspeed remains
at the forefront of the industry. I am deeply grateful to our
valued employees, who are the key drivers of our success, as well
as to our customers, vendors and lenders for their unwavering
support and confidence throughout this process. I look forward to
unleashing the full potential of the platform that we have built
with a much stronger financial foundation to support us."
Advisors
Latham & Watkins LLP and Hunton Andrews Kurth LLP are serving as
legal counsel to Wolfspeed, Perella Weinberg Partners is serving as
financial advisor to Wolfspeed and FTI Consulting is serving as
restructuring advisor to Wolfspeed. Paul, Weiss, Rifkind, Wharton &
Garrison LLP is serving as legal counsel to the senior secured
noteholders and Moelis & Company is serving as the senior secured
noteholders' financial advisor. Kirkland & Ellis LLP is serving as
legal counsel to Renesas Electronics Corporation, PJT Partners is
serving as its financial advisor, and BofA Securities is serving as
its structuring advisor. Ropes & Gray LLP is serving as legal
counsel to the convertible debtholders and Ducera Partners is
serving as financial advisor to the convertible debtholders.
About Wolfspeed Inc.
Wolfspeed, Inc. (NYSE:WOLF) is an innovator of wide bandgap
semiconductors, focused on silicon carbide materials and devices
for power applications. Its product families include silicon
carbide materials and power devices targeted for various
applications such as electric vehicles, fast charging and renewable
energy and storage.
On June 30, 2025, Wolfspeed, Inc. and Wolfspeed Texas, LLC each
filed petitions seeking relief under chapter 11 of the United
States Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90163),
with Judge Christopher M. Lopez presiding. The Debtors sought
Chapter 11 protection after reaching a deal with lenders on a
debt-for-equity plan that would reduce debt by $4.6 billion.
Latham & Watkins LLP and Hunton Andrews Kurth LLP are serving as
legal counsel to Wolfspeed, Perella Weinberg Partners is serving as
financial advisor and FTI Consulting is serving as restructuring
advisor. Epiq is the claims agent.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
counsel to the senior secured noteholders and Moelis & Company is
serving as the senior secured noteholders' financial advisor.
Kirkland & Ellis LLP is serving as legal counsel to Renesas
Electronics Corporation, PJT Partners is serving as its financial
advisor, and BofA Securities is serving as its structuring
advisor.
Ropes & Gray LLP is serving as legal counsel to the convertible
debtholders and Ducera Partners is serving as financial advisor to
the convertible debtholders.
YARA TEST: Gets Interim OK to Use Cash Collateral
-------------------------------------------------
Yara Test, LLC received interim approval from the U.S. Bankruptcy
Court for the District of New Jersey to use cash collateral to fund
operations.
The interim order authorized the Debtor to use cash collateral in
accordance with its budget pending the final hearing on October 28.
Secured creditors may seek relief from the automatic stay if any
budget item exceeds 15% or total expenditures exceed 10%.
As adequate protection for any diminution in the value of their
collateral, the U.S. Small Business Administration and Itria
Ventures, LLC will be granted replacement liens on assets acquired
by the Debtor after its Chapter 11 filing.
The replacement liens do not apply to any avoidance actions.
In addition, the Debtor was ordered to make $400 per month to SBA
and $500 per month to Itria Ventures; preserve assets; maintain
proper insurance coverage; and make necessary repairs.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/WEHru from PacerMonitor.com.
About Yara Test LLC
Yara Test LLC, doing business as Fancy European Chocolate, imports
and distributes confectionery and toy products in the United
States, sourcing primarily from suppliers in China, Germany, Spain,
and the United Kingdom. It operates in the wholesale trade and
import sector.
Yara Test sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-19461) on
September 10, 2025. In its petition, the Debtor reported estimated
assets between $500,000 and $1 million and estimated liabilities
between $1 million and $10 million.
The Debtor is represented by David Stevens, Esq., at Scura,
Wigfield, Heyer, Stevens & Cammarota, LLP.
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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.
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