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T R O U B L E D C O M P A N Y R E P O R T E R
Monday, October 6, 2025, Vol. 29, No. 278
Headlines
1021-1025 SANTA: Hires Law Offices as Insolvency Counsel
264 CHESTNUT: Employs Country Squires Realty as Broker
301 W NORTH: Court Extends Cash Collateral Access to Nov. 30
51319 W US HIGHWAY: Gets Interim OK to Use Cash Collateral
51319 W US: Cameron McCord Named Subchapter V Trustee
5902 HUDSON: Seeks to Use Cash Collateral
98 THATFORD: Hires Pagan Lopez Law Office as Legal Counsel
A P BECK: Hires Matthew T. Desrochers PC as Legal Counsel
AASRAH 889: Retains Pagan Lopez Law Office as Legal Counsel
ADVANCED SYSTEMS: Claims to be Paid from Property Sale Proceeds
ADVANCED SYSTEMS: Hires Trustee Realty as Exclusive Broker
ALACHUA GOVERNMENT: Sues DOD to Compel Removal of Worksite Gear
ALLIANCE LAUNDRY:S&P Places 'B' ICR on Watch Positive on IPO Plans
AMERICAN UNAGI: Seeks Chapter 11 Bankruptcy in Maine
ANTERO MIDSTREAM: Moody's Ups CFR to Ba1 & Alters Outlook to Stable
ARCHDIOCESE OF NEW ORLEANS: Committee Taps Neblett as Reviewer
ATI INC: Moody's Raises CFR to Ba2, Outlook Stable
BARRACUDA NETWORKS: BlackRock FRA Marks $1.03MM Loan at 17% Off
BARROW SHAVER: Seeks to Extend Plan Exclusivity to Jan. 27, 2026
BAXSTO LLC: Hires Armbrust & Brown as Special Counsel
BEAR'S FRUIT: Court Extends Cash Collateral Access to Nov. 14
BEECH INTERNATIONAL: Gets Extension to Use Cash Collateral
BEELINE HOLDINGS: Adds $5M to ATM Equity Program With Ladenburg
BELLA INVESTMENT: Taps Keller Williams as Listing Agent
BH DOWNTOWN: Amends Unsecured Claims Pay Details
BINGO HOLDINGS I: Fitch Alters Outlook on 'B+' IDR to Negative
BOY SCOUTS: Insurers Move to Dismiss Sexual Abuse Coverage Lawsuit
BRAND INDUSTRIAL: BlackRock FRA Marks $3.5MM Loan at 17% Off
BROADBAND TELECOM: Files Emergency Bid to Use Cash Collateral
BROADWAY REALTY: Plan Exclusivity Period Extended to December 15
BUBBLY PAWS: Mary Sieling Named Subchapter V Trustee
CANYON CREEK: Seeks to Extend Plan Exclusivity to November 25
CENTRAL PARENT: BlackRock FRA Marks $2.8MM Loan at 17% Off
CENTURY DESIGN: Jean Goddard of NGS LLP Named Subchapter V Trustee
CHANDON LTD: Amends Internal Revenue Service Claims Pay Details
CIS INTERNATIONAL: Section 341(a) Meeting of Creditors on October 6
CITY MASSAGE: Gets Interim OK to Use Cash Collateral Until Oct. 31
CIUDAD DEPORTIVA: Section 341(a) Meeting of Creditors on October 29
CLB TRUCKING: Gets Court OK to Use Cash Collateral
CLESMA INC: Frances Smith Named Subchapter V Trustee
COBRA ENERGY: Scott Seidel Named Subchapter V Trustee
COMMSCOPE HOLDING: Updates Award Certificate for SVP Stock Options
COMPLETELY CONCRETE: Section 341(a) Meeting of Creditors on Nov. 3
CREATIVE REALITIES: CFO David Ryan Mudd to Resign Oct. 10
CROSS FINANCIAL: Moody's Affirms 'B2' CFR, Outlook Stable
CROSSKIX LLC: Cash Collateral Hearing Set for Oct. 14
CROUSE HEALTH: Fitch Lowers LongTerm IDR to 'B', Outlook Negative
DAVID RAMOS: Section 341(a) Meeting of Creditors on November 5
DIAMOND K: To Sell Beverly Hills to Estelle Arlene Marco for $5.5MM
DIOCESE OF BUFFALO: Submits Ch. 11 Reorg. Plan After Settling Suit
EAZY-PZ LLC: Court Denies Williams' Writ of Mandamus Petition
EAZY-PZ LLC: Seeks to Extend Plan Exclusivity to Jan. 14, 2026
ELEVATE ACADEMY: Moody's Rates New Ser. 2025A/B Revenue Bonds 'Ba2'
ELITA 7 LLC: Cash Collateral Hearing Set for Oct. 8
ELITE PRINTING: Seeks Continued Cash Collateral Access
ELLINGTON FINANCIAL: Fitch Assigns BB- LongTerm IDR, Outlook Stable
ELMA TRANSPORT: Unsecureds to Get 5 Cents on Dollar in Plan
EMPIRE CORE: Court Stays Accredited Surety Case Due to Bankruptcy
ERC REPAIR: Seeks Subchapter V Bankruptcy in Florida
ERIC R. HARTMAN: Gets Interim OK to Use Cash Collateral
EUSHI FINANCE: Fitch Assigns 'BB+' Rating on Jr. Subordinated Notes
EVENTIDE CREDIT: Court OKs Appointment of Chapter 11 Trustee
FANATICS COMMERCE: S&P Withdraws 'BB-' Issuer Credit Rating
FIT & THRIVE: Case Summary & Nine Unsecured Creditors
FLAGSHIP RESORT: Court Approves Chapter 11 Liquidation Plan
FOUR PALMS: Michael Markham Named Subchapter V Trustee
FREE SPEECH: Infowars Sale in Limbo After Buyer Not Found
FTX TRADING: Ornelas Appeal Can't Proceed to Mediation
FUTURE FINTECH: Completes $1M Pre-Paid Purchase #2 With Avondale
GARCIA GRAIN: Plascencia et al. Must Pay $35,650 in Fees, Costs
GRADY'S HARDWARE: Gets Interim OK to Use Cash Collateral
GULF STATES: Seeks to Hire Stichter Riedel as Legal Counsel
GULF STREAM: Hires Wade Kelly LLC as Legal Counsel
HALL OF FAME: Merger With HOFV Holdings Gets Shareholder Approval
HARADA FAMILY: Kapitus Loses Bid to Stay Arbitration Ruling
HEADWAY WORKFORCE: Seeks to Extend Plan Exclusivity to December 1
HERTZ CORP: BlackRock FRA Marks $190,000 Loan at 17% Off
HERTZ CORP: BlackRock FRA Marks $970,000 Loan at 17% Off
HOLLYWOOD EXCAVATING: Daniel Etlinger Named Subchapter V Trustee
HOOTERS OF AMERICA: Seeks to Extend Plan Exclusivity to Nov. 26
HOPSCOTCH HEALTH: Hires Langley & Banack as Legal Counsel
HOPSCOTCH HEALTH: Michael Colvard Named Subchapter V Trustee
HORNBLOWER GROUP: Court Rules on Argonaut Subrogation Claims
HUDSON PACIFIC: S&P Alters Outlook to Stable, Affirms 'CCC' ICR
I-ON DIGITAL: Signs Deal With GGBR for Goldfish Stablecoin
IMMANUEL SOBRIETY: No Patient Care Concern, 12th PCO Report Says
IMPRO SYNERGIES: Hires Wharton Law as Special Counsel
IN HOLDINGS: Taps Beach Freeman Lim as Auditing Accountant
INGENOVIS HEALTH: BlackRock FRA Marks $765,000 Loan at 61% Off
INTERNATIONAL LAND: Obtains $100K Proceeds From Vista Capital Note
KDC SOLAR: Employs Leslie Cohen Law as Legal Counsel
KID FRIENDLY: Hires Gertz & Rosen as Legal Counsel
KIM ENGINEERING: Gets OK to Use Cash Collateral Until Oct. 31
KOLSTEIN MUSIC: Cash Collateral Hearing Set for Oct. 15
LESLIE WESSINGER: Seeks Subchapter V Bankruptcy in North Carolina
LILLY INDUSTRIES: Amends SBA Secured Claim Pay Details
LINQTO TEXAS: Investors Reject Bankruptcy Plan, Propose Rival Deal
LITTLE MINT: Plan Exclusivity Period Extended to November 28
LOCUST HOMES: Seeks Chapter 7 Bankruptcy in Connecticut
LUXURBAN HOTELS: Court Stays ZCAP, et al. Lawsuit Due to Bankruptcy
M&K ACTIVE: Gets Interim OK to Use Cash Collateral
MAGENTA SECURITY: BlackRock FRA Marks $385,314 Loan at 17% Off
MAGENTA SECURITY: BlackRock FRA Marks $451,000 Loan at 54% Off
MARIANAS PROPERTIES: Asset Sale Proceeds to Fund Plan Payments
MARTINS INTERSTATE: To Sell Edgewater Property to Adventure Science
MASS POWER: Court Extends Cash Collateral Access to Oct. 31
MAWSON INFRASTRUCTURE: Celsius Network Wants Chap. 11 Dismissed
MAYS & JEUNE: Section 341(a) Meeting of Creditors on November 6
MEDICAL SOLUTIONS: BlackRock FRA Marks $611,000 Loan at 58% Off
MEDICAL SOLUTIONS: BlackRock FRA Marks $889,000 Loan at 48% Off
MID SOUTH MATTRESS: Unsecureds to Get 100 Cents on Dollar in Plan
MIRION TECHNOLOGIES: S&P Ups Sec. Credit Facilities Rating to 'BB'
MODIVCARE INC: Committee Hires Quinn Emanuel as Counsel
MONTE MARTIN: Areya Holder Aurzada Named Subchapter V Trustee
NAKED JUICE: BlackRock FRA Marks $535,000 Loan at 54% Off
NAKED JUICE: BlackRock FRA Marks $805,000 Loan at 21% Off
NAVIDEA BIOPHARMACEUTICALS: Case Summary & 20 Unsecured Creditors
NEP GROUP: Fitch Hikes LongTerm IDR to 'B', Outlook Stable
NEW AGE FLOORING: Glen Watson Named Subchapter V Trustee
NEW FORTRESS: BlackRock FRA Marks $185,000 Loan at 46% Off
NISSAN MOTOR: Fitch Rates Issuance of $2MM Sr. Unsecured Notes 'BB'
NORTHERN DYNASTY: Receives $12M in 4th Tranche Under Royalty Deal
NORTIA LOGISTICS: Court Stays Union Pacific Suit Due to Bankruptcy
NOVA LIFESTYLE: Appoints Wen Tao as Director and Committee Member
OFFICE PROPERTIES: S&P Cuts ICR to 'SD' on Missed Interest Payments
ORIGINAL MOWBRAY'S: Seeks Continued Cash Collateral Access
OUTTEN BROTHERS: Closes Doors Unexpectedly, Goes Out of Business
PACIFIC BELLS: Moody's Rates New $80MM Revolver Due 2028 'B3'
PACKERS HOLDINGS: BlackRock FRA Marks $887,000 Loan at 47% Off
PACKERS HOLDINGS: Fitch Lowers LongTerm IDR to 'CC'
PAI HOLDCO: BlackRock FRA Marks $716,000 Loan at 24% Off
PAP-R PRODUCTS: Plan Exclusivity Period Extended to December 30
PAP-R PRODUCTS: Seeks to Hire SBBA STL LLC as Business Broker
PAP-R PRODUCTS: Taps Sunbelt Business as Business Broker
PARENT SUPPORT: Joseph DiOrio Named Subchapter V Trustee
PARK HOTELS: S&P Alters Outlook to Negative, Affirms 'BB-' ICR
PG&E CORPORATION: Execs, Insurers Win Dismissal of Investor Suit
PHILLIPS ACRES: Court Extends Cash Collateral Access to Oct. 30
PHOEBEN 2 LLC: Hires Waldron & Schneider as Legal Counsel
PLATE RESTAURANT GROUP: Gets Final OK to Use Cash Collateral
POINT CLEAR: Case Summary & 20 Largest Unsecured Creditors
POOLE FUNERAL: Hires Foresight Companies as Marketing Advisor
POTTSVILLE OPERATIONS: Plan Exclusivity Period Extended to Oct. 10
PRAESUM HEALTHCARE: Taps Frost & Associates as Tax Counsel
PREMIER SURGICAL: U.S. Trustee Appoints PCO for Michael E Jones MD
PRIMUS CONTRACTING: Seeks Chapter 7 Bankruptcy in California
PROSPECT MEDICAL: Uconn Health Finalizes Bid to Buy 3 Hospitals
PROST LLC: Unsecured Creditors Will Get 12.4% of Claims in Plan
PSB NY HOLDINGS: Hires Cushner & Associates as Legal Counsel
PUERTO RICO: Court Says Oversight Committee Members Firing Unlawful
QUORE GEM: Tarek Kiem of Kiem Law Named Subchapter V Trustee
R.W. SIDLEY: Hires Global Real Estate as Real Estate Agent
RAS DATA: Hires McCullough P.C. as Insurance Counsel
RAZZOO'S INC: Seeks Chapter 11 Bankruptcy Amid Consumer Shifts
REDDIRT ROAD: Court Denies Bid to Use Cash Collateral
RIVERSIDE EXPRESS: Court Extends Cash Collateral Access to Dec. 4
RIVERSIDE EXPRESS: Employs Doherty Accounting as Accountant
RONALD WILSON: S&P Alters Outlook to Positive, Affirms 'BB' LT ICR
SANTA ANA EXPRESS: Seeks to Hire Doherty Accounting as CPA
SANTIS & ARGENTA: Unsecureds Will Get 18.24% over 60 Months
SANUWAVE HEALTH: Secures $28M Credit Facility With JPMorgan
SAR AMERICAN: Taps PAM Consulting as Financial Consultant
SCHAFER FISHERIES: Court Extends Cash Collateral Access to Oct. 31
SIMBA IL HOLDINGS: Hires Compass Colorado as Real Estate Broker
SIMPLIA INC: Seeks Subchapter V Bankruptcy in California
SIRVA WORLDWIDE: BlackRock FRA Marks $980,000 Loan at 61% Off
SOLID FINANCIAL: Unsecureds Will Get 34.7% to 100% in Plan
SOLUTIONS BY THE SEA: Gets Extension to Access Cash Collateral
SOUTH MOON: Jerome Kerkman Named Subchapter V Trustee
SPIRIT AIRLINES: Negotiates Up to $475MM DIP Funding w/ Bondholders
SPRINGS WINDOWS: BlackRock FRA Marks $640,000 Loan at 24% Off
SS INNOVATIONS: Appoints Naveen Kumar Amar as CFO
STEREO ONE MENDENHALL: Craig Geno Named Subchapter V Trustee
STEREO ONE: Craig Geno Named Subchapter V Trustee
STITCH ACQUISITION: BlackRock FRA Marks $233,000 Loan at 17% Off
STOLI GROUP: Court Rejects Chapter 11 Plan
SUPER RICH: Seeks to Hire Siconolfi PLLC as Legal Counsel
SUPERIOR ENERGY: Fitch Assigns 'BB-' LongTerm IDR, Outlook Stable
SVG 26 LLC: Seeks Chapter 11 Bankruptcy in New York
SWAHILI VILLAGE: Case Summary & 20 Largest Unsecured Creditors
SYNERGY MEDICAL: Gets Final OK to Use Cash Collateral
TABERNACLE CHRISTIAN: Section 341(a) Meeting of Creditors on Oct.30
TAX TIME: Jonathan Dickey Named Subchapter V Trustee
TBB DEEP: Affiliate Seeks to Sell Kitchen Equipment at Auction
TERRAFORM GLOBAL: Moody's Confirms 'Ba3' CFR, Outlook Negative
THRILL INTERMEDIATE: Seeks Ch. 11, Oct. 30 Sec. 341 Meeting
TIME OUT: To Sell Home Park Property to MHCI Group for $13MM
TMK HAWK: BlackRock FRA Marks $1.8MM Loan at 40% Off
TOTAL AUTO: 4th Circuit Tosses Bayramov v. Wee, et al. Appeal
TPI COMPOSITES: Creditors Sue Oaktree Over Pre-Ch. 11 Uptier Deal
TRICOLOR AUTO: Docs Reveal Thousands of Loans Linked to Same Cars
TRIPLE L TRANSPORT: Ongoing Operations to Fund Plan Payments
TWIG CUSTOM: Seeks Chapter 7 Bankruptcy in Colorado
TYLER 2 CONSTRUCTION: Gets Final OK to Use Cash Collateral
U.S. CREDIT: Court Tosses Arlington Appeal on Asset Sale Order
UGI ENERGY: Moody's Affirms 'Ba3' CFR & Alters Outlook to Positive
VALYRIAN MACHINE: Employs Maddin Hauser as Legal Counsel
VILLAGE HOMES OF FORT WORTH: Intends to File Chapter 11 Bankruptcy
VIRGIN ORBIT: 3rd Cir. Rejects Bid to Revoke Plan Confirmation
VM CONSOLIDATED: Moody's Rates New $689MM 1st Lien Term Loan 'Ba2'
VOLKE GROUP: Robert Handler Named Subchapter V Trustee
VORTEX OPCO: BlackRock FRA Marks $670,000 Loan at 57% Off
VSBROOKS INC: Hires Milan Accounting LLC as Accountant
WAYPOINT ROOFING: Amends Unsecured Claims Pay Details
WBI OPERATING: Fitch Assigns 'BB-' LongTerm IDR, Outlook Stable
WELLNESS PET: BlackRock FRA Marks $259,000 Loan at 26% Off
WELLNESS PET: BlackRock FRA Marks $259,000 Loan at 45% Off
WESTBANK HOLDINGS: Court Okays AKD's $3.3-Mil. Fee Application
WESTCHESTER 3148: Section 341(a) Meeting of Creditors on October 30
WHITEEAGLE PROPERTIES: Taps Mark J. Lazzo PA as Counsel
ZAHAV VENTURES: Lender Seeks to Prohibit Cash Collateral Access
[] Chapter 7 Filings Rose 15% from January to September 2025
[] Large Bankruptcy Cases Filing Rise in Northern Texas
*********
1021-1025 SANTA: Hires Law Offices as Insolvency Counsel
--------------------------------------------------------
1021-1025 Santa Fe Avenue, LLC seeks approval from the U.S.
Bankruptcy Court for the Central District of California to hire the
Law Offices of Raymond H. Aver, A Professional Corporation, to
serve as general insolvency counsel in its Chapter 11 case.
Mr. Aver will provide these services:
(a) represent the Debtor at its Initial Debtor Interview;
(b) represent the Debtor at its meeting of creditors pursuant to
Bankruptcy Code Section 341(a), or any continuance thereof;
(c) represent the Debtor at all hearings before the United States
Bankruptcy Court involving the Debtor as debtor in possession and
as reorganized debtor, as applicable;
(d) prepare on behalf of the Debtor all necessary applications,
motions, orders, and other legal papers;
(e) advise the Debtor regarding matters of bankruptcy law,
including its rights and remedies with respect to its assets and
the claims of its creditors;
(f) represent the Debtor with regard to all contested matters;
(g) represent the Debtor in the preparation of a disclosure
statement and the negotiation, preparation, and implementation of a
plan of reorganization;
(h) analyze any secured, priority, or general unsecured claims
filed in the Debtor's bankruptcy case;
(i) negotiate with the Debtor's secured and unsecured creditors
regarding the amount and payment of their claims;
(j) object to claims as may be appropriate; and
(k) perform all other legal services for the Debtor as debtor in
possession as may be necessary, other than adversary proceedings
requiring a separate agreement.
Mr. Aver will receive an hourly rate of $695. The Debtor agreed to
pay a $45,000 retainer, with $4,000 applied prepetition (inclusive
of the $1,738 filing fee).
The Law Offices of Raymond H. Aver 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:
Raymond H. Aver, Esq.
LAW OFFICES OF RAYMOND H. AVER
A Professional Corporation
10801 National Boulevard, Suite 100
Los Angeles, CA 90064
Telephone: (310) 571-3511
E-mail: ray@averlaw.com
About 1021-1025 Santa Fe Avenue, LLC
1021-1025 Santa Fe Avenue, LLC sought protection under Chapter 11
of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 2:25-bk-17398-WB)
on August 25, 2025.
At the time of the filing, the Debtor had estimated assets of
between $1,000,001 and $10 million and liabilities of between
$1,000,001 and $10 million.
Honorable Judge Julia W. Brand oversees the case.
The Law Offices of Raymond H. Aver, A Professional Corporation, is
the Debtor's legal counsel.
264 CHESTNUT: Employs Country Squires Realty as Broker
------------------------------------------------------
264 Chestnut Rd Holdings LLC, Debtor-in-Possession, seeks approval
from the U.S. Bankruptcy Court for the Middle District of
Pennsylvania to employ Thomas Schatzman of Country Squires Realty,
Inc. as real estate broker in its Chapter 11 case.
Mr. Schatzman will provide these services:
(a) provide the Debtor-in-Possession with sales advice with
respect to the sale of the real estate located at 264 Chestnut Rd.,
Blakeslee, PA 18610;
(b) prepare the necessary paperwork and contracts, including the
listing agreement and the agreement of sale; and
(c) show the property to potential purchasers, market the
property, and otherwise promote the property to the general public
in order to procure a buyer for the property.
Mr. Schatzman will receive a commission of 5% of the sale price.
According to court filings, Mr. Schatzman represents no interest
adverse to the estate and filed an affidavit of disinterestedness
affirming that he is a "disinterested person" within the meaning of
the Bankruptcy Code.
The firm can be reached at:
Thomas Schatzman, Realtor
COUNTRY SQUIRES REALTY, INC.
3641 Bridge St., Suite 101
Stroudsburg, PA 18360
Telephone: (570) 421-5555
About 264 Chestnut Rd Holdings
264 Chestnut Rd Holdings, LLC sought relief under Chapter 11 of the
Bankruptcy Code (Bankr. M.D. Pa. Case No. 24-02807) on Oct. 30,
2024, listing under $1 million in both assets and liabilities.
Honorable Judge Mark J. Conway oversees the case.
Philip W. Stock, Esq., serves as the Debtor's counsel.
301 W NORTH: Court Extends Cash Collateral Access to Nov. 30
------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois
extended 301 W North Avenue, LLC's authority to use the cash
collateral of BDS III Mortgage Capital G, LLC to November 30.
The court's fourth agreed interim order authorized the Debtor to
continue using the secured lender's cash collateral in accordance
with its budget, which projects total operational expenses of
$142,713 for October and $143,418 for November.
All provisions from the earlier agreed orders remain in effect,
with modifications only as provided in the fourth stipulation.
A status hearing will be held on November 19.
About 301 W North Avenue
301 W North Avenue LLC is a real estate debtor with a single asset,
as outlined in 11 U.S.C. Section 101(51B), and its main property is
situated at 1552 N. North Park Avenue, Chicago, IL 60610.
301 W North Avenue LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-05275) on April 5,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million to $50 million each.
Honorable Bankruptcy Judge Timothy A. Barnes handles the case.
The Debtor is represented by Robert Glantz, Esq. ROBERT GLANTZ MUCH
SHELIST, P.C.
BDS III Mortgage Capital G LLC, as creditor, is represented by:
Steven Yachik, Esq.
William S. Gyves, Esq.
Benjamin Feder, Esq.
Philip A. Weintraub, Esq.
KELLEY DRYE & WARREN LLP
3 World Trade Center
175 Greenwich Street New York, New York 10007
Telephone: (212) 808-7800
Facsimile: (212) 808-7897
Email: syachik@kelleydrye.com
wgyves@kelleydrye.com
bfeder@kelleydrye.com
pweintraub@kelleydrye.com
51319 W US HIGHWAY: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
51319 W US Highway 60, LLC received a one-month extension from the
U.S. Bankruptcy Court for the Northern District of Georgia,
Gainesville Division, to use cash collateral.
The court order authorized the Debtor's interim use of cash
collateral from September 24 to October 24 to fund operations. This
cash collateral includes rents from the trailer park in which Judy
Zobel, the Debtor's lender, claims an interest.
The Debtor operates the trailer park located in Aguila, Arizona,
which it acquired in 2020. The business generates income through
rental of trailers and lots, including space rentals. The Debtor
needs this rental income to pay for critical business expenses and
maintain operations during its Chapter 11 case.
Ms. Zobel claims an interest in the trailer park and associated
rents under a series of loan documents. As adequate protection, the
lender will receive payment in the sum of $1,000 on or before
October 15. The lender is also entitled to an administrative
priority claim.
The final hearing is set for October 23.
About 51319 W US Highway 60
51319 W US Highway 60 LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-21357) on
September 24, 2025, listing up to $500,000 in both assets and
liabilities.
Charles N. Kelley, Jr., Esq., at Kelley Law LLC, represents the
Debtor as legal counsel.
51319 W US: Cameron McCord Named Subchapter V Trustee
-----------------------------------------------------
The Acting U.S. Trustee for Region 21 appointed Cameron McCord,
Esq., at Jones & Walden, LLC, as Subchapter V trustee for 51319 W
US Highway 60, LLC.
Ms. McCord will be paid an hourly fee of $500 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. McCord declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Cameron McCord, Esq.
Jones & Walden, LLC
699 Piedmont Avenue, NE
Atlanta, GA 30308
Phone: (404) 564-9300
Fax: (404) 564-9301
Email: cmccord@joneswalden.com
About 51319 W US Highway 60 LLC
51319 W US Highway 60, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. N.D. Ga. Case No.
25-21357) on September 24, 2025, with $100,001 to $500,000 in
assets and liabilities.
Charles N. Kelley, Jr., Esq., at Kelley Law LLC represents the
Debtor as legal counsel.
5902 HUDSON: Seeks to Use Cash Collateral
-----------------------------------------
5902 Hudson Ave LLC asks the U.S. Bankruptcy Court for the Eastern
District of New York for authority to use cash collateral and
provide adequate protection.
The Debtor, which owns a multi-family rent-controlled residential
building at 5902 Hudson Avenue in West New York, New Jersey, seeks
court approval to use cash collateral in which U.S. Bank National
Association (as trustee for Plaza RTL Trust and successor to
Coventus LLC) holds a security interest.
5902 Hudson's Chapter 11 case was filed on May 7 to halt a
scheduled foreclosure sale in a state court action, and it
continues to operate as a debtor-in-possession under 11 U.S.C.
sections 1107 and 1108.
The Debtor refinanced the property in 2021 with a $1.05 million
loan that was subsequently assigned to U.S. Bank, N.A. The Debtor
emphasizes the urgent need to use cash collateral to maintain
operations of the property, specifically to pay for critical
expenses like utilities, payroll, insurance, taxes, and ongoing
maintenance. Without access to these funds, the Debtor warns of
immediate and irreparable harm, including the possible shutdown of
operations, deterioration of the property, and the loss of
potential going-concern value.
In support of the request, the Debtor asserts that it is willing to
provide adequate protection to the secured lender in the form of
replacement liens on post-petition assets and continued monthly
payments. The relief sought includes both interim and final orders
authorizing cash collateral use, scheduling a final hearing, and
modifying the automatic stay to the extent necessary to implement
these terms.
U.S. Bank, N.A., as secured creditor, is represented by:
Jenelle C. Arnold
Aldridge Pite, LLP
3333 Camino del Rio South
Suite 225
San Diego CA 92108
Telephone: (858) 750-7600
Facsimile: (619) 590-1385
bkecfinbox@aldridgepite.com
About 5902 Hudson Ave LLC
5902 Hudson Ave, LLC is a single-asset real estate debtor under
U.S. Bankruptcy Code. The Company lists a property at 5902 Hudson
Avenue in West New York, New Jersey, as its principal asset.
5902 Hudson Ave sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-42224) on May 7, 2025.
In its petition, the Debtor reported estimated assets up to $50,000
and estimated liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
The Debtor is represented by Joel M. Shafferman, Esq., at
Shafferman & Feldman, LLP.
98 THATFORD: Hires Pagan Lopez Law Office as Legal Counsel
----------------------------------------------------------
98 Thatford LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to hire Pagan Lopez Law Office
PLLC to serve as legal counsel in its Chapter 11 case.
Pagan Lopez Law Office will provide these services:
(a) advise the Debtor of its rights, powers and duties as
debtor-in-possession under the Bankruptcy Code;
(b) perform all legal services for and on behalf of the Debtor
that may be necessary or appropriate in the administration of this
bankruptcy case and the Debtor's business;
(c) advise the Debtor concerning, and assist in, the
negotiation and documentation of financing agreements and debt
restructurings;
(d) counsel the Debtor in connection with the formulation,
negotiation, and consummation of a possible sale of the Debtor or
its assets;
(e) review the nature and validity of agreements relating to
the Debtor's interests in real and personal property and advise the
Debtor of its corresponding rights and obligations;
(f) advise the Debtor concerning preference, avoidance,
recovery, or other actions to collect and recover property for the
benefit of the estate and its creditors;
(g) prepare all necessary and appropriate applications,
motions, pleadings, draft orders, notices, schedules, and other
documents, and review all reports to be filed in this bankruptcy
case;
(h) advise the Debtor concerning, and prepare responses to,
applications, motions, complaints, pleadings, notices, and other
papers that may be filed and served;
(i) counsel the Debtor in connection with the formulation,
negotiation, and promulgation of a plan of reorganization and
related documents or liquidation of the estate;
(j) work with and coordinate efforts among other professionals
to preclude duplication of efforts in the Debtor's reorganization
or liquidation; and
(k) work with professionals retained by other parties in
interest to attempt to structure a consensual plan of
reorganization, liquidation, or other resolution for the Debtor.
Roberto L. Pagan Lopez, Owner, and Christina Falcone, Associate,
will lead the engagement. Each will bill at an hourly rate of $500.
The firm is requesting a $7,500 retainer deposit.
Pagan Lopez Law Office PLLC is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Roberto L. Pagan Lopez, Esq.
Pagan Lopez Law Office PLLC
28-07 Jackson Ave, Tower 3, 5FL
Long Island City, NY 11101
Telephone: (347) 434-3040
E-mail: info@paganlopezlaw.com
About 98 Thatford LLC
98 Thatford LLC is a limited liability company registered in New
York, operating out of Woodside, Queens and established in June
2016.
98 Thatford LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-42479) on May 22,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
The Debtors are represented by Roberto Pagan-Lopez, Esq. at PAGAN
LOPEZ LAW.
A P BECK: Hires Matthew T. Desrochers PC as Legal Counsel
---------------------------------------------------------
A P Beck Lawrence Realty LLC seeks approval from the U.S.
Bankruptcy Court for the District of Massachusetts to hire Matthew
T. Desrochers of the Law Office of Matthew T. Desrochers, P.C. to
serve as legal counsel in its Chapter 11 case.
The firm will provide these services:
(a) give the Debtor and Debtor-in-Possession legal advice with
respect to its powers, duties and responsibilities in the continued
operation of its business and management of its property;
(b) prepare on behalf of the Debtor and Debtor-in-Possession
necessary applications, answers, statements, complaints, orders,
reports and other legal papers;
(c) represent the Debtor in all other matters incidental to the
petition; and
(d) perform all other legal services for the Debtor and
Debtor-in-Possession which may be necessary herein.
The Law Office of Matthew T. Desrochers, 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:
Matthew T. Desrochers, Esq.
Law Office of Matthew T. Desrochers, P.C.
274 Main Street, Suite 208
Reading, MA 01867
Telephone: (781) 279-1822
E-mail: matthewtdesrochers@gmail.com
About A P Beck Lawrence Realty, LLC
A P Beck Lawrence Realty, LLC sought protection under Chapter 11 of
the Bankruptcy Code (Bankr. D. Mass. Case No. 25-40962) on
September 11, 2025.
At the time of the filing, Debtor had estimated assets of between
$50,001 and $100,000 and liabilities of between $500,001 and $1
million.
Judge Elizabeth D. Katz oversees the case.
The Law Office of Matthew T. Desrochers, P.C. is Debtor's legal
counsel.
AASRAH 889: Retains Pagan Lopez Law Office as Legal Counsel
-----------------------------------------------------------
AASRAH 889 SUTTER, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to retain Pagan Lopez
Law Office PLLC as its legal counsel in its Chapter 11 case.
Pagan Lopez Law Office will provide these services:
(a) advising the Debtor of its rights, powers and duties as
debtor-in-possession under the Bankruptcy Code
(b) performing all legal services for and on behalf of the Debtor
that may be necessary or appropriate in the administration of this
bankruptcy case and the Debtor's business
(c) advising the Debtor concerning, and assisting in, the
negotiation and documentation of financing agreements and debt
restructurings
(d) counseling the Debtor in connection with the formulation,
negotiation, and consummation of a possible sale of the Debtor or
its assets
(e) reviewing the nature and validity of agreements relating to
the Debtor's interests in real and personal property and advising
the Debtor of its corresponding rights and obligations
(f) advising the Debtor concerning preference, avoidance,
recovery, or other actions that they may take to collect and to
recover property for the benefit of the estate and its creditors,
whether or not arising under Chapter 5 of the Bankruptcy Code
(g) preparing on behalf of the Debtor all necessary and
appropriate applications, motions, pleadings, draft orders,
notices, schedules, and other documents and reviewing all financial
and other reports to be filed in this bankruptcy case
(h) advising the Debtor concerning, and preparing responses to,
applications, motions, complaints, pleadings, notices, and other
papers that may be filed and served in this bankruptcy case
(i) counseling the Debtor in connection with the formulation,
negotiation, and promulgation of a plan of reorganization and
related documents or other liquidation of the estate
(j) working with and coordinating efforts among other
professionals to attempt to preclude any duplication of effort
among those professionals and to guide their efforts in the overall
framework of Debtor's reorganization or liquidation
(k) working with professionals retained by other parties in
interest in this bankruptcy case to attempt to structure a
consensual plan of reorganization, liquidation, or other resolution
for Debtor
Subject to Court approval, Pagan Lopez Law Office will be paid on
an hourly basis plus reimbursement of actual, necessary expenses.
These attorneys will represent the Debtor:
–- Roberto L. Pagan Lopez, Owner -- $500 per hour
–- Christina Falcone, Associate -- $500 per hour
The Firm also requests a $7,500 retainer deposit.
According to the Debtor, Pagan Lopez Law Office does not represent
or hold any interest adverse to the Debtor, its estate, creditors,
equity security holders, or affiliates in the matters upon which
the Firm is to be engaged, and is a "disinterested person" as
defined in the Bankruptcy Code.
The firm can be reached at:
Pagan Lopez Law Office PLLC
28-07 Jackson Ave, Tower 3, 5FL
Long Island City, NY 11101
Telephone: (347) 434-3040
E-mail: info@paganlopezlaw.com
About Aasrah 889 Sutter LLC
Aasrah 889 Sutter LLC is a limited liability company.
Aasrah 889 Sutter LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-42477) on May 21,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
The Debtors are represented by Roberto L. Pagan-Lopez, Esq. at
Pagan Lopez Law Office.
ADVANCED SYSTEMS: Claims to be Paid from Property Sale Proceeds
---------------------------------------------------------------
Advanced Systems Realty, LLC filed with the U.S. Bankruptcy Court
for the Southern District of Florida a Disclosure Statement for
Plan of Liquidation dated September 25, 2025.
The Debtor is a Florida limited liability company with a mailing
address of 120 E. Oakland Park Blvd., #105, Fort Lauderdale, FL
33334. The Debtor's Managing Member is Carlos Kosloff.
The Debtor owns the real property located at 708 SE 2 Avenue, #327,
Deerfield Beach, FL 33441 (the "Real Property"). According to the
Broward County, Florida property appraiser, the market value of all
of the Real Property is $191,380.00.
On April 18, 2025, the Circuit Court of the Seventeenth Judicial
Circuit in and for Broward County, Florida entered its Amended
Final Judgment of Foreclosure in favor of Brookfield Gardens North
No. 4 Association, Inc. against the Debtor, which scheduled a
foreclosure sale of the Real Property for May 28, 2025.
In order to stop the foreclosure sale and permit the Debtor to sell
its Real Property in an orderly fashion to preserve value of the
Real Property for the benefit of the Debtor's creditors and equity
security holders, Debtor filed this chapter 11 case.
Class 3, the Priority and Unsecured Claim of the Internal Revenue
Service will be paid in full at the closing of the sale of the Real
Property. This Class is unimpaired.
Class 4 consists of the allowed equity interests in the Debtor,
which includes interests in any share of preferred stock, common
stock, membership interest or other instrument evidencing ownership
interest in the Debtor, whether or not transferable, and any
option, warranty, right, contractual or otherwise, to acquire any
such interest.
Class 3 equity interest(s) of the Debtor shall retain any and all
net proceeds from the closing of the sale of the Real Properties,
after payment in full of allowed claims, including payment to the
United States Trustee of its quarterly fees and payments to the
Debtor's professionals.
The means necessary for the execution of this Plan include the
proceeds from the sale of the Real Property. The sale will be free
and clear of any and all liens, claims, encumbrances and other
interests.
A full-text copy of the Disclosure Statement dated September 25,
2025 is available at https://urlcurt.com/u?l=gGCqpn from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Mark S. Roher, Esq.
Law Office of Mark S. Roher, P.A.
1806 N. Flamingo Road, Suite 300
Pembroke Pines, FL 33028
Tel: (954) 353-2200
Email: mroher@markroherlaw.com
About Advanced Systems Realty
Advanced Systems Realty, LLC is a Florida limited liability company
which owns the real property located at 708 SE 2 Avenue, #327,
Deerfield Beach, FL 33441 (the "Real Property").
The Debtor filed Chapter 11 petition (Bankr. S.D. Fla. Case No.
25-15435) on May 15, 2025, listing $100,001 to $500,000 in assets
and $50,001 to $100,000 in liabilities.
Judge Scott M. Grossman oversees the case.
Mark S. Roher, P.A., is the Debtor's legal counsel.
ADVANCED SYSTEMS: Hires Trustee Realty as Exclusive Broker
----------------------------------------------------------
Advanced Systems Realty LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to hire Trustee Realty
Inc. to serve as exclusive real estate broker in its Chapter 11
case.
Trustee Realty Inc. will provide these services:
(a) market the Property to potential buyers;
(b) cooperate and communicate with other brokers;
(c) make the Property available for showings; and
(d) place the Property in a multiple listing service (MLS).
Debtor proposes that the total brokerage fee payable at the closing
of any sale of the Property be equal to 6% of the gross purchase
price. Any buyer's broker will receive 2% of the gross purchase
price with Trustee Realty Inc. receiving 4%, or the full 6% if
there is no buyer's broker.
Trustee Realty Inc. is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Jason A. Welt, Agent
Trustee Realty Inc.
2200 North Commerce Parkway, Suite 200
Weston, FL 33326
Telephone: (954) 803-0790
E-mail: jw@jweltpa.com
About Advanced Systems Realty
Advanced Systems Realty, LLC filed Chapter 11 petition (Bankr. S.D.
Fla. Case No. 25-15435) on May 15, 2025, listing $100,001 to
$500,000 in assets and $50,001 to $100,000 in liabilities.
Judge Scott M. Grossman oversees the case.
Mark S. Roher, P.A. is the Debtor's legal counsel.
ALACHUA GOVERNMENT: Sues DOD to Compel Removal of Worksite Gear
---------------------------------------------------------------
Biologics developer Alachua Government Services Inc. has filed suit
against the U.S. Department of Defense, seeking to compel the
removal of heavy government equipment from its Florida
manufacturing facility. The company warned that unless the
machinery is cleared, a pending bankruptcy sale could collapse,
jeopardizing its restructuring efforts.
According to the complaint filed in the U.S. Bankruptcy Court for
the District of Delaware, the Alachua facility—originally built
to produce drugs and vaccines under government contracts—remains
filled with federally owned property. AGS said the site must be
cleared by October 17, 2025 in order to move forward with a $3.5
million stalking horse asset sale.
The company argued that without swift government action, buyers may
walk away, leaving its Chapter 11 case in jeopardy. AGS stressed
that timely removal of the equipment is essential not only for
closing the transaction but also for preserving value for creditors
and securing a path out of bankruptcy, the report states.
About Alachua Government Services, Inc.
Alachua Government Services Inc., is a pharmaceutical and medicine
manufacturing company formerly known as Ology Bioservices. The
company, based in Alachua, Florida, operates in the pharmaceutical
manufacturing sector.
Alachua Government Services Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11289) on July
6, 2025. In its petition, the Debtor reports estimated assets
between $50 million and $100 million and estimated liabilities
between $100 million and $500 million.
Judge J. Kate Stickles oversees the case. Richards, Layton &
Finger, P.A. is Debtor's legal counsel.
ALLIANCE LAUNDRY:S&P Places 'B' ICR on Watch Positive on IPO Plans
------------------------------------------------------------------
S&P Global Ratings placed all of its ratings on U.S.-based
commercial laundry equipment manufacturer Alliance Laundry Holdings
LLC, including its 'B' issuer credit rating, on CreditWatch with
positive implications.
The resolution of the CreditWatch placement will depend on the
completion of the IPO and debt repayment, as well as S&P's
assessment of the company's future financial policies.
The positive CreditWatch placement reflects the potential for a
higher rating following Alliance's IPO and debt repayment.
Alliance filed an S-1 for an IPO. The company estimates it will
raise about $464 million in net proceeds with which it intends to
pay down debt.
While S&P expects financial sponsor BDT Capital Partners to retain
majority ownership and control, it believes this will be a
deleveraging transaction that could meaningfully improve Alliance's
credit measures.
Alliance announced its plans to list its shares of common stock on
the New York Stock Exchange the week of Oct. 6, 2025. The company
stated in its S-1 filings that it intends to use the $464 million
of net proceeds from the IPO to pay down borrowings under its term
loan. Alliance has about $1.94 billion currently outstanding on its
term loan following its $135 million voluntary prepayment on Sept.
22, 2025. S&P estimates that the company could reduce S&P Global
Ratings-adjusted leverage to about 5x assuming the transaction is
completed as contemplated.
S&P said, "We expect Alliance will continue to seek out bolt-on
acquisition opportunities to support geographic expansion and
strengthen its market position and bolster growth, but we believe
it will maintain lower leverage as a public company. Furthermore,
Alliance has announced it does not intend to pay dividends in the
near term. We expect financial sponsor BDT Capital to retain
majority ownership of about 76% in Alliance post-IPO and, as such,
will continue to dictate financial policies. We believe it will
likely sell down shares over time, reducing the risk of leveraging.
Nonetheless, a clearer understanding of financial policy moving
forward will be a key factor in our CreditWatch resolution.
"We forecast Alliance will sustain its solid operating performance
through 2026, driven by growing demand for on-premise and
commercial laundromats, customer replacement of aging equipment,
and international expansion. Our base-case forecast assumes
year-over-year EBITDA growth of at least 10% in 2025 and 3% in
2026. We believe the company could sustain leverage below 5x over
next 12 months, depending on its financial policies going forward.
"We will resolve the CreditWatch upon completion of the IPO and
debt pay down. We could raise or affirm our ratings on Alliance,
including the issuer credit rating, following its debt repayment
and our assessment of the company's financial policies. We will
also reassess our recovery ratings on its first-lien credit
facilities once debt reduction is confirmed. We could raise our
ratings if we expect Alliance will maintain operating performance
and financial policies consistent with sustaining S&P Global
Ratings adjusted leverage below 5x over the long term."
AMERICAN UNAGI: Seeks Chapter 11 Bankruptcy in Maine
----------------------------------------------------
Chris Chase of Seafood Source reports that American Unagi, a
Waldoboro, Maine-based aquaculture company, has filed for voluntary
Chapter 11 protection in an effort to restructure its balance sheet
and pursue a sale of the business. The filing is intended to serve
as a strategic measure that allows the company to stabilize
operations while transitioning to new ownership.
The company, which began operations at its USD 10 million (EUR 8.5
million) recirculating aquaculture system facility in 2023, is the
only large-scale producer of domestically raised eel in the U.S.,
according to the report. Its efforts to expand the domestic market
have gained industry recognition, with its Gluten Free Eel Kabayaki
Fillet winning Best New Foodservice Product at the 2025 Seafood
Excellence Awards, according to report.
In announcing the filing, American Unagi said the Chapter 11
process followed extensive deliberation and was the most effective
path to safeguard its business and customers. The company will
continue day-to-day operations while restructuring is underway,
ensuring continuity for buyers and partners.
CEO and Founder Sara Rademaker said the filing, backed by secured
financing, will allow the company to adjust its financial
obligations while maintaining a strong operational foundation. She
emphasized that the process will help attract new investors and
partners to strengthen its position in the aquaculture industry.
The company anticipates completing the Chapter 11 proceedings
before the close of 2025.
About American Unagi Inc.
American Unagi Inc., located in Waldoboro, Maine, operates a
land-based aquaculture facility specializing in the sustainable
farming of American eels. The Company raises glass eels sourced
from licensed Maine harvesters in recirculating aquaculture systems
and produces products including smoked, butterflied, and tinned
eel. It serves both direct consumers through its online store and
select seafood retailers, and is part of the aquaculture and
seafood production industry.
American Unagi Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Me. Case No. 25-10180) on September 29,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between $10
million and $50 million.
Honorable Bankruptcy Judge Michael A. Fagone handles the case.
The Debtor is represented by D. Sam Anderson, Esq. of BERNSTEIN
SHUR SAWYER & NELSON, P.A.
ANTERO MIDSTREAM: Moody's Ups CFR to Ba1 & Alters Outlook to Stable
-------------------------------------------------------------------
Moody's Ratings upgraded the ratings of Antero Midstream Partners
LP (AM), including its Corporate Family Rating to Ba1 from Ba2,
Probability of Default Rating to Ba1-PD from Ba2-PD, and the rating
on the backed senior unsecured notes to Ba2 from Ba3. The SGL-2
Speculative Grade Liquidity Rating (SGL) remains unchanged. The
outlook is changed to stable from positive.
"The upgrade of AM's ratings reflects the company's steady and
ongoing progress in reducing its financial leverage while
continuing to grow its gathering volumes," commented John Thieroff,
a Moody's Ratings Senior Credit Officer.
RATINGS RATIONALE
AM's Ba1 CFR is supported by its growing earnings base, declining
financial leverage, and predominantly fee-based long-term
contracted revenue from its primary customer, Antero Resources
Corporation (Antero, Ba1 positive). The company has continued to
reduce leverage, which Moody's expects to remain a priority. AM's
credit profile is constrained by its geographic concentration in
Appalachia; high reliance on a single counterparty for its natural
gas and water volumes; exposure to volumetric risks through mostly
acreage dedication contracts; and indirect exposure to volatile
natural gas prices which ultimately dictate upstream drilling and
production levels.
Antero Midstream's senior unsecured notes are rated Ba2, one notch
below the Ba1 CFR, reflecting the significant size of AM's secured
revolving credit facility, which has an all-asset pledge and a
priority-claim over the notes.
The company should have good liquidity through 2026 which is
captured in the SGL-2 rating. Liquidity is supported by AM's $1.25
billion revolving credit facility, which had $861 million of
availability as of June 30, 2025. Moody's expects AM to generate
about $300 million of free cash flow after making planned
distributions that could be used to reduce revolver debt. The
company should have ample compliance cushion under the three
financial covenants governing the credit agreement, including a
senior secured leverage covenant no more than 3.75x, a total
leverage covenant no more than 5x and an interest coverage covenant
of at least 2.5x. AM's next maturity will be its $650 million issue
due in 2028.
AM's stable outlook reflects Moody's expectations that the company
will continue to generate solid free cash flow and operate within
its long-term debt/EBITDA target of 3x or less.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
In order for AM to be upgraded to investment-grade, its primary
counterparty Antero would have to be upgraded to Baa3 but also the
company would have to strengthen its business profile by expanding
its geographic footprint and/or customer diversification and
continue to grow its EBITDA while maintaining low financial
leverage. AM's ratings could be downgraded if debt/EBITDA rises
above 3.5x or if Antero's CFR is downgraded below Ba1, its current
level.
Antero Midstream Partners LP is a wholly owned subsidiary of Antero
Midstream Corporation, a midstream energy company based in Denver,
Colorado. Antero Midstream Corporation owns and operates an
integrated system of natural gas gathering pipelines, compression
stations, processing and fractionation plants, and water handling
and treatment assets in northwest West Virginia and southern Ohio.
The principal methodology used in these ratings was Midstream
Energy published in February 2022.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
ARCHDIOCESE OF NEW ORLEANS: Committee Taps Neblett as Reviewer
--------------------------------------------------------------
The Official Committee of Unsecured Creditors of the Roman Catholic
Archdiocese of New Orleans seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Louisiana to hire Richard
Arsenault to serve as Abuse Claims Reviewer in the Chapter 11 case
of the Archdiocese.
Mr. Arsenault will provide these services:
(a) review and assess Abuse Claims under the Allocation Protocol;
(b) review proofs of claims filed by Additional Debtors Sexual
Abuse Bar Date set forth in the Joint Plan;
(c) review Abuse Claims seeking reconsideration after award; and
(d) charge for all expenses connected with his review of Abuse
Claims, including travel, mail, delivery, photocopying, research,
and other related costs.
Mr. Arsenault will receive compensation as follows: $1,500 per
Abuse Claim reviewed, payable by the Archdiocese; and $1,000 for
each Abuse Claim seeking reconsideration, payable by the claimant
as a deduction from the award. He will also be reimbursed for
related expenses.
Mr. Arsenault is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, as modified by Section
1103(b), according to court filings.
The firm can be reached at:
Richard J. Arsenault, Esq.
Neblett, Beard & Arsenault, Attorney at Law
2220 Bonaventure Ct.
Alexandria, LA 71301
Telephone: (800) 256-1050
E-mail: rarsenault@nbalawfirm.com
About Roman Catholic Church of The Archdiocese Of
New Orleans
The Roman Catholic Church of the Archdiocese of New Orleans
--https://www.nolacatholic.org/ -- is a non-profit religious
corporation incorporated under the laws of the State of Louisiana.
Created as a diocese in 1793, and established as an archdiocese in
1850, the Archdiocese of New Orleans has educated hundreds of
thousands in its schools, provided religious services to its
churches and provided charitable assistance to individuals in need,
including those affected by hurricanes, floods, natural disasters,
war, civil unrest, plagues, epidemics, and illness. Currently, the
archdiocese's geographic footprint occupies over 4,200 square miles
in southeast Louisiana and includes eight civil
parishes: Jefferson, Orleans, Plaquemines, St. Bernard, St.
Charles, St. John the Baptist, St. Tammany, and Washington.
The Roman Catholic Church for the Archdiocese of New Orleans sought
Chapter 11 protection (Bankr. E.D. La. Case No. 20-10846) on May 1,
2020. The archdiocese was estimated to have $100 million to $500
million in assets and liabilities as of the bankruptcy filing.
Judge Meredith S. Grabill oversees the case.
Jones Walker, LLP and Blank Rome, LLP, serve as the archdiocese's
bankruptcy counsel and special counsel, respectively. Donlin,
Recano& Company, Inc., is the claims agent.
The U.S. Trustee for Region 5 appointed an official committee of
unsecured creditors on May 20, 2020. The committee is represented
by the law firms of PachulskiStangZiehl& Jones, LLP and Locke Lord,
LLP. Berkeley Research Group, LLC is the committee's financial
advisor.
ATI INC: Moody's Raises CFR to Ba2, Outlook Stable
--------------------------------------------------
Moody's Ratings upgraded ATI Inc.'s (ATI) Corporate Family Rating
to Ba2 from Ba3, its Probability of Default Rating to Ba2-PD from
Ba3-PD and the rating on its senior unsecured notes to Ba3 from B1.
At the same time, Moody's upgraded Allegheny Ludlum, LLC's backed
senior unsecured rating to Ba3 from B1. The rating outlooks for
both entities remain stable and ATI's Speculative Grade Liquidity
Rating (SGL) remains at SGL-1.
"The upgrade of ATI Inc.'s ratings reflects Moody's expectations
that its operating performance and credit metrics will continue to
strengthen over the next 12 to 18 months as it benefits from
strength in its key aerospace and defense end market. It also
incorporates Moody's expectations the company will use a portion of
its cash balance and future free cash flow to pay down debt" said
Michael Corelli, Moody's Ratings' Senior Vice President and lead
analyst for ATI Inc.
RATINGS RATIONALE
ATI Inc.'s Ba2 corporate family rating reflects its relatively low
leverage, good interest coverage and the expectation these metrics
will be supported by the ongoing strength in its key commercial
aerospace end market. This end market is experiencing strong orders
and demand and should continue to recover assuming The Boeing
Company (Baa3 negative) is able to move past its recent issues and
ramp up production to meet that demand. ATI's rating also reflects
its position as a leading producer of specialty titanium and
titanium alloys, nickel-based alloys and super alloys serving a
wide range of end markets including aerospace and defense, energy,
medical, electronics, automotive and others. The company benefits
from long-term agreements (LTA's) with many of its customers across
the airframe, aero engine, defense, and medical markets. The rating
also incorporates its very good liquidity position, which provides
support to its credit profile and enables it to navigate periods of
weakness in the aerospace sector and investments in working capital
as business recovers.
ATI's rating also reflects its reliance on the aerospace and
defense sector and the historical volatility of its operating
performance and credit metrics which tend to track the aerospace
cycle. It also incorporates the risk of continued production issues
at The Boeing Company (Baa3 negative) and potentially lower demand
if worldwide economic growth weakens.
ATI's operating performance continues to strengthen for the fourth
consecutive year due to strength in the aerospace and defense end
market, which accounted for about 66% of its revenues in the first
half of 2025. The company has also benefitted from improved
productivity, product mix optimization and strategic pricing
actions. As a result, its adjusted EBITDA is expected to rise to
about $825 million versus $736 million in 2024 and $644 million in
fiscal 2023. The company is expected to achieve earnings growth
again in fiscal 2026 as it continues to benefit from strong order
rates and the same dynamics supporting its fiscal 2025 performance,
along with share gains in titanium products as the company restarts
and expands capacity. ATI is expected to generate solid free cash
flow as earnings grow and investments in working capital moderate.
These investments have consumed around $865 million of cash over
the past 4.5 years. Moody's anticipates the company will use this
free cash to repurchase stock and pay down debt.
ATI's credit metrics are expected to continue to strengthen in the
near term along with the company's operating performance. If the
company can generate adjusted EBITDA of around $825 million, then
its leverage ratio (debt/EBITDA) will decline to around 2.3x and
its interest coverage (EBITDA/Interest) will rise to about 7.0x as
of December 2025. These metrics will be strong for the rating and
could lead to a positive change in the company's outlook or ratings
if they are likely to be sustained.
ATI's speculative grade liquidity rating of SGL-1 considers the
company's very good liquidity profile which consists of $319.6
million in cash and approximately $570.6 million of borrowing
availability on its $600 million asset-based lending credit
facility as of June 30, 2025. Availability was reduced by $29.4
million of letters of credit issued as the company had no
outstanding borrowings. The ABL facility was amended in June 2025,
and the maturity was extended by 3 years to June 2030. ATI also
established a 3-year $125 million accounts receivable
securitization facility in September 2025 to take advantage of its
over-collateralized ABL and to add flexible revolving liquidity. As
of September 25, 2025, approximately $80 million of loans were
outstanding under the facility.
The Ba3 rating on ATI's senior unsecured debt instruments reflects
the effective subordination of the unsecured debt relative to the
ABL facility and the term loan. The senior unsecured debt at
Allegheny Ludlum, LLC (guaranteed by ATI) has the same rating as
the senior unsecured debt at ATI given the high level of
interdependence between the operations. The instruments are also
considered to be at parity given the significantly higher asset
values of ATI relative to the asset value of Allegheny Ludlum and
the view that given the operating interdependence, ATI would
support Allegheny Ludlum.
The stable outlook incorporates Moody's expectations that ATI's
operating performance and credit metrics will remain historically
strong over the next 12 to 18 months and its credit metrics will
continue to support its rating. However, it also reflects the
historical volatility of its operating results due to its reliance
on the highly cyclical aerospace and defense sector.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
ATI's rating could be upgraded if the company sustains a track
record of higher profitability and financial policies commensurate
with a higher rating, and it sustains EBITDA/interest above 7.5x,
debt/EBITDA below 2.5x and retained cash flow of more than 30% of
net debt.
Downward rating pressure could materialize if ATI sustains
EBITDA/interest below 5.0x, debt/EBITDA above 3.5x and retained
cash flow below 20% of outstanding debt. The rating could also be
downgraded if the company's liquidity position materially
deteriorates.
Headquartered in Dallas, Texas, ATI Inc. is a diversified producer
and distributor of components and specialty metals such as titanium
and titanium alloys, nickel-based alloys and stainless and
specialty steel alloys. It sells these products mainly to the
aerospace, defense, energy, automotive, electronics, medical,
construction and mining sectors. For the twelve months ended June
30, 2025, the company generated revenues of $4.5 billion.
The principal methodology used in these ratings was Aerospace and
Defense published in July 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
BARRACUDA NETWORKS: BlackRock FRA Marks $1.03MM Loan at 17% Off
---------------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $1,038,000 loan extended to Barracuda Networks, Inc to
market at $858,617 or 83% of the outstanding amount, as of June 30,
2025, according to a disclosure contained in BlackRock FRA's Form
N-CSR for the Fiscal year ended June 30, 2025, filed with the
Securities and Exchange Commission.
BlackRock FRA is a participant in a 2022 Term Loan to Barracuda
Networks, Inc. The loan accrues interest at a rate of 8.78% (3-mo.
CME Term SOFR at 0.50% floor+ 4.50%) per annum. The loan matures on
August 15, 2029.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
Barracuda Networks, Inc. (NYSE: CUDA), designs and delivers
security and data protection solutions. The Company maintains its
headquarters in Campbell, California.
BARROW SHAVER: Seeks to Extend Plan Exclusivity to Jan. 27, 2026
----------------------------------------------------------------
Barrow Shaver Resources Company LLC, asked the U.S. Bankruptcy
Court for the Southern District of Texas to extend its exclusivity
periods to file a plan of reorganization and obtain acceptance
thereof to January 27, 2026 and April 6, 2026, respectively.
The Debtor explains that following the Third Exclusivity Motion, it
has continued to make good faith efforts toward an exit strategy.
The Debtor has kept the sale process moving forward by filing its
Cure Notices according to the Sale Schedule in the Bidding
Procedures Order. The Debtor has been working through the relevant
objections that were filed as a response to the Cure Notices.
Further, as heard in the August 6, 2025, and August 20, 2025 status
conferences, the Debtor has actively communicated the status of the
sale to the Court and counterparties, to the extent possible
without jeopardizing its ongoing negotiations. Accordingly, an
additional extension of the exclusivity periods for cause is both
warranted under the circumstances and is within the statutory time
limits imposed by section 1121(d)(2) of the Bankruptcy Code.
In addition to the grounds already recognized, significant
developments in the sale process demonstrate the need for an
extension of the Debtor's exclusivity periods. As previously
mentioned, the Debtor is in the process of finalizing negotiations
with interested parties to facilitate the designation of a lead
bidder.
The Debtor claims that once a lead bidder is designated, the Debtor
intends to hold an auction pursuant to the Bidding Procedures. The
Debtor is close to making this designation and proceeding with the
next phase of the sale process. Given the status of the sale, the
Debtor cannot finalize a transaction or file a chapter 11 plan
until the at least the following steps are accomplished:
* The negotiations between the interested parties and the
Debtor conclude and produce a form asset purchase agreement;
* The Debtor designates a lead bidder and holds an auction;
and
* The transaction between the winning bidder and the Debtor is
finalized following the auction.
The Debtor asserts that the developments described since the entry
of the Third Exclusivity Order provide ample justification to
extend the Debtor's exclusive period to file a chapter 11 plan
through and including January 27, 2026, and to extend the Debtor's
exclusive period to solicit votes accepting or rejecting a plan
through and including April 6, 2026.
Barrow Shaver Resources Company, LLC is represented by:
Joseph E. Bain, Esq.
Sean T. Wilson, Esq.
Olivia K. Greenberg, Esq.
Elizabeth De Leon, Esq.
JONES WALKER LLP
811 Main Street, Suite 2900
Houston, Texas 77002
Telephone: (713) 437-1800
Facsimile: (713) 437-1810
Email: jbain@joneswalker.com
swilson@joneswalker.com
ogreenberg@joneswalker.com
edeleon@joneswalker.com
About Barrow Shaver Resources Company
Barrow Shaver Resources Company, LLC is a privately held,
independent oil and gas exploration and acquisition company based
in Tyler, Texas. Barrow Shaver is engaged in prospect generation,
producing properties acquisition, lease acquisition, assembly and
marketing of prospects for the exploration and development of oil
and natural gas in the prolific producing trends of the East Texas
and West Texas Basins.
Barrow Shaver Resources Company sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 24-33353) on
Aug. 19, 2024. In the petition signed by James Katchadurian, chief
restructuring officer, the Debtor disclosed up to $100 million in
both assets and liabilities.
Judge Alfredo R. Perez oversees the case.
The Debtor tapped Jones Walker LLP as counsel, CR3 Partners, LLC as
financial advisor, and Kroll Restructuring Administration, LLC as
claims, noticing, and solicitation agent.
BAXSTO LLC: Hires Armbrust & Brown as Special Counsel
-----------------------------------------------------
Baxsto LLC seeks approval from the U.S. Bankruptcy Court for the
Western District of Texas to hire the Law Offices of Armbrust &
Brown PLLC to serve as special counsel in its Chapter 11 case.
Armbrust & Brown will provide these services:
(a) represent the Debtor in Case No. 11-25-00058-CV in the 11th
Court of Appeals;
(b) represent the Debtor in any further appeal to the Supreme
Court of Texas;
(c) represent the Debtor, in the event of remand, in Case No.
55565, in the 118th District Court of Howard County, TX; and
(d) render legal services in Debtor's appeal of an adverse
judgment in favor of Birch Operations Inc., Birch Resources LLC,
Birch EOC LLC, and Carolyn Collins Underwood.
Armbrust & Brown will be compensated on a contingency fee basis
equal to 35% of the gross amount of recoveries obtained, with
reimbursement of out-of-pocket expenses.
The firm is a "disinterested person" within the meaning of Section
101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached at:
Guillermo A. Alarcón, Esq.
ARMBRUST & BROWN, PLLC
100 Congress Avenue, Suite 1300
Austin, TX 78701
Telephone: (512) 435-2300
Facsimile: (512) 435-2360
E-mail: galarcon@labaustin.com
About Baxsto LLC
Baxsto LLC, based in Austin, Texas, manages and owns undivided
mineral interests in Howard and Borden Counties. Formed in 2014,
the Company leases these mineral rights to oil and gas operators
for the extraction of oil, gas, limestone, gravel, coal, sulfur,
and other minerals.
Baxsto LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. W.D. Tex. Case No. 25-11291) on August 21, 2025. In
its petition, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
Honorable Bankruptcy Judge Shad Robinson handles the case.
The Debtor is represented by Stephen W. Sather, Esq. at BARRON &
NEWBURGER, P.C.
BEAR'S FRUIT: Court Extends Cash Collateral Access to Nov. 14
-------------------------------------------------------------
Bear's Fruit, LLC received another extension from the U.S.
Bankruptcy Court for the Eastern District of New York to use cash
collateral to fund operations.
The court's interim order extended the Debtor's authority to use
the cash collateral of Express Trade Capital, Inc. and the U.S.
Small Business Administration from September 24 to November 14.
Express Trade Capital and SBA will be granted replacement liens on
all existing and future property of the Debtor to protect against
any diminution in collateral value caused by the Debtor's use of
their cash collateral. Both secured creditors are entitled to
superpriority claims pursuant to Section 507(b) of the Bankruptcy
Code.
As additional protection, Express Trade Capital will receive a
monthly payment of $7,500 from the Debtor.
The use of cash collateral ends upon conversion or dismissal of the
Debtor's Chapter 11 case; confirmation of a bankruptcy plan;
uncured default; improper modification of the order without notice;
or cessation of substantially all operations of the Debtor.
A final hearing is scheduled for November 12.
Express Trade Capital holds a perfected lien via a pre-petition
factoring arrangement and is owed $38,533, while SBA holds a
potentially lapsed security interest related to a $99,925 loan.
About Bear's Fruit LLC
Bear's Fruit, LLC operates an asset-light model, outsourcing
manufacturing, warehousing, and distribution.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.Y. Case No. 25-43951) on August 15,
2025. In the petition signed by Amy Driscoll, co-founder, the
Debtor disclosed up to $50,000 in assets and up to $500,000 in
liabilities.
Judge Jill Mazer-Marino oversees the case.
Robert L. Rattet, Esq., at Davidoff Hutcher & Citron, LLP, is the
Debtor's legal counsel.
Express Trade Capital, as secured creditor, is represented by:
Benjamin M. Ellis, Esq.
1410 Broadway, Suite 2600
New York, NY 10018
212-997-0155 x271
ben@expresstradecapital.com
BEECH INTERNATIONAL: Gets Extension to Use Cash Collateral
----------------------------------------------------------
Beech International, LLC received a one-month extension from the
U.S. Bankruptcy Court for the Eastern District of Pennsylvania to
use cash collateral.
The court's interim order extended the Debtor's authority to use
cash collateral from October 2 to October 31, marking the 15th
extension since its Chapter 11 filing.
The interim order signed by Judge Ashely Chan authorized the Debtor
to use cash collateral within a 15% variance per budget category,
(except those cash held by UMB Bank, National Association in
reserves).
As protection, each creditor with an interest in the cash
collateral will be granted a replacement lien on all property of
the Debtor acquired after its bankruptcy filing. The replacement
lien does not apply to proceeds of actions commenced under Chapter
5 of the Bankruptcy Code.
Termination events under the interim order include the entry of a
subsequent cash collateral order; the appointment of a Chapter 11
trustee or examiner; the conversion of the Debtor's Chapter 11 case
to one under Chapter 7; or the filing by the Debtor of a motion to
obtain financing secured by liens senior to the liens in favor of
UMB.
A final hearing is scheduled for October 29. The deadline for
filing objections is on October 22.
The Debtor believes that only UMB and PIDC Local Development
Corporation have an asserted interest in cash collateral.
UMB is the trustee under a Trust Indenture dated as of Sept. 1,
2010, between the Philadelphia Authority for Industrial Development
and TD Bank, N.A., as prior trustee. Pursuant to the Indenture,
among other things, PAID issued certain Revenue Bonds
(International Apartments at Temple University) Series 2010A,
2010B, and 2010C, in the aggregate principal amount of $17.280
million.
On Sept. 1, 2010, PAID loaned the proceeds of the bonds to the
Debtor to acquire, construct, equip and install the student housing
facility with two commercial units adjacent to Temple University.
This loan is evidenced by, among other things, a loan agreement
between PAID and the Debtor dated as of September 1, 2010, and
three promissory notes issued by the Debtor in favor of PAID.
As of the petition date, UMB asserts that approximately
$15,241,671.88 remained due and owing on the notes.
Prior to the petition Date, PIDC Local Development Corporation made
(i) a loan in the amount of $600,000 to the company's sole member,
Beech Interplex, Inc.; and (ii) a loan in the amount of $1 million
to Beech Interplex.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/Iwr2u from PacerMonitor.com.
About Beech International
Beech International, LLC is a Single Asset Real Estate debtor (as
defined in 11 U.S.C. Section 101(51B)).
Beech International filed Chapter 11 petition (Bankr. E.D. Pa. Case
No. 24-14406) on December 10, 2024, listing between $10 million and
$50 million in both assets and liabilities. Ken Scott, chief
executive officer of Beech International, signed the petition.
Judge Ashely M. Chan handles the case.
Robert Lapowsky, Esq., at Stevens & Lee, P.C. is the Debtor's legal
counsel.
UMB Bank, N.A., as secured creditor, is represented by:
Tobey M. Daluz, Esq.
Margaret A. Vesper, Esq.
Ballard Spahr, LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103
Tel: (215) 864-8148
Facsimile: (215) 864-8999
daluzt@ballardspahr.com
vesperm@ballardspahr.com
-- and --
William P. Wassweiler, Esq.
Ballard Spahr, LLP
2000 IDS Center
80 South 8th Street
Minneapolis, MN 55402-2119
Telephone: (612) 371-3289
Facsimile: (612) 371-3207
wassweilerw@ballardspahr.com
BEELINE HOLDINGS: Adds $5M to ATM Equity Program With Ladenburg
---------------------------------------------------------------
Beeline Holdings, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company filed
a prospectus supplement registering the offer and sale from
time-to-time of up to $5,000,000 of shares of the Company's common
stock under that certain At The Market Offering Agreement dated
April 30, 2025, with Ladenburg Thalmann & Co., Inc. acting as sales
agent. The sales of the Shares are in addition to prior sales of a
total of 5,540,043 shares of common stock for total gross proceeds
of approximately $7,000,000 previously sold under the Agreement.
Sales of the Shares, if any, may be made by any method permitted by
law deemed to be an "at the market" offering as defined in Rule 415
of the Securities Act of 1933, including without limitation sales
made directly on or through The Nasdaq Capital Market, the trading
market for the Company's common stock, or any other existing
trading market in the United States for the Company's common stock,
sales made to or through a market maker other than on an exchange
or otherwise, sales made directly to Ladenburg as principal in
negotiated transactions at market prices prevailing at the time of
sale or at prices related to such prevailing market prices, and/or
in any other method permitted by law. Ladenburg will use
commercially reasonable efforts to sell on our behalf all of the
Shares requested to be sold by us, consistent with its normal
trading and sales practices, subject to the terms of the Agreement.
Under the Agreement, Ladenburg will be entitled to compensation of
3.0% of the gross proceeds from the sales of the Shares sold under
the Agreement. In addition, we have agreed to reimburse Ladenburg
for the fees and disbursements of its counsel, payable upon
execution of the Agreement, in an amount not to exceed $50,000. In
addition, the Company shall reimburse Ladenburg for legal fees of
its counsel up to $5,500 for each quarterly due diligence update
and up to $7,500 pursuant to certain terms of the Agreement
including annual due diligence updates.
The Shares are being offered and sold pursuant to a prospectus
supplement filed with the Securities and Exchange Commission on
September 26, 2025 and the accompanying base prospectus which is
part of the Company's effective Registration Statement on Form S-3
(File No. 333-284723). Investors should read the Registration
Statement, the base prospectus and the prospectus supplement and
all documents incorporated therein by reference.
About Beeline Holdings
Beeline Financial Holdings, Inc. is a trailblazing mortgage fintech
transforming the way people access property financing. Through its
fully digital, Al-powered platform, Beeline delivers a faster,
smarter path to home loans-whether for primary residences or
investment properties. Headquartered in Providence, Rhode Island,
Beeline is reshaping mortgage origination with speed, simplicity,
and transparency at its core. The company is a wholly owned
subsidiary of Beeline Holdings and also operates Beeline Labs, its
innovation arm focused on next-generation lending solutions.
Boca Raton, Florida-based Salberg & Company, P.A., the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has incurred recurring losses and negative cash
flows from operations since its inception, has a significant
working capital deficit, and is dependent on debt and equity
financing. These matters raise substantial doubt about the
Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $66.5 million in total assets,
against $17.5 million in total liabilities. As of June 30, 2025,
the Company had $68.57 million in total assets, against $13.02
million in total liabilities.
BELLA INVESTMENT: Taps Keller Williams as Listing Agent
-------------------------------------------------------
Bella Investment Properties, LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Pennsylvania to hire
Keller Williams Empower to serve as Listing Agent/Broker in its
Chapter 11 case.
Keller Williams Empower will provide these services:
(a) market and sell (or lease to facilitate sale) the Debtor's
real property located at 1824 E. Passyunk Avenue, Philadelphia,
PA;
(b) provide professional expertise and experience of KW's sales
agents to maximize the value of the property; and
(c) perform services related to marketing and facilitating a sale
or lease subject to court approval.
Keller Williams Empower proposes a broker's commission of 5 percent
of the purchase price, which the Debtor believes is fair and
customary.
According to the Verified Statement of Mario Tropea, Keller
Williams Empower (a) does not hold an interest adverse to the
Debtor's estate; (b) does not represent an interest adverse to the
Debtor's estate; and (c) is a disinterested person under Bankruptcy
Code Section 101(14).
The firm can be reached at:
Keller Williams Empower
Attn: Mario Tropea
1824 E. Passyunk Avenue
Philadelphia, PA 19148
About Bella Investment Properties
Bella Investment Properties LLC is classified as a single-asset
real estate debtor under 11 U.S.C. Section 101(51B).
Bella Investment Properties LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-13573) on
September 8, 2025. In its petition, the Debtor reports estimated
assets between $100,000 and $500,000 and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Derek J. Baker handles the case.
The Debtor is represented by David B. Smith, Esq., at Smith Kane
Holman, LLC.
BH DOWNTOWN: Amends Unsecured Claims Pay Details
------------------------------------------------
BH Downtown Miami, LLC and 340 Biscayne Owner, LLC submitted an
Amended Joint Disclosure Statement describing Amended Plan of
Reorganization dated September 25, 2025.
340 is the fee simple owner of the real property located at 340
Biscayne Boulevard in Miami, Florida, as well as the improvements
located thereon, which house a hotel, commonly known as Holiday Inn
Port of Miami-Downtown.
Since the Petition Date, 340 has continued to operate the Hotel as
a debtor-in-possession under the management of Aimbridge and the
IHG flag. The Hotel operates at a profit, and the Debtors have paid
all their debts as they become due.
Prior to the Chapter 11 Case, 340 was undergoing its 40-year
recertification of the Hotel building with the City of Miami, and
it has continued its efforts towards recertification during the
Chapter 11. As part of the recertification process, 340 is required
to make certain repairs to the Property. The deadline for 340 to
comply is March 3, 2026, subject to further extensions.
In April 2025, the Debtors retained a broker, Hilco Real Estate,
LLC, to market the Property for sale. Hilco embarked on a national
and international marketing campaign to sell or refinance the
Property. The Debtors have pursued each option and will sell to a
buyer using any one of these structures by Private Sale or Auction
Sale. Upon closing of the Sale of the Property, the Debtors shall
have no further operation other than complying with the terms of
the Plan and closing down the corporate structures.
The Debtors also filed an Adversary Complaint and Objection to
Claims against Cirrus. In the Adversary Proceeding the Debtors
object to the claims filed by Cirrus against each of the Debtors
and also seek damages in excess of $70 Million for breach of
contract, fraud in the inducement, usury, and other claims. The
Adversary Proceeding is scheduled to go to trial the week of
February 9, 2026.
Cirrus filed a secured claim against each of the Debtors in the
amount of $98,525,616.99 plus interest. The outcome of the
Adversary Proceeding will determine the amount of any Allowed Claim
Cirrus may have and the amount of damages that Cirrus owes to the
Debtors. The outcome may include a payment by each party or a
setoff.
The Plan is a liquidating Plan. 340 will sell the Property by
Private Sale or Auction, to a third party purchaser free and clear
of all liens, claims and encumbrances, pursuant to Section 363(f)
of the Bankruptcy Code, with any liens, claims and encumbrances to
attach to the proceeds of the Sale. The Net Sale Proceeds will be
used to make the distributions under the Plan. The Property has
been appraised at more than $200 Million, and the Debtors expect to
receive sufficient funds to pay all Creditors in full and make a
significant Distribution to the Equity Interest Holders.
The Debtors also anticipate having approximately $1 Million in Cash
as of the Effective Date to pay creditors. The Debtors will
continue to collect accounts receivable and insurance refunds and
other deposits after the Effective Date, but expect the amounts to
be de minimis after setoffs and related costs.
In addition, the Litigation Proceeds, if any, may provide an
additional source of funds for payment to Creditors and Equity
Interest Holders. While the Debtors anticipate the Net Sale
Proceeds will be sufficient to pay all Creditors in full,
Litigation Proceeds will be available to ensure payments under the
Plan.
The Class 3 General Unsecured Claims against 340 include all
Allowed Claims of General Unsecured Creditors that are not General
Administrative Claims, Claims entitled to Priority, or Class 1
Claims. The Unsecured Creditors shall be paid on account of their
Allowed Claims on the Initial Distribution Date on a Pro Rata basis
after setting aside funds sufficient to pay anticipated General
Administrative Claims, and payment in full of the Allowed General
Administrative Claims, Priority Claims, Priority Tax Claims, and
Class 1 and 2 Claims are paid in full or funds are escrowed for the
Class 1 Claim.
In the event that 340 receives payment from the Cirrus Litigation
or any other Litigation Proceeds, or Cash from any other source,
340 will make a second Distribution to Class 3 Creditors who did
not receive payment in full on the Initial Distribution Date, and
will make the second Distribution on a Pro Rata basis after setting
aside funds sufficient to pay anticipated General Administrative
Claims.
In the event 340 has sufficient Cash to pay the Class 3 Creditors
in full, it will make additional Distributions until they are paid
in full. The total amount of General Unsecured Claims asserted
against 340 is approximately $700,000 based on the Schedules and
Proofs of Claim filed, other than any potential Deficiency Claims
and Rejection Damage Claims. Class 3 is impaired.
Class Six consists of Allowed General Unsecured Creditors Against
BH. The General Unsecured claims of BH include all Allowed claims
of Unsecured Creditors against BH that are not part of Class 1, 2,
3, 4 or 5 and any Deficiency Claim of Cirrus. The Class 6 Unsecured
Creditors shall be paid on a Pro Rata basis from any Cash BH
receives on account of its Class 4 Claim on the later of (a) ten
days after payment to BH on account of its Class 4 Claim and (b) a
date that is no more than 10 days after entry of a Final Order
allowing their claim. The total amount of Claims asserted is
approximately $25,000. Class 6 is impaired.
The Debtors' Property shall be liquidated, and there shall be no
further operations, other than the maintenance of the corporate
structure and the payment of claims under the Plan.
A full-text copy of the Amended Joint Disclosure Statement dated
September 25, 2025 is available at https://urlcurt.com/u?l=XKqFLk
from PacerMonitor.com at no charge.
Counsel for the Debtors:
Pardo Jackson Gainsburg & Shelowitz, PL
Linda Worton Jackson, Esq.
Linsey M. Lovell, Esq.
100 Southeast 2nd Street, Suite 2050
Miami, Florida 33131
Telephone: (305) 358-1001
Facsimile: (305) 358-2001
Email: LJackson@pardojackson.com
LLovell@pardojackson.com
sramos@pardojackson.com
About BH Downtown Miami
BH Downtown Miami, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 24-23028) on Dec. 13,
2024. In its petition, the Debtor reported estimated assets between
$100 million and $500 million and estimated liabilities between $50
million and $100 million.
Judge Laurel M. Isicoff oversees the case.
The Debtor tapped Pardo Jackson Gainsburg & Shelowitz, PL as
counsel and Gould & Pakter Associates, LLC as financial expert.
BINGO HOLDINGS I: Fitch Alters Outlook on 'B+' IDR to Negative
--------------------------------------------------------------
Fitch Ratings has affirmed Bingo Holdings I, LLC's (also known as
PlayAGS, Inc. or AGS) Long-Term Issuer Default Rating (IDR) at
'B+'. Fitch has also affirmed AGS' senior secured debt at 'BB-'
with a Recovery Rating of 'RR3'. The Rating Outlook has been
revised to Negative from Stable.
The Outlook revision follows AGS' announced incremental $100
million fungible term loan B (TLB) to fund share redemption. Fitch
believes the transaction deviates from management's financial
policy, weakens AGS' credit profile within the context of the
current rating, and reduces flexibility within the current rating
to accommodate potential operating weakness. EBITDA leverage pro
forma for the transaction will increase to 5.0x.
The affirmation incorporates Fitch's expectation that EBITDA
leverage will improve to align with the current rating within the
next 12 months. Fitch could revise the Outlook to Stable if EBITDA
leverage progresses towards Fitch's sensitivity of 4.5x over the
medium term.
Key Rating Drivers
Higher than Expected Leverage: Pro forma Fitch-defined EBITDA
leverage will rise to 5.0x from about 4.5x at June 30, 2025 due to
a higher debt load, with leverage remaining higher than previously
expected through the forecast period. Fitch expects leverage to
remain stable through 2025 as casino operators navigate a complex
capital decision cycle with evolving tariff policies, a softer
macroeconomic environment, and some geopolitical tensions between
the U.S. and Canada. Subsequently, Fitch expects leverage to
sequentially moderate to around 4.5x in 2026 and approach 3.6x over
the outer years of the forecast horizon.
The transaction represents a deviation from management's targeted
leverage policy of 4.0x over the medium term, which does not
include an aggressive M&A strategy, with modest-sized tuck-in
acquisitions a possibility. Fitch does not anticipate any voluntary
debt repayments under the TLB as organic growth will materially
assist with the deleveraging trajectory, though a paydown of the
$10 million revolver balance is likely. Additionally, Fitch expects
EBITDA margins will expand slightly as the share of Gaming
Operations and Interactive businesses grows.
Small but Improving Market Share: AGS has improved its global slot
market share from low single digits in 2020 to mid-single digits
despite strong competition from larger suppliers. Fitch expects AGS
to drive continued growth through research and development (R&D)
investments in new game content across its electronic gaming
machines (EGM), table products, and interactive segments. This
strategy will enhance premium game mix and recurring revenue,
enabling AGS to optimize installed bases while increasing revenue
per day (RPD), ship share, and table product lease prices.
Growth among suppliers will likely soften over the near term as
catch-up demand in gross gaming revenue (GGR) eases, outright sales
and base installations normalize and pricing power tempers to some
extent. However, market share among participants can remain dynamic
depending on their expansion plans, as well as their ability to
maintain strong recent prices.
Concentrated Portfolio and End-Markets: AGS generates about 90% of
its revenue from the U.S., with Oklahoma accounting for under 20%,
down from about 30% in 2019. The tables and interactive businesses
have doubled their share over the past five years, though EGMs
still contribute about 90% of its sales. Fitch expects AGS to
leverage its substantial tribal (Class II) footprint by expanding
into premium and Class III cabinets, boosting its average RPD and
closing the gap with larger peers. The company has actively
diversified its installed base, with premium game mix growing from
1% to 21% over five years, supported by premium EGM unit growth.
Evolving Interactive Presence: AGS has pivoted from largely
unregulated social casino (68% of 2019 revenue) to real-money
gaming (RMG), which now contributes nearly all its segment sales
and has helped it take advantage of its omnichannel. Fitch believes
AGS will continue to leverage its portfolio of games and produce
content with strong theoretical win, expanding across more online
casino sites. This shift can improve GGR share in the North
American market to 8% from 4% in 2021 and support double digit
compound annual growth rate (CAGR) in revenue. Expansion into
interactive categories, including iLottery, would strengthen its
offering, brand strength and geographical reach.
Healthy FCF Margins: AGS' FCF margin in 2025 will not be materially
negatively affected by the proposed transaction as proceeds are
expected to be used for the redemption of common shares, rather
than a dividend to shareholders which Fitch includes in its
calculations. Consequently, Fitch expects FCF margin to remain in
the high single digits, relatively in line with the prior two
years. Excluding any future potential dividends, the FCF margin
will approach mid-teens over the rating horizon due to relatively
steady capex. AGS could use FCF towards bolt-on M&A and potential
shareholder returns.
Stable Management: Fitch views Brightstar's approach to portfolio
management. However, AGS' private equity ownership, whose financial
policy includes opportunistic dividend recapitalizations, albeit
infrequently, could have a negative impact on its credit profile.
AGS' existing management averages about 20 years of gaming industry
experience per executive, helping offset Brightstar's limited
expertise in this sector.
Peer Analysis
AGS is a small player in the slots supplier industry and competes
with the big three: Aristocrat Leisure Ltd. (ALL; BBB-/Positive),
Voyager Parent, LLC (BB/Stable), and Light & Wonder, Inc. (LNW;
BB/Stable). Its weaker market position in the segment, larger North
American market focus, higher product concentration and leverage
position it lower than peers.
Aristocrat Leisure Limited has a leading market position in the
slot segment, greater diversification and lower leverage (target
net leverage of 1.0x-2.0x). This positions it as a
low-investment-grade gaming supplier. In addition, it is a solid
digital offeror of mobile gaming, iLottery and real-money gaming,
consistently generating robust FCF margins.
Voyager Parent, LLC, recently formed by a combination of
International Gaming Technology plc's Gaming & Digital business
with Everi Holding Inc., is rated on par with LNW. The rating
reflects its top-three slot supplier status in North America,
FinTech diversification (15% of sales), moderate leverage of about
4.0x, though it lacks a formal financial policy, strong FCF margins
in the low to mid-single digits, and private equity ownership
(Apollo Global Management, Inc.).
LNW's rating reflects its top-three gaming supplier status,
conservative leverage profile (target net leverage in the 2.5x to
3.5x range), pro forma for the refinancing and the Grover Gaming
acquisition, and robust FCF margin. LNW is a somewhat diversified
gaming supplier with exposure to traditional gaming, including
charitable, iGaming, social casino and casual mobile gaming.
Key Assumptions
- Total Revenue in 2025 grows in low single digits but improves to
high single digits between 7%-9% thereafter;
- Segmentally, 2025 EGM sales remain relatively flat due to a high
single digit decline in equipment sales as casino operators take a
more measured approach towards slot purchases over the near term,
offset by a low single digit rise in Gaming Operations sales as
content offerings and premium cabinets proliferate further, along
with an improvement in RPD. Subsequently, equipment sales revert to
low double digits growth, supported by unit growth and stable to
marginally improving ASPs, with Gaming Operations sales continuing
to grow in low single digits;
- Table Products keep relative pace with the EGM segment rising in
single digits, with the pace of improvement across gaming
operations and equipment relatively in line with gaming machines as
AGS makes further inroads into progressives, shufflers, and premium
games;
- Interactive segment grows substantially at a CAGR of about 30%
over the rating period as AGS maintains its pivot towards B2B RMG
(from B2C social casino) due to its omni-channel advantage and
continues producing a diverse portfolio of games and offering them
at an increasing number of online casino sites;
- R&D spend remains largely in line with the historical trend of
12%-13% of revenue;
- EBITDA margin approaches 45.5% over the rating horizon, up from
about 43% in 2024, as the EGM's Gaming Operations and Interactive
businesses contribute healthier shares;
- Capex as a percentage of revenue is in the 15%-19% range as AGS
remains focused on manufacturing quality games;
- Total gross debt balance remains tied to the revolver and term
loan B (TLB), with a modest required annual amortization of 1%
under its TLB. Fitch assumes no voluntary debt paydown under the
TLB;
- Base interest rates assumptions reflect the current SOFR curve.
Recovery Analysis
The 'BB-'/'RR3' rating for AGS' senior secured debt is notched from
its 'B+' IDR based on a bespoke analysis. The recovery analysis
assumes AGS would be reorganized as a going-concern in bankruptcy
rather than liquidated. Fitch estimates an enterprise value (EV) on
a going-concern basis of $600 million. The EV assumption is based
on a post-reorganization EBITDA of about $120 million, a 5.0x
multiple and a deduction of 10% for administrative claims, all of
which are unchanged from its previous review.
Fitch projects a post-restructuring sustainable cash flow, which
assumes both depletion of the current position to reflect the
distress that can cause a default and a level of corrective action
Fitch assumes either would have occurred during restructuring or
would be priced into a purchase price by potential bidders. The
going-concern EBITDA estimate reflects Fitch's view of a
sustainable, post-reorganization EBITDA level upon which it bases
the EV.
AGS' going-concern EBITDA of about $120 million, takes into
consideration recessionary and inflationary pressures, the
inability to maintain or increase its market share, the potential
of concentrating only on its EGM segment and the possibility for
the company to take on unsustainable leverage to fund shareholder
dividends. This is around 30% below normalized EBITDA but reflects
a forward view that a restructuring would alleviate operating and
leverage pressures, and that the business would recover strongly
post reorganization.
The 5.0x EV multiple assumption is aligned with Fitch's 5.0x to
7.0x recovery multiples band for the U.S. gaming industry. It
incorporates AGS' weak position in the suppliers' market,
geographically concentrated position in North America and the
segment's high barriers to entry. In applying the distributable
proceeds, Fitch assumes $975 million of senior secured debt,
including a fully drawn $100 million revolving credit facility and
$875 million TLB, which includes the proposed $100 million
incremental debt raise.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- A change in financial policy with raised leverage targets and/or
an aggressive growth strategy pursuing debt-funded acquisitions or
shareholder returns without a reasonable de-levering path;
- EBITDA leverage sustaining above 4.5x;
- FCF primarily funding shareholder returns, as opposed to
reinvestment.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Growing slot share, particularly in North America;
- Diversification of EBITDA towards digital, while maintaining
steady operations in land-based gaming;
- EBITDA leverage sustaining below 4.0x.
Liquidity and Debt Structure
At June 30, 2025 when AGS was taken private, it had $55.7 million
in unrestricted cash and $90 million in availability under its $100
million senior secured revolving credit facility, maturing in 2030.
Once Brightstar's acquisition closes the proposed transaction to
raise an incremental $75 million under its term loan B, which
matures in 2032, AGS is expected to have $20 million in cash and
$90 million available under its revolver. This is in comparison to
a scheduled debt repayment of $8.75 million (or 1%) per annum under
the upsized $875 million pari passu term loan B.
FCF will remain positive over its forecast horizon, should
disbursements to the sponsor be managed appropriately, and FCF
margin is anticipated to be robust in the high single digits to mid
double digits range.
Issuer Profile
PlayAGS, Inc. (or AGS) is a leading designer and supplier of
diverse gaming products and services for the gaming industry. AGS
provides products and services in three distinct operating
segments: Electronic Gaming Machines, Table Products, and
Interactive.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
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
----------- ------ -------- -----
Bingo Holdings I, LLC LT IDR B+ Affirmed B+
senior secured LT BB- New Rating RR3
senior secured LT BB- Affirmed RR3 BB-
BOY SCOUTS: Insurers Move to Dismiss Sexual Abuse Coverage Lawsuit
------------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that dozens of
insurers are asking a Texas federal court to dismiss a lawsuit
filed by the Boy Scouts of America's settlement trust, which
accuses them of refusing to honor coverage for sexual abuse claims
and acting in bad faith.
The trustee alleges that the insurers have failed to pay under
policies meant to fund the multibillion-dollar settlement
compensating thousands of abuse survivors, according to the
report.
In a motion filed Thursday, October 2, 2025, a group of insurers
tied to Allianz SE urged the U.S. District Court for the Northern
District of Texas to either dismiss or stay the case, arguing it
was brought in the wrong venue. The Allianz-affiliated insurers
maintain that the dispute belongs in another jurisdiction and that
the current court lacks proper authority to hear the matter, the
report states.
Separately, insurers including Great American Assurance Co. and
Continental Insurance Co. filed their own motions seeking
dismissal, citing lack of personal jurisdiction and failure to
state a claim. They contend that the trustee's allegations fall
short of the legal requirements needed to hold them responsible for
payments under the contested insurance policies, the report
relays.
About Boy Scouts of America
The Boy Scouts of America -- https://www.scouting.org/ -- is a
federally chartered non-profit corporation under title 36 of the
United States Code. Founded in 1910 and chartered by an act of
Congress in 1916, the BSA's mission is to train youth in
responsible citizenship, character development, and self-reliance
through participation in a wide range of outdoor activities,
educational programs, and, at older age levels, career-oriented
programs in partnership with community organizations. Its national
headquarters is located in Irving, Texas.
The Boy Scouts of America and affiliate Delaware BSA, LLC, sought
Chapter 11 protection (Bankr. D. Del. Lead Case No. 20-10343) on
Feb. 18, 2020, to deal with sexual abuse claims.
Boy Scouts of America was estimated to have $1 billion to $10
billion in assets and at least $500 million in liabilities as of
the bankruptcy filing.
The Debtors have tapped Sidley Austin LLP as their bankruptcy
counsel, Morris, Nichols, Arsht & Tunnell LLP as Delaware counsel,
and Alvarez & Marsal North America, LLC, as financial advisor. Omni
Agent Solutions is the claims agent.
The U.S. Trustee for Region 3 appointed a tort claimants' committee
and an unsecured creditors' committee on March 5, 2020. The tort
claimants' committee is represented by Pachulski Stang Ziehl &
Jones, LLP, while the unsecured creditors' committee is represented
by Kramer Levin Naftalis & Frankel, LLP.
The Debtors obtained confirmation of their Third Modified Fifth
Amended Chapter 11 Plan of Reorganization (with Technical
Modifications) on September 8, 2022. The Order was affirmed on
March 28, 2023. The Plan was declared effective on April 19, 2023.
The Hon. Barbara J. House (Ret.) has been appointed as trustee of
the BSA Settlement Trust.
BRAND INDUSTRIAL: BlackRock FRA Marks $3.5MM Loan at 17% Off
------------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $3,552,069 loan extended to Brand Industrial Services,
Inc to market at $2,959,069 or 83% of the outstanding amount, as of
June 30, 2025, according to a disclosure contained in BlackRock
FRA's Form N-CSR for the Fiscal year ended June 30, 2025, filed
with the Securities and Exchange Commission.
BlackRock FRA is a participant in a 2024 Term Loan to Brand
Industrial Services, Inc. The loan accrues interest at a rate of
8.78% (3-mo. CME Term SOFR at 0.50% floor+ 4.50%) per annum. The
loan matures on August 1, 2030.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
Headquartered in Kennesaw, GA, Brand Industrial Services, Inc. is
the largest provider of scaffolding, insulation, coatings and other
industrial services within the following market segments in North
America: upstream, midstream, and downstream oil & gas, power
generation, industrial and infrastructure. The company is majority
owned by Clayton, Dubilier & Rice and Brookfield Business Partners.
BROADBAND TELECOM: Files Emergency Bid to Use Cash Collateral
-------------------------------------------------------------
Broadband Telecom, Inc. and affiliates ask the U.S. Bankruptcy
Court for the Eastern District of New York for authority to use
cash collateral and provide adequate protection.
The Debtors, comprised of two operational groups -- the BB Debtors,
which include Broadband Telecom, Bridgevoice, BB Capital SPV, and
BB Servicer, and the Carriox Debtors, including Carriox Telecap,
Carriox Towercap, and Carriox Capital -- provide voice termination
services and factoring services in the telecommunications sector.
The BB Debtors operate a wholesale VOIP trading business where call
traffic is routed through their networks to global
telecommunications providers, generating receivables that are
purchased by BB Capital to provide liquidity. The Carriox Debtors
operate a similar model focused on the purchase of receivables from
wholesale VOIP and infrastructure clients, which are then sold to
Carriox Capital. Both groups are closely integrated, sharing
corporate ownership and financing arrangements.
In August 2024, the Debtors and their affiliates entered into a
Credit Agreement with several secured lenders, under which BB
Capital and Carriox Capital are borrowers, the operating companies
are guarantors, and Alter Domus LLC serves as agent. The agreement
is secured by substantially all assets of the Debtors. Following
financial distress and alleged defaults, the agent and lenders
issued acceleration notices in July 2025 and initiated litigation
in the Delaware Chancery Court, leading to a restraining order that
significantly restricted the Debtors' ability to operate, including
purchasing receivables or transferring assets. These restrictions
prompted the Debtors' Chapter 11 filings on August 12, 2025.
In response to concerns raised by the lenders and to avoid the
appointment of a Chapter 11 trustee, the Debtors negotiated a
Corporate Governance Stipulation. This agreement provided for the
appointment of an independent director (Robert Warshauer) and the
retention of a Chief Restructuring Officer (John Baumgartner) to
oversee the cases. The bankruptcy court approved these appointments
on September 17.
The Debtors request authority to use the lenders' cash collateral,
asserting that the ability to do so is critical to maintaining
operations, preserving relationships with customers and vendors,
and funding payroll and other administrative costs. The Debtors
propose to use the cash collateral in accordance with a negotiated
budget, subject to ongoing consent by the agent and lenders.
In exchange, the Debtors offer adequate protection to the secured
parties in the form of replacement liens, superpriority
administrative expense claims, and the preservation of collateral
value through continued business operations.
About Broadband Telecom Inc.
Broadband Telecom Inc., part of the Bankai Group, provides
international wholesale telecommunications services including voice
over internet protocol and messaging solutions to telecom
operators, carriers, communication service providers, enterprises,
and retailers. The Company operates from its headquarters in Garden
City, New York, and serves clients globally with scalable
communications infrastructure.
Broadband Telecom Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-73095) on August 12,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $50
million and $100 million.
Honorable Bankruptcy Judge Alan S. Trust handles the case.
The Debtor is represented by Tracy L. Klestadt, Esq. at KLESTADT
WINTERS JURELLER SOUTHARD & STEVENS, LLP.
BROADWAY REALTY: Plan Exclusivity Period Extended to December 15
----------------------------------------------------------------
Judge David S. Jones of the U.S. Bankruptcy Court for the Southern
District of New York extended Broadway Realty I Co., LLC and its
debtor affiliates' exclusive periods to file a plan of
reorganization and obtain acceptance thereof to December 15, 2025
and February 17, 2026, respectively.
As shared by Troubled Company Reporter, the Debtors explain that
they negotiated for the consensual use of cash collateral to fund a
robust and comprehensive sale and refinancing marketing process to
maximize value for the estates and their creditors. The terms of
the final cash collateral agreement between the Debtors and
Flagstar are set forth in the proposed final cash collateral order
(the "Final Cash Collateral Order"), which authorizes the Debtors
to use cash collateral through and including February 17, 2026. The
extensions requested by this Motion are consistent with the
milestones in the Final Cash Collateral Order.
The Debtors claim that now that a longer-term consensual
arrangement with their secured lender has been obtained, the
companies can shift their focus to the sale and refinancing
marketing process to maximize value for the estates and their
stakeholders and move forward with pursing confirmation of one or
more chapter 11 plans. The Debtors should be afforded the
additional time that is necessary to conduct the sale and
refinancing marketing process and seek to achieve these goals.
The Debtors assert that as explained in the First Day Declaration,
their business and capital structure, together with their parent
company and its other non-Debtor subsidiaries, is complex. Each
Debtor is individually party to consolidated mortgage agreements
with Flagstar, with the Debtors' aggregate indebtedness as of the
Petition Date totaling approximately $564 million. Accordingly, the
Debtors are part of a large, complex corporate enterprise.
Proposed Attorneys for the Debtors:
Gary T. Holtzer, Esq.
Garrett A. Fail, Esq.
Matthew P. Goren, Esq.
Philip L. DiDonato, Esq.
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
Tel: (212) 310-8000
Fax: (212) 310-8007
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
BUBBLY PAWS: Mary Sieling Named Subchapter V Trustee
----------------------------------------------------
The Acting U.S. Trustee for Region 12 appointed Mary Sieling as
Subchapter V trustee for Bubbly Paws, LLC.
Ms. Sieling will be paid an hourly fee of $330 for her services as
Subchapter V trustee and an hourly fee of $200 for paralegal time.
In addition, the Subchapter V trustee will receive reimbursement
for work-related expenses incurred.
Ms. Sieling declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Mary F. Sieling
150 South Fifth Street, Suite 3125
Minneapolis, MN 55402
Email: mary@mantylaw.com
About Bubbly Paws LLC
Bubbly Paws, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Minn. Case No. 25-43137) on September
24, 2025, with $50,001 to $100,000 in assets and $500,001 to $1
million in liabilities.
Judge Mychal A. Bruggeman presides over the case.
CANYON CREEK: Seeks to Extend Plan Exclusivity to November 25
-------------------------------------------------------------
Canyon Creek Villas, LLC asked the U.S. Bankruptcy Court for the
District of Colorado to extend its exclusivity periods to file a
plan of reorganization to November 25, 2025.
The Debtor is a real estate development company and owns real
property in Boulder, Colorado. The Debtor is a Single Asset Real
Estate ("SARE") Debtor undersection 101(51B) of the Bankruptcy
Code.
The Debtor explains that as put forth in the First Extension
Motion, it had a pending annexation amendment request before the
City of Boulder, to reduce the number of affordable housing units
Debtor is required to build, resulting in financial feasibility of
the intended project.
As a consequence, the Debtor is now able to and has been in
negotiations for financing sufficient to complete the project.
Debtor anticipates an agreement within two weeks of this filing
which will be incorporated in and become a basis for its plan of
reorganization.
The Debtor asserts that it can file a plan of reorganization that
has a reasonable possibility of being confirmed within a reasonable
time in accordance with Section 362(d)(3)(A) and cause exists for
the Court to enlarge the 90-day period as the events requiring the
extension are due circumstances outside of the Debtor's control,
namely the delays due to the City of Boulder's approval process.
The Debtor submits this Motion over a month before the 90-day
period to provide adequate time for the order to enter before the
90-day period expires. Out of an abundance of caution, the Debtor
is contemporaneously filing a Motion for Entry of an Interim Order
as well.
Therefore, the Debtor requests an extension of the exclusive period
for an additional 60 days from the date of the Debtor's current
exclusive period, through and including November 25, 2025, as well
as an extension of the 180-day period to solicit acceptances of
their initial Plans of Reorganization for an additional 60 days.
Canyon Creek Villas, LLC is represented by:
Jeffrey A. Weinman, Esq.
Katharine S. Sender, Esq.
Allen Vellone Wolf Helfrich & Factor P.C.
1600 Stout Street, Suite 1900
Denver, CO 80202
Tel: (303) 534-4499
Email: JWeinman@allen-vellone.com
KSender@allen-vellone.com
About Canyon Creek Villas
Canyon Creek Villas LLC is a Colorado-based single asset real
estate company that owns and manages condominium units in Boulder.
Canyon Creek Villas LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Col. Case No. 25-11683) on March 28,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Bankruptcy Judge Kimberley H. Tyson handles the case.
The Debtor is represented by Jeffrey A. Weinman, Esq. at ALLEN
VELLONE WOLF HELFRICH & FACTOR, P.C.
CENTRAL PARENT: BlackRock FRA Marks $2.8MM Loan at 17% Off
----------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $2,826,000 loan extended to Naked Juice LLC to market at
$2,352,960 or 83% of the outstanding amount, as of June 30, 2025,
according to a disclosure contained in BlackRock FRA's Form N-CSR
for the Fiscal year ended June 30, 2025, filed with the Securities
and Exchange Commission.
BlackRock FRA is a participant in a 2025 FLSO Term Loan to Naked
Juice LLC. The loan accrues interest at a rate of 7.55% (3-mo. CME
Term SOFR at 0.00% floor+ 3.25%) per annum. The loan matures on
JuLy 6, 2029.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Central Parent LLC of Delaware provides software solutions. The
Company serves customers in the United States.
CENTURY DESIGN: Jean Goddard of NGS LLP Named Subchapter V Trustee
------------------------------------------------------------------
The Acting U.S. Trustee for Region 15 appointed Jeanne Goddard, a
certified public accountant at NGS, LLP, as Subchapter V trustee
for Century Design Inc.
Ms. Goddard will be paid an hourly fee of $275 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Goddard declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jeanne Goddard, CPA, CFE, CIRA
NGS, LLP
6120 Paseo Del Norte Suite A-1
Carlsbad, CA 92011
Phone: (760) 930-0282
Email: jgoddard@NGSLLP.com
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 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.
Law Offices of Michael Jay Berger
9454 Wilshire Boulevard, 6th Floor
Beverly Hills, CA 90212-2929
Phone: 310.271.6223
Fax: 310.271.9805
michael.berger@bankruptcypower.com
CHANDON LTD: Amends Internal Revenue Service Claims Pay Details
---------------------------------------------------------------
Chandon Ltd d/b/a Ohana Salon submitted an Amended Subchapter V
Plan of Reorganization dated September 25, 2025.
The Debtor is seeking to:
* Pay its Secured Creditor, BayFirst National Bank, in full
for its Allowed Secured Claim determined under Section 506 of the
Bankruptcy Code.
* Pay all Administrative Creditors in full;
* Pay all Priority Creditors in full; and
* Pay the remaining balance of Plan payments to the Class Four
General Unsecured Creditors, to be divided pro rata.
The treatment of Claims and Interests in the Plan is in full and
complete satisfaction of the legal, contractual, and equitable
rights (including any liens) that each entity holding an Allowed
Claim or an Allowed Interest may have in or against the Debtor, the
Estates, or their respective property. This treatment supersedes
and replaces any agreements or rights those entities may have in or
against the Debtor, the Estate, or their respective property.
Class Two shall consist of the Allowed Secured Tax Claim of the
Internal Revenue Service. The Internal Revenue Service shall be
paid in the amount of $19,582.70 at 7% interest. Class Two is
Impaired.
Class Three shall consist of the Allowed Priority Tax Claim of the
Internal Revenue Service. The Internal Revenue Service shall be
paid in the amount of $44,042.33 at 7% interest. Class Three is
Impaired.
Class Four shall consist of all Allowed General Unsecured Claims.
Class Four will be paid the balance under the Plan, pro rata. Class
Four is Impaired.
Plan Payments
Months 1 to 6. The Debtor shall pay $1,373.02 per month, to be
distributed as follows: BayFirst National Bank: $224.02; and
Internal Revenue Service (Allowed Secured Claim): $1,149.00.
Months 7 to 12. The Debtor shall pay $1,122.02 per month, to be
distributed as follows: BayFirst National Bank: $224.02; and
Internal Revenue Service (Allowed Secured Claim): $898.00.
Months 13 to 19. The Debtor shall pay $1,324.02 per month, to be
distributed as follows: BayFirst National Bank: $224.02; and
Internal Revenue Service (Allowed Secured Claim): $1,100.00.
Month 20. The Debtor shall pay $1,324.25 per month, to be
distributed as follows: BayFirst National Bank: $224.02; Internal
Revenue Service (Allowed Secured Claim): $822.23; and Internal
Revenue Service (Allowed Priority Claim): $278.00.
Months 21 to 24. The Debtor shall pay $1,324.02 per month, to be
distributed as follows: BayFirst National Bank: $224.02; and
Internal Revenue Service (Allowed Priority Claim): $1,100.00.
Months 25 to 33. The Debtor shall pay $2,527.02 per month, to be
distributed as follows: BayFirst National Bank: $224.02; and
Internal Revenue Service (Allowed Priority Claim): $2,303.00.
Months 34 to 36. The Debtor shall pay $3,152.02 per month, to be
distributed as follows: BayFirst National Bank: $224.02; and
Internal Revenue Service (Allowed Priority Claim): $2,928.00.
Months 37 to 40. The Debtor shall pay $3,282.02 per month, to be
distributed as follows: BayFirst National Bank: $224.02; and
Internal Revenue Service (Allowed Priority Claim): $3,058.00.
Month 41. The Debtor shall pay $3,281.99 per month, to be
distributed as follows: BayFirst National Bank: $224.02; Internal
Revenue Service (Allowed Priority Claim): $635.97; and General
Unsecured Creditors, pro rata: $2,422.00.
Month 42. The Debtor shall pay $3,282.02 per month, to be
distributed as follows: BayFirst National Bank: $224.02; and
General Unsecured Creditors, pro rata: $3,058.00.
Months 43 to 48. The Debtor shall pay $3,031.02 per month, to be
distributed as follows: BayFirst National Bank: $224.02; and
General Unsecured Creditors, pro rata: $2,807.00.
Months 49 to 60. The Debtor shall pay $3,292.02 per month, to be
distributed as follows: BayFirst National Bank: $224.02; and
General Unsecured Creditors, pro rata: $3,068.00.
A full-text copy of the Amended Plan dated September 25, 2025 is
available at https://urlcurt.com/u?l=cQIo8x from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Ronald J. Ellet, Esq.
Ellett Law Offices, PC
299 North 44th Street, Suite 330
Phoenix, AZ 85018
Tel: (602) 235-9510
Fax: (602) 235-9098
Email: rjellett@ellettlaw.com
About Chandon Ltd d/b/a Ohana Salon
Chandon Ltd. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-04091) on May 7, 2025
listing up to $50,000 in assets and between $500,001 and $1million
in liabilities.
Judge Madeleine C. Wanslee presides over the case.
Ronald J. Ellett, Esq., at Ellett Law Offices, P.C. represents the
Debtor as bankruptcy counsel.
CIS INTERNATIONAL: Section 341(a) Meeting of Creditors on October 6
-------------------------------------------------------------------
On September 22, 2025, CIS International Holdings (N.A.)
Corporation filed Chapter 11 protection in the Central District of
California. According to court filing, the Debtor reports
between $1 million and $10 million in debt owed to 1 and 49
creditors. The petition states funds will be available to unsecured
creditors.
A meeting of creditors under Section 341(a) to be held on October
6, 2025 at 01:30 PM at UST-LA2, TELEPHONIC MEETING. CONFERENCE
LINE:1-888-330-1716, PARTICIPANT CODE:8009991.
About CIS International Holdings (N.A.) Corporation
CIS International Holdings (N.A.) Corporation, doing business as
DBA E Tropical Fish, imports, breeds, and distributes ornamental
fish, aquatic plants, live rock, and aquarium accessories. The
Company sources livestock and products from regions including Sri
Lanka, Thailand, Maldives, Fiji, Australia, China, and the United
Kingdom, and supplies customers across the United States as well as
in Canada and Mexico. Founded in 1999, it is based in Gardena,
California.
CIS International Holdings (N.A.) Corporation sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No.
25-18374 on September 22, 2025. In its petition, the Debtor reports
estimated estimated assets and liabilities between $1 million and
$10 million each.
The Debtor is represented by Byron Z. Moldo, Esq. and Chase A.
Stone, Esq. of ERVIN COHEN & JESSUP LLP.
CITY MASSAGE: Gets Interim OK to Use Cash Collateral Until Oct. 31
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Florida
granted City Massage, LLC interim authority to use cash collateral
until October 31.
The interim order authorized the Debtor to use funds for operating
expenses such as employee wages, payroll taxes and workers
compensation insurance, and for monthly payments of $580 to TD Bank
as adequate protection.
The remaining funds will stay in City Massage's
debtor-in-possession account, subject to TD Bank's lien.
The interim order also approved the Debtor's budget, with any
line-item exceeding 10% requiring TD Bank's consent or expedited
court relief.
Adequate protection will be provided to TD Bank through the $580
monthly payment, insurance, tax payments, and a post-petition lien
on remaining cash, junior to court and professional fees.
A final hearing is scheduled for October 21.
The Debtor employs two W-2 staff members and contracts with 19
independent service providers to deliver luxury spa treatments such
as massages and facials. Its ability to continue operating hinges
on its access to funds to pay expenses.
The Debtor obtained a secured loan from TD Bank in February 2020,
which is backed by a UCC financing statement covering the Debtor's
inventory, equipment, accounts, deposit accounts, and other payment
rights.
While the Debtor has other financial obligations, including an SBA
loan and merchant cash advances, TD Bank is the only confirmed
secured creditor. Other UCC filings exist but their true secured
parties are unclear and the Debtor denies having any agreements
with the entities such as Corporation Service Company or Financial
Agent Services.
About City Massage
City Massage, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-20791) on
September 16, 2025, listing up to $50,000 in assets and between
$500,001 and $1 million in liabilities.
Judge Corali Lopez-Castro presides over the case.
Tamara D. McKeown, Esq., represents the Debtor as legal counsel.
CIUDAD DEPORTIVA: Section 341(a) Meeting of Creditors on October 29
-------------------------------------------------------------------
On September 27, 2025, Ciudad Deportiva Roberto Clemente Inc. filed
Chapter 11 protection in the District of Puerto Rico. 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 10:00 AM via Telephonic Conference.
About Ciudad Deportiva Roberto Clemente Inc.
Ciudad Deportiva Roberto Clemente Inc. operates in the sports and
recreation industry from its base in Carolina, Puerto Rico, where
it was established to develop and manage athletic and educational
facilities for youth and the community. The nonprofit entity was
created to oversee a large-scale sports complex known as Sports
City, intended to provide baseball fields, courts, swimming pools,
and training areas. It reports business activity under the
classification of "Other Amusement and Recreation Industries" and
maintains limited operations tied to sports, education, and
recreational services.
Ciudad Deportiva Roberto Clemente Inc. sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. D.P.R. Case No. 25-04345) on
September 27, 2025. In its petition, the Debtor reports estimated
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Bankruptcy Judge Enrique S. Lamoutte Inclan handles the
case.
The Debtor is represented by Hector Eduardo Pedrosa Luna, Esq. of
THE LAW OFFICES OF HECTOR EDUARDO PEDROSA LUNA.
CLB TRUCKING: Gets Court OK to Use Cash Collateral
--------------------------------------------------
The U.S. Bankruptcy Court for the Western District of Pennsylvania
authorized CLB Trucking, Inc. to use its cash collateral.
The Debtor's cash collateral includes all funds currently in
checking accounts, petty cash, equipment, inventory, general
intangibles, and any future funds generated from its operations. It
needs to use this cash collateral to fund operations and preserve
the business as a going concern.
The Debtor's liabilities consist primarily of equipment leases and
unsecured debts. As part of its reorganization efforts, the Debtor
needs access to its incoming and existing cash flows, which are
currently subject to liens by secured creditors.
Samson MCA, LLC and BMO Bank, N.A. are the creditors asserting
liens on the Debtor's assets, including cash. Samson MCA holds a
first priority lien while BMO Bank holds a second priority lien.
These liens cover vehicles, attachments, and all cash and non-cash
proceeds.
BMO Bank is represented by:
Robert J. Tritschler, Esq.
Reed Smith, LLP
Reed Smith Centre
225 Fifth Avenue
Pittsburgh, PA 15222-2716
Phone: +1 412 288 3131
Fax: +1 412 288 3063
rtritschler@reedsmith.com
About CLB Trucking Inc.
CLB Trucking, Inc., based in Greensburg, Pennsylvania, provides
interstate trucking services specializing in the transport of
metals, coal, asphalt, and dry bulk commodities. The Company
operates a fleet of trucks and trailers to serve industrial clients
in the region and beyond.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-22144) on August 15,
2025. In the petition signed by Traci L. Peters, owner, the Debtor
disclosed up to $500,000 in assets and up to $10 million in
liabilities.
Brian C. Thompson, Esq., at Thompson Law Group, P.C., represents
the Debtor as bankruptcy counsel.
CLESMA INC: Frances Smith Named Subchapter V Trustee
----------------------------------------------------
The U.S. Trustee for Region 6 appointed Frances Smith, Esq., at
Ross, Smith & Binford, PC, as Subchapter V trustee for CLESMA Inc.
Ms. Smith will be paid an hourly fee of $475 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Smith declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Frances A. Smith, Esq.
Ross, Smith & Binford, PC
700 N. Pearl Street, Ste. 1610
Dallas, TX 75201
Phone: 214-593-4976
Fax: 214-377-9409
Email: frances.smith@rsbfirm.com
About Clesma Inc.
Clesma Inc. filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. E.D. Texas Case No. 25-42744) on September
18, 2025, listing up to $100,000 in assets and up to $1 million in
liabilities. Carlos Arce, president of Clesma, signed the
petition.
Robert C. Lane, Esq., at The Lane Law Firm, represents the Debtor
as bankruptcy counsel.
COBRA ENERGY: Scott Seidel Named Subchapter V Trustee
-----------------------------------------------------
The U.S. Trustee for Region 6 appointed Scott Seidel as Subchapter
V trustee for Cobra Energy Services, LLC.
Mr. Seidel will be paid an hourly fee of $520 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Seidel declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Scott Seidel
6505 West Park Blvd., Suite 306
Plano, TX 75093
214-234-2500-main
214-234-2503-direct
Email: scott@scottseidel.com
About Cobra Energy Services
Cobra Energy Services, LLC sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Texas Case No. 25-50257) on
September 22, 2025, listing up to $50,000 in assets and between
$100,001 and $500,000 in liabilities.
Judge Brad W. Odell presides over the case.
COMMSCOPE HOLDING: Updates Award Certificate for SVP Stock Options
------------------------------------------------------------------
CommScope Holding Company, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that the
Compensation Committee of the Company's Board of Directors amended
the Award Certificate relating to 32,050 non-qualified stock
options held by Koen ter Linde, its Senior Vice President and
President, CCS.
As previously reported on a Form 8-K filed with the Commission on
August 7, 2025, the Company and Amphenol Corporation, a Delaware
corporation, have entered into a Purchase Agreement, pursuant to
which Amphenol has agreed to purchase, and the Company has agreed
to sell, the Company's Connectivity and Cable Solutions reporting
segment.
Pursuant to the terms of the amendment, if Mr. ter Linde's
employment is terminated resulting from the successful closing of
the Transaction and while his options remain outstanding, then
instead of lapsing three months following such termination, his
options instead will lapse on the earliest to occur of the
expiration date of the options and one year after the date of such
qualifying termination. Mr. ter Linde's options were granted in
May of 2019, have an exercise price equal to $18.60 per share, and
are fully vested. No other provisions of the Award Certificate
were changed.
About CommScope Holding
Headquartered in Hickory, North Carolina, CommScope Holding
Company, Inc. -- https://www.commscope.com -- is a global provider
of infrastructure solutions for communication, data center, and
entertainment networks. The Company's solutions for wired and
wireless networks enable service providers, including cable,
telephone, and digital broadcast satellite operators, as well as
media programmers, to deliver media, voice, Internet Protocol (IP)
data services, and Wi-Fi to their subscribers. This allows
enterprises to experience constant wireless and wired connectivity
across complex and varied networking environments.
As of March 31, 2025, CommScope Holding Company had $7.5 billion in
total assets, $8.8 billion in total liabilities, $1.2 billion in
Series A convertible preferred stock and total stockholders'
deficit of $2.5 billion.
* * *
S&P Global Ratings placed its 'CCC+' issuer credit rating on
network connectivity provider CommScope Holdings Co. Inc. on
CreditWatch with positive implications., as reported by the TCR on
Aug. 07, 2025. S&P said, "We will resolve the CreditWatch placement
after we collect the necessary information about CommScope's new
capital structure, operating strategy, financial outlook, and
financial policy, potentially upgrading the issuer credit rating by
more than one notch."
In March 2025, Moody's Ratings upgraded CommScope Holding Company,
Inc.'s ratings including the corporate family rating to Caa1 from
Caa2 and the probability of default rating to Caa1-PD from Caa3-PD.
CommScope's speculative grade liquidity (SGL) rating was upgraded
to SGL-3 from SGL-4. The new backed senior secured term loan and
backed senior secured notes issued in December 2024 at CommScope's
subsidiary, CommScope, LLC. were assigned a B3 rating and the
existing secured notes were confirmed at B3. The existing senior
unsecured notes at CommScope, LLC and CommScope Technologies LLC
were upgraded to Caa3 from Ca. The B3 rating on the backed senior
secured term loan due 2026 was withdrawn. The outlook is stable,
previously the ratings were on review for upgrade. These actions
conclude the review for upgrade that was initiated on January 8,
2025.
The ratings upgrade reflects the refinancing of debt due in 2025
and 2026 with a combination of about $2.1 billion in assets sale
proceeds and $4.15 billion in new secured debt as well as Moody's
expectations for a significant improvement in operating performance
that will lead to a reduction in leverage levels well below 9x in
2025. The ratings are constrained by the existing high pro forma
leverage (over 10x as of Q4 2024, including Moody's standard lease
adjustments) and the significant amount of debt due in 2027 ($1.6
billion as of Q4 2024).
COMPLETELY CONCRETE: Section 341(a) Meeting of Creditors on Nov. 3
------------------------------------------------------------------
On October 1, 2025, Completely Concrete Structures Inc. filed
Chapter 11 protection in the Central District of California.
According to court filing, the Debtor reports between $10 million
and $50 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on November
3, 2025 at 01:30 PM at UST-LA2, TELEPHONIC MEETING. CONFERENCE
LINE:1-888-330-1716, PARTICIPANT CODE: 8009991.
About Completely Concrete Structures Inc.
Completely Concrete Structures Inc., based in Los Angeles,
California, provides structural concrete contracting services,
specializing in commercial, multi-family, and mixed-use
developments. The Company offers expertise in shoring,
superstructure construction, and value engineering.
Completely Concrete Structures Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-18746) on
October 1, 2025. In its petition, the Debtor reports estimated
assets between $500,000 and $1 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Neil W. Bason handles the case.
The Debtor is represented by Michael Jay Berger, Esq. of LAW
OFFICES OF MICHAEL JAY BERGER.
CREATIVE REALITIES: CFO David Ryan Mudd to Resign Oct. 10
---------------------------------------------------------
David Ryan Mudd disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that he informed the Company
that he is resigning as its Chief Financial Officer effective as of
October 10, 2025, to accept another CFO opportunity at a company
with annual revenues exceeding $2 billion.
Mr. Mudd's departure from the Company was not due to any
disagreement with respect to any matter relating to the Company's
operations, policies or practices or any issues regarding
accounting or other financial policies or practices.
The Company expects to appoint Richard Mills, Chief Executive
Officer of the Company, to serve as interim Chief Financial Officer
upon Mr. Mudd's departure pending the appointment of a permanent
replacement. The Company expects to announce a permanent
replacement Chief Financial Officer in the near future.
About Creative Realities
Headquartered in Louisville Ky., Creative Realities -- www.cri.com
-- designs, develops and deploys digital signage-based experiences
for enterprise-level networks utilizing its Clarity, ReflectView,
and iShowroom Content Management System (CMS) platforms. The
Company is actively providing recurring SaaS and support services
across diverse vertical markets, including but not limited to
retail, automotive, digital-out-of-home (DOOH) advertising
networks, convenience stores, foodservice/QSR, gaming, theater, and
stadium venues. In addition, the Company assists clients in
utilizing place-based digital media to achieve business objectives
such as increased revenue, enhanced customer experiences, and
improved productivity. This includes the design, deployment, and
day to day management of Retail Media Networks to monetize
on-premise foot traffic utilizing its AdLogic and AdLogic CPM+
programmatic advertising platforms.
The independent registered public accounting firm's report on the
Company's Consolidated Financial Statements for the fiscal year
ended Dec. 31, 2024, included a note stating that there is
significant uncertainty regarding the Company's ability to continue
as a going concern within one year from the date the Consolidated
Financial Statements are issued. Grant Thornton LLP, the Company's
auditor since 2014 and based in Cincinnati, Ohio, emphasized that
the Company is facing challenges in generating adequate cash flow
to meet its contingent consideration obligations, which raises
considerable doubt about its ability to remain a going concern.
Creative Realities incurred a net loss of $3.51 million for the
year ending Dec. 31, 2024, compared to a net loss of $2.94 million
for the year ending Dec. 31, 2023. As of Dec. 31, 2024, the
Company held total assets of $65.21 million, total liabilities of
$39.75 million and total shareholders' equity of $25.46 million.
CROSS FINANCIAL: Moody's Affirms 'B2' CFR, Outlook Stable
---------------------------------------------------------
Moody's Ratings has affirmed the B2 corporate family rating and
B2-PD probability of default rating of Cross Financial Corp. (Cross
Financial). Moody's also affirmed Cross Financial's senior secured
bank credit facilities at B2. The rating outlook for Cross
Financial is stable.
RATINGS RATIONALE
Cross Financial's ratings affirmation reflects the company's good
regional market presence in small and middle-market insurance
brokerage particularly in Maine, Massachusetts and New Hampshire.
The company has good diversification across clients, client
industries, producers and insurance carriers for property &
casualty (P&C) insurance and some employee benefits products. Cross
Financial also has a track record of healthy EBITDA margins and
cash flow generation. These strengths are offset by its relatively
high financial leverage, limited scale and geographic concentration
across its top three states of operation, exposing revenue and
earnings to fluctuations in economic and regulatory conditions in
the northeastern US. The company also faces potential liabilities
from errors and omissions, a risk inherent in professional
services.
Moody's expects Cross Financial will have a pro forma
debt-to-EBITDA ratio in the 4.5-5.5x range in the next 12-18
months, with (EBITDA - capex) interest coverage of 2.5x-3.5x and a
free-cash-flow-to-debt ratio in the mid-single digits. These
metrics incorporate Moody's accounting adjustments for operating
leases and run-rate earnings from acquisitions.
For the 12 months through June 2025, Cross Financial reported total
revenues of $316 million, up from $307 million in 2024, driven
mostly by organic growth. EBITDA margins remained strong in the
low-30s (per Moody's calculations) despite higher investments in
technology and staffing to support growth. Moody's expects organic
growth will continue in the mid-single digits through 2025 based on
strong business retention and new business generation, supplemented
by tuck-in acquisitions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade of Cross Financial's ratings
include: (i) increased scale and geographic diversification, (ii)
debt-to-EBITDA ratio below 4.5x, (iii) (EBITDA - capex) coverage of
interest exceeding 3.5x, and (iv) free-cash-flow-to-debt ratio
exceeding 7%.
Factors that could lead to a downgrade of Cross Financial's ratings
include: (i) revenue decline and/or disruptions to existing or
newly acquired operations, (ii) debt-to-EBITDA ratio above 5.5x,
(iii) (EBITDA - capex) coverage of interest below 2.5x, or (iv)
free-cash-flow-to-debt ratio below 4%.
The principal methodology used in these ratings was Insurance
Brokers and Service Companies published in February 2024.
Cross Financial's B2 corporate family rating is two notches below
the historical view of Ba3 reflecting the company's limited scale
in the insurance brokerage sector and high geographic
concentration.
Headquartered in Bangor, Maine, Cross Financial is a 100%
family-owned insurance broker founded in 1954 by the Cross family.
It provides a broad array of P&C, life and health, surety and
employee benefits products to small and mid-sized businesses and
high net worth individuals mainly across the New England region.
For the 12 months through June 2025, the company generated revenue
of $316 million and net income of $21 million.
CROSSKIX LLC: Cash Collateral Hearing Set for Oct. 14
-----------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division, is set to hold a hearing on October 14 to
consider another extension of Crosskix, LLC's authority to use cash
collateral.
The Debtor's authority to use cash collateral pursuant to the
court's second interim order expires on October 14.
The second interim order signed by Judge Lori Vaughan authorized
the Debtor to use cash collateral to pay the amounts expressly
authorized by the court; the expenses set forth in the budget, plus
an amount not to exceed 10% for each line item; and additional
amounts subject to approval by secured creditor JPMorgan Chase Bank
N.A.
As adequate protection, JP Morgan Chase Bank and other creditors
with security interest in the cash collateral were granted a
replacement lien on property acquired by the Debtor after its
bankruptcy filing. The replacement lien have the same validity,
priority and extent as the secured creditors' pre-bankruptcy lien.
As further protection, the Debtor was ordered to keep its property
insured in accordance with applicable loan and security
agreements.
About Crosskix LLC
Crosskix, LLC, an Ocoee, Florida-based company, sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-04309) on July 11, 2025. In its petition, the Debtor reported
estimated assets and liabilities between $100,000 and $500,000.
Honorable Bankruptcy Judge Lori V. Vaughan handles the case.
Daniel A. Velasquez, Esq., at Latham, Luna, Eden & Beaudine, LLP is
the Debtor's legal counsel.
JPMorgan Chase Bank N.A., as secured creditor, is represented by:
Ryan C. Reinert, Esq.
Bridget M. Dennis, Esq.
Shutts & Bowen, LLP
4301 W. Boy Scout Blvd., Suite 300
Tampa, FL 33607
Telephone: (813) 229-8900
rreinert@shutts.com
bdennis@shutts.com
CROUSE HEALTH: Fitch Lowers LongTerm IDR to 'B', Outlook Negative
-----------------------------------------------------------------
Fitch Ratings has downgraded the Long-Term Issuer Default Rating
(IDR) of Crouse Health System (CH) to 'B' from 'B+'. Fitch has also
downgraded the series 2024A and 2024B revenue bonds issued by the
Onondaga Civic Development Corporation on behalf of CH to 'B' from
'B+'.
At the same time, Fitch has removed the ratings from Rating Watch
Negative and assigned a Negative Outlook.
Entity/Debt Rating Prior
----------- ------ -----
Crouse Health System,
Inc. (NY) LT IDR B Downgrade B+
Crouse Health
System, Inc. (NY)
/General Revenues/1 LT LT B Downgrade B+
The downgrade of Crouse Health's IDR and revenue bond ratings
reflects persistent financial operating pressures through mid-2025.
Fitch expects these pressures to be partially offset by significant
proceeds from the sale of CH's laboratory division to LabCorp,
which is scheduled to close in 1Q'2026. CH disclosed details of the
sale to its laboratory division's employees and clients on Sept.
30, 2025.
The one-time cash infusion from the sale will temporarily
strengthen CH's balance sheet and improve its liquidity measures
including days cash on hand (DCOH). This will shore up its credit
quality, albeit at the new 'B' rating level. Despite the removal of
the rating from Rating Watch Negative, the system would need to
execute on its operational turnaround plan over the next 12-18
months to demonstrate to Fitch that its finances have stabilized.
CH's 'B' rating reflects continued operating pressures through July
2025 as well as uncertainty regarding the hospital's ability to
secure alternative state funding to replace reduced New York State
(NYS) Directed Payment Template (DPT) revenues. DPT formula changes
enacted by NYS in 2024 have pressured CH's cash flows and balance
sheet given the loss of $28 million in state enhanced Medicaid
funding versus 2023 levels. Management continues to work with the
state to secure new, grant-based funding sources.
Fiscal 2024 operations concluded with a $38 million operating loss
(-5.7% operating margin) and negative FCF of $10.6 million (a -2%
operating EBITDA margin) due to the loss of $28 million of DPT
revenues compared to 2023 with DPT moneys declining to $37 million
in 2024 (43%) from $65 million the year prior. CH breached its
1.25x debt service coverage (DSC) covenant in FY24 and hired
Premier Healthcare as an outside consultant to assist it in
returning to full compliance in 2025. CH had 36 DCOH at FYE 2024
(Dec. 31, 2024), barely meeting its liquidity covenant of
maintaining at least 30 DCOH.
Removal of the ratings from Rating Watch Negative reflects the
substantial short-term improvement to CH's liquidity metrics that
will be realized when the laboratory business sale closes in early
2026, which will lessen its immediate cash flow pressures. The
Negative Outlook reflects potential further weakening of CH's
operating and balance sheet metrics prior to the receipt of lab
sale proceeds if it is unable to control near-term expenditure
growth. The Negative Outlook also considers execution risks related
to CH's turnaround efforts and the uncertain timing of new state
grant moneys. CH's balance sheet-related ratios are weak, with
cash-to-debt of 32% at unaudited July 31, 2025. Financial metrics
could improve under Fitch's forward-looking scenario if management
can execute on the operating improvements identified by Premier
Healthcare and restore lost state funding, but they must act
quickly to stabilize CH's credit quality at the current rating
level.
SECURITY
Revenue bonds are supported by a revenue pledge and a debt service
reserve fund (DSRF). Crouse Health Hospital represents the
obligated group (OG). The OG represents about 95% of system assets
and 93% of system operating revenue.
KEY RATING DRIVERS
Revenue Defensibility - 'bb'
Local Competition with Somewhat Modest Payor Mix
CH's revenue defensibility is modest, given the high level of
competition in the local health care market and the system's payor
mix. Crouse is one of three health systems within its primary
service area (PSA), competing directly against SUNY Upstate and St.
Joseph's Health Hospital (a member of AA- rated Trinity Health).
SUNY Upstate is the market leader for total inpatient admissions,
with a 44% share in the PSA as of 1Q 2025, followed by CH with
30.6% and St. Joseph's with 25.4%.
Despite the high level of competition, CH maintains a clear market
lead for key service lines, including OB (61% as of 1Q 2025, with
St. Joseph's at 23%) and NICU (77%). CH operates the only perinatal
center for high-risk pregnancies in the central New York region,
encompassing 17 counties. CH is also the market leader for
substance abuse treatment, capturing a 50% share of the PSA.
CH lags the market in cardiac care, capturing only an 18% market
share and is nearly tied with SUNY Upstate with 19%. For cardiac
care, St. Joseph's is the regional market leader with a 63% market
share. In June 2024, CH applied to NYS for a certificate of need
(CON) approval to add an open-heart surgery program. Management
expects this new service line, if approved, to add significant cash
flows because the system currently refers out approximately 600
open heart surgeries per year.
CH is a safety net provider, and its payor mix is modestly weak
with combined Medicaid and self-pay accounting for about 20%-25% of
gross revenue (including 20% for FY 2025 YTD). Demographics in the
service area are reasonably stable. The PSA is Onondaga County, and
the secondary and tertiary service areas cover a broad section of
central upstate New York that reaches south to the Pennsylvania
border and north to the Canadian border. The median household
income level in the county is just below the national average, and
the unemployment rate is in line with the U.S. average.
Operating Risk - 'b'
2023 Operating Improvements Derailed by Subsequent DPT Funding
Loss
Fitch assesses CH's operating risk as very weak and believes it
could be pressured further depending on the DPT outcome. In
September 2024, the state notified CH about updates to the DPT
funding formula that reduced CH's program funding from $65 million
in state FY 2024 (NYS has a March 31 FYE) to about $37 million in
SFY 2025 (CH's FY2024). This $28 million reduction had a profound
effect on CH's cash flows, effectively eliminating FY 2024 FCF from
operations and resulting in a violation of its 1.25x DSC covenant.
CH is working with the state to identify remedies to offset the
lost DPT funding, such as NYS's new Safety Net Transformation
Program (SNTP). Management has applied to the program and believes
it could restore a large portion of the lost DPT funding. CH has
been in constant communication with the state regarding the status
of their SNTP application. Failure to restore the funding could
pressure the rating further.
Outside of the considerable revenue compression from the DPT
change, key utilization statistics for CH held up reasonably well
through 2Q FY 2025. Volume trends were positive in 2024 and through
the June 2025 interim period. 2024 discharges were up 5.2%,
observation stays up 8.5%, and inpatient surgeries up 8.25%
compared to 2023 levels. For the quarter ended June 30, 2025,
patient discharges were up 3.1% and observation stays were up by a
solid 15.6%, while inpatient surgeries fell by 1.7% compared to the
same period last year.
Prior to FY 2024, CH's operating margins had been modest. Between
FY 2019 and FY 2023 the operating margin averaged -3.1% and the
operating EBITDA margin averaged 1.3% (including -1.3% and 2.2%,
respectively, in FY 2023). Like the rest of the healthcare
industry, CH has contended with serious macro challenges related to
labor costs and other inflationary pressures.
If CH can replace the lost DPT funding, then operating margins
could show improvement over the medium term. A number of factors
could contribute to this, including: (a) The aforementioned open
heart surgery program, which would require limited capex and hiring
as CH already has cardiac physicians and surgeons on staff, (b)
financial benefits related to the 340b pharmacy program, which CH
rejoined in 2024, and (c) the Medicare wage index was adjusted for
the Central New York region effective January 2024; management
estimates this to be worth a net $28 million annually to CH over
the medium term. Plans for a new Micron chip manufacturing plant in
Clay, NY (north of downtown Syracuse) could also help drive future
population growth and patient volumes over time.
Management is working to implement core operating improvements,
some of which are being accelerated because of the DPT funding
loss. These include enhanced accounts receivable and revenue cycle
management, reducing denials, lowering length of stay, and
realizing savings from the 2024 debt refinancing. Management's
long-term goal is to generate sufficient operating margins without
DPT or SNTP funding.
For SFY2026, the state is holding CH's DPT funding allocation at
the same levels as in SFY2025 with a 5% rate increase (for CH's
2025 fiscal year). Management anticipates receiving about $42
million of DPT funds from NYS during its 2025 fiscal year - the
majority in 4Q 2025 - subject to realized patient volumes. In
December 2024, CH completed negotiations with a material commercial
payor, which are expected to net the hospital $10 million annually
in 2025, excluding $7.5 million of capital support payments.
CH's capital spending has been comparatively light in recent years,
in part to preserve the balance sheet during a period of negative
operating margins. The capital spending ratio averaged less than
40% of depreciation between FY 2020 and FY 2024, and the average
age of plant measured a high 19 years at FYE24. Nevertheless, CH
has invested sufficiently in facilities and technology to remain
competitive in its central New York home market. Routine capex is
targeted at about $9 million over the next five years, but annual
spending could exceed $30 million depending on external support.
Financial Profile - 'b'
Balance Sheet Metrics Remain Weak in FY2025 YTD, but Could Improve
if State Funding is Restored
CH's current balance sheet ratios are weak. However, metrics could
improve if DPT funding is restored or replaced close to prior
levels, or if the system is able to successfully execute on
operational efficiencies to restore positive cash flow and begin
rebuilding balance sheet metrics. Capital spending is largely
supported externally. It is common for NYS hospitals to hold modest
liquidity. In the absence of a DPT funding restoration or the
securing of a commensurately sized alternative state funding
source, Fitch believes CH's balance sheet will remain under
pressure and is likely to weaken further.
At FYE24, CH had about $66 million in unrestricted cash and
investments versus total adjusted debt measuring approximately $140
million. These numbers translated into a very low 35 DCOH and
cash-to-debt of 52%. Ratios continued to narrow at unaudited July
31, 2025, with 21 DCOH and 32% cash-to-debt. The weaker
cash-to-debt ratio factors in the auditor's decision to
recategorize CH's long-term debt as current liabilities in the FY
2024 audit due to the covenant breach. The expected receipt of
significant cash proceeds in connection with the sale of the
Laboratory Association of Central New York (LACNY, CH's lab
business) to LabCorp in 1Q 2026 will temporarily strengthen CH's
balance sheet and liquidity measures, but Fitch believes the cash
infusion mainly buys CH time to address its underlying pressures.
Management expects to meet its liquidity covenant, which requires a
minimum of 30 DCOH, at FYE 2025 despite ongoing fiscal pressures
and not including the LACNY sale proceeds from LabCorp, which won't
be received in full until March 2026. The system budgeted for
operating EBITDA of negative $15.1 million for FY 2025 factoring in
$16.6 million of non-cash depreciation expense. CH is working with
outside consultants to achieve $11.3 million in unbudgeted
efficiencies in 2025 for revenue cycle, work force, and clinical
operations.
Through the seven months ended July 31, 2025 unaudited, CH realized
a $18.9 million operating loss (operating margin of -4.7%) and
operating EBITDA of -$6.0 million (-1.5% operating EBITDA margin),
both of which represent very modest YOY improvements compared to FY
2024. CH had $40.4 million of unrestricted cash and investments on
hand as of July 31, 2025. Fitch will be closely monitoring
month-end cash balances.
CH's liquidity profile could improve over time if Crouse receives
sufficient SNTP make-up funding, secures an alternative funding
source to plug the gap created by 2024's DPT funding cut, or
achieves commensurate operating savings. Fitch's forward-looking
stress scenario applies operating and investment stresses. CH's
balance sheet would weaken rapidly under a stress case scenario,
although much depends on the extent to which DPT funding is
restored or replaced and operating efficiencies are achieved.
Otherwise, the balance sheet is likely to deteriorate further, even
under Fitch's base case, which assumes a stable near-term economic
environment.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Failure to prior restore DPT (or a comparable program) annual
funding levels;
- Failure to improve operating margins, particularly if operating
losses persist and the operating EBITDA margin remains below the
2%-4% range annually;
- Failure to sustain 24FYE balance sheet ratios, particularly if
cash-to-adjusted-debt were expected to remain below 30% in a
forward-looking stress case.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Revision of the Outlook to Stable is contingent on CH resolving
DPT funding issues and demonstrating improved operating margins and
cash balances as measured by DCOH above 40 days;
- Sustained improvement in operating margins, resulting in an
operating EBITDA margin at least in the 5% range;
- Improved balance sheet metrics, due either to stronger
operations, asset monetization or increased state funding,
particularly if cash-to-adjusted debt were expected to be sustained
close to, or above, 50%.
PROFILE
Crouse Health System is a 355-staffed-bed tertiary referral
hospital system based in Syracuse, NY. In addition to its main
hospital, the system owns and operates several outpatient and
ambulatory surgical clinics in Onondaga County, NY and operates the
largest neo-natal intensive care unit (NICU) in central New York.
The system has a teaching relationship and other affiliations with
SUNY Upstate and operates its own nursing school. CH recorded
operating revenues of $665 million in FY24 (Dec. 31 fiscal
year-end).
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.
DAVID RAMOS: Section 341(a) Meeting of Creditors on November 5
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On September 30, 2025, David Ramos Roofing & Remodeling Co. filed
Chapter 11 protection in the Southern District of Ohio. 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 November
5, 2025 at 01:00 PM. The meeting will be held telephonically.
Please dial 1-888-330-1716 and enter the code 3475860# to join.
About David Ramos Roofing & Remodeling Co.
David Ramos Roofing & Remodeling Co. provides residential and
commercial roofing, storm damage repairs, gutter installation, and
siding services across Central Ohio, including Columbus, Bexley,
Dublin, Gahanna, Hilliard, Westerville, and surrounding
communities. It serves homeowners and businesses seeking exterior
home improvement and roofing solutions.
David Ramos Roofing & Remodeling Co. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Ohio Case No. 25-54299) on
September 30, 2025. In its petition, the Debtor reports estimated
assets between $500,000 and $1 million and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Mina Nami Khorrami handles the case.
The Debtor is represented by David Whittaker, Esq. of ALLEN STOVALL
NEUMAN & ASHTON LLP.
DIAMOND K: To Sell Beverly Hills to Estelle Arlene Marco for $5.5MM
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Diamond K LLC seeks approval from the U.S. Bankruptcy Court for the
Eastern District of California, to sell Property, free and clear of
liens, claims, interests and encumbrances.
The Debtor wants to sell the residential property located at 623 N.
Rexford Dr., Beverly Hills, California, 90210.
The Property consists of land and a single-family home. The Debtor
has marketed the Property as a tear-down, with the value mainly in
the land. The proposed sale is an "all cash" sale to Estelle Arlene
Marco for $5,500,000 subject to one contingency.
The sale is supported by a sound business decision. A significant
component of the Debtor's strategy is to sell its residential real
property for the highest and best price.
The Sale Price of $5,500,000 will substantially pay down the
second-in-priority asserted secured claim.
The sale of the Property is free and clear of liens and is proper
with or without the consent of the parties asserting security
interests.
Kamaljit Kaur Kalkat is the sole member and manager of the Debtor.
The Debtor is primarily in the business of acquiring, improving,
and selling luxury residential properties in Southern California.
The Debtor owns one almond farm and three residential real
properties, including the Property.
Each property is subject to one or more asserted secured claims.
Certain of the creditors of the Debtor also assert claims against
Ms. Kalkat. Each property owned by the Debtor was subject to a
noticed foreclosure sale prior to the Petition Date.
The Debtor acquired the Property with the intent to improve and
sell it. The Debtor acquired the Property for $7,000,000. It was
the Debtor's first acquisition in Beverly Hills and the Debtor was
told there was a competing offer at $6,800,000. The Debtor made a
down payment of $200,000 and the balance of the $7,000,000 purchase
price was financed. Due to the Debtor's overall financial distress
and unfavorable conditions in the financial and real estate markets
following the Debtor's acquisition of the Property, the Debtor was
unable to finance the improvement of the Property and resell it for
a profit as originally planned.
Additionally, due to a lack of cash flow from the Property and the
Debtor's other properties, the Debtor was unable to service the
loans secured by such properties.
In an effort to mitigate potential losses, the Debtor shifted its
strategy away from improving the Property and instead attempted to
sell it as-is.
The first and second mortgage lienholders of the property are
Baroody Joseph Family Living Trust; Steven Kay Living Trust, Steven
Kay Trustee; Lisa G. Dungan Family Trust U/A, The Juliet Alcasid
Family Trust;
Igya Demirci; Andrew L. Jones Defined Benefit Plan; Andrew Louis
Jones, and Trustee of The Groundhog Trust.
The First Mortgage Beneficiaries will be paid in full the allowed
amount of their claim from the proposed sale of the Property. The
Debtor and the Second Mortgage Beneficiaries have, through their
respective counsel, been in communication concerning the marketing
of the Property and the proposed sale discussed.
The Debtor reserves any and all rights and objections with respect
to the allowance and amount of the claims asserted against the
Property.
About Diamond K LLC
Diamond K LLC and Kamaljit Kaur Kalkat filed their voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
E.D. Cal. Lead Case No. 24-25180) on Nov. 11, 2024, listing
$10,000,001 to $50 million in both assets and liabilities.
Judge Ronald H Sargis presides over the case.
Robert S. Marticello, Esq. at RAINES FELDMAN LITTRELL LLP
represents the Debtor as counsel.
DIOCESE OF BUFFALO: Submits Ch. 11 Reorg. Plan After Settling Suit
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Kayleigh Hunter-Gasperini of WIVB4 reports that the Diocese of
Buffalo has submitted a Chapter 11 reorganization plan that
incorporates a $150 million settlement to resolve more than 800
sexual abuse claims.
The plan also secures $123.9 million in contributions from major
insurers, including CNA, Wausau, and AIG, bringing the total fund
for survivors to $273.9 million, according to the report.
This latest filing builds on a previous agreement in which insurers
had pledged $122.5 million toward the settlement, the report
related. The diocese confirmed Wednesday that additional insurance
carriers are expected to contribute further, which could increase
the total amount available to survivors, according to WIVB4.
Alongside the bankruptcy proceedings, the diocese has been
undergoing significant restructuring, including the closure of
multiple parishes. Last year, church leaders announced that roughly
one-third of parishes across Western New York would be
consolidated, citing declining attendance and a shortage of
priests, the report states.
About The Diocese of Buffalo N.Y.
The Diocese of Buffalo, N.Y., is home to nearly 600,000 Catholics
in eight counties in Western New York. The territory of the diocese
is co-extensive with the counties of Erie, Niagara, Genesee,
Orleans, Chautauqua, Wyoming, Cattaraugus, and Allegany in New York
State, comprising 161 parishes. There are 144 diocesan priests and
84 religious priests who reside in the Diocese.
The diocese through its central administrative offices (a) provides
operational support to the Catholic parishes, schools, and certain
other Catholic entities that operate within the territory of the
Diocese "OCE"; (b) conducts school operations through which it
provides parish schools with financial and educational support; (c)
provides comprehensive risk management services to the OCEs; (d)
administers a lay pension trust and a priest pension trust for the
benefit of certain employees and priests of the OCEs; and (e)
provides administrative support for St. Joseph Investment Fund,
Inc.
Dealing with sexual abuse claims, the Diocese of Buffalo sought
Chapter 11 protection (Bankr. W.D.N.Y. Case No. 20-10322) on Feb.
28, 2020. The diocese was estimated to have $10 million to $50
million in assets and $50 million to $100 million in liabilities as
of the bankruptcy filing.
The Honorable Carl L. Bucki is the case judge.
The Debtor tapped Bond, Schoeneck & King, PLLC, led by Stephen A.
Donato, Esq., as counsel; Connors LLP and Lippes Mathias Wexler
Friedman LLP as special litigation counsel; Jones Day as special
corporate governance counsel; and Phoenix Management Services, LLC
as financial advisor. Stretto is the claims agent, maintaining the
page: https://case.stretto.com/dioceseofbuffalo/docket
The U.S. Trustee for Region 2 appointed a committee of unsecured
creditors on March 12, 2020. The committee tapped Pachulski Stang
Ziehl & Jones, LLP and Gleichenhaus, Marchese & Weishaar, PC as
bankruptcy counsel, and Burns Bair LLP as special insurance
counsel.
EAZY-PZ LLC: Court Denies Williams' Writ of Mandamus Petition
-------------------------------------------------------------
Judges Alan Lourie, Sharon Prost and Raymond Chen of the United
States Court of Appeals for the Federal Circuit denied the petition
filed by Ben Williams for a writ of mandamus seeking, inter alia,
to direct the United States District Court for the Western District
of Louisiana to vacate its order denying his motion for leave to
appear pro hac vice in Luv n' care Ltd. v. Laurain, No. 3:16-cv-777
(W.D. La.).
Luv n' care, Ltd. and Nouri E. Hakim oppose the petition.
In 2016, LNC brought that action against Eazy-PZ, LLC in the
Western District of Louisiana alleging unfair competition and
seeking a declaratory judgment that it did not infringe EZPZ's
design patent that had been prosecuted by Mr. Williams, then a
patent agent. EZPZ counterclaimed for infringement. In February
2025, following an eight-day bench trial during which Mr. Williams
testified, the district court found EZPZ's patent unenforceable
based in part on Mr. Williams's inequitable conduct. The court
subsequently entered a final judgment and issued orders denying
EZPZ's post-judgment motions.
In March 2025, following trial and the court's inequitable conduct
judgment, Mr. Williams moved to appear pro hac vice on behalf of
EZPZ. On March 21, 2025, the court denied that request, citing its
finding that Mr. Williams had engaged in inequitable conduct. Mr.
Williams moved for reconsideration, contending that denying his
motion without a hearing violated In re Evans, 524 F.2d 1004, 1008
(5th Cir. 1975). On May 22, 2025, the district court denied that
motion. Mr. Williams then filed this petition seeking a writ of
mandamus to, among other things, compel the district court to hold
a hearing on his motion.
The panel holds, "A writ of mandamus requires a petitioner to show
that he has a clear and indisputable right to relief, that he has
no other adequate avenue for relief, and that issuance of this
extraordinary relief is appropriate under the circumstances. Mr.
Williams has not satisfied that standard here. Mr. Williams has not
shown that an appeal following entry of final judgment would be an
inadequate alternative to challenge the denial of the motion for
leave to appear pro hac vice. Nor has Mr. Williams shown a clear
and indisputable right to his requested hearing. Mr. Williams's
other requests are on the merits of the underlying case. Since he
is not a party to those proceedings, we deny the petition in
full."
A copy of the Court's Order is available at
https://urlcurt.com/u?l=inzZzS from PacerMonitor.com.
About Eazy-PZ LLC
Eazy-PZ LLC designs and sells silicone mealtime products for
infants and toddlers, including plates, bowls, mats, and utensils.
The Company operates through online and retail channels from its
base in Parker, Colorado.
Eazy-PZ LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Col. Case No. 25-13720) on June 18, 2025. In its
petition, the Debtor reports total assets of $1,019,774 and total
liabilities of $3,881,257.
Honorable Bankruptcy Judge Thomas B. Mcnamara handles the case.
The Debtors are represented by Aaron J. Conrardy, Esq. at WADSWORTH
GARBER WARNER CONRARDY, P.C.
EAZY-PZ LLC: Seeks to Extend Plan Exclusivity to Jan. 14, 2026
--------------------------------------------------------------
Eazy-PZ LLC asked the U.S. Bankruptcy Court for the District of
Colorado to extend its exclusivity periods to file a plan of
reorganization and obtain acceptance thereof to January 14, 2026
and April 14, 2026, respectively.
The Debtor explains that cause exists to extend the exclusivity
periods in this case. The following is an analysis of the
applicable factors:
* The size and complexity of the case; and (b) the necessity
of sufficient time to prepare adequate information: While the case
is not unusually complex, resolving the issues relating to Luv n'
Care Ltd. and Nouri E. Hakim (together, "LNC") and the judgment
that entered against Debtor in the amount of approximately $2.9
million in the case styled Luv n' Care, Ltd. v. Laurain, et al.,
Case No. 16-cv-777 in the United States District Court for the
Western District of Louisiana (the "Judgment" and "Louisiana Case",
respectively) are of critical importance.
* The existence of good faith progress toward reorganization;
(e) whether the debtor has demonstrated reasonable prospects for
filing a viable plan; and (f) whether the debtor has made progress
in negotiations with its creditors: Debtor has made good faith
progress toward seeking confirmation of a plan of reorganization.
The Debtor has demonstrated reasonable prospects for filing a
viable plan as demonstrated, described progress in the case,
ongoing operations, and approximately $262,000 in its bank account
as August 31, 2025.
* Whether the debtor is paying its bills as they come due:
Debtor has been paying its bills as they come due as shown by its
most recent Monthly Operating Reports.
* The amount of time which has elapsed in the case: This is
Debtor’s first request for an extension of the 120-day Period and
180-day Period.
* Whether the debtor is seeking an extension to pressure
creditors: Debtor is not seeking an extension to pressure
creditors. Just the opposite, the purpose of the extension is to
allow time for the Federal Circuit Court to rule on an appeal of
the Judgment to fix Debtor and LNC's rights as they relate to the
Judgment.
* Whether an unresolved contingency exists: Appealing the
Judgment is the most important unresolved contingency. Whether the
Judgment is reversed, modified, or amended bears directly on plan
formulation and confirmation. Until the Judgment becomes final,
formulating and confirming a plan is not practical. The landscape
of this case will be significantly altered once the appeal is
concluded because LNC is currently Debtor's largest creditor (for
the avoidance of doubt, Debtor disputes LNC's claim).
Eazy-PZ LLC is represented by:
Aaron J. Conrardy, Esq.
Wadsworth Garber Warner Conrardy, P.C.
2580 W. Main St., Ste. 200
Littleton, CO 80120
Tel: (303) 296-1999
Email: aconrardy@wgwc-law.com
About Eazy-PZ LLC
Eazy-PZ LLC designs and sells silicone mealtime products for
infants and toddlers, including plates, bowls, mats, and utensils.
The Company operates through online and retail channels from its
base in Parker, Colorado.
Eazy-PZ LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Col. Case No. 25-13720) on June 18, 2025. In its
petition, the Debtor reports total assets of $1,019,774 and total
liabilities of $3,881,257.
Honorable Bankruptcy Judge Thomas B. Mcnamara handles the case.
The Debtors are represented by Aaron J. Conrardy, Esq. at WADSWORTH
GARBER WARNER CONRARDY, P.C.
ELEVATE ACADEMY: Moody's Rates New Ser. 2025A/B Revenue Bonds 'Ba2'
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Moody's Ratings has assigned an initial Ba2 underlying rating and
Aa2 enhanced rating to Elevate Academy Nampa, ID's proposed
Nonprofit Facilities Revenue Bonds (Elevate Academy Nampa Project)
$14 million Series 2025A (Credit Enhancement) and proposed $126,000
Series 2025B (Credit Enhancement) (Federally Taxable). The bonds
will be issued by the Idaho Housing and Finance Association and,
once issued, will represent the entirety of the charter school's
outstanding bonded debt. The outlook on the underlying rating is
stable.
RATINGS RATIONALE
The initial Ba2 reflects the school's limited operating history,
during which it has demonstrated healthy financial performance.
Fiscal 2025 operating margins provided roughly 1.8x coverage of the
projected maximum annual debt service (MADS) requirement for the
proposed debt. Although the school's liquidity is only moderate on
a nominal basis at $1.8 million, it is healthy relative to
operations at 103 days cash on hand. The school is small at 497
students, although it is fully enrolled and will remain so for the
2025-26 school year. Due to its designation as an alternative
school serving at-risk youth, Elevate receives more revenue
relative to other small Idaho charter schools. The school's
leverage is high, although the 13% cash to debt ratio is not
unusual for relatively new charter schools.
Governance is a key driver of all initial charter school ratings.
The school's governance compares favorably to other small charters
as a unified board serves all four schools in the Elevate network.
Support has also been historically provided by the Bluum
Foundation. The school's good academic and financial performance
are indicative of proactive and effective governance, although the
school's short operating history means that it has not yet
undergone the charter renewal process.
The Aa2 enhanced rating reflects the credit quality of the State of
Idaho (Aaa stable) and its moral obligation pledge under the
provisions of the Idaho Public Charter School Facilities Program
(Aa2 stable). The program's strengths include statutory
requirements that the Idaho Housing and Finance Association and the
Governor request the legislature to make an appropriation to
replenish the bonds' debt service reserve fund in the event of a
draw on that fund. The rating also reflects the essentiality of
charter schools in the state's K-12 education system and the
state's established track record of making appropriation-backed
debt payments under certain financing agreements for state
projects. The two-notch distinction between the programmatic rating
and the state's issuer rating reflects the weaknesses inherent in
the contingent, subject-to-appropriation nature of the state's
support.
RATING OUTLOOK
The stable outlook reflects the likelihood that the additional
funding provided to the school due to its designation as an
alternative school serving at-risk youth will allow it to maintain
its strong financial margins for the foreseeable future.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Sustained liquidity of over 150 days
-- Improved competitive profile, particularly if the school's
waitlist were to approach 100% of enrollment
-- Increase in the ratio of cash to debt above 28%
-- Successful renewal of the school's charter
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Decrease in state funding, potentially due to change in
alternative school designation or a general reduction in education
funding
-- Failure to achieve expected debt service coverage, currently
projected to average 1.6x over next five years
-- Drawdown of liquidity to below 90 days cash on hand
PROFILE
Elevate Academy Nampa opened in Fall 2022 and serves 497 students
in Nampa, ID, within the Boise metropolitan area. The school is
part of a network of four schools that provide career and technical
education, although each school operates under a separate charter.
METHODOLOGY
The principal methodology used in the underlying ratings was US
Charter Schools published in April 2024.
ELITA 7 LLC: Cash Collateral Hearing Set for Oct. 8
---------------------------------------------------
The U.S. Bankruptcy Court for the District of Massachusetts is set
to hold a hearing on October 8 to consider another extension of
Elita 7, LLC and Victoria Light, LLC's authority to use cash
collateral.
The court previously issued a proceeding memorandum and order
authorizing the Debtors to use the cash collateral of their lenders
through October 8 under previously established terms.
The lenders' cash collateral consists of cash accounts, receivables
and inventory. The value of the cash collateral is estimated at
$168,000, according to court documents filed in December last
year.
The Debtors are liable to DMT SPE I, the primary secured lender, on
a loan made last year in the original principal amount of $6.1
million. Meanwhile, the Debtors have given security interest in
receivables or sales of future receivables to other creditors
including Capybara Capital LLC, Dependence Platinum, Forward
Financing, EN OD Capital, Stage Advance LLC, and Unique Funding
Solutions, LLC.
About Elita 7 and Victoria Light
Elita 7, LLC operates a 60-bed Rest Home located at 16 Marble
Street, Worcester, Mass.
Elita 7 and its affiliate, Victoria Light, LLC, filed Chapter 11
petitions (Bankr. D. Mass. Lead Case No. 24-41303) on December 20,
2024. At the time of the filing, the Debtors reported $1 million to
$10 million in both assets and liabilities.
Judge Elizabeth D. Katz oversees the cases.
John O. Desmond, Esq., is the Debtors' legal counsel.
Secured lender DMT SPE I, LLC is represented by:
Douglas K. Clarke, Esq.
Riemer & Braunstein, LLP
100 Cambridge Street, 22nd Floor
Boston, MA 02114-2527
Phone: (617) 880-3485
Fax: (617) 692-3485
Email: dclarke@riemerlaw.com
ELITE PRINTING: Seeks Continued Cash Collateral Access
------------------------------------------------------
Elite Printing & Packaging Inc. asks the U.S. Bankruptcy Court for
the Eastern District of Missouri, Eastern Division, for authority
to use cash collateral and provide adequate protection, in
accordance with its agreement with secured creditors U.S. Bank, NA
and Newtek Bank.
The original final order allowed the Debtor to use cash collateral
-- funds subject to creditors' liens -- through September 8, unless
the debts to U.S. Bank or Newtek were paid in full earlier.
The current request seeks to extend that authority through November
10 under the same terms, with one modification: the Debtor will
begin providing bi-weekly updates to U.S. Bank and Newtek on its
reorganization plan progress. No trustee, examiner, or official
committee of unsecured creditors has been appointed in this case.
A copy of the motion is available at https://urlcurt.com/u?l=e4IUy9
from PacerMonitor.com.
About Elite Printing & Packaging
Inc.
Elite Printing & Packaging, Inc. sought protection under Chapter 11
of the U.S. Bankruptcy Code (E.D. Mo. Case No. 25-41743) on May 5,
2025, listing up to $10 million in both assets and liabilities.
Michael K. Sloan, president of Elite Printing & Packaging, signed
the petition.
Judge Kathy A. Surratt-States oversees the case.
Spencer Desai, Esq., at The Desai Law Firm, represents the Debtor
as bankruptcy counsel.
U.S. Bank N.A., as secured creditor, is represented by:
Mark V. Bossi, Esq.
Thompson Coburn, LLP
One US Bank Plaza
St. Louis, MO 63101
Phone: (314)552-6000
Fax: (314) 552-7000
mbossi@thompsoncoburn.com
Newtek Bank, as secured creditor, is represented by:
Christopher D. Lee, Esq.
Sandberg Phoenix & von Gontard, P.C.
701 Market Street, Suite 600
St. Louis, MO 63101
Phone: (314) 725-9100
Fax: (314) 725-5754
clee@sandbergphoenix.com
ELLINGTON FINANCIAL: Fitch Assigns BB- LongTerm IDR, Outlook Stable
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Fitch Ratings has assigned a Long-Term Issuer Default Rating (IDR)
of 'BB-' to Ellington Financial Inc. (EFC). The Rating Outlook is
Stable.
Fitch has also assigned an expected 'BB-(EXP)' rating to the
proposed $400 million senior unsecured debt co-issuance of
Ellington Financial Operating Partnership LLC, EF Cayman Holdings
Ltd, EF Holdco Inc., Ellington Financial REIT Cayman Ltd., and
Ellington Financial REIT TRS LLC (together, the EFC subsidiaries).
The rate of interest and maturity date will be determined at the
time of issuance. The EFC subsidiaries intend to use the net
proceeds from the issuance for EFC's general corporate purposes and
to repay a portion of EFC's repurchase agreements (repos)
outstanding.
Key Rating Drivers
Diversified Business Model: EFC's ratings reflect its established
platform as a diversified, credit-focused mortgage lender,
experienced management team, solid asset quality with limited net
realized losses, hedging strategy preserving book value, consistent
operating performance through market cycles, and adequate leverage
and liquidity given limited near-term corporate maturities.
Challenging Sector Conditions: EFC's ratings are constrained by the
highly cyclical nature of the real estate industry, the company's
largely secured funding profile, including reliance on repos and
warehouse lines, exposure to increased haircuts or significant
margin calls during periods of market stress, and modest franchise
compared with those of peers. The firm's rating is also constrained
by its REIT status, which requires distributions, limiting the
ability to retain capital.
High Delinquencies, Very Low Realized Losses: EFC's overall
impaired and nonperforming loan ratio averaged 4.2% in 2021-2024
but rose to 7.6% at 2Q25. This was within Fitch's 'bb' asset
quality benchmark range of 4%-10% for balance-sheet-intensive
finance and leasing companies with a sector risk operating
environment (SROE) score in the 'bbb' category.
The uptick resulted from the underperformance of certain 2022
vintage loans that were originated at peak housing prices with high
loan-to-value ratios, as well as the short-duration nature of the
portfolio, which can inflate ratios as loans mature or transition.
Despite these elevated delinquencies, realized loss rates remain
low at 0.25%, supported by high recovery rates and effective asset
management.
Adequate Profitability: EFC's pre-tax return on average assets was
2.9% for 1H25 (annualized), up from 2.4% in 2024 and an average of
1.6% from 2021-2024, which was within Fitch's 'bb' benchmark range
of 1%-4% for balance sheet-heavy finance and leasing firms with a
SROE score in the 'bbb' category. Profitability in 1H25 was driven
by strong contributions from diversified origination and credit
platforms, including robust net interest income, realized and
unrealized gains, and resilient net operating cash flow. The
Longbridge segment, which was acquired in 2022, was a material
contributor, supported by higher origination volumes and stable
margins.
Appropriate Leverage: EFC's leverage, defined as gross debt to
tangible equity, including long-term non-recourse securitization
debt (excluding home equity conversion mortgage-backed securities
(HMBS) debt) and giving 50% equity credit to preferred shares, was
3.4x at 1H25, largely in line with the 2021-2024 average of 3.7x.
Pro forma for the planned $400 million senior unsecured note
issuance, leverage is expected to increase to 3.6x, which is at the
higher end of Fitch's 'bb' benchmark range (0.75x-4x) for finance
and leasing companies with a SROE score in the 'bbb' category.
EFC targets gross leverage below 4.0x, which excludes off-balance
sheet, non-recourse fundings. On this basis, leverage was 1.9x at
2Q25. Fitch expects leverage to remain below the firm's leverage
maximum of 4.0x throughout 2025.
Largely Secured Funding Profile: Unsecured debt was 7.9% (excluding
HMBS debt) of total debt at 2Q25 and will increase to 14.9% pro
forma for the proposed issuance. As of 2Q25, EFC's borrowings
totaled $14.9 billion, with $2.95 billion in recourse borrowings
and $11.9 billion in non-recourse, asset-backed debt. The funding
structure remains predominantly secured, constraining financial
flexibility, especially in times of stress. Fitch expects EFC to
access the unsecured debt markets to enhance funding
diversification and strengthen its liquidity profile over time.
Sufficient Liquidity: At 2Q25, EFC had $371 million of cash and
equivalents on a pro forma basis, which Fitch believes is
sufficient to address funding needs including near-term debt
maturities of $37.5 million in August 2026 and $210 million in
April 2027. As of June 30, 2025, EFC also had $2.3 billion of repos
and $2.1 billion of non-recourse debt outstanding. Repos are short
term with well-laddered maturities, but collateral haircuts and
margin calls can impact liquidity in the period of market stress.
Fitch expects debt maturities in these buckets to be met with
refinancings, net cash flows from principal and interest repayments
on loans and securities, or asset sales.
Improving Coverage: As a REIT, EFC is required to distribute at
least 90% of its annual net taxable income to shareholders, which
constrains the firm's ability to build equity and Fitch's
assessment of its liquidity. Adjusted distributable earnings
coverage of its dividend averaged 94.7% from 2021-2024, driven by a
compressed net interest margin from an increase in funding costs.
Coverage improved to 110% in 1H25, driven by higher net investment
income, which rose due to growth in investment in loans and
improved yields.
Stable Outlook: The Stable Outlook reflects Fitch's expectation
that EFC will continue to manage leverage below 5.0x, credit losses
will remain low, and earnings will continue to improve resulting in
full dividend coverage. Fitch also expects the company to
opportunistically issue unsecured debt, appropriately manage its
debt maturity profile, and maintain solid liquidity.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Deterioration in credit performance, whereby impaired and
nonperforming loans remain elevated and result in elevated
provisioning expense and meaningful credit losses, adversely
affecting capitalization;
- A sustained increase in Fitch-calculated total leverage,
excluding HMBS debt, above 5.0x;
- An inability to maintain sufficient liquidity relative to debt
maturities, unfunded commitments and margin call potential
associated with collateral loan non-performance or material credit
deterioration;
- A reduction in business line diversity due to a material change
in strategy;
- A reduction in core earnings and earnings coverage of the
dividend.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Ability to resolve problem loans without a meaningful impact to
capitalization;
- Sustained increase in the proportion of unsecured debt at or
above 10% of total debt (excluding HMBS debt);
- Sustained maintenance of Fitch-calculated total leverage,
excluding HMBS debt, at or below 4.0x;
- Enhanced consistency of core earnings performance;
- Maintenance of a solid liquidity profile relative to near-term
debt maturities and strong dividend coverage;
- Growth of the business that enhances the franchise and platform
scale;
- Ability to reduce and contain the margin call exposure on repos.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
The expected senior unsecured debt ratings of the EFC subsidiaries
are equalized with the Long-Term IDR of EFC, given the debt is
co-issued by them benefits from a corporate guarantee from EFC. The
rating also reflects the availability of unencumbered assets and
Fitch's expectation for average recovery prospects for creditors
under a stress scenario. Fitch would expect to convert the expected
unsecured debt ratings of 'BB-(EXP)' to a final rating of 'BB-'
upon settlement of the planned transaction.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
The expected senior unsecured debt ratings for the EFC subsidiaries
are primarily sensitive to changes in EFC's Long-Term IDR and are
expected to move in tandem.
ADJUSTMENTS
The Standalone Credit Profile (SCP) has been assigned in line with
the implied SCP.
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 below the
implied score due to the following adjustment reason: Historical
and future metrics (positive).
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
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Ellington
Financial Inc. LT IDR BB- New Rating
Ellington
Financial
Operating
Partnership LLC
senior
unsecured LT BB-(EXP) Expected Rating
EF Holdco Inc.
senior
unsecured LT BB-(EXP) Expected Rating
Ellington
Financial REIT
Cayman Ltd.
senior
unsecured LT BB-(EXP) Expected Rating
EF Cayman
Holdings Ltd.
senior
unsecured LT BB-(EXP) Expected Rating
Ellington
Financial REIT
TRS LLC
senior
unsecured LT BB-(EXP) Expected Rating
ELMA TRANSPORT: Unsecureds to Get 5 Cents on Dollar in Plan
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Elma Transport, Inc., filed with the U.S. Bankruptcy Court for the
Northern District of Illinois a Plan of Reorganization dated
September 25, 2025.
The Debtor is an Illinois Corporation. Since 2013, Debtor has been
in the business of interstate trucking.
In early 2023, the trucking industry experienced a downturn and
Debtor used any cash reserves to cover a cash flow shortage but
this eventually led to inability to remain current on payments on
their equipment loans and potential repossession of the equipment
by the secured lenders. The Chapter 11 filing has enabled Debtor to
continue using their equipment and to return to focusing on their
interstate trucking business.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $716.46. The final Plan
payment is expected to be paid on November 1, 2029.
This Plan of Reorganization proposes to pay creditors of the Debtor
from cash flow from operations.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 5 cents on the dollar. This Plan also provides for
the payment of administrative and priority claims.
Class 5 consists of Non-priority unsecured creditors. Claims in
this class will receive the projected disposable income of the
Debtor pro rata within the class for a period of four years,
estimated at $716.46 monthly remaining after any outstanding
administrative claims are paid from the disposable income.
Disposable income, as defined in Section 1191(d), shall be
determined on a quarterly basis, based on the disposable income
generated, if any, during the preceding quarter. The Debtor will
begin to make monthly payments commencing on the fifteenth day of
the fourth full month following the Effective Date and thereafter
due on the fifteenth day of every fourth month. A minimum total
amount of $34,390.07 will be paid to this class.
Class 6 consists of Equity security holders of the Debtor. Equity
security holders shall retain their interests in the Debtor as they
existed on the Petition Date.
The Debtor shall continue is business operations, which shall be
the primary source of funds for payments required by this Plan that
are to be made by the Debtor over time. After the Effective Date,
the Debtor may operate the business and use, acquire, sell,
transfer, convey, or dispose of property without supervision by the
Bankruptcy Court and free of any restrictions of the Bankruptcy
Code or Bankruptcy Rules, other than those restrictions expressly
imposed by the Plan and the Confirmation Order.
A full-text copy of the Plan of Reorganization dated September 25,
2025 is available at https://urlcurt.com/u?l=Ossdgj from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Saulius Modestas, Esq.
Modestas Law Offices, P.C.
401 S. Frontage Road, Ste. C
Burr Ridge, IL 60527
A.R.D.C. No. 6278054
(312) 251-4460
About Elma Transport Inc.
Elma Transport, Inc., an Illinois-based trucking company, sought
relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Ill. Case No. 25-09866) on June 27, 2025. In its petition, the
Debtor reported assets between $100,001 and $500,000 and
liabilities between $500,001 and $1 million.
Judge Janet S. Baer handles the case.
The Debtor is represented by Saulius Modestas, Esq., at Modestas
Law Offices, P.C.
TBK Bank, SSB, as secured creditor, is represented by:
Jeffrey P. Monberg, Esq.
Quarles & Brady, LLP
155 N. Wacker Drive, Suite 3200
Chicago, IL 60606
Tel: (312) 715-5162
jeff.monberg@quarles.com
EMPIRE CORE: Court Stays Accredited Surety Case Due to Bankruptcy
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Judge Edgardo Ramos of the United States District Court for the
Southern District of New York stayed the case captioned as EMPIRE
CORE GROUP LLC, Plaintiff, -against- ACCREDITED SURETY & CASUALTY
COMPANY, INC., Defendant, Case No. 24-cv-03316-ER (S.D.N.Y.).
Empire Core Group, LLC informed the Court on Sept. 24, 2025 that it
filed a voluntary petition for non-individuals filing for
bankruptcy pursuant to Chapter 11 of the U.S. Code in the United
States Bankruptcy Court for the Southern District of New York on
Sept. 22, 2025. Accordingly, this instant action was automatically
stayed upon the filing of the voluntary petition.
A copy of the Court's Order is available at
https://urlcurt.com/u?l=lcsToh from PacerMonitor.com.
About Empire Core Group LLC
Empire Core Group LLC, formed in September 2014, is a construction
management and general contracting firm that specializes in
redeveloping existing properties and building new projects across
the New York metropolitan area. The Company has worked with major
real estate owners and operators including Blackstone Group,
Rockpoint, Compass Rock, Graystar, AIMCO, Brooksville Company, CW
Capital, Fortress, and The Dermot Company.
Empire Core Group LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-22894)
on September 22, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Bankruptcy Judge Sean H. Lane handles the case.
The Debtor is represented by Erica Aisner, Esq. of KIRBY AISNER &
CURLEY LLP.
ERC REPAIR: Seeks Subchapter V Bankruptcy in Florida
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On September 26, 2025, ERC Repair LLC filed Chapter 11 protection
in the Middle District of Florida. According to court filing, the
Debtor reports between $1 million and $10 million in debt owed to 1
and 49 creditors. The petition states funds will be available to
unsecured creditors.
About ERC Repair LLC
ERC Repair LLC is a limited liability company.
ERC Repair LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-06126) on
September 26, 2025. In its petition, the Debtor reports estimated
estimated assets and liabilities between $1 million and $10 million
each.
The Debtor is represented by Justin M. Luna, Esq. of LATHAM LUNA
EDEN & BEAUDINE LLP.
ERIC R. HARTMAN: Gets Interim OK to Use Cash Collateral
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Eric R. Hartman, D.C., PLLC received interim approval from the U.S.
Bankruptcy Court for the Western District of Michigan to use cash
collateral to fund operations.
The court's interim order authorized the Debtor to use cash
collateral to pay operating expenses set forth in its budget,
including pre-bankruptcy and post-petition employee wages, subject
to a 10% variance.
Bankers Healthcare Group holds a first priority secured interest in
the cash collateral and is owed approximately $140,000. The current
monthly obligation to Bankers Healthcare Group is $1,710.16.
As adequate protection, the Debtor will make monthly payments to
Bankers Healthcare Group. In addition, Bankers Healthcare Group and
other secured creditors will be granted replacement liens on all
property acquired by the Debtor after its Chapter 11 filing.
The interim order does not provide any creditor with an improvement
of position from the values of its collateral as of the petition
date nor grant interests in property which the creditor does not
have a properly perfected lien.
The Debtor's authority to use cash collateral will terminate upon
failure to provide adequate protection; conversion or dismissal of
the Chapter 11 case without the secured creditors' consent; or a
court-determined material decrease in cash collateral exceeding the
adequate protection provided.
A final hearing is set for October 23. The deadline for filing
objections is on October 16.
The Debtor, established in 2003, generated gross revenues of
$759,155 in 2023, $777,432 in 2024, and $426,579 through July. A
significant revenue decline occurred this year due to insurance
reimbursement changes by companies like Blue Cross Blue Shield,
along with rising labor costs and a drop in patient appointments.
As a result, the Debtor can no longer meet its financial
obligations and seeks permission to use its limited cash
collateral, particularly to cover payroll due on September 26,
2025.
The Debtor believes it can stabilize its finances and improve
profitability through several measures, including staff reductions,
restructuring its debt with Bankers Healthcare Group (its primary
secured creditor), discharging junior claims, and shifting away
from services no longer reimbursed by insurers. The business
employs approximately four full-time and three part-time employees,
and it remains current on all tax obligations.
About Eric R. Hartman, DC, PLLC
Eric R. Hartman, DC, PLLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Mich. Case No. 25-02687) on
September 22, 2025, listing up to $500,000 in both assets and
liabilities. Eric R. Hartman, president and managing member, signed
the petition.
Martin L. Rogalski, Esq., at Martin L. Rogalski, P.C., represents
the Debtor as legal counsel.
EUSHI FINANCE: Fitch Assigns 'BB+' Rating on Jr. Subordinated Notes
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Fitch Ratings has assigned a 'BB+' rating to EUSHI Finance Inc's
(EUSHI FI) planned fixed-to-fixed rate reset junior subordinated
notes. Proceeds from the offering will be used for general
corporate purposes, including repayment of existing indebtedness.
The notes issued by EUSHI FI are unconditionally guaranteed by
parent Emera Inc. (Emera; BBB/Stable) and Emera U.S. Holdings Inc.
(EUSHI). The notes rank pari-passu with Emera's existing junior
subordinated notes. The securities are eligible for 50% equity
credit based on Fitch's hybrid methodology. Features supporting the
equity categorization include junior subordinate priority, the
option to defer interest payments on a cumulative basis for up to
10 years on each occasion and no step-up.
Emera's ratings and Outlook reflect the execution of its
deleveraging plan and commitment to maintain FFO leverage below
6.0x. Failure to meet this target will likely result in a negative
rating action.
Key Rating Drivers
Deleveraging Plan Execution: Emera successfully executed several
steps in its deleveraging plan in 2024. The company sold its equity
investment in Labrador Island Link, issued hybrid notes and common
equity, securitized deferred fuel costs and obtained a
credit-supportive, multi-year base rate outcome at Tampa Electric
Company (TEC; A-/Stable). The pending sale of New Mexico Gas
Company, Inc. (NMGC; BBB+/Stable), expected to close in 1Q26, will
further reduce Emera's leverage. Emera also moderated its dividend
growth from 4%-5% to 1%-2% to preserve cash for capex. Fitch views
these steps to reduce leverage as a credit positive.
Improving Leverage but Limited Cushion: With the execution of its
deleveraging plan, Emera's fiscal 2024 FFO leverage improved to
6.6x from an average of 7.1x over the past four years. FFO leverage
at YE 2024 was slightly higher than its projected 6.3x, but this
was mainly due to an FX translation mismatch from a sudden spike in
U.S. dollar-Canadian dollar exchange rate at YE 2024.
Fitch expects Emera's FFO leverage to further improve with the
closing of the NMGC sale and new base rates at Nova Scotia Power
Inc. (NSPI). Fitch estimates Emera's FFO leverage at about
5.8x-5.9x during 2025 to 2027 but with limited headroom against the
6.0x downgrade sensitivity. Failure to maintain FFO leverage below
6.0x will likely result in a negative rating action.
Sale of NMGC: Fitch's rating case assumes the NMGC divestiture will
close in 1Q26. In the unlikely event that the sale does not close,
Fitch expects Emera to take appropriate steps to maintain its FFO
leverage below 6.0x, consistent with management's commitment.
Sizable Capex Pressures Metrics: Emera has a large capex plan of
about CAD11.5 billion over 2025-2027, almost 3x depreciation
expense. The plan will lead to higher execution risk that could
pressure credit metrics during construction. Fitch expects Emera to
execute the plan on time and within budget, and fund it in a
balanced manner through parent-equity infusions, internal cash flow
and utility debt.
Peer Analysis
Emera and peer utilities FirstEnergy Corp. (FE; BBB/Stable) and
American Electric Power Company Inc. (AEP; BBB/Stable) are large
utility holding companies with operations spanning multiple
jurisdictions, focused strategically on maximizing relatively
predictable operating utility returns.
FE and AEP both benefit from greater regulatory diversification and
scale than Emera. FE and AEP operate in six and 11 states,
respectively, while Emera operates in two states, two provinces in
Canada and the Caribbean. In terms of scale, FE and AEP are much
larger than Emera, serving about 6.0 million and 5.6 million
customers, respectively, while Emera serves about 2.5 million
customers.
From a financial standpoint, based on Fitch's estimates, Emera's
FFO leverage will average about 5.9x through 2026, compared with
5.8x for AEP and 5.1x for FE.
Key Assumptions
- Sale of NMGC closes in 1Q26;
- Capital plan of about CAD11.5 billion from 2025-2027;
- New base rates established at NSPI for 2026;
- Dividend growth of 1%-2%;
- Rate increases at other utilities reflect rate filings and
riders.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- FFO leverage above 6.0x on a sustained basis;
- A change in management's commitment to maintaining FFO leverage
below 6.0x;
- An unexpected, material deterioration in the Florida regulatory
compact.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Further deleveraging that leads to sustained FFO leverage less
than 5.0x.
Liquidity and Debt Structure
Emera and its subsidiaries have, in aggregate, access to CAD$2.1
billion and $1.603 billion of committed credit facilities, with
approximately CAD$935 million and $799 million undrawn and
available on June 30, 2025. The company also had unrestricted cash
balance of about CAD$200 million on June 30, 2025. Emera's
syndicated credit facilities have a financial covenant that the
debt to total capitalization ratio should be no greater than 70%.
The company was compliant with the covenant on June 30, 2025. Fitch
believes future maturities are manageable and will be refinanced
upon maturity.
Issuer Profile
Emera Inc. is a diversified electric and natural gas utility
holding company serving approximately 2.5 million customers in
Canada, the U.S. and the Caribbean.
Date of Relevant Committee
23-May-2025
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
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
----------- ------
EUSHI Finance, Inc.
junior subordinated LT BB+ New Rating
EVENTIDE CREDIT: Court OKs Appointment of Chapter 11 Trustee
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Emily Lever of Law360 reports that a Texas bankruptcy court has
approved the appointment of a Chapter 11 trustee to oversee the
case of Eventide Credit Acquisitions after the unsecured creditors'
committee pushed for stronger oversight.
The committee argued that the debtor and its leadership had
repeatedly disregarded bankruptcy obligations, creating the need
for an independent fiduciary to safeguard creditor recoveries,
according to the report.
Following a two-day hearing, Judge Mark X. Mullin of the Northern
District of Texas granted the committee's motion, citing concerns
about transparency, conflicts of interest, and the debtor’s
control over key restructuring decisions. With the ruling, the
trustee will take over case administration, shifting authority away
from Eventide's management during the Chapter 11 process, the
report states.
About Eventide Credit Acquisitions, LLC
Eventide Credit Acquisitions, LLC, a Dallas-based company, filed
voluntary Chapter 11 petition (Bankr. N.D. Tex. Lead Case No.
23-90007) on Sept. 6, 2023.
On October 9, 3023, its affiliate, BWH Texas LLC, filed its
voluntary petition for relief under Subchapter V of Chapter 11 of
the Bankruptcy Code. In the petition signed by Matt Martorello,
manager, Eventide Credit disclosed up to $100 million in both
assets and liabilities.
Judge Mark X. Mullin oversees the cases.
The Debtors tapped Forshey Prostok as bankruptcy counsel and
Donlin, Recano & Company, Inc. as notice, claims and balloting
agent.
FANATICS COMMERCE: S&P Withdraws 'BB-' Issuer Credit Rating
-----------------------------------------------------------
S&P Global Ratings withdrew all its ratings on Fanatics Commerce
Intermediate Holdco LLC at the issuer's request following the full
repayment of its senior secured term loan. At the time of the
withdrawal, S&P's outlook on the company was negative.
S&P's 'BB-' issuer credit ratings on Fanatics Holdings Inc. and its
core operating subsidiary, Fanatics Collectibles Intermediate
Holdco Inc., are unaffected.
FIT & THRIVE: Case Summary & Nine Unsecured Creditors
-----------------------------------------------------
Debtor: Fit & Thrive Inc.
d/b/a Clean Eatz of Edwardsville
d/b/a HG Enterprises, LLC
d/b/a Clean Eatz of Belleville
316 S. Buchanan St
Edwardsville, IL 62025
Business Description: Fit & Thrive Inc., operating the
Edwardsville, Illinois franchise of Clean
Eatz, provides food and wellness services,
including meal plans with pre-portioned
products designed to balance protein,
carbohydrates, and fats, catering to diverse
lifestyles.
Chapter 11 Petition Date: September 30, 2025
Court: United States Bankruptcy Court
Southern District of Illinois
Case No.: 25-30752
Judge: Hon. Mary E Lopinot
Debtor's Counsel: J. D. Graham, Esq.
J. D. GRAHAM, PC
#1 Eagle Center; Suite 3A
O Fallon, IL 62269
Tel: (618) 235-9800
Fax: (618) 235-9805
Email: jd@jdgrahamlaw.com
Total Assets: $168,928
Total Liabilities: $1,247,466
The petition was signed by Sara Sanderson as president.
A full-text copy of the petition, which includes a list of the
Debtor's nine unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/JJYO6EA/Fit__Thrive_Inc__ilsbke-25-30752__0001.0.pdf?mcid=tGE4TAMA
FLAGSHIP RESORT: Court Approves Chapter 11 Liquidation Plan
-----------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that Flagship
Resort Development's Chapter 11 liquidation plan has won court
approval from a New Jersey bankruptcy judge, despite pushback over
provisions releasing certain parties from liability.
The plan, crafted as part of a global settlement, extends sweeping
third-party and insider releases while offering creditors the
option to opt out. The ruling clears the way for the company's
restructuring and liquidation to continue in line with the
settlement's framework, the report states.
About Flagship Resort Development Corporation
Flagship Resort Development Corporation, a privately held
hospitality and resort development company based in New Jersey,
specializes in timeshare vacation ownership in the Atlantic City
region. It operates 774 living units across three properties --
Flagship All-Suites Resort, Atlantic Palace, and La Sammana Resort
-- offering a mix of deeded timeshare interests, club memberships,
and exchange-based travel benefits. The company is a wholly owned
subsidiary of FantaSea Resorts Group, Inc.
Flagship Resort Development Corporation sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-15047) on
May 10, 2025. In its petition, the Debtor reports estimated assets
between $50 million and $100 million.
Honorable Bankruptcy Judge Jerrold N. Poslusny Jr. handles the
case.
The Debtors are represented by Warren J. Martin Jr., Esq. at
PORZIO, BROMBERG & NEWMAN, P.C. The Debtor's Notice, Claims,
Solicitation, Balloting & Administrative Agent is KROLL
RESTRUCTURING ADMINISTRATION LLC.
FOUR PALMS: Michael Markham Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 21 appointed Michael Markham, Esq., as
Subchapter V trustee for Four Palms Investments, Inc.
Mr. Markham, a partner at Johnson Pope Bokor Ruppel & Burns, LLP,
will be paid an hourly fee of $350 for his services as Subchapter V
trustee and will be reimbursed for work-related expenses incurred.
Mr. Markham declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Michael C. Markham, Esq.
Johnson Pope Bokor Ruppel & Burns, LLP
401 E. Jackson Street, Suite 3100
Tampa, FL 33602
Phone: (727) 480-5118
Mikem@jpfirm.com
About Four Palms Investments
Four Palms Investments, Inc. and its affiliates, Platinum
Automotive Styling, LLC, and NC Automotive Styling, Inc., are
related Florida businesses linked to entrepreneur Todd C. Simms,
operating in investment management and automotive customization.
Incorporated in 2018 and based in the Tampa Bay area, Four Palms
Investments manages business holdings as the group's investment
arm. Meanwhile, Platinum Automotive Styling and NC Automotive
Styling both provide vehicle customization and enhancement
services.
Four Palms Investments and its affiliates filed Chapter 11
petitions (Bankr. M.D. Fla. Lead Case No. 25-06972) on September
23, 2025. At the time of the filing, Four Palms Investments
disclosed up to $50,000 in assets and between $1 million and $10
million in liabilities.
Amy Denton Mayer, Esq., at Berger Singerman, LLP represents the
Debtor as legal counsel.
FREE SPEECH: Infowars Sale in Limbo After Buyer Not Found
---------------------------------------------------------
John Wayne Ferguson of Houston Chronicle reports that the
court-appointed trustee overseeing the sale of Alex Jones' Infowars
said he may soon abandon efforts to find a buyer.
According to the report, Christopher Murray, the trustee, told U.S.
Bankruptcy Judge Christopher Lopez during a Wednesday, October 1,
2025, hearing in Houston that only minimal interest has surfaced
and no formal offers have been made. "We're leaning toward
abandonment," Murray said, noting his mandate to sell Jones’
equity in parent company Free Speech Systems could end this month.
Jones, who owes more than $1.3 billion to Sandy Hook families after
being found liable for defamation in 2022, has faced repeated
challenges in the bankruptcy process. Lopez previously canceled an
attempted auction last year after bids for Free Speech Systems'
assets -- including Infowars’ intellectual property and studio
equipment -- topped out at around $3.5 million, which the judge
deemed insufficient. One bidder was satirical news outlet The
Onion, according to Houston Chronicle.
At the emergency hearing, lawyers for Sandy Hook families accused
Jones and his attorneys of misrepresenting prior court orders to
delay collection efforts. A Texas district judge recently appointed
a receiver to take control of Jones’ assets in a separate
proceeding, raising the possibility of a renewed auction of
Infowars outside Murray's control. Lopez clarified that Free Speech
Systems' bankruptcy is distinct from Jones' personal estate,
rejecting arguments that sought to merge the cases, the report
states.
While Murray weighs abandoning the equity sale, Jones' personal
assets remain subject to liquidation. Lopez has already approved an
auction of Jones' luxury watches, vehicles, and rental property in
Austin, expected within weeks. Despite the massive judgment, the
Sandy Hook families have yet to recover any money, though Jones'
lawyers said they expect a pending appeal in Connecticut to reach
the U.S. Supreme Court in October 2025, the report relays.
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.
FTX TRADING: Ornelas Appeal Can't Proceed to Mediation
------------------------------------------------------
Pursuant to Section 1 of the Procedures to Govern Mediation of
Appeals from the United States Bankruptcy Court for the District of
Delaware, dated July 19, 2023, Magistrate Judge Christopher Burke
of the United States District Court for the District of Delaware
determined that mediation is not appropriate in the appeal styled
EDWARD ORNELAS, Appellant, v. FTX TRADING LTD., Appellee, Case No.
25-cv-01059-JLH (D. Del.).
Counsel for appellee has not been able to confer with Edward
Ornelas, the pro se appellant in this appeal, and the Court has not
received a statement regarding appellant's position regarding
mediation.
Counsel for appellee believes that the disputes in this case cannot
be resolved through mediation and the Court agrees.
The Court recommends that the assigned District Judge issue an
order withdrawing the matter from mediation.
A copy of the Court's Order is available at
https://urlcurt.com/u?l=njz4BT
About FTX Trading Ltd.
FTX is the world's second-largest cryptocurrency firm. FTX is a
cryptocurrency exchange built by traders, for traders. FTX offers
innovative products including industry-first derivatives, options,
volatility products and leveraged tokens.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests.
Faced with liquidity issues, FTX on Nov. 9 struck a deal to sell
itself to its giant rival Binance, but Binance walked away from the
deal amid reports on FTX regarding mishandled customer funds and
alleged US agency investigations.
At 4:30 a.m. on Nov. 11, Bankman-Fried ultimately agreed to step
aside, and restructuring vet John J. Ray III was quickly named new
CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought Chapter 11 protection on Nov. 14, 2022.
FTX Trading and its affiliates each listed $10 billion to $50
million in assets and liabilities, making FTX the biggest
bankruptcy filer in the US this year. According to Reuters, SBF
shared a document with investors on Nov. 10 showing FTX had $13.86
billion in liabilities and $14.6 billion in assets. However, only
$900 million of those assets were liquid, leading to the cash
crunch that ended with the company filing for bankruptcy.
The Hon. John T. Dorsey is the case judge.
The Debtors tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Landis Rath & Cobb, LLP as local counsel; and Alvarez & Marsal
North America, LLC as financial advisor. Kroll is the claims agent,
maintaining the page https://cases.ra.kroll.com/FTX/Home-Index
The official committee of unsecured creditors tapped Paul Hastings
as bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP as
Delaware and conflicts counsel; FTI Consulting, Inc. as financial
advisor; and Jefferies, LLC as investment banker.
Montgomery McCracken Walker & Rhoads LLP, led by partners Gregory
T. Donilon, Edward L. Schnitzer, and David M. Banker, is
representing Sam Bankman-Fried in the Chapter 11 cases. White
collar crime specialist Mark S. Cohen has reportedly been hired to
represent SBF in litigation. Lawyers at Paul Weiss previously
represented SBF but later renounced representing the entrepreneur
due to a conflict of interest.
FUTURE FINTECH: Completes $1M Pre-Paid Purchase #2 With Avondale
----------------------------------------------------------------
As previously disclosed, on July 28, 2025, Future FinTech Group
Inc. entered into a Pre-Paid Securities Purchase Agreement with
Avondale Capital, LLC providing for potential funding of up to
$10,000,000 through the issuance of pre-paid purchase instruments.
At the initial closing, the Company received $800,000 in gross
proceeds and issued a Pre-Paid Instrument with a principal amount
of $884,000.
On September 22, 2025, the Company entered into Pre-Paid Purchase
#2 Agreement with the investor, pursuant to the Pre-Paid SPA. Under
Pre-Paid Purchase #2, the Company issued a Pre-Paid Instrument with
a principal amount of $1,080,000 in exchange for $1,000,000 in cash
proceeds, reflecting an 8% original issue discount (OID) of
$80,000, which is included in the initial principal balance of the
Pre-Paid Instrument and is deemed fully earned and non-refundable
as of the purchase date.
The material terms of Pre-Paid Purchase #2 are substantially
consistent with Pre-Paid Purchase #1, which was previously reported
on the Current Report on Form 8-K filed with the Securities and
Exchange Commission on July 31, 2025. The Pre-Paid SPA and
transactions contemplated thereunder were approved by the Company's
shareholders in a special shareholders meeting held on September 5,
2025.
Waiver Letter:
On the same date, the Company and the Investor entered into a
Waiver Letter, pursuant to which the Investor agreed to waive the
Second Purchase Conditions under the Pre-Paid SPA and to increase
the Second Purchase Price from $500,000 to $1,000,000. Further, the
Company agreed to issue the 1,445,000 shares of common stock as
Pre-Delivery Shares to the Investor within two trading days of the
date of the Waiver Letter and register such shares for resale in
the Company's initial registration statement.
On September 24, 2025, following the issuance of 1,445,000 shares
of common stock of company as the Pre-Delivery Shares to the
Investor, the Company received $1,000,000 in gross proceeds from
the Investor by wire transfer.
The shares of Common Stock issued or issuable pursuant to the
Pre-Paid SPA or the Pre-Paid Purchase #2, respectively, have been,
or will be, offered and sold in reliance on exemptions from the
registration requirements of the Securities Act of 1933, as
amended, including Section 4(a)(2) thereof and Rule 506 of
Regulation D promulgated thereunder, as transactions not involving
a public offerings, or pursuant to Regulation S under the
Securities Act.
About Future FinTech Group
New York, N.Y.-based Future FinTech Group Inc. is a holding company
incorporated under the laws of the State of Florida. The Company
historically engaged in the production and sale of fruit juice
concentrates (including fruit purees and fruit juices) and fruit
beverages (including fruit juice beverages and fruit cider
beverages) in the PRC. Due to drastically increased production
costs and tightened environmental laws in China, the Company
transformed its business from fruit juice manufacturing and
distribution to financial technology-related service businesses.
The main business of the Company includes supply chain financing
services and trading in China, asset management business in Hong
Kong, and cross-border money transfer service in the UK.
Orange, Calif.-based Fortune CPA, Inc., the Company's auditor since
2023, issued a "going concern" qualification in its report dated
April 15, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has suffered losses from operations. Therefore, the Company has
stated substantial doubt about its ability to continue as a going
concern.
The ability of the Company to continue as a going concern is
dependent upon its ability to successfully execute its new business
strategy and eventually attain profitable operations.
As of Dec. 31, 2024, the Company had $25.9 million in total assets,
$13.3 million in total liabilities, and a total stockholders'
equity of $12.6 million.
GARCIA GRAIN: Plascencia et al. Must Pay $35,650 in Fees, Costs
---------------------------------------------------------------
In the adversary proceeding captioned as GARCIA GRAIN TRADING CORP.
and THE GARCIA GRAIN CHAPTER 11 PLAN TRUST, Plaintiffs, VS. RODOLFO
PLASCENCIA, SR. and WNGU PROPERTIES, LLC, Defendants, Case No.
23-07002 (Bankr. S.D. Tex.), Chief Judge Eduardo V. Rodriguez of
the United States Bankruptcy Court for the Southern District of
Texas denied Rodolfo Plascencia, Sr., and WNGU Properties, LLC's
emergency motion for a stay pending appeal of the Bankruptcy
Court's Order signed on August 21, 2025, ordering the payment of
$35,650.15 in reasonable attorneys' fees and costs to Garcia Grain
Trading Corp.
On March 13, 2024, Defendants filed a single pleading self-styled
as Defendants' Motion for Sanctions Against Plaintiff and
Plaintiff's Counsel Including Under Rule 9011.
On April 11, 2024, this Court issued its order setting an in-person
hearing for May 17, 2025, in McAllen, Texas, wherein the Court
ordered that counsel for Defendants Rodolfo Plascencia Sr. and WNGU
Properties, LLC and counsel for Plaintiff Garcia Grain Trading
Corp. must appear in person.
On May 17, 2024, the Court held a hearing on the Motion for
Sanctions wherein the Court ordered fee shifting as against
Defendants and further directed Plaintiff to file its fee
application.
On August 1, 2024, the Court issued an order cancelling the August
2, 2024, hearing and instead issued its show cause order for
September 6, 2024, wherein Rodolfo Plascencia, Sr. and WNGU
Properties, LLC were to show cause as to why the Court should not
order fee shifting as against Rodolfo Plascencia, Sr., and WNGU
Properties, LLC, for its acts related to withdrawing, without
notice, its Motion for Sanctions as against Garcia Grain Trading
Corp. and its counsel David Langston on the date of the scheduled
hearing that occurred on May 17, 2024.
The Court ordered the parties to appear in person causing
Plaintiff's Counsel to travel from Lubbock, Texas, to McAllen,
Texas, and incur substantial expenses in not only responding to the
Motion for Sanctions, but preparing for, traveling to, and
appearing at the hearing. Providing advance notice of their intent
to withdraw their Motion for Sanctions but not in fact withdrawing
it prior to the hearing clearly caused Plaintiffs to incur
substantial expenses and expend substantial time in preparing and
defending a serious matter that remained live on the Court's
docket.
Defendants contend that if they have not made a prima facie case
for lack of bad faith, they alternatively have a substantial case
on the merits involving a serious legal question with the balance
of equities weighing heavily in favor of granting the stay. But
Defendants have failed to present any evidence showing that this
sanction dispute involves a serious legal question, or that the
balance of equities tips in favor of granting the stay, the Court
finds.
Defendants also argue that the $35,650.15 in damages ordered by the
Court is incommensurate with the nature of the violation and should
be reduced. But this Court has already determined that $35,650.15
is the reasonable and necessary cost of defending against the
Motion for Sanctions. According to the Court, Defendants have
failed to show why this amount is improper.
Defendants provided absolutely no evidence or witnesses whatsoever
in support of this factor. Accordingly, the Court concludes
Defendants have not established a substantial likelihood of success
on their appeal.
The Court finds Defendants have not established that they will
suffer irreparable harm if the stay pending appeal is denied. They
also failed to establish that Plaintiff will not be substantially
harmed if a stay pending appeal is not granted.
The Court also finds Defendants have failed to demonstrate that the
granting of a stay pending appeal would be in the public's
interest. Defendants have failed to meet even a single factor in
this emergency proceeding that they requested. Accordingly the
Emergency Motion for Stay will be denied.
Defendants and their counsel are admonished to comply with the
Federal Rules of Evidence in any matter that this Court sets for
evidentiary hearing, failure of which Defendants and their counsel
may be subject to further orders of this Court including an order
for show cause as to why they should not be held in civil contempt
of this Court and subject to sanctions under this Court's inherent
powers and statutory authority provided by 11 U.S.C.A. Sec. 105(a).
A copy of the Court's Memorandum Opinion is available at
https://urlcurt.com/u?l=6SInHO from PacerMonitor.com.
About Garcia Grain Trading Corp.
Garcia Grain Trading Corp.'s line of business includes buying and
marketing grain, dry beans, soybeans, and inedible beans. The
company is based in Donna, Texas.
Garcia Grain Trading sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Case No. 23-70028) on Feb. 17,
2023, with $10 million to $50 million in both assets and
liabilities. Octavio Garcia, chief executive officer and president,
signed the petition.
Judge Eduardo V. Rodriguez oversees the case.
David R. Langston, Esq., at Mullin Hoard & Brown, LLP represents
the Debtor as legal counsel.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
Jordan & Ortiz, P.C. serves as the committee's legal counsel.
GRADY'S HARDWARE: Gets Interim OK to Use Cash Collateral
--------------------------------------------------------
Grady's Hardware, Inc. received interim approval from the U.S.
Bankruptcy Court for the District of Minnesota to use cash
collateral to fund operations.
The court's interim order authorized the Debtor to use cash
collateral in line with its filed budget projections until the
final hearing on October 14.
As adequate protection, secured creditors will be granted
replacement liens on assets acquired by the Debtor that are similar
to their pre-bankruptcy collateral. These replacement liens do not
attach to Chapter 5 avoidance claims.
In addition, the Debtor was ordered to keep its assets insured as
additional protection to secured creditors and pay Red Iron
Acceptance, LLC the purchase cost of any Toro-branded unit that is
sold.
The three secured creditors with potential claims on the cash
collateral are: Red Iron Acceptance ($12,177) with a lien on
Toro-branded inventory and proceeds; and Spartan Business
Solutions, LLC ($2,902) and Top Choice Financial, LLC ($40,882),
both holding liens on personal property.
As of the petition date, the Debtor had $1,000 in cash and
$15,120.62 in deposit accounts. This is expected to rise to $59,072
by the time of the final hearing, with further fluctuations
projected through the end of 2025. All liquid cash and deposits
stem from store inventory sales, which means ongoing operations are
critical to preserving and generating further value.
About Grady's Hardware Inc.
About Grady's Hardware, Inc. sought protection under U.S.
Bankruptcy Code (Bankr. D. Minn. Case No. 25-43090) on September
22, 2025, listing up to $500,000 in assets and up to $1 million in
liabilities. Shawn Grady, president and owner of About Grady's
Hardware, signed the petition.
Judge Mychal A. Bruggeman oversees the case.
Mary Sieling, Esq., at Sieling Law, PLLC, represents the Debtor as
bankruptcy counsel.
GULF STATES: Seeks to Hire Stichter Riedel as Legal Counsel
-----------------------------------------------------------
Gulf States Performance LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Alabama to hire Stichter,
Riedel, Blain & Postler, P.A. to serve as legal counsel in its
Chapter 11 case.
The firm will provide these services:
(a) rendering legal advice with respect to the Debtor's powers
and duties as debtor in possession;
(b) preparing on behalf of the Debtor necessary motions,
applications, orders, reports, pleadings, and other legal papers;
(c) appearing before the Court and the Bankruptcy
Administrator to represent and protect the interests of the
Debtor;
(d) assisting with and participating in negotiations with
creditors and other parties in interest in formulating a chapter 11
plan, drafting such a plan, and taking necessary legal steps to
confirm such a plan;
(e) representing the Debtor in all adversary proceedings,
contested matters, and matters involving administration of this
case; and
(f) performing all other legal services that may be necessary
for the proper preservation and administration of this Chapter 11
case.
Stichter Riedel will receive compensation based on its ordinary
hourly rates, including:
$650 for Harley E. Riedel;
$550 for Charles A. Postler;
$495 for Scott A. Stichter;
$475 for Elena P. Ketchum;
$450 for Stephen R. Leslie, Dan R. Fogarty, and Michael
Bachman;
$425 for Barbara A. Hart, Matt B. Hale, and Jodi D.
Dubose;
$400 for Michael Wynn, $300 for Alma C. Torres and
Nicole Jones;
$275 for Melanie Foley (paralegal); and
$250 for Susan Jeffcoat (paralegal).
The firm received $27,000 on account of prepetition services and as
a retainer for postpetition services, of which $12,008.50 was
applied to prepetition services, leaving a balance of $14,991.50
toward postpetition fees and costs.
Stichter Riedel 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:
Jodi Daniel Dubose, Esq.
STICHTER, RIEDEL, BLAIN & POSTLER, P.A.
440 Bayfront Parkway
Pensacola, FL 32502
Telephone: (850) 637-1836
E-mail: jdubose@srbp.com
About Gulf States Performance
Gulf States Performance, LLC, doing business as Floyd's
Performance, provides automotive repair and performance upgrade
services, including custom exhaust work and fleet maintenance. The
Company serves individual vehicle owners and local businesses in
Baldwin County.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ala. Case No. 25-12354) on September
2, 2025, with $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. Mark Jones, president, signed the
petition.
Jodi Daniel Dubose, Esq., at Stichter, Riedel, Blain, & Postler
P.A. represents the Debtor as legal counsel.
GULF STREAM: Hires Wade Kelly LLC as Legal Counsel
--------------------------------------------------
Gulf Stream Manor MHC, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Louisiana, Lake Charles Division,
to hire Wade Kelly LLC to serve as legal counsel in its Chapter 11
case.
The firm will provide these services:
(a) provide legal advice to the Debtor and Debtor-in-Possession in
connection with the Chapter 11 case;
(b) prepare on behalf of the Debtor and Debtor-in-Possession the
necessary documents for the Chapter 11 filing;
(c) represent the Debtor in defense of a pre-petition state court
injunction proceeding that has been stayed; and
(d) perform such other legal services for the Debtor and
Debtor-in-Possession as may be necessary in the course of the
case.
Wade N. Kelly, Esq. will receive an hourly rate of $400 together
with reimbursable expenses.
Wade N. Kelly is a "disinterested person" within the meaning of
Section 327 of the Bankruptcy Code, according to court filings.
The firm can be reached at:
Wade N. Kelly, Esq.
WADE KELLY LLC
2201 Oak Park Boulevard
Lake Charles, LA 70601
Telephone: (337) 431-7170
E-mail: wade@packardlaw.com
About Gulf Stream Manor MHC, LLC
Gulf Stream Manor MHC, LLC sought protection under Chapter 11 of
the Bankruptcy Code (Bankr. W.D. La. Case No. 25-20473) on
September 25, 2025. At the time of the filing, Debtor had estimated
assets of between $1,000,001 and $10 million and liabilities of
between $1,000,001 and $10 million.
Judge John Kolwe oversees the case.
Packard Lapray is Debtor's legal counsel.
HALL OF FAME: Merger With HOFV Holdings Gets Shareholder Approval
-----------------------------------------------------------------
Hall of Fame Resort & Entertainment Company, a Delaware
corporation, reconvened its special meeting of stockholders, which
was initially held on September 16, 2025.
An aggregate of 4,172,273 shares of the Company's common stock or
62.1% of the voting authority, constituting a quorum, were
represented virtually, in person, or by valid proxies at the
Reconvened Special Meeting.
At the Reconvened Special Meeting, the Company's stockholders
approved the proposal to adopt the Agreement and Plan of Merger,
dated May 7, 2025, by and among the Company, HOFV Holdings, LLC,
Omaha Merger Sub, Inc., and CH Capital Lending, LLC, solely as
guarantor, pursuant to which Merger Sub will merge with and into
the Company, with the Company surviving such merger as a wholly
owned subsidiary of Parent. The results of the votes were as
follows:
For: 3,396,118
Against: 733,949
Abstentions: 42,206
Broker Non-Votes: 0
The consummation of the Merger remains subject to the satisfaction
or waiver of the conditions set forth in the Merger Agreement by
the parties thereto.
About Hall of Fame Resort
Hall of Fame Resort & Entertainment Co. is a resort and
entertainment company leveraging the power and popularity of
professional football and its legendary players in partnership with
the National Football Museum, Inc., doing business as the Pro
Football Hall of Fame. Headquartered in Canton, Ohio, the Company
owns the DoubleTree by Hilton located in downtown Canton and the
Hall of Fame Village, which is a multi-use sports, entertainment,
and media destination centered around the PFHOF's campus.
Cleveland, Ohio-based Grant Thornton LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated March 26, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has sustained recurring losses through December 31, 2024 and
utilized cash from operations of $10.9 million during the year
ended December 31, 2024. The Company has $109.5 million of debt due
through December 31, 2025, and will need to raise additional
financing to accomplish its development plans and fund its working
capital. These conditions, along with other matters, raise
substantial doubt about the Company's ability to continue as a
going concern.
As of Dec. 31, 2024, the Company had $366.7 million in total
assets, $294.5 million in total liabilities, and a total equity of
$72.2 million. As of June 30, 2025, the Company had $360.5 million
in total assets, $315.7 million in total liabilities, and $44.8
million in total equity.
HARADA FAMILY: Kapitus Loses Bid to Stay Arbitration Ruling
-----------------------------------------------------------
In the adversary proceeding captioned as HARADA FAMILY DENTAL CARE,
P.C., Plaintiff v. STRATEGIC FUNDING SOURCE, INC, D/B/A KAPITUS
SERVICING INC. and KAPITUS SERVICING INC., AS SERVICING AGENT FOR
KAPITUS LLC, Defendants, Adv. No. 4:25-ap-04001-BPH (Bankr. D.
Mont.), the Honorable Benjamin P. Hursh of the United States
Bankruptcy Court for the District of Montana denied the request of
Kapitus to stay the Court's order denying its motion to compel
arbitration.
In this adversary proceeding, Kapitus filed a motion to compel
arbitration on April 16, 2025. This Court entered an order denying
the Arbitration Motion on July 1, 2025. Kapitus filed a Notice of
Appeal and a Motion for Leave to Appeal Interlocutory Order on July
15, 2025, respectively. On the same day, Kapitus filed a Motion to
Stay Pending Appeal. Harada filed an objection to the Stay Motion
on July 29, 2025. A hearing was held on the Stay Motion on Aug. 29,
2025.
Kapitus was included on Harada's schedules and received notice of
the underlying bankruptcy case. Consistent with the notice of case
filing, Kapitus filed a proof of claim. According to the Claim,
Kapitus was owed $110,898.85 on the petition date. Harada objected
to the Claim on Feb. 5, 2025.
The Claim Objection disputed:
(i) the value of Harada's alleged security;
(ii) the validity of Kapitus's security interest; and
(iii) argued that the Claim is subject to offset because the
underlying transaction was usurious and subject to a penalty for
usury. Kapitus's response to the Claim Objection was due March 7,
2025.
Prior to March 7, 2025, Harada filed this adversary proceeding. In
this adversary action, Harada requests: declaratory relief
regarding choice of law; declaratory relief and a finding that the
transaction is a loan; declaratory relief and a finding that the
loan is usurious under Mont. Code. In the prayer for relief, Harada
seeks the statutory penalty for usury, which is forfeiture of a sum
double the amount of interest to be paid under the loan. Harada
calculates that amount to be $231,662.12.
Kapitus failed to respond to the Claim Objection. As a result, the
Court sustained the Claim Objection. The amended plan provides that
Class 3 unsecured claimants will receive a pro rata share of
Harada's projected disposable income plus any surplus of the funds
(after payment of Class 4 unsecured claims) resulting from Harada's
usury claim against Kapitus. Under the plan's definitions, the
Claim was a disputed claim.
A stipulation between the parties was approved, and the Plan was
confirmed.
A pretrial scheduling conference was held in this adversary
proceeding on May 14, 2025. Shortly before the conference, the
Arbitration Motion was filed. At the pretrial conference, the
Arbitration Motion was discussed and Kapitus expressed the need for
a speedy resolution. The Court concurred and indicated its
willingness to set the trial on an expedited basis. Kapitus
refused, explaining that their client's interest in arbitration was
not limited to efficiency and speediness of trial.
The Court held a hearing on the Arbitration Motion on June 27,
2025. Because these matters are core proceedings and arbitration
would circumvent the objectives of the bankruptcy code, the Court
declines to enforce the arbitration agreement.
The decision to stay proceedings pending appeal is distilled into
four factors:
(1) Whether the stay applicant has made a strong showing that he
is likely to succeed on the merits;
(2) Whether the applicant will be irreparably injured absent a
stay;
(3) Whether issuance of the stay will substantially injure the
other parties interested in the proceeding; and
(4) Where the public interest lies.
The Court's determination that the issues are core and its exercise
of discretion to deny the Arbitration Motion are not likely to be
reversed on appeal because its analysis was anchored in controlling
law.
In this case, the Court is not convinced there is any likelihood of
irreparable injury.
The Court agrees that Harada will likely suffer little injury from
a stay pending appeal, subject to an exception. Kapitus has little
to gain from a stay except their "mere preference" to proceed with
arbitration.
The Court finds the public interest weighs against staying the
proceedings pending appeal. In the underlying bankruptcy, there are
ten other creditors awaiting the outcome of this adversary
proceeding. These parties consented to the confirmation of a plan
with the understanding that claims would be resolved expeditiously
in this adversary proceeding. According to the Court, it does not
serve their interest to prolong their uncertainty pending appeal,
while they receive 2.24 cents on the dollar. Ultimately, it is the
other unsecured creditors that benefit from the Claim Objection,
not the Debtor, the Court concludes.
In weighing these factors, the Court finds that factors 1, 2, and 4
all weigh against granting a stay pending appeal. Accordingly, the
Stay Motion will be denied.
A copy of the Court's Memorandum of Decision is available at
https://urlcurt.com/u?l=KSaie3 from PacerMonitor.com.
About Harada Family Dental Care
Harada Family Dental Care, P.C. is a privately owned dental group.
Harada Family Dental Care filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. D. Mont. Case No.
24-40076) on Nov. 22, 2024, listing $73,202 in assets and
$1,174,825 in liabilities. The petition was signed by Christopher
W. Harada as president.
The Debtor tapped James A. Patten, Esq. at Patten, Peterman,
Bekkedahl & Green as counsel and Lindsey Kellam, CPA, at Scharfe,
Kato & Company PC as accountant.
HEADWAY WORKFORCE: Seeks to Extend Plan Exclusivity to December 1
-----------------------------------------------------------------
Headway Workforce Solutions, Inc. and its affiliates asked the U.S.
Bankruptcy Court for the Eastern District of North Carolina to
extend their exclusivity periods to file a plan of reorganization
and obtain acceptance thereof to December 1, 2025 and January 30,
2026, respectively.
Since the Petition Date, the Debtors have expended significant time
and effort to negotiate and obtained a consensual resolution for
initial post-petition financing, finalized the sale of certain
limited assets and have continued the negotiation of a term sheet
for a potential plan of reorganization that preserves the tax
attributes of the Debtors.
The Debtors explain that they have also filed motions relating to
notice requirements for trading in equity and claims, seeking
approval of compensation for employees and rejecting the Debtors'
nonresidential leases. Moreover, the creditors' committee is also
in the process of collecting discovery and investigating potential
claims during the court-approved challenge period.
Since requesting the first extension, the Debtors have also begun
the process of circulating and receiving feedback from interested
parties on the terms of a second post-petition financing and have
drafted and circulated a draft plan to the potential DIP lender.
The Debtors anticipate they will be circulating an updated draft of
the proposed plan of reorganization to the Committee shortly.
Accordingly, because the Debtors have made significant progress
under difficult circumstances in these chapter 11 cases and
continue to work diligently, collaboratively and efficiently
towards what they hope will be a consensual resolution of these
chapter 11 cases, the Debtors believe that an additional 60-day
extension of each of the Exclusivity Periods is warranted.
This is the Debtors' second request for an extension of the
Exclusivity Periods. An order allowing the extensions as requested
in this application will not prejudice any party and is in the best
interests of the estates and all parties in interest. Further, the
Official Committee of Unsecured Creditors has consented to the
requested relief.
Counsel to the Debtors:
Jason L. Hendren, Esq.
Rebecca Redwine Grow, Esq.
Benjamin E.F.B. Waller, Esq.
Lydia C. Stoney, Esq.
Hendren, Redwine & Malone, PLLC
4600 Marriott Drive, Suite 150
Raleigh, NC 27612
Tel: (919) 573-1422
Fax: (919) 420-0475
Email: jhendren@hendrenmalone.com
rredwine@hendrenmalone.com
bwaller@hendrenmalone.com
lstoney@hendrenmalon.com
and
Kirk B. Burkley, Esq.
Bernstein-Burkley, PC
601 Grant Street, 9th Floor
Pittsburg, PA 15219
Tel: (412) 456-8100
E-mail: kburkley@bernsteinlaw.com
About Headway Workforce Solutions
Headway Workforce Solutions, Inc., sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No.
25-01682-5-JNC) on May 5, 2025. In the petition signed by Brendan
Flood, chief executive officer, the Debtor disclosed up to $50
million in both assets and liabilities.
Judge Joseph N. Callaway oversees the case.
Rebecca Redwine Grow, Esq., at Hendren, Redwine & Malone, PLLC, is
the Debtor's legal counsel.
Noor Staffing Group, LLC, as DIP lender, is represented by:
Pamela P. Keenan, Esq.
Kirschbaum, Nanney, Keenan & Griffin, P.A.
PO Box 19766
Raleigh, NC 27619-9766
Telephone: (919) 848-0420
Facsimile: (919) 848-8755
Email: pkeenan@kirschlaw.com
HERTZ CORP: BlackRock FRA Marks $190,000 Loan at 17% Off
--------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $190,000 loan extended to Hertz Corp to market at
$157,872 or 83% of the outstanding amount, as of June 30, 2025,
according to a disclosure contained in BlackRock FRA's Form N-CSR
for the Fiscal year ended June 30, 2025, filed with the Securities
and Exchange Commission.
BlackRock FRA is a participant in a 2021 Term Loan C to Hertz Corp.
The loan accrues interest at a rate of 8.04% (3-mo. CME Term SOFR +
3.76%) per annum. The loan matures on June 30, 2028.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Hertz is a global car rental company.
HERTZ CORP: BlackRock FRA Marks $970,000 Loan at 17% Off
--------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $970,000 loan extended to Hertz Corp to market at
$804,177 or 83% of the outstanding amount, as of June 30, 2025,
according to a disclosure contained in BlackRock FRA's Form N-CSR
for the Fiscal year ended June 30, 2025, filed with the Securities
and Exchange Commission.
BlackRock FRA is a participant in a 2021 Term Loan B to Hertz Corp.
The loan accrues interest at a rate of 8.04% (3-mo. CME Term SOFR +
3.76%) per annum. The loan matures on June 30, 2028.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
Hertz is a global car rental company.
HOLLYWOOD EXCAVATING: Daniel Etlinger Named Subchapter V Trustee
----------------------------------------------------------------
The Acting U.S. Trustee for Region 21 appointed Daniel Etlinger of
Underwood Murray, P.A. as Subchapter V trustee for Hollywood
Excavating of Florida, LLC.
Mr. Etlinger will be paid an hourly fee of $350 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Etlinger declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Daniel E. Etlinger
Underwood Murray, P.A.
100 N. Tampa Street, Suite 2325
Tampa Florida 33602
(813) 540-8401
Email: detlinger@underwoodmurray.com
About Hollywood Excavating of Florida
Hollywood Excavating of Florida, LLC filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. N.D. Fla. Case No.
25-50192) on September 24, 2025, with $100,001 to $500,000 in
assets and $500,001 to $1 million in liabilities.
Robert C. Bruner, Esq., at Bruner Wright, P.A. represents the
Debtor as legal counsel.
HOOTERS OF AMERICA: Seeks to Extend Plan Exclusivity to Nov. 26
---------------------------------------------------------------
Hooters of America, LLC, and its affiliated debtors asked the U.S.
Bankruptcy Court for the Northern District of Texas to extend their
exclusivity periods to file a plan of reorganization and obtain
acceptance thereof to November 26, 2025 and January 25, 2026,
respectively.
The Debtors explain that the wide scope of their operational
footprint and the size of their capital structure signal that the
Debtors must navigate a number of complex issues during these
Chapter 11 Cases. Courts have acknowledged that the size and
complexity of a debtor's case alone may provide cause for extending
a debtor's exclusivity periods. Certainly, the size and complexity
of these Chapter 11 Cases alone provide sufficient cause for the
Court to extend the Exclusivity Periods.
The Debtors claim that they are not seeking an extension of the
Exclusivity Periods to pressure or prejudice any of their
stakeholders. The Third Amended Plan enjoys the broad support of
the Debtors' key stakeholders, including the Ad Hoc Group, the DIP
Lenders, and the Committee, and the Debtors have consistently
sought to build further consensus among their stakeholders.
Additionally, the Debtors have been responsive to numerous
diligence demands, disseminating information as requested by their
creditors.
The Debtors note that they have paid their postpetition debts in
the ordinary course of business or as otherwise provided by Court
order. The Debtors will continue to pay their bills in the ordinary
course as they become due and owing.
The Debtors assert that they seek to maintain exclusivity so
parties with competing interests do not impede the Debtors' pursuit
of the highly consensual, value-maximizing restructuring
transactions contemplated by the RSA and Third Amended Plan.
Extending the Exclusivity Periods benefits all parties in interest
by preventing the drain on time and resources that inevitably
occurs when multiple parties with potentially diverging interests
vie for the consideration of their own respective plans.
Moreover, even if the Court approves an extension of the
Exclusivity Periods, nothing prevents parties in interest from
later arguing to the Court that cause supports termination of the
Debtors' exclusivity should such cause arise. Accordingly, an
extension of the Exclusivity Periods is in the best interest of the
Debtors' estates, their creditors, and all other parties in
interest.
The Debtors' Co-Bankruptcy Counsel:
Holland N. O'Neil, Esq.
Stephen A. Jones, Esq.
Zachary C. Zahn, Esq.
FOLEY & LARDNER LLP
2021 McKinney Avenue, Suite 1600
Dallas, TX 75201
Tel: (214) 999-3000
Fax: (214) 999-4667
Email: honeil@foley.com
sajones@foley.com
zzahn@foley.com
The Debtors' General Bankruptcy Counsel:
Ryan Preston Dahl, Esq.
ROPES & GRAY LLP
1211 Avenue of the Americas
New York, New York 10036
Tel: (212) 596-9000
Fax: (212) 596-9090
ryan.dahl@ropesgray.com
- and -
Chris L. Dickerson, Esq.
Rahmon J. Brown, Esq.
Michael K. Wheat, Esq.
ROPES & GRAY LLP
191 North Wacker Drive, 32nd Floor
Chicago, Illinois 60606
Tel: (312) 845-1200
Fax: (312) 845-5500
Email: chris.dickerson@ropesgray.com
rahmon.brown@ropesgray.com
michael.wheat@ropesgray.com
About Hooters of America
Hooters of America, LLC, owner and operator of a restaurant chain
with hundreds of locations in the United States, and its affiliates
filed voluntary petitions for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80078) on March
31, 2025.
Founded in 1983, the Debtors own and operate Hooters, a renowned
brand in the casual dining and sports entertainment industries.
Their global portfolio includes 151 company-owned and operated
locations and 154 franchised locations across 17 countries. Known
for their world-famous chicken wings, beverages, live sports, and
legendary hospitality, the Debtors also partner with a major food
products licensor to offer Hooters-branded frozen meals at 1,250
grocery store locations.
The case is before the Hon. Scott W Everett.
The Debtors Co-Bankruptcy Counsel are Holland N. O'Neil, Esq.,
Stephen A. Jones, Esq., and Zachary C. Zahn, Esq., at FOLEY &
LARDNER LLP, in Dallas, Texas.
The Debtors' General Bankruptcy Counsel are Ryan Preston Dahl,
Esq., at ROPES & GRAY LLP, in New York, and Chris L. Dickerson,
Esq., Rahmon J. Brown, Esq., and Michael K. Wheat, Esq., at ROPES &
GRAY LLP, in Chicago, Illinois. The Debtors' Investment Banker is
SOLIC CAPITAL, LLC. The Debtors' Financial Advisor is ACCORDION
PARTNERS, LLC.
The Debtors' Notice, Claims, Solicitation & Balloting Agent is
KROLL RESTRUCTURING ADMINISTRATION LLC.
HOPSCOTCH HEALTH: Hires Langley & Banack as Legal Counsel
---------------------------------------------------------
Hopscotch Health Children's Urgent Care, PLLC seeks approval from
the U.S. Bankruptcy Court for the Western District of Texas, San
Antonio Division, to hire Langley & Banack, Inc. to serve as legal
counsel in its Chapter 11 case.
Langley & Banack, Inc. will provide these services:
(a) give the Debtor legal advice with respect to its duties and
powers in this case;
(b) handle all matters which come before the Court in this case;
and
(c) represent the Debtor in Possession of the bankruptcy estate,
ensuring that management acts in the best interest of the estate.
William R. Davis, Jr., attorney with the firm, will receive an
hourly rate of $425.
The firm has requested a retainer of $20,000. A retainer of $9,000
has been paid, of which $7,908.40 was offset against pre-petition
legal services and expenses, leaving a balance of $1,091.60.
Langley & Banack, Inc. represents that it is a "disinterested
person" within the meaning of Section 327(a) of the Bankruptcy
Code, and neither holds nor represents an interest adverse to the
estate.
The firm can be reached at:
William R. Davis, Jr., Esq
LANGLEY & BANACK, INC.
745 E. Mulberry, Suite 900
San Antonio, TX 78212
Telephone: (210) 736-6600
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 24, 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.
HOPSCOTCH HEALTH: Michael Colvard Named Subchapter V Trustee
------------------------------------------------------------
The U.S. Trustee for Region 7 appointed Michael Colvard as
Subchapter V trustee for Hopscotch Health Children's Urgent Care,
PLLC.
Mr. Colvard will charge $400 per hour for his services as
Subchapter V trustee and $150 per hour for his support staff. The
trustee will also seek reimbursement for work-related expenses
incurred.
Mr. Colvard declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Michael Colvard
Weston Centre
112 East Pecan St., Ste. 1616
San Antonio, TX 78205
Email: mcolvard@mdtlaw.com
Telephone: (210) 220-1334
About Hopscotch Health Children's Urgent Care
Hopscotch Health Children's Urgent Care, PLLC filed a petition
under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. W.D.
Texas Case No. 25-52216) on September 24, 2025, listing between
with $100,001 and $500,000 in assets and between $1 million and $10
million in liabilities.
Judge Craig A. Gargotta presides over the case.
William R. Davis, Jr., Esq., at Langley & Banack, Inc. represents
the Debtor as legal counsel.
HORNBLOWER GROUP: Court Rules on Argonaut Subrogation Claims
------------------------------------------------------------
Judge Marvin Isgur of the United Bankruptcy Court for the Southern
District of Texas granted in part and denied in part the motion of
Hornblower Consulting, LLC and its debtor affiliates for summary
judgment on their objection to Argonaut Insurance Company's
indemnification claims and subrogation claims, including the
asserted priority status of the subrogation claims.
Hornblower operated cruise, ferry, and maritime services
internationally. Before filing for chapter 11 protection, various
Hornblower entities purchased surety bonds from Argonaut with an
aggregate penal sum of $51,980,304.00. In connection with these
bonds, multiple Hornblower entities entered into a General
Indemnity Agreement with Argonaut. Hornblower Group, Inc. also
entered into a Collateral Security Agreement with Argonaut that
secured Hornblowers' obligations under the Indemnity Agreement with
approximately $5 million of collateral.
The claims relate to surety bonds issued on behalf of Hornblower by
Argonaut under the Federal Maritime Commission regulations. These
bonds were acquired by:
-- American Queen Steamboat Operating Company, LLC, in the
amount of $32,000,000; and
-- Victory Operating Company, LLC, in the amount of
$7,000,000.
American Queen and Victory were affiliate debtors in the Hornblower
bankruptcy case.
Prior to filing for bankruptcy, Hornblower cancelled all cruises
operated by American Queen Steamboat Operating Company, LLC and
Victory Operating Company, LLC. Passengers were entitled to a
refund of payments made for such cruises.
On May 2, 2024, Argonaut filed proofs of claim against 12
Hornblower affiliates in the aggregate amount of $51,980,304.
These claims assert two theories of liability against Hornblower:
(1) contractual and common law indemnity claims partially
secured by collateral, and
(2) subrogation rights based on potential payments Argonaut may
make in the future to Hornblower's customers.
As of July 18, 2025, Argonaut received about 5,037 claims from AQV
passengers based on the AQV bonds. About 4,126 of the 5,037 claims
were resolved either through payment, withdrawal, or denial.
Argonaut has paid 2,046 of the claims in the aggregate amount of
about $20,233,929.80. About 911 of the received claims remained
pending as of July 18, 2025.
On June 7, 2024, the Court confirmed Hornblower's Chapter 11 Plan
of Reorganization, with a July 3, 2024 effective date. When the
Court confirmed the plan, the Court held that Argonaut's
subrogation rights were not entitled to priority under 11 U.S.C.
Sec. 507(d). Argonaut appealed solely on that issue and sought a
stay pending appeal, which was denied.
Claim Objections
Hornblower seeks summary judgment holding that:
(1) Argonaut's Indemnification Claims are disallowed;
(2) the Subrogation Claims are not entitled to priority under 11
U.S.C. Sec. 507; and
(3) the Subrogation Claims are General Unsecured Claims, treated
under Class 5 of the Plan.
Hornblower argues that Argonaut's indemnification claims should be
disallowed because Argonaut asserts subrogation claims for the same
debts. But under Sec. 509(a), Argonaut only has subrogation rights
with respect to the AQV passenger claims that have been paid.
Judge Isgur explains, "As of July 18, 2025, Argonaut was still in
the process of reconciling claims by AQV passengers. Argonaut had
paid [2,046] claims but still had over one thousand outstanding
claims to reconcile. As of that date, Argonaut's right to
subrogation existed with respect to the 2,046 claims that had been
paid. Under Sec. 502(e)(1)(C), Argonaut may not simultaneously
assert indemnification and subrogation for the same obligations.
Accordingly, the indemnification claims corresponding to the 2,046
paid claims are disallowed."
The Court notes that Argonaut had the right to either
indemnification or to subrogation. It could have elected either
remedy. But, when it asserts both remedies for the same payment,
Secs. 502(e) and 509, read together, mandate that the subrogation
claim is allowed and the indemnification claim is disallowed.
With respect to the subrogation claims for which Argonaut has not
paid AQV passengers, those subrogation claims remain contingent and
must be disallowed under Sec. 502(e)(1)(B).
Ultimately, the Court must disallow indemnification claims
corresponding to the fixed subrogation claims at this time.
Disallowance of the indemnification claims is without prejudice.
Under Sec. 502(j), Argonaut may seek reconsideration of the
allowance or disallowance of claims as circumstances change.
The parties dispute whether Argonaut's subrogation claims are
entitled to priority under Sec. 507. According to the Court,
although Sec. 1129(a)(9)(B) requires full payment of Sec. 507(a)(7)
deposit claims, Sec. 507(d) strips Argonaut, as the subrogee, of
these priority rights. The Court finds Argonaut's Subrogation
Claims are not entitled to priority.
The parties dispute whether Argonaut's subrogation claims are
secured by Collateral. The General Indemnity Agreement obligates
Hornblower to indemnify Argonaut for "any and all Losses" arising
from its issuance of surety bonds. The Collateral Security
Agreement grants Argonaut a first-priority security interest in
certain collateral to enforce that indemnity. Argonaut contends
that its subrogation rights fall within the General Indemnity
Agreement's definition of "Losses."
According to Judge Isgur, "The language of the Collateral Security
Agreement only secures Hornblower's obligations to Argonaut under
the General Indemnity Agreement. Those rights are separate and
distinct from subrogation, which arises under Sec. 509 of the Code.
While Argonaut's subrogation rights are preserved under the
Agreement, a subrogee cannot obtain greater rights than its
subrogor had, regardless of whether the subrogation is equitable or
conventional. In this case, the subrogors are the AQV passengers
who hold unsecured refund claims. Because Argonaut steps into the
shoes of the AQV passengers once it pays on the bond, Argonaut's
subrogation claims are likewise unsecured."
Whether Argonaut has security was determined by the Confirmation
Order. It has not been appealed. The Court must enforce the
Confirmation Order. Argonaut's subrogation rights are unsecured,
the Court finds.
A copy of the Court's Memorandum Opinion is available at
https://urlcurt.com/u?l=XXC3XR from PacerMonitor.com.
About Hornblower Group
Hornblower Group -- http://www.hornblowercorp.com-- is a global
leader in experiences and transportation. Hornblower Group's
corporate businesses are comprised of two premier experience
divisions: City Experiences, its land- and water-based experiences
as well as ferry and transportation services; and Journey Beyond,
Australia's leading experiential travel group. Spanning a 100-year
history, Hornblower Group's portfolio of international offerings
includes water-based experiences (dining and sightseeing cruises),
land-based experiences (walking tours, food tours and excursions),
overnight experiences (cruises and railways) and ferry and
transportation services. Hornblower Marine, a subsidiary of
Hornblower Group, provides vessel outhaul and maintenance services
at Bridgeport Boatworks in Bridgeport, Connecticut. Additionally,
Anchor Operating System, LLC, a subsidiary of Hornblower Group and
independent entity, provides reservation, ticketing and website
integration services for clients in the transportation, tourism and
entertainment industries. Today, Hornblower Group's global
portfolio covers 114 countries and territories, 125 U.S. cities and
serves more than 30 million guests annually. Headquartered in San
Francisco, California, Hornblower Group's additional corporate
offices reside in Adelaide, Australia; Boston, Massachusetts;
Chicago, Illinois; London, United Kingdom; New York, New York;
Dublin, Ireland; and across Ontario, Canada.
Hornblower Holdings, LLC and its affiliates filed Chapter 11
petitions (Bankr. S.D. Tex. Lead Case No. 24-90061) on Feb. 21,
2024. At the time of the filing, Hornblower reported $500 million
to $1 billion in assets and $1 billion to $10 billion in
liabilities. The Hon. Bankruptcy Judge Marvin Isgur oversees the
case.
The Debtors tapped Paul, Weiss, Rifkind, Wharton & Garrison, LLP
and Porter Hedges, LLP as bankruptcy counsel; Borden Ladner
Gervais, LLP as Canadian counsel; Guggenheim Securities, LLC as
investment banker; and Alvarez & Marsal North America, LLC as
restructuring advisor. Omni Agent Solutions, Inc., served as the
Debtor's notice and claims agent and administrative advisor. RSM
US LLP and RSM Canada LLP, served as the Debtors' audit and tax
services and Selendy Gay PLLC, as special litigation counsel to the
Debtors.
Davis Polk advised Crestview Advisors, LLC. and its affiliated
funds in connection with Hornblower's restructuring. Prepetition,
Crestview held the majority of Hornblower's existing equity as well
as substantial amounts of its funded indebtedness.
On March 5, 2024, the Office of the United States Trustee appointed
an official committee of unsecured creditors in these Chapter 11
cases. The Creditors' Committee retained Pachulski Stang Ziehl &
Jones LLP, as counsel; M3 Advisory Partners, LP, as financial
advisor; and Raymond James & Associates, Inc. as valuation
advisor.
On June 7, 2024, the Court confirmed Hornblower's Chapter 11 Plan
of Reorganization, with a July 3, 2024 effective date.
HUDSON PACIFIC: S&P Alters Outlook to Stable, Affirms 'CCC' ICR
---------------------------------------------------------------
S&P Global Ratings affirmed its 'CCC' issue-level rating on Hudson
Pacific Properties Inc.'s (HPP) preferred stock.
S&P said, "We revised the outlook to stable from negative,
reflecting our view of the company's improved liquidity position
and eased refinancing concerns. The stable outlook also
incorporates our view that HPP's portfolio will likely continue to
be challenged despite improved leasing activity. We forecast S&P
Global Ratings-adjusted debt to EBITDA will remain around 13x in
2025 before declining to around 12x in 2026."
HPP recent refinancing efforts have reduced its near-term
refinancing risk and improved its liquidity position.
HPP has addressed much of its near-term debt maturities and
reducing refinancing risk. During the second quarter of 2025 the
company fully repaid its Series B, Series C, and Series D notes for
a total of $465 million. In August 2025 it completed the
refinancing of its 1918 Eighth mortgage loan, which resulted in an
extended maturity of August 2030. More recently, HPP completed its
unsecured credit facility amendment and extension, which was set to
mature at the end of this year. The amendment initially increases
borrowings to $795 million (from $775 million), with a maturity of
December 2026, after which permitted borrowings will fall to $462
million, with a maturity of December 2029 (which includes two
six-month extension options). As a result, the company does not
have any unsecured maturities until November 2027, when its $400
million notes mature. Furthermore, in June 2025 the company raised
$690 million from a public equity offering, using proceeds
primarily to repay its unsecured revolving credit facility,
allowing it to maintain an unsecured revolver and have additional
flexibility for future refinancings, if needed.
In sum, S&P believes near-term refinancing concerns have been
significantly reduced, prompting us to revise its liquidity
assessment on HPP to adequate from less than adequate.
Leverage remains elevated due to pressured operating performance
across its office and studio segments. As of June 30, 2025, the
company's S&P Global Ratings-adjusted debt to EBITDA was 12.8x, an
increase from 10.7x a year prior. Similarly, S&P Global
Ratings-adjusted fixed-charge coverage (FCC) declined to 1.4x from
1.7x over the same time frame. The company's EBITDA has declined as
operating performance across its portfolio has remained weak amid
secular headwinds and evolving industry dynamics. At the same time,
interest rates remain elevated amid macroeconomic uncertainty,
which has limited transaction activity and pressured FCC. S&P said,
"We expect S&P Global Ratings-adjusted debt to EBITDA will remain
in the 13x area through year-end 2025 before declining to the 12x
area in 2026, which assumes office occupancy begins to improve in
the second half of 2025 and studio production ramps up slightly. At
the same time, we expect S&P Global Ratings-adjusted FCC to remain
in the mid- to high-1x range over the next two years."
Operating performance across HPP's portfolio continues to be
pressured amid ongoing office and studio headwinds. As of June 30,
2025, the company's same-property office portfolio was 75.1%
occupied and 76.2% leased, compared to 78.7% and 80.0%,
respectively, a year prior. Similarly, its same-property studio
portfolio was 63.0% leased, compared to 76.1% a year prior, a
decline S&P attributes largely to its Sunset Glenoaks development
being placed into service during the second quarter.
HPP has faced significant lease expirations over the past few
years, which has led to large declines in occupancy given
challenging West Coast office market fundamentals, including low
retention rates and a large amount of competitive space. As of June
30, 2025, HPP's office lease expirations represented 4.1% of
annualized base rent (ABR) remaining in 2025, 12.0% in 2026, and
13.7% in 2027. On a positive note, the company has posted recent
strong quarters of leasing, executing on 72 new and renewal leases
totaling 558,055 square feet during the second quarter. If HPP
continues its strong recent cadence of leasing activity amid
upcoming lease expirations, it may be able to strengthen occupancy
modestly during the remainder of this year and into 2026.
During the six months ended June 30, 2025, same-property net
operating income (NOI) decreased 12.5% on a cash basis, primarily
due to lower office occupancy. The weakened studio business
performance has also pressured operating performance and NOI as
industry dynamics remain uncertain and production activity
continues to be significantly below peak levels--although S&P
expects it will increase over the next year or two, the timing and
visibility into improving studio performance is also uncertain.
That said, HPP has been proactive in cutting costs, which should
modestly offset pressure to studio revenues.
S&P said, "The stable outlook reflects our view that the company's
liquidity position has improved, and refinancing concerns have
eased. The stable outlook also incorporates our view that HPP's
portfolio will likely continue to be challenged, although leasing
activity has increased. We forecast S&P Global Ratings-adjusted
debt to EBITDA will remain around 13x in 2025 before declining to
around 12x in 2026."
S&P could lower its ratings on HPP if:
-- It's unable to successfully refinance its upcoming debt
maturities, heightening liquidity and capital structure concerns;
-- Its operating performance deteriorates beyond our current
projections, with occupancy failing to improve from current levels,
or a potential increase in cash flow volatility caused by pressure
in the studio business; or
-- S&P Global Ratings-adjusted debt to EBITDA rises to and is
sustained above 13x, or FCC deteriorates below 1.3x over the next
12 to 24 months.
S&P said, "We could also lower the issue-level ratings on HPP's
unsecured notes with no subsidiary guarantees if our estimate of
recovery prospects for bondholders decreases below 70%, likely
because the company refinances maturities with a higher proportion
of secured debt."
S&P could raise its ratings on HPP if:
-- It is able to successfully refinance its upcoming debt
maturities such that its weighted average maturity of debt
comfortably exceeds three years;
-- It maintains a strong leasing cadence and effectively manages
upcoming lease expirations while materially improving economic
occupancy; and
-- It strengthens credit protection measures such that it sustains
S&P Global Ratings-adjusted debt to EBITDA at or below 11x, with
FCC sustained at or above 1.7x.
I-ON DIGITAL: Signs Deal With GGBR for Goldfish Stablecoin
----------------------------------------------------------
I-ON Digital Corp. announced a transformative long-term agreement
with GGBR Inc., a Wyoming-based company launching the innovative
Goldfish gold-backed stablecoin. This strategic partnership marks a
significant milestone in I-ON Digital's mission to bridge
traditional finance (TradFi) and decentralized finance (DeFi)
through secure, transparent, and compliant digital asset
solutions.
Under the terms of the agreement, I-ON Digital will monetize its
flagship ION.au, gold-asset-backed security (ABS), a
regulatory-compliant asset tied to in-situ gold reserves. During
the current 3rd quarter operating period, I-ON began recording
initial proceeds from Goldfish pre-sales, enabling the company,
among other related benefits, to build a robust Bitcoin and
Ethereum reserve, diversifying its asset portfolio and
strengthening its balance sheet with related cash flow. The
collaboration with GGBR Inc. leverages I-ON's proprietary hybrid
blockchain and smart contract technologies to support the Goldfish
stablecoin, which represents 1/1000th of a troy ounce of
LBMA-priced gold, at approximately USD $3.65, and offers, through
the ION.au staking process, 5:1 collateral coverage for enhanced
stability.
"Goldfish is very different from any other stablecoin," stated
Peter Mikhailenok, President of GBBR, Inc., the developer of the
Goldfish token. "It's the synthesis of two titans: the timeless,
anti-inflationary store of value that is gold, and the unparalleled
flexibility and security of modern decentralized finance. By
partnering with I-ON Digital Corp. and leveraging their ION.au
reserves, we've built a foundation for trust, growth, and
meaningful participation in the digital economy."
"This partnership with GGBR Inc. represents a pivotal step in
redefining the gold marketplace through digital innovation," said
Carlos Montoya, CEO of I-ON Digital Corp. "By monetizing our ION.au
gold-backed assets and securing early proceeds from Goldfish
pre-sales, we are not only enhancing our financial position with a
Bitcoin and Ethereum reserve and increased cash flow but also
empowering GGBR's Goldfish stablecoin to deliver broad access to
gold-backed digital assets for investors worldwide. This aligns
perfectly with our vision of creating a transparent, compliant,
asset-backed, and interoperable decentralized finance (DeFi)
ecosystem."
GGBR Inc.'s Goldfish stablecoin is designed for crypto-native
investors seeking hard-asset stability and on-chain transparency.
With features like 24/7 liquidity on major exchanges, physical
redemption options through regulated dealers, and real-time price
stability via proof-of-reserves oracles, Goldfish is poised to set
a new standard for gold-backed digital assets. I-ON Digital's
infrastructure, including its institutional-grade Digital Asset
Platform (DAP) and smart contract proof-of-reserve (POR) systems,
will ensure seamless integration and compliance for this
groundbreaking stablecoin.
The agreement is expected to drive significant revenue streams for
I-ON Digital, further solidifying its position as a trusted
infrastructure provider for the evolving digital finance landscape.
By combining I-ON's expertise in in-situ gold digitization with
GGBR's innovative stablecoin framework, this partnership is set to
unlock new opportunities in digital asset banking, offering
fractional ownership and liquidity to investors of all sizes.
For more information about I-ON Digital Corp. and its
transformative digital asset solutions, visit
https://iondigitalcorp.com/. To learn more about the Goldfish
stablecoin, visit https://goldfishgold.com/.
About I-On Digital Corp.
Headquartered in Chicago, IL, I-ON develops and provides advanced
asset-digitization and securitization solutions designed to deliver
a secure, fast, and transparent digital asset ecosystem. The
Company converts documentary evidence of ownership into secure,
asset-backed digital certificates, enhancing liquidity and value
across a range of asset classes. Its hybrid blockchain architecture
integrates smart contracts and workflow automation, augmented by
artificial intelligence technologies. This system enables the
digitization of ownership records for recoverable gold, precious
metals, and mineral reserves, supporting value transfer through
innovative financial instruments.
In its report dated April 10, 2025, the Company's auditor, Mac
Accounting Group & CPAs, LLP, issued a "going concern"
qualification attached to the Company's Annual Report on Form 10-K
for the year ended Dec. 31, 2024, citing that the Company has
limited revenues and has suffered recurring losses from operations
that raise substantial doubt about its ability to continue as a
going concern.
As of Dec. 31, 2024, I-ON Digital reported total assets of $18.42
million, total liabilities of $2.64 million, and total
stockholders' equity of $15.78 million. At the end of the year, the
Company held $270,095 in cash.
IMMANUEL SOBRIETY: No Patient Care Concern, 12th PCO Report Says
----------------------------------------------------------------
Tamar Terzian, the court-appointed patient care ombudsman, filed
with the U.S. Bankruptcy Court for the Central District of
California her 12th report for the period July 1 to October 1
regarding Immanuel Sobriety Inc.'s healthcare facility.
The PCO physically conducted visits to all facilities in addition
to verification of licensing, staffing and assuring compliance with
the Department of Health Care Services. The PCO observed generally
at each location that all medication was properly labeled and
stored for the participants. For each location, there is a
designated staff area that has the medication and files for each
participant. Overall, the PCO finds Immanuel Sobriety is in
compliance and no complaints or issues to report for the interim
reporting period.
The PCO finds that all medication logs at the Male Detox Facility
(Winton location) are properly maintained by staff and executed by
staff after supervising the participants taking of the medication.
The safety binders are properly updated, and the office was locked
only available for staff. The medications are properly labeled,
with two participants only on medication.
Ms. Terzian conducted a tour of the Male Sober Living Facility
(Anira location). Medication was properly labeled and stored with
only access by the staff. At the time of the site visit, there were
10 participants present. Through medical and IHP, participants will
have other medication if necessary prescribed. No concerns noted.
The PCO visited the Sober Living Facility (Aqueduct location), with
five participants present at the time of her visit. The home was
clean and fully supplied in the kitchen for participants to prepare
their own meals. All exits and emergency signs were properly
placed. No concerns noted.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=QIihH8 from PacerMonitor.com.
The ombudsman may be reached at:
Tamar Terzian, Esq.
Terzian Law Group
1122 E. Green Street
Pasadena, CA 91106
Telephone: (818) 242-1100
Facsimile: (818) 242-1012
Email: tterzian@terzlaw.com
About Immanuel Sobriety
Immanuel Sobriety Inc. provides drug and alcohol rehabilitation
programs and treatment services.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. C.D. Calif. Case No. 23-10806) on March 2,
2023. In the petition signed by its chief executive officer,
Elizabeth Reid, the Debtor disclosed up to $500,000 in assets and
up to $1 million in liabilities.
Judge Wayne Johnson oversees the case.
The Law Office of Crystle J. Lindsey represents the Debtor as legal
counsel.
Tamar Terzian is the patient care ombudsman appointed in the
Debtor's Chapter 11 case.
IMPRO SYNERGIES: Hires Wharton Law as Special Counsel
-----------------------------------------------------
Impro Synergies LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Florida (West Palm Beach Division) to
hire Wharton Law PLLC to serve as special counsel in its Chapter 11
case.
Wharton Law will provide these services:
(a) represent the Debtor in the administrative proceeding before
the U.S. Department of Housing and Urban Development's
administrative court captioned In the Matter of Glorieta Partners
Ltd. and Impro Synergies LLC, Docket No. 24-JM-0383-CM-002;
(b) prepare for and appear at the administrative hearing scheduled
for November 2025;
(c) attend related pre-hearing conferences and file necessary
pleadings in the HUD administrative forum; and
(d) perform all related services connected with the HUD Action.
Wharton Law will receive hourly rates of $975 for partners, $850
for associates, and $550 for paralegals. Its proposed $200,000
retainer and all fees will be paid by Debtor's majority member,
Jatha, LLC, not from estate funds, and Jatha, LLC will not assert
an administrative or other claim against Debtor or the estate for
such payment.
Wharton Law PLLC is a “disinterested person” within the meaning
of Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Kendra L. Wharton, Esq.
Wharton Law PLLC
500 S Australian Ave, Ste 600-1139
West Palm Beach, FL 33401
E-mail: k.wharton@whartonlawpllc.com
About Impro Synergies LLC
Impro Synergies LLC sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18274-MAM) on July
21, 2025.
At the time of the filing, Debtor had estimated assets of between
$500,001 and $1 million and liabilities of between $100,001 and
$500,000.
Judge Mindy A. Mora oversees the case.
Mancuso Law, P.A. serves as the Debtor's legal counsel.
IN HOLDINGS: Taps Beach Freeman Lim as Auditing Accountant
----------------------------------------------------------
IN Holdings, Inc. fka Irwin Naturals, a Nevada corporation, and its
affiliates seek approval from the U.S. Bankruptcy Court for the
Central District of California to employ Beach Freeman Lim &
Cleland, LLP as their auditing accountant in their Chapter 11
cases.
BFLC will provide these services:
(a) perform audits of the Debtors' financial statements on a flat
fee basis, including certain non-debtor affiliates and the 401(k)
Plan for IN Nevada;
(b) perform the required audit of the 401(k) Plan for the year
ending December 31, 2024;
(c) charge additional fees if the Debtors changed service
providers during the year ($3,600);
(d) charge additional fees if the Debtors transferred Plan assets
during the year ($2,400–$3,000); and
(e) provide additional financial auditing services not covered by
an approved flat fee agreement, at regular hourly rates.
Compensation terms provide that BFLC will charge the Debtors a flat
fee of $80,000 for the company audit, with an initial retainer of
$15,000 paid pre-petition.
For the 401(k) audit, BFLC will charge $16,500 if information is
received by September 15, 2024; $18,200 if received between
September 16–30, 2024; and $20,400 if received between October
1–15, 2024.
Hourly rates are:
Partner $495;
Director $440;
Senior Manager $373;
Manager $280;
Senior Associate $230–$240; and
Associate $195.
According to court filings, BFLC is a "disinterested person" within
the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached through Debtors' counsel:
David M. Poitras, Esq.
Susan K. Seflin, Esq.
Ashley M. Teesdale, Esq.
Jessica S. Wellington, Esq.
BG LAW LLP
21650 Oxnard Street, Suite 500
Woodland Hills, CA 91367
Telephone: (818) 827-9000
E-mail: dpoitras@bg.law
sseflin@bg.law
ateesdale@bg.law
jwellington@bg.law
About IN Holdings, Inc.
IN Holdings, Inc. fka Irwin Naturals, a Nevada corporation, along
with its affiliates, sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. C.D. Cal. Case No. 1:24-bk-11323-VK,
jointly administered with Case Nos. 1:24-bk-11324-VK,
1:24-bk-11325-VK, 1:24-bk-11326-VK) on August 9, 2024.
At the time of the filing, Debtors had estimated assets between
$10,000,001 and $50 million and liabilities between $10,000,001 and
$50 million.
Honorable Judge Victoria S. Kaufman oversees the case.
BG LAW LLP serves as the Debtors' legal counsel.
INGENOVIS HEALTH: BlackRock FRA Marks $765,000 Loan at 61% Off
--------------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $765,000 loan extended to Ingenovis Health, Inc to
market at $302,028 or 39% of the outstanding amount, as of June 30,
2025, according to a disclosure contained in BlackRock FRA's Form
N-CSR for the Fiscal year ended June 30, 2025, filed with the
Securities and Exchange Commission.
BlackRock FRA is a participant in a Term Loan B to Ingenovis
Health, Inc. The loan accrues interest at a rate of 8.70% (3-mo.
CME Term SOFR + 4.36%) per annum. The loan matures on March 6,
2028.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
Ingenovis Health is an Ohio based temporary healthcare staffing
agency providing nurses on assignments to hospitals and medical
centers, including both traditional and fast response staffing,
across the US. The company also supplies nurses during strikes and
provides interventional cardiologists for rural and remote
hospitals. Ingenovis is majority owned by Cornell and Trilantic
Capital Partners (the Investor Group).
INTERNATIONAL LAND: Obtains $100K Proceeds From Vista Capital Note
------------------------------------------------------------------
International Land Alliance, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission dated
September 26, 2025, that on March 11, 2025, the Company issued to
Vista Capital Investments, LLC, a California limited liability
company, a $110,000 principal amount convertible promissory note.
The Company received $100,000 of gross proceeds from the sale of
the Note.
The principal amount of the Note (together with accrued interest)
matures on March 11, 2026. The Note has an original issue discount
of $10,000 and bears interest at a rate of 12% per annum.
Upon an event of a default under the Note, the amount owing shall
increase to 125% of the outstanding balance and a daily penalty of
$500 shall accrue. The Note contains standard and customary events
of default including but not limited to:
(i) failure to make payments when due under the Note,
(ii) failure to timely issue shares upon conversion of the
Note,
(iii) failure to maintain its periodic filing requirements as a
public company, and
(iv) bankruptcy or insolvency of the Company.
The Note is convertible, at the holder's option at any time, into
shares of the Company's Common Stock at a conversion price equal to
$0.35 per share. However, the holder of the Note will not have the
right to convert any portion of the Note if the holder, together
with its affiliates, would beneficially own in excess of 4.99% of
the number of shares of the Common Stock outstanding immediately
after giving effect to its conversion.
About International Land Alliance
San Diego, Calif.-based International Land Alliance, Inc. was
incorporated under the laws of the State of Wyoming on September
26, 2013. The Company is a residential land development company
with target properties located in the Baja California, Northern
region of Mexico and Southern California. The Company's principal
activities are purchasing properties, obtaining zoning and other
entitlements required to subdivide the properties into residential
and commercial building plots, securing financing for the purchase
of the plots, improving the properties' infrastructure and
amenities, and selling the plots to homebuyers, retirees,
investors, and commercial developers.
Henderson, Nev.-based Bush & Associates CPA LLC, the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated May 21, 2025, attached to the Company's Annual Report
on Form 10-K for the year ended December 31, 2024, citing that the
Company has suffered substantial net losses and negative cash flows
from operations in recent years and is dependent on debt and equity
financing to fund its operations, all of which raise substantial
doubt about the Company's ability to continue as a going concern.
As of June 30, 2025, the Company had $30.6 million in total assets,
$17.3 million in total liabilities, and $12.7 million in total
equity.
KDC SOLAR: Employs Leslie Cohen Law as Legal Counsel
----------------------------------------------------
KDC Solar Madera LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of California to employ Leslie Cohen Law,
PC to serve as bankruptcy counsel in its Chapter 11 case.
The Firm will provide these services:
(a) advise regarding the Debtor's rights and responsibilities as a
Chapter 11 debtor and a debtor in possession;
(b) advise and assist the Debtor in connection with the
preparation of certain documents to be filed with the Bankruptcy
Court and/or the Office of the United States Trustee;
(c) represent the Debtor, with respect to bankruptcy issues, in
the context of its pending Chapter 11 case and represent the Debtor
in contested matters as would affect the administration of the
Debtor's case, except to the extent that any such proceeding
pertains to excluded services or requires expertise in areas
outside of the Firm's expertise;
(d) advise, assist and represent the Debtor in the negotiation,
formulation and attempted confirmation of a plan of reorganization;
and
(e) render services for the purpose of pursuing, litigating and/or
settling litigation as may be necessary and appropriate in
connection with this case, including without limitation objections
to claims.
The Firm's hourly rates are:
Leslie Cohen $650
J'aime Williams Kerper $475
Senior Contract Attorneys $350
Paralegal - $195
Legal Administrator $125
The Firm received a pre-petition retainer totaling $96,738 (in
addition to pre-petition fees and costs paid in the amount of
$15,934.50) paid by the Debtor's parent company, TRITEC Americas
LLC. Of this amount, $5,876 was expended on pre-petition fees and
the Chapter 11 filing fee, with the balance of $90,862 to be held
in trust. TRITEC Americas LLC and/or David Trepeck, the Debtor's
Managing Director, will also pay ongoing fees and costs once the
retainer is exhausted.
According to court filings, Leslie Cohen Law, PC is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached at:
Leslie A. Cohen, Esq.
J'aime Williams Kerper, Esq.
LESLIE COHEN LAW, PC
1615-A Montana Avenue
Santa Monica, CA 90403
Telephone: (310) 394-5900
Facsimile: (310) 394-9280
E-mail: leslie@lesliecohenlaw.com
jaime@lesliecohenlaw.com
About KDC Solar Madera LLC
KDC Solar Madera LLC develops and operates solar power facilities
in the United States focusing on commercial and industrial solar
energy projects.
KDC Solar Madera LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Cal. Case No. 25-03862) on September
19, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge J. Barrett Marum handles the case.
The Debtor is represented by Leslie Cohen, Esq. of LESLIE COHEN LAW
PC.
KID FRIENDLY: Hires Gertz & Rosen as Legal Counsel
--------------------------------------------------
Kid Friendly Academy LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Ohio to hire Peter G. Tsarnas of
Gertz & Rosen, Ltd. to serve as legal counsel in its Chapter 11
case.
Gertz & Rosen will provide these services:
(a) render general legal services to the Debtor as needed
throughout the course of the Chapter 11 case;
(b) provide bankruptcy, general business, and litigation
assistance and advice;
(c) maintain detailed records of actual and necessary costs and
expenses incurred in connection with these legal services; and
(d) represent the Debtor in all matters necessary in the Chapter
11 case.
Mr. Tsarnas will receive hourly compensation at the following
rates: Marc P. Gertz $395, Peter G. Tsarnas $295, Colin G. Skinner
$250, Stacey Hackenberg $250, and Paralegals $75.
The Debtor paid Gertz & Rosen an $8,738 security retainer on July
25, 2025, and an $8,000 security retainer on August 6, 2025, with
approximately $8,769.71 remaining as of the Petition Date.
According to court filings, Gertz & Rosen, Ltd. is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Peter G. Tsarnas, Esq.
GERTZ & ROSEN, LTD.
159 S. Main Street, Suite 400
Akron, OH 44308
Telephone: (330) 255-0735
Facsimile: (330) 932-2367
E-mail: ptsarnas@gertzrosen.com
About Kid Friendly Academy LLC
Kid Friendly Academy, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. N.D. Ohio Case No.
25-51632) on September 22, 2025, with $50,001 to $100,000 in assets
and $500,001 to $1 million in liabilities.
Judge Alan M. Koschik presides over the case.
Peter G. Tsarnas, Esq., at Gertz & Rosen, Ltd. represents the
debtor as legal counsel.
KIM ENGINEERING: Gets OK to Use Cash Collateral Until Oct. 31
-------------------------------------------------------------
Kim Engineering, Inc. received a one-month extension from the U.S.
Bankruptcy Court for the District of Maryland, Greenbelt Division,
to use cash collateral to fund operations.
The court's interim order extended the Debtor's authority to use
cash collateral from September 30 to October 31 in accordance with
its monthly budget (subject to a 10% variance), which projects
total operational expenses of $558,771.96.
The Debtor previously received approval to access cash collateral
from September 1 to 30.
As adequate protection, secured creditors the Internal Revenue
Service and the Maryland Tax Department will receive monthly
payments of $10,000 and $5,000, respectively. The IRS will also be
granted a replacement lien on the Debtor's after-acquired
property.
Meanwhile, the Debtor was ordered to fully pay Prince George's
County, Maryland, on its secured tax claims, including all accrued
interest and penalties, upon confirmation of a Chapter 11 plan.
Prince George's County holds a statutory first-priority lien on the
Debtor's personal property.
The Debtor's cash collateral consists of monthly operating income
of approximately $574,361, recovered funds from a previously frozen
PNC account ($145,200), post-petition receivables mistakenly
deposited into an owner's personal account ($19,200.90), potential
recoveries from UCC lien creditors' preference payments ($150,802),
and withheld funds from Block, Inc. ($11,548).
The only secured creditors identified are the IRS and the
Comptroller of Maryland, with total outstanding tax liens exceeding
$11 million, secured by virtually all of the Debtor's assets.
However, because the total asset value is only approximately $6.2
million, these tax creditors are undersecured. Several other
creditors have filed UCC-1 financing statements but due to their
junior position, they are considered unsecured.
About Kim Engineering
Inc.
Kim Engineering Inc. is a professional engineering services firm
based in Laurel, Maryland.
The Debtor sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Md. Case No. 25-16453) on July 15, 2025. In its
petition, the Debtor reports estimated assets between $1 million
and $50 million and estimated liabilities between $10 million and
$50 million.
Judge Lori S. Simpson oversees the case.
The Debtor is represented by Weon G. Kim, Esq., at Weon G. Kim Law
Office.
KOLSTEIN MUSIC: Cash Collateral Hearing Set for Oct. 15
-------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division, is set to hold a hearing on October 15 to
consider another extension of Kolstein Music, Inc.'s authority to
use cash collateral.
The Debtor's authority to use cash collateral pursuant to the
court's third interim order expires on October 15.
The third interim order signed by Judge Tiffany Geyer authorized
the Debtor to use cash collateral to pay the amounts expressly
authorized by the court; the expenses set forth in the budget, plus
an amount not to exceed 10% for each line item; and additional
amounts subject to approval by secured creditor, the U.S. Small
Business Administration.
As adequate protection for the Debtor's use of their cash
collateral, SBA and other secured creditors were granted a
perfected post-petition replacement lien on the cash collateral,
with the same validity, priority and extent as their pre-bankruptcy
lien.
In addition, the Debtor was ordered to keep its property insured in
accordance with its loan and security agreements with secured
creditors.
About Kolstein Music Inc.
Kolstein Music, Inc. filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03511) on
June 8, 2025, listing up to $1 million in both assets and
liabilities. Andrew Layden serves as Subchapter V trustee.
Judge Tiffany P. Geyer oversees the case.
The Debtor is represented by:
Daniel A. Velasquez, Esq.
Latham, Luna, Eden & Beaudine, LLP
Tel: 407-481-5800
dvelasquez@lathamluna.com
LESLIE WESSINGER: Seeks Subchapter V Bankruptcy in North Carolina
-----------------------------------------------------------------
On September 29, 2025, Leslie Wessinger, D.D.S. P.A. filed Chapter
11 protection in the Western District of North Carolina. According
to court filing, the Debtor reports $3,319,659 in debt owed to 1
and 49 creditors. The petition states funds will be available to
unsecured creditors.
About Leslie Wessinger, D.D.S. P.A.
Leslie Wessinger, D.D.S. P.A., doing business as Leslie Wessinger,
D.D.S., P.L.L.C., operates Biltmore Avenue Family Dentistry, a
dental practice providing comprehensive family dental services. The
practice offers preventive care, including cleanings, oral exams,
x-rays, fluoride treatments, and periodontal assessments, as well
as restorative and cosmetic procedures such as fillings, crowns,
bridges, dental implants, and teeth whitening. It provides
specialized pediatric preventive care, including sealants and
fluoride varnish, and manages conditions such as bruxism through
bite and night guards.
Leslie Wessinger, D.D.S. P.A. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. N.C. Case No.
25-10178) on September 29, 2025. In its petition, the Debtor
reports total assets of $1,663,808 and total liabilities of
$3,319,659.
Honorable Bankruptcy Judge George R. Hodges handles the case.
The Debtor is represented by Richard S. Wright, Esq. of MOON WRIGHT
& HOUSTON, PLLC.
LILLY INDUSTRIES: Amends SBA Secured Claim Pay Details
------------------------------------------------------
Lilly Industries Inc., d/b/a The Slab Studio, LM, submitted a
Combined Second Amended Plan and Disclosure Statement dated
September 24, 2025.
Under the Plan, the Debtor proposes to reorganize around the
operation of a component of its business, the natural stone
business, while abandoning all assets and business related to
artificial stone, which products are the source of allegations
relating to alleged silica exposure liability.
The Debtor had, in fact, ceased all sales and use of artificial
stone well before the Petition Date. The Debtor, maintaining its
current management and ownership, will operate the natural stone
business and from that business pay under the Plan an amount (1) in
excess of the estimated liquidation value of its assets; and (2) an
amount, over the five-year plan period, that is not less than the
projected disposable income of the Debtor during the five-year Plan
period.
After payments of Allowed Administrative Claims and Unclassified
Claims of the Estate, the Payments to holders of Allowed Claims
will be in the order of their priority under the Bankruptcy Code
and applicable law beginning with Secured Claims, Priority Claims,
and General Unsecured Claims.
Class 1 consists of the Secured Claim of SBA. Beginning on the
first Business Day that is 15 days after the Effective Date, the
SBA will be paid regular monthly cash payments equal to the
remaining Allowed amount of its Secured Claim, which is anticipated
to be $340,875.00 on the Confirmation Date, bearing interest at 6.5
percent over 10 years until paid in full. The SBA's Unsecured
Deficiency Claim will be classified as a Class 3 General Unsecured
Claim in the amount of balance owed to the SBA as provided in
section 506(a) of the Bankruptcy Code.
Like in the prior iteration of the Plan, the Debtor will pay in
full satisfaction of each holder's Allowed Class 3 General
Unsecured Claims their Pro Rata share of distributions from the
Remaining Available Cash. The amount, if any, that will be
distributed to holders of Allowed Class 3 General Unsecured Claims
will depend on (1) the amount of Allowed Class 2 Priority Claims
that must be paid in full before holders of Allowed Class 3 General
Unsecured Claims may be paid; and (2) the amount of Class 3 General
Unsecured Claims that will be Allowed following the claims
allowance process, but it is estimated at this time to be
approximately 0-2 percent of each holders' Allowed Class 3 General
Unsecured Claim.
Class 5 shall consist of all Equity Interests in the Debtor. On the
Effective Date, all Equity Interests will be reinstated. Class 5 is
unimpaired under the Plan and deemed to accept the Plan. Holders of
Allowed Class 5 Equity Interests are not entitled to vote to accept
or reject the Plan.
The Debtor has abandoned and will abandon by operation of the Plan
all assets related to its artificial stone business. The Debtor
will remain in possession of the natural stone business and all
other assets of the Estate and will continue to sell its remaining
line of products through its existing marketing channels.
From and after the Effective Date, the Debtor shall exist and
continue to exist as a separate legal entity, with all powers in
accordance with the laws of the State of California and shall be
governed as it was prior to the Petition Date with Josiah Lilly as
its President.
A full-text copy of the Combined Second Amended Plan and Disclosure
Statement dated September 24, 2025 is available at
https://urlcurt.com/u?l=CGnHAo from PacerMonitor.com at no charge.
Counsel to the Debtor:
Brian Rothschild, Esq.
Darren Neilson, Esq.
Parsons Behle & Latimer
201 S. Main Street, Suite 1800
Salt Lake City, UT 84111
Telephone: (801) 532-1234
Facsimile: (801) 536-6111
Email: Rothschild@parsonsbehle.com
About Lilly Industries Inc.
Lilly Industries, Inc. (doing business as The Slab Studio) is a
trade-only gallery that offers architects, contractors, dealers,
and designers access to the finest natural stone and semi-precious
slabs, ensuring a sophisticated, one-of-a-kind viewing experience.
With discerning standards and a global reach, they act as a trusted
partner for those seeking premium materials for high-end design
projects.
Lilly Industries filed Chapter 11 petition (Bankr. C.D. Calif. Case
No. 25-10301) on February 3, 2025, listing between $500,001 and $1
million in assets and between $1 million and $10 million in
liabilities. Robert Goe, Esq., a practicing attorney in Irvine,
Calif., serves as Subchapter V trustee.
Judge Theodor Albert oversees the case.
The Debtor tapped Brian M. Rothschild, Esq., at Parsons Behle &
Latimer as legal counsel and Rocky Mountain Advisory, LLC, as
accounting and financial advisor.
LINQTO TEXAS: Investors Reject Bankruptcy Plan, Propose Rival Deal
------------------------------------------------------------------
Randi Love of Bloomberg Law reports that a group of Linqto Texas
LLC shareholders has lodged an objection to a settlement deal
struck between the fintech startup, its unsecured creditors'
committee, and certain customers.
The shareholders argue the arrangement would limit their recovery
and offered an alternative restructuring approach that they say is
better aligned with stakeholder interests, according to the
report.
Bloomberg Law, citing a court filing, said the
settlement—intended to compensate customers who alleged they were
wrongly told they could invest in hard-to-reach companies like
Ripple -- would effectively block pursuit of other strategies that
might enhance overall estate value. The objection was filed
Wednesday, September in the Southern District of Texas bankruptcy
court.
About Linqto Inc.
Linqto Inc. is a San Jose-based financial technology company
operating in the alternative investment space.
Linqto Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90187) on July 7, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $500 million and $1 billion.
Judge Alfredo R. Perez oversees the case.
The Debtor is represented by Gabrielle A. Hamm, Esq. at Schwartz,
PLLC. Breakpoint Partners LLC is the Debtor's restructuring
advisor. Epiq Corporate Restructuring, LLC is the Debtor's claims
agent. ThroughCo Communications, LLC is the Debtor's public
relations agent.
LITTLE MINT: Plan Exclusivity Period Extended to November 28
------------------------------------------------------------
Judge Joseph N. Callaway of the U.S. Bankruptcy Court for the
Eastern District of North Carolina extended The Little Mint, Inc.'s
exclusive period to file a plan of reorganization to November 28,
2025.
As shared by Troubled Company Reporter, the Debtor explains that an
extension of the exclusivity period will allow the company time to
serve its Amended Plan and Amended Disclosure Statement and ballot
and prepare for confirmation of its Amended Plan. Accordingly,
cause exists to extend the exclusivity period as provided herein.
The Debtor continues to make progress in negotiations with various
creditor constituencies.
The Debtor claims that an order allowing the extensions as
requested in this application will not prejudice any party and is
in the best interests of the Estate and all parties in interest.
The Little Mint Inc. is represented by:
Rebecca Redwine Grow, Esq.
Jason L. Hendren, Esq.
Benjamin E.F.B. Waller, Esq.
Lydia C. Stoney, Esq.
Hendren, Redwine & Malone PLLC
4600 Marriott Drive Suite 150
Raleigh, NC 27612
Telephone: (919) 420-7867
Facsimile: (919) 420-0475
Email: jhendren@hendrenmalone.com
rredwine@hendrenmalone.com
bwaller@hendrenmalone.com
lstoney@hendrenmalone.com
About The Little Mint Inc.
The Little Mint Inc., doing business as Hwy 55 Burgers Shakes &
Fries, owns multiple Hwy 55 Burgers, Shakes & Fries restaurants.
The Little Mint Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 24-04510) on Dec. 31,
2024. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between $10
million and $50 million.
Judge Joseph N. Callaway presides over the case.
Rebecca F. Redwine, Esq. of HENDREN, REDWINE & MALONE, PLLC
represents the Debtor as counsel.
LOCUST HOMES: Seeks Chapter 7 Bankruptcy in Connecticut
-------------------------------------------------------
On September 29, 2025, Locust Homes LLC initiated a voluntary
Chapter 7 bankruptcy in the District of Connecticut. Court records
show debts ranging from $1 million to $10 million, with a reported
creditor count of 1 to 49.
About Locust Homes LLC
Locust Homes LLC is a single asset real estate company.
Locust Homes LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. D. Conn. Case No. 25-30922) on September
29, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Ann M. Nevins handles the case.
The Debtor is represented by Mark M. Kratter, Esq. of Law Offices
Of Mark M. Kratter, LLC.
LUXURBAN HOTELS: Court Stays ZCAP, et al. Lawsuit Due to Bankruptcy
-------------------------------------------------------------------
Judge Paul A. Engelmayer of the United States District Court for
the Southern District of New York stayed the case captioned as ZCAP
EQUITY FUND LCC and ROSS MARCHETTA, individually and on behalf of
all others similarly situated, Plaintiffs, -v- LUXURBAN HOTELS
INC., BRIAN FERDINAND, and SHANOOP KOTHARI, Defendants, Case No.
24-cv-01030 (S.D.N.Y.) under 11 U.S.C. Sec. 362.
On Sept. 22, 2025, defendant Lux Urban Hotels Inc. filed a notice
of suggestion of Chapter 11 bankruptcy. However, no suggestion of
bankruptcy has been filed as to defendants Brian Ferdinand and
Shanoop Kothari. Automatic stays under 11 U.S.C. Sec. 362 are
generally limited to debtors and do not encompass non-bankrupt
co-defendants. In limited circumstances, automatic stays can apply
to non-debtors, but normally only when a claim against the
non-debtor will have an immediate adverse economic consequence for
the debtor's estate.
The Court therefore directs plaintiffs and the individual
defendants to file letters addressing whether this action should
also be stayed as to Ferdinand and Kothari. The letters should
address whether the claims against either or both individual
defendants will have any immediate adverse consequences for
LuxUrban's estate. The individual defendants' letter, if any, was
due by Oct. 1, 2025. Plaintiffs must file their response by Oct.
8.
The Court adjourned the in-person initial pretrial conference from
Oct. 2 to Oct. 15 at 11 a.m. In addition to filing pretrial
conference materials in accordance with the Court's Individual Rule
2(B), the parties should be prepared to address, at the conference,
whether this action should be stayed as to the individual
defendants.
A copy of the Court's Order is available at
https://urlcurt.com/u?l=Sn4Ini from PacerMonitor.com.
About LuxUrban Hotels Inc.
LuxUrban Hotels Inc. is a New York, NY-based hotel operator.
LuxUrban Hotels Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-12000) on September
14, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $10 million and $50 million.
The Debtor is represented by Leo Jacobs, Esq., at Jacobs P.C. The
Debtor's Financial Adviser/CRO is David Goldwasser of FIA Capital.
Omni Agent Solutions is the Debtor's Claims Agent.
M&K ACTIVE: Gets Interim OK to Use Cash Collateral
--------------------------------------------------
M&K Active Transport, LLC received interim approval from the U.S.
Bankruptcy Court for the Northern District of Georgia, Atlanta
Division, to use cash collateral to fund operations.
The court's interim order authorized the Debtor to use cash
collateral generated from its business operations in line with its
submitted budget, allowing up to 15% line-item adjustments and
carryover of unused amounts. It also authorized payment of
obligations to utility service providers, taxing authorities, and
insurers.
The Debtor projects total monthly operational expenses of
$47,524.63.
As adequate protection, creditors Apex Commercial Capital, Alliance
Funding Group and Corporation Service Company, as representative,
will be granted replacement liens on the Debtor's post-petition
assets, with the same validity and priority as their pre-bankruptcy
liens. The replacement liens do not apply to any Chapter 5 causes
of action.
To maintain cash flow, all accounts receivable must be paid
directly to the Debtor despite any contrary creditor demands,
according to the interim order.
The next hearing is scheduled for November 4.
About M&K Active Transport
M&K Active Transport, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-60477) on
September 11, 2025, with $50,001 to $100,000 in assets and $500,001
to $1 million in liabilities.
Judge Barbara Ellis-Monro presides over the case.
Thomas T. McClendon, Esq., at Jones & Walden, LLC represents the
Debtor as legal counsel.
MAGENTA SECURITY: BlackRock FRA Marks $385,314 Loan at 17% Off
--------------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $407,000 loan extended to Magenta Security Holdings LLC
to market at $321,486 or 83% of the outstanding amount, as of June
30, 2025, according to a disclosure contained in BlackRock FRA's
Form N-CSR for the Fiscal year ended June 30, 2025, filed with the
Securities and Exchange Commission.
BlackRock FRA is a participant in a 2024 Second OUT Term Loan to
Magenta Security Holdings LLC. The loan accrues interest at a rate
of 11.29% (3-mo. CME Term SOFR at 0.75% floor+ 7.01%) per annum.
The loan matures on July 27, 2028.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Magenta Security Holdings LLC operates as a holdings company that
was formed to hold a substantial portion of the overall Magenta
Buyer LLC's collateral.
MAGENTA SECURITY: BlackRock FRA Marks $451,000 Loan at 54% Off
--------------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $451,000 loan extended to Magenta Security Holdings LLC
to market at $207,314 or 46% of the outstanding amount, as of June
30, 2025, according to a disclosure contained in BlackRock FRA's
Form N-CSR for the Fiscal year ended June 30, 2025, filed with the
Securities and Exchange Commission.
BlackRock FRA is a participant in a 2024 Second out Term Loan to
Magenta Security Holdings LLC. The loan accrues interest at a rate
of 11.54% (3-mo. CME Term SOFR at 0.75% floor+ 7%, pik) per annum.
The loan matures on July 27, 2028.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
Magenta Security Holdings LLC operates as a holdings company that
was formed to hold a substantial portion of the overall Magenta
Buyer LLC's collateral.
MARIANAS PROPERTIES: Asset Sale Proceeds to Fund Plan Payments
--------------------------------------------------------------
Marianas Properties, LLC filed with the U.S. Bankruptcy Court for
the District of Guam a Disclosure Statement for the Plan of
Liquidation dated September 25, 2025.
The Debtor is a Guam limited liability company formed in 2009.
Mathews Pothen is the sole member of the Debtor.
The Debtor owned and historically operated the Pacific Star Resort
& Spa, a hotel and resort located at 627b Pale San Vitores Road,
Tumon, Guam 96913 (the "Hotel"). The Hotel was independent and was
not affiliated with any hotel franchise. The real estate on which
the Hotel was located is comprised of three lots of land. The
Debtor owned two lots (the "Owned Lots") and leased one lot (the
"Leased Lot").
On September 27, 2024, BOG filed its Motion for Relief from Stay or
in the Alternative for SARE Debtor Designation (the "Stay Relief
Motion"), seeking relief from the automatic stay under section 362
of the Bankruptcy Code to foreclose on the Hotel, or alternatively
for a determination that the Debtor was a single asset real estate
("SARE") entity, as that term is defined in the Bankruptcy Code.
After contested hearings, intense negotiations with BOG, and the
Sale of the Hotel, the Debtor and BOG agreed to resolve the Stay
Relief Motion with a payment of $32,503,544.87 to BOG in exchange
for, among other relief, BOG's agreement to entry of an order by
the Bankruptcy Court's denying the Stay Relief Motion.
After exploring various options, the Debtor determined to pursue an
asset sale (the "Sale") in the Chapter 11 Case. The Bankruptcy
Court authorized the Sale to Cartium Enterprise Guam, LLC, as
assignee of Eastern Contractors Corporation, through its entry of
the Order Granting Motion for Authority to Sell Certain Assets of
Marianas Properties, LLC, to Assume and Assign Certain Unexpired
Leases and Executory Contracts, and to Assign Permits and Licenses
in Relation Thereto (the "Sale Order"). The Sale Closing occurred
on April 3, 2025.
After the Sale, the Debtor negotiated a settlement with BOG
resolving the Stay Relief Motion. In exchange for prompt payment
from the proceeds of the Sale, BOG agreed to stop interest accruals
under the Promissory Note and the Loan Documents, and provided the
Debtor with a payoff amount of $32,503,544.87. On June 4, 2025, the
Bankruptcy Court entered an order granting the 9019 Motion, and the
Debtor subsequently paid BOG $32,503,544.87, in full satisfaction
of BOG's claim.
Class Five consists of General Unsecured Claims, including
Rejection Damages Claims. On, or as soon as reasonably practicable
after, the Effective Date, except to the extent such Holder and the
Debtor agree to a less favorable treatment, each Holder of an
Allowed General Unsecured Claim shall receive payment in full of
its Allowed General Unsecured Claim. The Debtor is not aware of and
does not anticipate any Rejection Damages Claims. Such Claims in
Class Five are, therefore, Unimpaired and not entitled to vote on
the Plan.
The Holders of Interests in Class Seven shall receive and retain
any and all property or interests in property on account of such
Interests. Such Interests in Class Seven are, therefore, Unimpaired
and deemed to accept the Plan pursuant to section 1126(f) of the
Bankruptcy Code.
Section 1129(a)(11) of the Bankruptcy Code requires that
confirmation of a plan is not likely to be followed by the
liquidation, or the need for further financial reorganization, of
the Debtor or any successor to the Debtor. Considerable assets have
been liquidated and converted to Cash in the Chapter 11 Case, and
the Plan provides for the liquidation of any remaining assets and
distribution of the Remaining Estate Funds and Remaining Cash to
Holders of Allowed Claims in accordance with the Plan.
Specifically, the Reorganized Debtor projects that, from the
Remaining Estate Funds and the Remaining Cash, it will have
sufficient Cash to pay Unclassified Claims (including
Administrative Expenses, Professional Fee Claims, the DIP Financing
Claim, U.S. Trustee Fees, and Priority Tax Claims), the SBA Secured
Claim, Allowed Priority Non-Tax Claims, General Unsecured Claims,
and the Estate Expenses, each to the extent required by the Plan.
The Plan, therefore, is feasible.
A full-text copy of the Disclosure Statement dated September 25,
2025 is available at https://urlcurt.com/u?l=B7GhwP from
PacerMonitor.com at no charge.
Marianas Properties, LLC is represented by:
Minakshi V. Hemlani, Esq.
Law Offices Of Minakshi V. Hemlani, P.C.
285 Farenholt Ave., Suite C-312
Tamuning, Guam 96913
Tel: (671) 588-2030
Email: mvhemlani@mvhlaw.net
Andrew C. Helman, Esq.
Dentons Bingham Greenebaum LLP
One City Center, Suite 11100
Portland, ME 04101
Tel: (207) 619-0919
Email: andrew.helman@dentons.com
About Marianas Properties
Marianas Properties, LLC in Tumon, GU, sought relief under Chapter
11 of the Bankruptcy Code filed its voluntary petition for Chapter
11 protection (Bankr. D. Guam Case No. 24-00013) on Sept. 12, 2024,
listing as much as $10 million to $50 million in both assets and
liabilities. Ajay Pothen as president, signed the petition.
Judge Frances M Tydingco-Gatewood oversees the case.
DENTONS BINGHAM GREENEBAUM LLP serves as the Debtor's legal
counsel. LAW OFFICES OF MINAKSHI V. HEMLANI, P.C., is the local
counsel. GIBBINS ADVISORS, LLC is the Debtor's financial advisor.
MARTINS INTERSTATE: To Sell Edgewater Property to Adventure Science
-------------------------------------------------------------------
Martins Interstate Properties LLC seeks permission from the U.S.
Bankruptcy Court for the Middle District of Florida, to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor's Property is located at 500 Pullman Road, Edgewater,
Florida 32132.
The Debtor is a Florida limited liability company, wholly owned and
managed by Roberto Martins. Martins formed the Debtor on July 1,
2020. Martins planned for the Debtor to operate a real estate
business.
The Debtor has operated the real estate business continuously since
July of 2020.
The Debtor obtained a secured loan, as well as tax debt over the
course of the business operations for the past five years. The
Debtor filed its Chapter 11 petition as a result of the inability
to continue to service the debt related to the above obligations.
The Debtor enters into a Purchase and Sale Agreement with Adventure
Science LLC to purchase the Property for $2,100,000.
The Debtor has determined that the sale of the property would
result in an efficient and cost-effective manner of disposing of
the estate’s interest in the assets, while simultaneously
creating a benefit to the bankruptcy estate and creditors of the
Debtor.
The Debtor had undertaken efforts to solicit offers from third
parties prior to the filing of the case and is the best and highest
offer for the corporate assets.
The sale of the property is "As-Is Where Is With All Faults."
The closing will occur within 90 days from the entry of an Order
granting the Motion.
There are two liens on the property as known by the Debtor.
Fairwinds Credit Union first mortgage and the property tax debt.
The Buyer is an uninterested third-party and does not have any
relationship with the Debtor or any estate professionals.
About Martins Interstate Properties LLC
Martins Interstate Properties owns two properties in Edgewater,
Fla., and Matthews, S.C., with a total current value of $1.30
million.
Martins Interstate Properties filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla.
Case No. 24-02516) on May 20, 2024, listing $1,296,406 in assets
and $910,980 in liabilities. Roberto Martins, Sr., manager, signed
the petition.
Judge Tiffany P. Geyer presides over the case.
Bryan K. Mickler, Esq., at the Law Offices of Mickler & Mickler,
LLP represents the Debtor as bankruptcy counsel.
MASS POWER: Court Extends Cash Collateral Access to Oct. 31
-----------------------------------------------------------
The U.S. Bankruptcy Court for the District of Massachusetts issued
a proceeding memorandum and order extending Mass Power Solutions,
LLC's authority to use cash collateral.
The Debtor was authorized to use cash collateral on an interim
basis through October 31 under previously established terms.
The next hearing is scheduled for November 6.
About Mass Power Solutions LLC
Mass Power Solutions, LLC is an electrical contracting company
specializing in renewable energy solutions, including solar project
design, installation, and management, serving both residential and
commercial clients.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-40234) on March 5,
2025. In the petition signed by Ryan Lane, manager, the Debtor
disclosed up to $50,000 in assets and up to $10 million in
liabilities.
Judge Elizabeth D. Katz oversees the case.
John O. Desmond, Esq., represents the Debtor as legal counsel.
MAWSON INFRASTRUCTURE: Celsius Network Wants Chap. 11 Dismissed
---------------------------------------------------------------
Clara Geoghegan of Law360 Bankruptcy Authority reports that the
defunct crypto company Celsius urged that any dismissal of Mawson
Infrastructure's Chapter 11 bankruptcy in Delaware should only
proceed once the Australian liquidator appointed by creditors is
removed.
In its filing, Celsius agreed to the dismissal motion but made its
support conditional upon the removal of the liquidator overseeing
the company's affairs in Australia.
About Mawson Infrastructure Group
Mawson Infrastructure Group specializes in data centers for Bitcoin
miners and AI firms.
Mawson Infrastructure Group's creditors filed a Chapter 11
involuntary petition against the company (Bankr. D. Del. Case No.
24-12726) on Dec. 4, 2024. The petitioning creditors include W
Capital Advisors Pty Ltd, Marshall Investments MIG Pty Ltd, and
Rayra Pty Ltd.
The petitioners' counsel is Robert J. Dehney, Esq., at Morris,
Nichols, Arsht & Tunnell.
Judge Mary F. Walrath handles the case.
MAYS & JEUNE: Section 341(a) Meeting of Creditors on November 6
---------------------------------------------------------------
On September 30, 2025, Mays & Jeune Inc. filed Chapter 11
protection in the Northern District of New York. According to
court filing, the Debtor reports $360,760 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 November
6, 2025 at 02:00 PM at First Meeting Albany.
About Mays & Jeune Inc.
Mays & Jeune Inc. owns commercial and residential properties in
Albany County, New York, including mixed-use buildings at 159 and
171 Central Avenue and a three-unit residential rental at 215
Clinton Avenue. The Company manages storefronts and apartments
across its portfolio.
Mays & Jeune Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D.N.Y. Case No. 25-11127) on September
30, 2025. In its petition, the Debtor reports total assets of
$1,037,300 and total liabilities of $360,760.
Honorable Bankruptcy Judge Patrick G. Radel handles the case.
The Debtor is represented byMichael Boyle, Esq. of BOYLE LEGAL LLC.
MEDICAL SOLUTIONS: BlackRock FRA Marks $611,000 Loan at 58% Off
---------------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $611,000 loan extended to Medical Solutions Holdings,
Inc to market at $257,640 or 42% of the outstanding amount, as of
June 30, 2025, according to a disclosure contained in BlackRock
FRA's Form N-CSR for the Fiscal year ended June 30, 2025, filed
with the Securities and Exchange Commission.
BlackRock FRA is a participant in a 2021 Second Lien Term Loan to
Medical Solutions Holdings, Inc. The loan accrues interest at a
rate of 11.38% (3-mo. CME Term SOFR at 0.50% floor+ 7.10%) per
annum. The loan matures on November 1, 2029.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Medical Solutions Holdings, Inc. operates as a holding company. The
Company, through its subsidiaries, provides clinical and
non-clinical solutions to healthcare clients, such as nursing,
allied, therapy professions, and medical services. Medical
Solutions serves patients worldwide.
MEDICAL SOLUTIONS: BlackRock FRA Marks $889,000 Loan at 48% Off
---------------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $889,000 loan extended to Medical Solutions Holdings,
Inc to market at $460,594 or 52% of the outstanding amount, as of
June 30, 2025, according to a disclosure contained in BlackRock
FRA's Form N-CSR for the Fiscal year ended June 30, 2025, filed
with the Securities and Exchange Commission.
BlackRock FRA is a participant in a 2021 First Lien Term Loan to
Medical Solutions Holdings, Inc. The loan accrues interest at a
rate of 7.88% (3-mo. CME Term SOFR at 0.50% floor+ 3.60%) per
annum. The loan matures on November 1, 2029.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
Medical Solutions Holdings, Inc. operates as a holding company. The
Company, through its subsidiaries, provides clinical and
non-clinical solutions to healthcare clients, such as nursing,
allied, therapy professions, and medical services. Medical
Solutions serves patients worldwide.
MID SOUTH MATTRESS: Unsecureds to Get 100 Cents on Dollar in Plan
-----------------------------------------------------------------
Mid South Mattress Co. filed with the U.S. Bankruptcy Court for the
Eastern District of Tennessee a Subchapter V Plan of Reorganization
dated September 25, 2025.
The Debtor was established as a wholesale mattress manufacturer for
the greater Chattanooga and north Georgia areas. Despite success
throughout the years, Mid South Mattress Co. was dealt various
financial blows throughout the life of a lease dispute with its
current landlord.
On June 27, 2025 (the "Petition Date"), the Debtor filed a
voluntary petition for relief under chapter 11 of the Bankruptcy
Code. After consulting with RMR Legal PLLC, the Debtor commenced
this chapter 11 case to provide the Debtor an opportunity to
stabilize its business and consummate a comprehensive lease related
restructuring transaction that maximizes value and facilitates
go-forward business success.
The Debtor's financial projections show that the Debtor will have
projected disposable income of $147,974.20. The final Plan Payment
is expected to be paid on December 1, 2030, or sixty months after
confirmation.
This Plan of Reorganization proposes to pay creditors of Mid South
Mattress Co. from future income of the Debtor.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 100 cents on the dollar (in full). This Plan also
provides for the payment of administrative and priority claims.
Class 3 consists of All Allowed Non-Priority Unsecured Claims. The
Plan provides a pool of $117,698.59, which represents a 100 percent
dividend to undisputed unsecured creditors, to be paid to the
claimholders in this class. The Debtor shall pay $1,961.64 per
month for sixty months beginning on the Effective Date. This Class
is impaired.
The Debtor will retain all ownership rights in property of the
estate.
The Debtor will continue business operations in order to facilitate
payments sufficient to fund the Plan over sixty months. The CEO of
the Company, Mr. Jody Dunn, will also continue to self-fund
business operations to the extent necessary.
The Debtor proposes to pay a total of $2,320.40 per month for sixty
months which is necessary to pay all administrative costs, priority
claims, and the secured and unsecured claims.
A full-text copy of the Subchapter V Plan dated September 25, 2025
is available at https://urlcurt.com/u?l=MBkyEA from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Roy Michael Roman, Esq.
RMR Legal PLLC
70 N. Ocoee Street
Cleveland, TN 37311
Tel: (423) 528-8484
E-mail: Roymichael@rmrlegal.com
About Mid South Mattress
Mid South Mattress Co., was established as a wholesale mattress
manufacturer for the greater Chattanooga and north Georgia areas.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-11620) on June 27,
2025, listing between $500,001 and $1 million in assets and between
$100,001 and $500,000 in liabilities.
Roy Michael Roman, Esq., at Rmr Legal, PLLC represents the Debtor
as bankruptcy counsel.
MIRION TECHNOLOGIES: S&P Ups Sec. Credit Facilities Rating to 'BB'
------------------------------------------------------------------
S&P Global Ratings raised its issue-level rating on Mirion
Technologies Inc.'s existing $450 million first-lien term loan and
$175 million revolving credit facility to 'BB' from 'BB-'. Mirion
completed the issuance of $375 million of senior unsecured
convertible notes due 2031 and $425 million of common stock which
was used to fully replace the $585 million unfunded committed
Incremental term loan that served as bridge financing for the
acquisition of Paragon Energy Solutions and transaction-related
fees and expenses. The remainder will be used for general corporate
purposes.
S&P said "We raised our recovery rating on the company's first-lien
credit facilities to '1' from '2', indicating our expectation for
very high (90%-100%; rounded estimate: 95%) recovery in the event
of a hypothetical default. The increase in recovery prospects for
Mirion's first-lien credit facilities--which comprise a $175
million revolving credit facility (undrawn as of June 30, 2025) and
a $450 million term loan--is primarily due to the use of junior
ranking instruments to fund the transaction. The acquisition of
Paragon supports an increase in enterprise value in a hypothetical
default scenario, and we view the senior unsecured convertible
notes as structurally subordinated to the first-lien credit
facilities with respect to both collateral value and noncollateral
value.
"Our 'B+' issuer credit rating and stable outlook on the company
are unchanged. We continue to view demand trends in nuclear power
favorably, supported by demand for plant modernization upgrades,
capacity expansion, and operating life extensions amid aging power
plant infrastructure. Nuclear power's role in the energy transition
as well as growing global electricity and energy security needs
means these trends will likely remain robust in the near-to-medium
term. Also, advances in cancer care, radiopharmaceuticals, and
diagnostic imaging--along with an aging population--provides
favorable tailwinds for Mirion's medical end markets. Under our
base-case forecast, we expect S&P Global Ratings-adjusted debt to
EBITDA in the low-4x area over the next 12 months, resulting in
some cushion to our downside trigger of 5x."
Issue Ratings--Recovery Analysis
Key analytical factors
-- Mirion's capital structure is comprised of a first lien credit
facility, comprised of a $175 million revolving credit facility
(undrawn as of June 30, 2025) and a $450 million term loan, along
with $775 million of convertible senior unsecured notes.
-- S&P said, "Our simulated default scenario assumes a payment
default occurring in 2029 due to a prolonged period of weak
economic conditions, depressed natural gas prices, decreased
government agency spending, and a deterioration in demand. We
expect these conditions would reduce the company's volumes,
revenue, and operating margins resulting in constrained liquidity
and a payment default."
-- S&P uses a 5x EBITDA multiple to value the company – in-line
with peers having a similar business profile -- reflecting its
operations in the niche, fragmented global radiation detection
market and its dependence on favorable global regulatory and
environmental policies.
-- S&P said, "We view the senior unsecured convertible notes,
which are issued by Mirion Technologies Inc. (parent), as
structurally subordinated to the first-lien credit facilities,
which have two indirect subsidiaries as co-borrowers: Mirion
Technologies (US Holdings) Inc., and Mirion Technologies (US) Inc.
We view the senior unsecured convertible notes as fully
subordinated to the first-lien credit facilities with respect to
both collateral value and noncollateral value."
Simulated default assumptions
-- Simulated year of default: 2029
-- EBITDA at emergence: $141 million
-- EBITDA multiple: 5.0x
-- Jurisdiction: U.S.
-- S&P assumes an 85% draw on the cash flow revolver at default.
-- S&P assumes 65% of equity is pledged from nonobligor entities.
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): $670
million
-- Valuation split (obligor/nonobligor): 65%/35%
-- Collateral value available to secured debt: $588 million
-- Total first-lien debt claims: $581 million
--Recovery expectations: 90%-100% (rounded estimate: 95%)
Note: All debt amounts include six months of prepetition interest
that S&P assumes will be owed at default.
MODIVCARE INC: Committee Hires Quinn Emanuel as Counsel
-------------------------------------------------------
ModivCare Inc. seeks approval from the U.S. Bankruptcy Court for
the Southern District of Texas to employ Quinn Emanuel Urquhart &
Sullivan LLP as counsel to the Special Committee of the Debtors,
effective as of September 15, 2025.
Quinn Emanuel will provide these services:
(a) identify, investigate, and evaluate any and all colorable,
potentially viable, and timely claims and causes of action that may
be held by or otherwise belong to the Debtors, including claims
against current or former directors, officers, shareholders,
insiders, affiliates, lenders, and other third parties;
(b) review, discuss, consider, negotiate, approve, and authorize
the pursuit, settlement, assignment, and/or release of any such
claims or causes of action, if the Special Committee determines
that such action is in the best interests of the Debtors; and
(c) present all material determinations, findings, conclusions,
and recommendations associated with the Special Committee's
investigation to the board of directors of the Debtors and make
advisors available to the board for questions.
Quinn Emanuel's hourly rates vary with the experience and seniority
of the individuals assigned and are subject to periodic
adjustments. The Debtors will be exclusively responsible for paying
Quinn Emanuel's court-approved fees.
Quinn Emanuel 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, Quinn Emanuel responds to the questions set forth
therein as follows:
Question: Did you agree to any variations from, or alternatives to,
your standard billing arrangements for this engagement?
Answer: No.
Question: Do any of the professionals included in this engagement
vary their rate based on the geographic location of the bankruptcy
case?
Answer: No. The hourly rates are consistent with those charged to
comparable chapter 11 clients, regardless of location.
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 your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: Quinn Emanuel was not retained pre-petition.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: The Debtors have not requested a budget and/or staffing
plan from Quinn Emanuel.
The firm can be reached at:
Susheel Kirpalani, Esq.
QUINN EMANUEL URQUHART & SULLIVAN LLP
700 Louisiana St., Suite 3900
Houston, TX 77002
Telephone: (713) 221-7000
Facsimile: (713) 221-7100
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.
MONTE MARTIN: Areya Holder Aurzada Named Subchapter V Trustee
-------------------------------------------------------------
The U.S. Trustee for Region 6 appointed Areya Holder Aurzada, Esq.,
at Holder Law as Subchapter V trustee for Monte Martin Inc.
Ms. Aurzada will be paid an hourly fee of $575 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Aurzada declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Areya Holder Aurzada, Esq.
Holder Law
901 Main Street, Ste. 5320
Dallas, TX 75202
Office: 972-438-8800
Mobile: 817-907-4140
About Monte Martin Inc.
Based in Dallas, Texas, Monte Martin Inc. provides fine art
services, exhibit design and fabrication, lighting design, and
electrical contracting through its headquarters at 2819 Anode Lane.
It serves a diverse clientele including galleries, museums,
institutions, restaurants, retail establishments, hotels, and
private collectors, integrating art and lighting in its projects.
Monte Martin formerly conducted business under the names Martin &
Martin Design Services, LLC, Martin & Martin Design Electrical,
LLC, Martin & Martin Design Fine Art Services, LLC, and Martin &
Martin Design Exhibition Design, LLC.
Monte Martin Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Case No. 25-33677) on September
22, 2025. In its petition, the Debtor reports estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Michelle V. Larson handles the case.
The Debtor is represented by David Shuster, Esq., at Shuster Law,
PLLC.
NAKED JUICE: BlackRock FRA Marks $535,000 Loan at 54% Off
---------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $5355,000 loan extended to Naked Juice LLC to market at
$246,799 or 46% of the outstanding amount, as of June 30, 2025,
according to a disclosure contained in BlackRock FRA's Form N-CSR
for the Fiscal year ended June 30, 2025, filed with the Securities
and Exchange Commission.
BlackRock FRA is a participant in a 2025 FLSO Term Loan to Naked
Juice LLC. The loan accrues interest at a rate of 10.40% (3-mo. CME
Term SOFR at 0.50% floor+ 6.10%) per annum. The loan matures on
January 24, 2030.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
Naked Juice LLC is the entity resulting from a spin-off from
PepsiCo, with PAI Partners owning 61% and Pepsi retaining a 39%
stake. Naked Juice, LLC owns the Tropicana, Naked Juice, KeVita and
other select juice brands.
NAKED JUICE: BlackRock FRA Marks $805,000 Loan at 21% Off
---------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. has marked its
$805,000 loan extended to Naked Juice LLC to market at $638,587 or
79% of the outstanding amount, as of June 30, 2025, according to a
disclosure contained in BlackRock FRA's Form N-CSR for the Fiscal
year ended June 30, 2025, filed with the Securities and Exchange
Commission.
BlackRock FRA is a participant in a 2025 FLSO Term Loan to Naked
Juice LLC. The loan accrues interest at a rate of 7.65% (3-mo. CME
Term SOFR at 0.50% floor+ 6.10%) per annum. The loan matures on
January 24, 2029.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
Naked Juice LLC is the entity resulting from a spin-off from
PepsiCo, with PAI Partners owning 61% and Pepsi retaining a 39%
stake. Naked Juice, LLC owns the Tropicana, Naked Juice, KeVita and
other select juice brands.
NAVIDEA BIOPHARMACEUTICALS: Case Summary & 20 Unsecured Creditors
-----------------------------------------------------------------
Debtor: Navidea Biopharmaceuticals, Inc.
4100 Horizons Drive
Suite 205
Columbus OH 43220
Business Description: Navidea Biopharmaceuticals, Inc. (NYSE MKT:
NAVB) develops precision immunodiagnostic
agents and immunotherapeutics, focusing on
identifying disease sites and pathways to
improve diagnostic accuracy, clinical
decision-making, and targeted treatment.
The Company's products are based on its
Manocept platform, which targets the CD206
mannose receptor on activated macrophages,
and includes Tc99m tilmanocept, a
commercially developed diagnostic agent.
Navidea operates in the United States and
engages in global partnering and
commercialization efforts within the
biopharmaceutical and diagnostic instruments
sectors.
Chapter 11 Petition Date: October 1, 2025
Court: United States Bankruptcy Court
District of Delaware
Case No.: 25-11779
Judge: Hon. J Kate Stickles
Debtor's Counsel: Joseph C. Barsalona II, Esq.
PASHMAN STEIN WALDER HAYDEN, P.C.
824 North Market Street, Suite 800
Wilmington DE 19801
Tel: 302-592-6496
Email: jbarsalona@pashmanstein.com
Debtor's
Claims &
Noticing
Agent: EPIQ CORPORATE RESTRUCTURING, LLC
Total Assets as of August 31, 2025: $1,202,555
Total Liabilities as of August 31, 2025: $12,874,821
The petition was signed by Edward Burr as independent director.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RP3MPLY/Navidea_Biopharmaceuticals_Inc__debke-25-11779__0001.0.pdf?mcid=tGE4TAMA
NEP GROUP: Fitch Hikes LongTerm IDR to 'B', Outlook Stable
----------------------------------------------------------
Fitch Ratings has upgraded the Long-Term Issuer Default Ratings
(IDRs) of NEP Group Holdings, Inc., NEP Group, Inc., NEP/NCP
Holdco, Inc., NEP Europe Finco B.V. and NEP II, Inc. (collectively
NEP) to 'B' from 'B-'. Fitch has assigned the proposed senior
secured first-lien term loans and senior secured first-lien
revolver a 'BB-' rating with a Recovery Rating of 'RR2'. The Rating
Outlook is Stable. Proceeds will be used to refinance the existing
capital structure.
The upgrade reflects NEP's decreased leverage, extended debt
maturity runway and improved liquidity position. The new
streamlined capital structure extends the maturity walls to 2030
and 2031 for the revolver and term loan respectively and reflects
management's focus on debt reduction and cash flow improvement. The
ratings are constrained by weak coverage metrics.
The Stable Outlook reflects Fitch's expectation of positive FCF
generation and Fitch-calculated EBITDA leverage below 5x over the
rating horizon (fiscals 2025-2028).
Fitch has withdrawn the instrument ratings on NEP's current capital
structure because they have been refinanced. The withdrawn ratings
are for the $2.1 billion first lien secured debt (including a
EUR507 million term loan due August 2026 and a $245 million
revolving facility maturing May 2026), and the $240 million second
lien term loan maturing October 2026.
Key Rating Drivers
Reduced Leverage and Refinancing Risks: NEP's recent refinancing
transaction streamlines its capital structure, significantly
reduces leverage and extends the company's earliest debt maturity
by five years to 2030. Fitch forecasts EBITDA leverage will fall
below 5x by December 2025 from 6.6x in the prior year and will be
sustained in the 3.5x - 4.5x range thereafter. This places NEP's
Fitch-calculated leverage within the range of other 'B' rated
diversified services issuers.
Fitch projects EBITDA margins in the low to mid 20s over the
forecast period (fiscal 2025 - fiscal 2028). This reflects stable
revenue growth and margin improvement from ongoing restructuring
initiatives.
Gradually Improving Liquidity Position: NEP's liquidity is
bolstered by its new $300 million revolving credit facility, lower
cash interest burden and lower capex intensity. NEP reduced capex
spend by approximately $100 million in fiscal 2024, in line with
Fitch's expectations. However, the company has yet to demonstrate
sustained positive FCF generation, as prior periods were marked by
high capex, high cash interest burden and one-off working capital
items. Fitch is projecting low single digit positive FCF margins
over the rating horizon to reflect capex moderation, working
capital normalization and lower cash interest payments, though
execution risks remain.
Weak Interest Coverage Metrics: NEP's EBITDA interest coverage is
on the lower end of the spectrum for 'B' category issuers. While
the recent refinancing has reduced interest expense, coverage
metrics remain weak and will require sustained EBITDA improvement
to strengthen meaningfully. Fitch expects NEP's interest coverage
to remain below 4x over the rating horizon.
Mixed Revenue and Cash Flow Visibility: A significant portion of
NEP's revenues are derived from recurring contracts in its Media
services segment, which range from three to 10 years, with price
escalators. The contractual nature of revenues provides some
visibility into future cash flows. This offsets some of the
volatility in revenue from the Live Events segment, which has
shorter-term contracts. The Live Events segment is more sensitive
to macro weakness as evidenced by softness in FY24 due to headwinds
in the corporate segment in the U.S and Europe.
Large and Growing End Markets: NEP focuses on the sports and
entertainment markets, both of which have demonstrated consistent
growth, excluding exogenous shocks. Live sports programming remains
one of the few opportunities generating large "appointment" viewing
audiences in an increasingly fragmented media landscape. NEP has
diversified its customer base to include streamers, sports leagues,
and other rights holders, primarily due to direct-to-consumer
platforms entering sports streaming. Fitch expects revenue from new
customers to offset declines from broadcasters who lost sports
broadcasting rights in recent negotiations.
Heightened Risks from Market Uncertainty: Ongoing market
uncertainty poses direct and indirect risks to NEP's operations.
The indirect effects on global economic growth could affect NEP's
business environment, particularly corporate live events, as
businesses will adjust spending due to potential changes in
inflation, interest rates, credit spreads, and market volatility.
The financial implications of the trade war for NEP are uncertain.
Therefore, revenue and EBITDA margin projections are conservative
but may not fully capture the potential effects of market events.
Established Market Position with Competitive Pressures: NEP is a
leading global outsourced provider of production solutions for
broadcasts and live events. However, the company faces ongoing
competitive pressures that could impact pricing power and market
share. NEP supplies broadcast equipment, post-production, video
display, and software-based creative technology to major live
sports and entertainment events, including the NFL, ESPN, Super
Bowl and Wimbledon.
Capital Intensive Business Model: NEP operates in a
capital-intensive industry and has made significant capex
investments in its infrastructure platform over recent years, which
constrained financial flexibility. Fitch anticipates these
investments will be scalable, leading to reduced future capex
needs. NEP focuses on efficient capital allocation, targeting lower
payback periods and increased internal rate of return on new
projects, but the fundamental capex requirements will continue to
weigh on cash flow metrics.
Equalized IDR: NEP Group Holdings, Inc. (Parent), NEP Group, Inc.,
NEP/NCP Holdco, Inc., NEP II, Inc. and NEP Europe Finco B.V. have
the same IDR. NEP Group, Inc. is a pass-through entity with no
material assets or liabilities other than its interests in the
operating subsidiaries and there are no material impediments to
Parent accessing the assets of the subsidiaries.
Peer Analysis
NEP's ratings reflect its leading market position as the largest
global outsourced provider of production solutions for broadcasts
and live events. The company has significantly reduced EBITDA
leverage, extended its earliest debt maturity and improved its
liquidity position.
NEP has no direct peer in Fitch's rated universe. The company's
Fitch-calculated leverage is within the range for 'B' rated
diversified services issuers. However, its EBITDA interest coverage
is on the weaker end of the spectrum.
Key Assumptions
- Fitch assumes low single-digit (LSD) growth for FY 2025,
reflecting a decrease following major events in FY 2024 and
divestitures. Revenue growth stays in the low to mid-single digits
throughout the forecast horizon, driven by increases in streaming
revenues, live events in the Middle East, and cyclical events
occurring in even years, which will offset declines in broadcast
revenues.
- Fitch expects EBITDA margins to be in the low 20% range,
supported by revenue growth and savings from cost management
initiatives. The Fitch-calculated EBITDA excludes approximately $40
million from annual lease adjustments.
- Capex intensity remains maintained in the high-single digit to
low-teens, as the company continues to moderate spending to align
with its Return on Capital Employed targets.
- Following significant one-off movements in FY 2024, working
capital is expected to normalize in FY 2025, contributing to
improved FCF margins.
- Floating rate debt is modeled on secured overnight financing rate
(SOFR) and Euribor rates, for the USD and EURO term loans
respectively.
Recovery Analysis
The recovery analysis assumes that NEP would be reorganized as a
going-concern in bankruptcy rather than liquidated. Fitch has
assumed a 10% administrative claim.
The going concern LTM EBITDA of $295 million considers the risk of
insolvency due to insufficient liquidity amid recessionary stress.
In this scenario, Fitch assumes the company cannot renew its major
contracts, ceding market share to competitors, which results in
reduced EBITDA and an unsustainable capital structure. This also
reflects Fitch's view of a sustainable, post-reorganization EBITDA
level upon which Fitch bases the enterprise valuation.
An enterprise valuation multiple of 6.0x EBITDA is applied to the
going concern EBITDA to calculate a post-reorganization enterprise
value. The company's platform acquisitions typically occur at
multiples between 4.8x and 6.0x, whereas its smaller bolt-on
acquisitions tend to close within the 3.5x to 4.5x range. Although
these transaction multiples are lower than the 6.0x used for NEP,
the targets involved operated on a smaller scale and had a
less-developed footprint compared to NEP.
In its analysis, Fitch assumes that the $300 million RCF is fully
drawn, as companies in distress often rely on credit revolvers.
Based on the Fitch-estimated enterprise value, the waterfall
analysis results in a 'BB-' rating for the first lien secured
facilities, positioned two notches above the IDR, with a Recovery
Rating of 'RR2'.
RATING SENSITIVITIES
Factors That Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage sustained above 5x.
- Sustained generation of negative FCF.
- (CFO - Capex)/debt sustained below 1%.
Factors That Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA leverage sustained below 4x.
- Sustained generation of positive FCF.
- (CFO - Capex)/debt sustained above 5%.
Liquidity and Debt Structure
NEP had $96 million in cash and equivalents as of June 2025.
Additional liquidity sources are the new $1.87 billion term loan
and a $300 million senior secured revolver.
NEP's capital structure comprises a $1.87 billion term loan, split
between a USD and a Euro tranche, both maturing in 2031, and an
undrawn $300 million revolving facility maturing in 2030.
NEP Group Inc., NEP/NCP Holdco, Inc., and NEP II are U.S. borrowers
of the USD term loan tranche; NEP Europe Finco B.V., is the
borrower of the Euro tranche. The U.S. borrowers and the Euro
Borrower are co-borrowers for the $300 million revolving credit
facility. The borrowers are severally liable for obligations under
the first lien dollar tranche and first lien Euro tranche,
respectively.
Issuer Profile
NEP is the largest global outsourced provider of customized
broadcast solutions to live sports, entertainment and corporate
events and virtual production capabilities. NEP has been expanding
globally and has leading market positions in the U.S., U.K.,
Europe, Asia and Australia.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
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
----------- ------ -------- -----
NEP Group Holdings,
Inc. LT IDR B Upgrade B-
NEP/NCP Holdco, Inc. LT IDR B Upgrade B-
senior secured LT BB- New Rating RR2
Senior Secured
2nd Lien LT WD Withdrawn CCC
senior secured LT WD Withdrawn B+
NEP II Inc LT IDR B Upgrade B-
senior secured LT BB- New Rating RR2
Senior Secured
2nd Lien LT WD Withdrawn CCC
senior secured LT WD Withdrawn B+
NEP Group, Inc. LT IDR B Upgrade B-
senior secured LT BB- New Rating RR2
Senior Secured
2nd Lien LT WD Withdrawn CCC
senior secured LT WD Withdrawn B+
NEP Europe Finco B.V. LT IDR B Upgrade B-
senior secured LT BB- New Rating RR2
senior secured LT WD Withdrawn B+
NEW AGE FLOORING: Glen Watson Named Subchapter V Trustee
--------------------------------------------------------
The Acting U.S. Trustee for Region 8 appointed Glen Watson, Esq.,
at Watson Law Group, PLLC as Subchapter V trustee for New Age
Flooring, LLC and Michael Brandon Williams.
Mr. Watson will be paid an hourly fee of $500 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Watson declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Glen Watson, Esq.,
Watson Law Group, PLLC
1114 17th Av. S., Suite 201
P.O. Box 121950
Nashville, TN 37212
Telephone: (615) 823-4680
Email: glen@watsonpllc.com
About New Age Flooring
New Age Flooring, LLC, a company in Clarksville, Tenn., provides
residential and commercial remodeling services, specializing in
flooring installation, fence construction, painting, and whole-home
renovations. It operates in Tennessee, including Clarksville,
Nashville, and surrounding areas, as well as parts of Kentucky such
as Fort Campbell and Oak Grove. With 20 years of experience in the
home remodeling and flooring industry, it offers a range of
services from hardwood and luxury vinyl plank flooring to kitchen
and bathroom remodeling.
New Age Flooring filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. M.D. Tenn. Case No. 25-04056) on
September 26, 2025, listing between $100,000 and $500,000 in assets
and between $1 million and $10 million in liabilities.
Judge Charles M. Walker presides over the case.
The Debtor is represented by:
Robert J. Gonzales, Esq.
EmergeLaw, PLC
4235 Hillsboro Pike, Suite 300
Nashville, TN 37215
Tel: (615) 815-1535
robert@emerge.law
ecf@emerge.law
NEW FORTRESS: BlackRock FRA Marks $185,000 Loan at 46% Off
----------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $185,000 loan extended to New Fortress Energy, Inc to
market at $99,504 or 54% of the outstanding amount, as of June 30,
2025, according to a disclosure contained in BlackRock FRA's Form
N-CSR for the Fiscal year ended June 30, 2025, filed with the
Securities and Exchange Commission.
BlackRock FRA is a participant in a 2025 Incremental Term Loan B to
New Fortress Energy, Inc. The loan accrues interest at a rate of
9.81% (3-mo. CME Term SOFR at 0.75% floor+ 5.50%) per annum. The
loan matures on October 10, 2028.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
New Fortress Energy Inc., a Delaware corporation, is a global
energy infrastructure company founded to help address energy
poverty and accelerate the world's transition to reliable,
affordable and clean energy. The Company owns and operates natural
gas and liquefied natural gas infrastructure, ships and logistics
assets to rapidly deliver turnkey energy solutions to global
markets. The Company has liquefaction, regasification and power
generation operations in the United States, Jamaica, Brazil and
Mexico. The Company has marine operations with vessels operating
under time charters and in the spot market globally.
NISSAN MOTOR: Fitch Rates Issuance of $2MM Sr. Unsecured Notes 'BB'
-------------------------------------------------------------------
Fitch Ratings has assigned a long-term rating of 'BB' to Nissan
Motor Acceptance Company LLC's (NMAC) issuance of $2 billion of
senior unsecured notes issued under the $10 billion medium-term
note (MTN) program.
The final debt rating is consistent with the expected rating
assigned on Sept. 24, 2025, following the receipt of documents
conforming to the information previously received.
Key Rating Drivers
Parent Rating Linkages: The ratings and Rating Outlook for NMAC are
equalized with and linked to those of its parent, Nissan Motor Co.,
Ltd. (NML; BB/Negative), as Fitch views the issuer as a core
subsidiary of NML. This view reflects strong implicit and explicit
support factors including the financing of a high percentage of NML
U.S. sales by NMAC, significant operational linkages between the
companies, and the existence of a keepwell agreement between the
parent and NMAC.
NMAC's credit profile is further supported by its strong asset
quality and a diverse funding profile.
Shareholder Support: NMAC's 'bb' Shareholder Support Rating (SSR)
is aligned with NML's Long-Term IDR and indicates the minimum level
to which NMAC's IDR could fall if Fitch does not change its view on
potential support from NML. A 'bb' SSR indicates a moderate
probability of external support being forthcoming.
Increase in Leverage: Pro forma for the unsecured notes issuance
under the MTN program, leverage would be 7.5x at June 30, 2025, up
from 6.1x at March 31, 2025 and above the four-year average of 4.8x
from 2021-2024. The recent increase in leverage is a result of the
dividend combined with continued portfolio growth. Fitch believes
NMAC's leverage is high but acceptable in the context of the asset
quality strength of NMAC's loan and lease portfolio relative to
other captives Fitch has rated.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
Changes to NMAC's ratings are largely dependent on NML's ratings
and Outlook, given the rating linkage. Negative rating actions
could be triggered by changes in the perceived relationship between
NMAC and NML that indicate the captive has become less central to
NML's strategic operations and/or adequate financial support was
not provided to the captive in times of need.
Meaningful and sustained credit quality deterioration, consistent
operating losses, a material increase in leverage above average
post-crisis levels, a material increase in the proportion of
short-term debt in the funding structure, and/or a deterioration in
NMAC's liquidity profile could also lead to negative rating
action.
The SSR is primarily sensitive to changes in NMAC's Long-Term IDR
and secondarily to changes in Fitch's assessment of the probability
of support being extended to NMAC from NML.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
NMAC's ratings are linked to Fitch's view of NML's credit profile.
Fitch cannot envision a scenario where NMAC would be rated higher
than its parent.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
The CP rating is equalized with the Short-Term IDR.
The senior unsecured debt rating is equalized with the Long-Term
IDR, reflecting a sufficient proportion of unsecured funding in the
capital structure and the unencumbered asset pool, which suggests
average recovery prospects for debtholders under a stress
scenario.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
The CP rating is primarily sensitive to changes in the Short-Term
IDR and would be expected to move in tandem with it.
The senior unsecured debt rating is primarily sensitive to changes
in the Long-Term IDR and would be expected to move in tandem with
it. However, a material increase in the proportion of secured
funding could result in the unsecured debt rating being notched
down from the Long-Term IDR.
Date of Relevant Committee
April 24, 2025
Public Ratings with Credit Linkage to other ratings
NMAC's ratings and Outlook are equalized with NML, as Fitch
considers NMAC a core subsidiary of NML. This is supported by the
high percentage of NML's U.S. sales financed by NMAC, strong
operational and financial linkages between the two companies,
shared branding, and a support (keepwell) agreement provided
directly by NML to NMAC.
ESG Considerations
NMAC has an ESG Relevance Score of '4' for Group Structure, due to
its complexity related to the alliance with Renault and Mitsubishi.
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
----------- ------ -----
Nissan Motor Acceptance
Company LLC
senior unsecured LT BB New Rating BB(EXP)
NORTHERN DYNASTY: Receives $12M in 4th Tranche Under Royalty Deal
-----------------------------------------------------------------
Northern Dynasty Minerals Ltd. and its 100%-owned U.S.-based
subsidiary Pebble Limited Partnership announced the receipt of a
$12 million payment representing the fourth tranche of investment
under the Company's royalty agreement dated July 26, 2022, as
amended. All amounts are in U.S. dollars unless otherwise noted.
With the fourth tranche investment now completed before September
30, 2025, the royalty investor has the right to elect to complete
the fifth and final $12 million tranche investment at any time up
to and including December 31, 2025. The aggregate total purchase
price of $60 million and maximum royalty rates (the right to
purchase 10% of payable gold production and 30% of payable silver
production) remain unchanged from the original Royalty Agreement.
"We appreciate the continued support from our royalty investor and
are pleased to see the fourth payment of $12 million completed,
bringing its total investment in the royalty up to $48 million of a
possible $60 million available under the royalty agreement," said
Ron Thiessen, Northern Dynasty's President and CEO. "This $12
million investment, when combined with the several million dollars
of inflow from the exercise of stock options and warrants this
summer and when added to our second quarter closing cash balance of
CA$25.2 million ($18.5 million) gives us a strong treasury position
as we move the project forward."
"We continue to have discussions with the government about
withdrawing the veto and remain optimistic for a positive outcome.
Withdrawal of the illegal veto will be a step towards developing
this very large new source of copper and rhenium, as well as
significant amounts of gold, molybdenum and silver, unlocking
substantial and long-lasting economic benefits for the region, the
state and the country."
"While our focus continues to be on a successful outcome from our
discussions, we are maintaining the pursuit of a parallel track and
will join the other plaintiffs (the State of Alaska and Iliamna
Natives Ltd, et al.) in filing our opening briefs by October 3,
2025. The court action is being pursued in the interest of keeping
timelines as tight as possible. Our preferred option remains
negotiating a prompt withdrawal of the illegal veto by the
government and then dismissing the litigation," Mr. Thiessen
concluded.
About Northern Dynasty Minerals Ltd.
Northern Dynasty is a mineral exploration and development company
based in Vancouver, Canada. Northern Dynasty's principal asset,
owned through its wholly owned Alaska-based U.S. subsidiary, Pebble
Limited Partnership, is a 100% interest in a contiguous block of
1,840 mineral claims in Southwest Alaska, including the Pebble
deposit, located 200 miles from Anchorage and 125 miles from
Bristol Bay. The Pebble Partnership is the proponent of the Pebble
Project.
In an audit report dated March 27, 2025, Deloitte LLP issued a
"going concern" qualification citing that the Company incurred a
consolidated net loss of $33 million during the year ended December
31, 2024, and, as of that date, the Company's consolidated deficit
was $729 million. These conditions, along with other matters,
raise substantial doubt about its ability to continue as a going
concern.
Northern Dynasty reported a net loss of C$36.15 million for the
year ended Dec. 31, 2024, compared to a net loss of $21 million for
the year ended Dec. 31, 2023. As of Dec. 31, 2024, the Company
reported total assets of C$137.16 million, total liabilities of
C$39.96 million, and total equity of C$97.20 million.
NORTIA LOGISTICS: Court Stays Union Pacific Suit Due to Bankruptcy
------------------------------------------------------------------
Chief Judge Robert F. Rossiter, Jr. of the United States District
Court for the District of Nebraska stayed the case captioned as
UNION PACIFIC RAILROAD COMPANY, Plaintiff, v. NORTIA LOGISTICS,
INC., Defendant, Case No. 25-cv-00357 (D. Neb.).
On Aug. 26, 2025, the magistrate judge ordered plaintiff Union
Pacific Railroad Company to "show good cause for the failure" to
serve the defendant Nortia Logistics, Inc. within 90 days after the
complaint was filed, as required by Federal Rule of Civil Procedure
4(m). However, Union Pacific did not file proof of service with the
Court because, in its view, Nortia's pending chapter 11 case
implicated "an automatic stay pursuant to section 362 of the
Bankruptcy Code."
Union Pacific is on the right track. Upon notification that a
defendant in a civil case is a debtor in a bankruptcy case, the
Court ordinarily will issue an order staying further proceedings in
the case as to the party in bankruptcy. The Court sees no present
reason to refer this case to the bankruptcy court.
Nortia is ordered to promptly notify the Court of the resolution of
the bankruptcy proceedings in these cases or any other order
affecting the stay under 11 U.S.C. Sec. 362(a). In the interim,
Nortia must provide the Court with a status update on the
bankruptcy proceedings every 90 days beginning on Dec. 12, 2025.
A copy of the Court's Order is available at
https://urlcurt.com/u?l=uV9FJm from PacerMonitor.com.
About Nortia Logistics Inc.
Nortia Logistics, Inc. is a privately held, asset-based logistics
provider founded in 2012 and headquartered in Franklin Park, IL. It
specializes in multimodal freight transportation covering
full-truckload (FTL), less-than-truckload (LTL), and intermodal
services as well as warehousing, with operations across the U.S.
and Canada.
Nortia Logistics sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08699) on June 2,
2025. In its petition, the Debtor reported estimated assets of
$1,357,500 and total liabilities of $5,793,218.
Judge Timothy A. Barnes handles the case.
The Debtor is represented by David Freydin, Esq., at the Law
Offices of David Freydin.
RTS Financial Service, Inc., as lender, is represented by:
Bryan E. Minier, Esq.
Lathrop GPM, LLP
155 N. Wacker Drive, Suite 3800
Chicago, IL 60606
Tel: 312-920-3328
bryan.minier@lathropgpm.com
NOVA LIFESTYLE: Appoints Wen Tao as Director and Committee Member
-----------------------------------------------------------------
Nova LifeStyle, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Board of Directors
approved the increase in the size of the Board from five members to
six members.
The Board also appointed Ms. Wen Tao as a new member to serve on
the Board. The new member was appointed to fill the vacancy on the
Board created by the increase of the size of the Board.
The Board also appointed Ms. Wen Tao to serve as a member of the
Audit Committee, the Nominating and Corporate Governance Committee
and the Compensation Committee of the Board.
Ms. Wen Tao, age 35, has served as the Director and Head of
Institutional Sales of Alpha Trade Pty Ltd. in Sydney/Malaysia, an
Australian licensed Prime of Prime Brokerage Firm since January
2023. Ms. Tao was an Institutional Sales of APAC for Saxo Bank A/S
in Singapore, a European Investment Banking Company from February
2019 to December 2022. Ms. Tao was the Head of APAC Institutional
Sales for Invast Financial Services in Sydney, Australia from
February 2016 to October 2018. Ms. Tao has studied her Master of
Business Administration (Part-time) at University of Sydney since
2017 and has obtained her Bachelor of Commerce and Accounting &
Finance Double Major at University of Sydney in 2015. Ms. Tao holds
a certificate of Australian Securities and Investments Commission
(ASIC) RG 146 Compliant.
In connection with her appointment, the Company entered into a
Director Agreement with Ms. Wen Tao.
In the Agreement, Ms. Tao will receive compensation in the amount
of $1,880 monthly, plus expenses. The Director Agreement imposes
certain customary confidentiality and non-disclosure obligations on
the director.
A full-text copy of the Director Agreement is available at
https://tinyurl.com/2h9ehs8a
About Nova Lifestyle
Headquartered in Commerce, Calif., Nova LifeStyle, Inc. is a
distributor of contemporary styled residential and commercial
furniture incorporated into a dynamic marketing and sales platform
offering retail as well as online selection and global purchase
fulfillment. The Company monitors popular trends and products to
create design elements that are then integrated into the Company's
product lines that can be used as both stand-alone or whole room
and home furnishing solutions. Through its global network of
retailers, e-commerce platforms, stagers, and hospitality
providers, Nova LifeStyle also sells (through an exclusive
third-party manufacturing partner) a managed variety of
high-quality bedding foundation components.
Singapore-based Enrome LLP, the Company's auditor since 2024,
issued a "going concern" qualification in its report dated March
31, 2025, attached to the Company's Annual Report on Form 10-K for
the fiscal year ended December 31, 2024, citing that the Company
incurred a net loss and operating cash outflow of $5,561,705 and
$1,391,779 respectively for the year ended December 31, 2024 and
accumulated deficit of $49,991,515 for the year ended December 31,
2024. These factors, raise substantial doubt about its ability to
continue as going concern.
As of June 30, 2025, the Company had $11.63 million in total
assets, $5.09 million in total liabilities, and $6.55 million in
total stockholders' equity.
OFFICE PROPERTIES: S&P Cuts ICR to 'SD' on Missed Interest Payments
-------------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Office
Properties Income Trust (OPI) to 'SD' (selective default) from
'CCC-'.
S&P lowered its issue-level ratings on the company's senior secured
notes due March 2027 to 'D' from 'CCC+' and its rating on the
senior secured notes due in September 2029 to 'D' from 'CCC-'. The
respective '1' and '3' recovery ratings are unchanged.
The issue-level ratings and recovery ratings on the company's
senior secured notes due March 2029 and senior unsecured notes are
unchanged.
OPI announced that on Sept. 30, 2025, it did not make the required
interest payments on its senior secured notes due in September 2029
or senior secured notes due in March 2027.
The downgrade reflects the missed interest payments. The company
announced that it did not make the September 30, 2025, interest
payments for the 9% senior secured notes due in September 2029 and
3.25% senior secured notes due in March 2027. OPI also provided
notice to lenders under its credit agreement of the missed interest
payments, in addition to its expectation for one or more defaults
to occur under the credit agreement in connection with the
delisting of its common shares from Nasdaq composite index on Oct.
6, 2025.
S&P said, "We expect access to capital and liquidity pressure to
persist. As of June 30, 2025, OPI had cash and cash equivalents of
$78.2 million, and its $325 million revolver was fully drawn. In
addition to interest payments, the company has more than $275
million of debt maturing in 2026. Given its weak liquidity position
and debt obligations, we do not expect OPI to make interest
payments within the 30-day grace period. OPI continues to work with
advisers on restructuring efforts.
"We will reassess our ratings on OPI once we have more information
regarding its plans."
ORIGINAL MOWBRAY'S: Seeks Continued Cash Collateral Access
----------------------------------------------------------
The Original Mowbray's Tree Service, Inc. asks the U.S. Bankruptcy
Court for the Central District of California, Santa Ana Division,
for authority to continue using cash collateral through February
27, 2026.
The Debtor needs continued access to cash collateral to fund
essential operating expenses, professional fees, and payments to
secured creditors under the terms of a 19-week budget. This period
will carry the Debtor through the confirmation hearing scheduled
for February 18, 2026, on its second amended joint Chapter 11 plan
of reorganization.
The only creditor with a lien on the Debtor's cash is PNC Bank,
which holds a secured revolving line of credit of up to $20 million
and $5 million in letters of credit, with a pre-petition balance of
approximately $7 million. PNC's loan is guaranteed by Robin Mowbray
and Mowbray Waterman Property, LLC, and secured by additional real
property. The Debtor and PNC have previously entered into three
stipulations allowing for cash collateral use on agreed terms, all
approved by the court.
The Debtor now seeks to continue using cash collateral on
substantially the same terms, with payments to PNC of $350,000 per
month, as well as replacement liens and superpriority
administrative claims to ensure adequate protection.
Since filing for Chapter 11 protection on October 18, 2024, the
Debtor has demonstrated consistent and even improved financial
performance, reporting a post-petition increase in cash from $4.2
million to nearly $10 million by September 12. The Debtor's
operations have consistently met or exceeded budget expectations,
generating $1.1 million in cash flow above projections during the
previous budget period. The current 19-week budget forecasts
continued positive operational performance, with cumulative cash
flow of over $550,000, even after accounting for substantial
payments to PNC and other secured creditors totaling $3.4 million.
Although the cash balance is expected to decline slightly during
this period, it will remain above the Petition Date level, thus
preserving creditor collateral value.
The Debtor attributes projected cash balance reductions to
necessary but extraordinary costs, including over $1.6 million in
insurance premiums and increased secured creditor payments
negotiated post-petition. It is also awaiting approximately
$700,000 from FEMA for past services rendered. Despite these
expenditures, the Debtor maintains that continued business
operations, which protect and enhance the value of the estate, are
in the best interests of all stakeholders.
A hearing on the matter is set for October 15.
About The Original Mowbray's Tree Service
Original Mowbray's Tree Service Inc., doing business as Mowbray's
Tree Service, is a family owned and operated business committed to
providing its client-partners with solution to their vegetation
management needs. It offers hazard tree mitigation, integrated
vegetation management, mechanized tree removal, emergency response,
crane services, and green waste & debris management.
Original Mowbray's Tree Service sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No. 24-12674) on
Oct. 18, 2024, with $10 million to $50 million in both assets and
liabilities. Brian Weiss, chief restructuring officer, signed the
petition.
Judge Theodor Albert oversees the case.
Robert S. Marticello, Esq., at Raines Feldman Littrell, LLP is the
Debtor's legal counsel.
PNC Bank, N.A., as secured creditor, is represented by:
Michael B. Lubic, Esq.
K&L Gates, LLP
10100 Santa Monica Blvd., 8th Floor
Los Angeles, CA 90067
+1.310.552.5000
michael.lubic@klgates.com
OUTTEN BROTHERS: Closes Doors Unexpectedly, Goes Out of Business
----------------------------------------------------------------
Daniel Kline of The Street reports that the post-Covid slump in the
furniture industry has forced another long-established retailer to
shut down.
Outten Brothers Home Furnishings, a family-owned business that has
served Salisbury and neighboring communities for 78 years, has
announced it is going out of business, according to the report. The
company revealed the news on its website, stating that its final
liquidation sale began on October 2, and that the store building is
now up for sale.
Founded in 1947 by Edward Outten and his brothers, Outten Bros.
Inc. built its reputation on personalized service and community
connection. From the beginning, the company stood out for its
in-home deliveries, flexible in-house financing, and commitment to
quality. Edward opened the Salisbury location in 1958, helping the
brand become a household name throughout the region.
Following Edward's retirement in 1992, his son Jeff Outten took
over leadership of the company, maintaining its dedication to
customer service for more than two decades. The third generation
— Jeff’s children, April, Michael, and Jason — joined the
family business, continuing its legacy. During Jeff's tenure, he
formed a lasting friendship with warehouse manager Roland Powell
Jr., who later purchased the business in 2016 and rebranded it as
Outten Brothers Home Furnishings.
In 2023, Powell married April Outten, uniting their personal and
professional lives and strengthening the company's family-driven
identity. While the announcement of the store's closure came as a
surprise, Powell offered no details on what led to the decision.
"Outten Brothers has always been about family, service, and
community," he said in a brief statement. "It's been an honor to
carry on this legacy, and April and I are deeply grateful to our
customers for supporting us through the years."
Industry analysts say the company's closure is another sign of the
broader financial struggles facing the furniture retail sector.
Neil Saunders, Managing Director at GlobalData, explained that
consumers are cutting back on large purchases amid high interest
rates and economic uncertainty. "Softness in big-ticket furnishings
and furniture will persist until interest rates come down," he told
Forbes. "Right now, people are more inclined to buy smaller items
as part of simple home refreshes."
Outten Brothers Home Furnishings - Timeline
1947: Outten Brothers (Outten Bros. Inc.) is founded by Edward
Outten and his brothers, establishing a family-owned furniture
business dedicated to quality and service.
1958: The company expands with the opening of its Salisbury,
Maryland location, which becomes its primary retail hub and a
fixture in the local community.
1992: After decades of leadership, Edward Outten retires, passing
ownership to his son Jeff Outten, who continues the family’s
legacy of personalized customer care and community service.
2016: Longtime warehouse manager Roland Powell Jr. acquires the
company and rebrands it as Outten Brothers Home Furnishings,
ushering in a new chapter for the well-known retailer.
2023: Powell marries April Outten, Edward Outten’s granddaughter,
strengthening the family ties that have defined the business for
generations.
September 30, 2025: The company announces plans to close
permanently after 78 years in operation, with a liquidation sale
scheduled to begin October 2.
October 2, 2025: The final liquidation sale opens to the public,
offering deep discounts—up to 65% off home furnishings—as part
of the going-out-of-business process.
Post-closure: Following the completion of the sale, the store
building is listed for sale, marking the official end of the Outten
Brothers era in the Salisbury retail community.
About Outten Brothers Home Furnishings
Outten Brothers Home Furnishings, a family-owned furniture business
that has served Salisbury and neighboring communities for 78 years.
PACIFIC BELLS: Moody's Rates New $80MM Revolver Due 2028 'B3'
-------------------------------------------------------------
Moody's Ratings assigned a B3 rating to Pacific Bells, LLC's new
$80 million senior secured revolving credit facility due November
2028. Concurrently, Moody's affirmed the company's B3 corporate
family rating, B3-PD probability of default rating and the B3
ratings on the company's existing senior secured bank credit
facilities which includes the proposed $120 million fungible
incremental term loan B and revolving credit facility due 2026. The
outlook remains stable.
Proceeds from the $120 million incremental term loan B will be used
to fund the purchase of Taco Bell units in the southeastern US. The
term loan is expected to be fully fungible with the company's
existing $471.68 million senior secured term loan B due 2028. As
part of the transaction, the company has entered into a new $80
million senior secured revolving credit facility that has the same
maturity as its term loan B in November 2028. Moody's will withdraw
the ratings on the existing senior secured revolving credit
facility once the transaction closes.
The affirmations reflect governance considerations particularly its
financial strategies that have supported a history of growth
through acquisitions and high leverage. Pro forma for the
transaction, debt/EBITDA will modestly increase to 7.1x from 6.8x
for the twelve month period ended June 2025. However, the
affirmation also reflects Moody's expectations that an increase in
EBITDA driven by contribution from new unit growth, an improvement
in foot traffic as well as productivity initiatives will improve
debt/EBITDA to around 6.0x and EBITA/interest expense to improve to
around 1.5x from 1.1x over the next 12-18 months.
RATINGS RATIONALE
Pacific Bells' B3 CFR reflects the company's high leverage, its
modest scale in terms of revenue and restaurant count and regional
geographic concentration. The company is operating in a weak
consumer environment with lower foot traffic and is contending with
higher commodity and labor inflation at the same time. The credit
profile is supported by the company's strong brand awareness as a
franchisee of Taco Bell, good liquidity, a history of generally
positive same store sales, operating discipline, and its stable and
steady growth in number of units both organically and through
acquisitions.
Pacific Bells has good liquidity supported by $29 million of
unrestricted cash, an expected free cash flow of about $15 million
over the next 12-18 months and about $36 million available under
its $80 million senior secured revolving credit facility expiring
November 2028.
The stable outlook reflects Moody's expectations that the company
will focus on deleveraging following the acquisition, will maintain
good liquidity and fund its growth capital expenditures through
internally generated cash flow.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded should the company experience sustained
improvement in credit metrics with an increase in size, scale, and
geographic diversification. An upgrade would also require adherence
to more conservative financial policies, including a demonstrated
willingness to achieve and maintain stronger credit metrics.
Quantitatively, an upgrade would require debt/EBITDA sustained
under 5.5x and EBITA/interest expense near 1.75x.
Ratings could be downgraded if operating performance sustainably
weakens or if financial strategies become more aggressive, such as
debt financed dividends, were instituted. Quantitatively, a
downgrade could occur if debt/EBITDA is sustained above 6.75x or
EBITA/interest falls below 1.25x.
Headquartered in Vancouver, WA, Worldwide Bells Holdings and its
subsidiaries, including Pacific Bells, LLC, operate 286 Taco Bell
restaurants in nine states. The company is owned by management and
Orangewood Partners. Revenue was $588 million for the twelve month
period ended June 2025.
The principal methodology used in these ratings was Restaurants
published in September 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
PACKERS HOLDINGS: BlackRock FRA Marks $887,000 Loan at 47% Off
--------------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $887,000 loan extended to Packers Holdings LLC to market
at $474,491 or 53% of the outstanding amount, as of June 30, 2025,
according to a disclosure contained in BlackRock FRA's Form N-CSR
for the Fiscal year ended June 30, 2025, filed with the Securities
and Exchange Commission.
BlackRock FRA is a participant in a 2021 Term Loan to Packers
Holdings LLC. The loan accrues interest at a rate of 7.68% (1-mo.
CME Term SOFR at 0.75% floor+ 3.35%) per annum. The loan matures on
March 9, 2028.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
Packers Holdings, LLC, known as PSSI, founded in 1972 and
headquartered in Kieler, Wisconsin, is a provider of contract
sanitation services to the food processing industry in the U.S. and
Canada.
PACKERS HOLDINGS: Fitch Lowers LongTerm IDR to 'CC'
---------------------------------------------------
Fitch Ratings has downgraded the Long-Term Issuer Default Rating
(IDR) of Packers Holdings, LLC (dba Fortrex) to 'CC' from 'CCC' and
its outstanding term loans and revolver to 'CC' with a Recovery
Rating of 'RR4' from 'CCC'/'RR4'.
The downgrade reflects the refinancing risk with Fortrex's revolver
maturing in March 2026 and the company's constrained financial
flexibility as it faces continued challenges in turning around its
business. Fitch expects the pace of cash outflows to remain
elevated in 2025 and Fitch-forecasted EBITDA interest coverage to
remain under 1.0x, pressuring the company's limited liquidity.
Key Rating Drivers
Constrained Financial Flexibility: Fortrex's total liquidity fell
to about $38 million at the end of June 30, 2025, with the
company's revolver, net of letters of credit, and account
receivables securitization facility fully utilized. The company's
turnaround efforts were hampered by additional labor costs in
reaction to uncertainties around immigration policy and
enforcement. Fortrex incurred higher operating costs to ensure
workforce compliance and mitigate exposure to higher-risk workers.
Fitch expects the projected cash burn in 2025 and 2026 will cause
Fortrex's liquidity to deteriorate further. Fortrex also faces the
near-term maturity of its $54 revolver, which is set to mature in
March 2026. Fortrex was able to improve its liquidity position
through a DDE Exchange in January 2025 and other corporate actions,
but the company's options for similar off-market remedies are
limited.
Elevated Credit Metrics: Fitch expects Fortrex 's credit metrics to
remain weak through the forecast period. Fitch's base case
anticipates EBITDA interest coverage will be under 1.0x in 2025 and
2026, which is indicative of Fortrex 's limited financial
flexibility. EBITDA leverage is projected to remain well above 10x
through the forecast period.
Strong Market Position: Fortrex remains the largest contract
sanitation company for the food processing industry in North
America, and Fitch believes it has been able to retain many key
customers. Fortrex 's recent investment in compliance helps the
company maintain its competitive position. The company won a number
of new projects in the second half of 2023 and the beginning of
2024, but project wins slowed in the second half of 2024. Fitch
believes Fortrex 's competitive advantage is intact, but a
turnaround has been slower than expected.
Necessity of Service: Fitch believes the company's business model
is supported by its clear and strong position and regulatory
barriers. Many U.S. protein plants are inspected daily by the USDA
prior to opening. Protein plants must pass these inspections or be
subject to fines, citations and production delays, with costs
running in the tens of thousands of dollars per hour. In addition,
non-protein plants are regularly reviewed by the FDA, with end
customers such as Walmart, McDonald's and Subway driving higher
sanitation standards.
Peer Analysis
Fortrex's 'CC' rating reflects the company's heightened near-term
default risk. The company's cash flows and financial flexibility
have been challenged by customer attrition following the U.S.
Department of Labor's investigations into Fortrex.
Key Assumptions
- Customer losses continue to weigh on the company in 2025, leading
to sales declining and further margin compression;
- Revenue and EBITDA margins begin to recover in 2026;
- Capital intensity of about 1% to 2% of sales over the forecast
period;
- Limited litigation risk stemming from the federal investigation;
- Fitch assumes Fortrex will exercise the PIK option on the
incremental term loans in 2025 and 2026;
- No external liquidity support in the near term.
Recovery Analysis
The recovery analysis assumes that Fortrex would be reorganized
rather than liquidated and would be considered on a going-concern
basis. Fitch has assumed a 10% administrative claim in the recovery
analysis.
In Fitch's recovery analysis, a potential default is caused by loss
of customers and customer churn. Fortrex's going concern (GC)
EBITDA reflects Fitch's view of a sustainable, post-reorganization
EBITDA level. Fortrex is currently showing signs of distress and
Fitch believes EBITDA is approaching trough levels. Fitch believes
the GC EBITDA level will improve alongside the recovery of sales
and margins as the company emerges from distress.
Fitch expects the enterprise value multiple used in Fortrex's
recovery analysis will be approximately 5.5x. Fitch believes the
company's business profile and market position are strong, despite
the highly levered capital structure. Fortrex consistently
generated positive FCF and stable margins while growing
organically.
Fitch's estimate of post-reorganization enterprise value results in
a 'CC/'RR4' rating with a recovery estimate of 35% for the senior
secured loans.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Initiation of restructuring or other transaction that qualifies
as a distressed debt exchange;
- Payment default occurs.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Successful refinancing of revolving credit facility maturing in
March 2026;
- Demonstrated progress toward improving cash flow while
maintaining adequate liquidity.
Liquidity and Debt Structure
As of June 30, 2025, Fortrex had $38 million in cash and no
additional availability on its accounts receivable securitization
facility and revolver. The company's liquidity is pressured by the
forecasted cash burn in 2025 and 2026. The company's revolver
matures in March 2026 and its accounts receivable securitization
facility matures in 2027. The senior secured term loans mature in
2028.
Issuer Profile
Fortrex is North America's largest and the only U.S. nationwide
provider of outsourced cleaning and sanitation services to the
growing food processing industry. The company and its subsidiaries
serve a broad customer base of protein- and non-protein-processing
plants.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
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
Packers Holdings, LLC has an ESG Relevance Score of '4' for Labor
Relations & Practices due to the recent Department of Labor
investigation that is leading to customer attrition, which has a
negative impact on the credit profile and is relevant to the
ratings in conjunction with other factors.
Packers Holdings, LLC has an ESG Relevance Score of '4' for
Management Strategy due to concerns regarding inadequate risk
governance and controls or possibly misaligned incentives
contributing to alleged labor violations, which has a negative
impact on the credit profile and is relevant to the ratings in
conjunction with other factors.
Packers Holdings, LLC has an ESG Relevance Score of '4' for
Governance Structure due to its exposure to board independence
risk, because of sponsor ownership and the potential for aggressive
shareholder distributions, which also 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 Recovery Prior
----------- ------ -------- -----
Packers Holdings, LLC LT IDR CC Downgrade CCC
senior secured LT CC Downgrade RR4 CCC
PAI HOLDCO: BlackRock FRA Marks $716,000 Loan at 24% Off
--------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $716,000 loan extended to PAI Holdco Inc to market at
547,437or 76% of the outstanding amount, as of June 30, 2025,
according to a disclosure contained in BlackRock FRA's Form N-CSR
for the Fiscal year ended June 30, 2025, filed with the Securities
and Exchange Commission.
BlackRock FRA is a participant in a 2024 FLSO Term Loan B to PAI
Holdco Inc. The loan accrues interest at a rate of 8.29% (3-mo. CME
Term SOFR at 0.75% floor+ 4.01%) per annum. The loan matures on
October 28, 2027.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
PAI Holdco, Inc. operates as an investment company.
PAP-R PRODUCTS: Plan Exclusivity Period Extended to December 30
---------------------------------------------------------------
Judge Mary E. Lopinot of the U.S. Bankruptcy Court for the Southern
District of Illinois extended Pap-R Products Company's exclusive
periods to file a plan of reorganization and obtain acceptance
thereof to December 30, 2025 and March 2, 2026, respectively.
As shared by Troubled Company Reporter, the Debtor claims that it
does require additional time to formulate, finalize and file its
chapter 11 plan, although Debtor has made progress in laying the
groundwork for a plan of reorganization. The Debtor needs
additional time to build a consensual plan, which will be the focus
of discussions with its secured creditors and other interested
parties. These discussions are progressing, but more time and
resources will have to be devoted by the parties in furtherance
thereof.
The Debtor asserts that an extension of the Exclusive Periods as
requested herein will not prejudice any party in interest, but
rather will afford Debtor an opportunity to achieve and propose a
confirmable chapter 11 plan. Failure to extend the Exclusive
Periods as requested herein would defeat the very purpose of
section 1121 of the Bankruptcy Code -- i.e., to provide Debtor with
a meaningful and reasonable opportunity to negotiate with creditors
and other parties in interest and propose a confirmable chapter 11
plan.
Pap-R Products Company is represented by:
Larry E. Parres, Esq.
Lewis Rice LLC
600 Washington Ave., Suite 2500
St. Louis, MO 63101
Telephone: (314) 444-7600
Facsimile: (314) 612-7660
Email: lparres@lewisrice.com
About Pap-R Products Company
Founded in 1947, PAP-R Products specializes in a wide range of coin
and currency wrapping solutions. The Company's product lineup
includes flat coin wrappers, automatic coin rolls, currency bands,
and specialized wraps for items such as napkins and canceled
checks. All products are crafted from high-quality Kraft paper and
adhere to ABA standards when applicable. The company also offers
custom imprinting services for most products, excluding basic bill
bands and storage boxes.
Pap-R Products Company sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ill. Case No. 25-60040) on March 3,
2025, listing up to $50 million in both assets and liabilities. The
petition was signed by Kenneth Scott Ware as president.
Larry E. Parres, Esq., at Lewis Rice LLC, serves as the Debtor's
counsel.
PAP-R PRODUCTS: Seeks to Hire SBBA STL LLC as Business Broker
-------------------------------------------------------------
Pap-R Products Company seeks approval from the U.S. Bankruptcy
Court for the Southern District of Illinois to hire SBBA STL, LLC,
d/b/a Sunbelt Business Advisors of St. Louis as business broker in
its Chapter 11 case.
Sunbelt will provide these services:
(a) serve as business broker to find a buyer for the Debtor's
Colorkraft business line;
(b) conduct the sale process for the Colorkraft business in place
at the Martinsville Property; and
(c) assist in negotiations with prospective buyers and facilitate
closing of any sale transaction.
According to court filings, Sunbelt is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Sunbelt Business Brokers of St. Louis
4625 Lindell Blvd Fl 2513
Saint Louis, MO 63108-3725
Telephone: (314) 227-1222
About Pap-R Products Company
Pap-R Products Company specializes in a wide range of coin and
currency wrapping solutions. The Company's product lineup includes
flat coin wrappers, automatic coin rolls, currency bands, and
specialized wraps for items such as napkins and canceled checks.
All products are crafted from high-quality Kraft paper and adhere
to ABA standards when applicable. The company also offers custom
imprinting services for most products, excluding basic bill bands
and storage boxes.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ill. Case No. 25-60040) on March 3,
2025. In the petition signed by Kenneth Scott Ware, president, the
Debtor disclosed up to $50 million in both assets and liabilities.
Larry E. Parres, Esq., at LEWIS RICE LLC, represents the Debtor as
legal counsel.
PAP-R PRODUCTS: Taps Sunbelt Business as Business Broker
--------------------------------------------------------
Pap-R Products Company seeks approval from the U.S. Bankruptcy
Court for the Southern District of Illinois to employ SBBA STL, LLC
d/b/a Sunbelt Business Advisors of St. Louis as its business broker
in its Chapter 11 case.
Sunbelt will provide these services:
(a) arrange and negotiate the possible sale, merger, lease or
trade of all or substantially all of the assets of the Colorkraft
business line;
(b) introduce buyers, assist in negotiations, and advise the
Debtor on the sale of the Colorkraft business;
(c) present the business, including any real property offered for
sale or lease, at a price and on terms acceptable to the Debtor;
(d) preserve confidentiality of proprietary information, cooperate
with other brokers, and prescreen buyer prospects;
(e) advertise its role in the sale of the business; and
(f) collect and review financial, contractual, and operational
documents to provide prospective buyers with a fair and accurate
picture of the business.
Sunbelt will be compensated according to this commission
structure:
-- 8% of a sale transaction over $1.5 million
-- 6% of a sale transaction between $800,000 to $1.5 million
-- 4% of a sale transaction under $800,000
-- reimbursement of out-of-pocket expenses not to exceed
$10,000
According to court filings, Sunbelt is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
SBBA STL, LLC
d/b/a Sunbelt Business Advisors of St. Louis
111 West Port Plaza Drive, Suite 600
St. Louis, MO 63146
Telephone: (314) 708-1200
E-mail: cmercier@sunbeltnetwork.com
About Pap-R Products Company
Pap-R Products Company specializes in a wide range of coin and
currency wrapping solutions. The Company's product lineup includes
flat coin wrappers, automatic coin rolls, currency bands, and
specialized wraps for items such as napkins and canceled checks.
All products are crafted from high-quality Kraft paper and adhere
to ABA standards when applicable. The company also offers custom
imprinting services for most products, excluding basic bill bands
and storage boxes.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ill. Case No. 25-60040) on March 3,
2025. In the petition signed by Kenneth Scott Ware, president, the
Debtor disclosed up to $50 million in both assets and liabilities.
Judge Mary E. Lopinot oversees the case.
Larry E. Parres, Esq., at LEWIS RICE LLC, represents the Debtor as
legal counsel.
PARENT SUPPORT: Joseph DiOrio Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 1 appointed Joseph DiOrio, Esq., at
Pannone Lopes Devereaux & O'Gara LLC as Subchapter V trustee for
Parent Support Network of Rhode Island, Inc.
Mr. DiOrio will be paid an hourly fee of $495 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. DiOrio declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Joseph M. DiOrio, Esq.
Pannone Lopes Devereaux & O'Gara LLC
1301 Atwood Avenue, Suite 215 N
Johnston, RI 02919
Phone: 401-824-5100
Email: jdiorio@pldolaw.com
About Parent Support Network of Rhode Island
Parent Support Network of Rhode Island, Inc. sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. R.I. Case
No. 25-10775) on September 25, 2025, listing between $50,001 and
$100,000 in assets and between $1 million and $10 million in
liabilities.
Judge John A. Dorsey Jr. presides over the case.
Russell D. Raskin, Esq., at Raskin & Berman represents the Debtor
as legal counsel.
PARK HOTELS: S&P Alters Outlook to Negative, Affirms 'BB-' ICR
--------------------------------------------------------------
S&P Global Ratings revised its outlook on U.S. lodging REIT Park
Hotels & Resorts Inc. to negative from stable and affirmed the
'BB-' issuer credit rating. S&P also affirmed its 'BB' issue-level
rating on Park's senior unsecured debt.
S&P said, "The negative outlook reflects our forecast for S&P
Global Ratings-adjusted leverage to be above our 5.5x downgrade
threshold through 2026. Despite elevated leverage, we expect good
EBITDA coverage of interest expenses of 2.5x-3.0x through 2026,
which provides some cushion compared to our 2.5x coverage downgrade
threshold. Nonetheless, we could lower the ratings if we no longer
believed the company will begin to reduce leverage toward the 5.5x
leverage downgrade threshold over the next 12-18 months.
"We expect U.S. lodging REIT Park Hotels & Resorts Inc. to have
elevated S&P Global Ratings-adjusted leverage through 2026 due to
an anticipated revenue per available room (RevPAR) decline of 1%-2%
in 2025. This is due to slower demand in group bookings and leisure
travel, cost inflation, and significant investment spending on
capex, dividends, and share repurchases. As a result, we revised
our base-case assumptions for S&P Global Ratings-adjusted debt to
EBITDA to the low-6.0x area in 2025 and about 6.0x in 2026, which
is weak compared to our 5.5x downgrade threshold.
"The negative outlook reflects our expectations for leverage to be
above our 5.5x downgrade threshold through 2026 amid lower RevPAR
and compressed margins. We recently downwardly revised our
full-year U.S. RevPAR expectations to down 0.5%-1.5% in 2025, as
weakness across lower-end chain scales and slower anticipated
overall demand for U.S. leisure travel will likely result in a
RevPAR decline in 2025. In addition, we expect the current downward
trendline for hotel demand could continue into next year. We assume
U.S. RevPAR could be flat at best in 2026. On Park's second-quarter
earnings call, the company downwardly revised its guidance. It
cited softer-than-anticipated group demand in the third quarter,
with group pace lower by 380 basis points (bps), combined with
softer leisure transient demand, mainly due to heightened economic
uncertainty. As a result, we downwardly revised our revenue and
EBITDA expectations for 2025 and expect the company's portfolio
RevPAR to decline by 1%–2%, consistent with management's
guidance. Further, we expect S&P Global Ratings-adjusted EBITDA
margins to compress 50 bps-100 bps to about 24% in 2025, primarily
due to increased wages and benefits and disruptions from planned
renovations. This results in S&P Global Ratings lease-adjusted
leverage in the low-6.0x area in 2025.
"For 2026, we assume in our base case that Park's portfolio RevPAR
improves 2%-5% as the company benefits from the completion of
multiple renovations, resulting in approximately $30 million in
incremental EBITDA. In addition, the FIFA 2026 World Cup could
bring an influx of travelers to host U.S cities where Park has
hotels, most notably Miami, Boston, and New York. This could
improve leverage to the high-5x area in 2026, which would still be
above our 5.5x downgrade threshold. Our current base case for 2027
incorporates approximately 1%-3% growth in Park's RevPAR, which is
in line with S&P Global economists' forecast for consumer spending
of approximately 2% in 2027. We expect Park's S&P Global
Ratings-adjusted EBITDA margins to expand to about 24%-25% compared
to our expectation of 23.7% in 2025, as Park continues to invest in
its core portfolio and sell underperforming properties that drag
down margins. Partially offsetting high anticipated leverage, we
expect Park's cost of capital to benefit from the high quality of
its currently unencumbered hotels. We also expect it to maintain
EBITDA interest coverage in the mid- to high-2x area, which
provides some cushion to our 2.5x coverage downgrade threshold.
However, we could lower the rating if we no longer believe the
company will begin to materially reduce leverage in 2026."
Park is undergoing multiple transformative renovations that are
affecting its RevPAR and EBITDA margin in 2025. These efforts will
likely continue to be a drag on performance through the first half
of 2026. In May 2025, the company suspended operations at its Royal
Palms South Beach hotel in Miami, Fla., for a renovation and
repositioning. The company expects to spend about $103 million in
total, of which it has spent $25 million as of June 2025. Park is
confident the project will deliver a high return on investment and
strong demand during the FIFA 2026 World Cup. In addition, Park is
in the final phases of its renovations of the Hilton Hawaiian
Village Waikiki Beach Resort and Hilton Waikoloa Village, which the
company expects to complete in the first quarter of 2026. Lastly,
in the fourth quarter of this year, Park expects to complete the
second phase of its room renovations at its Hilton New Orleans
Riverside property. S&P said, "Incorporating the spending
associated with these projects, we expect total capex of about $310
million-$330 million in 2025, which is significantly higher than in
recent years. However, we expect capex to decline to around $200
million-$225 million in 2026. Capex could decline more than we
assume in our base case if the company accelerates asset sales of
its noncore portfolio."
Park's willingness to sustain leverage above its financial policy
target range as it completes share repurchases is a material
downside rating risk. The company's financial policy decisions will
partially determine its deleveraging path. It has a publicly stated
net leverage target range of 3x-5x. However, Park's use of excess
cash on its balance sheet to fund share repurchases over the past
two years is partially why it has sustained leverage above 5x (the
high end of its policy range), even as EBITDA generation recovered
from the pandemic. The company's elevated leverage in 2025 leaves
minimal room for operational challenges in 2026 if the company is
to begin materially reducing leverage toward our 5.5x downgrade
threshold. However, we expect Park to limit share repurchases in
2025 to the $45 million it repurchased in the first quarter and
repurchase minimal amounts in 2026 as it works toward its net
leverage target.
In addition, Park has a publicly stated goal of $300 million-$400
million in noncore dispositions that it expects to achieve by year
end 2025. So far, it has generated approximately $80 million in
gross proceeds from the sale of the Hyatt Centric Fisherman's Wharf
in San Francisco. Moreover, management indicated on its
second-quarter earnings call that it's in discussions with
potential buyers for several noncore assets. S&P said, "We expect
Park to continue to sell or exit noncore and underperforming
assets, which is in line with its long-term strategy. As Park sells
noncore assets, we expect its credit metrics--most notably its
EBITDA margin--will improve, as its core portfolio generates
significantly stronger RevPAR and hotel-adjusted EBITDA. However,
Park's current and forecasted leverage provide limited flexibility
to grow its room base without taking on incremental debt financing.
In such a scenario, we expect leverage could be sustained above our
5.5x downgrade threshold."
S&P said, "Given the uncertainty of the timing of hotel
transactions, we've assumed that Park completes the remainder of
its stated $300 million-$400 million asset disposition program by
the end of 2026 and deploys net proceeds to reduce debt.
Park has a geographic concentration in Hawaii. This exposes the
company to broad declines in destination travel and event risk.
Since 2019, and following its acquisition of Chesapeake Lodging
Trust, Park has disposed 18 noncore hotels. Since the company's
exit from its San Francisco Hilton properties, Hawaii has accounted
for approximately 30% of hotel-adjusted EBITDA in 2024, making it
the company's largest market. Furthermore, this concentration could
increase following its renovation projects at its Hawaiian resorts
in 2025 and 2026 and its noncore asset sales. S&P said, "We view
this concentration in a single market as a potential business risk
that could result in additional volatility over an economic cycle
if consumers pull back on discretionary travel to destination
markets."
The significant concentration in a destination travel market such
as Hawaii also exposes the company to event risk related to terror
attacks, geopolitical unrest, and health scares that--while
temporary--have significant negative impacts on travel demand and
financial performance of lodging companies. Events that could
affect ratings are those similar in scope and longevity to the
aftermath of Sept. 11, 2001, the COVID-19 pandemic, and periodic
flu pandemic scares over the past two decades, particularly if they
coincide with an otherwise weak economy.
S&P said, "The negative outlook reflects our forecast for S&P
Global Ratings-adjusted leverage to be above our 5.5x downgrade
threshold through 2026. Despite elevated leverage, we expect good
EBITDA coverage of interest expenses of 2.5x-3.0x through 2026,
which provides some cushion compared to our 2.5x coverage downgrade
threshold. Nonetheless, we could lower the ratings if we no longer
believed the company will begin to reduce leverage toward the 5.5x
leverage downgrade threshold over the next 12-18 months."
S&P could lower the rating if:
-- Park's doesn't make material progress toward reducing its S&P
Global Ratings-adjusted leverage in 2026, which could occur due to
weakness in the company's RevPAR and EBITDA, or if it engages in a
debt-financed acquisitions or share repurchases; or
-- S&P believes Park will sustain S&P Global Ratings-adjusted net
debt to EBITDA above 5.5x or S&P Global Ratings-adjusted EBITDA to
interest expense coverage below 2.5x.
If Park is unable to complete its asset disposition program through
the end of 2026, or if the company does not use net proceeds to
reduce its debt, which S&P expects would result in leverage
sustaining about our 5.5x threshold.
S&P said, "We could revise our outlook to stable if Park's RevPAR
and EBITDA, following the completion of renovation projects in the
first half of 2026, increases such that we expect that it will
reduce leverage below our 5.5x downgrade threshold through the
first half of 2027. Additionally, while unlikely at this time, we
could raise the rating if Park maintains net leverage below 4.5x.
An upgrade would also depend on our belief that Park's leverage has
a sufficient cushion below 4.5x, incorporating share repurchases
and debt-financed acquisitions. Park's publicly stated financial
policy targets net leverage of 3x-5x. If the company nears the low
end of its target range, we expect it could entertain debt-financed
acquisitions to expand the portfolio or pursue opportunistic share
repurchases. Therefore, we believe it's unlikely that leverage
would remain sufficiently below 4.5x in the near to intermediate
term."
PG&E CORPORATION: Execs, Insurers Win Dismissal of Investor Suit
----------------------------------------------------------------
Law360 and Bloomberg Law report that a California federal judge has
dismissed an investor class action against PG&E officers,
directors, and underwriters that sought to hold them liable for
shareholder losses tied to devastating wildfires.
The suit alleged the company misled investors about its safety
practices, but the court ruled the claims were insufficiently
pleaded, according to the report. The judge, however, granted the
investors another opportunity to amend their complaint for a fifth
time.
In his September 30, 2025 decision, U.S. District Judge Edward J.
Davila said the plaintiffs failed to specify which PG&E executives
or board members were directly responsible for the allegedly
misleading statements. Without clearly attributing the claims to
individual defendants, the allegations could not meet the required
legal standard to proceed.
The case arises from the catastrophic 2017 and 2018 Northern
California wildfires, for which PG&E has already faced billions in
liabilities. While the court acknowledged that some of the
company's statements about safety might be questionable, it found
the investors' current arguments too vague. The plaintiffs now have
one last chance to correct those shortcomings, the report states.
The case is IN RE PG&E CORPORATION SECURITIES LITIGATION, Case No.
5:18-cv-03509, N.D. Cal. A full-text copy of the Order is available
at https://tinyurl.com/yc6dupk3
About PG&E Corporation
PG&E Corporation (NYSE: PCG) -- http://www.pgecorp.com/-- is a
Fortune 200 energy-based holding company, headquartered in San
Francisco. It is the parent company of Pacific Gas and Electric
Company, an energy company that serves 16 million Californians
across a 70,000-square-mile service area in Northern and Central
California.
PG&E Corporation and its regulated utility subsidiary, Pacific Gas
and Electric Company, faced extraordinary challenges relating to a
series of catastrophic wildfires that occurred in Northern
California in 2017 and 2018. The utility faced an estimated $30
billion in potential liability damages from California's deadliest
wildfires of 2017 and 2018.
On Jan. 29, 2019, PG&E Corp. and its primary operating subsidiary,
Pacific Gas and Electric Company, filed voluntary Chapter
11petitions (Bankr. N.D. Cal. Lead Case No. 19-30088). As of Sept.
30, 2018, the Debtors, on a consolidated basis, had reported $71.4
billion in assets on a book value basis and $51.7 billion in
liabilities on a book value basis.
Weil, Gotshal & Manges LLP and Cravath, Swaine & Moore LLP served
as PG&E's legal counsel, Lazard as its investment banker and
AlixPartners, LLP as the restructuring advisor to PG&E. Prime Clerk
LLC is the claims and noticing agent.
PG&E has appointed James A. Mesterharm, a managing director at
AlixPartners, LLP, and an authorized representative of AP Services,
LLC, to serve as Chief Restructuring Officer. In addition, PG&E
appointed John Boken also a Managing Director at AlixPartners and
an authorized representative of APS, to serve as Deputy Chief
Restructuring Officer.
Morrison & Foerster LLP served as the Debtors' special regulatory
counsel. Munger Tolles & Olson LLP also served as special
counsel.
The Office of the U.S. Trustee appointed an official committee of
creditors on Feb. 12, 2019. The Committee retained Milbank LLP as
counsel; FTI Consulting, Inc., as financial advisor; Centerview
Partners LLC as investment banker; and Epiq Corporate
Restructuring, LLC as claims and noticing agent.
On Feb. 15, 2019, the U.S. trustee appointed an official committee
of tort claimants. The tort claimants' committee is represented by
Baker & Hostetler LLP.
* * *
PG&E Corporation and Pacific Gas and Electric Co. announced July 1,
2020, that PG&E has emerged from Chapter 11, successfully
completing its restructuring process and implementing PG&E's Plan
of Reorganization that was confirmed by the United States
Bankruptcy Court on June 20, 2020.
For the benefit of fire victims, the Plan provided for a Fire
Victim Trust, which was funded with an oft-stated value of $13.5
billion, to be half in cash and half in new company PG&E common
stock. The $6.75 billion in cash was paid. With respect to the
stock consideration, 478 million shares of PG&E stock were
delivered to the Fire Victim Trust in accordance with an agreed-to
formula under the Plan.
PHILLIPS ACRES: Court Extends Cash Collateral Access to Oct. 30
---------------------------------------------------------------
Phillips Acres, Inc. received another extension from the U.S.
Bankruptcy Court for the Eastern District of North Carolina,
Greenville Division, to use cash collateral to fund operations.
The court's interim order authorized the Debtor to use cash
collateral in accordance with its budget until the earlier of (i)
October 30; (ii) the Debtor ceases operations; (iii) the Debtor
expends any funds or monies for any purpose or amount other than
what is set forth in the budget, (iv) any material or intentional
misrepresentation by the Debtor in the reporting to the court; (v)
non-compliance or default of the Debtor with any terms and
provisions of the interim order; or (vi) another order concerning
cash collateral is entered.
For the period from October 1 to 30, the Debtor believes that it
will need approximately $11,030 in cash to properly operate the
farm.
As adequate protection for any post-petition diminution in value of
their interests in their collateral, creditors will be granted
post-petition continuing replacement liens on the collateral. These
replacement liens will have the same validity, priority and extent
as the secured creditors' pre-bankruptcy liens.
The next hearing will be held on October 29.
About Phillips Acres Inc.
Phillips Acres, Inc operates a flock production facility for
turkeys located on a 108.1-acre property in Greene County, North
Carolina.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-03601-5-PWM) on
September 16,2025. In the petition signed by David N. Phillips,
president, the Debtor disclosed up to $1million in assets and up to
$10 million in liabilities.
Judge Pamela W. McAfee oversees the case.
C. Scott Kirk, Esq. represents the Debtor as legal counsel.
PHOEBEN 2 LLC: Hires Waldron & Schneider as Legal Counsel
---------------------------------------------------------
Phoeben 2, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Texas, Houston Division, to hire Waldron &
Schneider, PLLC to serve as general bankruptcy counsel in its
Chapter 11 case.
Waldron & Schneider will provide these services:
(a) advise the Debtor with respect to its rights, duties and
powers in this case;
(b) assist and advise the Debtor in the administration of this
case;
(c) assist the Debtor in analyzing the claims of the creditors and
in negotiating with such creditors;
(d) assist the Debtor in the analysis of and negotiations with any
third-party concerning matters relating to, among other things, the
terms of plans of reorganization;
(e) represent the Debtor at all hearings and other proceedings;
(f) review and analyze all applications, orders, statements of
operations and schedules filed with the Court and advise the Debtor
as to their propriety;
(g) assist the Debtor in preparing pleadings and applications as
may be necessary in furtherance of the Debtor's interests and
objectives; and
(h) perform such other legal services as may be required and are
deemed to be in the interests of the Debtor in accordance with the
Debtor's powers and duties as set forth in the Bankruptcy Code.
WS will be compensated at hourly rates ranging from $250 to $475
for attorneys and $195 to $200 for clerks, paraprofessionals, and
other timekeepers. The firm received a retainer of $26,717.00, of
which $21,717.00 remains in the client trust account.
Waldron & Schneider 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:
Kimberly A. Bartley, Esq.
WALDRON & SCHNEIDER, PLLC
15150 Middlebrook Drive
Houston, Texas 77058
Telephone: (281) 488-4438
Facsimile: (281) 488-4597
E-mail: kbartley@ws-law.com
About Phoeben 2 LLC
Phoeben 2 LLC, doing business as Armenta, is a Houston-based
jewelry company that designs and manufactures handcrafted
collections using mixed metals and gemstones.
Phoeben 2 sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Texas Case No. 25-35368) on
September 12, 2025. In its petition, the Debtor reported total
assets of $710,465 and total liabilities of $3,098,776.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Kimberly A. Bartley, Esq., at Waldron
& Schneider, PLLC.
PLATE RESTAURANT GROUP: Gets Final OK to Use Cash Collateral
------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Kansas issued a final
order granting Plate Restaurant Group LLC's motion retroactive to
July 18.
The final order authorized the Debtor to use cash collateral to pay
ordinary business expenses in accordance with its budget.
Deviations of up to 10% per line item or overall are permitted.
Community America Credit Union and other creditors whose cash
collateral is used post-petition will be granted replacement liens
on the Debtor's post-petition assets, matching their pre-bankruptcy
priorities.
The replacement liens do not apply to avoidance actions and assets,
which the secured creditors did not have a right to
pre-bankruptcy.
As further protection, Community America Credit Union will continue
to receive a monthly payment of $3,937.09.
The final order remains effective until further order of the
bankruptcy court.
About Plate Restaurant Group LLC
Plate Restaurant Group LLC is a Kansas City-based restaurant
business.
Plate Restaurant Group LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Kan. Case No. 25-20996) on July 18,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $500,000 and $1 million.
Honorable Bankruptcy Judge Dale L. Somers handles the case.
The Debtor is represented by:
George J. Thomas
Phillips & Thomas, LLC
Tel: 913-385-9900
Email: geojthomas@gmail.com
POINT CLEAR: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: Point Clear Capital Advisors, LLC
14239 Perdido Key Dr.
Apt. 8
Pensacola, FL 32507
Business Description: Point Clear Capital Advisors, LLC provides
investment management and advisory services
and is based in Pensacola, Florida.
Chapter 11 Petition Date: October 1, 2025
Court: United States Bankruptcy Court
Northern District of Florida
Case No.: 25-30963
Judge: Hon. Jerry C. Oldshue, Jr.
Debtor's Counsel: Jodi Daniel Dubose, Esq.
STICHTER, RIEDEL, BLAIN & POSTLER, P.A.
440 Bayfront Pkwy.
Pensacola, FL 32502
Tel: 850-637-1836
Estimated Assets: $0 to $50,000
Estimated Liabilities: $50 million to $100 million
The petition was signed by Darryl Seelhorst as authorized member.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/632V67Y/Point_Clear_Capital_Advisors_LLC__flnbke-25-30963__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/6REOGUY/Point_Clear_Capital_Advisors_LLC__flnbke-25-30963__0001.0.pdf?mcid=tGE4TAMA
POOLE FUNERAL: Hires Foresight Companies as Marketing Advisor
-------------------------------------------------------------
Poole Funeral Home Real Estate, LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Tennessee to hire The
Foresight Companies, LLC as marketing advisor in its Chapter 11
case.
Foresight will provide these services:
(a) develop a valuation analysis, which considers factors such as
historical performance, growth potential, industry trends,
comparable transactions and real estate values;
(b) prepare a Confidential Information Memorandum which consists
of a comprehensive professional summary highlighting the businesses
strengths, financials, market position, and growth prospects;
(c) identify and screen potential buyers by using our network and
resources to find buyers who align with the Debtors objectives,
identify a qualified buyer at an acceptable purchase price and
assist in the negotiation of a Letter of Intent, assist in the due
diligence process, including third-party inspections, property
analysis, inventory lists, and reviewing financial records and
pre-need contracts;
(d) assist and oversee the drafting and negotiating of sales
purchase agreements or otherwise facilitating a sale of the
businesses as a going concern; and
(e) finalize a sale and transfer of business assets—including
the disposition of a successful business sale.
Foresight will receive compensation on a percent-earned basis of
five percent commission of any business purchase price, subject to
the Court's approval.
The Foresight Companies is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Christopher H. Cruger
THE FORESIGHT COMPANIES, LLC
140 Intracoastal Pointe Dr, Suite 405
Jupiter, FL 33477-5094
About Poole Funeral Home Real Estate
Poole Funeral Home Real Estate, LLC operates Poole Funeral Homes at
Woodstock, a locally owned funeral facility in North Georgia. The
Company offers burial, cremation, veteran, green burial, and
personalization services, along with caskets and urns. It
emphasizes community-focused service, positioning itself as an
alternative to corporately owned funeral providers.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-11197) on May 12,
2025. In the petition signed by Brian K. Poole, CEO, the Debtor
disclosed up to $10 million in assets and up to $50 million in
liabilities.
Judge Nicholas W. Whittenburg oversees the case.
Roy Michael Roman, Esq., at RMR Legal PLLC, represents the Debtor
as bankruptcy counsel.
POTTSVILLE OPERATIONS: Plan Exclusivity Period Extended to Oct. 10
------------------------------------------------------------------
Judge Jeffery A. Deller of the U.S. Bankruptcy Court for the
Western District of Pennsylvania extended Care Pavilion Debtors',
affiliates of Pottsville Operations, LLC, exclusive periods to file
a plan of reorganization and obtain acceptance thereof to October
10 and December 9, 2025, respectively.
As shared by Troubled Company Reporter, the Pottsville Debtors
continue to operate their businesses and manage their properties as
debtors in possession pursuant to sections 1107(a) and 1108 of the
Bankruptcy Code. As of the date hereof, no trustee or examiner has
been appointed in the Chapter 11 Cases.
This is the Pottsville Debtors' fourth request to extend the
Exclusive Periods.
The Pottsville Debtors and other interested parties, including the
Pottsville Committee, are still in the process of discussing the
terms of a chapter 11 plan and need additional time to work out the
details. Extending the Exclusive Periods will benefit creditors by
avoiding the drain on estate assets attendant to a competing
chapter 11 plan. The Debtors are making good faith efforts to
advance the bankruptcy case in a manner that will maximize the
return for the estate.
The Debtors explain that they have been paying their undisputed
post-petition bills. Likewise, the Debtors are current on their
payments to the U.S. Trustee on account of quarterly fees.
Furthermore, no parties have opposed the three prior motions to
extend the Exclusive Periods. Thus, the requested extension of the
Exclusive Periods will not jeopardize the rights of creditors and
other parties who do business with the Debtors during the Chapter
11 Case.
The Debtors' Counsel:
Elizabeth A. Green, Esq.
Andrew V. Layden, Esq.
BAKER & HOSTETLER LLP
SunTrust Center, Suite 2300
200 South Orange Avenue
Orlando, Florida 32801-3432
Tel: (407) 540-7920
Fax: (407) 841-0168
E-mail: egreen@bakerlaw.com
E-mail: alayden@bakerlaw.com
The Debtors' Local Counsel:
Daniel R. Schimizzi, Esq.
Mark A. Lindsay, Esq.
Harry A. Readshaw, Esq.
Jordan N. Kelly, Esq.
Sarah E. Wenrich, Esq.
RAINES FELDMAN LITTRELL, LLP
11 Stanwix Street, Suite 1100
Pittsburgh, PA 15222
Tel: 412-899-6474
E-mail: dschimizzi@raineslaw.com
mlindsay@raineslaw.com
hreadshaw@raineslaw.com
jkelly@raineslaw.com
swenrich@raineslaw.com
About Pottsville Operations
Pottsville Operations LLC and its affiliates own and operates six
skilled nursing facilities in Pennsylvania. Collectively,
Pottsville has 925 beds across the six facilities, and 759
residents currently at the Facilities as of the Petition Date.
Pottsville acquired the facilities in May of 2021.
Pottsville Operations and its 10 affiliates sought relief under
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
W.D. Penn. Lead Case No. 24-70418) on Oct. 15, 2024. In the
petition signed by Neil Luria, as chief restructuring officer,
Pottsville reports estimated assets between $1 million and $10
million and estimated liabilities between $10 million and $50
million.
Bankruptcy Judge Jeffery A Deller handles the cases.
The Debtors tapped Baker & Hostetler, LLP as general bankruptcy
counsel; and RAaines Feldman Littrell, LLP as local counsel. SOLIC
Capital Advisors LLC is serving as financial advisor, and Solic's
Neil Luria has been tapped as CRO of the Debtors. Stretto, Inc. is
the claims agent.
Margaret Barajas is the patient care ombudsman appointed in the
Debtors' cases.
PRAESUM HEALTHCARE: Taps Frost & Associates as Tax Counsel
----------------------------------------------------------
Praesum Healthcare Services, LLC and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of
Florida, West Palm Beach Division, to employ Rebecca Sheppard, Esq.
and Frost & Associates, LLC d/b/a Frost Law as special tax counsel
in their Chapter 11 cases, retroactive to the August 13, 2025
petition date.
Ms. Sheppard and Frost Law will provide these services:
(a) represent the Debtors in connection with their Employee
Retention Credit tax appeal before the Internal Revenue Service;
(b) provide related tax law services on an hourly fee basis; and
(c) assist in any matters necessary and appropriate relating to
the ongoing tax dispute.
Compensation for services will be at these hourly rates:
—Rebecca Sheppard, Esq.: $850
–Accountant Justin Elanjian: $850
–Associate attorney Hunter Scott, Esq.: $425
–Paralegal Chris Hebron: $250
According to court filings, Frost Law is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Rebecca Sheppard, Esq.
FROST & ASSOCIATES, LLC d/b/a FROST LAW
839 Bestgate Road, Suite 400
Annapolis, MD 21401
About Praesum Healthcare Services
Praesum Healthcare Services LLC operates a network of behavioral
health and addiction treatment facilities across the United States,
offering a full continuum of care that includes medical
detoxification, residential rehabilitation, and outpatient
counseling. The Company's brands include Sunrise Detox, which
provides medically supervised detox services, Evolve Recovery
Center, which delivers residential treatment programs, and The
Counseling Center, which offers outpatient and intensive outpatient
therapy, with locations in multiple states including New Jersey,
New York, Massachusetts, Georgia, and Florida. Founded in 2004,
Praesum Healthcare manages more than two dozen centers under these
brands, serving individuals with substance use disorders and
co-occurring mental health conditions.
Praesum Healthcare Services sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Fla. Lead Case No. 25-19335) on
August 13, 2025. In its petition, the Debtor reported estimated
assets between $50 million and $100 million and estimated
liabilities between $10 million and $50 million.
Honorable Bankruptcy Judge Erik P. Kimball handles the case.
The Debtor is represented by Bradley S. Shraiberg, Esq., at
Shraiberg Page, PA.
City National Bank of Florida, as lender, is represented by:
Alexandra D. Blye, Esq.
Carlton Fields, P.A.
525 Okeechobee Boulevard, Suite 1200
West Palm Beach, FL 33401
Telephone: (561) 659-7070
E-mail: ablye@carltonfields.com
PREMIER SURGICAL: U.S. Trustee Appoints PCO for Michael E Jones MD
------------------------------------------------------------------
William Harrington, the U.S. Trustee for Region 2, appointed David
Crapo, Esq., at Gibbons P.C., as patient care ombudsman for Michael
E Jones MD PC, a debtor affiliate of Premier Surgical Pavilion of
Oxon Hill, LLC.
The appointment was made pursuant to the order from the U.S.
Bankruptcy Court for the Southern District of New York on September
19.
Mr. Crapo disclosed in a court filing that he is a "disinterested
person" pursuant to Section 101(14) of the Bankruptcy Code.
Section 333(b) of the Bankruptcy Code provides that the patient
care ombudsman shall:
* Monitor the quality of patient care provided to patients of
the debtor, to the extent necessary under the circumstances,
including interviewing patients and physicians;
* Not later than 60 days after the date of this appointment,
and not less frequently than at 60-day intervals thereafter, report
to the court after notice to the parties in interest, at a hearing
or in writing, regarding the quality of patient care provided to
patients of the debtor; and
* If such ombudsman determines that the quality of patient
care provided to patients of the debtor is declining significantly
or is otherwise being materially compromised, file with the court a
motion or written report, with notice to the parties in interest
immediately upon making such determination.
The ombudsman may be reached at:
David N. Crapo, Esq.,
Gibbons P.C.
One Gateway Center
Newark, New Jersey 07102-5310
(973) 596-4523
About Premier Surgical Pavilion of Oxon Hill
and Michael E Jones MD
Premier Surgical Pavilion of Oxon Hill LLC provides outpatient
surgical services through an ambulatory surgery center in Oxon
Hill, Maryland. The facility offers flexible scheduling, including
evening and weekend appointments, and operates under accreditation
from the Accreditation Association for Ambulatory Health Care and
certification from the Centers for Medicare & Medicaid Services.
Michael E Jones MD, PC provides cosmetic and reconstructive surgery
services from its main facility in New York, New York. The practice
offers procedures such as rhinoplasty, liposuction, Brazilian Butt
Lift, and keloid removal, with a focus on serving diverse patient
populations. It is led by Dr. Michael E. Jones, who is
board-certified in facial plastic and reconstructive surgery as
well as otolaryngology. Michael E Jones MD operates additional
offices in several U.S. cities including Los Angeles, Atlanta, and
Miami.
Premier sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D.N.Y. Case No. 25-11607) on July 22, 2025, listing up to
$50,000 in assets and between $1 million and $10 million in
liabilities. On August 7, 2025, Michael E Jones MD filed Chapter 11
petition (Bankr. S.D.N.Y. Case No. 25-11745), listing up to $50,000
in assets and between $1 million and $10 million in liabilities.
The cases are jointly administered under Case No. 25-11607.
The Debtors are represented by Anthony Vassallo, Esq., at the Law
Office of Anthony M. Vassallo.
PRIMUS CONTRACTING: Seeks Chapter 7 Bankruptcy in California
------------------------------------------------------------
On September 22, 2025, Primus Contracting Group Inc. commenced a
voluntary Chapter 7 case in the Southern District of California.
According to the petition, the company reports debts ranging from
$1 million to $10 million, and 1 to 49 creditors.
About Primus Contracting Group Inc.
Primus Contracting Group Inc. provides top-tier construction and
development solutions.
Primus Contracting Group Inc. sought relief under Chapter 7 of the
U.S. Bankruptcy Code (Bankr. S.D. Cal. Case No. 25-03881) on
September 22, 2025. In its petition, the Debtor reports estimated
assets between $100,001 and $1 million and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Christopher B. Latham handles the
case.
The Debtor is represented by Christopher V. Hawkins, Esq. of
Fennemore LLP.
PROSPECT MEDICAL: Uconn Health Finalizes Bid to Buy 3 Hospitals
---------------------------------------------------------------
Mike Savino of NBC Connecticut reports that UConn Health is moving
ahead with its plan to acquire three Connecticut hospitals, arguing
the move will stabilize care for patients while also protecting
taxpayers.
Chairman John Driscoll said the board began considering expansion
after a consultant's review last 2024 showed the system had been
running annual budget deficits of about $140 million between 2020
and 2023, according to the report.
Initial discussions centered on Day Kimball and Bristol hospitals,
but negotiations later broadened to include Waterbury Hospital,
which has been struggling under Prospect Medical Holdings'
ownership and is now tied up in bankruptcy.
The financial condition of Waterbury Hospital remains the biggest
concern. Driscoll estimated the facility will require at least $250
million in capital improvements after years of underfunding by
Prospect. He argued that while UConn Health can quickly stabilize
Bristol and Day Kimball, the state will need to provide backing if
Waterbury is to become viable. Yale New Haven Health had previously
pursued a deal to buy multiple Prospect hospitals, but that effort
collapsed during the state’s Certificate of Need process, the
report states.
Legislative leaders are weighing the proposal. Sen. Saud Anwar,
D-South Windsor, supports the acquisition, saying UConn Health
should expand its footprint given the high number of Medicaid and
Medicare patients it serves. Sen. Heather Somers, R-Groton, said
she wants more details before committing, particularly on how the
state will ensure Waterbury Hospital can operate sustainably
without long-term subsidies.
The debate comes as Hartford HealthCare pursues its own bid for
Manchester Memorial and Rockville General hospitals, meaning state
regulators could soon face two major merger applications at once.
Under a new law, the Office of Health Strategy must make decisions
within 60 days on acquisitions involving bankrupt hospitals. Gov.
Ned Lamont said he is confident the office will move quickly,
emphasizing that state leaders are aligned on the need to secure a
deal that protects patients and stabilizes the healthcare system,
the report relays.
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.
PROST LLC: Unsecured Creditors Will Get 12.4% of Claims in Plan
---------------------------------------------------------------
Prost, LLC filed with the U.S. Bankruptcy Court for the Southern
District of California a Plan of Reorganization for Small Business
dated September 24, 2025.
The Debtor is a California limited liability company formed in
2011. Clint Stromberg and Molly Rust, husband and wife, are the
managing members of Debtor (collectively, the "Insiders").
Previously, Debtor operated as "Bolt Brewery" at three locations:
(1) 8179 Center Street, La Mesa, CA 91942 ("La Mesa Location"),
which opened in December 2013, (2) 1971 India Street, San Diego, CA
92101 ("Little Italy Location"), which opened in August 2014, and
(3) 2547 San Diego Avenue, San Diego, CA 92010 ("Old Town
Location"), which opened in July 2023.
In June 2025, Debtor surrendered possession of the Old Town
Location. And in July 2025, Debtor surrendered possession of the La
Mesa Location. Around this same time, Debtor transitioned the
Little Italy Location from Bolt Brewery to Taco Loco. Initial
results have been encouraging. The Little Italy Location did not
experience any sales decline in the immediate aftermath. And its
sales and profitability has grown in the past two months.
This Plan has a 60-month term which ends on December 31, 2030. Over
this term, the Debtor will have $233,559.80 in projected disposable
income.
Under the Plan, the Debtor proposes to pay $242,385.38 to
creditors. Plan payments will be paid on a quarterly basis with
each quarterly payment due not later than the last day of each
calendar quarter (i.e., March 31, June 30, September 30, and
December 31). Each quarter referred to herein shall be abbreviated.
For example, the first quarter of 2026 shall be referred to as
1Q’26.
This Plan of Reorganization proposes to pay creditors of Debtor
from disposable operating income from normal business operations.
Overall, the Plan projects to pay a 12.4% distribution to general
unsecured creditors. The Plan provides for the payment of
$72,000.00 total to general unsecured claims from 4Q'29 to 4Q'30,
which shall be distributed pro rata to holders of allowed general
unsecured claims.
The Plan provides for the payment of administrative expense claims
in full by 1Q'27, and payment of priority tax claims in full (with
applicable legal interest) by 3Q'28.
Class 3 consists of General Unsecured Claims. Each allowed Class
3(a) claim shall receive a pro rata distribution of equal quarterly
payments in the amount of $8,000.00 beginning in 4Q'28 and ending
in 4Q'30. The allowed unsecured claims total $581,466.58. This
Class is impaired.
Each holder of a Class 4 Interest will retain their rights and
interests without impairment and will not receive any payments on
account for their Class 4 Interests during the life of the Plan.
The Plan will be funded with the following: (i) cash on hand, (ii)
Debtor's protected disposable income over a period of sixty months,
and (iii) pursuit of other estate claims and causes of action, if
any.
A full-text copy of the Plan of Reorganization dated September 24,
2025 is available at https://urlcurt.com/u?l=1768s4 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Donald W. Reid, Esq.
Law Office Of Donald W. Reid
PO Box 2227
Fallbrook, CA 92088
Tel: (951) 777-2460
Email: don@donreidlaw.com
About Prost LLC
Prost LLC is a San Diego-based food service company operating
multiple restaurant and brewery concepts including Taco Loco, Bolt
Brewery, and Diego's Baja Grill.
Prost LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Cal. S.D. Cal. Case No. 25-03311) on August 11,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100,000 and $500,000 each.
The Debtor is represented by Donald Reid, Esq. at Law Office Of
Donald W. Reid.
PSB NY HOLDINGS: Hires Cushner & Associates as Legal Counsel
------------------------------------------------------------
PSB NY Holdings, LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to hire Todd S. Cushner of
Cushner & Associates, P.C. to serve as legal counsel in its Chapter
11 case.
Mr. Cushner will provide these services:
(a) advising the Debtor concerning the conduct of the
administration of this bankruptcy case;
(b) preparing all necessary applications and motions as required
under the Bankruptcy Code, Federal Rules of Bankruptcy Procedure,
and Local Bankruptcy Rules;
(c) preparing a disclosure statement and plan of reorganization;
and
(d) performing all other legal services necessary to the
administration of the case.
Mr. Cushner will receive $500 per hour, and paralegals will receive
$250 per hour. Cushner & Associates, P.C. has received $2,500 in
connection with this Chapter 11 case, with $2,500 applied to
attorneys' fees.
Cushner & Associates, P.C. is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Todd S. Cushner, Esq.
CUSHNER & ASSOCIATES, P.C.
399 Knollwood Road Suite 205
White Plains, NY 10603
Telephone: (914) 600-5502
E-mail: todd@cushnerlegal.com
jrufo@cushnerlegal.com
About PSB NY Holdings, LLC
PSB NY Holdings, LLC sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-92191) on Sept. 25,
2025.
At the time of the filing, the Debtor had estimated assets of
between $0 to $50,000 and liabilities of between $100,001 to
$500,000.
Judge Elizabeth S. Stong oversees the case.
Cushner & Associates, P.C. is Debtor's legal counsel.
PUERTO RICO: Court Says Oversight Committee Members Firing Unlawful
-------------------------------------------------------------------
Jim Wyss and Michelle Kaske of Bloomberg News report that the U.S.
District Court of Puerto Rico ruled that the Trump administration
overstepped its authority when it dismissed several members of
Puerto Rico's Financial Oversight and Management Board (FOMB) in
August.
The court found that the White House's action to remove the members
violated federal law governing the board's structure and
independence, according to the report.
The administration had fired six of the seven board members, a move
that prompted three of them — Arthur Gonzalez, Andrew Biggs, and
Betty Rosa — to challenge their removal. They argued that the
dismissals were politically motivated and lacked the legal
justification required for such action under the Puerto Rico
Oversight, Management, and Economic Stability Act (PROMESA), the
report states.
In a decision issued Friday, October 3, 2025, U.S. District Judge
Maria Antongiorgi-Jordan agreed with the plaintiffs, ruling that
the White House failed to provide valid cause for their
termination. The judge's ruling reinstates the members and
reinforces the board’s autonomy as it continues to oversee Puerto
Rico's fiscal recovery and debt restructuring efforts.
About Puerto Rico
Puerto Rico is a self-governing commonwealth in association with
the United States. The chief of state is the President of the
United States of America. The head of government is an elected
Governor. There are two legislative chambers: the House of
Representatives, 51 seats, and the Senate, 27 seats. The
governor-elect is Ricardo Antonio Rossello Nevares, the son of
former governor Pedro Rossello.
In 2016, the U.S. Congress passed PROMESA, which, among other
things, created the Financial Oversight and Management Board and
imposed an automatic stay on creditor lawsuits against the
government, which expired May 1, 2017.
The members of the oversight board are: (i) Andrew G. Biggs, (ii)
Jose B. Carrion III, (iii) Carlos M. Garcia, (iv) Arthur J.
Gonzalez, (v) Jose R. Gonzalez, (vi) Ana. J. Matosantos, and (vii)
David A. Skeel Jr.
On May 3, 2017, the Commonwealth of Puerto Rico filed a petition
for relief under Title III of the Puerto Rico Oversight,
Management, and Economic Stability Act (PROMESA). The case is
pending in the United States District Court for the District of
Puerto Rico under case number 17-cv-01578. A copy of Puerto Rico
PROMESA petition is available at
http://bankrupt.com/misc/1701578-00001.pdf
On May 5, 2017, the Puerto Rico Sales Tax Financing Corporation
(COFINA) commenced a case under Title III of PROMESA (D.P.R. Case
No. 17-01599). Joint administration has been sought for the Title
III cases.
On May 21, 2017, two more agencies; Employees Retirement System of
the Government of the Commonwealth of Puerto Rico and Puerto Rico
Highways and Transportation Authority (Case Nos. 17-01685 and
17-01686) commenced Title III
cases.
U.S. Chief Justice John Roberts named U.S. District Judge Laura
Taylor Swain to preside over the Title III cases.
The Oversight Board has hired as advisors, Proskauer Rose LLP and
Neill & Borges LLC as legal counsel, McKinsey & Co. as strategic
consultant, Citigroup Global Markets as municipal investment
banker, and Ernst & Young, as financial advisor.
Martin J. Bienenstock, Esq., Scott K. Rutsky, Esq., and Philip M.
Abelson, Esq., of Proskauer Rose LLP; and Hermann D. Bauer, Esq.,
at O'Neill & Borges LLC are onboard as attorneys.
Prime Clerk LLC is the claims and noticing agent. Prime Clerk
maintains the case Web site
https://cases.primeclerk.com/puertorico
Jones Day is serving as counsel to certain ERS bondholders.
Paul Weiss is counsel to the Ad Hoc Group of Puerto Rico General
Obligation Bondholders.
QUORE GEM: Tarek Kiem of Kiem Law Named Subchapter V Trustee
------------------------------------------------------------
The Acting U.S. Trustee for Region 21 appointed Tarek Kiem, Esq.,
at Kiem Law, PLLC as Subchapter V trustee for Quore Gem Miracle,
LLC.
Mr. Kiem will be paid an hourly fee of $350 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Kiem declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Tarek Kiem, Esq.
Kiem Law, PLLC
8461 Lake Worth Road, Suite 114
Lake Worth, FL 33467
Tel: (561) 600-0406
tarek@kiemlaw.com
About Quore Gem Miracle
Quore Gem Miracle, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-21237) on September 25, 2025, listing up to $50,000 in assets
and between $50,001 and $100,000 in liabilities.
Nicholas G. Rossoletti, Esq., represents the Debtor as legal
counsel.
R.W. SIDLEY: Hires Global Real Estate as Real Estate Agent
----------------------------------------------------------
R.W. Sidley, Inc. seeks approval from the U.S. Bankruptcy Court for
the Northern District of Ohio, Eastern Division, Cleveland, to hire
Global Real Estate Advisors, Inc. to serve as real estate agent in
its Chapter 11 case.
Global Real Estate Advisors will provide these services:
(a) assist with the sale of real property located in Madison, OH,
identified as PP# 02A002A000170; 0 South Madison Road, Madison, OH;
Property Description: 59.11 acres of vacant land;
(b) use its efforts in finding a Tenant(s) or Purchaser(s) for the
real property;
(c) attempt to sell the Premises for the sum of $30,000 per acre
or for any other price and/or upon any other terms or conditions to
which the Owner consents;
(d) perform services based on its expertise in commercial real
estate sales; and
(e) maintain detailed records of any actual and necessary costs
and expenses incurred in connection with these services.
Global Real Estate Advisors will charge the Debtor's estate for its
services to be paid at the closing of the sale. The fee for the
sale of an improved property, or sale of any rights incident to
such property, is 10 percent. If the property is donated to an
institution, a commission will be due based on the value of the
donation.
Global Real Estate Advisors 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:
Global Real Estate Advisors, Inc.
8680 Tyler Boulevard
Mentor, OH 44060
About R.W. Sidley Inc.
R.W. Sidley Inc. is a construction materials company based in
Thompson, Ohio.
R.W. Sidley sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ohio Case No. 25-12797) on July 2, 2025. In its
petition, the Debtor reported up to $50,000 in assets and between
$1 million and $10 million in liabilities.
Honorable Bankruptcy Judge Jessica E. Price Smith handles the
case.
The Debtor tapped Anthony J. DeGirolamo, Esq., as counsel and Root,
Spitznas & Smiley, Inc. as accountant.
RAS DATA: Hires McCullough P.C. as Insurance Counsel
----------------------------------------------------
RAS Data Services, Inc. seeks approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to hire Stephen
O'Donnell of McCullough P.C. to serve as special insurance counsel
in its Chapter 11 case.
Mr. O'Donnell and McCullough P.C. will provide these services:
(a) provide insurance analysis, advice and representation in
connection with the Chapter 11 Case;
(b) provide analysis, advice, counseling and related services as
needed in connection with the Debtor's insurance policies; and
(c) provide other services as are customarily provided by special
insurance counsel in cases of this kind.
The Debtor proposes employing McCullough pursuant to the terms set
forth in the Legal Services Agreement dated July 28, 2025.
McCullough has rendered and continues to render services to the
Debtor in the Chapter 11 Case from and since the Petition Date.
Accordingly, the Debtor requests that the Court approve
McCullough's employment effective as of the Petition Date.
McCullough P.C. is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Stephen O'Donnell, Esq.
MCCULLOUGH P.C.
205 North Michigan Avenue
Suite 2550
Chicago, IL 60601
Telephone: (312) 600-0305
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.
RAZZOO'S INC: Seeks Chapter 11 Bankruptcy Amid Consumer Shifts
--------------------------------------------------------------
Joe Guszkowski of Restaurant Business reports that Razzoo's Cajun
Cafe has sought Chapter 11 protection in the Southern District of
Texas after closing three struggling restaurants in recent weeks.
The Addison, Texas-based casual-dining brand said economic
pressures, rising competition, and shifts in consumer dining habits
have weighed heavily on sales, leaving the company unable to keep
up with high rent and debt obligations, according to the report.
Founded in Dallas in 1991, Razzoo's became known for its Cajun
specialties -- such as oysters, po'boys, and alligator -- served in
a lively setting that helped it grow quickly through the 1990s and
2000s. The chain expanded into Oklahoma and North Carolina and
operated 24 locations at the beginning of this year, though that
number has now fallen to 20 following recent closures. Court
filings note the company may need to further trim its footprint to
stabilize operations, even as it maintains ambitions for long-term
growth across the Southeast, according to Restaurant Business.
In its bankruptcy petition, the company said that inflation and
post-pandemic dining changes have hurt on-premise traffic, while
discount-heavy promotions by competitors like Chili's and
Applebee's have drawn away price-conscious diners. A weaker
crawfish season—usually one of the chain's busiest periods—also
dragged down sales, as lower retail prices and heightened
competition reduced revenue. These pressures, the company said,
have combined to erode cash flow and profitability, the report
states.
Razzoo's listed between $10 million and $50 million in assets and
liabilities in its filing. Before shuttering locations, its rent
obligations reached roughly $650,000 per month, alongside $9.7
million in secured debt and $3.1 million in unsecured debt. With
systemwide sales of $76.6 million in 2024, Razzoo's now joins a
growing list of casual-dining chains that have turned to bankruptcy
in recent months—including Bravo Brio, Iron Hill Brewery,
Abuelo's, and Pinstripes—as the sector continues to face mounting
economic and competitive headwinds, the report relays.
About Razzoo's Inc.
Razzoo's, Inc. operates a chain of casual dining restaurants that
specialize in Cajun-inspired cuisine and Louisiana-style dishes
across Texas, North Carolina, and Oklahoma. Founded in 1991 in
Dallas, Texas, the Company has expanded to multiple locations
offering a menu that includes seafood, fried specialties, and
traditional Cajun items such as boudin balls, Rat Toes, and
alligator tail. The restaurants are known for combining bold bayou
flavors with a lively atmosphere that reflects Cajun culture and
tradition.
Razzoo's Inc. and affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90522) on
October 2, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $10 million and $50 million.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtors are represented by Matthew Okin, Esq., Ryan A.
O'Connor, Esq., and Kelley Killorin Edwards, Esq. of OKIN ADAMS
BARTLETT CURRY LLP. STOUT RISIUS ROSS, LLC is the Debtors'
Financial Advisor. STOUT CAPITAL, LLC is the Debtors' Investments
Banker. DONLIN, RECANO & COMPANY, LLC is the Debtors'
Claims, Noticing & Solicitation Agent.
REDDIRT ROAD: Court Denies Bid to Use Cash Collateral
-----------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Florida,
Panama City Division, issued a final order denying as moot Reddirt
Road Partners, LLC's motions for agreed orders authorizing it to
use the cash collateral of Huntington Distribution Finance, Inc.
and Wells Fargo Commercial Distribution Finance, LLC.
The court clarified that this ruling does not affect the
enforceability of prior interim orders granting such relief nor
does it negate actions or distributions already made under those
prior orders.
About Reddirt Road Partners
Reddirt Road Partners, LLC filed a petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. N.D. Fla. Case No.
25-50049) on March 12, 2025, listing between $500,001 and $1
million in both assets and liabilities.
Judge Karen K. Specie oversees the case.
Byron Wright, III, Esq., at Bruner Wright, P.A. is the Debtor's
legal counsel.
Huntington Distribution Finance, Inc., as secured creditor, is
represented by:
Brian W. Hockett, Esq.
Thompson Coburn, LLP
One US Bank Plaza
St. Louis, MO 63101
Phone: (314) 552-6461
Fax: (314) 552-7000
bhockett@thompsoncoburn.com
RIVERSIDE EXPRESS: Court Extends Cash Collateral Access to Dec. 4
-----------------------------------------------------------------
Riverside Express Car Wash, LLC received another extension from the
U.S. Bankruptcy Court for the Central District of California,
Riverside Division, to use cash collateral to fund operations.
At the hearing held on October 2, the court authorized the Debtor's
interim use of cash collateral until December 4.
The Debtor was previously authorized to use the cash collateral of
T Bank N.A. and make a monthly payment of $10,000 to the secured
creditor pursuant to the court's September 18 interim order. This
interim authorization expired on October 2.
T Bank is represented by:
Joshua K. Partington, Esq.
Nicholas S. Couchot, Esq.
Rachel A. McMains, Esq.
Snell & Wilmer, L.L.P.
600 Anton Blvd, Suite 1400
Costa Mesa, CA 92626-7689
Telephone: 714.427.7000
Facsimile: 714.427.7799
jpartington@swlaw.com
ncouchot@swlaw.com
rmcmains@swlaw.com
About Riverside Express Car Wash LLC
Riverside Express Car Wash LLC operates a car wash facility in
Riverside, California.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 6:25-bk-14654-RB) on
July 10, 2025. In the petition signed by Amariah Olson, managing
member, the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Magdalena Reyes Bordeaux oversees the case.
Michael Jay Berger, Esq., at Law Offices of Michael Jay Berger,
represents the Debtor as legal counsel.
RIVERSIDE EXPRESS: Employs Doherty Accounting as Accountant
-----------------------------------------------------------
Riverside Express Car Wash LLC seeks approval from the U.S.
Bankruptcy Court for the Central District of California, Riverside
Division, to employ Michelle Doherty, CPA of Doherty Accounting
Services, PLLC to serve as accountant in its Chapter 11 case.
Doherty Accounting will provide these services:
(a) bookkeeping to manage vendor invoices and payments;
(b) matching receipts with debit card charges;
(c) rendering employee payroll support to ensure payroll is timely
paid and taxes and quarterly reports are made on time;
(d) preparing quarterly CA sales returns;
(e) preparing monthly reconciliation of QuickBooks;
(f) preparing Monthly Operating Reports;
(g) supporting bankruptcy counsel with documentation required for
the bankruptcy case; and
(h) preparing annual 1099 filing
The Professional agrees to charge a monthly fee of $800, with a
$5,600 retainer to be held in the Professional's business account.
Payment will be drawn at $800 per month and replenished as
necessary with court approval.
Doherty Accounting Services, PLLC is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code,
according to court filings.
The firm can be reached at:
Michelle L. Doherty, CPA
Doherty Accounting Services, PLLC
2420 150th Place SW
Lynnwood, WA 98087
Telephone: (310) 801-5668
E-mail: michelle@dohertyaccounting.com
About Riverside Express Car Wash LLC
Riverside Express Car Wash LLC operates a car wash facility in
Riverside, California.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 6:25-bk-14654-RB) on
July 10, 2025. In the petition signed by Amariah Olson, managing
member, the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Magdalena Reyes Bordeaux oversees the case.
Michael Jay Berger, Esq., at Law Offices of Michael Jay Berger,
represents the Debtor as legal counsel.
RONALD WILSON: S&P Alters Outlook to Positive, Affirms 'BB' LT ICR
------------------------------------------------------------------
S&P Global Ratings revised the outlook to positive from stable and
affirmed its 'BB' long-term rating on the Utah Charter School
Finance Authority's series 2016 charter school revenue refunding
bonds, issued for Ronald Wilson Reagan Academy (RWRA).
The positive outlook reflects steady improvement in the school's
financial profile due to consistently positive financial
performance that has resulted in growing reserves and a moderating
debt burden. The positive outlook also reflects consistency in
RWRA's healthy demand profile, which S&P believes well positions it
to continue to maintain favorable financial outcomes over the
outlook period.
S&P said, "We analyzed RWRA's environmental, social, and governance
factors and consider them neutral in our credit rating analysis.
"The positive outlook reflects our expectation that over the next
year the school will maintain its enrollment and good academics,
produce favorable operating results, and, despite potential for
capital spending, maintain reserve levels that we believe are
healthy for the rating while continuing to moderate its debt
burden.
"In our opinion, if enrollment were to decline or significant
capital needs arose affecting RWRA's financial position where
coverage and liquidity were to deteriorate, and no longer
commensurate with a higher rating, we could revise the outlook to
stable.
"We could raise the rating if RWRA maintains its current demand
profile while sustaining positive operating performance, and
growing state funding contributes to further moderation of the debt
burden. Clarification on upcoming capital spending plans and its
potential affect to liquidity would also be necessary to warrant an
upgrade."
SANTA ANA EXPRESS: Seeks to Hire Doherty Accounting as CPA
----------------------------------------------------------
Santa Ana Express Car Wash LLC seeks approval from the U.S.
Bankruptcy Court for the Central District of California, Riverside
Division, to employ Michelle Doherty, CPA of Doherty Accounting
Services, PLLC to serve as accountant in its Chapter 11 case.
The firm will provide these services:
(a) bookkeeping to manage vendor invoices and payments;
(b) matching receipts with debit card charges;
(c) giving employee payroll support to ensure payroll is timely
paid and taxes and quarterly reports are made on time;
(d) preparing quarterly CA sales returns;
(e) preparing monthly reconciliation of QuickBooks;
(f) preparing Monthly Operating Reports;
(g) supporting bankruptcy counsel with documentation required for
the bankruptcy case; and
(h) preparing annual 1099 filing
The Professional agrees to charge a monthly fee of $800, with a
$5,600 retainer to be held in the Professional's business account.
Payment will be drawn at $800 per month and replenished as
necessary with court approval.
Doherty Accounting Services, PLLC is a “disinterested person”
within the meaning of Section 101(14) of the Bankruptcy Code,
according to court filings.
The firm can be reached at:
Michelle L. Doherty, CPA
Doherty Accounting Services, PLLC
2420 150th Place SW
Lynnwood, WA 98087
Telephone: (310) 801-5668
E-mail: michelle@dohertyaccounting.com
About Santa Ana Express Car Wash, LLC
Santa Ana Express Car Wash LLC, doing business as Speedy Clean Car
Wash, operates a car wash facility at 2035 N. Tustin Avenue in
Santa Ana, California. The Company provides quick, environmentally
friendly car wash services featuring a wash completed in
approximately six minutes along with free vacuum stations and
monthly membership options.
Santa Ana Express Car Wash LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-15662) on
August 12, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Judge Magdalena Reyes Bordeaux handles the case.
The Debtor is represented by Michael Jay Berger, Esq. at LAW
OFFICES OF MICHAEL JAY BERGER.
SANTIS & ARGENTA: Unsecureds Will Get 18.24% over 60 Months
-----------------------------------------------------------
Santis & Argenta, LLC filed with the U.S. Bankruptct Court for the
Southern District of Florida a Disclosure Statement describing Plan
of Reorganization dated September 26, 2025.
The Debtor, a Florida corporation, was founded in September 2016 as
LVM Painting, LLC. In November 2022, Debtor changed its name to
Santis & Argenta LLC.
The Debtor's offices and warehouse are located at 3675 NW 19th
Street, Fort Lauderdale, Florida 33311, which is leased. The Debtor
is in the cabinet fabrication business.
In the months leading up to filing of the original Chapter 11 in
2024, Debtor was in default of payment of seven secured loans: five
for equipment and two for vehicles. Balboa Capital Corporation, a
secured creditor, had obtained a judgment against Debtor and was
threating to issue execution. These liabilities are still
outstanding and are being addressed in this bankruptcy.
The Plan is a five-year plan and consists of payment of quarterly
US Trustee distribution fees owed under Section 1930 of Title 28
from Debtor's prior bankruptcy filing at 24-15278-SMG; two priority
tax claims and eight classes, seven of which are impaired. Seven of
the classes are secured and there are agreed orders entered as to
plan treatment for three classes. A fourth secured creditor has
agreed to treatment for its claim, but no relevant pleading has
been filed at this time.
The unsecured class (Class 8) contains 15 claims totaling
$229,990.67, which sum is approximately $15,000 less than in the
2024 case. They will receive a pro rata distribution of 18.24% or a
total of $41,951.04 in 8 quarterly payments of $750.00 each in
months 1 through 24, followed by 12 quarterly payments of $2,995.92
in months 25 through 60. The IRS holds a small priority claim for
$1,000.00 (POC-3-2) and an unsecured claim of $2,500.00, which will
be treated as a member of Class 8. The Florida Department of
Revenue holds a priority tax claim for sales tax in the amount of
$111.25 (POC-9).
Class 8 proposes treatment of 15 allowed unsecured claims totaling
approximately $229,990.67. They will receive a pro rata
distribution of 18.24% or a total of $41,951.04 in 8 quarterly
payments of $750.00 each in months 1 through 24, followed by 12
quarterly payments of $2,995.92 in months 25 through 60. A Chapter
7 liquidation analysis of the Plan results in the unsecured
creditors receiving a $0 distribution. This class is impaired.
Payments and distributions under the Plan will be funded by income
generated from the revenues received from the Debtor's cabinet
fabrication business. Accordingly, the Debtor is able to perform
all of its obligations under the Plan and the Plan satisfies the
requirements or conditions set forth in Section 1129(a)(11) of the
Code.
A full-text copy of the Disclosure Statement dated September 26,
2025 is available at https://urlcurt.com/u?l=q6bex0 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Chad Van Horn, Esq.
Van Horn Law Group, P.A.
500 NE 4th Street #200
Fort Lauderdale, FL 33301
Telephone: (954) 765-3166
Facsimile: (954) 756-7103
Email: Chad@cvhlawgroup.com
About Santis & Argenta
Santis & Argenta, LLC is in the business of cabinet fabrication and
is located at 3675 NW 19th Street, Fort Lauderdale, Florida 33311.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 24-13236) on April 3,
2024. In the petition signed by Andrey Argenta, president, the
Debtor disclosed under $1 million in both assets and liabilities.
Judge Scott M. Grossman oversees the case.
Chad T. Van Horn, Esq., at Van Horn Law Group, PA, is the Debtor's
bankruptcy counsel.
SANUWAVE HEALTH: Secures $28M Credit Facility With JPMorgan
-----------------------------------------------------------
Sanuwave Health, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that it entered into a
credit agreement among the Company, as a borrower, Sanuwave, Inc.,
as a guarantor, SanuWave Services, LLC, as a guarantor, the lenders
from time to time party thereto and JPMorgan Chase Bank, N.A., as
administrative agent.
The Credit Agreement provides for a $23 million secured term loan
that matures September 25, 2029 and a $5 million secured revolving
credit facility that matures September 25, 2027. Availability under
the Revolver is subject to a borrowing base composed of eligible
accounts receivable.
Proceeds of the Facility may be used for working capital and other
general corporate purposes and were used at the initial closing,
together with cash on hand, to repay all outstanding indebtedness
and other obligations under the NWPSA and to pay fees and expenses
related to the Credit Agreement.
Loans made under the Facility will accrue interest at a rate per
annum equal to either, at the Company's option, a term rate based
upon the secured overnight financing rate plus a margin of 3.50% or
base rate (generally determined according to the higher of the
prime rate and 2.5%) plus a margin of 2.50%. Interest is payable in
arrears, in the case of loans bearing interest based on term SOFR,
at the end of the applicable interest period, and, in the case of
loans bearing interest based on the base rate, quarterly in
arrears. Amortization on the Term Loan is payable in equal
quarterly installments. The Company may prepay outstanding loans at
any time without premium or penalty, subject to customary breakage
costs in the case of borrowings bearing interest based on term
SOFR.
The Company's obligations under the Credit Agreement are secured by
a lien on substantially all of its and the guarantors' tangible and
intangible assets, including the Company's equity interests in its
subsidiaries.
The Credit Agreement contains customary affirmative and negative
covenants that, among other things and subject to certain
exceptions, limit the ability of the Company and its subsidiaries
to incur additional indebtedness or liens or consummate certain
mergers, consolidations and sales of assets. The Company is subject
to compliance, as of the end of each quarter, with a maximum total
leverage ratio of 2.50 to 1.00 and a minimum fixed charge coverage
ratio of 1.25 to 1.00, as each such financial covenant is
calculated on a consolidated basis for the most recently completed
twelve-month period.
The Credit Agreement contains customary representations and
warranties and events of default including, among others, payment
defaults, breach of covenants, cross-default to material
indebtedness, bankruptcy-related defaults, judgment defaults, and
the occurrence of a change in control of the Company. The
occurrence of an event of default may result in the termination of
the Facility, acceleration of repayment obligations and the
exercise of remedies by the lenders.
Some of the lenders under the Credit Agreement or their affiliates
have provided, and may in the future provide, certain commercial
banking, financial advisory, and investment banking services in the
ordinary course of business for the Company and its subsidiaries,
for which they have received and will receive customary fees and
commissions.
The foregoing description of the Credit Agreement is qualified in
its entirety by reference to the text of the Credit Agreement, a
copy of which is available at https://tinyurl.com/yckhf7ke
In connection with the funding of the Term Loan and initial draw
under the Revolver, the Company paid off all amounts due under and
terminated in full all commitments under the Note and Warrant
Purchase and Security Agreement, dated as of August 6, 2020, with
the noteholders party thereto and NH Expansion Credit Fund Holdings
LP, as agent, and the related Secured Promissory Note issued to NH
Expansion (collectively, the "NWPSA").
The description of the NWPSA contained in the Quarterly Report on
Form 10-Q for the period ended June 30, 2025 filed by the Company
with the Securities and Exchange Commission is incorporated herein
by reference.
About SANUWAVE
Headquartered in Suwanee, Ga., SANUWAVE Health, Inc. (OTCQB:SNWV)
-- http://www.SANUWAVE.com-- is an ultrasound and shock wave
technology Company using patented systems of noninvasive,
high-energy, acoustic shock waves or low intensity and non-contact
ultrasound for regenerative medicine and other applications. The
Company's focus is regenerative medicine utilizing noninvasive,
acoustic shock waves or ultrasound to produce a biological response
resulting in the body healing itself through the repair and
regeneration of tissue, musculoskeletal, and vascular structures.
The Company's two primary systems are UltraMIST and PACE. UltraMIST
and PACE are the only two Food and Drug Administration (FDA)
approved directed energy systems for wound healing.
New York, NY-based Marcum LLP, the Company's auditor since 2018,
issued a "going concern" qualification in its report dated March
20, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has
incurred recurring losses, has negative working capital, and needs
to refinance its debt to meet its obligations and sustain its
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
For the fiscal year ended December 31, 2024, SANUWAVE had $30.12
million in total assets, $42.84 million in total liabilities, and
$12.72 million in total stockholders' deficit. As of June 30, 2025,
the Company had $33.05 million in total assets, $47.82 million in
total liabilities, and $14.78 million in total stockholders'
deficit.
SAR AMERICAN: Taps PAM Consulting as Financial Consultant
---------------------------------------------------------
SAR American Properties, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Texas, San Antonio
Division, to hire Paul McClintock, managing director of PAM
Consulting, LLC to serve as financial consultant in its Chapter 11
case.
The firm will provide these services:
(a) assist the Debtor and its counsel with general matters
related to a restructuring and contemplated Chapter 11 proceeding,
including but not limited to case strategy development, data
gathering, financial analysis, and first day motion preparation, as
needed;
(b) assist the Debtor with bankruptcy required reporting,
including Monthly Operating Reports (MOR);
(c) assist the Debtor and its counsel to obtain court approval
for debtor-in-possession financing, if needed;
(d) assist the Debtor to develop and maintain thirteen-week
cash forecasts and any budget-to-actual reporting or other
reporting as may be required by potential debtor-in-possession
financing;
(e) support the development of the Plan of Reorganization,
including financial projections, liquidation analysis, claims
analysis and reconciliation, and other analysis, as needed; and
(f) perform other services as may be agreed upon between
McClintock and Debtor.
Mr. McClintock will receive compensation at the rate of $250 per
hour and requires a $5,000 retainer, which will be drawn on
pursuant to court-approved fee applications. In addition, he will
be reimbursed for reasonable out-of-pocket expenses, including
photocopying, courier fees, postage, travel expenses, and other
necessary costs.
Mr. McClintock is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
He can be reached at:
Paul McClintock
18115 Apache Springs Dr.
San Antonio, TX 78259
Telephone: (210) 386-9564
E-mail: paul55@dpr-group.com
About SAR American Properties, LLC
SAR American Properties LLC operates as a real estate brokerage
firm, facilitating the buying, selling, and leasing of properties
in the San Antonio area. The Company primarily earns revenue
through commissions and transactional services.
SAR American Properties LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-51470) on June
30, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Michael M. Parker handles the case.
The Debtors are represented by Ronald Smeberg, Esq. THE SMEBERG LAW
FIRM.
SCHAFER FISHERIES: Court Extends Cash Collateral Access to Oct. 31
------------------------------------------------------------------
Schafer Fisheries, Inc. received another extension from the U.S.
Bankruptcy Court for the Northern District of Illinois, Western
Division, to use the cash collateral of Newtek Small Business
Finance, LLC.
The court's order authorized the Debtor's interim use of cash
collateral through October 31 to pay the expenses listed in its
latest budget under previously established terms.
As of the petition date, Newtek held a blanket lien on
substantially all of the Debtor's assets, including accounts
receivable constituting cash collateral.
A status hearing is set for October 29.
About Schafer Fisheries
Schafer Fisheries Inc. is a seafood processor and distributor in
Fulton, Ill.
Schafer Fisheries filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-80824) on June
20, 2024, listing between $100,001 and $500,000 in assets and
between $1 million and $10 million in liabilities. Jennifer Schank
of Fuhrman & Dodge, S.C. serves as Subchapter V trustee.
Judge Thomas M. Lynch oversees the case.
Schafer Fisheries tapped The Golding Law Offices PC and Leibowitz,
Hiltz & Zanzig, LLC as bankruptcy counsel, and Philip Firrek as
consultant.
Newtek Small Business Finance, LLC, as secured creditor, is
represented by:
Paulina Garga-Chmiel, Esq.
Dykema Gossett, PLLC
10 South Wacker Drive, Suite 2300
Chicago, IL 60606
Tel: 312-876-1700
pgarga@dykema.com
SIMBA IL HOLDINGS: Hires Compass Colorado as Real Estate Broker
---------------------------------------------------------------
Simba IL Holdings LLC seeks approval from the U.S. Bankruptcy Court
for the Central District of California, Santa Ana Division, to hire
Steven Shane of Compass Colorado, LLC dba Compass to serve as its
real estate broker in its Chapter 11 case.
Mr. Shane will provide these services:
(a) provide the Debtor with current market conditions and a
competitive market analysis;
(b) show the property to prospective buyers;
(c) negotiate and prepare contracts on behalf of the Debtor; and
(d) guide the Debtor through contractual obligations and
deadlines.
Compass will receive, upon consummation of a sale and subject to
court approval, a commission of 4% of the gross purchase price if
there is a cooperating broker (2% each), or 3.5% if Compass also
represents the buyer as transaction broker. If one or more overbids
occur and an auction is held, an additional consultant fee of 0.2%
will be paid to Clarence Yoshikane of Berkshire Hathaway Home
Services. Commission is not earned until court approval of a
purchase agreement and the close of escrow.
Compass 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 M. Shulman, Esq.
James C. Bastian, Esq.
Alan J. Friedman, Esq.
Max Casal, Esq.
SHULMAN BASTIAN FRIEDMAN BUI & O’DEA LLP
100 Spectrum Center Drive, Suite 600
Irvine, CA 92618
Telephone: (949) 340-3400
Facsimile: (949) 340-3000
Email: lshulman@shulmanbastian.com
jbastian@shulmanbastian.com
afriedman@shulmanbastian.com
mcasal@shulmanbastian.com
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.
SIMPLIA INC: Seeks Subchapter V Bankruptcy in California
--------------------------------------------------------
On September 30, 2025, Simplia Inc. filed Chapter 11 protection in
the Central District of California. According to court filing, the
Debtor reports between $10 million and $50 million in debt owed to
200 and 999 creditors. The petition states funds will be available
to unsecured creditors.
About Simplia Inc.
Simplia Inc., based in Los Angeles, California, provides digital
marketing and AI solutions, focusing on services such as website
development, social media management, and search engine
optimization for small businesses. The Company offers AI-powered
tools designed to streamline digital marketing processes and tailor
solutions to client budgets. It operates within the marketing and
advertising services industry.
Simplia Inc. sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-18664) on
September 30, 2025. In its petition, the Debtor reports estimated
assets between $1 million and $10 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Barry Russell handles the case.
The Debtor is represented by Eve H. Karasik, Esq. of LEVENE, NEALE,
BENDER, YOO & GOLUBCHICK, LLP.
SIRVA WORLDWIDE: BlackRock FRA Marks $980,000 Loan at 61% Off
-------------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $980,000 loan extended to SIRVA Worldwide, Inc to market
at $382,072 or 39% of the outstanding amount, as of June 30, 2025,
according to a disclosure contained in BlackRock FRA's Form N-CSR
for the Fiscal year ended June 30, 2025, filed with the Securities
and Exchange Commission.
BlackRock FRA is a participant in a 2024 Term Loan to SIRVA
Worldwide, Inc. The loan accrues interest at a rate of 12.32%
(3-mo. CME Term SOFR at 2% FLOOR + 8%) per annum. The loan matures
on August 20, 2029.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
SIRVA Worldwide, Inc., headquartered in Westmont, Illinois, is a
wholly owned operating subsidiary of SIRVA, Inc., which provides
relocation services, including transferring corporate and
government employees and moving individual consumers.
SOLID FINANCIAL: Unsecureds Will Get 34.7% to 100% in Plan
----------------------------------------------------------
Solid Financial Technologies Inc. filed with the U.S. Bankruptcy
Court for the District of Delaware a First Amended Subchapter V
Plan of Liquidation dated September 25, 2025.
The Debtor is a financial technology company that operated a
Banking-as-a-Service ("BaaS") business model that enabled its
clients (usually fintech and software companies) to embed financial
products into their applications or platforms.
In 2023, an action (the "FTV Litigation"), Case No. 2023-0975 was
brought in the Court of Chancery for the State of Delaware against
the Debtor, among others, by FTV VII, L.P. ("FTV"), the lead
investor in the Debtor's Series B equity funding round. After the
filing of the FTV Litigation, the Debtor was named as a defendant
in a number of lawsuits and became the subject of several
government investigations and inquiries. In the fall of 2023,
certain of the Debtor's other business relationships began to
suffer as a result of reported allegations against the Debtor in
the fintech space.
In early 2025, the Debtor made the decision to wind-down the
Company and evaluate potential restructuring and sale
opportunities. On April 7, 2025, the Debtor commenced its Chapter
11 Case by filing a voluntary petition for relief under subchapter
V of chapter 11 of the Bankruptcy Code to (i) curtail the legal
spend associated with the pending litigation that had grown
significantly after the FTV Litigation; and (ii) run a sale process
for the Debtor's valuable assets, primarily the API. Unfortunately,
despite a robust sale process and extensive marketing, the Debtor
was unable to find a buyer for its assets.
Currently, Class 3 General Unsecured Claims are anticipated to
receive between 34.7%–100%6 of their Allowed Claim amounts and
Class 4 Preferred Equity Interests may receive up to 72% on account
of their Interests. For the avoidance of doubt, Class 4 Preferred
Equity Interests will only receive a distribution if (i) a 100%
distribution is available to be made to Holders of Class 3 General
Unsecured Claims; and (ii) there are additional Estate assets to be
distributed after such 100% distribution is made to Holders of
Class 3 General Unsecured Claims.
Class 3 consists of General Unsecured Claims. Except to the extent
that a Holder of an Allowed General Unsecured Claim has agreed to a
different treatment of such Claim, and only to the extent that any
such Allowed General Unsecured Claim has not been paid by the
Debtor prior to the Effective Date in full and final satisfaction,
settlement, and release of each Allowed General Unsecured Claim,
each Holder of an Allowed General Unsecured Claim will receive on
account of such Allowed General Unsecured Claim such Holder's Pro
Rata Share of any proceeds of the Liquidation Trust Assets, until
such Allowed General Unsecured Claims are satisfied in full.
The allowed unsecured claims total $5,694,730 to $11,278,109. This
Class will receive a distribution of 34.7% to 100% of their allowed
claims.
On the Effective Date all Common Equity Interests in the Debtor
will be cancelled and compromised, and Holders of Common Equity
Interests shall receive no distribution on account of such Common
Equity Interests.
On the Effective Date, (i) the Debtor shall, in accordance with
this Plan, cause the Liquidation Trust Assets to be transferred to
the Liquidation Trust and (ii) the Liquidation Trust shall assume
all obligations of the Debtor under this Plan.
On the Effective Date, the Liquidation Trust will be established
pursuant to the Liquidation Trust Agreement, which will be filed
with the Bankruptcy Court in the Plan Supplement. Upon
establishment of the Liquidation Trust, all Liquidation Trust
Assets shall be deemed transferred to the Liquidation Trust without
any further action of the Debtor or any employees, officers,
directors, members, partners, shareholders, agents, advisors, or
representatives of the Debtor.
A full-text copy of the First Amended Liquidating Plan dated
September 25, 2025 is available at https://urlcurt.com/u?l=1ROQYC
from Omni Agent Solutions, Inc., claims agent.
Counsel to the Debtor:
Matthew Ward, Esq.
Todd A. Atkinson, Esq.
Marcy McLaughlin Smith, Esq.
Michael Barber, Esq.
Womble Bond Dickinson (US), LLP
1313 North Market Street, Suite 1200
Wilmington, DE 19801
Tel: (302) 252-4320
Fax: (302) 252-4330
Email: matthew.ward@wbd-us.com
Email: todd.atkinson@wbd-us.com
Email: marcy.smith@wbd-us.com
Email: michael.barber@wbd-us.com
About Solid Financial Technologies
Solid Financial Technologies Inc. is a FinTech platform that
enables banks and companies to build, scale, and launch banking and
payment solutions with ease. By offering services like account
creation, payments processing, and card issuance, Solid integrates
with partner banks to deliver seamless financial experiences. The
platform prioritizes security and compliance, helping companies
navigate regulatory requirements while driving innovation in the
financial ecosystem.
Solid Financial Technologies Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-10669) on
April 7, 2025. In its petition, the Debtor reported total assets as
of February 28, 2025 of $10,523,766 and total liabilities as of
February 28, 2025 of $4,131,647.
Judge Brendan Linehan Shannon handles the case.
The Debtor tapped Matthew P. Ward, Esq. at Womble Bond Dickinson
(US) LLP as counsel and Rock Creek Advisors, LLC as financial
advisor. Omni Agent Solutions, Inc. is the Debtor's administrative
agent.
SOLUTIONS BY THE SEA: Gets Extension to Access Cash Collateral
--------------------------------------------------------------
Solutions by the Sea, Inc. received another extension from the U.S.
Bankruptcy Court for the Middle District of Florida, Orlando
Division, to use cash collateral to fund operations.
At the hearing held on October 1, the court extended the Debtor's
authority to use cash collateral from October 1 to December 2.
The Debtor was previously authorized to use cash collateral to pay
the amounts expressly authorized by the court and current expenses
outlined in its approved budget. It also received approval to grant
secured creditors a perfected post-petition lien on cash
collateral. This interim authorization expired on October 1.
The Debtor's six-month budget projects total operational expenses
of $191,808.
About Solutions By The Sea
Solutions By The Sea, Inc. filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-05035) on August 8, 2025, listing up to $50,000 in assets and
between $50,001 and $100,000 in liabilities.
Judge Lori V. Vaughan presides over the case.
Scott W. Spradley, Esq. at Law Offices Of Scott W. Spradley, P.A.
represents the Debtor as legal counsel.
SOUTH MOON: Jerome Kerkman Named Subchapter V Trustee
-----------------------------------------------------
The U.S. Trustee for Region 11 appointed Jerome Kerkman of Kerkman
& Dunn as Subchapter V trustee for South Moon BBQ Incorporated.
Mr. Kerkman will be paid an hourly fee of $595 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Kerkman declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jerome R. Kerkman
Kerkman & Dunn
839 N. Jefferson St., Suite 400
Milwaukee, WI 53202
Phone: 414.277.8200
Email: jkerkman@kerkmandunn.com
About South Moon BBQ Incorporated
South Moon BBQ Incorporated sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-81307) on
September 25, 2025, with up to $50,000 in assets and $500,001 to $1
million in liabilities.
Judge Thomas M. Lynch presides over the case.
SPIRIT AIRLINES: Negotiates Up to $475MM DIP Funding w/ Bondholders
-------------------------------------------------------------------
Brianna Wilson of Monitor Daily reports that Spirit Aviation, the
parent company of Spirit Airlines, announced continued momentum in
its Chapter 11 restructuring during proceedings before the U.S.
Bankruptcy Court for the Southern District of New York.
The airline said it has arranged up to $475 million in
debtor-in-possession financing from its bondholders, with $200
million expected to be available once the court gives approval at a
scheduled Oct. 10 hearing. Spirit has also gained interim approval
to tap $120 million in cash collateral to maintain liquidity.
In a major development, Spirit struck a settlement with AerCap
Ireland, its largest aircraft lessor, as part of its fleet
optimization plan. The agreement includes a $150 million payment to
Spirit, the rejection of leases on 27 aircraft, and future delivery
of 30 planes. It also resolves ongoing disputes between the
companies. Separately, the bankruptcy court approved Spirit's
request to shed 12 airport leases and 19 ground handling contracts
as part of its efforts to streamline operations, according to
Monitor Daily.
The company noted that negotiations are ongoing with other lessors
and stakeholders. These discussions are aimed at securing
additional liquidity and advancing cost-saving measures through
further fleet rationalization. Spirit is also engaging with its
primary labor unions to explore adjustments to collective
bargaining agreements in order to reduce expenses and support the
restructuring plan.
Chief Executive Officer Dave Davis said the actions represent
“significant steps forward” in strengthening Spirit and
preparing it for the future. He emphasized that the airline remains
committed to providing affordable travel options and praised
employees for maintaining safe, reliable service while the
restructuring progresses, the report states.
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.
SPRINGS WINDOWS: BlackRock FRA Marks $640,000 Loan at 24% Off
-------------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $640,000 loan extended to Springs Windows Fashions, LLC
to market at $487,513 or 76% of the outstanding amount, as of June
30, 2025, according to a disclosure contained in BlackRock FRA's
Form N-CSR for the Fiscal year ended June 30, 2025, filed with the
Securities and Exchange Commission.
BlackRock FRA is a participant in a 2024 First Lien Second out Term
Loan A2, to Springs Windows Fashions, LLC. The loan accrues
interest at a rate of 8.44% (1-mo. CME Term SOFR at 1% floor+
4.11%) per annum. The loan matures on October 6, 2028.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Springs Window Fashions, LLC manufactures and distributes home
furnishing products. The Company produces products such as blinds,
shades, panels, and drapery hardware. Springs Window Fashions
operates in the United States.
SS INNOVATIONS: Appoints Naveen Kumar Amar as CFO
-------------------------------------------------
SS Innovations International, Inc. announced the appointment of
Naveen Kumar Amar as the Company's Chief Financial Officer,
effective September 24, 2025. Mr. Amar is assuming the Chief
Financial Officer role, on a permanent basis, from Dr. Vishwa
Srivastava, who has served as the Company's Interim Chief Financial
Officer since July 2025. Dr. Vishwa Srivastava will continue in his
capacity as the Company's Chief Executive Officer – Asia
Pacific.
Mr. Amar brings to SS Innovations more than 25 years of global
finance leadership experience spanning a wide range of industries
and geographies. During his career, he has amassed expertise in
financial accounting and reporting, planning and analysis,
budgeting, forecasting, corporate finance, treasury operations,
governance, internal controls, and both U.S. and Indian GAAP, among
other areas. He has been recognized as one of India's top financial
executives by various publications and organizations, including
Forbes India magazine, Forbes Asia magazine, CFO India Forum, and
Chartered Institute of Management Accountants, London.
Dr. Sudhir Srivastava, Chairman of the Board and Chief Executive
Officer of SS Innovations, commented, "Amar brings to SS
Innovations a strong track record of building best-in-class finance
operations, effective cross-functional teams, and successful
businesses across diverse industries and geographies. We are
thrilled to welcome a seasoned financial executive of his caliber
to our leadership team as we expand the global presence of our
advanced, cost-efficient SSi Mantra surgical robotic system."
Mr. Amar added, "I am honored to be joining SS Innovations at this
exciting stage in its journey to democratize access to advanced
surgical robotic care and I look forward to helping the team drive
growth and deliver sustainable long-term shareholder value."
Most recently, Mr. Amar has provided virtual CFO services to
clients based in the United States, Canada and the United Kingdom.
Among his previous positions, Mr. Amar served as Head of Finance &
Commercial for SpiceXpress, the cargo division of SpiceJet; Global
CFO for Munch Ado India Private Ltd., a software enterprise
technology provider; Senior Vice President – Finance & Compliance
and Company Secretary for MSD Wellcome Trust Hilleman Laboratories
Private Ltd., a global vaccine manufacturer; Chief Financial
Officer – India & Australia and Company Secretary for EDirect
Proprietary Ltd., a telecommunications provider; and India Manager
- Financial Consolidation and Company Secretary for GE India.
Mr. Amar graduated with a Bachelor of Commerce degree from the
University of Delhi and received a post graduate diploma in
Business Management from All India Management Association's Centre
of Management Education. In addition, he earned the Chartered
Accountant designation from the Institute of Chartered Accountants
of India as well as the Company Secretary designation from the
Institute of Company Secretaries of India.
In connection with the appointment, the Company and Mr. Amar
entered into a five-year employment agreement providing for a base
annual salary of approximately US$163,000 (based on current Indian
rupee to U.S. dollar exchange rates). The employment agreement
contains customary confidentiality, assignment of proprietary
rights, non-competition and non-solicitation provisions.
A copy of the employment agreement is available at
https://tinyurl.com/444tyhvx
About SS Innovations International
SS Innovations International, Inc. (OTC: SSII) is a developer of
innovative surgical robotic technologies headquartered in Gurugram,
Haryana, India. The company's vision is to make robotic surgery
benefits more affordable and accessible globally. SSII's product
range includes its proprietary "SSi Mantra" surgical robotic system
and "SSi Mudra," a broad array of surgical instruments for various
procedures, including robotic cardiac surgery. The company plans to
expand its presence with technologically advanced, user-friendly,
and cost-effective surgical robotic solutions.
Gurugram, India-based BDO India, LLP, the Company's auditor since
2024, issued a "going concern" qualification in its report dated
April 15, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has suffered recurring losses from operations and has negative cash
flows from operating activities during the year ended December 31,
2024. The Company is dependent on further funding to meet its
obligations to sustain its operations. These conditions raise
substantial doubt about the Company's ability to continue as a
going concern.
As of June 30, 2025, the Company had $69,977,771 in total assets,
$27,954,902 in total liabilities, and a total stockholders' equity
of $42,022,869.
STEREO ONE MENDENHALL: Craig Geno Named Subchapter V Trustee
------------------------------------------------------------
The Acting U.S. Trustee for Region 8 appointed Craig Geno, Esq., at
the Law Offices of Craig M. Geno, PLLC, as Subchapter V trustee for
Stereo One Mendenhall, Inc.
Mr. Geno will be paid an hourly fee of $250 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Geno declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Craig M. Geno, Esq.
Law Offices of Craig M. Geno, PLLC
587 Highland Colony Parkway
Ridgeland, MS 39157
Telephone: (601) 427-0048
Facsimile: (601) 427-0050
Email: cmgeno@cmgenolaw.com
About Stereo One Mendenhall
Stereo One Mendenhall, Inc. filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. W.D. Tenn. Case No.
25-24846) on September 23, 2025, with $100,001 to $500,000 in
assets and $500,001 to $1 million in liabilities.
Judge Jennie D. Latta presides over the case.
Toni Campbell Parker, Esq., at the Law Office Of Toni Campbell
Parker represents the Debtor as legal counsel.
STEREO ONE: Craig Geno Named Subchapter V Trustee
-------------------------------------------------
The Acting U.S. Trustee for Region 8 appointed Craig Geno, Esq., at
the Law Offices of Craig M. Geno, PLLC, as Subchapter V trustee for
Stereo One of Covington Pike, Inc.
Mr. Geno will be paid an hourly fee of $250 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Geno declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Craig M. Geno, Esq.
Law Offices of Craig M. Geno, PLLC
587 Highland Colony Parkway
Ridgeland, MS 39157
Telephone: (601) 427-0048
Facsimile: (601) 427-0050
Email: cmgeno@cmgenolaw.com
About Stereo One of Covington Pike
Stereo One of Covington Pike, Inc. sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. W.D. Tenn. Case No.
25-24858) on September 24, 2025, with $50,001 to $100,000 in assets
and $100,001 to $500,000 in liabilities.
Judge M. Ruthie Hagan presides over the case.
Toni Campbell Parker, Esq. at the Law Office of Toni Campbell
Parker represents the Debtor as legal counsel.
STITCH ACQUISITION: BlackRock FRA Marks $233,000 Loan at 17% Off
----------------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $233,000 loan extended to Stitch Acquisition Corp. to
market at $193,379 or 83% of the outstanding amount, as of June 30,
2025, according to a disclosure contained in BlackRock FRA's Form
N-CSR for the Fiscal year ended June 30, 2025, filed with the
Securities and Exchange Commission.
BlackRock FRA is a participant in a 2024 Second out Term Loan to
Stitch Acquisition Corp.. The loan accrues interest at a rate of
12.06% (3-mo. CME Term SOFR + 7.50%) per annum. The loan matures on
December 31, 2029.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
Stitch Acquisition Corp. operates as SVP Worldwide, an American
private company that designs, manufactures, and distributes
consumer sewing machines and accessories around the world under
three brands: Singer, Husqvarna Viking, and Pfaff. In 2021,
Platinum Equity Partners entered into a definitive agreement to
acquire SVP Worldwide from Ares Management for $484 million. Stitch
Acquisition Corp. was created to be the financial reporting entity
of SVP Worldwide going forward.
STOLI GROUP: Court Rejects Chapter 11 Plan
------------------------------------------
Law360 and Bloomberg Law report that a Texas bankruptcy judge on
Friday, October 3, 2025, denied Stoli Group USA's Chapter 11
reorganization plan, concluding that the company's attempt to repay
$78 million in secured debt with 35,000 barrels of unfinished
bourbon was unrealistic given the steep downturn in the global
bourbon market.
The court ruled that the plan's reliance on the barrels as
collateral was not "fair or equitable," emphasizing that such
assets were too volatile to guarantee repayment, according to the
report.
In court filings, Stoli Group USA and its bourbon-making affiliate
Kentucky Owl LLC argued that the value of their aging bourbon
inventory was sufficient to cover debts owed to senior lender Fifth
Third Bank NA. However, Judge Scott W. Everett of the U.S.
Bankruptcy Court for the Northern District of Texas rejected that
reasoning, noting that the valuation was speculative and overly
dependent on future market recovery and the uncertain maturation
process of the bourbon.
The companies initially sought Chapter 11 protection in December
2024, following severe operational and financial setbacks. Stoli
cited the impact of a crippling cyberattack, a tightening credit
environment, and ongoing disputes with lenders as key reasons for
seeking court protection. The bankruptcy filing was aimed at
restructuring debt and stabilizing the group's U.S. operations,
which include distribution and bourbon production through Kentucky
Owl, the report state.
With the plan now rejected, Stoli Group USA must return to the
drawing board to craft a new restructuring proposal that meets the
court's standards and addresses creditors' concerns. The ruling
leaves the company under continued financial pressure as it seeks
to preserve operations and rebuild confidence among investors and
business partners, the report relays.
About Stoli Group (USA) LLC
Stoli Group (USA), LLC is a producer, manager, and distributor of a
global portfolio of spirits and wines.
Stoli Group (USA) and Kentucky Owl, LLC filed Chapter 11 petitions
(Bankr. N.D. Texas Lead Case No. 24-80146) on November 27, 2024. At
the time of the filing, Stoli Group (USA) reported $100 million to
$500 million in assets and $10 million to $50 million in
liabilities while Kentucky Owl reported $50 million to $100 million
in assets and $50,000,001 to $100 million in liabilities.
Judge Scott W. Everett handles the cases.
Holland N. O'Neil, Esq., at Foley & Lardner, LLP is the Debtor's
legal counsel.
SUPER RICH: Seeks to Hire Siconolfi PLLC as Legal Counsel
---------------------------------------------------------
Super Rich NY Corporation d/b/a Chada seeks approval from the U.S.
Bankruptcy Court for the Southern District of New York to hire
Sally Siconolfi, Esq. and H. Bruce Bronson, Esq. of Siconolfi PLLC
to serve as legal counsel in its Chapter 11 case.
The professionals will provide these services:
(a) assist in the administration of this Chapter 11 proceeding;
(b) prepare or review operating reports;
(c) set a bar date;
(d) file a motion to assume its lease;
(e) review claims and resolve claims which should be
disallowed;
(f) defend lift stay motions;
(g) draft a plan of reorganization including all exhibits and
schedules thereto;
(h) confirm a Chapter 11 plan; and
(i) all other services necessary to confirm a plan in bankruptcy
or defend the bankruptcy.
Siconolfi PLLC received a $25,000 retainer plus a $1,738 filing fee
prior to the petition date.
The firm bills at $550 per hour for attorney time and $250 per hour
for paralegal or legal assistant time.
Siconolfi PLLC is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Sally Siconolfi, Esq.
H. Bruce Bronson, Esq.
SICONOLFI PLLC
2 Peter Cooper Road #4G
New York, NY 10010
Telephone: (646) 245-8949
E-mail: sallysiconolfi@siconolfipllc.com
About Super Rich NY Corporation
d/b/a Chada
Super Rich NY Corporation d/b/a Chada sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No.
25-11938) on September 5, 2025.
At the time of the filing, Debtor had estimated assets of between
$1,000,001 and $10 million and liabilities of between $100,001 and
$500,000.
Judge Lisa G. Beckerman oversees the case.
Siconolfi PLLC is Debtor's legal counsel.
SUPERIOR ENERGY: Fitch Assigns 'BB-' LongTerm IDR, Outlook Stable
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Fitch Ratings has assigned Superior Energy Services, Inc. and SESI,
LLC (together Superior) first-time Long-Term Issuer Default Ratings
(IDR) of 'BB-'. The Rating Outlook on the IDRs is Stable. Fitch has
also assigned a 'BB' rating with a Recovery Rating of 'RR3' to the
proposed senior secured notes issued by SESI.
Superior's ratings are supported by the company's accretive
acquisition of Quail Tools, LLC, management's track record of
strategic repositioning initiatives, the company's diversified
customer base, positive projected FCF generation and midcycle
leverage of 1.5x. These factors are partially offset by the
volatile nature of the oilfield services sector. The ratings assume
the successful launch of the proposed secured notes and repayment
of existing debt.
Key Rating Drivers
Proposed Notes Establish Capital Structure: Fitch views Superior's
proposed senior secured notes favorably, as they will establish a
more permanent capital structure and facilitate the repayment of
existing transaction-related debt. The company will have a simple
debt structure and an extended maturity profile to 2030, which
supports continued reinvesting in its rentals business and
potential bolt-on acquisitions. The upsized $200 million ABL credit
facility will also mature in 2030 and provide additional liquidity,
which Fitch expects the company to use minimally in the base case.
Accretive Quail Transaction: Fitch views the company's $600 million
acquisition of Quail Tools, LLC as a credit positive, as it
materially expands Superior's scale and U.S. land market exposure
via a high-margin, FCF-generating business. Quail is a leading
provider of premium oilfield rental tools and equipment, maintains
significant market share in the U.S., and will substantially
improve Superior's margins and FCF. Management expects the
acquisition to deliver material synergies, including lower labor
costs, facilities rationalization, and commercial and supply-chain
optimization, most of which Fitch views as achievable.
Strategic Shift to Rentals: Fitch believes Superior's strategic
repositioning initiatives and focus on reinvesting capital in its
high-margin, capex-light rentals product lines will expand margins
and drive better performance through the cycle. Since 2019, the
company has eliminated many labor-intensive, service-oriented and
commoditized product lines and has exited weaker-performing onshore
and offshore regions. Management reports this rationalization
produced around $30 million of incremental EBITDA on $600 million
less revenue. Fitch recognizes the strong margin performance of the
rentals business through prior cycles and expects further
strengthening with Quail.
Global Reach, Diversified Customer Base: Superior has a global
presence with a focus on attractive international markets and a
diversified customer base including oil and gas majors and national
oil companies. Around one-third of the company's revenue is
generated internationally, primarily through multiyear contracts,
and the remainder is split between U.S. onshore and offshore
markets. Superior's top 12 customers represent around 61% of
revenue, and no single customer accounts for more than 10% of
revenue, which Fitch views as a credit positive. Superior's
operations in Argentina (CCC+ IDR), which accounted for around 10%
of standalone revenue in 2024, are credit neutral.
Positive FCF Generation: Fitch projects strong EBITDA margins in
the high-30% range and FCF of around $125 million-$150 million in
2026. Fitch expects similar margins and FCF thereafter through the
base case at Fitch's base-case price deck, which declines toward
the agency's $57 per barrel (bbl) midcycle West Texas Intermediate
(WTI) oil price forecast for 2028. Management intends to reinvest
excess FCF back into the business for capex, and to maintain
liquidity and pursue growth initiatives.
1.5x Mid-Cycle Leverage: Fitch's base case projects gross leverage
of 1.4x in 2026, increasing only modestly toward 1.6x in 2028,
in-line with the agency's price assumptions. Management is
targeting less than 1.0x net leverage in today's market, with
tolerances up to 1.5x following any potential M&A activity with the
expectation of deleveraging post-close. Following Superior's
management change in 2H24, no dividends have been paid to the
sponsor, which Fitch expects to continue.
Peer Analysis
Pro forma the Quail acquisition, Superior is forecast to generate
EBITDA of around $450 million in 2026, with EBITDA margins in the
high-30% range. In terms of scale, the company will be smaller than
diversified peer Weatherford International Public Limited Company
(BB/Stable), larger than Helix Energy Solutions Group, Inc.
(BB-/Stable), Seadrill Limited (B+/Stable) and Precision Drilling
Corporation (BB-/Stable), and of similar scale as Valaris Limited
(B+/Stable) and Tidewater Inc. (B+/Stable).
The company's EBITDA margins are comparable to Tidewater Inc., but
higher than those of the remaining peers, and are primarily
supported by the company's rental businesses. Fitch considers
Superior's rental segment margins more resilient than its peers
through the cycle, evidenced by rental EBITDA margins of around 40%
during the prior two downturns, compared with the offshore drilling
peers' margins, which fell to the high-teens and single digits.
Superior also has greater end-market exposure and lower customer
concentration than the offshore-focused peers, although not to the
same degree as Weatherford.
From a leverage perspective, nearly all the peers maintain leverage
below 2.0x and are generating positive FCF, which supports credit
profiles at current rating levels.
Key Assumptions
- WTI oil prices of $65/bbl in 2025, $60/bbl in 2026 and 2027 and
$57/bbl in 2028 and thereafter;
- Henry Hub natural gas prices of $3.40/ one thousand cubic feet
(mcf) in 2025, $3.50/mcf in 2026, $3.00 in 2027 and $2.75/mcf in
2028 and thereafter;
- Proposed notes issuance is completed and existing debt repaid as
contemplated;
- Acquisition-related revenue growth in 2026 followed by
single-digit growth in 2027 and modest declines thereafter;
- High 30% EBITDA margins in 2026 and 2027 followed by modest
declines toward the mid-to-low thirties thereafter;
- No material M&A activity;
- No dividends, excess cash reinvested into business.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade:
- Inability to generate FCF, resulting in a weakening of the
liquidity profile;
- Deviation from stated financial policies, including overly
debt-funded M&A or significant dividends;
- Midcycle EBITDA leverage above 3.0x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade:
- Increased size and scale or diversification while maintaining
EBITDA margins;
- Midcycle EBITDA leverage below 2.0x.
Liquidity and Debt Structure
Superior will maintain full availability under its upsized $200
million ABL credit facility and will hold over $250 million cash on
hand following the proposed notes issuance. The liquidity profile
is further supported by Fitch's forecast of positive FCF, which
should facilitate minimal use of the ABL. Management intends to
maintain around $150 million of cash on its balance sheet, with
excess FCF used for organic growth opportunities or potential
bolt-on M&A.
Issuer Profile
Superior Energy Services is a leading energy services company with
a robust portfolio of strategically positioned rentals and well
services brands, serving blue chip customers across a global
footprint and all phases of the well lifecycle.
Date of Relevant Committee
17-Sep-2025
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
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
----------- ------ --------
SESI, L.L.C. LT IDR BB- New Rating
senior secured LT BB New Rating RR3
Superior Energy
Services, Inc. LT IDR BB- New Rating
SVG 26 LLC: Seeks Chapter 11 Bankruptcy in New York
---------------------------------------------------
Kirk O'Neil of The Street reports that SVG 26 LLC, the parent
company of The Alton Distillery, has filed for Chapter 11
bankruptcy protection in the U.S. Bankruptcy Court for the Eastern
District of New York, seeking to restructure its finances and
maintain ongoing operations.
The Bethel, New York-based company submitted its petition on
September 25, 2025 listing between $1 million and $10 million in
both assets and liabilities.
Founded in 2010, The Alton Distillery has built a strong reputation
for producing handcrafted, high-quality spirits that have earned
industry recognition. Its product lineup includes the well-known
Peace Vodka and The Alton Classics collection, which features New
York Straight Rye Whiskey and New York Straight Bourbon Whiskey,
the report states.
The company takes pride in its traditional distilling methods,
using natural yeast, pure Catskill Mountain water, and charred
American oak barrels to age its whiskeys. Despite the financial
challenges leading to its bankruptcy filing, The Alton aims to
continue operations while navigating its reorganization process,
the report relays.
About SVG 26 LLC
SVG 26 LLC, dba Alton Distillery, is known for crafting premium,
small-batch spirits that have gained recognition within the
industry. Its offerings include the popular Peace Vodka and The
Alton Classics line, featuring New York Straight Rye Whiskey and
New York Straight Bourbon Whiskey.
SVG 26 LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D.N.Y. Case No. 25-44613) on September 25, 2025. In
its petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
SWAHILI VILLAGE: Case Summary & 20 Largest Unsecured Creditors
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Debtor: Swahili Village M Street, LLC
f/d/b/a The Consulate
1990 M Street, NW
Washington, DC 20036
Business Description: Swahili Village M Street, LLC operates a
chain of restaurants specializing in
authentic East African cuisine in the United
States. The Company offers a diverse menu
featuring dishes such as goat stew, chapati
wraps, grilled chicken, fried tilapia, and
coconut beans, catering to both meat-eaters
and vegetarians. It operates multiple
locations, including Beltsville, Washington
D.C., Newark in Maryland, and New Jersey,
and provides dining, reservations, and
event-hosting services.
Chapter 11 Petition Date: September 26, 2025
Court: United States Bankruptcy Court
District of Columbia
Case No.: 25-00437
Judge: Hon. Elizabeth L Gunn
Debtor's Counsel: Craig M. Palik, Esq.
MCNAMEE HOSEA, P.A.
6404 Ivy Lane, Suite 820
Greenbelt, MD 20770
Tel: (301) 441-2420
Email: cpalik@mhlawyers.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Kevin Onyona as member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/HSGZSRQ/Swahili_Village_M_Street_LLC__dcbke-25-00437__0001.0.pdf?mcid=tGE4TAMA
SYNERGY MEDICAL: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
Synergy Medical Services, LLC received final approval from the U.S.
Bankruptcy Court for the Northern District of Florida, Pensacola
Division, to use cash collateral.
The final order signed by Judge Karen Speci authorized the Debtor
to use cash collateral for ordinary monthly expenses and fees.
As adequate protection, the court granted the U.S. Small Business
Administration post-petition security interests in and liens on all
of the Debtor's personal property, including accounts receivable,
to the same extent as its pre-bankruptcy security interests and
liens.
The court also required the Debtor to make monthly payments of
$3,000 to the SBA as additional protection.
Any default by the Debtor of its obligations must be cured within
seven days of service of the default notice.
About Synergy Medical Services
Synergy Medical Services, LLC provides home healthcare services
across Florida. The Company offers skilled nursing, specialized
nursing services, physical therapy, and home health aides. Its team
of registered nurses and therapists delivers in-home care focused
on professional, round-the-clock support.
Synergy Medical Services sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Fla. Case No.
25-30599) on June 27, 2025. In its petition, the Debtor reports
estimated assets between $100,000 and $500,000 and estimated
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Karen K. Speci handles the case.
The Debtor is represented by:
Robert C. Bruner, Esq.
Bruner Wright, P.A.
Tel: 850-385-0342
Email: rbruner@brunerwright.com
Byron Wright, III
Bruner Wright, P.A.
Tel: 850-385-0342
Email: twright@brunerwright.com
TABERNACLE CHRISTIAN: Section 341(a) Meeting of Creditors on Oct.30
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On September 29, 2025, Tabernacle Christian Center Ministries Inc.
filed Chapter 11 protection in the Southern District of Florida.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on October
30, 2025 at 08:30 AM by TELEPHONE.
About Tabernacle Christian Center Ministries Inc.
Tabernacle Christian Center Ministries Inc. operates as a religious
organization based in Florida, providing Christian worship
services, educational programs, and community outreach initiatives.
The organization is led by Bishop Jeff Terrelonge and conducts
activities including Sunday worship, Bible study, youth services,
and volunteer-driven community programs.
Tabernacle Christian Center Ministries Inc. sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-21466) on September 29, 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 Mark S. Roher, Esq. of LAW OFFICE OF
MARK S. ROHER, P.A.
TAX TIME: Jonathan Dickey Named Subchapter V Trustee
----------------------------------------------------
The Acting U.S. Trustee for Region 19 appointed Jonathan Dickey as
Subchapter V trustee for Tax Time LLC.
Mr. Dickey 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. Dickey declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jonathan M. Dickey, Esq.
1660 Lincoln Street, Suite 1720
Denver, CO 80264
303-832-2400
Email: jmd@kutnerlaw.com
About Tax Time LLC
Tax Time, LLC filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. D. Colo. Case No. 25-16241) on
September 26, 2025, with up to $50,000 in assets and $100,001 to
$500,000 in liabilities.
Aaron J. Conrardy, Esq., represents the Debtor as legal counsel.
The Debtor is represented by:
Aaron J. Conrardy, Esq.
Wadsworth Garber Warner Conrardy, P.C.
2580 West Main Street, Suite 200
Littleton, CO 80120
Phone: 303-296-1999
aconrardy@wgwc-law.com
TBB DEEP: Affiliate Seeks to Sell Kitchen Equipment at Auction
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The Biscuit Bar LLC and affiliate, TBB Deep Ellum LLC, seek
permission from the U.S. Bankruptcy Court for the Northern District
of Texas, Dallas Division, to sell substantially all Assets, free
and clear of all liens, claims, interests, and encumbrances.
On September 3, 2025, the Debtors filed their Motion to Assume
Non-Residential Real Property Leases seeking to assume:
-- that certain Retail Lease by and between TBB Abilene LLC, and
dated as of March 29, 2019;
-- that certain Commercial Lease by and between TBB Boardwalk LLC
and GPI Boardwalk, LP, and dated as of September 22, 2017;
-- that certain non-residential real property lease by and between
TBB Coppell LLC and 104 S Denton Tap, LP;
-- that certain Retail Lease by and between TBB North Arlington LLC
and NEC Collins & I-30 Partners LP, and dated as of June 6, 2019;
-- that certain Shopping Center Lease by and between TBB Stockyards
FW LLC and Fort Worth Heritage MB, LLC, and dated as of July 5,
2019.
The Debtors have entered into that certain Asset Purchase Agreement
(APA) by and among Biscuit Brand Holdings, LLC, and The Biscuit
Bar, LLC, TBB Abilene, LLC, TBB Boardwalk, LLC, TBB Deep Ellum LLC,
TBB North Arlington LLC, and TBB Stockyards FW LLC with the Biscuit
Brand Holdings, LLC as the Purchaser.
The Debtors' have attempted a good faith reorganization. However,
the headwinds in the fast-casual dining industry have made further
reorganization untenable. The Debtors have pivoted over the past
several months to marketing the Debtors' business and brand for
sale to a third party. The Debtors had several potential buyers,
but only one has materialized into a firm offer.
The Debtors seek authority to sell substantially all their Assets,
consisting mainly of commercial kitchen equipment, and to assume
and assign the Leases to the Purchaser. In exchange, the Purchaser
has agreed to serve as the stalking horse bidder and submit an
opening bid of $417,000 plus the assumption amounts for the Leases.
The sale will provide for the assumption of Leases, and the
continuation of the Biscuit Bar brand.
Included Assets are substantially all the assets of the Debtors,
including but not limited to intellectual property, contract
rights, personal property, rights under warranties, and causes of
action related to purchased assets.
The closing of the sale is no later than November 30, 2025.
In addition to the key terms, the Debtors wish to highlight the
following pertinent provisions:
* Agreements with Management. Jacob and Janie Burkett (the Debtors'
members) have agreed to continue operating the Debtors and will be
employees of the Purchaser. Jacob and Janie Burkett are negotiating
an ownership share in the Purchaser in exchange for their services
to the Purchaser.
* Good Faith Deposit. The Sale will be subject to an open auction
process as described in the Bid Procedures Motion. Purchaser will
not be required to submit a good faith deposit in connection with
the APA. The Purchaser's ability to close the sale is subject to a
separate financing contingency.
* Interim Arrangements with Proposed Buyer. Prior to Closing,
Purchaser is granted no management rights in
connection with the Debtors; however, the Debtors are required
under the APA to maintain the business in the ordinary course.
* Use of Proceeds. The Debtors intend to use the proceeds to pay
secured claims, administrative claims, and cure amounts.
* Sale of Avoidance Actions. The APA does not sell or otherwise
limit the Debtors' rights to pursue avoidance claims under Chapter
5 of the Bankruptcy Code.
* Successor Liability. The APA limits Purchaser's successor
liability.
The Purchase Price under the APA is equal to or greater than the
value of the assets being purchased. The Debtors only significant
assets are used commercial kitchen equipment with little to no real
market value. The competitive auction process is likewise intended
to achieve the highest and best price for the assets. Accordingly,
the cash component of the Purchase Price allocated to the Assets
($417,000) exceeds the value of the liens on the Assets.
About TBB Deep Ellum
TBB Deep Ellum, LLC operates as The Biscuit Bar and provides
counter-service dining featuring biscuit sandwiches and full-bar
service. The company operates from its location at 2550 Pacific
Avenue in Dallas's Deep Ellum neighborhood.
TBB Deep Ellum filed a Chapter 11 petition (Bankr. D. Texas Case
No. 25-30207) on January 21, 2025, listing between $50,000 and
$100,000 in assets and between $1 million and $10 million in
liabilities.
Judge Michelle V. Larson handles the case.
On February 12, 2025, the bankruptcy court ordered the joint
administration of TBB Deep Ellum's case and the Chapter 11 cases
filed by its affiliates on February 6, 2025. The affiliates are TBB
Boardwalk, LLC, TBB North Arlington, LLC, TBB Stockyards FW, LLC,
TBB Coppell, LLC, and TBB Abilene, LLC.
Judge Michelle V. Larson oversees the cases.
The Debtors' legal counsel is Thomas Berghman, Esq., at Munsch
Hardt Kopf & Harr, P.C., in Dallas, Texas.
TERRAFORM GLOBAL: Moody's Confirms 'Ba3' CFR, Outlook Negative
--------------------------------------------------------------
Moody's Ratings confirmed TerraForm Global Operating LP's
(Terraform Global) ratings, including its Ba3 Corporate Family
Rating, Ba3-PD probability of default rating, and Ba3 senior
unsecured rating, with a negative outlook. Terraform Global's
speculative grade liquidity (SGL) rating was downgraded to SGL-4
from SGL-3.
This concludes the review for downgrade initiated on January 28,
2025.
RATINGS RATIONALE
"The confirmation of Terraform Global's Ba3 ratings review reflects
the company's progress in reducing debt outstanding in 2025 as well
as pending asset sales that should lead to further debt reduction,"
said Jillian Cardona, Moody's Ratings AVP-Analyst. Most recently,
after the end of the second quarter of 2025, Terraform Global
utilized approximately $31 million in proceeds from new
project-level debt at its Brazil assets to reduce the amount of
senior unsecured debt due March 01, 2026 to $125 million from $157
million. Throughout 2025, the company has steadily lowered its
outstanding holding company senior notes from a beginning-year
balance of $325 million.
The negative outlook reflects the uncertainty related to timing of
expected renewable asset sales and financings. The company intends
to use proceeds from asset sales and financings to redeem
additional senior unsecured notes before the unsecured bond
maturity. However, these transactions have not yet been determined.
Any stabilization of the outlook will depend on the timing and
expected proceeds from asset sales or financings, as well as
management's execution of alternative plans should asset sales not
be completed well before the March 2026 maturity of the notes.
Moody's expects the company to repay or refinance the $125 million
of near-term maturing notes by early next year, although execution
of that debt paydown remains a risk and is a driver of the negative
outlook.
Moody's expects Terraform Global to continue generating operating
cash flow from its remaining assets over the next year, primarily
from its wind and solar assets in China and Brazil, which are
exposed to some degree of generation volume volatility.
Additionally, the ratings confirmation considers Terraform Global's
ownership by affiliates of Brookfield Corporation (Brookfield, A3
stable), which has substantial liquidity resources and could
provide support if needed to ensure the notes maturing in March are
redeemed or refinanced.
LIQUIDITY
The downgrade of Terraform Global's speculative grade liquidity
rating to SGL-4 from SGL-3 reflects the company's weak liquidity,
primarily driven by the approaching maturity of $125 million of
senior unsecured holding company notes in March 2026 and the
limited internal cash flow resources available to meet this
maturity. In addition, the company's $45 million revolving credit
facility has become current, exacerbating the company's weak
liquidity position. Terraform Global's $45 million credit facility
had no borrowings or letters of credit outstanding as of September
30, 2025. Barring successful asset sales, additional asset level
financings, or an increase or extension of the revolving credit
facility, Terraform may have to rely on its owners to meet next
year's debt maturities.
As of June 30, 2025, Terraform Global reported cash and cash
equivalents of approximately $72 million. Following the second
quarter-end, the company used around $31 million in proceeds from
project-level debt financings at its Brazil assets for holding
company debt reduction, leaving roughly $40 million of available
cash on hand. While projects in Brazil and China continue to
generate cash flow, the current cash balance is insufficient to
cover the upcoming debt maturity, representing a key near-term
liquidity pressure.
Moody's expects Terraform Global to remain in compliance with the
financial maintenance covenants under its credit facility, which is
secured by interests in its projects. These covenants include a
maximum leverage ratio of 5.50x (net debt to CAFDS), with the
company reporting a ratio of 2.52x as of June 30, 2025.
Additionally, the facility includes a distribution test, requiring
a minimum interest coverage ratio of 1.75x.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
FACTORS THAT COULD LEAD TO A DOWNGRADE
The ratings could be downgraded if the planned asset sales do not
materialize as expected and management does not execute alternative
plans to pay off or refinance the remaining notes well before the
March 2026 maturity date, or if there are operating problems or
other issues associated with its projects, such as weather or
curtailment events, that materially reduce the amount cash
available for debt service.
FACTORS THAT COULD LEAD TO AN UPGRADE
An upgrade of TGO's ratings in the near-to-intermediate term is
unlikely given the negative outlook and upcoming bullet debt
maturity.
LIST OF AFFECTED RATINGS
Issuer: TerraForm Global Operating LP
Downgrades:
Speculative Grade Liquidity Rating, Downgraded to SGL-4 from
SGL-3
Confirmations:
LT Corporate Family Rating, Confirmed at Ba3
Probability of Default Rating, Confirmed at Ba3-PD
Senior Unsecured, Confirmed at Ba3
Outlook Actions:
Outlook, Changed To Negative From Rating Under Review
The principal methodology used in these ratings was Unregulated
Utilities and Power Companies published in August 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
PROFILE
TerraForm Global Operating LP (TGO) owns and operates a fleet of
wind and solar assets in Brazil and China. TPO's installed capacity
of wind and solar generation capacity approximates 473 Megawatts
(MWs).
The senior unsecured notes are unconditionally guaranteed by TGO's
sole member, TerraForm Global LLC. Terraform Global Inc., TGO's
parent company, is owned by affiliates of Brookfield Corporation
(Brookfield, A3 stable), previously Brookfield Asset Management
Inc. Brookfield Infrastructure Fund III (BIF III), which owns 100%
of BRE GLBL Holdings LP, is TGO's direct parent company. Brookfield
Renewable Partners LP, a subsidiary of Brookfield, holds a 31%
interest in BRE GLBL Holdings LP through its participation in BIF
III. The fund was set up in 2016 with a 12-year term, subject to
one-year extension options.
THRILL INTERMEDIATE: Seeks Ch. 11, Oct. 30 Sec. 341 Meeting
-----------------------------------------------------------
On September 28, 2025, Thrill Intermediate LLC filed Chapter 11
protection in the District of Nevada. According to court filing,
the Debtor reports between $100 million and $500 million in debt
owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
The Bankruptcy Court's Las Vegas division will hold the First
Meeting of Creditors on October 30, 2025. All non-governmental
creditors are required to submit their Proofs of Claim to the court
no later than January 28, 2026.
About Thrill Intermediate LLC
Thrill Intermediate LLC, a Las Vegas-based holding company, through
its direct and indirect wholly owned subsidiaries, creates and
produces television content and has at times produced live
entertainment events, most notably the MTV show Ridiculousness, a
30-minute studio clip show where host Rob Dyrdek and co-hosts
comment on viral videos featuring stunts, mishaps, and everyday
chaos, which constitutes roughly half of MTV's programming. The
Company also manages subsidiaries involved in media production,
digital marketing, event management, and intellectual property.
Thrill Intermediate LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Nev. Case No. 25-15714) on September 28,
2025. In its petition, the Debtor reports estimated assets between
$50 million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Mike K. Nakagawa handles the case.
The Debtor is represented by Gregory E. Garman, Esq. of GARMAN
TURNER GORDON LLP.
TIME OUT: To Sell Home Park Property to MHCI Group for $13MM
------------------------------------------------------------
John C. Bircher, III, Chapter 7 Trustee for TOPPOS, LLC, Top Park
Services, LLC, Time Out Properties, LLC, Grand Valley MHP, LLC,
Prairie Knolls MHP, LLC, and Rolling Acres MHC, LLC, seeks
permission from the U.S. Bankruptcy Court for the Eastern District
of North Carolina, Fayetteville Division, to sell Property, free
and clear of liens, claims, interests, and encumbrances.
The Trustee filed an application to employ Robert J. Tramantano and
Great Neck Realty Company of North Carolina, LLC, to market
substantially all of their assets, including both the real property
(including any transferrable licenses associated with the real
property held by the Debtor), personal property, and lease
contracts for manufactured home units.
Broker has diligently marketed the Sale Assets and has received an
offer from MHCI Group to purchase the real property owned by
Debtors Grand Valley, Prairie Knolls, and Rolling Acres, the real
property owned by Cedarbrook MHP, LLC, and Maple Creek MHP, LLC,
and the unencumbered personal property owned by TOPPOS, LLC, which
is located on the real property owned by each of the previous
entities.
MHCI Group has executed an Asset Purchase Agreement, which is
expressly subject to Bankruptcy Court approval in all respects.
The purchase price is $13,000,000.00 and the earnest money deposit
is $650,000.
The closing is 15 days following entry of an order approving this
motion, subject to terms and
conditions of Purchase Agreement. The break-up fee is $390,000.
The Trustee and the Purchaser shall each be responsible for its own
attorneys' fees incurred in connection with the Purchase Agreement,
the Bankruptcy Case and the transactions or other matters
contemplated hereby or thereby. The Trustee has negotiated a
carve-out for the estate equal to approximately 13.5% of the
proposed purchase price, with a minimum of $11.25 million to be
paid to the secured lender holding a lien on the real property, M&T
Realty Capital Corporation. That carve-out shall be used to pay the
commission of Broker as well as the Trustee with the remaining
proceeds payable to the bankruptcy estate.
The purpose of this Motion is to seek approval of the proposed sale
of the Property in accordance with the terms of the Purchase
Agreement, subject to the submission of additional qualified offers
prior to the expiration of the Bid Deadline.
The Debtor represents the Purchase Agreement has been negotiated in
good faith and at arms-length, and the procedures set forth herein
are fair and reasonable while recognizing the opportunity for
competing offers or bids for the Property.
The Trustee requests authorization to use the proceeds of the sale
as follows:
a. M&T Realty Capital Corporation, a creditor holding a valid,
perfected security interest in the real property will be paid
proceeds of the sale of its collateral as follows:
1. $11,250,000 if the highest bid is the Stalking Horse Offer in
the Purchase Agreement attached; or,
2. If a higher Qualified Bid is received on which the Trustee
receives Court approval to close, $11,250,000 plus 94.2% percent of
the difference between the highest Qualified Bid minus the Break-Up
Fee and $13,000,000. For example, if the highest Qualified Bid
received is $15,000,000 and Trustee closes on that Qualified Bid,
M&T Realty Capital Corporation would receive $11,250,000 plus 94.2%
of ($15,000,000 minus $390,000 minus $13,000,000), for a total of
$12,766,620.
b. Broker will be paid its commission at closing equal to two and
one half percent of gross proceeds less than or equal to
$10,000,000.00; plus one and three-quarters percent of the
incremental gross proceeds
between $10,000,001.00 and $20,000,000.00; plus three-quarters
percent of the incremental gross proceeds between $20,000,001.00
and $30,000,000.00; plus one-half percent of the incremental gross
proceeds in excess of $30,000,000.00, as set forth in the
Application to employ Broker. In the event that there is more than
one Transaction, the Transaction Fee shall apply to cumulative
gross proceeds realized from all Transactions.
c. The Trustee will be paid a three percent commission on the gross
sale proceeds;
d. Proceeds will next be used to pay taxes and fees incurred as a
result of the sale.
Secured creditors retain their right to seek stay relief as to any
portion of assets that are not sold, and to seek approval and
payment of post-petition interest, attorneys' fees and other
amounts payable.
About Time Out Properties, LLC
Time Out is a holding company that owns 100% of the equity in each
of Prairie Knolls, Grand Valley MHP, LLC, and Rolling Acres MHC,
LLC, each of which own and operate a mobile home park.
Time Out Properties, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No. 24-19722) on
September 20, 2024, with $1 million to $50 million in both assets
and liabilities. The petition was signed by Neil Carmichael Bender,
II as manager.
Judge Scott M Grossman oversees the case.
The Debtor is represented by Bradley S. Shraiberg, Esq. at
Shraiberg Page P.A.
TMK HAWK: BlackRock FRA Marks $1.8MM Loan at 40% Off
----------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $1,824,000 loan extended to TMK Hawk Parent Corp to
market at $1,094,740 or 60% of the outstanding amount, as of June
30, 2025, according to a disclosure contained in BlackRock FRA's
Form N-CSR for the Fiscal year ended June 30, 2025, filed with the
Securities and Exchange Commission.
BlackRock FRA is a participant in a 2024 Term Loan to TMK Hawk
Parent Corp. The loan accrues interest at a rate of 9.58% (1-mo.
CME Term SOFR at 1% floor+ 2%, 3.25 PIK) per annum. The loan
matures on June 30, 2029.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882 0052
TMK Hawk Parent Corp. is the holding company of TriMark USA, LLC, a
foodservice equipment and supplies distributor.
TOTAL AUTO: 4th Circuit Tosses Bayramov v. Wee, et al. Appeal
-------------------------------------------------------------
Judges Roger L. Gregory, James Andrew Wynn and Henry F. Floyd of
the United States Court of Appeals for the Fourth Circuit dismissed
the appeal styled ELSHAN BAYRAMOV, Appellant, v. JOLENE E. WEE,
Chapter 11 Trustee, Trustee - Appellee, and AMERICAN CREDIT
ACCEPTANCE, LLC, Creditor - Appellee, No. 25-1100 (4th Cir.) for
lack of jurisdiction.
Elshan Bayramov seeks to appeal the order of the United States
District Court for the Eastern District of Virginia affirming the
bankruptcy court's orders authorizing the Fed. R. Bankr. P. 2004
examination of Bayramov and denying his motion for reconsideration.
This court may exercise jurisdiction only over final orders, 28
U.S.C. Sec. 1291, and certain interlocutory and collateral orders,
28 U.S.C. Sec. 1292. According to the panel, the orders Bayramov
seeks to appeal are neither final orders nor appealable
interlocutory or collateral orders.
A copy of the Court's Opinion is available at
https://urlcurt.com/u?l=dCECli
Counsel for Trustee - Appellee:
Dylan Gillespie Trache, Esq.
NELSON MULLINS RILEY & SCARBOROUGH, LLP
101 Constitution Avenue, NW, Suite 900
Washington, DC, 20001
E-mail: dylan.trache@nelsonmullins.com
About Total Auto Financing LLC
Total Auto Financing, LLC is in the business of automotive finance
for sub-prime car purchasers using retail installment contracts. It
was formed by Elshan Bayramov and Babak Bayramov on September 28,
2020. It provides loan portfolio management services for a $48
million loan portfolio employing eight persons in the U.S. and
eight persons in the Bayramovs' native country of Azerbaijan.
Total Auto Financing sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Va. Case No. 23-11867) on November 15,
2023, with $10 million to $50 million in both assets and
liabilities. Elshan Bayramov, member-manager, signed the petition.
Judge Brian F. Kenney oversees the case.
Martin C. Conway, Esq., at Conway Law Group, PC represents the
Debtor as counsel.
On February 13, 2024, Jolene E. Wee was appointed as Chapter 11
trustee in this case. The trustee tapped YVS Law, LLC and Baker &
Hostetler LLP as special counsel and HBM Management Associates LLC
as insolvency professional.
TPI COMPOSITES: Creditors Sue Oaktree Over Pre-Ch. 11 Uptier Deal
-----------------------------------------------------------------
Randi Love of Bloomberg Law reports that the unsecured creditors'
committee in TPI Composites' Chapter 11 has filed an adversary
complaint in the U.S. Bankruptcy Court for the Southern District of
Texas, targeting a prepetition "uptier" deal with
Oaktree-affiliated funds.
The committee alleges that Oaktree converted approximately $400
million of preferred equity into secured debt without providing new
value, effectively elevating its claims over those of unsecured
noteholders, according to the report. The complaint seeks to void
the transaction, recharacterize Oaktree's claims, or subordinate
them to restore recovery prospects for other creditors.
The challenge comes as tensions grow over TPI's financing structure
and sale plans since its August bankruptcy filing. Oaktree's role
as both prepetition backer and DIP lender has drawn objections from
junior creditors, who argue the financing gives Oaktree excessive
influence and the ability to credit-bid its claims at auction. TPI,
meanwhile, has defended the arrangement as necessary to maintain
liquidity and pursue an orderly sale, while the committee argues
that unwinding the uptier is critical to ensuring fair treatment of
unsecured creditors, the report states.
About TPI Composites, Inc.
TPI Composites -- https://tpicomposites.com/ -- is a leading
wind-blade manufacturer and the only independent wind blade
manufacturer with a global footprint.
TPI Composites Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34655) on August 11,
2025. The company listed $500 million to $1 billion in estimated
assets, along with $1 billion to $10 billion in estimated
liabilities.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Gabriel Adam Morgan, Esq. at Weil,
Gotshal & Manges LLP.
Oaktree Capital Management L.P., as DIP agent, is represented by
William A. (Trey) Wood III, Esq. at Bracewell, LLP.
TRICOLOR AUTO: Docs Reveal Thousands of Loans Linked to Same Cars
-----------------------------------------------------------------
Isabella Farr, Scott Carpenter, and Paige Smith of Bloomberg News
report that an initial investigation into the records of bankrupt
subprime auto lender Tricolor Holdings has revealed significant
irregularities, with at least 29,000 loans pledged to creditors
tied to vehicles that were already securing other debts.
The discovery raises concerns about how the company managed its
loan portfolio and the accuracy of assets pledged to financial
institutions, according to the report.
Bloomberg News, citing individuals familiar with the ongoing probe,
said roughly 40% of Tricolor's 70,000 active loans -- used as
collateral for bank warehouse lines and asset-backed
securitizations -- shared attributes with at least one other loan,
including identical vehicle identification numbers (VINs). These
overlapping data points suggest that the same vehicles may have
been used multiple times to secure different loans, a practice that
could signal widespread internal control failures or deliberate
misrepresentation.
Attorneys representing Tricolor Holdings and its founder, Daniel
Chu, declined to comment on the findings, according to Bloomberg.
The company filed for Chapter 11 bankruptcy earlier this year
following mounting losses and tightening liquidity, leaving lenders
and investors exposed to potentially inflated collateral values.
The revelations have intensified scrutiny from investigators and
creditors. The court-appointed trustee overseeing Tricolor's
bankruptcy described the emerging evidence as indicating a
"pervasive fraud" of "extraordinary proportion." Investigators are
now working to determine whether the double-pledging of the same
vehicles was central to the company's collapse and whether criminal
or regulatory actions may follow, the report states.
About Tricolor Auto Acceptance
Tricolor Auto Acceptance is an Irving, Texas-based subprime auto
lender.
Tricolor Auto Acceptance, together with its parent Tricolor Auto
Group and other affilites sought relief under Chapter 7 of the U.S.
Bankruptcy Code(Bankr. N.D. Tex. Case No. 25-33497) on September
10, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
The Debtor is represented by Thomas Robert Califano, Esq. at Sidley
Austin LLP.
TRIPLE L TRANSPORT: Ongoing Operations to Fund Plan Payments
------------------------------------------------------------
Triple L Transport, LLC filed with the U.S. Bankruptcy Court for
the Southern District of Indiana a Combined Plan of Reorganization
and Disclosure Statement dated September 24, 2025.
Robert Reed, the Debtor's principal, had been running his own small
truck company for only two years when warranty claims sidelined two
of his primary operating assets, the Peterbilt triax dump trucks
that power his aggregate material hauling business within Indiana.
The Debtor has been managed principally by Mr. Reed who own 100% of
the membership interests in the Debtor. Mr. Reed shall remain as
President and CEO of the Debtor post confirmation, and shall
receive the same salary as he did pre-filing.
Immediately prior to filing one of the vehicles was repossessed and
the downtime for that vehicle was 14 weeks including the period
immediately following the filing of this case. In addition,
downtime from the Freightliner trucks operated by the Debtor was 21
weeks in 2024 and additional 22 weeks in 2025. That downtime is
reflected in the initial operating results reported by the Debtor
after filing this case. The Debtor is now profitable as a result of
recovery from downtime for its fleet.
The Debtor negotiated and implemented an agreed entry with
Crossroads to defend that creditor's motion for relief from stay
and will use that agreement for the treatment of Crossroad's claim
in this Plan. The Debtor has also made offers to both of its other
secured creditors. There is a fairly wide range of value for the
vehicles the Debtor owns making negotiations more complex than
usual but the Debtor expects to reach terms with both Daimler and
Equify that will be incorporated into this Plan. The Debtor remains
current on its lease for the premises from which business is
conducted, as it was before filing.
Cash generated by ongoing operations shall first be used to fund
administrative expenses, including professional and case Trustee
fees and expenses, secured and lease claims, and operating
expenses. The Plan pays priority claims in accordance with the
treatment allowed under the Code, although no such claims are known
at this time. After satisfaction of these claims, general unsecured
creditors shall be paid pro rata out of all remaining Plan
payments.
Class 3 consists of Allowed General Unsecured Claims, which claims
shall receive a pro rata payment after satisfaction of the superior
class claims treated under the Plan up to the full amount of the
allowed claim of such creditor. Such claims shall be allowed,
settled, compromised, satisfied and paid by a quarterly
distribution of the net disposable income of the Debtor for the
preceding quarter, for 20 quarters following confirmation of the
Plan. Payment of such claims is expressly subordinate to the
payment of priority claims under this Plan. Class 3 is impaired and
is entitled to vote on the Plan.
Class 4 consists of the Equity Interests, which interests shall be
retained by existing interest owners.
The Debtor shall continue to operate its business in accordance
with the projection of income, expense and cash flow attached
hereto and shall pay its projected net after tax cash profit to
satisfy creditor claims herein.
A full-text copy of the Combined Plan and Disclosure Statement
dated September 24, 2025 is available at
https://urlcurt.com/u?l=i4yuYu from PacerMonitor.com at no charge.
Counsel to the Debtor:
KC Cohen, Esq.
KC Cohen, Lawyer, PC
1915 Broad Ripple Ave.
Indianapolis, IN 46220
Telephone: (317) 715-1845
Facsimile: (317) 636-8686
Email: kc@smallbusiness11.com
About Triple L Transport, LLC
Triple L Transport LLC is a specialized freight trucking company
based in Greenfield, Indiana that likely provides transportation
services for specialized cargo requiring dedicated equipment or
handling. Operating in the transportation industry with NAICS code
4842 (Specialized Freight Trucking), the company appears to
maintain a fleet that includes Freightliner and Peterbilt trucks
for its freight operations.
Triple L Transport LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Ind.Case No. 25-03729)
on June 26, 2025. In its petition, the Debtor reports estimated
assets between $500,000 and $1 million and estimated liabilities up
to $50,000.
Judge Andrea K. Mccord handles the case.
The Debtor is represented by KC Cohen, Esq. at Kc Cohen, Lawyer,
PC.
TWIG CUSTOM: Seeks Chapter 7 Bankruptcy in Colorado
---------------------------------------------------
On September 29, 2025, Twig Custom Builders LLC initiated a
voluntary Chapter 7 proceeding in the District of Colorado. Court
records show the company with debts ranging from $1 million to $10
million, and 1 to 49 creditors.
About Twig Custom Builders LLC
Twig Custom Builders LLC is a Denver-based builder specializing in
personalized home construction and remodeling projects. Twig
Customs sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Col. Case No. 25-16289) on September 29, 2025. In its
petition, the Debtor reports estimated assets up to $100,000 and
estimated liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Joseph G. Rosania Jr. handles the
case.
The Debtor is represented by Andrew D. Johnson, Esq. of Onsager
Fletcher Johnson Palmer LLC.
TYLER 2 CONSTRUCTION: Gets Final OK to Use Cash Collateral
----------------------------------------------------------
Tyler 2 Construction, Inc. received final approval from the U.S.
Bankruptcy Court for the Western District of North Carolina to use
cash collateral.
The final order authorized the Debtor to use cash collateral to pay
the expenses set forth in its budget, subject to a 10% variance.
The Debtor projects total operational expenses of $836,907 for
October and $838,808 for November.
TowneBank, the Debtor's lender, may have an interest in the cash
collateral. As adequate protection, TowneBank will continue to
receive payment of $4,000 from the Debtor.
The final order approved the amounts shown in the budget for
payment of allowed fees and expenses incurred by the Debtor's
professionals as carve-outs from cash collateral.
TowneBank, as lender, is represented by:
Pamela P. Keenan, Esq.
Kirschbaum, Nanney, Keenan & Griffin, P.A
P.O. Box 19766
Raleigh, NC 27619-9766
Telephone: (919) 848-0420
Facsimile: (919) 848-8755
pkeenan@kirschlaw.com
About Tyler 2 Construction Inc.
Tyler 2 Construction, Inc. is a general contractor based in
Charlotte, North Carolina. The Company provides construction
management and renovation services across sectors including office,
healthcare, retail, and light industrial.
Tyler 2 Construction sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D.N.C. Case No. 25-30715) on July 9,
2025. In its petition, the Debtor reported total assets of
$9,819,766 and total liabilities of $5,762,398.
Judge Ashley Austin Edwards handles the case.
Richard S. Wright, Esq., at Moon Wright & Houston, PLLC is the
Debtor's legal counsel.
U.S. CREDIT: Court Tosses Arlington Appeal on Asset Sale Order
--------------------------------------------------------------
Judge George A. O'Toole, Jr. of the United States District Court
for the District of Massachusetts granted the motion of Stephen B.
Darr, Chapter 11 Trustee for U.S. Credit, Inc., to dismiss the
appeal styled ARLINGTON FINANCIAL CONSULTANTS, LLC, Appellant, v.
STEPHEN B. DARR as Chapter 11 Trustee For U.S. Credit, Inc.,
Appellee, Case No. 24-cv-12751-GAO (D. Mass.),
Arlington Financial Consultants, LLC, took an appeal from a
bankruptcy order authorizing the Chapter 11 Trustee for U.S.
Credit, Inc. to sell a home improvement loan portfolio to a
purchaser over Arlington's objection. Pending before the District
Court is the Trustee's Motion to Dismiss Appeal pursuant to Rule
8013 of the Federal Rules of Bankruptcy Procedure on both statutory
and equitable mootness grounds.
The Bankruptcy Court determined, in relevant part, that none of the
loans which comprised the Purchased Assets were funded by
Arlington, alleged clams against the consumers and contractors
asserted by Arlington in its objections were based only on its
claims and dealings with the Debtor and not on direct claims
against those claimants, and Arlington's alleged claims against
third parties were an attempt to indirectly challenge the rights of
the estate and the Debtor. The Sale Order also included a specific
injunction against Arlington, prohibiting it from pursuing any
claims against the consumers or contractors who were parties to
loans that were sold as part of the Purchased Assets. The
Bankruptcy Court determined that such an injunction was necessary
to induce the Purchase to close.
The sale has closed and Arlington did not file a motion to stay the
effectiveness of the Sale Order pending the appeal.
The Trustee claims the appeal is statutorily moot because, under 11
U.S.C. Sec. 363(m), an order that was not stayed pending appeal
cannot disturb a sale to a good faith purchaser. He maintains the
appeal is equitably moot because the sale has closed, and proceeds
have been disbursed. In opposition, Arlington contends that the
appeal is not moot because it does not oppose the sale and does not
seek to reverse or modify the authorization for the sale to the
purchaser in the Sale Order, but rather, it is requesting a
reversal of the injunction prohibiting it from collecting advances
it argues are not included in the Purchased Assets.
Judge O'Toole agrees, holding, "Here, the appeal is statutorily
moot. It is undisputed that Arlington never obtained a stay of the
Sale Order. Additionally, the bankruptcy court determined that the
buyer was a good faith purchaser and Arlington does not contend
otherwise. Arlington argues instead that it only seeks reversal of
the injunction in the Sale Order, and not the sale itself. However,
as the Bankruptcy Court determined, Arlington's potential claims
against consumers and contractors are based on its claims and
dealings with the Debtor and on the Debtor's actions. The
injunction was necessary to induce the putative purchaser to close,
and the purchaser has now acquired the Purchased Assets that
Arlington seeks to obtain. Therefore, carving out the injunction
from the Sale Order would upset the sale itself and run afoul of
Sec. 363(m)'s protection of good faith purchasers when the Sale
Order had not been stayed. Therefore, an appeal contesting the Sale
Order is moot under 11 U.S.C. Sec. 363(m)."
A copy of the Court's Opinion and Order is available at
https://urlcurt.com/u?l=F2U5XF from PacerMonitor.com.
About U.S. Credit, Inc.
U.S. Credit, Inc., develops and administers custom lending programs
for large retailers, point-of-sale platforms and educational
institutions.
U.S. Credit filed a Chapter 11 petition (Bankr. D. Mass. Case No.
24-10058) on Jan. 12, 2024. In the petition signed by its chief
executive officer Stephen Galvin, the Debtor reported $10 million
to $50 million in both assets and liabilities.
Judge Janet E. Bostwick presides over the case.
The Debtor tapped Charles R. Bennett, Jr., Esq. at Murphy & King,
PC as legal counsel and Mid-Market Management Group as financial
advisor. The U.S. Trustee for Region 1 appointed an official
committee of unsecured creditors in this Chapter 11 case. The
committee tapped Dentons Bingham Greenebaum, LLP as its legal
counsel.
UGI ENERGY: Moody's Affirms 'Ba3' CFR & Alters Outlook to Positive
------------------------------------------------------------------
Moody's Ratings has revised the outlook for UGI Energy Services,
LLC (UGIES) to positive from stable. Concurrently, Moody's affirmed
UGIES' Ba3 Corporate Family Rating, Ba3-PD Probability of Default
Rating, and Ba3 rating on its senior secured term loan.
"The change in UGI Energy Services' outlook to positive reflects
Moody's expectation for the company to continue to modestly grow
its scale while maintaining its low financial leverage and solid
earnings stability relative to similarly rated peers," commented
Jonathan Teitel, a Moody's Vice President.
RATINGS RATIONALE
The positive outlook reflects Moody's expectations that UGIES will
continue to reinvest in its business, growing EBITDA in a
disciplined manner while managing distributions to its parent, UGI
Corporation (UGI), in a way that preserves its low leverage. UGIES'
conservative financial profile is a credit strength, and its growth
investments are more likely to focus on its established midstream
offerings as it reduces its investments in renewable natural gas
(RNG).
UGIES' Ba3 CFR is supported by low leverage and a diversified
midstream service offering, despite its modest operating scale. The
company's midstream assets are geographically concentrated but
strategically located in high-demand markets across the eastern US
and Appalachia, a region with a robust supply of natural gas. It
serves a broad customer base through an integrated platform. One of
UGIES' largest customers is UGI Utilities, Inc. (A3 negative), also
a UGI subsidiary. UGIES derives the majority of its gross margin
from fixed-fee contracts, which helps mitigate risks from commodity
price volatility. Long-term agreements, some of which include
take-or-pay arrangements and minimum volume commitments, further
enhance cash flow stability. UGIES has made substantial investments
in RNG, with long-term profitability partially reliant on favorable
tax incentives and the monetization of renewable energy credits.
However, evolving tax legislation and regulatory uncertainty limit
visibility into future cash flow.
Maintaining a prudent balance between reinvestment and
distributions to UGI is essential to preserving UGIES' low leverage
profile. Another UGI subsidiary, AmeriGas Partners, L.P. (AmeriGas,
B1 negative), is contending with operational challenges and debt
refinancing needs. This has led UGI to provide financial support
through borrowing on other UGI subsidiaries. Moody's positive
outlook reflects an expectation that UGIES debt capacity will not
be called upon to support AmeriGas.
Moody's expects UGIES to maintain good liquidity through 2026,
supported by unrestricted cash and committed credit facilities. As
of June 30, 2025, the company had $13 million in unrestricted cash
and access to a fully undrawn $300 million revolving credit
facility maturing in 2028. The revolver includes a maximum net
leverage ratio of 4.0x (net of cash exceeding $10 million, capped
at $100 million), which may temporarily increase to 4.5x for two
full quarters following a significant acquisition, and a minimum
interest coverage ratio of 3.5x. The term loan includes a minimum
debt service coverage ratio of 1.1x. UGIES is expected to remain
well in compliance with these covenants. UGIES also uses a
receivables securitization facility, which had $58 million in
outstanding receivables as of June 30, 2025. This facility is
scheduled to mature in October 2025 and is expected to be renewed
in the ordinary course as part of the company's ongoing liquidity
management strategy.
UGIES' senior secured term loan due in 2030 is rated Ba3,
consistent with its CFR. This reflects the pari passu status of the
senior secured revolver and term loan, which together represent the
company's entire debt capital structure, excluding the non-recourse
receivables securitization facility. As of June 30, 2025, the term
loan had an outstanding balance of $780 million. UGIES' debt is not
guaranteed by UGI, nor does UGIES guarantee UGI's debt. However,
UGI's debt agreements include cross-default provisions triggered if
UGIES fails to make principal or interest payments on more than
$125 million in debt.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade of the ratings include EBITDA
growth allowing UGIES to sustain EBITDA around $400 million,
maintaining debt/EBITDA below 3.5x, continued adherence to
conservative financial policies, and supportive financial policies
at UGI.
Factors that could lead to a downgrade of the ratings include
debt/EBITDA approaching 4.5x, larger-than-expected distributions to
UGI, significant negative free cash flow, or weakening liquidity.
UGIES is a diversified midstream and energy marketing company and a
wholly owned subsidiary of publicly traded UGI. The company
operates an integrated midstream system that includes natural gas
pipelines, gathering systems, storage and processing facilities,
and a portfolio of RNG assets. In addition to its infrastructure
footprint, UGIES maintains a commodity marketing business.
The principal methodology used in these ratings was Midstream
Energy published in February 2022.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
VALYRIAN MACHINE: Employs Maddin Hauser as Legal Counsel
--------------------------------------------------------
Valyrian Machine LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Michigan, Southern Division, to hire
Maddin, Hauser, Roth & Heller PC to serve as legal counsel in its
Chapter 11 case.
Maddin Hauser will provide these services:
(a) advise the Debtor with respect to its rights, powers, and
duties as Debtor and Debtor-in-Possession in the continued
management and operation of its financial affairs and property;
(b) assist in the preparation of schedules and statement of
financial affairs;
(c) negotiate use of cash collateral with counsel for Choice One
Bank;
(d) assist in the preparation of First Day Motions and other
necessary motions and filings in Court;
(e) assist in the preparation of financial statements, balance
sheets, and business plans;
(f) attend meetings and negotiate with representatives of creditors
and other parties in interest;
(g) advise and consult with the Debtor regarding the conduct of
this case;
(h) advise the Debtor on matters relating to unexpired leases and
executory contracts, and any necessary court filings regarding
same;
(i) take necessary action to protect and preserve the Debtor's
estate;
(j) assist in formulating and prosecuting a plan of reorganization
and disclosure statement, and take necessary action on behalf of
the Debtor to obtain confirmation of a plan of reorganization;
(k) assist the Debtor in selling assets pursuant to §363 of the
Bankruptcy Code and draft agreements and court papers to accomplish
same;
(l) appear before the Court and the Office of the United States
Trustee, and protect the interests of the Debtor's bankruptcy
estate; and
(m) perform all other necessary or appropriate legal services and
provide necessary legal advice to the Debtor in connection with
this Chapter 11 case.
Maddin Hauser's hourly rates are: $520 for Julie B. Teicher, $455
for David M. Eisenberg, $475 for David T. Lin, and $325 for Alexis
Lauring. The Debtor paid no retainer but paid the filing fee of
$1,738.
Maddin Hauser 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:
Julie B. Teicher, Esq.
David M. Eisenberg, Esq.
MADDIN, HAUSER, ROTH & HELLER PC
One Towne Square, 5th Floor
Southfield, MI 48076
Telephone: (248) 354-4030
E-mail: deisenberg@maddinhauser.com
jteicher@maddinhauser.com
About Valyrian Machine
Valyrian Machine, LLC provides CNC machining and engineering
services, specializing in 5-axis milling for high-precision parts.
The Company, which acquired Euclid Machine in 2023, serves
businesses of all sizes with CNC-based precision machining, design,
and build capabilities across materials including aluminum, brass,
copper, plastics, stainless steel, steel, titanium, and specialty
alloys. Its operations combine experienced CNC machinists, a
full-time design engineer, and advanced ERP and CAD/CAM systems to
produce manufactured parts.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mich. Case No. 25-49284) on September
16, 2025, with $985,565 in total assets and $2,644,140 in total
liabilities as of September 15, 2025. Kris J. Surcek, sole member,
signed the petition.
Judge Paul R. Hage presides over the case.
Julie Beth Teicher, Esq., at Maddin, Hauser, Roth & Heller, P.C.,
is the Debtor's legal counsel.
ChoiceOne Bank, as secured lender, is represented by:
Sandra S. Hamilton, Esq.
Clark Hill, PLC
200 Ottawa Ave NW, Ste. 500
Grand Rapids, MI 49503
(616) 608-1141
bankruptcyfiling@clarkhill.com
VILLAGE HOMES OF FORT WORTH: Intends to File Chapter 11 Bankruptcy
------------------------------------------------------------------
The Business Press reports that Village Homes of Fort Worth
announced on October 1, 2025, that it will seek Chapter 11
protection, saying the process will provide a court-supervised path
to resolve ongoing disputes while preserving operations.
The company described the reorganization as a step to safeguard
business value, ensure stability for stakeholders, and position
itself to emerge quickly from bankruptcy, according to the report.
"This is not a decision we take lightly," said co-founder and
president Michael Dike. "Chapter 11 is the responsible way to
continue operations and preserve the value of the business while we
work through an issue that has materially impeded the company's
operations."
According to report, the dispute stems from a 2024 contract to sell
100 vacant lots, the company name, and related intellectual
property to a buyer as part of a planned rebrand and retirement for
one of Dike's original partners. After the buyer failed to close,
Village Homes terminated the agreement, then filed a declaratory
judgment lawsuit to confirm the termination. The buyer countersued
and placed a lis pendens on the lots, a move Dike said has
disrupted operations and relationships across the business. "We
entered this deal in good faith," he said. "My focus now has to be
on minimizing disruption and preserving the business so employees,
customers, trade partners, and lenders can count on continuity."
Dike stressed that the Chapter 11 filing is not driven by lenders
and that the company remains financially viable. He said Village
Homes intends to maintain payroll, keep operations running in the
ordinary course, and put forward a reorganization plan that pays
creditors in full. "We expect to move through this process quickly
and get back to what we do best -- building beautiful homes," he
added.
Company leaders and longtime partners have voiced support for the
restructuring. Janet Bishop, Village Homes' director of sales and
marketing, praised the company's craftsmanship and commitment to
Fort Worth communities. Worthington National Bank CEO Greg Morse, a
lender to Village Homes for over two decades, echoed that
sentiment, saying, "The owners have impeccable character. Tough
times don't last, but tough people do — and we look forward to
continuing our relationship with Village Homes in the future."
About Village Homes for Fort Worth
Village Homes for Fort Worth was established in 1996 and has grown
into a trusted homebuilder in Fort Worth, Texas, known for its
inspired designs and dedication to quality. With almost three
decades of experience, the company has fulfilled the dreams of over
1,500 homeowners while collaborating closely with the region’s
top architects, craftsmen, and vendors.
VIRGIN ORBIT: 3rd Cir. Rejects Bid to Revoke Plan Confirmation
--------------------------------------------------------------
Judges Thomas Hardiman, Paul Matey and Cindy Chung of the United
States Court of Appeals for the Third Circuit declined a bid to
revoke the confirmation order in the bankruptcy case of Virgin
Orbit, LLC.
The Third Circuit affirmed the judgment of the United States
District Court for the District of Delaware that upheld the
determination of the United States Bankruptcy Court for the
District of Delaware that Dr. Tamas Hampel did not meet his burden
to show that the confirmation order should be revoked under Sec.
1144 of the Bankruptcy Code because it was procured by fraud.
Virgin Orbit, LLC, a company that provided satellite launch
services, filed for Chapter 11 bankruptcy in April 2023. After
obtaining debtor-in-possession financing from Virgin Investments
Limited ("VIL"), Virgin Orbit's indirect parent and prepetition
senior secured lender, and setting bidding procedures under the
supervision of the Bankruptcy Court, Virgin Orbit sought to sell
substantially all its assets. Because efforts to sell the company
as a going concern were unsuccessful, the company separated its
assets into five groups. All but one group of assets sold at
auction to non-insider purchasers; after further negotiation, the
fifth group of assets sold to a non-insider who had made an
unsuccessful bid at auction. The Bankruptcy Court approved all five
sales. Remaining after these sales were a portion of the company's
intellectual property assets, for which the company could not find
any buyers willing to pay more than a de minimis value.
After the asset sales did not generate enough money to repay VIL's
DIP claim, VIL agreed to receive significantly less than full
repayment of its senior secured claims as part of a global
settlement that allowed a plan that would satisfy administrative
expenses and other priority claims and provide a small distribution
to holders of unsecured claims. As part of its recovery on its
allowed claim under the proposed plan, VIL obtained the remaining
IP assets. Equity interest holders, including the appellant, Dr.
Hampel, received nothing because their shares were cancelled. Dr.
Hampel did not object to the proposed plan, which the Bankruptcy
Court confirmed. No appeal was taken from the confirmation order.
Approximately five months after the Bankruptcy Court confirmed the
plan, Dr. Hampel filed his "notice of objection" to the
confirmation of the plan. Specifically, he asserted that the
cancellation of his 763,044 shares was procured by fraud because
VIL had received $3.7 billion in assets when it was awarded the
remaining IP assets. He sought revocation of the confirmation order
under 11 U.S.C. Sec. 1144. After holding a hearing, the Bankruptcy
Court denied Dr. Hampel's motion. The Bankruptcy Court concluded
that res judicata barred any arguments that Virgin Orbit did not
fairly or properly market and sell the assets. The Bankruptcy Court
further determined that Dr. Hampel had not met the test to show
that the confirmation order was procured by fraud. Among other
things, the Bankruptcy Court noted that the value of the IP assets
was determined by a fair and open sale process that revealed what
the market would pay.
Dr. Hampel filed a timely appeal to the District Court. He
submitted a brief, essentially arguing that the Bankruptcy Court
erred in denying his motion because Virgin Orbit misrepresented the
valuation of the IP assets and conducted the sales process in a way
that undervalued them. He also filed two motions for the District
Court to consider new evidence.
The District Court denied the motions to consider new evidence
(while also concluding that the proposed additional evidence was
not relevant to the question whether the confirmation order had
been procured by fraud). The District Court also agreed with the
Bankruptcy Court that Dr. Hampel did not meet his burden to show
that the confirmation order should be revoked under Sec. 1144 of
the Bankruptcy Code because it was procured by fraud. Dr. Hampel
filed a timely appeal.
The Circuit Judges agree that Dr. Hampel did not meet his burden to
show that the confirmation order should be revoked.
They conclude, "Dr. Hampel did not show that Virgin Orbit acted (or
omitted to act) with actual fraudulent intent so he was not
entitled to a revocation of the confirmation order. At essence, he
argued (and continues to argue) that Virgin Orbit committed fraud
because it did not treat the remaining IP assets as highly
valuable. But Virgin Orbit and the Bankruptcy Court were guided by
what the market would pay for the IP assets. Here, the Bankruptcy
Court had made findings about the fairness and openness of the sale
so the District Court could consider the market's valuation of the
IP assets. In short, neither we, nor the Bankruptcy Court nor the
District Court, can infer fraud from Dr. Hampel's belief that the
IP assets were or are worth more than what the market would bear.
For these reasons, we will affirm the District Court's judgment."
A copy of the Court's Opinion is available at
https://urlcurt.com/u?l=S4BH6i
About Virgin Orbit
Virgin Orbit Holdings, Inc (Nasdaq: VORB) --
http://www.virginorbit.com/-- operates one of the most flexible
and responsive space launch systems ever built. Founded by Sir
Richard Branson in 2017, the Company began commercial service in
2021, and has already delivered commercial, civil, national
security, and international satellites into orbit. Virgin Orbit's
LauncherOne rockets are designed and manufactured in Long Beach,
California, and are air-launched from a modified 747-400 carrier
aircraft that allows Virgin Orbit Holdings, Inc., to operate from
locations all over the world in order to best serve each customer's
needs.
Virgin Orbit Holdings, Inc., and its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case
No. 23-10405) on April 4, 2023.
In the petition filed by Daniel M. Hart, as chief executive, the
Debtor reported total assets amounting to $242,978,000 and total
debt amounting to $153,491,000 as of Sept. 30, 2022.
The Debtors tapped YOUNG CONAWAY STARGATT & TAYLOR, LLP, and LATHAM
& WATKINS LLP as counsel; DUCERA PARTNERS LLC as investment banker
and financial advisor; and ALVAREZ & MARSAL NORTH AMERICA LLC as
restructuring advisor. KROLL RESTRUCTURING ADMINISTRATION LLC is
the claims agent.
On July 31, 2023, the Court entered an Order confirming the
Debtors' Fifth Amended Joint Chapter 11 Plan.
VM CONSOLIDATED: Moody's Rates New $689MM 1st Lien Term Loan 'Ba2'
------------------------------------------------------------------
Moody's Ratings assigned a Ba2 rating to VM Consolidated, Inc.'s
(Verra Mobility) proposed $689 million backed senior secured
first-lien term loan B due 2032. All other ratings, including the
Ba3 corporate family rating, the Ba3-PD probability of default
rating, and B2 senior unsecured rating are unaffected. The outlook
remains unchanged at stable. Verra Mobility is a technology-enabled
services company providing toll, violation management, and title
and registration services for rental car and fleet management
companies and road safety cameras for municipalities.
Proceeds from the new term loan will be used to repay the company's
existing backed senior secured first lien term B loan due 2028.
Moody's will subsequently withdraw the rating for the existing term
loan at close of the transaction. Concurrent with the transaction,
the company will enter into a new five year asset-based lending
(ABL) facility with a $150 million borrowing base.
Moody's considers the transaction as credit positive because it
extends Verra Mobility's maturity profile and increases the
company's revolver borrowing capacity by $25 million with a $75
million accordion feature for future capacity if needed. The
transaction is neutral from a financial leverage perspective, as
such, there is no impact to existing ratings. Moody's views the
company's liquidity profile to be very good as indicated by the
speculative grade liquidity rating (SGL) of SGL-1.
RATINGS RATIONALE
Verra Mobility's Ba3 CFR is supported by the company's strong
credit metrics, including Moody's expectations for high EBITDA
margins over 40%, debt/EBITDA of 2.7x after expensing capitalized
software costs, interest coverage, as measured by EBITA to
interest, around 5x, and annual free cash flow of around $200
million over the next 12 to 18 months. The rating is also supported
by Moody's expectations for mid single-digit revenue growth over
the next 12 months and a very good liquidity profile. The company
has a modest revenue base, which Moody's expects will approach $925
million in 2025, with high customer concentration among its top
four clients. Moody's also considers the potential that the company
will engage in debt-funded acquisitions given the company is
currently operating below its public long-term net leverage target
of 3.0x relative to 2.2x at the twelve months ended June 30, 2025
(management's calculation). However, Moody's expects that
management will be disciplined in maintaining its public leverage
target within the context of its acquisition and share repurchase
strategy.
The SGL-1 speculative grade liquidity rating reflects Moody's
expectations that Verra Mobility will maintain a very good
liquidity profile. Liquidity is supported by Moody's anticipations
for strong free cash flow to debt in the 18% range over the next 12
to 18 months and the company's cash balance of $147.6 million as of
June 30, 2025. The company's new $150 million ABL facility
(unrated) is currently undrawn and its borrowing base capacity is
expected to be sufficient access the full capacity. The sole
financial covenant in the credit facility is for the ABL revolver
facility and is a springing minimum fixed charge coverage ratio of
1.0x, which is only tested if the availability under the ABL
facility falls below 10%. Moody's do not expect the covenant to be
triggered over next 12 months and, if it was triggered, the company
would be able to comply with a reasonable cushion. The company is
subject to a mandatory excess free cash flow prepayment determined
by a first-lien net leverage ratio test that Moody's expects will
exempt the company from an excess cash flow sweep in 2025.
The company's unrated ABL revolving credit facility has a priority
claim with respect to the current assets including accounts
receivable and inventory. The term loan is guaranteed by all
current and future material domestic subsidiaries of the borrower.
The senior secured first-lien term loan rating of Ba2, one notch
above the Ba3 CFR, is driven by the Ba3-PD PDR and its
first-priority lien position on non-ABL collateral and second-lien
position on accounts receivables and inventory; and, the benefit of
loss absorption provided by the $350 million senior unsecured
notes. The senior unsecured notes rating of B2, two notches below
the Ba3 CFR, is driven by the Ba3-PD PDR, and its first-loss
position relative to the $150 million ABL facility and $689 million
backed senior secured first-lien term loan obligation.
The stable rating outlook reflects Moody's expectations for revenue
and EBITDA growth with debt/EBITDA improving to 2.6x, EBITA to
interest above 5x, and free cash flow to debt rates sustained
around 18% during the next 12 to 18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
A ratings upgrade would require a significant expansion of Verra
Mobility's scale and revenue, and a material improvement in
customer diversity while sustaining revenue and earnings growth.
Additionally, Moody's would require the company maintain debt to
EBITDA below 3.0x, and adherence to a more conservative financial
policy by management.
The ratings could be downgraded if Moody's anticipates revenue
declines including a significant customer loss, EBITDA margins
decline substantially, free cash flow to debt falls below 10%, or
Moody's expects debt/EBITDA to be sustained above 4x. The adoption
of a more aggressive financial policy through excessive debt-funded
acquisitions, dividends or share repurchases could also lead to a
ratings downgrade.
The principal methodology used in this rating was Business and
Consumer Services published in November 2021.
Verra Mobility, (NASDAQ:VRRM), headquartered in Mesa, Arizona, is a
technology-enabled services company providing toll, violation
management, and title and registration services for rental car and
fleet management companies, road safety cameras for municipalities,
and commercial parking services and hardware. The company primarily
operates in North America. Moody's expects $925 million of revenue
in 2025.
VOLKE GROUP: Robert Handler Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 11 appointed Robert Handler of
Commercial Recovery Associates, LLC as Subchapter V trustee for
Volke Group Inc.
Mr. Handler will be paid an hourly fee of $450 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Handler declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Robert P. Handler
Commercial Recovery Associates, LLC
205 West Wacker Drive, Suite 918
Chicago, IL 60606
Tel: (312) 845-5001 x221
Email: rhandler@com-rec.com
About Volke Group Inc.
Volke Group Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-14863) on September
26, 2025, with $100,001 to $500,000 in assets and $50,001 to
$100,000 in liabilities.
Judge Janet S. Baer presides over the case.
Paul M. Bach, Esq., at Bach Law Offices and Alexander Tynkov, Esq.,
at Zalutsky & Pinski, Ltd. represent the Debtor as bankruptcy
counsel.
VORTEX OPCO: BlackRock FRA Marks $670,000 Loan at 57% Off
---------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $670,000 loan extended to Vortex Opco LLC to market at
$290,673 or 43% of the outstanding amount, as of June 30, 2025,
according to a disclosure contained in BlackRock FRA's Form N-CSR
for the Fiscal year ended June 30, 2025, filed with the Securities
and Exchange Commission.
BlackRock FRA is a participant in a Second out Term Loan to Vortex
Opco LLC. The loan accrues interest at a rate of 8.66% (3-mo. CME
Term SOFR at 0.50% floor+ 4.36%) per annum. The loan matures on
December 17, 2028.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
Vortex Opco LLC, is a new subsidiary created by United Site
Services Inc. to issue new debt, which includes $431 million in
first-lien, first-out debt, $1.66 billion of first-lien, second-out
term loans, and $125 million of first-lien, third-out 8% senior
secured notes. USS provides portable sanitation and related site
services.
VSBROOKS INC: Hires Milan Accounting LLC as Accountant
------------------------------------------------------
VSBROOKS, INC. seeks approval from the U.S. Bankruptcy Court for
the Southern District of Florida to hire Milan Accounting, LLC and
Jorge F. Milan to serve as accountant in its Chapter 11 Subchapter
V case.
The Accountant will provide these services:
(a) assistance with monthly accounting review;
(b) preparation of monthly operating reports and financial
statements; and
(c) tax preparations and filings.
Milan Accounting, LLC will invoice the Debtor on a monthly basis,
at the rate of $300 per hour not to exceed $1,200 per month. The
firm estimates the cost of services will not exceed $1,000 per
month.
Milan Accounting, 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:
Milan Accounting, LLC
3311 SW 108th Avenue
Miami, FL 33165
About VSBROOKS Inc.
VSBROOKS Inc., doing business as The 3rd Eye Creative Agency, is a
certified women-owned independent full-service marketing agency in
Miami specializing in health and wellness brands. With more than 25
years of experience, it focuses on generational healthcare
advertising, women's healthcare initiatives, multicultural audience
engagement and B2B growth within regulatory compliance.
VSBROOKS sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Fla. Case No. 25-18690) on July 29, 2025. In its
petition, the Debtor reported estimated assets between $500,000 and
$1 million and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Laurel M. Isicoff handles the case.
The Debtor is represented by Robert P Charbonneau, Esq. at AGENTIS
PLLC.
WAYPOINT ROOFING: Amends Unsecured Claims Pay Details
-----------------------------------------------------
Waypoint Roofing & Construction Inc., submitted an Amended Plan of
Reorganization for Small Business dated September 25, 2025.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $968,439.60. The final
Plan payment is expected to be paid on January 15, 2029.
The financial projections are based upon Debtor's current revenues
and expenses, incorporating projections based on changes Debtor is
making to its operating structure. In order to reduce overhead
Debtor surrendered the vehicle securing Claim 1 filed by TD Bank,
NA, and is rejecting the lease reflected in Claim 4 by DeLage
Landen Financial Services. Debtor has also reduced staff to
essential employees only and has cut back the hours of its office
manager and affiliate-officer April Elrod. While labor is paid as
employees, they are paid by square, tying that expense to revenue
(they are paid only for the work they do).
The Debtor has also entered into a joint venture with a company
that purchases roof packages from Debtor to install state-wide,
with compensation at cost (material and labor) + 10%, plus Debtor
receives an additional 15% of the total profit the entity makes on
the job. Higher than average hurricane activity could result in
Debtor being able to payoff all debt in one season.
This Plan of Reorganization proposes to pay creditors of the Debtor
from cash flow from operations.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 100 cents on the dollar. This Plan also provides
for the payment of administrative and priority claims.
Class 7 consists of All non-priority unsecured claims. Class 7
includes Claim 5 ($21,632.48), Claim 6 ($2,040.00), and the claim
of Titusville Playhouse, Inc. in the amount of $38,740.45 and it is
anticipated that Debtor will file a claim for ABC Supply Co. Inc.
in the amount of $101,314.66, for a class total of $163,727.59. If
confirmed under 1191(a) Debtor will make 60 payments of $2,728.80,
divided pro rata among the members of the class.
If confirmed under 1191(b) Debtor will dedicate its disposable
monthly income for a period of three years from the Effective Date.
While Debtor's financial projections anticipate that these claims
could be paid in full in that time, post-petition revenues have not
met expectations. Debtor anticipates an increase in revenues, and
roofing is historically slow until the rainy season starts. Debtor
will file post confirmation quarterly reports in the event the plan
is confirmed under 1191(b).
The equity interests of Michael Brandon Cogdill and April L. Elrod
will be unimpaired.
Antonio Hernandez-Tablas will surrender his equity interests in the
Debtor and any claims he has or may have against the Debtor in
exchange for the Debtor releasing any claims it may have against
him and resolving debts guaranteed by him.
The Debtor intends to implement the Plan by retaining the property
of the estate and continuing to operate. Debtor does not intend to
sell off any raw materials or equipment in order to fund the Plan.
In the event the metal manufacturing equipment ceases generating
profit, Debtor reserves the right to sell the equipment and use the
funds to fund the plan. Debtor anticipates that on the Effective
date of the Plan Debtor will have sufficient funds to pay the
administrative expenses, and the priority/secured tax claim of the
Brevard County Tax Collector (Claim 2).
A full-text copy of the Amended Plan dated September 25, 2025 is
available at https://urlcurt.com/u?l=XOk5sN from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Michael Faro, Esq.
Faro & Crowder, PA
700 N. Wickham Rd, Suite 205
Melbourne, FL 32935
Phone: (321) 784-8158
Email: mfaro@farolaw.com
About Waypoint Roofing & Construction
Waypoint Roofing & Construction Inc. filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-00874) on February 14, 2025.
Judge Tiffany P. Geyer presides over the case.
Michael Faro, Esq., at Faro & Crowder, PA, is the Debtor's legal
counsel.
WBI OPERATING: Fitch Assigns 'BB-' LongTerm IDR, Outlook Stable
---------------------------------------------------------------
Fitch Ratings has assigned a first-time Long-Term Issuer Default
Rating (IDR) of 'BB-' to WBI Operating LLC (WBI). The Rating
Outlook is Stable. Fitch rates WBI's proposed senior unsecured
notes 'BB-' with a Recovery Rating of 'RR4'.
WBI will primarily use note proceeds to repay debt at WaterBridge
Midstream Operating LLC (WATOPE; B+/Stable). Fitch expects to
withdraw WATOPE's ratings after the notes close and the rated term
loans are repaid.
The ratings reflect WBI's pro forma LTM 2Q25 EBITDA leverage of
about 3.7x and Fitch's forecast for leverage to remain below 4.0x.
WBI generates substantially over $300 million of EBITDA, a
threshold Fitch frequently uses to differentiate 'B+' and 'BB-'
companies. WBI generates cash flows from fixed-fee, volume-exposed
contracts in the water services midstream subsector. It has
significant geographic concentration and moderate counterparty
diversification.
Fitch has reviewed preliminary documentation for the notes and
expects no material changes in the final terms.
Key Rating Drivers
Upsized IPO Proceeds Drive Low Leverage: The additional cash
proceeds from the upsized WaterBridge IPO are being used refinance
the term loans at WATOPE with lower debt. Fitch calculates WBI's
post-refinancing pro forma LTM 2Q25 leverage around 3.7x, almost a
turn lower than WATOPE's leverage. WBI has a stated financial
policy targeting long-term consolidated net leverage below 3.0x.
Fitch expects WBI's low net leverage target supports Fitch's
forecast for gross EBITDA leverage to remain below 4.0x over the
forecast period.
Volumetric Exposure: WBI derives its revenue predominantly from
fixed-fee contracts. These contracts lack significant support from
minimum volume commitments (MVCs) that can protect cash flows if
production moves off the company's acreage dedications. Volumes are
supported by acreage dedications in the Delaware and Eagle Ford
Basins. While fixed-fee contracts provide protection from direct
commodity price exposure, volumes have indirect price risk if
drilling on dedicated acreage becomes uneconomic and customers
decide to move rigs elsewhere.
Delaware Basin Concentration: The company primarily focuses on a
single basin and lacks business-line diversity. WBI has outsized
sensitivity to a slowdown in Delaware basin production, as its
predecessor company WATOPE experienced in 2020. WBI benefits from
its moderate size, generating over $300 million EBITDA annually.
Fitch views size as an important metric, as operational diversity
provides flexibility during challenging economic cycles. WBI's
water asset footprint has scale within the Delaware basin, spanning
the northern and southern regions. Additionally, WBI has assets in
the Eagle Ford Basin in south Texas as well as the Arkoma basin in
Oklahoma.
Capex Growing: Fitch expects WBI's growth capex to be incrementally
higher in 2026 inclusive of the construction of the Speedway
Pipeline, which has sizable execution risk. Fitch views positively
WBI's recently completed construction related to its commercial
agreement with BPX, which is an unrated subsidiary of BP Plc
(A+/Stable). The BPX commercial agreements include a 10-year MVC,
with first volumes expected to flow in 3Q25.
Moderate Customer Diversification: WBI has a mix of roughly 40
customers, with around 50% rated investment grade. WBI does have
some customer concentration, generating about 51% of revenue from
its top five customers over 1H25. Most contracts are fixed fee with
CPI escalators, slightly offsetting inflation effects. WBI's
contract with Trinity Operating (USG) LLC (Trinity; not rated but a
subsidiary of NextEra Energy, Inc. [A-/Stable]) is an exception.
Peer Analysis
Deep Blue Operating I LLC (Deep Blue; BB-/Stable) is a close peer
of WBI. Deep Blue provides produced water disposal and supply water
services to producers in the Midland sub-basin of the Permian
Basin. WBI has moderate customer diversification, whereas Fitch
expects one of Deep Blue's sponsors, Diamondback Energy Inc. (FANG;
BBB+/Stable), to contribute around 90% of pro forma revenue. The
other sponsor is Five Point (not rated).
Fitch considers FANG's long-term history of supplying volumes to
several water companies as evidence that Deep Blue's volumetric
results will be more predictable than that of WBI's more
diversified customer base. Both companies are similar in size by
EBITDA generation. Fitch forecasts Deep Blue's leverage at around
3.2x by 2026, which is below Fitch's forecast for WBI.
NGL Energy Partners LP (NGL; B/Stable) is another relevant peer, as
its water solutions segment generates most of its EBITDA. NGL is
larger in size and scale with more business segments and geographic
diversification. WBI has lower leverage compared to NGL, supporting
the two-notch rating difference. Fitch expects NGL to deleverage to
around 5.5x by the fiscal YE 2027.
Key Assumptions
- Fitch's price deck applies a West Texas Intermediate (WTI) oil
price of $65 per barrel (bbl) in 2025, $60/bbl in 2026 and 2027,
and $57/bbl in 2028 and mid-cycle;
- The base interest rate on the revolving credit facility aligns
with Fitch's 'Global Economic Outlook': 4.25% for 2025, 3.25% for
2026, and 3.00% in 2027;
- High single-digit Delaware basin-produced water handling volume
growth yoy in 2026;
- Proposed senior unsecured offering closes in benchmark size;
- Fitch assumes a relatively small flow to Series A and OpCo Unit
holders in the forecast period;
- Capex in-line with management's expectations and includes
construction of Speedway Pipeline;
- No acquisitions or divestitures over forecast.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage expected to be sustained above 4.0;
- Material underrun to Fitch's volumetric expectations in the
Delaware Basin (trailing quarterly), except if caused by one-off
events;
- A significant event at a major customer that will probably impair
WBI's cash flow;
- A significant increase in capex targeted toward higher business
risk projects;
- Acquisition(s) that meaningfully increase business risk.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA leverage expected to be below 3.0x on a sustained basis;
- The contribution from minimum volume commitment contracts, as a
percentage of total EBITDA, significantly increases from current
levels.
Liquidity and Debt Structure
Fitch expects WBI to have adequate liquidity after the proposed
refinancing transaction. Fitch expects the new $500 million senior
secured revolving credit facility will be undrawn.
Issuer Profile
WBI is the operating subsidiary of WaterBridge Infrastructure LLC
which provides water services to oil and gas producers in the
Delaware Basin in West Texas and New Mexico, the Eagle Ford Basin
in South Texas and Arkoma Basin in Oklahoma.
Date of Relevant Committee
25-Sep-2025
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
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
----------- ------ --------
WBI Operating LLC LT IDR BB- New Rating
senior unsecured LT BB- New Rating RR4
WELLNESS PET: BlackRock FRA Marks $259,000 Loan at 26% Off
----------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $259,000 loan extended to Wellness Pet LLC to market at
$216,989or 84% of the outstanding amount, as of June 30, 2025,
according to a disclosure contained in BlackRock FRA's Form N-CSR
for the Fiscal year ended June 30, 2025, filed with the Securities
and Exchange Commission.
BlackRock FRA is a participant in a 2025 First out Exchange Term
Loan to Wellness Pet LLC. The loan accrues interest at a rate of
8.28% (3-mo. CME Term SOFR at 0.00% floor+ 3.95%) per annum. The
loan matures on December 31, 2029.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
Wellness Pet, LLC manufactures pet food. The Company offers natural
meals, treats, and dental chews that helps to maintain dental
health. Wellness Pet serves customers worldwide.
WELLNESS PET: BlackRock FRA Marks $259,000 Loan at 45% Off
----------------------------------------------------------
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA) has
marked its $259,000 loan extended to Wellness Pet LLC to market at
$216,989 or 55% of the outstanding amount, as of June 30, 2025,
according to a disclosure contained in BlackRock FRA's Form N-CSR
for the Fiscal year ended June 30, 2025, filed with the Securities
and Exchange Commission.
BlackRock FRA is a participant in a 2025 Second out Exchange Term
Loan to Wellness Pet LLC. The loan accrues interest at a rate of
8.28% (3-mo. CME Term SOFR at 0.75% floor+ 4.01%) per annum. The
loan matures on December 31, 2029.
BlackRock FRA under the Investment Company Act of 1940, as amended
(the 1940 Act), as closed-end management investment companies and
are referred to herein collectively as the Funds, or individually
as a Fund:
BlackRock FRA is led by John M. Perlowski, Chief Executive Officer
(principal executive officer); and Trent Walker, Chief Financial
Officer (principal financial officer).
The Fund can be reach through:
John M. Perlowski
BlackRock Floating Rate Income Strategies Fund, Inc. (FRA)
100 Bellevue Parkway
Wilmington, DE 19809
Telephone No.: (800) 882-0052
Wellness Pet, LLC manufactures pet food. The Company offers natural
meals, treats, and dental chews that helps to maintain dental
health. Wellness Pet serves customers worldwide.
WESTBANK HOLDINGS: Court Okays AKD's $3.3-Mil. Fee Application
--------------------------------------------------------------
Judge Meredith S. Grabill of the United States Bankruptcy Court for
the Eastern District of Louisiana approves Alvendia, Kelly &
Demarest, LLC's fee application in the amount of $3.3 million in
the bankruptcy case of Westbank Holdings, LLC. The Court abstains
from hearing Fishman Haygood, LLP's fee application pursuant to 28
U.S.C. Sec. 1334(c).
Before the Court are the following matters:
(i) The Final Fee Application of Fishman Haygood, LLP as
Counsel for the Liquidating Trust, filed by the law firm of Fishman
Haygood, LLP, and the objection to that fee application filed by
the law firm of Alvendia, Kelly & Demarest, LLC; and
(ii) The Final Fee Application of Alvendia Kelly & Demarest
LLC, and the objections to that fee application by Fishman Haygood,
and the Federal National Mortgage Association d/b/a/ Fannie Mae.
Before filing for chapter 11 bankruptcy relief, each of the Debtors
-- Westbank Holdings LLC, Cypress Park Apartments II LLC, Liberty
Park Apartments LLC, Forest Park Apartments LLC, Washington Place
LLC, and Riverview Apartments LLC -- served as a holding company
for multifamily apartment buildings and provided subsidized-rental
housing for low-income families in the greater New Orleans area.
Joshua Bruno acquired the properties in December 2014 and March
2018; Fannie Mae held notes and perfected mortgages and assignments
of leases and rents on the properties. Bruno served as the sole
managing member of those entities.
On Aug. 29, 2021, Hurricane Ida made landfall in Louisiana as a
Category 4 hurricane. On Oct. 27, 2021, on behalf of his closely
held holding companies, Bruno retained the affiliated law firms of
Alvendia, Kelly & Demarest, LLC, Glago Williams, LLC, and Irpino,
Avin & Hawkins on a contingency-fee basis to prosecute all
insurance claims held by those entities related to damages caused
by Hurricane Ida, related theft, and vandalism. On Jan. 27, 2022,
five of Bruno's affiliated entities filed chapter 11 petitions for
bankruptcy relief and, on Feb. 22, 2022, the sixth entity joined
the others in filing a chapter 11 petition.
On March 16, 2022, the Debtors' bankruptcy counsel filed an
application pursuant to 11 U.S.C. Secs. 327(e) and 328 to approve
J. Bart Kelly III and his law firm of Alvendia, Kelly & Demarest,
LLC ("AKD") as special counsel for the Debtors to allow AKD to
continue to pursue Hurricane Ida Claims on a contingency-fee basis.
Fannie Mae and the United States Trustee filed objections to the
Debtors' application and took issue with several terms of AKD's
prepetition retention agreement executed with Bruno that was
attached as an exhibit to the application. In its objection, Fannie
Mae asserted that the employment application was premature and
should be considered after the Court resolved Fannie Mae's motion
to appoint a chapter 11 trustee, which, at that time, was set for
trial in May 2022, two months later. Fannie Mae also objected on
the basis that AKD's claim to its contingency fee on recoveries
obtained prepetition gave way to an interest adverse to the Debtors
such that AKD could not be retained as special counsel under Sec.
327(e).
At the hearing on the matter on April 6, 2022, with significant
concessions made by the Debtors and AKD to the terms of AKD's
prepetition retention agreement -- including AKD's full waiver of
any claims to fees on prepetition recoveries obtained -- the UST
withdrew its objection entirely. Fannie Mae maintained its
prematurity objection. This Court overruled Fannie Mae's objection
and entered an Order on April 14, 2022, materially changing AKD's
prepetition retention agreement, approving the Debtors' retention
of AKD as special counsel under Sec. 327(e), and preapproving AKD's
compensation on a contingency-fee basis under Sec. 328, retroactive
to each Debtor's petition date.
After a four-day evidentiary hearing, on Aug. 1, 2022, the Court
issued a Memorandum Opinion and Order granting Fannie Mae's motion
to appoint a chapter 11 trustee and instructing the UST to appoint
a trustee to administer the Debtors' estates. On Aug. 5, 2022, the
Court issued an Order granting the UST's application to appoint
Dwayne M. Murray as the Chapter 11 Trustee in these cases. On Aug.
5, 2022, the Chapter 11 Trustee filed an application under Sec.
327(a) of the Bankruptcy Code to employ the law firm of Fishman
Haygood LLP to act as bankruptcy counsel.
On Jan. 16, 2023, AKD filed lawsuits on behalf of the two largest
Debtors, Westbank Holdings LLC and Cypress Park Apartments II LLC,
against several insurers to litigate Hurricane Ida Claims in the
24th Judicial District Court for the Parish of Jefferson,
Louisiana. On Jan. 25, 2023, the insurers removed the case from the
Louisiana state court to the United States District Court for the
Eastern District of Louisiana, where the cases were allotted to two
different sections of the District Court.
AKD's First Fee Application
On Sept. 8, 2023, the Chapter 11 Trustee, through Fishman Haygood
LLP as bankruptcy counsel, filed an application for compensation on
behalf of AKD, seeking to compensate AKD under the AKD Sec. 328
Order for pre-suit recovery of insurance proceeds in the amount of
$4,367,082.43 paid directly to the Chapter 11 Trustee in December
2022 in partial satisfaction of Hurricane Ida Claims. The Chapter
11 Trustee urged this Court to allow and disburse to AKD
$917,087.28 in attorney fees and $462,508.75 in expert costs, due
and payable now based on the recovery of insurance proceeds. On
Sept. 27, 2023, Fannie Mae filed an objection to the First Fee
App.
Fannie Mae argues AKD should wait until all of the claims had been
settled or reduced to judgment before receiving compensation.
Fannie Mae reasoned that Louisiana state law would eventually
govern a fee dispute between AKD and any other law firm that would
be engaged to prosecute the Hurricane Ida Claims in the future,
which would require "some court" to perform a quantum meruit
analysis to determine a fee split. Fannie Mae further urged this
Court to award AKD fees in line with other estate professionals,
whose employment orders were approved under Sec. 327 and allowed
for interim awards of 80% of requested fees with a 20% holdback
pending final fee approval. Emphasizing the fact that the Court
preapproved AKD's fees under Sec. 328, not Sec. 327, the Court
rejected Fannie Mae's arguments and awarded AKD all of the fees and
costs requested by the Chapter 11 Trustee in the First Fee App.
The Fee Applications
On March 13, 2025, Fishman Haygood filed its fee application in the
main bankruptcy case, citing 28 U.S.C. Sec. 1334 as the basis for
this Court's jurisdiction to consider the fee application. Fishman
Haygood attached invoices and a summary of expenses to its
application but cited no law or Order of this Court entitling it to
an award. AKD filed an objection to the Fishman Haygood Fee App.
On May 9, 2025, AKD filed its own fee application in the main case,
noting the AKD Sec. 328 Order and requesting $3,625,000 in fees
less a voluntary reduction of $325,000, for a final request of $3.3
million. Fishman Haygood filed an objection to the AKD Fee App,
attaching a copy of the post-Effective Date "Contingency Fee
Contract" executed on Oct. 23, 2023, whereby the Liquidating
Trustee retained Fishman Haygood to litigate the Hurricane Ida
Claims on a 27% contingency-fee basis.
At the beginning of these cases, this Court held a hearing to
consider the Debtors' request to retain AKD on a contingency-fee
basis, considered the objections raised by the UST and Fannie Mae,
assessed the reasonableness of the terms of AKD's proposed
employment, and preapproved AKD's compensation on the terms
memorialized in the AKD Sec. 328 Order. This Court is, therefore,
bound by In re ASARCO and the plain text of Sec. 328(a) and cannot
revisit AKD's compensation terms unless developments subsequent to
the original approval that were incapable of being anticipated
render the terms improvident.
The Liquidating Trust Advisory Board, the Chapter 11
Trustee/Liquidating Trustee, and Fishman Haygood were all well
aware of the AKD Sec. 328 Order and had worked closely with AKD
over the course of the Debtors' cases up to October 23, 2023, when
the Liquidating Trustee fired AKD at the instruction of the
Liquidating Trust Advisory Board and entered into a second,
post-Effective Date 27% contingency-fee agreement with Fishman
Haygood to prosecute the Hurricane Ida Claims. Just days prior to
the execution of that second contingency-fee agreement with Fishman
Haygood, the Court rejected Fannie Mae's Sec. 330 quantum meruit
arguments and enforced the AKD Sec. 328 Order as to AKD's First Fee
App. Nevertheless, the parties now point to "competing" contingency
fee contracts and this Court's Order of Feb. 26, 2025, approving
the unopposed 9019 Motion -- in which the Litigation Trustee and
the Litigation Trust Advisory Board purposefully reserved only one
27% contingency fee for payment of attorneys' fees -- and assert
that those conditions not only give the Court discretion to convert
the AKD Sec. 328 Order into one under Sec. 330, but require this
Court to apply a Louisiana law quantum meruit analysis to resolve
the dispute.
According to Judge Grabill, "The existence of Fishman Haygood's
contract, however, does not constitute a subsequent development
that was incapable of being anticipated at the time that the AKD
engagement was approved. Replacing counsel with new counsel to
pursue estate causes of action is entirely foreseeable."
The Court notes no party in this case alleges that any subsequent
developments that were incapable of being anticipated have occurred
and the Liquidating Trustee has represented that none have
occurred.
According to Judge Grabill, without a consensual amendment to the
AKD Sec. 328 Order or the presence of subsequent developments
incapable of being anticipated that would allow this Court to take
a second look at the reasonableness of AKD's preapproved
compensation under the AKD Sec. 328 Order, this Court's hands are
tied. Accordingly, the Court accepts AKD's voluntary fee reduction
in the amount of $325,000, and pursuant to Sec. 328 of the
Bankruptcy Code, the AKD Sec. 328 Order, and the terms of the
confirmed plan, overrules Fishman Haygood, LLP's and Fannie Mae's
objections to the AKD Fee App, and approves the AKD Fee App in the
amount of $3.3 million, payable by the Liquidating Trustee
immediately as an allowed administrative expense claim under the
terms of the confirmed plan.
A copy of the Court's Memorandum Opinion and Order is available at
https://urlcurt.com/u?l=1L9meh from PacerMonitor.com.
About Westbank Holdings
Westbank Holdings, LLC, is a New Orleans, La.-based company
primarily engaged in renting and leasing real estate properties.
Westbank Holdings and its affiliates filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code (Bankr. E.D. La.
Lead Case No. 22-10082) on Jan. 27, 2022. In its petition, Westbank
Holdings listed as much as $50 million in both assets and
liabilities. Joshua Bruno, manager, signed the petition.
Judge Meredith S. Grabill oversees the cases.
Frederick L. Bunol, Esq., at The Derbes Law Firm, LLC, Alvendia
Kelly & Demarest, LLC and G Rowland CPA & Associates, serve as the
Debtors' bankruptcy counsel, special counsel and accountant,
respectively. Richard W. Cryar, a partner at F M Reed Company, is
the Debtors' chief restructuring officer.
Dwayne M. Murray, the Chapter 11 trustee appointed in the Debtors'
cases, tapped Fishman Haygood, LLP as legal counsel and Patrick J.
Gros, CPA, as accountant.
WESTCHESTER 3148: Section 341(a) Meeting of Creditors on October 30
-------------------------------------------------------------------
On September 29, 2025, Westchester 3148 LLC filed Chapter 11
protection in the Southern District of New York. According to
court filing, the Debtor reports $1,230,540 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
30, 2025 at 02:00 PM at Zoom.us - USTrustee 6: Meeting ID 160 6479
0874, Passcode 6789012456, Phone 1 (202) 798-4458.
About Westchester 3148 LLC
Westchester 3148 LLC is a single-asset real estate debtor under 11
U.S.C. Section 101(51B), owns and operates a multi-family rental
property at 3148 Westchester Ave., Bronx, NY, valued at $1.1
million.
Westchester 3148 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-22921) on September
29, 2025. In its petition, the Debtor reports total assets of
$1,098,000 and total liabilities of $1,230,540.
Honorable Bankruptcy Judge Sean H. Lane handles the case.
The Debtor is represented by H. Bruce Bronson, Esq. of BRONSON LAW
OFFICES PC.
WHITEEAGLE PROPERTIES: Taps Mark J. Lazzo PA as Counsel
-------------------------------------------------------
Whiteeagle Properties 22 Corp. seeks approval from the U.S.
Bankruptcy Court for the District of Kansas to hire Mark J. Lazzo
of Mark J. Lazzo, P.A. to serve as legal counsel in its Chapter 11
case.
The firm will provide these services:
(a) preparing and presenting to the Court schedules;
(b) preparing a Plan;
(c) reviewing claims;
(d) negotiating with creditors;
(e) arranging and negotiating sales; and
(f) filing of adversary actions.
Mr. Lazzo will receive an hourly rate of $350, and Mr. Balbierz
will also receive an hourly rate of $350.
The firm received a $21,738 retainer, of which $1,738 was applied
to the Chapter 11 filing fee, leaving a $20,000 balance at the time
of filing.
According to court filings, Mark J. Lazzo, P.A. is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Mark J. Lazzo, Esq.
Justin T. Balbierz, Esq.
MARK J. LAZZO, P.A.
3500 N. Rock Road
Bldg. 300, Suite B
Wichita, KS 67226
Telephone: (316) 263-6895
E-mail: mark@lazzolaw.com
justin@lazzolaw.com
About Whiteeagle Properties 22 Corp.
Whiteeagle Properties 22 Corp. is a property company based in
Lindsborg, Kansas that operates in the real estate sector.
Whiteeagle Properties 22 Corp. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Kan. Case No.
25-10770) on July 28, 2025. In its petition, the Debtor reports
estimated assets up to $50,000 and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Mitchell L. Herren handles the case.
The Debtor is represented by Mark J. Lazzo, Esq. at Landmark Office
Park.
ZAHAV VENTURES: Lender Seeks to Prohibit Cash Collateral Access
---------------------------------------------------------------
U.S. Bank Trust National Association asks the U.S. Bankruptcy Court
for the Southern District of New York to prohibit Zahav Ventures,
LLC from using cash collateral.
The creditor claims a secured interest in both the real property
located at 2601 Jefferson Street, Baltimore, Maryland, and in any
rental income derived from that property, pursuant to a Commercial
Promissory Note and Deed of Trust, which includes an Assignment of
Rents provision.
U.S. Bank filed a proof of claim (Claim 6-1) on August 18 in the
amount of $229,115, with $58,945 in pre-petition arrears. The
monthly contractual payment is $1,550, including principal,
interest, and escrow.
According to U.S. Bank, the property is tenant-occupied and is
likely generating rental income, which qualifies as cash collateral
under the Bankruptcy Code. However, since the Debtor has not sought
court approval or the creditor's consent to use this income, U.S.
Bank argues that any use of such funds constitutes an unauthorized
and unlawful use of cash collateral. U.S. Bank is particularly
concerned that the Debtor may be using the funds for personal or
non-business-related expenses, which could further jeopardize the
estate's assets and creditor's secured position.
As a remedy, U.S. Bank asks the court to prohibit further use of
the cash collateral unless and until the Debtor obtains proper
court authorization. Additionally, it demands that the Debtor
provide adequate protection in the form of a regular monthly loan
payment of $1,550 and provide an accounting of all income generated
by the property from the bankruptcy filing date to present. U.S.
Bank also requests copies of all rental or lease agreements and
that any income be segregated into a separate debtor-in-possession
account.
The Debtor filed for Chapter 11 bankruptcy on June 17 but has not
filed a plan of reorganization or a motion to use cash collateral,
which is required under 11 U.S.C. section 363(c)(2) before any such
collateral can be lawfully used.
About Zahav Ventures LLC
Zahav Ventures LLC is involved in real estate-related activities.
Its principal asset is located in Baltimore, Maryland.
Zahav Ventures sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-22536) on June 17,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million.
Judge Sean H. Lane oversees the case.
The Debtor is represented by Kevin Nash, Esq., at Goldberg Weprin
Finkel Goldstein LLP.
[] Chapter 7 Filings Rose 15% from January to September 2025
------------------------------------------------------------
During the first nine months of 2025, 249,152 individual Chapter 7
bankruptcies were filed across the United States -- a 15 percent
increase from the 216,773 filings recorded during the same period
in 2024, according to data from Epiq AACER, a leading source for
U.S. bankruptcy statistics. The rise in filings signals growing
financial strain among individuals coping with higher living costs,
tightening credit, and lingering economic uncertainty.
Overall, total bankruptcy filings reached 423,053 during the first
three quarters of 2025, up 10 percent from 383,341 filings in the
prior year. Individual filings rose 11 percent to 399,387, compared
with 360,636 during the same period in 2024. Individual Chapter 13
filings, which allow debtors to reorganize and repay debts over
time, increased 4 percent year-over-year, from 143,240 to 149,337,
indicating a steady rise in repayment-based bankruptcies, according
to Epiq AACER.
Epiq AACER Vice President Michael Hunter noted that the September
data in particular underscored "the mounting financial pressure on
households nationwide." He pointed out that Chapter 7 filings
surged 19 percent year-over-year, while the growing number of
active Chapter 13 cases suggests that more consumers are turning to
bankruptcy as a means of financial recovery. Hunter added that this
upward trajectory is expected to persist and may accelerate into
2026 as economic headwinds continue.
On the business side, commercial bankruptcy filings totaled 23,666
through September 2025, a 4 percent increase from 22,705 during the
same period in 2024. Within this segment, small business filings
under Subchapter V of Chapter 11 grew 6 percent, from 1,669 to
1,764. However, commercial Chapter 11 filings declined 3 percent,
falling from 6,078 to 5,883, suggesting that fewer large businesses
pursued formal reorganizations compared with last 2024, the report
cites.
Amy Quackenboss, executive director of the American Bankruptcy
Institute (ABI), said the data reflects a gradual move toward
pre-pandemic bankruptcy activity levels. "With household debts
climbing, lending conditions tightening, and global instability
affecting supply chains, bankruptcies continue their rise," she
said. "For both families and businesses facing unmanageable debt,
the bankruptcy system provides a necessary financial lifeline."
In September 2025, bankruptcy filings rose across nearly every
category compared to the same month a year earlier. Commercial
filings increased 13 percent to 2,781 from 2,471 in 2024, while
commercial Chapter 11 filings rose 3 percent to 767. The number of
Subchapter V elections—used primarily by small businesses—saw a
substantial 40 percent increase, reaching 210 from 148 in the
previous year, the report states.
In total, September 2025 saw 49,182 bankruptcy filings, a 16
percent jump from 42,571 filings in September 2024. Individual
filings grew 16 percent, climbing to 46,401 from 40,100. Chapter 7
filings rose 19 percent to 28,772, while Chapter 13 filings
increased 10 percent to 17,533. The continued rise in filings
across all major categories suggests that both consumers and
businesses are struggling to manage rising debt burdens amid
ongoing economic pressures, the report relays.
[] Large Bankruptcy Cases Filing Rise in Northern Texas
-------------------------------------------------------
Dietrich Knauth of Reuters reports that a growing share of large
U.S. bankruptcy cases are landing in Dallas and Fort Worth, with
the Northern District of Texas emerging as one of the busiest
jurisdictions in the nation. Over the past year, the court has
surpassed those in New York and New Jersey, long-time hubs for
major bankruptcy filings.
According to a report released September 24, 2025, by Cornerstone
Research, the Northern District of Texas ranked as the third-most
active court for large business bankruptcies between July 2024 and
June 2025. The court handled 7% of all cases involving more than
$100 million in assets, a sharp increase that underscores its
growing importance in high-value corporate restructurings.
Major companies including Hooters of America and Genesis Healthcare
turned to the Dallas-Fort Worth courts for bankruptcy protection
during the period studied. The trend has continued in recent
months, with September filings from subprime auto lender Tricolor
and CVS-owned pharmacy provider Omnicare adding to the district's
caseload. Meanwhile, the Southern District of New York and the
District of New Jersey each accounted for just 4% of large filings,
marking the first time since 2012 that Texas has broken into the
top three, according to Reuters.
Despite the surge in Dallas and Fort Worth, Delaware and Houston
remain the leading destinations for big cases. The District of
Delaware captured 40% of large bankruptcies during the same period,
while the Southern District of Texas accounted for 24%. Overall,
filings involving $100 million or more in assets remained steady
year-over-year, with 117 cases compared to 113 in the prior twelve
months. However, billion-dollar bankruptcies spiked to 32 cases
from 24 the year before, the report states.
Some of the largest filings included Sunnova Energy ($13.4 billion
in assets), Spirit Airlines ($9.5 billion), Wolfspeed ($7.6
billion), Azul S.A. ($4.5 billion), and Big Lots ($3.2 billion).
Companies pointed to inflation, tariffs, shifts in federal energy
policy, and heightened competition as drivers of financial
distress. Among them, several green energy firms such as Global
Clean Energy, SunPower Corp., and Mosaic Sustainable Finance Corp.
filed for bankruptcy, while tariff-related pressures were cited by
retailers Forever21 and At Home, as well as automotive parts
supplier Marelli, the report relays.
*********
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.
*********
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Troubled Company Reporter is a daily newsletter co-published
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Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN: 1520-9474.
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*** End of Transmission ***