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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, December 1, 2025, Vol. 29, No. 334
Headlines
202-204 OCEAN: Seeks to Hire Estelle Miller CPA as Accountant
23ANDME HOLDINGS: Bankruptcy Plan Wins Approval After Breach Deals
23ANDME: Landlord's Objections to Plan Confirmation Overruled
2507 WOODBROOK: Seeks to Hire Gary S. Poretsky as Counsel
384 WASHINGTON: Seeks Chapter 7 Bankruptcy in Massachusetts
6201 ROBINSON: Seeks Chapter 11 Bankruptcy in Kansas
9 CROSBY: Seeks Cash Collateral Access
A PLUS HOME: Seeks Chapter 7 Bankruptcy in Louisiana
A.B. INTERNATIONAL: Retains Kamini Fox PLLC as Legal Counsel
ADELAIDA CELLARS: Employs FBA Capital LLC as Merger Consultant
ADVANS IT: Seeks Chapter 7 Bankruptcy in Massachusetts
AEROFAB INDUSTRIES: Gets Interim OK to Use Cash Collateral
AG RECYCLING: Seeks Cash Collateral Access
AGI SOURCING: Amends Unsecureds & AGI Critical Vendors Claims Pay
AIM TO INSPIRE: Seeks Chapter 7 Bankruptcy in Maryland
ALGORHYTHM HOLDINGS: Jay B. Foreman Steps Down from Board
ALL SOD NURSERY: Gets Interim OK to Use Cash Collateral
ALTA LOMA: Taps the Law Office of W. Derek May as Counsel
AMBIPAR EMERGENCY: Hires Ordinary Course Professionals
AMBIPAR EMERGENCY: Hires Quinn Emanuel as Counsel to the Board
AMBIPAR EMERGENCY: Hires Simpson Thacher & Bartlett as Counsel
AMBIPAR EMERGENCY: Seeks to Hire Gray Reed as Co-Counsel
AMERICAN PAVING: Section 341(a) Meeting of Creditors on Dec. 17
AMERICAN SIGNATURE: Dec. 1 Deadline for Panel Questionnaires
ANNALEE DOLLS: Court Extends Cash Collateral Access to Dec. 31
BAND OF CODERS: Hires Rountree Leitman Klein as Counsel
BARRACUDA PARENT: Blue Owl Marks $22.8MM 1L Loan at 17% Off
BARRACUDA PARENT: Blue Owl Marks $55.8MM 2L Loan at 24% Off
BELLAVIVA AT WHISPERING: U.S. Trustee Unable to Appoint Committee
BELLE MEADE: Hires Law Offices of Scott Alan Orth as Counsel
BELLEROSE TERRACE: Hires Van Dam Law LLP as Counsel
BK & MK LLC: Seeks Subchapter V Bankruptcy in Illinois
BLACKBEARD MARINE: Trustee Hires Luke Homen Law as Counsel
BLACKSTONE CLAIM: Eric Terry Named Subchapter V Trustee
BLOCK COMMUNICATIONS: S&P Downgrades ICR to 'B', Outlook Negative
BLOCK INC: Moody's Upgrades CFR to Ba1, Alters Outlook to Stable
BLUE BANK: Seeks to Hire Beaman & Bennington as Legal Counsel
BRENT COPELAND: Seeks Chapter 7 Bankruptcy in Illinois
BRUNELLO REALTY: Hires Law Firm of Nicholas B. Bangos as Counsel
BRUNELLO REALTY: Hires Tosi Real Estate as Real Estate Broker
BUCKINGHAM SENIOR: Gets Interim OK for DIP Financing From UMB
BUILT LLC: Seeks Cash Collateral Access
CADUCEUS PHYSICIANS: Unsecureds Will Get 1.3% in Liquidating Plan
CALIFORNIA PREMIER: Unsecureds Owed 10K+ to Get 14.65% in 36 Months
CAPITOL STREET: Gets Final OK to Use Cash Collateral
CARDON SALES: Seeks Chapter 7 Bankruptcy in Louisiana
CARHAVEN INC: Section 341(a) Meeting of Creditors on Dec. 31
CARING FOR YOU: Hires Tydings & Rosenberg as Special Counsel
CARZONE AND AUTO: Hires Nathaniel J. Webb III as Legal Counsel
CASTILLO GRAND: Employs GrayRobinson P.A. as Special Counsel
CDR TRANS: Court Orders Appointment of Chapter 11 Trustee
CEMTREX INC: Signs Agreement to Acquire Invocon in $7MM Deal
CENTRAL JUNCTION: Hires Marcus D. Ward PLLC as Legal Counsel
CFN ENTERPRISES: Reports $433,796 Net Loss in 2025 Q3
CHAINCE DIGITAL: Institutional Holdings Expand After Rebrand
CHARLIE'S HOLDINGS: Reports $624,000 Net Income in 2025 Q3
CHESAPEAKE HOME: Seeks Subchapter V Bankruptcy in Maryland
CIPHER COMPUTE: Fitch Assigns 'BB-' LongTerm IDR, Outlook Stable
CITY PARK: Files Amendment to Disclosure Statement
CLA GENERAL: Seeks Chapter 7 Bankruptcy in Massachusetts
CLEAN ENERGY: Reports $2.1 Million Net Loss in 2025 Q3
COCOS MARISCOS: Hires Neeleman Law Group PC as Counsel
CONKLIN MEDIA: Files Emergency Bid to Use Cash Collateral
CONKLIN MEDIA: Leona Mogavero Named Subchapter V Trustee
CREATIVE REALITIES: Completes Series A Financing with North Run
CROWN CARS: Seeks Subchapter V Bankruptcy in Illinois
CRS SERVICES: Files Emergency Bid to Use Cash Collateral
CUENTAS INC: Yarel + Partners Raises Going Concern Doubt
CVR ENERGY: Fitch Affirms 'B+' IDR, Outlook Stable
CVR ENERGY: Moody's Affirms 'B2' CFR & Alters Outlook to Stable
CYTOPHIL INC: Unsecured Creditors to Split $1M over 10 Years
DANPOWER64 LLC: Amends Unsecured Claims Pay Details
DDJ INC: Seeks to Use Cash Collateral
DELTA ABSORBENTS: Hires Crown Appraisals Inc. as Appraiser
DODGE CONSTRUCTION: Blue Owl Marks $6MM 1L Loan at 18% Off
ENVELOPE 1 INC: Seeks Cash Collateral Access
EUCLID REALTY: Hires Martin Law Group P.C. as Counsel
FIRST ADVANTAGE: Moody's Alters Outlook on 'B1' CFR to Stable
FIRST BRANDS: UMB Bank Seeks Chapter 11 Trustee Appointment
FIRST BRANDS: US Trustee to Update Court on Examiner Appointment
FOREST GOOD: Court OKs Restaurant Biz Sale to Chow F&B
FXI HOLDINGS: Moody's Alters Outlook on 'Caa3' CFR to Stable
FXI HOLDINGS: S&P Upgrades ICR to 'CCC', Outlook Negative
GEC TRANSPORT: Gets Final Approval to Use Cash Collateral
GRACE BAPTIST: Seeks to Hire Kiem Law PLLC as Counsel
GREAT CANADIAN GAMING: S&P Alters Outlook to Neg, Affirms 'B-' ICR
GREAT LAKES IX: S&P Assigns Prelim BB- (sf) Rating on Cl. E Notes
GREENWAVE TECHNOLOGY: Nasdaq Grants Stay Through Jan. 13 Hearing
GREENWAVE TECHNOLOGY: Reports $7.7MM Net Loss in 2025 Q1
GRIT PRODUCTIONS: Gets Interim OK to Use Cash Collateral
GROFF TRACTOR: Court OKs Continued Cash Collateral Access
HANNA JESIONOWSKA: Hires Martin Tax Group as Accountant
HANSEN-MUELLER: Seeks to Use Cash Collateral
HARVEST SHERWOOD: Butterball Out as Committee Member
HEALTHLYNKED CORP: Reports $851,800 Net Loss in 2025 Q3
HEART 2 HEART: Quality of Care Maintained, 4th PCO Report Says
HESS MIDSTREAM: Moody's Ups Rating on Senior Unsecured Notes to Ba1
HILLSIDE APARTMENTS: Case Summary & Six Unsecured Creditors
HRZN INC: Seeks Cash Collateral Access
HUDSON 1701/1706: U.S. Trustee Appoints Creditors' Committee
I.G GENERAL: Seeks Chapter 7 Bankruptcy in Illinois
INFINITE GROUP: M&K CPAs Replaces Freed Maxick P.C. as Auditor
INNOVATIVE PLUMBING: Hires Bush Law Firm LLC as Counsel
INSIGHT ENTERPRISES: S&P Affirms 'BB+' ICR Despite Rising Leverage
INTERNATIONAL LAND: Widens Net Loss to $2.2MM in 2025 Q3
JACKS DONUTS: U.S. Trustee Appoints Creditors' Committee
JAGUAR HEALTH: Amends Royalty Agreements & Extends Note Maturity
JAMES MILLER: Seeks Cash Collateral Access
JAY4 INC: Seeks Cash Collateral Access
JHW PLUMBING: Seeks to Use Cash Collateral
JL HARRIS: Seeks Chapter 7 Bankruptcy in Illinois
JRCP RESTAURANTS: Tom Howley Named Subchapter V Trustee
JVL COMPANY: Nicole Nigrelli Named Subchapter V Trustee
KEESTONE PROPERTIES: No Supply Concerns, PCO Report Says
KENNEDY CONSTRUCTION: Gets Extension to Access Cash Collateral
KLEOPATRA FINCO: U.S. Trustee Disbands Creditors Committee
LANDMARK RECOVERY: No Patient Care Concern, 1st PCO Report Says
LORDON ENTERPRISES: Court OKs Deal on Cash Collateral Access
LUGANO DIAMONDS: U.S. Trustee Appoints Creditors' Committee
MACHIKO MANAGEMENT: Taps Shaw & Hanover PC as General Counsel
MARELLI AUTOMOTIVE: Taps Brian Worrell as Financial Consultant
MAXIMIZED RESTORATION: Seeks Chapter 7 Bankruptcy in Illinois
MCCALLSON TAX: Seeks Chapter 11 Bankruptcy in Kansas
MCHUGH JUNK: Seeks Chapter 11 Bankruptcy in Massachusetts
MEDLINE BORROWER: S&P Affirms 'BB-' ICR, On CreditWatch Positive
MI WINDOWS: S&P Alters Outlook to Negative, Affirms 'B+' ICR
MIL 21 E: Seeks Chapter 7 Bankruptcy in Massachusetts
MIM LANDSCAPE: Section 341(a) Meeting of Creditors on Dec. 23
MONUMENT ACADEMY: S&P Assigns 'BB' Long-Term ICR, Outlook Negative
MUNDO EDITORIAL: Court Bars Access to Cash Collateral
MYELLA INC: Gets Final OK to Use Cash Collateral
NEED SPACE: Hires Marcus D. Ward PLLC as Legal Counsel
NEIGHBORHOOD HANDYMAN: Seeks Chapter 7 Bankruptcy in Illinois
NEW FORTRESS: Extends Letter of Credit Maturity to March 2026
NICKLAUS COMPANIES: Deadline for Panel Questionnaires Set for Dec 1
NIGHTFOOD HOLDINGS: Widens Net Loss to $3.7MM in 2026 Q1
NORCOLD LLC: Retains Hilco Corporate Finance as Investment Banker
NORCOLD LLC: Seeks to Hire Stretto Inc. as Administrative Advisor
NU-CAST STEP: Livonia Appeal Tossed for Lack of Jurisdiction
NYC ALPHA: Seeks Cash Collateral Access
ODYSSEY LOGISTICS: Moody's Cuts CFR to Caa1, Outlook Stable
OFFICE PROPERTIES: Hires Latham & Watkins as Bankruptcy Co-Counsel
OFFICE PROPERTIES: Retains AP Services as Restructuring Officer
OFFICE PROPERTIES: Retains Quinn Emanuel Urquhart as Counsel
OFFICE PROPERTIES: Retains Sullivan & Worcester as Special Counsel
OFFICE PROPERTIES: Taps Hunton Andrews Kurth LLP as Co-Counsel
OLD FASHION: Seeks to Use Cash Collateral
OLD STONE: Unsecured Creditors to Split $180K over 60 Months
OLIVER CORNERS: Files Emergency Bid to Use Cash Collateral
OMNICARE LLC: Committee Hires Dundon Advisers as Financial Advisor
OMNICARE LLC: Committee Hires Vartabedian Hester as Co-Counsel
OMNICARE LLC: Committee Taps Huron Consulting as Financial Advisor
OMNICARE LLC: Seeks to Hire KPMG LLP as Analyst
ONTARIO GAMING: S&P Alters Outlook to Negative, Affirms 'B-' ICR
ORIGINCLEAR INC: Reports $3.3 Million Net Loss in 2025 Q3
OUT THE GATE: U.S. Trustee Appoints Creditors' Committee
PARKERVISION INC: Raises $3.46MM via Registered Direct Offering
PAULAZ ENTERPRISES: Amends Administrative & Priority Tax Claims
PEGRUM CREEK: Claims to be Paid from Asset Sale Proceeds
PERATON CORP: Blue Owl Marks $84.5MM 2L Loan at 41% Off
PINE GATE: Employs Hunton Andrews Kurth as Bankruptcy Co-Counsel
PINE GATE: To Hire Lazard Freres & Co. LLC as Investment Banker
POLAR POWER: Swings to $4.1M Q3 Net Loss, Delinquent in Rent
POWER RIG: Seeks Chapter 7 Bankruptcy in Louisiana
PRIMO WATER: Faces Securities Class Action Lawsuit
PROGRESSIVE STEPS: Seeks Chapter 7 Bankruptcy in Maryland
PROSPECT MEDICAL: Court OKs Additional DIP Loan From MPT
PROSPECT MEDICAL: Waterbury Hospital Sale to UCHCFC Waterbury OK'd
PURCELL HOLDINGS: Seeks Chapter 11 Bankruptcy in Maryland
PURE BIOSCIENCE: Appoints Jeffrey Kitchell as President
PYRAMID HOUSE: Leo Congeni Named Subchapter V Trustee
QHSLAB INC: Retires Convertible Notes, Strengthens Balance Sheet
RANAL INC: Seeks Chapter 7 Bankruptcy in Illinois
RAZZOO'S INC: Committee Hires Dykema Gossett as Counsel
REBORN COFFEE: Widens Net Loss $3.4 Million in 2025 Q3
RITE AID: Bankruptcy Nears Close as DOJ Settlement Looms
ROADRUNNER SCOOTERS: Mark Dennis Named Subchapter V Trustee
RUNITONETIME LLC: Court OKs Casino Assets Sale to Multiple Buyers
RUNITONETIME LLC: Court OKs Casino Assets Sale to TIL Gaming
S & S SERVICES: Files Emergency Bid to Use Cash Collateral
SANDISK CORP: Fitch Affirms BB LongTerm IDR, Outlook Stable
SCRIPPS TWO: Seeks to Use $96,500 of Cash Collateral
SERRA GAUCHA: Dawn Maguire Named Subchapter V Trustee
SHERLAND & FARRINGTON: Seeks to Use Cash Collateral
SHIELD NURSING: No Resident Complaints, Ombudsman Report Says
SIEPSER PROPERTIES: U.S. Trustee Unable to Appoint Committee
SILVERLINE MECHANICAL: Hires Ritter Spencer Cheng PLLC as Counsel
SLEEP COUNTRY: DBRS Confirms BB Issuer Rating
SNARK 66: Seeks Chapter 7 Bankruptcy in Illinois
SOLANA COMPANY: Posts $352.8MM Q3 Loss; Lifts Going Concern Doubt
SPAC RECOVERY: Hires Motor City Law as Special Litigation Counsel
SPEEDCAST HOLDINGS III: S&P Places 'B-' ICR on Watch Positive
SPLASH BEVERAGE: Widens Net Loss to $9.9 Million in 2025 Q3
ST. AUGUSTINE FOOT: Hires William G. Haeberle as Accountant
STONEPEAK TAURUS: Moody's Cuts CFR to B3 & Alters Outlook to Stable
STRUNZ MILK: Gets Interim OK to Use Cash Collateral
SUITECENTRIC LLC: Unsecureds Will Get 100% of Claims in Plan
SURGERY CENTER: Gets Final Approval to Use Cash Collateral
TAPESTRY CHARTER SCHOOL: S&P Affirms 'BB+' Rating on 2017A/B Bonds
TAPS RANCH II: Gets Interim OK to Use Cash Collateral Until Dec. 31
TECHNICAL ARTS: Gets Interim OK to Use Cash Collateral
TECHNICAL ARTS: Hires CohnReznick Advisory as Financial Advisor
TIBERTI COMPANY: Claims to be Paid From Future Operations
TRICORBRAUN HOLDINGS: Moody's Alters Outlook on B3 CFR to Negative
TRILLION ENERGY: To Issue 3.57M Shares to Settle Consultant Debt
TRINSEO PLC: S&P Downgrades ICR to 'CCC', Outlook Negative
TRUST CONSTRUCTION: Seeks Chapter 7 Bankruptcy in Massachusetts
TWISTED SKY: Files Emergency Bid to Use Cash Collateral
UMAMAHESH LLC: Seeks to Tap Mullin Hoard & Brown as Counsel
UNIQUE THIRD: Retains Backenroth Frankel & Krinsky as Counsel
VERMONT AUS: Blue Owl Marks AUD$12.8MM 1L Loan at 34% Off
VISTRA CORP: Moody's Affirms 'Ba1' CFR & Alters Outlook to Positive
VIVAKOR INC: ClearThink Converts $323,000 Note to 3.9MM Shares
VIVAKOR INC: J.J. Astor Converts $300,000 Note to 4MM Shares
VIVAKOR INC: Widens Net Loss to $54.4 Million in 2025 Q3
WILLIAMS TREE: Unsecureds to Get Share of Income for 5 Years
WINDTREE THERAPEUTICS: Widens Net Loss to $28.1 Million in 2025 Q3
WKH LLC: Hires Law Offices of Gary S. Poretsky as Legal Counsel
XCEL BRANDS: Reports $8 Million Net Loss in 2025 Q3
YELLOW CORP: Reaches Pension-Plan Deals in Ongoing Ch. 11 Case
ZUUM TRANSPORTATION: U.S. Trustee Appoints Creditors' Committee
*********
202-204 OCEAN: Seeks to Hire Estelle Miller CPA as Accountant
-------------------------------------------------------------
202-204 Ocean Ave Holdings LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of New York to employ
Estelle Miller as accountant.
Ms. Miller will provide these services:
(a) gather and verify all pertinent information required to
compile and prepare monthly operating reports;
(b) prepare, review, and file monthly operating reports for
the Debtor during the course of the bankruptcy case.
Ms. Miller will bill at a rate of $300 per report. The Debtor has
paid an initial retainer of $3,000 from 8808 Liberty Ave Holdings
LLC.
According to court filings, Estelle Miller, CPA does not hold or
represent any adverse interest to the estate and is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The accountant can be reached at:
Estelle Miller
Certified Public Accountant
1620 Ocean Ave Suite 1A
Brooklyn, NY 11230
Telephone: (347) 570-7002
E-mail: estellemillercpa@gmail.com
About 202-204 Ocean Ave Holdings LLC
202-204 Ocean Ave Holdings LLC filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y.
Case No. 25-42218) on May 8, 2025, listing up to $50,000 in assets
and $1,000,001 to $10 million in liabilities.
Judge Nancy Hershey Lord presides over the case.
Alla Kachan, Esq. at Law Offices Of Alla Kachan P.C. represents the
Debtor as counsel.
23ANDME HOLDINGS: Bankruptcy Plan Wins Approval After Breach Deals
------------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that 23andMe, the
DNA testing company hit by a massive data breach, obtained approval
Wednesday, November 26, 2025, for a bankruptcy plan that includes
up to $62 million in settlements to compensate affected customers.
Judge Brian C. Walsh of the Eastern District of Missouri approved
the plan after dismissing the bulk of creditor objections and
pushback from breach victims, noting that several issues raised
were either no longer relevant or not yet ripe for consideration,
according to report.
Many former customers who filed objections did not participate in
the court hearing. Meanwhile, concerns raised by the Justice
Department’s bankruptcy watchdog and a coalition of state
attorneys general were resolved prior to confirmation, the report
states.
About 23andMe Holding Co.
23andMe Holding Co. is a genetics-led consumer healthcare and
biotechnology company in San Francisco, Calif. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe and 11 affiliated debtors each filed a
voluntary petition for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mo. Lead Case No. 25-40976). 23andMe
disclosed $277,422,000 in total assets against $214,702,000 in
total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Morgan, Lewis &
Bockius, LLP and Carmody MacDonald, PC serve as legal counsel to
the Debtors while Alvarez & Marsal North America, LLC serve as the
restructuring advisor. The Debtors tapped Reevemark, LLC and Scale
Strategy Operations, LLC as communications advisors and Kroll
Restructuring Administration Services, LLC as claims agent.
Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter LLP serve
as special local counsel, investment banker, and legal advisor to
the Special Committee of 23andMe's Board of Directors,
respectively.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Debtors'
Chapter 11 cases. The committee tapped Kelley Drye & Warren, LLP
and Stinson, LLP as legal counsel and FTI Consulting, Inc. as
financial advisor.
23ANDME: Landlord's Objections to Plan Confirmation Overruled
-------------------------------------------------------------
Judge Brian C. Walsh of the United States Bankruptcy Court for the
Eastern District of Missouri overruled KR OP Tech, LLC's objections
to the confirmation of the Fourth Amended Joint Plan of Chrome
Holding Co. and its debtor affiliates pursuant to Chapter 11 of the
Bankruptcy Code.
Debtor ChromeCo, Inc., formerly known as 23andMe, Inc., sold its
assets under Section 363 of the Bankruptcy Code earlier in this
case. It then rejected its lease of a building in San Francisco
owned by KR OP Tech, LLC, which filed a proof of claim for
rejection damages of approximately $9.7 million.
The Landlord objects to confirmation of the Plan on three principal
grounds. First, it argues that Section 502(b)(6) should not operate
to cap a landlord's claim for rejection damages if the debtor is
solvent. Second, the Landlord argues that the Plan violates the
best-interests-of-creditors test of 11 U.S.C. Sec. 1129(a)(7)
because the Landlord would recover more in a hypothetical Chapter 7
liquidation than it will under the Plan. And third, the Landlord
argues that the Plan indirectly discharges its debt even though the
Debtor is not eligible for a discharge.
Judge Walsh explains, "The Debtor has classified the Landlord's
class as impaired, apparently because of uncertainty about whether
and when the claims of unsecured creditors may be paid in full. But
in a case involving fewer creditors and a debtor that is
unquestionably solvent, the debtor might classify a landlord
separately, commit to paying its capped claim in full upon plan
confirmation, and thus treat the landlord as unimpaired. The
landlord in that hypothetical case, with an obviously solvent
debtor, would not be able to invoke the best-interests test, while
the Landlord in this case, with a potentially solvent debtor,
claims that the best-interests test requires payment of its claim
in full, without regard to the cap. That is an absurd result."
The Landlord takes issue with language providing that all creditors
are bound by the Plan and that the Debtor's assets will vest in the
Plan Administration Trust free and clear of creditors' claims. This
language does not enjoin the Landlord from commencing or continuing
an action to recover from the Debtor, which is what a discharge
would do. But the Landlord contends that it has the same effect
and, moreover, that it is inconsistent with Sections 1141(a) and
(c) of the Bankruptcy Code. Because Section 1141(d)(3) is the Code
provision that denies a discharge to a liquidating corporate
debtor, the Landlord argues that such a debtor cannot bind
creditors to the terms of a plan or have its assets emerge from
Chapter 11 free and clear of claims.
According to Judge Walsh, "But if the Landlord's interpretation of
Section 1141 were correct, there would be little -- perhaps nothing
-- for a liquidating debtor to gain from confirmation of a plan,
because creditors could ignore the plan and pick the debtor's
assets apart at will. If this were the result that Congress
intended, it would have been simpler for it to preclude liquidating
corporations from confirming Chapter 11 plans in the first place."
The Landlord also objects to eight provisions of the plan that, in
its view, attempt to deem its rejection-damages claim to be fully
satisfied, purport to impose on the Landlord a settlement to which
it has not agreed, or otherwise are inconsistent with the lack of a
discharge for a liquidating corporate debtor.
At the confirmation hearing, the Landlord argued that the Plan does
not comply with the absolute-priority rule of Section 1129(b)(2)(B)
of the Bankruptcy Code because it does not specifically adopt one
of the two options set forth there: payment in full of allowed
claims of unsecured creditors or elimination of the interests of
shareholders. The Landlord did not include this argument in its
written objection to confirmation, but it argues -- correctly --
that the ballot report showing that the Landlord's class of
creditors voted to reject the Plan was not filed until after the
objection deadline. According to the Court, nevertheless, the
objection is not sound. The absolute-priority rule requires one of
two outcomes in this case, and the Plan will yield one or the
other. The Court says the waterfall built into the Plan ensures
that shareholders will not be paid before allowed claims of
creditors are satisfied. Section 1129(b)(2)(B) requires no more
than that.
A copy of the Court's Memorandum Opinion dated November 26, 2025,
is available at https://urlcurt.com/u?l=ZTgLKR from
PacerMonitor.com.
About 23andMe Holding Co.
23andMe Holding Co. is a genetics-led consumer healthcare and
biotechnology company in San Francisco, Calif. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe and 11 affiliated debtors each filed a
voluntary petition for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mo. Lead Case No. 25-40976). 23andMe
disclosed $277,422,000 in total assets against $214,702,000 in
total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Morgan, Lewis &
Bockius, LLP and Carmody MacDonald, PC serve as legal counsel to
the Debtors while Alvarez & Marsal North America, LLC serve as the
restructuring advisor. The Debtors tapped Reevemark, LLC and Scale
Strategy Operations, LLC as communications advisors and Kroll
Restructuring Administration Services, LLC as claims agent.
Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter LLP serve
as special local counsel, investment banker, and legal advisor to
the Special Committee of 23andMe's Board of Directors,
respectively.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Debtors'
Chapter 11 cases. The committee tapped Kelley Drye & Warren, LLP
and Stinson, LLP as legal counsel and FTI Consulting, Inc. as
financial advisor.
2507 WOODBROOK: Seeks to Hire Gary S. Poretsky as Counsel
---------------------------------------------------------
2507 Woodbrook, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Maryland to employ The Law Offices of Gary S.
Poretsky, LLC as bankruptcy counsel.
The firm will provide these services:
(a) advise the Debtor of its rights, powers and duties;
(b) advise the Debtor regarding matters of bankruptcy law;
(c) represent the Debtor in proceedings and hearings in this
court;
(d) review the nature and validity of liens asserted against
the property of the Debtor and advise it of enforceability of such
liens;
(e) prepare on behalf of Debtor all necessary and appropriate
applications, motions, pleadings, drafter orders, notices, and
other documents, and review all financial and other reports to be
filed in the its chapter 11 case;
(f) advise the Debtor concerning, and prepare responses to,
legal papers that may be filed and served in the Debtor's Chapter
11 case; and
(g) perform all other legal services for and on behalf of the
Debtor that may be necessary or appropriate in the administration
of the its Chapter 11 case.
The firm's attorneys will be billed at $495 per hour plus
expenses.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Gary Poretsky, Esq., an attorney at the firm, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Gary S. Poretsky, Esq.
The Law Offices of Gary S. Poretsky, LLC
6 Church Lane
Pikesville, MD 21208
Telephone: (443) 738-5432
Email: gary@plgmd.com
About 2507 Woodbrook, LLC
2507 Woodbrook, LLC, filed a Chapter 11 bankruptcy petition (Bankr.
D. Md. Case No. 25-20424) on Nov. 4, 2025. The Debtor hires The Law
Offices of Gary S. Poretsky, LLC as bankruptcy counsel.
384 WASHINGTON: Seeks Chapter 7 Bankruptcy in Massachusetts
-----------------------------------------------------------
On November 24, 2025, 384 Washington LLC sought Chapter 7
protection in the District of Massachusetts. According to court
filings, the Debtor reports between $100,001 and $1,000,000 in debt
owed to 1–49 creditors.
About 384 Washington LLC
384 Washington LLC is a limited-liability company that likely
operates in the real estate sector, functioning as a
property-holding or rental business.
384 Washington LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-12546) on November 24, 2025. In
its petition, the Debtor reports estimated assets of $0–$100,000
and estimated liabilities of $100,001–$1,000,000.
The case is assigned to Honorable Bankruptcy Judge Christopher J.
Panos, and the Debtor is represented by Doug Surprenant, Esq. of
the Law Office of Doug Surprenant.
6201 ROBINSON: Seeks Chapter 11 Bankruptcy in Kansas
----------------------------------------------------
On November 21, 2025, 6201 Robinson Street LLC sought Chapter 11
protection in the District of Kansas. According to court filings,
the Debtor reports between $1 million and $10 million in debt owed
to 1-49 creditors.
About 6201 Robinson Street LLC
6201 Robinson Street, LLC operates an indoor shooting range and
firearms retail facility in Kansas City, providing access to
shooting lanes, training classes, and tactical bays for various
skill levels. The Company offers instruction in concealed carry,
tactical training, women-focused defense courses, and first aid,
alongside retail sales of firearms, ammunition, accessories, and
on-site gunsmithing services.
6201 Robinson Street LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-40807) on November 21, 2025. In
its petition, the Debtor reports estimated assets of
$100,001–$1,000,000 and estimated liabilities of $1 million–$10
million.
The case is being handled by Honorable Chief Judge Dale L. Somers.
The company is represented by Ryan A. Blay, Esq. of WM Law.
9 CROSBY: Seeks Cash Collateral Access
--------------------------------------
9 Crosby LLC asks the U.S. Bankruptcy Court for the Southern
District of New York for authority to use cash collateral and
provide adequate protection.
The Debtor is the owner and operator of the NoMo SoHo Hotel located
at 150 Lafayette Street/9 Crosby Street, New York, filed a Chapter
11 petition to facilitate the sale of the Hotel as a going concern,
with a stalking horse bid submitted by DH 9 Crosby LLC, an entity
affiliated with Dan Hotels Ltd., for $125 million, subject to
higher or competing bids. Contemporaneously, the Debtor filed a
motion seeking approval of sale procedures and a motion requesting
authorization to use cash collateral pursuant to 11 U.S.C. sections
361, 362, and 363, and applicable Federal and Local Bankruptcy
Rules.
The Debtor's cash collateral consists of substantially all receipts
from hotel operations, including rents, room revenues, and other
income, which are necessary to continue ordinary course operations,
maintain services, pay employees, and preserve the value of the
Hotel pending sale.
Mishmeret Trust Company Limited, as trustee under a prepetition
Deed of Trust, holds first-priority liens on the Hotel's real
estate, operating assets, and personal property, including
accounts, accounts receivable, deposits, and revenue, secured by a
Promissory Note of $90.1 million plus fees and interest.
Mishmeret's interest is also protected through replacement liens on
post-petition property, a superpriority administrative expense
claim, and maintenance of the existing deposit account control
(DACA) structure, which channels operating revenue into a DIP
account to pay budgeted expenses. The Debtor and Mishmeret agreed
to a 15-week post-petition operating budget, which governs the use
of cash collateral and ensures ordinary operations continue without
interruption.
The Debtor asserts that immediate access to cash collateral is
critical to avoid irreparable harm, maintain hotel operations, and
maximize the value of the estate for all parties.
The motion requests interim and final orders authorizing use of
cash collateral and adequate protection to Mishmeret, while
granting the lender rights to terminate the Debtor's use of
collateral upon certain termination events. Use of cash collateral
is conditioned on compliance with agreed-upon milestones, including
approval of the sale procedures, filing and confirmation of a plan
of reorganization, and the ultimate closing of the sale within 150
days, subject to brief extensions.
A copy of the motion is available at https://urlcurt.com/u?l=6xH8jF
from PacerMonitor.com.
About 9 Crosby LLC
9 Crosby LLC owns and operates the NoMo SoHo Hotel at 150 Lafayette
Street, also known as 9 Crosby Street, in New York, NY, featuring
264 guest rooms and suites, meeting and event spaces, and a
restaurant.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. N.Y. Case No. 25-12559) on November
17, 2025. In the petition signed by Daniel Sasson, manager, the
Debtor disclosed $126,638,227 in assets and $102,847,791 in
liabilities.
Judge Lisa G. Beckerman oversees the case.
Kevin J. Nash, Esq. at GOLDBERG WEPRIN FINKEL GOLDSTEIN LLP
represents the Debtor as legal counsel.
A PLUS HOME: Seeks Chapter 7 Bankruptcy in Louisiana
----------------------------------------------------
On November 21, 2025, A Plus Home Care Services LLC sought Chapter
7 protection in the Western District of Louisiana. According to
court filings, the Debtor reports between $0 and $100,000 in debt
owed to an estimated 1–49 creditors.
About A Plus Home Care Services LLC
A Plus Home Care Services LLC is a home care provider dedicated to
assisting clients who need non-medical support in their residences.
The company offers personalized services such as personal care,
meal preparation, household assistance, and one-on-one companion
care.
A Plus Home Care Services LLC sought relief under Chapter 7 of the
U.S. Bankruptcy Code (Bankr. W.D. La., Case No. 25-51081) on
November 21, 2025. In its petition, the Debtor reports estimated
assets of $0–$100,000 and estimated liabilities of
$0–$100,000.
Honorable Bankruptcy Judge John W. Kolwe handles the case.
The Debtor is represented by Thomas E. St. Germain, Esq. of
Weinstein & St. Germain, LLC.
A.B. INTERNATIONAL: Retains Kamini Fox PLLC as Legal Counsel
------------------------------------------------------------
A.B. International Market Inc. d/b/a A B International Market Inc.
seeks approval from the U.S. Bankruptcy Court for the Southern
District of New York to hire Kamini Fox, PLLC to serve as legal
counsel.
Kamini Fox, PLLC will provide these services:
(a) represent the Debtor, as debtor-in-possession, in all aspects
of this subchapter V Chapter 11 case;
(b) prepare and file all necessary motions, applications, answers,
orders, monthly reports, adversary proceedings, and other necessary
and appropriate documents in connection with the administration of
the Debtor's estate;
(c) advise the Debtor of its responsibilities and duties as a
debtor and debtor-in-possession in the continued management and
operation of its financial affairs and ensure insofar as
practicable that it complies with its responsibilities;
(d) appear at all appropriate meetings before this Court, any
appellate courts, and the U.S. Trustee, and protect the interests
of the Debtor's estate before such courts and the U.S. Trustee;
(e) represent the Debtor in actions to protect and preserve the
Debtor's estate;
(f) assist the Debtor in formulating and negotiating a plan of
reorganization; and
(g) perform such other further legal services to the Debtor which
may be necessary herein.
Kamini Fox, PLLC has received a retainer of $15,000. Hourly rates
are set at the firm's regular rates for similar cases, consistent
with the Local Bankruptcy Rules for the Southern District of New
York.
Fox Law 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:
Kamini Fox, Esq.
KAMINI FOX, PLLC
825 East Gate Blvd., Suite 308
Garden City, NY 11530
Telephone: (516) 493-9920
Fax: (516) 255-6905
E-mail: kamini@kfoxlaw.com
About A.B. International Market Inc.
A.B. International Market Inc., doing business as A B, filed a
petition under Chapter 11, Subchapter V of the Bankruptcy Code
(Bankr. S.D.N.Y. Case No. 25-12533) on November 13, 2025, listing
between $100,001 and $500,000 in assets and between $1 million and
$10 million in liabilities.
Judge John P. Mastando, III presides over the case.
Kamini Fox, Esq., at Kamini Fox, PLLC represents the Debtor as
legal counsel.
ADELAIDA CELLARS: Employs FBA Capital LLC as Merger Consultant
--------------------------------------------------------------
Adelaida Cellars, Inc. seeks approval from the U.S. Bankruptcy
Court for the Central District of California to employ FBA Capital
LLC dba FoodBevAg as its mergers and acquisitions consultant in its
Chapter 11 case.
FBA Capital will provide these services:
(a) assist the Company in pursuing a Transaction, including
preparing due diligence, negotiating the purchase and sale
agreement, and closing the Transaction;
(b) assist the Company with estimates of the Consultant’s
opinion of the value of its assets on a liquidation basis;
(c) prepare the marketing materials and the supporting
documents and information in a manner which Consultant determines
to be necessary to facilitate the Transaction, based upon the
practices of various Buyers in the marketplace;
(d) provide Company ideas and advice concerning discussions
with Buyer;
(e) create a data room to assist a Buyer in undertaking and
performing due diligence;
(f) schedule, facilitate, and conduct meetings with Buyers,
handle due diligence requests, coordinate the information
exchanged, and provide overall management of the Transaction
process through the closing;
(g) review, analyze, and advise on negotiating the offers or
letters of intent related to the Transaction; and
(h) assist qualified professionals engaged to assist the
Company and coordinate their efforts in negotiating agreements for
the Transaction and the closing the Transaction.
FBA Capital will receive a success fee of 4% of the total value of
the Property, to be paid from escrow at closing. The fee will be
split equally between FBA Capital and Ciao Consulting, LLC. FBA
Capital will also be entitled to reimbursement of out-of-pocket
expenses up to $5,000, with any expense over $500 requiring advance
approval.
According to court filings, FBA Capital is not a creditor, an
equity security holder or an insider of the Debtor and does not
have any previous connection with any insider except as disclosed
in the application.
The firm can be reached at:
FBA CAPITAL LLC
1550 Tiburon Blvd Suite G #100
Tiburon, CA 94920
Tel: (415) 503-9120
www.FoodBevAg.com
About Adelaida Cellars
Adelaida Cellars, Inc. is a family-owned and operated winery in
Paso Robles, Calif.
Adelaida Cellars sought Chapter 11 petition (Bankr. C.D. Calif.
Case No. 24-11409) on December 13, 2024, with $10 million to $50
million in both assets and liabilities. Nicholas D. Rubin, chief
restructuring officer of Adelaida Cellars, signed the petition.
Judge Ronald A Clifford, III oversees the case.
The Debtor is represented by Hamid R. Rafatjoo, Esq., at Raines
Feldman Littrell, LLP.
ADVANS IT: Seeks Chapter 7 Bankruptcy in Massachusetts
------------------------------------------------------
On November 19, 2025, Advans IT Services Inc. sought Chapter 7
protection in the District of Massachusetts. According to court
filings, the Debtor reports between $1 million and $10 million in
debt owed to an estimated 1–49 creditors.
About Advans IT Services Inc.
Advans IT Services Inc. specializes in providing technology-focused
services, including consulting, custom software solutions, IT
infrastructure management, and digital transformation support. The
company positions itself as a partner for organizations seeking
modern, scalable, and secure IT systems that align with evolving
business demands.
Advans IT Services Inc. sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. D. Mass., Case No. 25-41252) on November
19, 2025. In its petition, the Debtor reports estimated assets of
$0–$100,000 and estimated liabilities of $1 million–$10
million.
Honorable Chief Bankruptcy Judge Elizabeth D. Katz handles the
case.
The Debtor is represented by Marques C. Lipton, Esq. of Lipton Law
Group.
AEROFAB INDUSTRIES: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
Aerofab Industries, Inc. and Excell Aerofab, LLC received another
extension from the U.S. Bankruptcy Court for the Western District
of Washington to use cash collateral to fund operations.
The court extended the Debtors' authority to use cash collateral
through February 28, 2026, and approved the Debtors' latest budget,
which projects total monthly operational expenses of $134,614.57.
This approval is subject to the terms of the final cash collateral
order previously entered on October 1, which remains fully in
effect except where modified by the new budget and the interim
order.
The order is effective immediately and is binding on the Debtors,
creditors, and all parties in interest along with their successors.
It will remain fully enforceable through the extended period ending
February 28, 2026.
Additionally, the court retains jurisdiction to resolve any issues
related to implementing, interpreting, or enforcing this order.
Based on a search conducted on August 26, and a review of loan
documents, the Debtor identified seven UCC-1 financing statement
filers but only three asserted to have a valid interest in the
Debtor's cash collateral: Craft3, FC Marketplace, LLC (doing
business as Funding Circle) and Fundamental Capital, LLC (doing
business as Nexi Finance).
The total cash collateral value as of the petition date is
estimated at $269,326, consisting of $9,123 in bank deposits,
$257,203 in accounts receivable, and $3,000 in inventory. The total
secured debt is approximately $313,277.16.
About Aerofab Industries Inc.
Aerofab Industries Inc. provides metal fabrication services,
offering custom manufacturing, on-site installation, and emergency
repair solutions for clients across the food, industrial, medical,
and architectural sectors. The Company focuses on quality and
timely delivery, supported by a management team with over 59 years
of combined experience and a sales team with more than 65 years of
combined experience.
Aerofab Industries sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-12454) on September
3, 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 Timothy W. Dore handles the case.
The Debtor is represented by Jennifer L. Neeleman, Esq., at
Neeleman Law Group, P.C.
AG RECYCLING: Seeks Cash Collateral Access
------------------------------------------
AG Recycling, Inc., Surmeier Holdings, LLC, Surmeier Holdings
Gregan, LLC, Carbonox, Inc., and Eco Recycling, Inc. ask the U.S.
Bankruptcy Court for the Southern District of Illinois for
authority to use cash collateral, which consists of funds and
assets secured by their creditors.
The secured creditors in this case are PNC Bank, St. Louis Bank,
and the U.S. Small Business Administration, each holding liens on
the Debtors' assets.
PNC holds a first-position lien on Carbonox's assets, including
equipment, inventory, and accounts receivable. STLB is the junior
secured creditor for both Carbonox and Eco Recycling, Inc., with
several loan agreements and promissory notes extending over various
amounts. The SBA holds senior secured positions for both Eco
Recycling, Inc. and AG Recycling, Inc., each with their own
specific promissory notes, amounts owed, and collateralized
assets.
The Debtors are requesting to use the cash collateral for
day-to-day operations and to continue running the business during
the Chapter 11 process. They plan to use the cash collateral to
cover operational costs for the next 60 days, as outlined in the
proposed cash collateral budget. However, since using cash
collateral without consent from creditors or the court violates
bankruptcy rules, the Debtors have proposed that the secured
creditors will be adequately protected by the value of the Debtors'
secured assets, which will be monitored throughout the bankruptcy
case.
To further protect the secured creditors, the Debtors propose an
"Adequate Protection Payment" of $15,000 per month to STLB to cover
partial post-petition interest. The first payment would be made on
November 30, 2025. Additionally, the secured creditors will
maintain their pre-petition liens on the Debtors' assets, with a
carve-out provided for specific administrative and professional
fees, including those due to the Office of the United States
Trustee.
A copy of the motion is available at https://urlcurt.com/u?l=LQZp2L
from PacerMonitor.com.
About AG Recycling, Inc.
AG Recycling, Inc. is a recycling and aggregate materials company
based in Mascoutah, Illinois, engaged in processing concrete,
asphalt, and soil for reuse in construction and infrastructure
projects. The Company provides mobile crushing, materials recovery,
and related recycling services across Illinois. It is affiliated
with Surmeier Holdings LLC, Surmeier Holdings Gregan LLC, Carbonox
Incorporated, and Eco Recycling, Inc.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ill. Lead Case No. 25-30862) on
November 9, 2025.
In the petition signed by Timothy L. Surmeier, president and
manager, the Debtor disclosed up to $50,000 in assets and up to $10
million in liabilities.
Judge Mary E. Lopinot oversees the case.
Spencer Desai, Esq. at THE DESAI LAW FIRM, represents the Debtor as
legal counsel.
AGI SOURCING: Amends Unsecureds & AGI Critical Vendors Claims Pay
-----------------------------------------------------------------
AGI Sourcing, LLC and Rousso Apparel Group, LLC submitted an
Amended Joint Disclosure Statement in support of Joint Chapter 11
Plan dated November 25, 2025.
Pursuant to an Order entered on October 3, 2025, the Chapter 11
Cases are jointly administered for procedural purposes only.
Class 2 consists of the Allowed Claims of the AGI Critical Vendors
which total approximately $830,000, the holders of which shall
receive a payment, in Cash, from the Reorganized Debtor, no later
than ninety days after the Effective Date, in the amount of 50% of
their Allowed Claim. In consideration for the foregoing
preferential treatment under this Plan, the AGI Critical Vendors
will enter into written agreements, in form and substance
acceptable to AGI, providing for their continued provision of goods
and/or services (as applicable) postEffective Date at the
negotiated rates and with the same (or better) credit terms.
These agreements will ensure AGI's continued viability post
Confirmation and the feasibility of the Plan. The holders of
Allowed Class 2 Unsecured Claims are Impaired pursuant to Section
1124 of the Bankruptcy Code and are entitled to vote to accept or
reject the Plan.
Class 3 consists of the Allowed Unsecured Claims against RAG which
total approximately $5 million dollars, which includes $200,000
held by the SBA, in connection with an EIDL loan issued during the
pandemic, which has been reclassified under the Plan from a Secured
to an Unsecured Claim, and $2.3 million held by AGI, an insider and
affiliate of RAG. The Allowed Claim of AGI shall be subordinated to
the remaining Allowed Class 3 Claims and as such, shall receive no
distribution under the Plan.
The holders of the remaining Allowed Class 3 Claims shall receive
payment, in Cash, from RAG (or the Reorganized Debtor following the
commencement of the Debtors' Consignment Agreement), on or before
the first anniversary of the Effective Date, in an amount equal to
2% of their Allowed Claims, not to exceed $50,000 in the aggregate,
which distribution shall be funded from the net proceeds of
liquidation of RAG's assets; followed by the MFC Carveout. The
holders of the Class 3 Claims are Impaired.
The Plan shall be funded from the following sources: (a) the
Debtors' respective Cash on hand on the Effective Date, (b)
advances from MFC from the DIP Factoring Facility including the MFC
Carveout, (c) proceeds from the liquidation of the assets of RAG,
(d) net profit from ordinary course business operations of the
Reorganized Debtor, and (e) the Plan Contribution.
A full-text copy of the Amended Joint Disclosure Statement dated
November 25, 2025 is available at https://urlcurt.com/u?l=HRt1U0
from PacerMonitor.com at no charge.
Counsel to the Debtor:
Erica R. Aisner, Esq.
Kirby Aisner & Curley LLP
700 Post Road, Suite 237
Scarsdale, NY 10583
Telephone: (914) 401-9500
Email: eaisner@kacllp.com
About AGI Sourcing LLC
AGI Sourcing, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. N.Y. Case No. 25-12102-pb) on
September 26, 2025. In the petition signed by Victor Rousso,
manager, the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Philip Bentley oversees the case.
Erica Aisner, Esq., at Kirby Aisner & Curley LLP, represents the
Debtor as legal counsel.
AIM TO INSPIRE: Seeks Chapter 7 Bankruptcy in Maryland
------------------------------------------------------
On November 25, 2025, Aim to Inspire Care Forever Limited filed for
Chapter 7 protection in the District of Maryland. According to
court filings, the Debtor reports between $1 million and $10
million in debt owed to 1–49 creditors.
About Aim to Inspire Care Forever Limited
Aim to Inspire Care Forever Limited specializes in providing
high-quality home and community care services designed to enhance
daily living and promote independence.
Aim to Inspire Care Forever Limited sought relief under Chapter 7
of the U.S. Bankruptcy Code (Bankr. D. Md., Case No. 25-21135) on
November 25, 2025. In its petition, the Debtor reports estimated
assets of $0–$100,000 and estimated liabilities of $1–$10
million.
The case is assigned to Honorable Judge Nancy V. Alquist.
The Debtor is represented by Marc A. Ominsky, Esq., Law Offices of
Marc Ominsky.
ALGORHYTHM HOLDINGS: Jay B. Foreman Steps Down from Board
---------------------------------------------------------
Algorhythm Holdings, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that effective November
14, 2025, Jay B. Foreman resigned from the Board of Directors and
as a member of the Board's audit committee, compensation committee,
nominating and corporate governance committee, and executive
committee.
Mr. Foreman's resignation was not the result of any disagreements
with the Company regarding any matters related to its operations,
policies, practices, or otherwise.
About Algorhythm Holdings
Algorhythm Holdings, Inc., fka The Singing Machine Company, Inc. --
http://www.singingmachine.com/-- is a holding company for an AI
enabled software logistics business operated through its SemiCab
Holding subsidiary and a home karaoke consumer products company
that designs and distributes karaoke products globally to retailers
and ecommerce partners through the Singing Machine subsidiary.
Philadelphia, Penn.-based Marcum LLP, 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 incurred significant losses and needs to raise additional funds
to meet its obligations and sustain its operations. These
conditions raise substantial doubt about the Company's ability to
continue as a going concern.
As of September 30, 2025, the Company had $10,845,000 in total
assets, $10,745,000 in total liabilities, and a total stockholders'
equity of $100,000.
ALL SOD NURSERY: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Fort
Myers Division, issued an interim order authorizing All Sod
Nursery, Inc. to use cash collateral, effective as of the petition
date.
The interim order signed by Judge Luis Ernesto Rivera II authorized
the Debtor to use cash collateral to pay the amounts expressly
authorized by the court, including Subchapter V trustee interim
compensation; 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 creditors. This authorization will
continue until further order of the court.
As adequate protection, secured creditors will be granted
replacement liens, with the same priority as any asserted
pre-bankruptcy liens.
All Sod Nursery must also maintain insurance, perform all
obligations required of a debtor-in-possession, and give secured
creditors access to records and premises upon reasonable notice.
The order is without prejudice to lien challenges or future
modification requests and is immediately effective without the Rule
6004(h) 14-day stay.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/VFHdd from PacerMonitor.com.
The next hearing is scheduled for December 17.
All Sod Nursery has identified these creditors that may assert
perfected, pre-bankruptcy security interests in the cash
collateral: CashFloIt LLC, DME Capital LLC/Apollo Funding, and U.S.
Small Business Administration. These creditors perfected their
security interests via UCC-1 financing statements in the Florida
Secured Transaction Registry.
The SBA claims it is owed $994,314.97.
About All Sod Nursery Inc.
All Sod Nursery Inc., a company based in Naples, Florida, supplies
premium sod and plants for pickup or delivery in the local market.
Established in 2012, this family-owned and operated business
operates within the retail nursery and garden-supply industry,
serving homeowners and commercial landscapers alike.
All Sod Nursery filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02172) on October
31, 2025, listing between $100,000 and $500,000 in assets and
between $1 million and $10 million in liabilities. Miguel Cancio,
president of All Sod Nursery, signed the petition.
Judge Luis Ernesto Rivera II presides over the case.
Michael Dal Lago, Esq., at Dal Lago Law represents the Debtor as
bankruptcy counsel.
ALTA LOMA: Taps the Law Office of W. Derek May as Counsel
---------------------------------------------------------
Alta Loma Vivative, LP seeks approval from the U.S. Bankruptcy
Court for the Central District of California to hire W. Derek May
of the Law Office of W. Derek May to serve as general insolvency
counsel in its Chapter 11 case.
Mr. May will provide these services:
(a) advise the Debtor concerning the requirements of the
Bankruptcy Court, the Federal Rules of Bankruptcy Procedure, the
Local Rules of the Central District of California, Local Rules; and
with respect to compliance with the requirement of the Office of
the United State Trustee;
(b) advise the Debtor regarding matters of bankruptcy law,
including the rights and remedies of the Debtor in regard to its
assets and the claims of its creditors;
(c) conduct examinations of witnesses, claimants, or adverse
parties with respect to any necessary or pending litigation arising
in Bankruptcy;
(d) prepare and assist in the preparation of reports, accounts,
applications, motions, complaint, orders and or any other pleadings
of any kind required in the case;
(e) represent the Debtor in any proceedings or hearings in this
Court and any proceedings in any other court where the Debtor's
rights under the Bankruptcy Code may be litigated or affected;
(f) file any motion, applications or other pleadings appropriate
to effectuate the reorganization of the Debtor;
(g) review claims filed in the Debtor' case, and, if appropriate,
to prepare and file objections to disputed claims;
(h) assist the Debtor in negotiation, formulation, confirmation
and implementation of a Chapter 11 plan of reorganization;
(i) assist the Debtor in negotiation with the Estate's secured
creditors;
(j) serve as the Debtor's general insolvency counsel in
cooperation with any special counsel or other professional(s)
retained by the Debtor in the case;
(k) represent the Debtor in any adversary proceedings filed in the
case; and
(l) take such other action and perform such other services as the
Debtor may require of the Firm in connection with its Chapter 11
case.
Mr. May will receive an hourly rate of $450.
The Law Office of W. Derek May 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:
W. Derek May, Esq.
LAW OFFICE OF W. DEREK MAY
400 N. Mountain Ave. Suite 236
Upland, CA 91786
Telephone: (909) 920-0443
Facsimile: (909) 912-8114
E-mail: wdmlaw17@socalbankruptcy.net
About Alta Loma Vivative, LP
Alta Loma Vivative, LP sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D. Cal. Case No. 6:25-bk-16799-SY) on
September 22, 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 Scott H. Yun oversees the case.
The Law Office of W. Derek May is Debtor's legal counsel.
AMBIPAR EMERGENCY: Hires Ordinary Course Professionals
------------------------------------------------------
Ambipar Emergency Response seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas to employ the following
ordinary course professionals.
Walkers (Cayman) LLP Cayman Islands
190 Elgin Avenue, George Town, Legal Counsel
Grand Cayman KY1-9001,
Cayman Islands
About Ambipar Emergency Response
Ambipar Emergency Response is a global environmental and emergency
response firm.
Ambipar Emergency Response sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90524) on
October 20, 2025. In its petition, the Debtor reports more than $1
billion in assets and $328.2 million in liabilities.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Jason S. Brookner, Esq. of Gray Reed &
Mcgraw LLP.
AMBIPAR EMERGENCY: Hires Quinn Emanuel as Counsel to the Board
--------------------------------------------------------------
Ambipar Emergency Response 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 Independent Special
Committee of the Board of Directors of the Debtor.
The firm will provide these services:
(i) identify and evaluate, all matters in which a conflict of
interest exists or is reasonably likely to exist between the Debtor
and certain related parties; and
(ii) execute an independent investigation of potential claims
and causes of action that the Company may have against certain
related parties.
The firm will be paid at these rates:
Partners $1,860 to $3,000 per hour
Counsels $1,775 to $2,725 per hour
Associates $1,035 to $1,665 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The following is provided in response to the request for additional
information set forth in Appendix B, Paragraph D.1 of the Fee
Guidelines:
Question: Did the Firm agree to any variations from, or
alternatives to, the Firm's standard billing arrangements for this
engagement?
Answer: No.
Question: Do any of the Firm's professionals in this engagement
vary their rate based on the geographical location of the Debtor's
Chapter 11 Case?
Answer: No. The hourly rates used by Quinn Emanuel in
representing the Committee are consistent with the rates that the
Firm charges other comparable chapter 11 clients, regardless of the
location of the chapter 11 case.
Question: If the Firm has represented the Debtor in the 12
months pre-petition, disclose the Firm's billing rates and material
financial terms for the pre-petition engagement, including any
adjustments during the 12 months pre-petition. If the Firm's
billing rates and material financial terms have changed
post-petition, explain the difference and the reasons for the
difference.
Answer: Quinn Emanuel was retained on November 3, 2025.
Question: Has the Debtor approved Quinn Emanuel's budget and
staffing plan, and if so, for what budget period?
Answer: Neither the Debtor nor the Committee has requested a
budget and/or staffing plan. Quinn Emanuel will work with the
Debtor and the Committee to ensure services are rendered in an
efficient manner.
Benjamin Finestone, Esq., a partner at Quinn Emanuel Urquhart &
Sullivan, LLP, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Benjamin I. Finestone, Esq.
Quinn Emanuel Urquhart & Sullivan, LLP
711 Louisiana, Suite 500
Houston, TX 77002
Tel: (713) 221-7000
Fax: (713) 221-7100
Email: benjaminfinestone@quinnemanuel.com
About Ambipar Emergency Response
Ambipar Emergency Response is a global environmental and emergency
response firm.
Ambipar Emergency Response sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90524) on
October 20, 2025. In its petition, the Debtor reports more than $1
billion in assets and $328.2 million in liabilities.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Jason S. Brookner, Esq. of Gray Reed &
Mcgraw LLP.
AMBIPAR EMERGENCY: Hires Simpson Thacher & Bartlett as Counsel
--------------------------------------------------------------
Ambipar Emergency Response seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas to employ Simpson Thacher
& Bartlett LLP as counsel.
The firm's services include:
a) advising the Debtor with respect to its powers and duties as
debtor in possession in the continued management and operation of
its business;
b) advising and consulting on the conduct of this chapter 11
case, including all of the legal and administrative requirements of
operating in chapter 11;
c) attending meetings and negotiating with representatives of
creditors and other parties in interest;
d) taking all necessary actions to protect, preserve, and
maximize the value of the Debtor's estate;
e) preparing pleadings in connection with this chapter 11 case,
including motions, applications, answers, orders, reports, and
papers necessary or otherwise beneficial to the administration of
the Debtor's estate;
f) if necessary, representing the Debtor in connection with
postpetition financing or sales of assets;
g) appearing before the Court and any appellate courts to
represent the interests of the Debtor's estate;
h) if necessary, taking any action on behalf of the Debtor to
negotiate, prepare, and obtain approval of a disclosure statement
and confirmation of a chapter 11 plan and all documents related
thereto, or such other resolution of this chapter 11 case
consistent with the RJ Proceedings; and
i) performing all other necessary legal services for the Debtor
in connection with this chapter 11 case that the Debtor determines
necessary and appropriate.
The firm will be paid at these rates:
Partners $2,220 to $2,730 per hour
Senior Counsel $2,050 per hour
Counsel $1,995 per hour
Associates $895 to $1,690 per hour
Paraprofessionals $470 to $725 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The following is provided in response to the request for additional
information set forth in paragraph D.1 of the Guidelines for
Reviewing Applications for Compensation and Reimbursement of
Expenses Filed Under 11 U.S.C. Sec. 330 by Attorneys in Larger
Chapter 11 Cases (the "U.S. Trustee Guidelines"):
Question: Did Simpson Thacher agree to any variations from, or
alternatives to, Simpson Thacher's standard or customary billing
arrangements for this engagement?
Answer: No.
Question: Do any of Simpson Thacher's professionals included in
this engagement vary their rate based on the geographical location
of the Debtor's chapter 11 case?
Answer: No. The hourly rates used by Simpson Thacher in
representing the Debtor are consistent with the rates that Simpson
Thacher charges other comparable chapter 11 clients, regardless of
the location of the chapter 11 case.
Question: If Simpson Thacher has represented the Debtor in the
12 months prepetition, disclose the Firm's 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 postpetition,
explain the difference and the reasons for the difference.
Answer: Simpson Thacher represented the Ambipar Group in
connection with its global restructuring prior to the Petition Date
using the same hourly rates as disclosed herein, and such rates
have not changed postpetition.
Question: Has the Debtor approved Simpson Thacher's prospective
budget and staffing plan, and if so, for what budget period?
Answer: Simpson Thacher has provided a good faith estimate of
its expected fees and expenses during the course of this chapter 11
case, along with the staffing plan outlined in the Application.
Mr. Zylberberg disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
David R. Zylberberg, Esq.
Nicholas E. Baker, Esq.
Moshe A. Fink, Esq.
Rachael L. Foust, Esq.
Zachary J. Weiner, Esq.
Simpson Thacher & Bartlett LLP
425 Lexington Avenue
New York, NY 10016
Telephone: (212) 455-2000
Facsimile: (212) 455-2502
Email: david.zylberberg@stblaw.com
nbaker@stblaw.com
moshe.fink@stblaw.com
rachael.foust@stblaw.com
zachary.weiner@stblaw.com
About Ambipar Emergency Response
Ambipar Emergency Response is a global environmental and emergency
response firm.
Ambipar Emergency Response sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90524) on
October 20, 2025. In its petition, the Debtor reports more than $1
billion in assets and $328.2 million in liabilities.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Jason S. Brookner, Esq. of Gray Reed &
Mcgraw LLP.
AMBIPAR EMERGENCY: Seeks to Hire Gray Reed as Co-Counsel
--------------------------------------------------------
Ambipar Emergency Response seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas to employ Gray Reed as
co-counsel.
The firm will provide these services:
a) provide legal advice and services regarding local rules,
practices, and procedures, including Fifth Circuit law;
b) provide certain services in connection with the
administration of the chapter 11 case, including preparing agendas,
hearing notices, witness and exhibit lists, and hearing binders of
documents and pleadings;
c) review and comment on proposed drafts of pleadings to be
filed with the Court;
d) at the request of the Debtor, appear in Court, at any meeting
with the United States Trustee for the Southern District of Texas
(the "U.S. Trustee"), and any meeting of creditors at any given
time on behalf of the Debtor as its local co-counsel;
e) perform all other services assigned by the Debtor to Gray
Reed as co-counsel; and
f) provide independent counsel to the Debtor.
The firm will be paid at these rates:
Jason S. Brookner, Partner $1,095 per hour
Aaron M. Kaufman, Partner $935 per hour
Lydia R. Webb, Partner $875 per hour
Emily F. Shanks, Associate $655 per hour
Veronica Salazar, Paralegal $425 per hour
Prior to the Petition Date, Gray Reed received a retainer in the
aggregate amount of $75,000.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
The following is provided in response to the request for additional
information set forth in paragraph D.1 of the Guidelines for
Reviewing Applications for Compensation and Reimbursement of
Expenses Filed Under 11 U.S.C. § 330 by Attorneys in Larger
Chapter 11 Cases:
Question: Did the Firm agree to any variations from, or
alternatives to, the Firm's standard or customary billing
arrangements for this engagement?
Answer: No.
Question: Do any of the Firm professionals included in this
engagement vary their rate based on the geographical location of
the Debtor's chapter 11 case?
Answer: No. The hourly rates used by Gray Reed in representing
the Debtor are consistent with the rates that Gray Reed charges
other comparable chapter 11 clients, regardless of the location of
the chapter 11 case.
Question: If the Firm has represented the Debtor in the 12
months prepetition, disclose the Firm's 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 postpetition, explain the
difference and the reasons for the difference.
Answer: Gray Reed represented the Debtor during the days
immediately prior to the Petition Date, using the same hourly rates
as disclosed herein, and such rates have not changed postpetition.
Question: Has the Debtor approved the Firm's prospective budget
and staffing plan, and if so, for what budget period?
Answer: Gray Reed has provided a good faith estimate of its
expected fees and expenses during the course of this chapter 11
case, along with the staffing plan outlined in the Application.
Mr. Brookner disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Jason S. Brookner, Esq.
Lydia R. Webb, Esq.
Gray Reed
1300 Post Oak Blvd., Suite 2000
Houston, TX 77056
Telephone: (713) 986-7000
Facsimile: (713) 986-7100
Email: jbrookner@grayreed.com
lwebb@grayreed.com
About Ambipar Emergency Response
Ambipar Emergency Response is a global environmental and emergency
response firm.
Ambipar Emergency Response sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90524) on
October 20, 2025. In its petition, the Debtor reports more than $1
billion in assets and $328.2 million in liabilities.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Jason S. Brookner, Esq. of Gray Reed &
Mcgraw LLP.
AMERICAN PAVING: Section 341(a) Meeting of Creditors on Dec. 17
---------------------------------------------------------------
On November 16, 2025, American Paving Services, Inc. sought Chapter
11 protection in the Northern District of Indiana. According to
court filings, the Debtor reports between $1 million and $10
million in debt owed to 1–49 creditors.
A meeting of creditors under Section 341(a) to be held on December
17, 2025 at 10:30 AM via Telephonic Meeting with Assistant US
Trustee (Line 1).
About American Paving Services, Inc.
American Paving Services, Inc. provides asphalt paving,
resurfacing, sealcoating, maintenance, excavating, crack-filling,
sweeping, and related pavement services for commercial, industrial,
and private-lane projects. The Company operates across multiple
communities in Indiana, including Porter, Portage, and Valparaiso,
and extends its services into Illinois in areas such as Chicago,
Bolingbrook, and Franklin Park.
American Paving Services, Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ind., Case No. 25-22370) on
November 16, 2025. In its petition, the Debtor reports estimated
assets between $100,001 and $1,000,000 and estimated liabilities
between $1 million and $10 million.
Honorable Judge James R. Ahler handles the case.
The Debtor is represented by Ben Schneider, Esq. of Schneider and
Stone Inc.
AMERICAN SIGNATURE: Dec. 1 Deadline for Panel Questionnaires
------------------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy cases of American Signature
Inc., et al.
If a party wishes to be considered for membership on any official
committee that is appointed, it must complete a questionnaire
available at https://tinyurl.com/ycdesj8n and return by email it to
Asher Bublick -- asher.bublick@usdoj.gov –- at the Office of the
United States Trustee so that it is received no later than 4:00
p.m, on December 1, 2025.
If the U.S. Trustee receives sufficient creditor interest in the
solicitation, it may schedule a meeting or telephone conference for
the purpose of forming a committee.
About American Signature Inc.
American Signature Inc., together with its subsidiaries, is a
residential furniture company operating across its Value City
Furniture and American Signature Furniture brands and serving as a
furniture destination consumers can rely on for style, quality, and
value. Headquartered in Columbus, Ohio, the Company operates more
than 120 stores across 17 states, with the largest concentrations
in Ohio (20), Michigan (16), and Illinois (11). The Company employs
approximately 3,000 team members.
American Signature and eight of its affiliates sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del., Lead
Case No. 25-12105 (JKS) on November 22, 2025. In their petition,
the Debtors estimated assets of $100 million to $500 million and
estimated liabilities of $500 million to $1 billion. The petitions
were signed by Rudy Morando as chief restructuring officer.
Judge J. Kate Stickles presides over the cases.
David M. Bertenthal, Maxim B. Litvak, and Laura Davis Jones at
Pachulski Stang Ziehl & Jones LLP, represent the Debtors as legal
counsel. Berkeley Research Group, LLC serves as restructuring
advisor to the Debtors, SSG Capital Advisors LLC serves as
investment banker, and Kurtzman Carson Consultants LLC dba Verbita
Global is claims and noticing agent to the Debtors.
ANNALEE DOLLS: Court Extends Cash Collateral Access to Dec. 31
--------------------------------------------------------------
Annalee Dolls, LLC received a one-month extension from the U.S.
Bankruptcy Court for the District of New Hampshire to use cash
collateral to fund operations.
The court issued an interim order authorizing the Debtor to use up
to $754,923.76 in
cash collateral from December 1 to 31 to pay the expenses set forth
in its budget.
The Debtor projects total operational expenses of $685,646.76 for
December.
As protection for Customers Bank and other lienholders, the Debtor
was ordered to grant the lienholders replacement liens, with the
same validity, priority and enforceability as their pre-bankruptcy
liens; and to maintain insurance policies, naming the lienholders
as mortgagees or loss payees.
As additional protection, Customers Bank will receive $32,442 by
December 15.
The next hearing is set for December 29. The deadline for filing
objections is on December 26.
The interim order is available at https://is.gd/uRh94p from
PacerMonitor.com.
About Annalee Dolls LLC
Annalee Dolls, LLC is an American company known for its handcrafted
felt dolls that embody holiday themes and whimsical charm. Founded
in 1934, the business has become a staple of collectible Americana,
with its headquarters and flagship store located in Meredith, New
Hampshire. The company continues to attract visitors and
collectors
with its nostalgic products and scenic gift shop near Lake
Winnipesaukee.
Annalee Dolls sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D.N.H. Case No. 25-10232) on April 11, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Kimberly Bacher handles the case.
The Debtor is represented by William S. Gannon, Esq., at William S.
Gannon, PLLC.
BAND OF CODERS: Hires Rountree Leitman Klein as Counsel
-------------------------------------------------------
Band of Coders, LP seeks approval from the U.S. Bankruptcy Court
for the Northern District of Georgia to employ Rountree, Leitman,
Klein & Geer, LLC as attorneys.
The firm will provide these services:
(a) give the Debtor legal advice with respect to its powers and
duties as Debtor-in-Possession in the management of its property;
(b) prepare on behalf of the Debtor as Debtor-in-Possession
necessary schedules, applications, motions, answers, orders,
reports and other legal matters;
(c) assist in examination of the claims of creditors;
(d) assist with formulation and preparation of the disclosure
statement and plan of reorganization and with the confirmation and
consummation thereof; and
(e) perform all other legal services for the Debtor as
Debtor-in-Possession that may be necessary herein.
The firm's attorneys and personnel will bill at hourly rates
ranging from $595 for partners to $300 for associates, and from
$225 to $290 for paralegals.
The firm received a pre-petition retainer of $45,000.
Mr. Rountree disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
William A. Rountree, Esq.
Rountree, Leitman, Klein & Geer, LLC
Century I Plaza
2987 Clairmont Road, Suite 350
Atlanta, GA 30329
Telephone: (404) 584-1238
Email: wrountree@rlkglaw.com
About Band of Coders, LP
Band of Coders LP operates in the management, scientific, and
technical consulting services sector.
Band of Coders, LP filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Codee (Bankr. N.D. Ga. Case No. 25-21485) on
October 17, 2025, listing between $1 million and $10 million in
assets and between $500,001 and $1 million in liabilities.
Judge Laurel M. Isicoff oversees the case.
William A. Rountree, Esq., at Rountree Leitman Klein & Geer, LLC,
represents the Debtor as legal counsel.
BARRACUDA PARENT: Blue Owl Marks $22.8MM 1L Loan at 17% Off
-----------------------------------------------------------
Blue Owl Technology Finance Corp. has marked its $22,859,000 loan
extended to Barracuda Parent, LLC to market at $19,085,000 or 83%
of the outstanding amount, according to Blue Owl's Form 10-Q for
the quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission.
Blue Owl is a participant in a first lien senior secured loan to
Barracuda Parent, LLC. The loan accrues interest at a rate of 4.50%
per annum. The loan matures on August 2029.
Blue Owl is a Maryland corporation formed on July 12, 2018. The
Company was formed primarily to originate and make loans to, and
make debt and equity investments in, technology-related companies,
specifically software companies, based primarily in the United
States. The Company originates and invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans, and
equity-related securities including common equity, warrants,
preferred stock and similar forms of senior equity, which may or
may not be convertible into a portfolio company's common equity.
The Company's investment objective is to maximize total return by
generating current income from its debt investments and other
income producing securities, and capital appreciation from its
equity and equity-linked investments.
Blue Owl is led by Craig W. Packer as Chief Executive Officer and
Jonathan Lamm as Chief Operating Officer and Chief Financial
Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Technology Finance Corp
399 Park Avenue
New York, NY 10022
Telephone: (212) 419-3000
About Barracuda Parent, LLC
Barracuda Parent, LLC is the holding company for Barracuda
Networks, a global cybersecurity company that provides a
cloud-first, AI-powered platform for data security, applications,
and networking products and services.
BARRACUDA PARENT: Blue Owl Marks $55.8MM 2L Loan at 24% Off
-----------------------------------------------------------
Blue Owl Technology Finance Corp. has marked its $55,875,000 loan
extended to Barracuda Parent, LLC to market at $42,186,000 or 76%
of the outstanding amount, according to Blue Owl's Form 10-Q for
the quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission.
Blue Owl is a participant in a second lien senior secured loan to
Barracuda Parent, LLC. The loan accrues interest at a rate of 4.50%
per annum. The loan matures on August 2030.
Blue Owl is a Maryland corporation formed on July 12, 2018. The
Company was formed primarily to originate and make loans to, and
make debt and equity investments in, technology-related companies,
specifically software companies, based primarily in the United
States. The Company originates and invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans, and
equity-related securities including common equity, warrants,
preferred stock and similar forms of senior equity, which may or
may not be convertible into a portfolio company's common equity.
The Company's investment objective is to maximize total return by
generating current income from its debt investments and other
income producing securities, and capital appreciation from its
equity and equity-linked investments.
Blue Owl is led by Craig W. Packer as Chief Executive Officer and
Jonathan Lamm as Chief Operating Officer and Chief Financial
Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Technology Finance Corp
399 Park Avenue
New York, NY 10022
Telephone: (212) 419-3000
About Barracuda Parent, LLC
Barracuda Parent, LLC is the holding company for Barracuda
Networks, a global cybersecurity company that provides a
cloud-first, AI-powered platform for data security, applications,
and networking products and services.
BELLAVIVA AT WHISPERING: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of Bellaviva at Whispering Hills, according to court
dockets.
About Bellaviva at Whispering Hills
Bellaviva at Whispering Hills LLC, a company based in Orlando,
Florida, develops and manages residential real estate, focusing on
the Whispering Hills subdivision in Lake County. It is a
single-asset real estate entity whose activities are concentrated
on designing, building, and promoting residential properties in
this development.
Bellaviva at Whispering Hills LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-06655) on
October 16, 2025. In its petition, the Debtor reports estimated
assets between $50 million and $100 million and estimated
liabilities between $10 million and $50 million.
The Debtor is represented by Stewart J. Subjinski, Esq., at Lippes
Athias, LLP.
BELLE MEADE: Hires Law Offices of Scott Alan Orth as Counsel
------------------------------------------------------------
Belle Meade Studios, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to employ the Law
Offices of Scott Alan Orth, P.A. as counsel.
The Debtors require legal counsel to:
a. give advice with respect to the powers and duties of the
Debtors in the continued management of their business operations;
b. give advice with respect to the responsibilities of the
Debtors in complying with the U.S. Trustee's Operating Guidelines
and Reporting Requirements and with the rules of the court;
c. prepare legal documents;
d. protect the interest of the Debtors in all matters pending
before the court; and
e. represent the Debtor in negotiation with creditors in the
preparation of a Chapter 11 plan.
The firm will be paid based upon their normal and usual hourly
billing rates and will be reimbursed for out-of-pocket expenses
incurred.
The firm received the filing fee plus $3,262 prepetition to advise
the Debtor as to Chapter 11 proceedings.
Scott Alan Orth, Esq., a partner at the Law Offices of Scott Alan
Orth, disclosed in a court filing that his firm is a "disinterested
person" pursuant to Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Scott Alan Orth, Esq.
Law Offices of Scott Alan Orth, P.A.
3860 Sheridan St Ste A
Hollywood, FL 33021
Tel: (305) 757-3300
Email: scott@orthlawoffice.com
About Belle Meade Studios, LLC
Belle Meade Studios LLC, located in Miami, Florida, offers creative
services such as audio recording, video production, and
photography, operating from a professional studio at 7625 Biscayne
Blvd, Suite 1, catering to artists and content creators.
Belle Meade Studios LLC in Miami, FL, sought relief under Chapter
11 of the Bankruptcy Code filed its voluntary petition for Chapter
11 protection (Bankr. S.D. Fla. Case No. 25-22016) on Oct. 13,
2025, listing as much as $1 million to $10 million in both assets
and liabilities. Rachel Dugger signed the petition as authorized
manager, signed the petition.
LAW OFFICES OF SCOTT ALAN ORTH, P.A. serve as the Debtor's legal
counsel.
BELLEROSE TERRACE: Hires Van Dam Law LLP as Counsel
---------------------------------------------------
Bellerose Terrace LLC seeks approval from the U.S. Bankruptcy Court
for the District of Massachusetts to employ Van Dam Law LLP as
counsel to handle its Chapter 11 case.
The firm has agreed to represent the Debtor for an hourly fee of
$450 and a retainer of $31,748.
As disclosed in court filings, Van Dam Law does not hold any
interest adverse to the interest of the Debtor.
The firm can be reached through:
Michael Van Dam, Esq.
Van Dam Law LLP
233 Needham Street, Suite 540
Newton, MA 02464
Tel: (617) 969-2900
Fax: (617) 964-4631
Email: mvandam@vandamlawllp.com
About Bellerose Terrace LLC
Bellerose Terrace LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-12499) on November 18, 2025. In
its petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million.
The Honorable Bankruptcy Judge Christopher J. Panos handles the
case.
The Debtor is represented by Michael Van Dam, Esq., of Van Dam Law
LLP.
BK & MK LLC: Seeks Subchapter V Bankruptcy in Illinois
------------------------------------------------------
On November 24, 2025, BK & MK LLC sought Chapter 11 protection in
the Northern District of Illinois. According to court filings, the
Debtor reports between $1 million and $10 million in debt owed to
1–49 creditors.
About BK & MK LLC
BK & MK LLC operates a trucking and freight transportation business
with a fleet of Class 8 Freightliner tractors and Wabash trailers
used for long-haul cargo hauling.
BK & MK LLC filed for relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ill., Case No. 25-18130) on
November 24, 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 Judge Deborah L. Thorne handles the case.
The Debtor is represented by David Freydin.
BLACKBEARD MARINE: Trustee Hires Luke Homen Law as Counsel
----------------------------------------------------------
Luke Homen, the Trustee of Blackbeard Marine, Inc., seeks approval
from the U.S. Bankruptcy Court for the Eastern District of Oklahoma
to employ Luke Homen Law PLLC as counsel to handle its chapter 11
case.
The firm will be paid at these rates:
Luke Homen $450 per hour
Associates $350 per hour
Paralegals $75 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Homen disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Luke Homen, Esq.
Luke Homen Law PLLC
10313 Greenbriar Parkway
Oklahoma City, OK 73159
Tel: (405) 639-2099
Fax: (405) 252-1654
About Blackbeard Marine, Inc.
Blackbeard Marine, Inc., filed a Chapter 11 bankruptcy petition
(Bankr. E.D. Okla. Case No. 25-20424) on Nov. 4, 2025. The Debtor
hires Luke Homen Law PLLC.
BLACKSTONE CLAIM: Eric Terry Named Subchapter V Trustee
-------------------------------------------------------
The U.S. Trustee for Region 7 appointed Eric Terry as Subchapter V
trustee for Blackstone Claim Services, Inc.
Mr. Terry will charge $450 per hour for his services as Subchapter
V trustee and $75 per hour for his support staff working under his
direct supervision. The Subchapter V trustee will seek
reimbursement for work-related expenses incurred.
Mr. Terry declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Eric Terry
3511 Broadway
San Antonio, TX 78209
Phone: (210)468-8274
Email: eric@ericterrylaw.com
About Blackstone Claim Services Inc.
Blackstone Claim Services, Inc. is a Kerrville, Texas-based
property loss management firm that provides public adjusting,
appraisal and umpire services, litigation and mediation support,
and building consulting. The Company, founded in 1999 as Pennington
& Associates, serves residential and commercial policyholders
seeking assistance with property insurance claims. It operates
under the ownership of Gary Pennington.
Blackstone filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. W.D. Texas Case No. 25-52804) on November
19, 2025, with $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. Gary Pennington, president of Blackstone,
signed the petition.
Ronald Smeberg, Esq., at The Smeberg Law Firm represents the Debtor
as bankruptcy counsel.
BLOCK COMMUNICATIONS: S&P Downgrades ICR to 'B', Outlook Negative
-----------------------------------------------------------------
S&P Global Ratings lowered all our ratings on U.S.-based cable
provider Block Communications Inc. by one notch, including the
issuer credit rating, to 'B' from 'B+'.
The negative outlook reflects the potential that the company's FOCF
will remain weak on continued earnings declines.
Block Communications Inc. faces heightened competition in
broadband, which has pressured earnings and limited free operating
cash flow (FOCF).
The downgrade reflects intensified competition in its cable
segment, which has pressured earnings and limited FOCF. S&P said,
"We revised our forecast to account for lower earnings in cable
following weaker-than-expected operating performance for the first
nine months of 2025. We now expect consolidated earnings declines
of 8%-9% in 2025, lower than our previous estimate of flat growth,
primarily driven by a 10%-12% earnings decline in cable due to a
roughly 6%-7% decrease in broadband subscribers, as well as
one-time restructuring costs associated with its union settlement
agreements and expenses associated with its strategic review. We
believe this will result in negative FOCF of about $5 million in
2025. In 2025, we expect capital expenditures (capex) to decrease
to about $60 million from about $102 million in 2024, as the
company pulls back on fiber-to-the home (FTTH) overbuild spending.
In 2026, we believe earnings will decline modestly by about 2% as
roughly $20 million in video programming cost savings, $10 million
in lower corporate expenses, and $5 million fewer losses in
publishing are offset by 12%-13% revenue declines in cable and the
sale of broadcast. Even with these improvements, we believe FOCF
will remain near break-even on capex of roughly $60 million and $3
million-$4 million of interest expense savings on lower debt
balances."
S&P said, "Longer-term, we project Block's FOCF could be limited if
the company cannot stabilize operating trends at its cable segment.
Furthermore, if the company is unable to secure favorable financing
when it looks to refinance its maturities in 2027 and 2028, we
believe its FOCF could remain low on incremental interest expense
of $2 million-$5 million annually. Still, in our view the company
has the capacity to further pull back on capex by $5 million-$10
million annually, which would support FOCF.
"We believe high speed data (HSD) revenue will decline about 5% in
2026, more than previously expected. We project the company's
broadband subscriber base will contract by about 8,000 subscribers
in 2025 on flat average revenue per user (ARPU) growth. We believe
more intense competition from operators offering FTTH and fixed
wireless access (FWA), and headwinds from non-pay disconnects,
primarily driven by the discontinuation of the Affordable
Connectivity Program, have contributed to significant HSD
subscriber losses.
"In 2026, we forecast the company will lose 6,000-7,000 broadband
subscribers on modestly lower ARPU driven by a more competitively
priced broadband offering. This comes as customer additions remain
under pressure thanks to fewer copper wire-based customers
converting to cable and instead opting for cheaper FWA service.
"Intensifying competition from FTTH and FWA providers will pressure
Block's subscriber metrics. We project Block's broadband
penetration will decline to the 37% area in 2026 from a peak of
about 47% in 2021. Greater competition from other broadband
providers is pressuring both the rate of broadband ARPU growth and
causing subscriber declines. In addition, wireless carriers are
offering in-home broadband with FWA, which limits Block's ability
to take share from digital subscriber line (DSL) providers because
many consumers are switching to cheaper FWA service instead of
converting to cable.
"We believe losses at Block's publishing segment will persist but
likely shrink in 2026. We expect losses in publishing will remain
flat year over year at $14 million-$15 million this year as cost
reductions due to the resolution with the Teamsters at the
Pittsburgh Post-Gazette are offset by one-time restructuring costs
related to the newspaper union settlement. However, in 2026, we
believe deficits will improve to about $10 million on the full
realization of its cost savings initiatives and lower one-time
expenses.
"We view the proposed sale of its television stations business as a
modest credit positive. Block plans to divest its television
stations business to Gray Media Inc. for $80 million and use the
net proceeds to reduce prepayable debt. The sale includes WDRB and
WBKI in Louisville, Ky.; WAND in Springfield-Champaign-Decatur,
Ill.; and WLIO in Lima, Ohio, which account for less than 15% of
Block's consolidated revenues.
"We believe the transaction will support deleveraging to the
high-4x in 2026, from about 5.7x as of Sept. 30, 2025, on earnings
declines of about 2%. However, if Block is unable to stabilize
operating trends at its cable segment, we believe leverage could
return to the mid- to high-5x area longer term. We expect the sale
to close in the first quarter of 2026."
The negative outlook reflects the potential that FOCF remains weak
on continued earnings declines.
S&P said, "We could lower ratings if operating trends do not
improve such that there is not a clear path to generating positive
FOCF or if its ability to refinance upcoming maturities at par
becomes more uncertain.
"We could revise our outlook on Block to stable within the next 12
months if FOCF to debt is on a path toward approaching 5%, which
would likely be driven by modest revenue growth in HSD combined
with continued improvements in publishing."
BLOCK INC: Moody's Upgrades CFR to Ba1, Alters Outlook to Stable
----------------------------------------------------------------
Moody's Ratings upgraded Block, Inc.'s (Block) corporate family
rating and senior unsecured rating one notch each to Ba1 from Ba2.
Moody's also affirmed Block's probability of default rating at
Ba1-PD. The speculative grade liquidity (SGL) rating remains SGL-1.
The outlook is revised to stable from positive.
The upgrade reflects Block achieving profitability improvement as
reflected by the company's EBITDA margin (Moody's adjusted) as a
percentage of gross profit improving from near breakeven in 2022 to
high teens in the LTM period ended September 30th, 2025. The
company's strategic focus on cost discipline has further supported
sustained free cash flow growth from also near breakeven to
materially positive over the same period.
RATINGS RATIONALE
Block's Ba1 CFR reflects the company's strong market position built
upon scaled offerings across its two ecosystems - Square and Cash
App - each with sizable addressable markets that are benefiting
from secular growth drivers. While gross profit growth has slowed
considerably from strong double digit rates seen during the
pandemic, Moody's sees the current mid-teens growth rate as healthy
and sustainable over the medium term, supported by the company's
growth initiatives. At the same time, an increasing share of gross
profit is generated by the company's lending products.
Additionally, the company has expanded its share repurchase
authorization meaningfully.
Block's exposure to governance risks reflects ownership and
management control concentrated with a high-vote class of shares.
Two directors including the current CEO control just over half of
voting power.
The Ba1 rating on Block's senior unsecured notes, in line with CFR
of Ba1, reflects the fact that the senior unsecured notes are pari
passu with the convertible notes and the unsecured revolving credit
facility.
Block's SGL-1 reflects very good liquidity, supported by cash, cash
equivalents and short-term marketable securities of about $8.7
billion at September 30, 2025. Liquidity is further supported by
Moody's expectations of about $2 billion in free cash flow (before
origination of lending products) in 2026. Block's liquidity is also
supported by its $775 million revolving credit facility, expiring
in 2028 and undrawn at September. In addition, the company has
access to $1.5 billion of warehouse facilities used to fund buy now
pay later (BNPL) receivables, of which about $500 million was drawn
at September.
The stable outlook reflects Moody's expectations for mid-teens
gross profit growth with 1-2 points expansion of EBITDA margin as a
percentage of gross profit (Moody's adjusted) leading to
debt/EBITDA (Moody's adjusted) sustained below 4x.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Block's debt/EBITDA (Moody's
adjusted) is expected to be sustained below 3x, if the company
achieves stronger operating results than anticipated, and if the
company shifts to a more conservative financial policy possibly
with the articulation of a leverage target. The ratings could be
downgraded if Block's debt/EBITDA is expected to be sustained above
4x, operating results are materially weaker than expected, lending
product performance weakens materially, or the company shifts to a
more aggressive financial policy.
Founded in 2009, Block is a financial technology company providing
payments and related financial services to merchants and consumers.
The company's business consists of two principal ecosystems, Square
and Cash App. Revenue was approximately $24.0 billion and gross
profit was approximately $9.8 billion for the LTM period ended
September 30, 2025.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Block's Ba1 rating is two notches below the scorecard-indicated
outcome of Baa2. The two notch differential reflects among other
factors, risks related to the company's lending products.
BLUE BANK: Seeks to Hire Beaman & Bennington as Legal Counsel
-------------------------------------------------------------
Blue Bank Music, LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of North Carolina, Greenville Division to
hire Jennifer K. Bennington of Beaman & Bennington, PLLC to serve
as legal counsel.
Ms. Bennington will provide these services:
(a) give the Debtor and Debtor-in-Possession legal advice with
respect to its powers and duties in these proceedings;
(b) prepare on behalf of the Debtor and Debtor-in-Possession the
necessary applications, answers, orders, reports and other legal
papers;
(c) perform all other legal services for the Debtor and
Debtor-in-Possession which may be necessary herein; and
(d) represent the Debtor and the estate generally throughout the
administration of the Chapter 11 proceeding.
A retainer of $11,000 was paid to Beaman & Bennington, PLLC on
behalf of the Debtor, which included $1,738 for the Chapter 11
filing fee and $8,000 for pre-petition services and expenses. The
remaining balance of $1,262 is held in trust for services to be
provided and approved by the Court.
Jennifer K. Bennington is a disinterested person as contemplated
under Section 327(a) of the Bankruptcy Code.
The firm can be reached at:
Jennifer K. Bennington, Esq.
BEAMAN & BENNINGTON, PLLC
304 Nash Street NE
Wilson, NC 27893
Telephone: (252) 237-9020
Facsimile: (252) 243-5174
E-mail: jbennington@beamanlaw.com
About Blue Bank Music LLC
Blue Bank Music, LLC filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-04559) on
November 14, 2025, listing between $100,001 and $500,000 in assets
and liabilities.
Judge Pamela W. Mcafee presides over the case.
Jennifer K. Bennington, Esq,. at Stephen L. Beaman, PLLC represents
the Debtor as legal counsel.
BRENT COPELAND: Seeks Chapter 7 Bankruptcy in Illinois
------------------------------------------------------
On November 21, 2025, Brent Copeland Electric Services &
Consultants LLC filed for Chapter 7 protection in the Northern
District of Illinois. According to court filings, the Debtor
reports between $0–$100,000 in debt owed to 1–49 creditors.
About Brent Copeland Electric Services & Consultants LLC
Brent Copeland Electric Services is an electrical contracting
company providing a range of residential, commercial, and light
industrial electrical services. The company's work typically
includes electrical installations, wiring, system upgrades,
maintenance, and troubleshooting. Known for practical field
expertise and dependable service delivery, the business serves
clients seeking licensed, compliant, and safety-focused electrical
work.
Brent Copeland Electric Services & Consultants LLC sought relief
under Chapter 7 of the U.S. Bankruptcy Code (Bankr. N.D. Ill., Case
No. 25-18073) on November 21, 2025. In its petition, the Debtor
reports estimated assets of $0–$100,000 and estimated liabilities
of $0–$100,000.
The case is assigned to Honorable Judge Jacqueline P. Cox.
The Debtor is represented by David M. Siegel, Esq. of David M.
Siegel & Associates.
BRUNELLO REALTY: Hires Law Firm of Nicholas B. Bangos as Counsel
----------------------------------------------------------------
Brunello Realty LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Florida to employ Law Firm of Nicholas
B. Bangos, P.A. as counsel to handle its Chapter 11 case.
The firm will be paid at these rates:
Senior Partner $750 per hour
Associates $200 to $400 per hour
Paralegal $100 to $150 per hour
On October 20, 2025, Alexandre Brandstatter, owner and Manager of
the Debtor, paid the firm a retainer of $26,738.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Nicholas Bangos, Esq., disclosed in a court filing that his firm is
a "disinterested person" as that term is defined in Section 101(14)
of the Bankruptcy Code.
The firm can be reached through:
Nicholas B. Bangos, Esq.
Nicholas B. Bangos, PA
2560 RCA Blvd., Suite 114
Palm Beach Gardens, FL 33410
Telephone: (561) 781-0202
Email: nick@nbbpa.com
About Brunello Realty LLC
Brunello Realty LLC is a limited liability company.
Brunello Realty LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-22681) on October 27,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Laurel M. Isicoff handles the case.
The Debtor is represented by Nicholas B. Bangos, Esq. of NICHOLAS
B. BANGOS, PA.
BRUNELLO REALTY: Hires Tosi Real Estate as Real Estate Broker
-------------------------------------------------------------
Brunello Realty LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Florida to employ Tosi Real Estate as
real estate broker.
The firm will market and sell the Debtor's real property, a single
family residence/condominium located at 19575 Collins Avenue, Unit
5, Sunny Isles, Florida 33161.
The firm will be paid a commission of 4 percent of the sales
price.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Filippo Vannucci
Tosi Real Estate
115 Venetian Way Dilido Is.
Miami, FL 33139
Tel: (786) 699-3027
About Brunello Realty LLC
Brunello Realty LLC is a limited liability company.
Brunello Realty LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-22681) on October 27,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Laurel M. Isicoff handles the case.
The Debtor is represented by Nicholas B. Bangos, Esq. of NICHOLAS
B. BANGOS, PA.
BUCKINGHAM SENIOR: Gets Interim OK for DIP Financing From UMB
-------------------------------------------------------------
Buckingham Senior Living Community, Inc. got the green light from
the U.S. Bankruptcy Court for the Northern District of Texas,
Dallas Division, to use cash collateral and obtain post-petition
financing to get through bankruptcy.
At the recent hearing, the court granted the Debtor's motion to
access cash collateral and get post-petition financing on an
interim basis and scheduled a final hearing for December 16.
The financing consists of a $4 million senior secured,
superpriority debtor-in-possession loan from UMB Bank, N.A., which
will be made available in two stages: $1 million immediately upon
entry of the interim order, and the remaining $3 million upon entry
of the final order.
The DIP facility is due and payable on the earliest to occur of:
(a) March 31, 2026;
(b) the closing date of any sale of all or substantially all of the
Debtor's assets pursuant to an order entered by the Court in the
Chapter 11 case;
(c) the acceleration of the DIP Loans and the termination of the
DIP facility by the DIP lender following the occurrence or during
the continuation of an event of default and passing of any
applicable cure periods; or
(d) the effective date of a plan of reorganization or liquidation
for the Debtor in the Chapter 11 case.
The DIP facility will be documented in a DIP Indenture, and the
Debtor seeks authority to execute all related DIP Loan Documents,
incur the associated obligations—including principal, interest,
fees, costs, and other expenses—and take all actions necessary to
implement the DIP financing.
The DIP facility is structured to grant UMB Bank post-petition
liens on substantially all assets of the Debtor and superpriority
administrative expense claims, providing the lender with priority
over other creditors, while also granting adequate protection to
the pre-petition bond trustee and bondholders to preserve their
interests in pre-petition collateral and cash collateral. The
Debtor requests limited modification of the automatic stay to
permit enforcement of remedies under the DIP facility, waivers of
rights under 11 U.S.C. section 506(c) and the "equities of the
case" doctrine, and scheduling of a final hearing to approve the
DIP facility on a permanent basis.
The DIP facility and use of cash collateral are critical for the
Debtor to maintain liquidity during the Chapter 11 case, ensuring
the continuation of operations at the senior living community,
including payment of employee wages and benefits, procurement of
necessary goods and services, funding of administrative and
corporate expenses, and delivery of high-quality care to residents.
Without access to financing, the Debtor risks operational
disruption, cessation of services, and potential liquidation, which
would materially impair value for stakeholders.
The Debtor's pre-petition indebtedness consists of approximately
$168.8 million in outstanding principal and $11.5 million in
accrued interest on Series 2021 Bonds issued under a prior
confirmed Chapter 11 plan. These bonds -- comprising Series
2021A-1, Series 2021A-2, and Series 2021B -- were issued by New
Hope Cultural Education Facilities Finance Corporation and loaned
to the Debtor to fund capital improvements, including refurbishment
of the lobby, renovation of resident units, other designated
capital projects, repayment of resident refund obligations,
reserves, and bankruptcy-related costs. The Series 2021 Bonds are
secured under a master indenture, granting the master trustee a
security interest in substantially all of the Debtor's assets,
including real property, personal property, accounts, revenues, and
certain funds and accounts held by the master trustee. The Debtor
confirms that the DIP facility does not provide for priming of
pre-petition liens or cross-collateralization and does not "roll
up" pre-petition debt.
The Debtors are required to comply with these milestones:
(i) On Thursday of every other week (or such other date as may
be agreed upon by the Parties), the Debtor must make available
representatives reasonably acceptable to the DIP lender and the
trustee for a conference call with the DIP lender, the trustee, the
bondholders, and their respective agents, advisors, and/or
representatives to discuss cash flow, the operations of the
facility, the marketing and sale process and such other information
as reasonably requested by the DIP lender, the trustee or the
bondholders;
(ii) No later than one business day after the petition date,
the Debtor must file a bid procedures and sale motion, in form and
substance acceptable to the trustee, with respect to a sale of
substantially all of the Debtor's assets;
(iii) On or before 35 days after the petition date, one or more
orders (x) approving the bid procedures and (y) granting the
related relief requested in the sale motion, each in form and
substance reasonably acceptable to the trustee, must be entered;
(iv) Each milestone date set forth in the Bid Procedures
Order, which must constitute a Bankruptcy Milestone for purposes of
the Interim Order; and
(v) On or before 35 days after the petition date, the final
order on the motion must be entered.
UMB Bank, as DIP lender, is represented by:
J. Frasher Murphy, Esq.
David L. Staab, Esq.
HAYNES AND BOONE, LLP
2801 N. Harwood St., Suite 2300
Dallas, TX 75201
Telephone: 214.651.5000
Facsimile: 214.651.0517
frasher.murphy@haynesboone.com
david.staab@haynesboone.com
-and-
Daniel S. Bleck, Esq.
Eric R. Blythe, Esq
GLOVSKY AND POPEO, P.C.
One Financial Center
Boston, MA 02111
Telephone: 617.348.4913
Facsimile: 617.542.2241
DSBleck@mintz.com
ERBlythe@mintz.com
About Buckingham Senior Living
Community
The Buckingham Senior Living Community, Inc., a Houston-based
continuing care retirement community (CCRC), filed a voluntary
petition for Chapter 11 protection (Bankr. S.D. Texas Case No.
21-32155) on June 25, 2021, disclosing between $100 million and
$500 million in both assets and liabilities. Michael Wyse, chair
of the board, signed the petition.
The case is handled by Judge Marvin Isgur.
The Debtor tapped McGuireWoods LLP as its lead bankruptcy counsel,
Thompson & Knight, LLP as special counsel, and B. Riley Advisory
Services as financial advisor. Stretto is the claims and noticing
agent.
The U.S. Trustee for Region 7 appointed an official committee of
unsecured creditors in the Debtor's Chapter 11 case on July 12,
2021. The committee is represented by Hunton Andrews Kurth, LLP.
Daniel S. Bleck, Esq., at Mintz, Levin, Cohn, Ferris, Glovsky and
Popeo, P.C., represents UMB Bank, N.A., in its capacity as Bond
Trustee and DIP lender.
2nd Attempt
The Buckingham Senior Living Community, Inc. sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No.
25-80595) on November 17, 2025. In its petition, the Debtor reports
assets and liabilities between $100 million and $500 million.
Honorable Bankruptcy Judge Michelle V. Larson handles the case.
The Debtor is represented by Marcus Alan Helt, Esq. of Mcdermott
Will & Schulte LLP.
BUILT LLC: Seeks Cash Collateral Access
---------------------------------------
Built LLC asks the U.S. Bankruptcy Court for the Middle District of
Florida, Tampa Division, for authority to use cash collateral and
provide adequate protection.
The Debtor, acting as debtor-in-possession, seeks court approval to
use cash, accounts receivable, and operating revenues because
several creditors—Midland Equipment Finance, the U.S. Small
Business Administration, U.S. Bank Equipment Finance, and Verity
Legal Services—may hold blanket liens on its cash, inventory, and
receivables. Their asserted liens arise from multiple UCC-1 filings
between 2020 and 2025, securing debts exceeding $1.3 million. The
Debtor estimates that only $136,777 in cash, $9,888 in collectible
receivables, and $2,000 in inventory secure these claims.
The Debtor needs immediate authority to use this cash collateral to
fund operating and administrative expenses, stressing that
continued access to income is essential to avoid irreparable harm
and preserve business value.
As adequate protection, the Debtor proposes granting post-petition
replacement liens equal in validity and priority to any
pre-petition liens, permitting creditor inspections on 48-hours’
notice, and providing monthly financial reporting.
The Debtor also submits a budget outlining required expenditures
and requests flexibility to exceed any budget line item by up to
10%, or by more if total variances stay within 10% overall.
A copy of the motion is available at https://urlcurt.com/u?l=m4XCpJ
from PacerMonitor.com.
About Built, LLC
Built, LLC, founded in 2013 and based in Tampa, Florida, provides
custom cabinetry, furniture, and architectural millwork for
residential and commercial clients. The Company collaborates with
interior designers, builders, and homeowners to provide design and
fabrication services, with a focus on craftsmanship and attention
to detail. Built operates as a small team delivering tailored
design and construction solutions across the Tampa region.
Built, LLC in Tampa, FL, sought relief under Chapter 11 of the
Bankruptcy Code filed its voluntary petition for Chapter 11
protection (Bankr. M.D. Fla. Case No. 25-08415) on Nov. 10, 2025,
listing $348,465 in assets and $1,785,505 in liabilities. Andrew
Watson as manager, signed the petition.
Judge Catherine Peek McEwen oversees the case.
FORD & SEMACH, P.A. serve as the Debtor's legal counsel.
CADUCEUS PHYSICIANS: Unsecureds Will Get 1.3% in Liquidating Plan
-----------------------------------------------------------------
Caduceus Physicians Medical Group, a Professional Medical
Corporation d/b/a Caduceus Medical Group, and Caduceus Medical
Services, LLC filed with the U.S. Bankruptcy Court for the Central
District of California a Disclosure Statement describing First
Amended Chapter 11 Plan of Liquidation dated November 25, 2025.
CPMG was incorporated in California and founded in November 1998 by
Dr. Gregg DeNicola. CPMG is a multi-specialty medical group with a
wrap-around staff model and was among the largest remaining
doctor-owned medical practices in the Orange County service area.
CPMG provided medical care at its offices in Irvine, Laguna Beach,
and Yorba Linda. Additionally, CPMG operated various urgent care
facilities in Orange County under the trade name PDQ Urgent Care
and More. Among all office locations, CPMG's medical staff provided
125,000 to 130,000 patient visits annually.
The Debtors' pursuit of funding or a sale transaction generated
significant interest from parties with active medical practices in
Orange County. However, to ensure that Debtors were prepared for a
sale transaction, the chapter 11 cases were filed.
On February 5, 2025, the Debtors filed a motion for approval of
sale and bidding procedures for sale of certain tangible and
intangible assets ("Purchased Assets"), used in connection with
Debtors’ medical practices operated at the Debtors' clinic
located at 18200 Yorba Linda Boulevard, Suite 111, Yorba Linda,
California 92886 (the "Clinic," and the medical practices operated
at the Clinic referred to herein as the "Business") ("Bid Procedure
Motion").
Through the Bid Procedure Motion, the Debtors' set forth the
schedule for the marketing, and sale of the Debtors' assets. On
February 12, 2025, the Court entered an order approving the Bid
Procedure Motion ("Bid Procedures Order"). On February 26, 2025,
the Debtors filed a motion to approve the sale under the Bid
Procedures Order ("Sale Motion"), and thereafter, on April 4, 2025,
the Court entered an order approving the Sale Motion ("Sale
Order").
On May 7, 2025, the Court entered an amended Sale Order with Anchor
Medical Group, P.C. ("Anchor Medical") and Anchor Medical
Management, Inc. ("Anchor Management" and collectively with Anchor
Medical, "Anchor") as the back-up bidder ("Amended Sale Order") and
attaching the Asset Purchase Agreement by and among Caduceus
Medical Services, LLC and Caduceus Physicians Medical Group, as
Sellers, and Anchor Medical Group, P.C., and Anchor Medical
Management, Inc., as Buyers, dated May 6, 2025 ("APA") and the
accompanying Interim Administrative Services Agreement ("ASA").
Since the entry of the Amended Sale Order, the sale contemplated
therein successfully closed to Anchor.
Pursuant to the Plan, the Debtors propose an orderly liquidation of
their remaining assets. The Plan provides for the transfer all
assets of the Debtors' Estates into a Liquidating Trust that will
be administered by the Liquidating Trustee.
The Liquidating Trustee will be responsible for administering and
liquidating the assets, including the pursuit and resolution of any
Causes of Action, and making distributions to creditors in
accordance with the terms of the Plan and in accordance with the
distributive priorities of the Bankruptcy Code and the Plan. The
Debtors' assets will be transferred to the Liquidating Trust on the
Effective Date of the Plan.
Class 1 consists of General Unsecured Claims, including the
unsecured deficiency claims of Despierta LLC, Austin Business
Finance LLC dba Backd, LendSpark Corporation, and Rise Health
Services, Inc., Entities known or believed by the Debtors to hold
or otherwise assert Class 2 Claims are identified in the Plan.
Allowed Class 1 Claims will be transferred to the Liquidating
Trust.
Unless otherwise agreed by the Holder of a Class 1 Claim, each
Holder of a Class 1 Claim will be paid pro rata from funds received
by the Liquidating Trust after payment of U.S. Trustee Fees,
Professional Fee Claims, Other Administrative Expense Claims,
Priority Tax Claims, and the expense of administration of the
Liquidating Trust. Class 1 is Impaired.
Based on the scheduled claims in the case, it is expected that the
total Allowed General Unsecured Claims will be approximately
$6,423,136. The Debtors project that approximately $82,246 will be
available to satisfy the Allowed Claims in Class 1 (General
Unsecured Claims). The actual amount distributed to Holders of
Class 1 General Unsecured Claims (and the timing any such
distributions) will vary based on the assets recovered. Holders of
Classes 2 and 3 Interests will not receive a distribution under the
Plan. This Class will receive a distribution of 1.3% of their
allowed claims.
Class 2 consists of Interests in CPMG. The Holder of an Interest in
CPMG is (1) Dr. Michael Hall (who owns 50.0% of the company); (2)
Dr. Dennis Ponzio (who owns 41.38% of the company); and (3) Dr.
Thomas Parsa (who owns 8.62% of the company). On the Effective
Date, all Interests in CPMG shall be cancelled, annulled, and
extinguished and of no further force or effect without any further
action by any party.
Class 3 consists of Interests in CMS. The only Holder of an
Interest in CMS is CPMG. On the Effective Date, all Interests in
CMS shall be cancelled, annulled, and extinguished and of no
further force or effect without any further action by any party.
Holders of Class 3 Interests are not entitled to vote to accept or
reject the Plan because they are deemed to have rejected the Plan
because Class 3 will not receive or retain any property under the
Plan on account of Class 3 Interests in the Debtors.
Pursuant to the Sale Order, the Debtors sold substantially all
assets of the Estates to Anchor. Under the APA. On the Effective
Date, all property of the Estates, including any remaining Cash and
the ERC shall vest in the Liquidating Trustee, on behalf of the
Liquidating Trust, free and clear of all Liens, Claims, and other
interests of creditors and equity security holders.
A full-text copy of the Disclosure Statement dated November 25,
2025 is available at https://urlcurt.com/u?l=iQHxhJ from
PacerMonitor.com at no charge.
Counsel to the Debtors:
David A. Wood, Esq.
Matthew W. Grimshaw, Esq.
Sarah R. Hasselberger, Esq.
MARSHACK HAYS WOOD LLP
870 Roosevelt
Irvine, CA 92620-3663
Tel: (949) 333-7777
Fax: (949) 333-7778
Email: dwood@marshackhays.com
About Caduceus Physicians Medical Group
Caduceus Physicians Medical Group, a Professional Medical
Corporation, d/b/a Caduceus Medical Group, is a physician owned and
managed multi-specialty medical group with locations in Yorba
Linda, Anaheim, Orange, Irvine, and Laguna Beach. It specializes
in primary care, pediatrics, and urgent care.
Caduceus Physicians Medical Group and Caduceus Medical Services,
LLC, filed Chapter 11 petitions (Bankr. C.D. Cal. Lead Case No.
24-11946) on August 1, 2024. The petitions were signed by CRO
Howard Grobstein.
At the time of the filing, Caduceus Physicians reported $1 million
to $10 million in both assets and liabilities while Caduceus
Medical reported up to $50,000 in both assets and liabilities.
Judge Theodor Albert presides over the cases.
David A. Wood, at Marshack Hays Wood, LLP, is the Debtors' legal
counsel.
CALIFORNIA PREMIER: Unsecureds Owed 10K+ to Get 14.65% in 36 Months
-------------------------------------------------------------------
Ronald E. Stadtmueller, court-appointed Chapter 11 Trustee
("Trustee") for California Premier Office Solutions, Inc.,
submitted a First Amended Joint Disclosure Statement in support of
Joint Chapter 11 Plan of Reorganization dated November 25, 2025.
The Debtor is a California corporation formed in 2019. Jesus M.
Varela is the 100% owner and chief executive officer, and he
manages the business on a day-to-day basis.
The Debtor is headquartered in San Diego, and operates an office
furniture installation business, providing services that include,
among other things, office furniture installation, furniture
warehousing, architectural wall installation and office relocation
services.
The Trustee anticipates that the Debtor's business income will be
used to fund the ordinary costs of business operations, including
payroll, maintain business relationships and pay other business
expenses. Failure to make payroll would almost certainly cause the
employees to look elsewhere for work and failure to pay other
expenses essential to its operations would cause irreparable harm.
The Debtor is in no position to borrow any additional funds.
The Plan, at its core, is a true reorganization plan. The Plan is
not a 100-cent-on-the dollar payment plan, with holders of allowed
general unsecured claims being paid pro-rata an estimated fourteen
percent (14.65%) over thirty-six months, if not sooner. The Trustee
estimates there is one secured claim totaling approximately
$347,749.92 (balance as of September 4, 2025) (the SBA, claim no.
19), and priority tax claims totaling about $87,000 (comprised of
the priority tax claims of approximately $59,000 (the IRS, claim
no. 2) and $28,000 (the FTB, claim no. 10)).
Post-confirmation the SBA claim will be paid at the same monthly
rate as currently provided in accordance with the orders approving
their cash collateral stipulations. The term of the note under
which the SBA is entitled to payment is thirty years from May 27,
2020, thus it matures and become fully due and payable in May 2050.
So the Trustee expects that, once the plan has been completed, and
the Debtor emerges from bankruptcy, the Debtor will continue to pay
the SBA under the terms of the note.
The total allowed priority tax claims totaling approximately
$87,000 shall be paid in full from cash on hand by the Debtor no
later than ninety days after the Effective Date. Only after the
Debtor has paid all allowed costs of administration and the
priority tax claims, and assuming the Debtor has net funds
available after paying all ordinary monthly expenses and the
monthly payment to the SBA, may the Debtor begin making pro rata
payments to all allowed general unsecured claims.
To the extent that there is a postconfirmation need to recapitalize
the Reorganized Debtor, which will allow the Debtor to perform the
Plan, Mr. Varela, the Debtor's pre-petition CEO and 100% owner, has
agreed to contribute. The Reorganized Debtor will be funded with
income from operations (after expenses) and loans from Mr. Varela
(to the extent necessary) for the Reorganized Debtor to: (i) make
all payments required to be made on the Effective Date of the Plan
("Effective Date"); and (ii) thereafter make all future payments on
Allowed Claims of creditors as required by the Plan.
Class 3A consists of Allowed General Unsecured Claims $10,000 or
under. This class may include any claims by lessees on leases which
have been rejected. The Trustee estimates that the 7 claims which
make up this class will be paid a total of $24,214.70 if they elect
to be treated in this class. This Class is impaired.
These allowed unsecured Claims shall be paid in full up to either
the full amount of their claim (if the actual claim is less than
$5,000) or $5,000 (if the actual claim is between $5,0001 to
$10,000) by no later than 30 days after the effective date of the
claim. Claims in this class whose allowed amount is between $5,000
$10,000 may receive this $5,000 payment if they elect to so
received it in the space indicated on their ballot. By electing
payment in this class, such creditors agree to waive the balance of
their claims over $5,000. If a claimant listed on Exhibit D does
not elect treatment in this class, then their claim will be treated
as provided in Class 3B.
Class 3B consists of Allowed General Unsecured Claims over $10,000.
This class includes any claims by lessees on leases which have been
rejected. The estimated total of claims in this class (filed and
listed on schedules as undisputed) total $621,908.39. This Class is
impaired.
The allowed unsecured Claims shall be paid, pro rata, approximately
14.65% of their Allowed Claims over the course of thirty-six months
from the Effective Date of the Plan. Such payments will begin only
after the Debtor has paid all allowed costs of administration and
the priority tax claims, and assuming the Debtor has net funds
available after paying all ordinary monthly expenses and the
monthly payment to the SBA, may the Debtor begin making pro rata
payments to all allowed general unsecured claims. If any Class 3A
creditor rejects treatment of its claim in Class 3A, it will be
treated in this class.
Class 7 consists of the Allowed equity interests of the Debtor
existing on the Petition Date. As of the Petition Date, the Debtor
had one shareholder who held 100% of the interest in the Debtor,
Jesus M. Varela. The Allowed equity interests of the Debtor
existing on the Petition Date (if any) shall not receive any
distributions under the Plan until such time as the Debtor
successfully completes the confirmed plan and has paid all senior
classes of creditors in full, with interest (if available).
The Reorganized Debtor will make the distributions required under
the Plan to holders of Allowed Claims by using cash received from
the then-existing cash in the Debtor's bank account, and from
continued post-confirmation operation. The Reorganized Debtor will
pay all Monthly post-confirmation expenses within thirty days of
the date such expenses are due. Monthly expenses include, but are
not limited to professional fees and litigation costs as well as
the ordinary costs of doing business.
A full-text copy of the First Amended Disclosure Statement dated
November 25, 2025 is available at https://urlcurt.com/u?l=3DT14p
from PacerMonitor.com at no charge.
Attorneys for Ronald E. Stadtmueller, Chapter 11 Trustee:
Gary B. Rudolph, Esq.
James P. Hill, Esq.
Kathleen Cashman-Kramer, Esq.
FENNEMORE LLP
600 B Street, Ste. 1700
San Diego, CA 92101
Tel: (619) 233-4100
Fax: (619) 231-4372
Email: grudolph@fennemorelaw.com
About California Premier Office Solutions
California Premier Office Solutions, Inc., is a business
specializing in providing office solutions, which may include
services such as office supplies, equipment leasing, and workspace
management. The company aims to deliver comprehensive solutions to
meet the diverse needs of its clients, ranging from small
businesses to larger enterprises.
California Premier Office Solutions filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. S.D. Cal. Case No.
24-03230) with $1,503,578 in assets and $2,081,389 in liabilities.
John K. Green, president signed the petition.
Judge J. Barrett Marum. presides over the case.
Shana Y. Stark, Esq., represents the Debtor as bankruptcy counsel.
CAPITOL STREET: Gets Final OK to Use Cash Collateral
----------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Indiana
entered a final order authorizing Capitol Street Surgery Center,
LLC to use cash collateral.
The court authorized the Debtor to use cash collateral to operate
and preserve its business strictly in accordance with the budget.
Spending in any budget category may not exceed the allocation by
more than 10%, and net cash flow must remain at least 90% of
projections. Depository institutions were ordered to release funds
necessary for the approved use.
As adequate protection, secured creditors will be granted
replacement liens on post-petition assets with the same scope and
priority as their pre-petition liens. The order reserves all
parties' rights to later challenge the validity, extent, and
priority of liens.
The authority to use cash collateral may terminate if certain
events of default occur, including case dismissal or conversion,
failure to follow the budget, or noncompliance with reporting
obligations.
The Debtor must continue operations in the ordinary course,
maintain insurance, preserve property, and provide financial
reporting, including monthly variance reports.
The final order is available at https://is.gd/D16sBS from
PacerMonitor.com.
A status conference to review performance against the budget is
scheduled for February 9, 2026.
The Debtor represents that its net collectible accounts receivable
as of the petition date were approximately $485,000; its cash was
negligible and inventory was approximately $60,000.
Prior to the petition date, the Debtor's liquidity needs were met
primarily through the daily operation of the business resulting in
the collection of operating revenue. When operations were
critically compromised by the failure of its primary doctor to
maintain regular services and thus generate regular revenue, it
turned to high interest internet lenders for liquidity. The Debtor
has a putative secured transaction with an entity owned and
controlled by Zak Khan, the Debtor's principal, that claims first
priority.
About Capitol Street Surgery Center, LLC
Capitol Street Surgery Center, LLC, based in Indianapolis, Indiana,
operates an independent ambulatory surgery center offering a range
of specialized surgical services, including orthopedic, general,
plastic, and OB/GYN procedures.
Capitol Street Surgery Center, LLC filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Ind.
Case No. 25-06216) on October 12, 2025, listing up to $50,000 in
assets and $1 million to $10 million in liabilities. The petition
was signed by Zak Khan as CEO.
Judge James M Carr presides over the case.
KC Cohen, Esq. at KC Cohen, Lawyer, PC represents the Debtor as
counsel.
CARDON SALES: Seeks Chapter 7 Bankruptcy in Louisiana
-----------------------------------------------------
On November 21, 2025, Cardon Sales Company LLC filed for Chapter 7
protection in the Western District of Louisiana. According to court
filings, the Debtor reports between $1 million and $10 million in
debt owed to 1–49 creditors.
About Cardon Sales Company LLC
Cardon Sales Company LLC is a privately held firm delivering
industrial and energy-sector supplies across the Gulf Coast
Cardon Sales Company LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. W.D. La., Case No. 25-51084) on November
21, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities in the
same range.
Honorable Bankruptcy Judge John W. Kolwe handles the case.
The Debtor is represented by David Patrick Keating, Esq.
CARHAVEN INC: Section 341(a) Meeting of Creditors on Dec. 31
------------------------------------------------------------
On November 24, 2025, Carhaven Inc. sought Chapter 11 protection in
the District of Maryland. According to court filings, the Debtor
reports between $1 million and $10 million in debt owed to 1–49
creditors.
A meeting of creditors under Section 341(a) to be held on December
31, 2025 at 10:00 AM via Conference Call - Chapter 11 Baltimore:
Phone number 1-888-330-1716, Access Code 6624329#.
About Carhaven Inc.
Carhaven, Inc. operates a used vehicle dealership in Millersville,
Maryland, offering pre-owned cars, trucks, and SUVs to retail
customers in the region.
Carhaven Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Md., Case No. 25-21081) on November 24, 2025. In
its petition, the Debtor reports estimated assets of $0–$100,000
and estimated liabilities of $1 million–$10 million.
Honorable Judge Nancy V. Alquist handles the case.
The Debtor is represented by Craig Palik, Esq. of McNamee Hosea.
CARING FOR YOU: Hires Tydings & Rosenberg as Special Counsel
------------------------------------------------------------
Caring For You Assisted Living, LLC seeks approval from the U.S.
Bankruptcy Court for the District of Maryland to employ Tydings &
Rosenberg as special litigation counsel.
The Debtor needs the firm's legal assistance in connection with the
complaint investigations at the living facility, Caring for You II,
conducted by the State of Maryland Department of Health, Office of
Health Care Quality.
The firm will be paid at the rate of $470 per hour.
Mr. Stillman disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Ferrier R. Stillman, Esq.
Tydings & Rosenberg LLP
1 East Pratt Street, Suite 901
Baltimore, MD 21202
Tel: (410) 752-9700
Email: fstillman@tydings.com
About Caring For You Assisted Living, LLC
Caring For You Assisted Living LLC is a healthcare provider
operating multiple assisted living facilities in Baltimore,
Maryland.
Caring For You Assisted Living LLC sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Md. Case No.
25-13464) on April 18, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $100,000 and $500,000
each.
The Debtor is represented by Aryeh E. Stein, Esq. at Meridian Law,
LLC.
CARZONE AND AUTO: Hires Nathaniel J. Webb III as Legal Counsel
--------------------------------------------------------------
Carzone and Auto Brokers LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Virginia to employ
Nathaniel J. Webb, III as counsel.
The firm will provide these services:
a. prepare the petition, lists, schedules and statements
required by 11 U.S.C. §521; the pleadings, motions, notices and
orders required for the orderly administration of the estate and to
ensure the progress of this case; and to consult with and advise
the Debtor in the reorganization of its financial affairs and/or
the liquidation of its assets;
b. prepare for, prosecute, defend, and represent the Debtor's
interests in all contested matters, adversary proceedings, and
other motions and applications arising under, arising in, or
related to this case;
c. advise and consult concerning administration of the estate in
this case, concerning the rights and remedies with regard to the
Debtor's assets; concerning the claims of administrative, secured,
priority, and unsecured creditors and other parties in interest;
d. investigate the existence of other assets of the estate; and,
if any exist, to take appropriate action to have the same turned
over to the estate; and
e. prepare a Disclosure Statement and Plan of Reorganization for
the Debtor, and negotiate with all creditors and parties in
interest who may be affected thereby; to obtain confirmation of a
Plan of Reorganization, and perform all acts reasonably calculated
to permit the Debtor to perform such acts and consummate a Plan of
Reorganization.
The firm received from the Debtor a retainer of $3,262, plus $1,738
filing fee.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Mr. Webb, III disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Nathaniel J. Webb, III
708-C Thimble Shoals Blvd
Newport News, VA 23606
Tel: (757) 240-4300
Fax: (757) 240-4308
About Carzone and Auto Brokers LLC
Carzone and Auto Brokers LLC, filed a Chapter 11 bankruptcy
petition (Bankr. E.D. Va. Case No. 25-51096-FJS) on Nov. 18, 2025.
The Debtor hires Nathaniel J. Webb, III as counsel.
CASTILLO GRAND: Employs GrayRobinson P.A. as Special Counsel
------------------------------------------------------------
Castillo Grand seeks approval from the U.S. Bankruptcy Court for
the Southern District of Florida to hire Jack R. Reiter, Esq. of
GrayRobinson, P.A. to serve as special counsel.
Mr. Reiter will provide these services:
(a) serve as state counsel in the Pending Appeal, Castillo Grand
Hotel Condominium Residences Association, Inc. v. Watermark Capital
Partners, LLC, et. al., Case No. 4D2025-1718;
(b) provide legal representation in post judgment enforcement
actions related to the Debtor, previously commenced before the
filing of the bankruptcy case.
Jack Reiter and Sydney D'Angelo will perform most of the legal work
on this matter and serve as lead attorneys. Mr. Reiter's current
rate is $725.00 per hour, and Ms. D'Angelo's current rate is $425
per hour.
As of the Petition Date, Proposed Counsel is holding $8,688 which
will only be applied against fees and costs incurred upon Court
approval.
GrayRobinson, P.A. is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Jack R. Reiter, Esq.
GRAYROBINSON, P.A.
333 SE 2nd Avenue, Suite 3200
Miami, FL 33131
Telephone: (305) 416-6880
Facsimile: (305) 416-6887
E-mail: Steven.Solomon@gray-robinson.com
About Castillo Grand Hotel Condominium
Residences Association, Inc.
Castillo Grand Hotel Condominium Residences Association, Inc. is a
Florida-based not-for-profit corporation that manages property
operations and resident affairs at 1 North Fort Lauderdale Beach
Boulevard in Fort Lauderdale, overseeing the Castillo Grand Hotel
Residences condominium complex.
Castillo Grand Hotel Condominium Residences Association, Inc. in
Fort Lauderdale, FL, sought relief under Chapter 11 of the
Bankruptcy Code filed its voluntary petition for Chapter 11
protection (Bankr. S.D. Fla. Case No. 25-23247) on Nov. 7, 2025,
listing $500,000 to $1 million in assets and $1 million to $10
million in liabilities. Bruno R. Mazzotta signed the petition as
president, signed the petition.
TRIPP SCOTT, P.A. serve as the Debtor's legal counsel.
CDR TRANS: Court Orders Appointment of Chapter 11 Trustee
---------------------------------------------------------
Judge Dennis Montali of the U.S. Bankruptcy Court for the Northern
District of California directed the U.S. Trustee to appoint a
Chapter 11 trustee for CDR Trans, LLC.
Judge Montali further ordered that CDR Trans pay wages to all
employees earned post-petition. Pre-bankruptcy wages cannot be paid
without further order by the court.
A copy of the order is available for free at
https://urlcurt.com/u?l=4VQGRJ from PacerMonitor.com.
About CDR Trans LLC
CDR Trans, LLC offers freight transportation services in the U.S.,
operating trucks to move general goods, with its headquarters in
South San Francisco, California.
CDR Trans sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Calif. Case No. 25-30895) on October 30, 2025,
with $100,000 to $500,000 in assets and $1 million to $10 million
in liabilities. Christopher H. Dela Rosa, chief executive officer
of CDR Trans, signed the petition.
Judge Dennis Montali oversees the case.
Arasto Farsad, Esq., at Farsad Law Office, P.C. represents the
Debtor as bankruptcy counsel.
CEMTREX INC: Signs Agreement to Acquire Invocon in $7MM Deal
------------------------------------------------------------
Cemtrex, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that on November 13, 2025, the
Company entered into a Share Purchase Agreement with Karl F.
Kiefer, an individual resident of Texas, and Invocon, Inc., a Texas
corporation for the purchase of Invocon.
The Company expects to complete the transaction on or around
January 1, 2026, and is contingent on customary closing conditions.
The Agreement is for the purchase of 100% of the issued and
outstanding shares of Invocon for the purchase price of
$7,060,000.
Invocon is a systems-engineering firm located near Houston, Texas.
Invocon provides turnkey solutions for demanding applications in
extreme environments for aerospace, defense, and civil structure
monitoring.
Invocon has a team of engineers and technicians who research,
develop, and produce systems that are supplied to major
corporations, government entities, and universities. Upon the
completion of this acquisition, Cemtrex plans to establish a new
segment for reporting, Aerospace & Defense.
The Buyer may be reached through:
Cemtrex Inc.
135 Fell Ct
Hauppauge, N.Y. 11788
Attention: Saagar Govil, Chairman & CEO
Email: sgovil@cemtrex.com
The Seller may be reached through:
Karl F. Kiefer, President
Invocon, Inc.
19221 IH 45 S.
Conroe, Texas 77385
A full-text copy of the Share Purchase Agreement is available at
https://tinyurl.com/4t9bdvp2
About Cemtrex
Cemtrex, Inc. was incorporated in 1998 in the state of Delaware and
has evolved through strategic acquisitions and internal growth into
a multi-industry Company.
Jericho, New York-based Grassi & Co, CPAs, P.C., the Company's
auditor since 2021, issued a "going concern" qualification in its
report dated Dec. 30, 2024, citing that the Company has sustained
net losses and has significant short-term debt obligations, which
raise substantial doubt about its ability to continue as a going
concern.
As of June 30, 2025, the Company had $46,960,823 in total assets
and $43,108,827 in total liabilities. Total equity was $3,851,996,
consisting of $3,617,758 in Cemtrex stockholders' equity and
$234,238 in non-controlling interest.
CENTRAL JUNCTION: Hires Marcus D. Ward PLLC as Legal Counsel
------------------------------------------------------------
Central Junction, LLC seeks approval from the U.S. Bankruptcy Court
for the Wester District of Tennessee to employ Marcus D. Ward, PLLC
as counsel to handle its Chapter 11 case.
The firm will be paid at these rates:
Attorneys $250 per hour
Paraprofessionals $100 per hour
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Mr. Ward disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Marcus D. Ward, Esq.
Marcus D. Ward, PLLC
3385 Airways Blvd., Suite #229
Memphis TN 38116
Tel: (901) 661-1811
Email: MDWard@mdwpllc.com
About Central Junction, LLC
Central Junction, LLC is classified as a single-asset real estate
debtor under Section 101(51) of the U.S. Bankruptcy Code.
Central Junction, LLC in Memphis TN, sought relief under Chapter 11
of the Bankruptcy Code filed its voluntary petition for Chapter 11
protection (Bankr. W.D. Tenn. Case No. 25-25292) on Oct. 15, 2025,
listing as much as $1 million to $10 million in both assets and
liabilities. Marion Threatt as member, signed the petition.
Judge Denise E Barnett oversees the case.
MARCUS D. WARD, PLLC serve as the Debtor's legal counsel.
CFN ENTERPRISES: Reports $433,796 Net Loss in 2025 Q3
-----------------------------------------------------
CFN Enterprises Inc. filed with the U.S. Securities and Exchange
Commission its Quarterly Report on Form 10-Q reporting a net loss
of $433,796 for the three months ended September 30, 2025, compared
to a net income of $972,900 for the three months ended September
30, 2024.
For the nine months ended September 30, 2025, the Company reported
a net loss of $5,231,262, compared to a net loss of $926,009 for
the same period in 2024.
Net revenues for the three months ended September 30, 2025 and
2024, were $6,645,241 and $6,771,741, respectively. For the nine
months ended September 30, 2025 and 2024, the Company had net
revenues of $31,222,344 and $16,510,295, respectively.
As of September 30, 2025, the Company had $5,527,251 in total
assets, $28,243,714 in total liabilities, and $22,716,463 in total
stockholders' deficit.
As of September 30, 2025, the Company had $102,324 in unrestricted
cash and $7,550,716 in notes payable.
The Company had a working capital deficit of $24,352,182 and an
accumulated deficit of $84,393,485 as of September 30, 2025.
Management's plan to continue as a going concern includes raising
capital in the form of debt or equity, growing its existing
business acquired under the Ranco Agreement, growing the J Street
Business, managing and reducing operating and overhead costs and
continuing to pursue strategic transactions and opportunities
including launching an e-commerce network focused on the sale of
general wellness CBD, products.
These matters, among others, raise substantial doubt about the
ability of the Company to continue as a going concern.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/msvdrd3n
About CFN Enterprises Inc.
CFN Enterprises Inc owns and operates as a media agency. The
Company offers creative and media network solutions for cannabis
industry. CFN Enterprises serves customers in the United States.
As of June 30, 2025, the Company had $7,064,876 in total assets,
$29,692,543 in total liabilities, and a total stockholders' deficit
of $22,627,667.
Los Angeles, Calif.-based RBSM 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 will require
additional capital to continue as a going concern. This raises
substantial doubt about the Company's ability to continue as a
going concern.
CHAINCE DIGITAL: Institutional Holdings Expand After Rebrand
------------------------------------------------------------
Chaince Digital Holdings Inc. announced on Nov. 18, 2025, that
recent institutional ownership reports filed with the U.S.
Securities and Exchange Commission show growing participation from
a broad range of global asset managers, hedge funds, banks and ETF
sponsors.
A review of the most recent Form 13F filings from October and
November 2025, compared with prior periods, reflects an expansion
in both the number and diversity of institutions reporting
positions in Chaince Digital. Filers showing increased or newly
reported holdings include BlackRock, Inc., State Street
Corporation, Mirae Asset Global ETFs Holdings Ltd., UBS Group AG,
Northern Trust Corporation, and other global asset managers.
Both new filers and additional positions from existing institutions
contributed to the increase in institutional exposure. Although
these acquisitions may be primarily mechanical, reflecting
index-related or passive investment activity, and should not be
viewed as a strategic endorsement of the Company, Chaince Digital
views the expanding institutional presence as an acknowledgment of
its ongoing transformation.
The Company also previously announced its rebranding from Mercurity
Fintech Holding Inc. to Chaince Digital Holdings Inc. and the
change of its Nasdaq ticker symbol from "MFH" to "CD," which became
effective on November 13, 2025. The rebranding reflects Chaince
Digital's evolution into an integrated platform focused on
tokenization, on-chain innovation, and regulated capital markets
solutions, anchored by its wholly-owned broker-dealer subsidiary,
Chaince Securities, LLC, and its AI/HPC infrastructure
initiatives.
"We are pleased to see continued interest from a wide range of
institutional investors, from global index providers to thematic
ETFs and specialist hedge funds," said Shi Qiu, Chief Executive
Officer of Chaince Digital Holdings Inc. "As we execute on our
strategy in tokenized real-world assets, regulated brokerage, and
AI-driven infrastructure, our goal is to build a business that can
meet the due diligence standards of sophisticated institutions
while delivering long-term value for all shareholders."
About Chaince Digital Holdings Inc.
(formerly Mercurity Fintech Holding Inc.)
Chaince Digital Holdings Inc. -- http://www.chaincedigital.com/--
(Nasdaq: CD, effective November 13, 2025) is a fintech group
powered by blockchain infrastructure, offering technology and
financial services. Through its subsidiaries, including Chaince
Securities, LLC, Chaince Digital Holdings Inc. aims to be an
industry leader in tokenization and on-chain innovation solutions,
offering services spanning digital assets, financial advisory, and
capital markets solutions.
In an audit report dated April 30, 2025, the Company's auditor,
Onestop Assurance PAC, issued a "going concern" qualification,
citing that at Dec. 31, 2024, the Company has incurred recurring
net losses of $4.5 million and negative cash flows from operating
activities of $3.6 million and has an accumulated deficit of $680
million, which raise substantial doubt about its ability to
continue as a going concern.
As of Dec. 31, 2024, Mercurity Fintech Holding had $35.69 million
in total assets, $11.60 million in total liabilities, and $24.09
million in total shareholders' equity.
CHARLIE'S HOLDINGS: Reports $624,000 Net Income in 2025 Q3
----------------------------------------------------------
Charlie's Holdings, Inc. filed with the U.S. Securities and
Exchange Commission its Quarterly Report on Form 10-Q reporting a
net income of $624,000 for the three months ended September 30,
2025, compared to a net loss of $1,022,000 for the three months
ended September 30, 2024.
For the nine months ended September 30, 2025, the Company reported
a net income of $4,368,000, compared to a net loss of $3,034,000
for the same period in 2024.
Product net revenues for the three months ended September 30, 2025
and 2024, were $7,084,000 and $1,624,000, respectively. For the
nine months ended September 30, 2025 and 2024, the Company had
revenues of $11,934,000 and $6,718,000, respectively.
As of September 30, 2025, the Company had $10,558,000 in total
assets, $7,319,000 in total liabilities, and $3,239,000 in total
stockholders' equity.
For the nine months ended September 30, 2025, the Company's revenue
increased, the Company generated a loss from operations of
approximately $2,042,000, and a consolidated net income of
approximately $4,368,000. Net cash used in operating activities was
approximately $6,172,000.
During the nine months ended September 30, 2025, the Company's
working capital was increased to $3,079,000 from a deficit of
$1,855,000 as of December 31, 2024.
Given these factors, remains a substantial doubt about the
Company's ability to continue as a going concern.
During the nine months ended September 30, 2025, the Company
entered into and closed an Asset Purchase Agreement and subsequent
amendment with R.J. Reynolds Vapor Company pursuant to which the
Buyer purchased 16 of the Company's PACHA synthetic products and
related assets that are covered by a premarket tobacco application
first submitted by the Company in 2022.
The combined purchase price for the Assets was $6.5 million paid at
closings in April and May 2025, and an additional $1.0 million paid
at closings in August 2025, plus a contingent one-time payment of
up to $4.2 million based on product sold by the Buyer during the
one-year following the first day of commercialization of the
Assets. These asset sales have substantially improved the Company's
debt and working capital short-term concerns, and the Company's
cash position.
Charlie's Holdings said, "Our plans and growth depend on our
ability to increase revenues, procure cost-effective financing, and
continue our business development efforts."
"The Company may require additional financing in the future to
support the development of new product categories as well as
general operations. There can be no assurance that additional
financing will be available on acceptable terms, or at all, and
there can be no assurance that any such arrangement, if required or
otherwise sought, would be available on terms deemed to be
commercially acceptable and, in the Company's best interests.
"The financial statements do not include any adjustments to the
carrying amount and classification of recorded assets and
liabilities should the Company be unable to continue operations. If
we do not have sufficient funds to continue operations, we could be
required to seek bankruptcy protection or other alternatives that
would likely result in our stockholders losing some or all their
investment in us."
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/4pxzyxhs
About Charlie's Holdings
Charlie's Holdings, Inc. formulates, markets, and distributes
nicotine-based and alternative alkaloid vapor products through its
subsidiary. Its products are manufactured by contract partners and
sold via specialty retailers, distributors, and online resellers
across the United States and select international markets.
As of June 30, 2025, the Company had $5.98 million in total assets,
$3.79 million in total liabilities, and $2.19 million in total
stockholders' equity.
In an audit reported dated May 29, 2025, Urish Popeck & Co., LLC
issued a "going concern" qualification citing that the Company has
incurred significant operating losses, negative cash flows from
operations, and has an accumulated deficit. The Company is
dependent on its ability to increase revenues and obtain financing
to continue operations. These conditions raise substantial doubt
about the Company's ability to continue as a going concern.
CHESAPEAKE HOME: Seeks Subchapter V Bankruptcy in Maryland
----------------------------------------------------------
On November 24, 2025, Chesapeake Home Health Care Inc. sought
Chapter 11 protection in the District of Maryland. According to
court filings, the Debtor reports between $1 million and $10
million in debt owed to 1–49 creditors.
About Chesapeake Home Health Care Inc.
Chesapeake Home Health Care, Inc. provides professional home health
services in Maryland, including Charles, Prince George's,
Montgomery, Calvert, St. Mary's, Howard, Baltimore, and Anne
Arundel counties, through teams of skilled nurses, caregivers, and
administrators. The Company offers a range of services such as
skilled nursing care, pediatric care, personal care, senior and
companionship care, private duty nursing, and respite care,
delivering care in clients' homes. Its operations emphasize
patient safety, infection control, and clinical quality management
to support continuous care and reduce the risk of
re-hospitalization.
Chesapeake Home Health Care Inc. sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Md., Case No.
25-21083) on November 24, 2025. In its petition, the Debtor reports
estimated assets of $100,001–$1,000,000 and estimated liabilities
of $1 million–$10 million.
The case is handled by the Honorable Judge Maria Ellena
Chavez-Ruark.
The Debtor is represented by Steven H. Greenfeld, Esq., Law Offices
of Steven H. Greenfeld, LLC.
CIPHER COMPUTE: Fitch Assigns 'BB-' LongTerm IDR, Outlook Stable
----------------------------------------------------------------
Fitch Ratings has assigned Cipher Compute LLC a 'BB-' Long-Term
Issuer Default Rating (IDR). Fitch has also assigned the company's
$1.4 billion senior secured notes and additional project
expansion's $333 million senior secured notes a 'BB-' rating with a
Recovery Rating of 'RR3'. The Rating Outlook is Stable.
RATING RATIONALE
The 'BB-' rating reflects Fitch's view of elevated completion risk
for Barber Lake, a 300 MW (Phase 1: 244 MW + Phase 2 expansion: 56
MW) data center under construction by Cipher Compute LLC. Although
the scope is relatively straightforward, the project remains in the
early construction phase and has not fully locked in a price with
its contractor, Quanta Infrastructure Solutions Group, LLC (a
subsidiary of Quanta Services Inc., rated BBB/Stable by Fitch),
exposing it to cost escalation risks.
The independent engineer (IE) notes the budget, including
contingencies, is below industry benchmarks, indicating the
expected cost efficiencies are unproven. The roughly one-year
implementation schedule for Phase 1 is aggressive and offsets the
benefits of lower complexity.
Mitigants include Quanta's role as the contractor, its strong
experience in digital and energy infrastructure, and firm
commitments for a significant portion of long-lead equipment by the
project. The IE acknowledges the schedule is aggressive but views
it as achievable given secured production slots for long lead
equipment, offsite fabrication, and an experienced team.
Labor availability is a risk amid rising regional demand. However,
the IE believes modular strategies such as prefabrication of key
systems can enable parallel construction and diversify work across
multiple labor markets. This would support a 12-month delivery with
a target completion date (TCD) of Sept. 30, 2026 (Phase 1). The IE
also views on-budget completion as likely.
The outside completion date permits up to a six-month delay. Any
further delay in any outstanding phase could trigger lease
termination without compensation and the loss of the tenant's
revenue streams from Fluidstack, as well as support under the
Google agreements that back Fluidstack's lease obligations. Delays
may also generate rent credits. However, a six-month debt service
reserve, fully funded at financial close, provides some liquidity
to absorb delay costs and late-delivery credits applied against
base rent once the lease begins.
The project recently announced a 56MW expansion via a new data hall
at the existing facility. The expansion introduces incremental
completion risk; delays beyond the six-month outside date would
allow the tenant to terminate the lease for any outstanding phase
without compensation and end backstop support under the Google
agreement. However, these risks are mitigated by the reuse of the
validated Barber Lake design and the limited scope of expansion
within the same facility. The four additional months in the
construction schedule and a staggered delivery profile with Phase
2's TCD on Jan. 31, 2027, also mitigate the schedule risk. The IE
indicates that leveraging the established design compresses
engineering, accelerates procurement and vendor readiness, and
provides a schedule advantage.
Management reports that 84% of long lead items for both phases have
been secured. According to the IE, Cipher Compute's scaled design
and stable supply chain, including an uninterrupted vendor
transition from the initial phase to expansion manufacturing,
positions the expansion for on-time delivery.
Despite the IE's views for both phases, Fitch still considers
completion risk elevated due to the project's early construction
status and additional expansion. Fitch will continue to monitor
progress.
During the operating phase, both the project and expansion benefit
from Google's backstop. If Fluidstack defaults or files for
bankruptcy, Google is expected to assume Fluidstack's lease
obligations or make termination payments sufficient to repay total
outstanding debt, materially reducing downside risk. Cipher Mining
Inc., the parent and operator, runs two wholly owned bitcoin mining
data centers in Texas with similar capacities to Barber Lake,
although these are not built for high performance computing
workloads.
The IDR is equalized with the debt facilities' ratings, given their
equal senior position and lack of other subordinate liabilities.
Fitch has also assigned a Recovery Rating of 'RR3'.
KEY RATING DRIVERS
Completion Risk - Weaker
Fitch's assessment reflects a straightforward data center build and
the involvement of an experienced construction partner, Quanta
Infrastructure Solutions Group, LLC. These strengths are offset by
the lack of a fixed-price construction contract for a budget that
is below benchmarks even after contingencies, by a tight about
one-year implementation schedule, and incremental construction risk
due the 56 MW expansion. Quanta's involvement provides
risk-transfer benefits, but the construction price will be locked
in only through a progressive guaranteed maximum price (GMP) to be
finalized and executed under the existing master EPC agreement as
design and construction advance.
In addition, owner-furnished equipment makes up more than 50% of
the construction contract price and is outside the contractor's
scope and exposed to cost-overrun and trade-tariff risks. Several
major equipment packages are sourced from Mexico (chillers, main
power transformers, CRAHs) and South Korea (MV switchgear), and
could be affected by tariffs. The project's relatively remote Texas
location may also constrain labor availability and pressure the
aggressive one-year construction schedule on Phase 1.
These cost-escalation risks are mitigated by the IE's positive view
of supply-chain alignment, early manufacturer engagement, and
design efficiency. For the owner-furnished equipment, management
confirmed that 84% of long-lead items for both the initial phase
and expansion have firm commitments, and the budget includes
suitable tariff contingency on equipment cost. Management confirms
that no permits are required for construction in this region of
Texas.
Per the IE, the 56MW expansion leverages the validated Barber Lake
design to cut engineering from 12-16 weeks to a few weeks, pulling
forward procurement, submittals, and vendor readiness to deliver a
schedule advantage. The IE notes that a 10week float between the
early floor access (EFA) for the four data halls (Phase 1) and the
fifth data hall (Phase 2), coupled with vendors' confirmed
uninterrupted transition, mitigate manufacturing, construction, and
site readiness risks for Phase 2. The outside completion date, six
months beyond the target, provides an above-average schedule
cushion. However, breaching this date for any outstanding phase
could result in lease termination without compensation.
The IE acknowledges the schedule is aggressive but believes it is
achievable given secured long-lead production slots, modular
construction and prefabrication strategies, and an experienced
team. Despite a six-month debt service reserve, available during
construction which can cover debt service costs during potential
delays, it is not fully sufficient to cover all potential rent
credits for delayed delivery.
Operation Risk - Midrange
The 'Midrange' operating risk assessment reflects a clear modified
gross plus electric (MG+E) cost framework, with electricity costs
passed through to the tenant and the landlord responsible for
maintaining core building systems to high uptime and reliability
standards calibrated for AI training.
Redundancy is provided by on-site generators and uninterruptable
power supply backed critical power with lithium-ion batteries.
Although Cipher Mining (operator) has been operating two wholly
owned bitcoin mining data centers in Texas, Fitch views their
experience as relatively modest compared to other experienced data
center developers operating high-performance computing data
centers.
Supply Risk - Stronger
The site is fully energized with 300MW of approved interconnection
and has entered agreements necessary to participate in the Electric
Reliability Council of Texas (ERCOT) market for both the initial
phase and expansion. According to management, no additional
transmission infrastructure is required to secure power. The site
features a newly constructed and energized high-to-mid voltage
substation. The project will be upgrading the existing substation
to N+1 redundancy and adding two transformers to align with
tenant's requirements.
The transformers are scheduled for delivery in December 2025 for
both the initial and expansion phases. The reliability at this
voltage level is strong and force majeure-related power
interruptions do not constitute SLA breaches, highlighting the
project's ability to meet service requirements supported by the
presence of on-site generators. The project has access to favorable
waterflow rates that support multiple cooling applications.
Revenue Risk - Composite - Stronger
Revenues are fully contracted under a 10-year MG+E lease, with two
five-year extension options, covering the project's 168MW critical
IT load (244MW gross capacity) as well as the additional expansion
of 39MW IT load (50MW gross). While the amended and restated (A&R)
lease is with unrated tenant, Fluidstack, this is mitigated by
Google's recognition agreement and financial support agreement. The
agreements require Google to assume the leases (in case it is not
able to find a replacement tenant in 90 days) or pay termination
fees sized to cover outstanding debt under defined conditions in
case Fluidstack defaults or enters into bankruptcy.
The Google lease backstop under the amended lease recognition
agreement will become effective on the facility's Phase 1's
commencement date under the Fluidstack lease. It will cover total
outstanding debt, including additional notes for the expansion.
If Google choses to assume the lease, it will, for the first 90
months, pay the lesser between base rent or modified rent which
covers at least the sum of the costs to operate the facility and
applicable financing costs including principal and interest. This
modified rent mechanism will not apply to Barber Lake expansion
phase lease; standard base rent will apply. Mandatory amortization
and lockbox controls reinforce cash flow certainty and deleveraging
within the initial term, and Google's investment in Cipher Mining
Inc. underscores the asset's strategic importance.
The project is in Mitchell County, Texas (approximately 250 miles
West of Dallas) off Interstate 20 highway near Colorado City. It
benefits from diverse fiber routes to major metropolitan areas with
low latency to major metro areas, including Dallas, Houston, Austin
and San Antonio, and high bandwidth.
Infrastructure Dev. & Renewal - Stronger
Once constructed, the project and expansion will comprise a newly
built data center with a total of 207 MW of critical IT load for
High-Performance Computing (HPC) data center operations. Electrical
and mechanical systems are designed with N+1 redundancy, ensuring
concurrent maintainability while maintaining full operational
capacity during maintenance or single failure conditions. Landlord
obligations require diligent operation and upkeep of core
infrastructure.
Maintenance exposure is moderated by efficient design, permanent
generator backup, and a lease framework that allocates computing
hardware maintenance to the tenant while the landlord maintains the
building and essential services. Most major mechanical and
electrical components have useful lives of longer than 10 years.
Major replacements typically occur after the debt repayment period,
thereby offsetting the absence of a major maintenance reserve.
Technological obsolescence risk is limited because debt fully
amortizes within the 10 years of Google backstop.
Debt Structure - 1 - Weaker
The issuance is $1.733 billion of senior secured notes due 2030,
secured by a first-priority lien on all assets, contracts, grid
connections and cash flows, and supported by Google's recognition
agreements and financial support agreement. Debt service liquidity
includes a $140 million debt service reserve account funded at
closing and sized to six months of debt service, in addition to
funded interest during construction.
In case of payment default or bankruptcy by the tenant, lease or
termination payments by Google are deposited into agent-controlled
lockbox accounts, mitigating exposure due to claw-back actions
under insolvency or bankruptcy of the tenant. The payments flow
through a cash waterfall that prioritizes operating expenses and is
followed by mandatory amortization and interest payments. Exposure
to refinancing risk in 2030 is mitigated by Google support for ten
years, which is adequate to amortize the debt fully during this
term.
The structure has a fixed interest rate and includes distribution
controls, debt-incurrence limits, separateness requirements and
adequate covenants. These include negative covenants preventing the
borrower from commingling funds with the parent or guaranteeing the
parent's obligations. The financing documents require the borrower
to operate as a special-purpose entity with no business other than
developing and operating the project, though it may pursue other
comparable data center projects.
There are clauses permitting the issuer to pursue M&A and invest in
joint ventures, which is an atypical and weaker feature versus
other project finance structures. However, any M&A activity or
investment in joint ventures cannot increase senior debt beyond the
capacity supported under the Google's support agreements, which
partly mitigates the risks. Under the recognition agreement,
defined conditions require Google to assume the lease or pay a
termination fee sized to cover outstanding senior debt.
The project continues to have ability to raise incremental debt for
an additional project. However, if such debt is raised, the
principal amount must be backed by a qualified backstop that is
substantially similar to the existing backstop and provided by a
counterparty rated at least as highly as Google by any rating
agency. The restricted payment test is not linked to requirements
to maintain any specific coverage ratios.
Financial Profile
The operating phase financial profile is strong, with an average
DSCR of 1.40x over the initial lease term (2026-2036) and a PLCR at
maturity (2030) of 1.60x under Fitch's rating case, which
incorporates stressed operating costs and escalation. Coverage
ratios are improving due to the expansion higher lease rate
compared to the initial phase rate. Google's backstop, together
with a fully funded six-month debt service reserve, provides
additional credit enhancement. While these metrics are consistent
with a higher rating, the rating remains constrained by completion
risk, lack of an operational track record in relation to high
performance computing data centers and the project's ability to
raise additional debt for an expansion or additional project.
PEER GROUP
WULF Compute, LLC (BB/Stable) is a comparable publicly rated peer
developing a 450MW data center at the Lake Mariner campus in
western New York state. The rating is constrained by completion
risk and a limited operating track record, with additional risks
from the absence of a fixed-price construction contract and an
aggressive schedule. The project has MG+E lease with Fluidstack for
10 years, with two five-year extension options, and benefits from
Google's backstop during the operating phase, which is expected to
cover Fluidstack's lease obligations or termination payments
sufficient to repay outstanding debt in the event of a Fluidstack
default or bankruptcy.
The financial profile is strong, with an average DSCR of 1.26x over
the initial debt term (2026-2035) and a PLCR at maturity (year
five) of 1.70x under Fitch's rating case, which incorporates
stressed operating costs and escalation. However, operating track
record is relatively modest with only one of the smaller HPC data
centers operational.
Cipher compute faces similar completion risk. It lacks a
fixed-price contract, and the construction schedule is aggressive.
The scope includes generator installation, and rent credits are
linked to early access instead of target completion date. WULF has
two other smaller HPC operating data centers that could provide
liquidity during the construction. Cipher benefits from a 10-year
initial lease term with Fluidstack and a Google backstop mechanism
during the operating phase to cover Fluidstack's obligations under
the lease.
Cipher operating revenues depend on one site including the initial
phase and expansion, while WULF has three sites with staggered
completion, each with its own backstop. The financial profile
remains strong, but weaker than WULF with an average DSCR of 1.40x
over the initial debt term (2026-2036) and a PLCR at maturity (year
five) of 1.60x under Fitch's rating case, which incorporates
stressed operating costs and escalation. The operator track record
is yet to be established for Cipher given it has not operated HPC
data centers at all.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Construction delays for any of the two phases that exceed
allowable times as indicated in the lease terms, leading to
potential tenant termination;
- Degradation of the financial performance leading to sustained
DSCR below 1.1x;
- The rating could be downgraded if any further expansion or
additional project faces elevated completion risk from delays or
cost overruns despite a new backstop, or if it raises the existing
project's completion risk due to interface issues.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Satisfactory commissioning of Barber Lake data center in line
with the requirements of the Fluidstack lease, coupled with
sustained operational and financial performance with DSCR above
1.2x.
TRANSACTION SUMMARY
Cipher Mining Inc., through its wholly owned Cipher Compute LLC,
issued $1.4 billion in senior secured notes to fund the
construction of a 168 MW IT load (244 MW gross) data center at
Barber Lake. In addition, the project includes a $333 million
expansion for 39 MW critical IT load (56 MW gross), with terms and
structure identical to the initial phase.
The $1.733 billion notes carry a five-year tenor at a fixed rate
and are secured by a first-priority lien on all assets, contracts,
and cash flows of Cipher Compute LLC and Cipher Barber Lake LLC,
together with the Fluidstack lockbox account and, during
construction, a pledge of Google warrants. The debt service
reserve, required to cover a minimum of six months of principal and
interest through the life of the debt, is fully funded at financial
close (in addition to funded interest during construction).
The payment waterfall prioritizes operating expenses, mandatory
principal and interest payments, and the debt service reserve
before any other uses, with an Excess Cash Flow Offer to redeem
notes up to 50% of available excess cash flow. All capacity at
Barber Lake is pre-leased under a 10-year lease to Fluidstack, and
cash flows are deposited directly into accounts under the
collateral agent's control and the only permitted payees are Cipher
Compute LLC or, upon an event of default, the collateral agent. If
the tenant defaults or experiences insolvency, Google's backstop
cash flows are directed to the lockbox. Mandatory amortization is
aligned with the Google backstop amortization schedule.
Google provides credit enhancements comprising up to $1.733 billion
of backstop covering Fluidstack's lease obligations and a pledge of
warrants as additional collateral during the construction period
for both phases. Under the Google Recognition Agreement, after a
Fluidstack default, Cipher and Google have 90 days to agree on a
new tenant, which will assume the obligations of the outstanding
lease. If none, Google may: (i) assume the lease under modified
base rent covering operating costs plus principal and interest;
(ii) reject the lease and pay the termination fee (only if six
years have passed or equipment can consume under 50% of baseline
capacity); or (iii) for payment defaults, defer the decision while
covering unpaid and ongoing rent for Fluidstack.
Project sources and uses reflect $1.733 billion of secured debt
(71%) and a $710 million parent equity contribution (29%). The
equity for the initial phase has been contributed and the equity
for the expansion will be contributed at close of the additional
notes. Uses include approximately $2,157 million of capex and
approximately $286 million of interest, OID, DSRA, and financing
fees. The expansion phase mirrors the initial phase in lease,
security, credit enhancement, waterfall, amortization alignment,
and covenant framework. A parent completion guarantee obligates
Cipher Mining to provide the issuer with the funds necessary to
ensure completion and delivery of the data center both phases.
Special purpose entity covenants apply to both the issuer and
subsidiary guarantor with restrictions around comingling of funds
with the parent or guaranteeing obligations of the parent.
formation of additional subsidiaries or changes in legal structure.
While Fitch has received final financing and security documents for
the initial issuance of $1.4 billion, it has not received the
lockbox agreement that will be provided within 60 days of issuance.
This agreement does not impact the construction phase of the
project. The total notes of $1.7 billion (including the $333
million for expansion) will constitute additional notes under the
existing indenture and will have identical terms as the existing
notes.
FINANCIAL ANALYSIS
Fitch Base Case
The Fitch base case reflects the sponsor's view of revenue
generation under normal conditions, applying a 5% stress to
operating expenses during the debt term and a 3% annual opex
escalation. The case assumes the project will demonstrate strong
operating performance post-completion. Under these assumptions, the
average DSCR is 1.40x over 2026-2035, with a minimum of 0.87x in
2026 during ramp-up. The 2026 dip is not expected to be an issue,
as the DSRA can provide coverage. PLCR at year five (expected
maturity) is 1.61x.
Fitch Rating Case
The Fitch rating case applies a 10% stress to operating expenses
relative to the sponsor case while maintaining similar revenue
projections and opex escalation as the base case. Under this
scenario, the average DSCR is 1.40x over 2026-2036, with a minimum
of 0.86x in 2026 during ramp-up. The 2026 dip is not expected to be
an issue, as the DSRA can provide coverage. PLCR at year five is
1.60x.
Fitch considers the refinancing interest rate in line with the
sponsor case at 7.125%. Although the transaction is exposed to
refinancing risk, Fitch has not applied an interest rate stress at
refinancing because the project is expected to be completed and
stabilized by that time, with demonstrated cash flow performance
and a lower risk profile, likely supporting access to more
favorable terms than the current 7.125%.
SECURITY
The debt is secured by all assets, revenues, and cash flows from
the Fluidstack lease, which benefits from the Google backstop
arrangement that provides credit enhancement to the underlying cash
flows.
Climate Vulnerability Signals
The Climate.VS for 2035 is 15 out of 100, which indicates that no
downward rating pressure is foreseen. This reflects a physical risk
(VSp) component signal of 10 and a transition risk (VSt) component
signal of 15. Any potential future impact on the rating may differ
from the illustrative rating impact in the Climate.VS framework,
reflecting the evolution of Fitch's assessment of the global risks,
action the entity might take to adapt to or mitigate the exposure,
and any other relevant factors.
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 Prior
----------- ------ -----
Cipher Compute LLC LT IDR BB- New Rating BB-(EXP)
Cipher Compute
LLC/Senior
Secured Notes/1 LT LT
CITY PARK: Files Amendment to Disclosure Statement
--------------------------------------------------
City Park Storage Ventures, LP, submitted an Amended Disclosure
Statement describing Chapter 11 Plan dated November 26, 2025.
On November 14, Debtor filed its Plan of Reorganization (the
"Original Plan") and accompanying Disclosure Statement.
A hearing on the Amended Motion to Reconsider was held on November
24, 2025. The Court granted the Motion to Reconsider and vacated
its previous Order lifting the automatic stay but indicated that
the Plan as filed was unconfirmable as a matter of law.
The Court, therefore, directed the Debtor to file a confirmable
Plan of Reorganization by November 28, 2025. The Court also
scheduled a hearing on the Motion for Stay Relief for December 3,
2025, to determine if this Amended Plan has a reasonable
possibility of being confirmed within a reasonable time.
The Debtor has never generated any revenue. Debtor obtained the
Construction Loan for $8,004,000 but only amount arguably owed
under the Construction Loan is $44,583.18 from an unsolicited
protective advance used to pay property taxes. A retainer of $6,800
was paid to Debtor's counsel prior to the filing of the Chapter 11
Case. That money was paid by a member of the General Partner. To
the extent that expenses, such as insurance premiums, have arisen
during the pendency of the Chapter 11 Case, they have been paid by
a member of the General Partner through advances into the Debtor's
DIP account.
The Debtor has no unsecured Creditors. Debtor only has secured
Creditors, and they will receive at least as much as they would
under a Chapter 7 Liquidation because their recovery is tied to the
value of the collateral. The Proposed Plan, therefore, calls for
the secured Creditors to be paid in full, and with interest and
cost allowable under applicable law. Therefore, the best interest
of creditors test set forth in Section 1129(a)(7) of the Bankruptcy
Code is satisfied.
The value of the Property is at least 73.9% higher than the Secured
Claims. Stated differently, there is a 42.5%3 equity cushion in the
Property to protect the secured Creditors' interests. Because of
the large equity cushion, there is a high likelihood that Debtor
will be able to either: (a) sell the Property or (b) raise new
capital at an amount sufficient to pay the Secured Claims in full.
Accordingly, the Proposed Plan satisfies the "feasibility"
requirement under Section 1129(a)(11) of the Bankruptcy Code.
Under the Proposed Plan, the Reorganized Debtor intends to
distribute cash generated from either: (a) the sale of the Property
or (b) an infusion of capital from new investors to holders of
Allowed Claims. To the extent that the Property is sold to a
third-party, the proceeds from the sale remaining after payment of
Allowed Claims will be distributed, pro rata, to the Debtor's
Equity Interest Holders who comprise Class 2 under the Proposed
Plan. The Proposed Plan provides for the treatment of Claims and
interests as follows, and as more fully described herein:
* Two classes of Secured Claims: Class 1-1 C2R Secured Debt
Fund 1, LP will be paid in full upon the Effective Date from
either: (i) the sale of the Property; or (ii) upon receipt of
capital from new investors; Class 1-2 C2R Secured Debt I, LP will
be paid in full upon the Effective Date from either: (i) the sale
of the Property; or (ii) upon receipt of capital from new
investors.
* Equity Interest: Class 2 The General Partner owns about 30%
of the Debtor's equity interest and the Limited Partners own the
remaining 70% of the Debtor's interest. The members of this class
will maintain their current ownership interest in the Reorganized
Debtor, and to the extent that the Property is sold to a
third-party, the proceeds from the sale remaining after payment of
Allowed Claims will be distributed, pro rata, to the Debtor's
Equity Interest Holders who comprise Class 2 under the Proposed
Plan.
A full-text copy of the Amended Disclosure Statement dated November
26, 2025 is available at https://urlcurt.com/u?l=OmRKw4 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Lloyd A. Lim, Esq.
Rachel T. Kubanda, Esq.
KEAN MILLER LLP
711 Louisiana Street, Suite 1800 South Tower
Houston, TX 77002
Telephone: (713) 362-2550
E-mails: Lloyd.Lim@KeanMiller.com
Rachel.Kubanda@KeanMiller.com
About City Park Storage Ventures
City Park Storage Ventures, LP is the owner of a 4.5-acre tract of
partially developed land in the Houston area (the "Property").
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Texas Case No. 25-35121) on August 29,
2025, listing between $1 million and $10 million in assets and
liabilities.
Lloyd A. Lim, at Kean Miller LLP, is the Debtor's legal counsel.
CLA GENERAL: Seeks Chapter 7 Bankruptcy in Massachusetts
--------------------------------------------------------
On November 18, 2025, CLA General Construction Inc. sought Chapter
7 protection in the District of Massachusetts. According to court
filings, the Debtor reports between $100,001 and $1,000,000 in debt
owed to an estimated 1–49 creditors.
About CLA General Construction Inc.
CLA General Construction Inc. operates within the construction and
contracting industry, offering services such as new construction,
remodeling, site development, and property improvements.
CLA General Construction, Inc. sought relief under Chapter 7 of the
U.S. Bankruptcy Code (Bankr. D. Mass., Case No. 25-41247) on
November 18, 2025. In its petition, the Debtor reports estimated
assets between $0 and $100,000 and estimated liabilities between
$100,001 and $1,000,000.
Honorable Chief Bankruptcy Judge Elizabeth D. Katz handles the
case.
The Debtor is represented by Marques C. Lipton, Esq. of Lipton Law
Group.
CLEAN ENERGY: Reports $2.1 Million Net Loss in 2025 Q3
------------------------------------------------------
Clean Energy Technologies, Inc. filed with the U.S. Securities and
Exchange Commission its Quarterly Report on Form 10-Q reporting a
net loss of $2,102,321 for the three months ended September 30,
2025, compared to a net loss of $1,299,391 for the three months
ended September 30, 2024.
Total income for the three months ended September 30, 2025 and
2024, were $773,554 and $235,183, respectively.
As of September 30, 2025, the Company had $14,798,895 in total
assets, $7,703,762 in total liabilities, and $7,095,133 in total
stockholders' equity.
The Company had a total stockholder's equity of $7,095,133 and a
working capital deficit of 1,523,862 as of September 30, 2025, the
Company also had an accumulated deficit of $30,922,858 as of
September 30, 2025 and used 6,218,085 in net cash from operating
activities for the nine months ended September 30, 2025.
Therefore, there is substantial doubt about the ability of the
Company to continue as a going concern.
There can be no assurance that the Company will achieve its goals
and reach profitable operations, and is still dependent upon its
ability to:
(1) obtain sufficient debt and/or equity capital and/or
(2) generate positive cash flow from operations.
For the nine months ended September 30, 2025, the Company's total
revenue was $1,801,769, compared to $1,944,333 for the same period
in 2024. The decrease was primarily due to minimal contributions
(less than 3%) from its Vermont Renewable Gas project, as the
project is currently undergoing review for a Certificate of Public
Good with the Public Utility Commission. The Company currently has
an estimated $10 million backlog associated with this project.
For the nine months ended September 30, 2025, gross profit was
$1,135,315, compared to $641,575 for the same period in 2024. The
increase in gross profit and margin was primarily due to the sale
of higher-margin refurbished systems, which contributed more
favorably to overall profitability compared to prior periods.
For the nine months ended September 30, 2025, operating expenses
were $3,301,052, compared to $3,193,447 for the same period in
2024. The increase in expenses was primarily due to costs
associated with a consulting agreement related to a potential
acquisition, partially offset by lower reduction in general and
administrative costs.
For the nine months ended September 30, 2025, the Company recorded
a net loss of $3,522,342, compared to $3,550,669 for the same
period in 2024. The net loss remained relatively steady
year-over-year, reflecting reduced salary expenses, lower general,
legal and accounting costs, and improved margins from our
U.S.-based business activities.
For the quarter ended September 30, 2025, stockholders' equity
increased to $7,095,133, compared to $2,938,502 as of December 31,
2024, primarily due to higher increase from investments.
CETY has successfully repositioned itself as a diversified clean
energy solutions provider by establishing four distinct business
segments designed to support scalable, stable, and diversified
revenue growth. These segments include:
* Clean Energy HRS (Heat Recovery Systems)
* Waste-to-Energy (via Pyrolysis Technology)
* Engineering, Procurement, and Consulting (EPC)
* CETY HK (Natural Gas Trading and Acquisitions)
Revenue for the first quarter was primarily driven by the Clean
Energy HRS and CETY Renewables segments. Looking ahead, the Company
anticipates stronger revenue contributions from its
Waste-to-Energy, Heat Recovery, and EPC segments in the latter half
of the year, segments which are expected to deliver higher gross
margins.
CETY's pilot Waste-to-Energy facility in Vermont, which integrates
all of the company's proprietary technologies and operational
expertise into a unified, turnkey solution, is currently pending
final approval from the Vermont Public Utility Commission.
Meanwhile, demand for Heat Recovery solutions is accelerating
across both the U.S. and Europe. In parallel, CETY is actively
scaling its Engineering and project management operations to
deliver comprehensive self-generation energy solutions on a global
scale.
Management believes this 4-segment strategy has created many
operational synergies and cross-selling opportunities across
different markets. The growth in the non-China operations in the
nine months ended of 2025 vs. the same period in 2024 was a result
of this strategy.
CETY believes that it will continue to deliver growth on these
segments this year. The main macro factor benefiting the Company is
the global commitment to push renewable energy to the forefront
from governments across the world. Another catalyst that will
potentially help the Company, is a continuously improving our
global supply chain and lowering its cost.
CETY expects to and will continue to execute its corporate strategy
to build sustained and profitable growth by providing end to end
fully integrated solutions and technologies, expand our global
sales and marketing, production, research & development, as well as
search for synergistic acquisition opportunities.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/dmfh3ht5
About Clean Energy
Headquartered in Irvine, California, Clean Energy Technologies,
Inc. -- http://www.cetyinc.com-- develops renewable energy
products and solutions and establishes partnerships in renewable
energy that make environmental and economic sense. The Company's
mission is to be a segment leader in the Zero Emission Revolution
by offering eco-friendly energy solutions, clean energy fuels, and
alternative electric power for small and mid-sized projects in
North America, Europe, and Asia. The Company targets sustainable
energy solutions that are profitable for it, profitable for its
customers, and represent the future of global energy production.
Diamond Bar, California-based TAAD, LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated April 14, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended December 31, 2024, citing that the
Company has an accumulated deficit and negative cash flows from
operations. These factors, among others, raise substantial doubt
about the Company's ability to continue as a going concern.
As of June 30, 2025, the Company had $14,785,544 in total assets,
$7,029,856 in total liabilities, and total stockholders' equity of
$7,755,688.
COCOS MARISCOS: Hires Neeleman Law Group PC as Counsel
------------------------------------------------------
Cocos Mariscos & Bar, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Washington to employ Neeleman Law
Group, PC as counsel.
The firm will provide these services:
(a) assist the Debtor in the investigation of the financial
affairs of the estate;
(b) advise and assist the Debtor with respect to matters
relating to this case and creditor distribution;
(c) prepare all pleadings necessary for proceedings arising
under this case; and
(d) perform all necessary legal services for the estate in
relation to this case.
The firm will be paid at these hourly rates:
Principals $600 per hour
Associate $475 per hour
Paralegal $250 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $6,738 from the Debtor.
Jennifer Neeleman, Esq., an attorney at Neeleman Law Group,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Jennifer L. Neeleman, Esq.
Neeleman Law Group, PC
1403 8th Street
Marysville, WA 98270
Telephone: (425) 212-4800
Email: jennifer@neelemanlaw.com
About Cocos Mariscos & Bar, LLC
Cocos Mariscos & Bar Inc. is a dining establishment specializing in
Mexican cuisine and seafood dishes.
Cocos Mariscos & Bar Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Wash. Case No.
25-12833) on October 9, 2025. In its petition, the Debtor reported
estimated assets up to $100,000 and estimated liabilities between
$100,001 and $1 million.
Honorable Bankruptcy Judge Christopher M. Alston handles the case.
The Debtor is represented by Jennifer L. Neeleman, Esq., at
Neeleman Law Group, P.C.
CONKLIN MEDIA: Files Emergency Bid to Use Cash Collateral
---------------------------------------------------------
Conklin Media, LLC asks the U.S. Bankruptcy Court for the Eastern
District of Pennsylvania for authority to use cash collateral and
provide adequate protection.
The Debtor's primary secured creditor is East Hudson Capital (EHC),
which holds a prepetition lien on all of the Debtor's future
receipts, perfected via a UCC-1 filing with the Pennsylvania
Department of State on September 4, 2025.
The Debtor's cash and cash equivalents generated in the ordinary
course of business are considered “cash collateral,” which it
cannot use without EHC's consent or Court authorization.
The Debtor asserts that immediate access to cash collateral is
critical to maintain ongoing operations, including paying payroll,
utility and vendor obligations, insurance premiums, and other
essential post-petition expenses. Failure to use cash collateral
would force the company to shut down, causing immediate and
irreparable harm and severely reducing the value of the bankruptcy
estate.
To protect EHC's interest in the cash collateral, the Debtor
proposes providing adequate protection in the form of replacement
liens under 11 U.S.C. Section 361, ensuring that EHC’s secured
interest is maintained despite the post-petition use of cash.
The Debtor requests an interim order authorizing limited cash
collateral use pending a final hearing and seeks the scheduling of
that final hearing to consider full approval.
The Debtor supports the request with a monthly budget detailing
projected post-petition expenses and emphasizes that relief is
urgently needed under F.R.B.P. 6003 to avoid immediate and
irreparable harm.
A copy of the motion is available at https://urlcurt.com/u?l=tTCJlo
from PacerMonitor.com.
About Conklin Media, LLC
Conklin Media, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-14673-pmm) on November
17, 2025. In the petition signed by Jodi Conklin, owner, the Debtor
disclosed up to $10 million in both assets and liabilities.
Judge Patricia M. Mayer oversees the case.
Lawrence V. Young, Esq., at CGA Law Firm, represents the Debtor as
legal counsel.
CONKLIN MEDIA: Leona Mogavero Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Leona Mogavero,
Esq., at Zarwin Baum as Subchapter V trustee for Conklin Media,
LLC.
Ms. Mogavero will be paid an hourly fee of $425 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Mogavero declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Leona Mogavero, Esq.
Zarwin Baum
One Commerce Square
2005 Market Street, 16th Floor
Philadelphia, PA 19103
Phone: (267) 765-9630
Email: lmogavero@zarwin.com
About Conklin Media LLC
Conklin Media, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-14673) on
November 17, 2025, with up to $50,000 in assets and liabilities.
Judge Patricia M. Mayer presides over the case.
Lawrence V. Young, Esq., at Cga Law Firm represents the Debtor as
bankruptcy counsel.
CREATIVE REALITIES: Completes Series A Financing with North Run
---------------------------------------------------------------
Creative Realities, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that on November 6,
2025, the Company completed a financing transaction in which the
Company issued and sold to North Run Strategic Opportunities Fund
I, LP and NR-SOF I (Co-Invest I), LP shares of the Company's newly
established Series A Convertible Preferred Stock.
The closing of the purchase and sale of the Preferred Shares
occurred on November 6, 2025.
In connection with such closing, and pursuant to the Securities
Purchase Agreement governing the transaction, the Company increased
the size of its Board of Directors to seven directors and appointed
to the Board two designees of the Lead Investor, Thomas B. Ellis
and Michael P. Bosco.
Following such appointments, Nasdaq advised the Company that it
considers the Lead Investor's rights to appoint directors
representing 20% or more of the Board's voting power to be a
"change of control" under Nasdaq Rule 5635(b).
In order to maintain compliance with such rule, Mr. Bosco resigned
as a director effective as of November 19, 2025, the Company
reduced the size of the Board to six directors, and the Buyers have
agreed not to exercise their right to designate a second director
for appointment or nomination to the Board unless and until the
Company's shareholders approve the "change of control" as a result
of the North Run Financing in accordance with Nasdaq Listing Rule
5635(b).
The Company currently intends to hold its 2025 annual meeting of
shareholders on December 29, 2025, at which it intends to seek the
Shareholder Approval. If the proposal for the Shareholder Approval
is approved by the Company's shareholders, the Company has agreed
to increase the size of the Board to seven directors and re-appoint
Mr. Bosco to the Board promptly following the approval.
About Creative Realities
Headquartered in Louisville, Ky., Creative Realities --
https://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.
As of September 30, 2025, the Company had $61.3 million in total
assets, $39.4 million in total liabilities, $21.9 million in total
stockholders' equity.
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.
CROWN CARS: Seeks Subchapter V Bankruptcy in Illinois
-----------------------------------------------------
On November 20, 2025, Crown Cars and Limousines, Inc. filed for
Chapter 11 protection in the Northern District of Illinois.
According to court filings, the Debtor reports between $1 million
and $10 million in debt owed to 1–49 creditors.
About Crown Cars and Limousines, Inc.
Crown Cars & Limousines, Inc. provides chauffeured ground
transportation services, offering corporate travel, airport
transfers, and event-related black-car service in the Chicago
metropolitan area from its base in Itasca, Illinois.
Crown Cars and Limousines, Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ill., Case No.
25-17979) on November 20, 2025. In its petition, the Debtor reports
estimated assets of $100,001–$1,000,000 and estimated liabilities
of $1 million–$10 million.
Honorable Bankruptcy Judge Deborah L. Thorne handles the case.
The Debtor is represented by William J. Factor, Esq.
CRS SERVICES: Files Emergency Bid to Use Cash Collateral
--------------------------------------------------------
CRS Services, Limited, a Nevada limited liability company, d/b/a
CRS Homes Services, asks the U.S. Bankruptcy Court for the District
of Nevada for authority to use cash collateral and provide adequate
protection.
CRS, founded in 2003 and owned by Steve and Cristina Boyer,
operates as an authorized Brinks Home security dealer offering
security systems, smart-home technology, surveillance equipment,
and solar products. It services the entire Las Vegas Valley from
leased offices and maintains several active commercial websites.
The bankruptcy filing is driven by significant secured and
unsecured obligations, including approximately $480,000 in SBA
Economic Injury Disaster Loans borrowed during the COVID-19
pandemic, roughly $340,000 in merchant cash advances, and about
$540,000 in unsecured loans and trade debts.
The Debtor explains that the SBA holds a sweeping, perfected
first-priority lien over virtually all of CRS’s personal
property—including inventory, equipment, accounts, deposit
accounts, and general intangibles—based on 2020 and 2025 UCC
filings. The outstanding SBA balance is approximately $483,000. The
MCAs, which include agreements with Mulligan Funding, Revenued, and
Alliance Funding Group, also purport to grant broad security
interests in substantially all assets; however, the Debtor's
investigation shows that only some MCA lenders appear to have
properly filed financing statements, and those filings occurred
after the SBA perfected, making them junior and likely unsecured in
practical value. The Debtor additionally references a $150,000
BayFirst loan, partially SBA-backed, but notes that no security
agreement could be located. A financing statement filed on December
17, 2024 may relate to BayFirst, but any such lien would still be
subordinate to the SBA’s earlier-perfected interest. The Debtor
asserts that the liquidation value of its assets is far below the
SBA debt, leaving no residual value to which the MCA or BayFirst
liens could attach, effectively rendering those liens
“underwater.”
Critically, the Debtor emphasizes that no creditor has a validly
perfected security interest in its cash or bank accounts, because
perfection of such collateral requires physical possession or a
deposit account control agreement—which none of the lenders hold.
As a result, the Debtor maintains that its cash on hand and bank
balances as of the petition date are unencumbered property of the
estate. To continue operating, paying payroll, utilities, vendor
expenses, insurance, and other indispensable obligations, the
Debtor seeks authorization for emergency interim use of cash and
cash collateral in accordance with a detailed budget, allowing a
10% aggregate monthly variance.
A copy of the motion is available at https://urlcurt.com/u?l=zevNHk
from PacerMonitor.com.
About CRS Services, Limited
CRS Services, Limited provides home security systems, alarm
systems, UL-listed monitoring, and video surveillance services for
residential and commercial clients across Nevada through its CRS
Home Services division, and it also offers smart home automation
systems that integrate with Brinks Home Security monitoring. The
Company additionally provides solar panel and battery backup
solutions along with water filtration systems and operates from
Henderson, Nevada.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Nev. Case No. 25-16917) on November 17,
2025. In the petition signed by Steven D. Boyer, managing member,
the Debtor disclosed up to $500,000 in assets and up to $10 million
in liabilities.
Judge August B. Landis oversees the case.
Matthew C. Zirzow, Esq. at LARSON & ZIRZOW, LLC, represents the
Debtor as legal counsel.
CUENTAS INC: Yarel + Partners Raises Going Concern Doubt
--------------------------------------------------------
Cuentas, Inc. disclosed in a Form 10-K Report filed with the U.S.
Securities and Exchange Commission for the fiscal year ended
December 31, 2024, that its auditor has expressed substantial doubt
about the Company's ability to continue as a going concern.
The Company incurred a net loss of $3,309,000 for the year ended
December 31, 2024, as compared to a net loss of $2,196,000 for the
year ended December 31, 2023.
Revenues during the year ended December 31, 2024, totaled $676,000
compared to $2,346,000 for the year ended December 31, 2023.
Cuentas said, "As a result of our current lack of financial
liquidity, our auditors' report for our 2024 consolidated financial
statements contains a statement concerning substantial doubt
regarding our ability to continue as a going concern. Our lack of
sufficient liquidity could make it more difficult for us to secure
additional financing or enter into strategic relationships on terms
acceptable to us, if at all, and may materially and adversely
affect the terms of any financing that we may obtain and our public
stock price generally."
Yarel + Partners, the Company's auditor since 2023, issued a "going
concern" qualification in its report dated November 18, 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 net
losses since its inception, and has not yet generated sufficient
revenues to support its operations. As of December 31, 2024, there
is an accumulated deficit of approximately $58.3 million and a
negative working capital of approximately $3.2 million. These
conditions, along with other matters, raise substantial doubt about
the Company's ability to continue as a going concern.
The Company's ability to continue as a going concern is dependent
upon raising capital from financing transactions and revenue from
operations.
Management anticipates their business will require substantial
additional investments that have not yet been secured. Management
is continuing in the process of fund-raising in the private equity
and capital markets as we will need to finance future activities.
No assurance can be given that any future financing, if needed,
will be available or, if available, that it will be on terms that
are satisfactory to us.
Even if the Company is able to obtain additional financing, if
needed, it may contain undue restrictions on the Company's
operations, in the case of debt financing, or cause substantial
dilution for its stockholders, in the case of equity financing.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/yp2d7c9u
About Cuentas
Cuentas, Inc. was incorporated under the laws of the State of
Florida on September 21, 2005. The Company, together with its
subsidiary, Meimoun and Mammon, LLC (100% owned), is mainly focused
on financial technology services, delivering mobile financial
services and digital content services to unbanked, underbanked and
underserved communities.
As of December 31, 2024, the Company had $1,111,000, $4,281,000 in
total liabilities, and $3,170,000 in total stockholders' deficit.
CVR ENERGY: Fitch Affirms 'B+' IDR, Outlook Stable
--------------------------------------------------
Fitch Ratings has affirmed CVR Energy, Inc.'s and CVR Refining,
LP's (CVI) Issuer Default Ratings (IDRs) at 'B+'. Additionally,
Fitch has affirmed CVR Refining's Term Loan B at 'BB+' with a
Recovery Rating of 'RR1' and CVR Energy's senior unsecured notes at
'BB-'/'RR3'. The Rating Outlook is Stable.
The affirmation reflects a recovery from weak crack spreads in the
refining sector in 2024 and early 2025, improving leverage,
geographically advantaged operations, and relatively low operating
costs. In addition, the Nitrogen Fertilizer segment is nonrecourse
but can provide cash at times through its approximately 37%
ownership and corresponding distributions.
Offsetting factors include the company's relatively limited scale,
exposure to volatile crack spreads, and lack of recourse
non-refining diversification.
Key Rating Drivers
Improved Refining Fundamentals: Crack spreads have improved
materially through 2025 resulting in YTD margin capture and EBITDA
performance outstripping 2024. YTD benchmark PADD II Group 3-2-1-1
crack spreads as of end-September averaged $22.62/barrel (bbl),
from $19.25/bbl a year-ago. Fitch expects cracks to continue to be
supported by minimal global capacity additions, planned California
refinery closures, and supply growth following the end of the OPEC+
curtailments.
Deleveraging Actions: Management has methodically directed cash
flows toward gross debt reduction through September 2025. The
company has reduced the outstanding amount on the term loan by $90
million. Fitch expects management to continue targeting
deleveraging as cash flows allow through 2026. Fitch forecasts
CVI's refinery segment EBITDA leverage to return to within Fitch's
leverage sensitivities through-the-cycle as EBITDA generation
recovers from 2024's nadir.
Size and Regional Concentration: CVI's ratings reflect the business
risk associated with its medium-sized operations, albeit with
strong asset quality and advantageous geographic locations,
resulting in price-advantaged crude oil production in the
Midcontinent. Operationally, it has the flexibility to take
advantage of light, heavy and sour crude. Its combined crude oil
processing capacity is 206,500 barrels per day (bpd), with an
average complexity of 10.8, and its plants are in Group 3 of
Petroleum Administration for Defense District (PADD) II. The
company's two refineries are strategically located near Cushing,
OK, with access to over 250,000bpd of production in the region.
However, CVI is an inland refiner with limited export options.
Small Refinery Exemption: The EPA granted CVI's subsidiary
Wynnewood Refining Company, LLC a 100% small refinery exemption for
the 2019 and 2021 compliance periods and a 50% exemption for the
2020 and 2022-2024 compliance periods. This resulted in a RFS
liability reduction of $488 million which materially benefits the
company's credit profile. Fitch expects the company can effectively
manage the remaining RVO liabilities and that future small refinery
exemptions (SRE) are possible due to the U.S. administration's
refining-friendly stance but does not view them as a certainty.
Turnaround Raises Capex: Fitch expects elevated capex in 2025,
driven by completion of a major turnaround at the Coffeyville
refinery. Management has indicated that cash flows in 2026 will be
split between deleveraging and capex with the reinstatement of
shareholder returns a tertiary priority.
CVR Partners, LP Affiliate: CVR Partners is nonrecourse to the debt
issued at CVI and CVR Refining, LP. Fitch does not expect CVI to
provide credit support to CVR Partners, which must distribute its
available cash, less reserves (as defined), to unitholders. Fitch
expects this to be a source of cash for CVI, given its ownership of
37% of CVR Partners' common units, which could be material during
periods of high ammonia and urea and ammonium nitrate prices.
Peer Analysis
CVI's ratings reflect its status as a medium-sized Midcontinent
complex refiner with two refineries and approximately 206mbpd of
nameplate capacity. The company's refining capacity is smaller than
peers PBF Holding Company LLC (PBF; BB/Negative) with 1,023mbpd,
Par Petroleum, LLC (B+/Stable) with 219mbpd, and Delek US Holdings,
Inc. (B+/Stable) with 302mbpd.
The company's refining asset quality is strong and advantaged in
several ways, such as geographically, with a concentration of
price-advantaged crude oil sourcing in the Midcontinent, and
operationally, with flexibility to take advantage of light, heavy
and sour crude. CVI also has a strong logistics system that allows
the company to easily transport and store crude oil and refined
products.
The major differentiators between the non-investment-grade peer
group and 'BBB' peers is primarily size, geographic
diversification, and business-line diversification.
Key Assumptions
- Brent price assumptions of $70/bbl in 2025, $65/bbl in 2026,
$65/bbl in 2027 and $60/bbl thereafter;
- West Texas Intermediate oil prices of $65/bbl in 2025, $60/bbl in
2026, $60/bbl in 2027 and $57/bbl thereafter;
- PADD II Group 3 2-1-1 Crack recovers in 2025 and 2026 before
trending toward midcycle through rest of forecast;
- Capex in line with management guidance;
- Chatham Financial Fed Median interest rate assumptions.
Recovery Analysis
Fitch examined CVI on both a going concern (GC) and liquidation
value (LV) basis and expects it would be reorganized as a GC in the
event of bankruptcy.
Fitch has assumed an 80% draw of the $345 million ABL facility.
Fitch notes that CVI has a crude oil supply agreement in place with
Gunvor USA LLC to reduce the amount of inventory held at certain
locations and mitigate crude oil pricing risk. This facility
expires in 2029 and is subject to automatic one-year renewals
provided neither party provides 180 days' notice of termination.
Fitch understands that once crude enters the company's tanks,
inventory and title transfer. Given the lack of public information,
Fitch does not analyze this agreement in the recovery model at this
stage.
Fitch applied a 10% administrative claim to the GC enterprise value
(EV). Fitch's GC EBITDA reflects CVI's recovery from a scenario in
which near-term liquidity constraints result in default and
bankruptcy. Fitch uses a 5.5x EBITDA multiple to arrive at its GC
EV. The multiple is the same as that of peers Par Pacific Holdings,
Inc. (B+/Stable) and Delek US Holdings, Inc. (B+/Stable).
Fitch assumes a GC EBITDA of $250 million. This figure is based on
the last year in its stress-case scenario. The GC EBITDA also
reflects increased long-term midcycle price expectations.
The allocation of value in the liability waterfall results in
recovery corresponding to 'RR1' for the first-lien secured Term
Loan B, and 'RR3' for the senior unsecured notes.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade:
- Material reduction in liquidity over a sustained period;
- A change in financial policy from debt reduction following the
term loan B issuance;
- Refinery segment midcycle EBITDA leverage sustained above 4.0x;
- Material regulatory changes that can potentially reduce
earnings.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade:
- Greater earnings diversification and scale, or evidence of lower
cash flow volatility;
- Reduced exposure to environmental and regulatory obligations due
to increased focus on renewables;
- Refinery segment midcycle EBITDA leverage sustained at or below
3.0x.
Liquidity and Debt Structure
At the end of 3Q25, CVI has $670 million of cash on hand and $316
million of availability under CVR Energy's ABL Credit Agreement.
CVR Partner's non-recourse ABL agreement is undrawn with $50
million of availability.
The company's term loan matures in December 2027 and the senior
unsecured notes mature in 2028 and 2029 respectively. Fitch expects
the company to generate adequate cash flow to repay the term loan
and have adequate cash flow and/or capital market access to address
the unsecured notes' maturities in a timely manner. CVR Partner's
non-recourse Senior Secured Notes mature in 2028.
Issuer Profile
CVR Energy is a diversified holding company engaged in petroleum
refining and nitrogen fertilizer manufacturing at two Midcontinent
refineries and associated logistics assets. CVR's fertilizer
business, CVR Partners, LP, is nonrecourse to the refinery business
and structured as an MLP.
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
CVR Energy, has an ESG Relevance Score of '4' for Governance
Structure, as Icahn Enterprises, L.P. and its affiliates including
Carl C. Icahn own approximately 70% of the company's outstanding
common stock. The substantial ownership concentration has a
negative impact on the credit profile and is relevant to the rating
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
----------- ------ -------- -----
CVR Energy, Inc. LT IDR B+ Affirmed B+
senior unsecured LT BB- Affirmed RR3 BB-
CVR Refining, LP LT IDR B+ Affirmed B+
senior secured LT BB+ Affirmed RR1 BB+
CVR ENERGY: Moody's Affirms 'B2' CFR & Alters Outlook to Stable
---------------------------------------------------------------
Moody's Ratings has revised the outlook for CVR Energy, Inc. (CVI)
and CVR CHC, LP to stable from negative. Concurrently, Moody's
affirmed CVI's B2 Corporate Family Rating, B2-PD Probability of
Default Rating, and B3 rating on its senior unsecured notes.
Moody's also affirmed CVR CHC, LP's Ba3 senior secured term loan
rating. CVI's Speculative Grade Liquidity (SGL) rating was upgraded
to SGL-2 from SGL-3.
"The change in CVR Energy's outlook to stable reflects benefits to
its financial profile from improved market conditions and refining
margins, expectation for positive free cash flow supporting
continued debt reduction in 2026, and sizable cash balance that
supports liquidity," commented Jonathan Teitel, a Moody's Vice
President.
RATINGS RATIONALE
The stable outlook reflects Moody's expectations for the company to
maintain supportive credit metrics under improved market conditions
while prioritizing further debt reduction and maintaining good
liquidity, including by proactively extending its debt maturity
profile.
CVI's B2 CFR reflects its high debt levels, modest scale, and
geographic concentration. CVI's debt capacity is primarily
supported by its refining operations, which are exposed to the
volatility in the sector. CVI owns the general partner and 37% of
the common units of CVR Partners, LP (CVR Partners, B1 stable), a
nitrogen fertilizer producer, from which it receives periodic
distributions. Given the cyclical nature of the refining business,
CVI's EBITDA and cash flows are exposed to large movements, and
there can be sizable shifts in leverage. The company completed the
turnaround at its Coffeyville refinery in 2025 and has no planned
turnarounds in 2026. The next planned turnaround, at its Wynnewood
refinery, is in 2027. CVI's dividend is currently suspended,
preserving cash. CVI meaningfully benefits from the mix of partial
and full small refinery exemptions for the 2019 through 2024
compliance periods, granted in August 2025, to Wynnewood Refining
Company, LLC. As a result, CVI's accrued liability under the
Renewable Fuel Standard reflected a reduction of $488 million in
its balance as of September 30, 2025.
CVI's SGL-2 rating reflects good liquidity. As of September 30,
2025, CVI had $514 million in cash, which excludes $156 million at
CVR Partners. As of the same date, the refining business had $316
million available under its undrawn $345 million ABL revolving
credit facility which matures in June 2027, with $25 million in
outstanding letters of credit. The borrowing base was $341 million.
The revolver includes a springing minimum fixed charge coverage
ratio covenant of 1.0x, triggered by an availability threshold. CVI
relies on a crude oil supply agreement that expires in January 2029
to support working capital needs.
CVI's senior unsecured notes due 2028 and 2029 are rated B3, one
notch below the CFR, due to the effective seniority of the senior
secured term loan and ABL revolver. The Ba3-rated term loan has a
first lien on non-ABL priority collateral and a second lien on the
more liquid ABL priority collateral. CVR CHC, LP and other
indirect, wholly owned subsidiaries of CVI are borrowers and/or
guarantors under the ABL revolver and term loan. The notes are
guaranteed by wholly owned subsidiaries of CVI with the exception
of CVR Partners and CVR Partners' subsidiaries, and certain
immaterial wholly owned subsidiaries of CVI. CVR Partners' notes
are non-recourse to CVI.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade include positive free cash
flow and improving liquidity, debt reduction, and sustaining
debt/EBITDA for the refining business below 4x.
Factors that could lead to a downgrade include EBITDA/interest
below 1.5x, weakening liquidity, or debt-funded distributions or
acquisitions.
CVI, headquartered in Sugar Land, Texas, is a publicly traded
holding company focused on petroleum refining. It also owns the
general partner and 37% of the common units of CVR Partners, a
nitrogen fertilizer producer. As of September 30, 2025, Icahn
Enterprises L.P. (B1 stable) and its affiliates owned approximately
70% of CVI's outstanding common stock.
The principal methodology used in these ratings was Refining and
Marketing published in August 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
CYTOPHIL INC: Unsecured Creditors to Split $1M over 10 Years
------------------------------------------------------------
Cytophil, Inc., filed with the U.S. Bankruptcy Court for the
Eastern District of Wisconsin a Plan of Reorganization dated
November 25, 2025.
The Debtor proposes the following Plan of Reorganization pursuant
to Section 1121 of the Code.
Class 1 consists of Allowed Unsecured Claims. Creditors with
Allowed Unsecured Claims shall share on a pro rata basis from a
total of $1,000,000 paid over 10 years in equal annual
installments. Distributions will be made annually on or before the
last day of the month after the completion of a Plan year. By way
of example, if the Effective Date occurs October 2025, the first
annual disbursement would be due before the last day of December
2026.
If the Reorganized Debtor is unable to make the full annual
distribution of $100,000, the ten year period may be extended for
up to three additional years provided that i) the annual
distribution that year is not less than $50,000; ii) the amount of
the annual distribution extended will be paid with interest at the
prime rate applicable as of the last month of a Plan year; and iii)
the Reorganized Debtor provides notice to all Creditors with
Allowed Unsecured Claims of their share of the annual distribution
extended. The Allowed Claims in Class 1 are impaired.
Class 2 consists of Opt-In Allowed Unsecured Claims. All Creditors
with Class 1 Allowed Unsecured Claims shall have the option of
opting-in to have 50% of their Class 1 Allowed Unsecured Claim
treated as an Opt-In Allowed Unsecured Claim in Class 2. Creditors
must affirmative mark and return their ballot to opt-in to Class 2.
Opt-In Allowed Unsecured Claims in Class 2 shall be satisfied as
follows:
* 50% of Allowed Unsecured Claim. Any Creditor opting into Class
2 shall have half (50%) of their Allowed Claim entitled to
treatment under Section 4.1 as a Class 1 Allowed Unsecured Claim,
the remaining half (50%) shall be treated as an Opt-In Allowed
Unsecured Claim entitled to treatment under Section 4.2(b).
* New Class B Common Stock Shares Issued.
-- Number of Shares. After deducting the Opt-In Allowed Claim
by the 50%, the balance of the Opt-In Allowed Unsecured Claims in
Class 2 shall receive New Class B Common Stock on a Pro Rata Basis
issued on the Effective Date. Creditors that opt-in will receive
one share for each dollar converted.
-- Voting Rights. The New Class B Common Stock shall have
voting rights equal to a total of 10% of the entire voting rights
in the Reorganized Debtor and shall have the right, but not the
obligation, to elect one director to the board of directors of the
Reorganized Debtor. If such election is made, the Reorganized
Debtor's number of board of directors shall be increased by one to
accommodate the election. The election shall be by a plurality of
the votes cast by Class B shareholders with each vote tallied by
the amount of shares held by the voting shareholder.
-- Payments. The holders of the New Class B Common Stock shall
receive, on a Pro Rata Basis, 25% of the Reorganized Debtor’s Net
Profits 6.11(d)), on an annual basis paid on the 30th day of the
first month after the close of the financial year. (i.e., January
30).
-- Redemption Rights. In its discretion, the board of the
Reorganized Debtor has the right to redeem the New Class B Common
Stock upon the aggregate of the payments made on account of the New
Class B Common Stock being redeemed totaling the portion of the
amount of the Allowed Claim converted to the New Class B Common
Stock being redeemed, plus interest at the rate of 3% per annum
from the Effective Date. The payments include amounts received from
the Reorganized Debtor's Net Profits or otherwise. Upon redemption
of all the New Class B Common Stock, the Reorganized Debtor's Net
Profits shall be paid 100% to the New Class A Common Stock, and
there shall no longer be a Class B Director.
Class 3 consists of Allowed Voting Common Stock Interests. The
Allowed Voting Common Stock Interests in the Debtor in Class 3
shall be cancelled. They shall receive New Class A Common Stock on
a Pro Rata Basis equal to the same number of shares they held
before the Petition Date. The New Class A Common Stock shall be
issued within thirty days after the Effective Date. The New Class A
Stock shall collectively have voting rights equal to 90% of the
entire voting rights in the Reorganized Debtor.
The holders of the New Class A Common Stock shall receive 75% of
the Reorganized Debtor's Net Profits unless all New Class B Common
Stock is redeemed in which case Class A Common Stock shall receive
100% of the Reorganized Debtor's Net Profits. The holders of the
New Class A Common Stock shall also be subject to a new
shareholders' agreement in substantially the same format as the one
that existed as of the Petition Date. The Allowed Voting Common
Stock Interests are impaired under the Plan.
Cash necessary to fund payments on or shortly after the Effective
Date shall be from cash on hand and the regular business income of
the Reorganized Debtors.
A full-text copy of the Plan of Reorganization dated November 25,
2025 is available at https://urlcurt.com/u?l=hFxPln from
PacerMonitor.com at no charge.
Cytophil Inc. is represented by:
Evan P. Schmit, Esq.
Kerkman & Dunn
839 N. Jefferson St., Ste. 400
Milwaukee, WI 53202-3744
Tel: (414) 277-8200
Email: eschmit@kerkmandunn.com
About Cytophil Inc.
Cytophil Inc., doing business as RegenScientific, operates in the
field of manufacturing medical devices.
Cytophil sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. E.D. Wisc. Case No. 25-20576) on February 4, 2025. In its
petition, the Debtor reported total assets of $1,131,109 and total
liabilities of $3,520,398 as of September 30, 2024.
Judge G. Michael Halfenger handles the case.
The Debtor is represented by Evan P. Schmit, Esq. at Kerkman &
Dunn.
DANPOWER64 LLC: Amends Unsecured Claims Pay Details
---------------------------------------------------
DanPower64, LLC submitted a Disclosure Statement with regards to
First Amended Plan of Liquidation dated November 25, 2025.
The Plan is a liquidating plan that provides for the sale of the
Debtor's primary asset, the Real Property, which is located at 197
Havre St., East Boston, MA 02128.
Distributions under the Plan will be funded from the Net Proceeds
of the sale. Based on the Debtor's estimate of the Claims that will
be Allowed Claims, the Debtor estimates that holders of Class 3
Claims, i.e. the General Unsecured Claims, will receive payment in
full.
In this case, the Debtor began marketing the Real Property as-is as
a single project in late May. The Debtor listed the Real Property
on MLS and scheduled three consecutive days of open houses.
However, notwithstanding the bankruptcy filing, Crowd Lending was
also advertising a foreclosure sale of the Real Property for June
17, 2025. While the Real Property generated significant interest
after being listed on MLS, the looming foreclosure date discouraged
parties from making an offer to purchase the Real Property. The
Debtor removed the listing for the Property from MLS until after
the sale date passed.
Thereafter, because the construction is nearly complete, the Debtor
determined that it would be in the best interest of the estate to
market the Real Property as five individual units. The Real
Property is most valuable as five individual units rather than a
single building. The Debtor intends to sell the Real Property as
condominiums.
Since the Debtor filed its initial plan on July 19, 2025, the
Debtor and Crowd Lending have been in negotiations as to the
treatment of Crowd Lending's claim under the Plan. The Debtor and
Crowd Lending have reached an agreement and incorporated the
agreement into the Plan filed herewith.
The Plan provides for the sale of the Real Property as five
individual units and provides that all creditors will be paid in
full no later than March 28, 2026. If the Debtor fails to meet
certain benchmarks as to the timing and closing of sales, the Plan
authorizes Crowd Lending to exercise its rights against the Real
Property.
Class 3 consists of the General Unsecured Claims against the
Estate. The holder of a Class 3 Allowed Claim shall receive payment
in full plus interest at the federal judgment rate applicable on
the Effective Date, from the Unit Excess until paid in full. Class
3 Claimants Six Progress Corp. and All Coastal Services, Inc. have
agreed to waive their Claims for purposes of receiving a
distribution pursuant to the Plan. Class 3 is Impaired under the
Plan. Each holder of an Allowed Class 3 Claim is entitled to vote
to accept or reject the Plan.
Class Four consists of the Equity Interests in the Debtor. The
holders of Equity Interests shall receive any residual Unit Excess
after payment of the Class 3 Claims. The holders of Equity
Interests will retain their respective Equity Interests in the
Debtor.
The Plan contains appropriate provisions consistent with sections
1123(a)(5) and 1142(a) of the Bankruptcy Code for its
implementation. The funds needed to make distributions and other
payments required by this Plan shall be from the proceeds of the
sale of the Real Property.
The Debtor intends to sell the Real Property as individual
condominium units to maximize the value for the bankruptcy estate.
A full-text copy of the Disclosure Statement dated November 25,
2025 is available at https://urlcurt.com/u?l=9xUzPU from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Kate E. Nicholson, Esq.
Nicholson Devine LLC
21 Bishop Allen Dr.
Cambridge, MA 02139
Telephone: (857) 600-0508
Email: kate@nicholsondevine.com
About DanPower64 LLC
DanPower64 LLC is classified as a single-asset real estate debtor
under 11 U.S.C. Section 101(51B), with its primary property
situated at 197 Harve Street, Boston, MA 02128.
DanPower64 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-10790) on April 21,
2025. In its petition, the Debtor listed assets and liabilities
between $1 million and $10 million.
The Debtor is represented by Kate E. Nicholson, Esq. at Nicholson
Devine LLC.
DDJ INC: Seeks to Use Cash Collateral
-------------------------------------
DDJ Inc., LLC asks the U.S. Bankruptcy Court for the Western
District of Texas, El Paso Division, for authority to use cash
collateral and provide adequate protection.
The Debtor asserts that ongoing use of cash collateral is essential
to maintaining normal business activities and preserving the value
of the estate.
Several taxing authorities including the Internal Revenue Service,
the Texas Comptroller of Public Accounts, the Texas Workforce
Commission, and the City of El Paso hold statutory liens against
the Debtor's assets, and additional creditors may also assert lien
rights.
As adequate protection for the use of such collateral, the Debtor
proposes to grant replacement liens on its cash and assets up to
the amount of existing claims, to commence payments to taxing
authorities in accordance with statutory requirements as soon as an
interim order is entered, and to limit expenditures to the ordinary
course of business under an operating budget that may not exceed
110% of total budgeted amounts or any individual line item without
the prior written consent of the taxing authorities.
The Debtor also agrees to provide access to monthly operating
reports, maintain required insurance, and ensure that all
taxes—including those for the 2025 tax year payable in 2026—are
fully addressed in its forthcoming plan of reorganization, while
clarifying that the proposed adequate-protection terms do not alter
priority among taxing-authority liens.
DDJ Inc. requests that the court approve these terms on an interim
basis, subject to notice and a later final hearing, so that it may
continue operating while negotiating final cash-collateral
arrangements.
A copy of the motion is available at https://urlcurt.com/u?l=Mzo3en
from PacerMonitor.com.
About DDJ Inc. LLC
DDJ, Inc., LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-31269) on Oct. 1,
2025. In its petition, the Debtor disclosed under $1 million in
both estimated assets and liabilities.
Honorable Bankruptcy Judge Christopher G. Bradley handles the
case.
The Debtor is represented by Jim K. Jopling, Esq.
DELTA ABSORBENTS: Hires Crown Appraisals Inc. as Appraiser
----------------------------------------------------------
Delta Absorbents of America, Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Mississippi to employ
Crown Appraisals, Inc. as appraiser.
The firm will provide appraisal services to the Debtor in the
chapter 11 proceedings.
The firm will be paid $7,000 lump sum for appraisals, plus travel
expenses and hourly rate of $500 if additional services are
required including court appearances.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Jeff Berg
Crown Appraisals, Inc.
2750 7th Avenue S. Fargo
North Dakota 58103-8710
Tel: (701) 478-3130
About Delta Absorbents of America, Inc.
Delta Absorbents of America, Inc. filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Miss.
Case No. 25-11985) on June 25, 2025, listing up to $50,000 in
assets and $500,001 to $1 million in liabilities.
R. Michael Bolen, Esq. at Hood & Bolen, Attorneys At Law represents
the Debtor as counsel.
DODGE CONSTRUCTION: Blue Owl Marks $6MM 1L Loan at 18% Off
----------------------------------------------------------
Blue Owl Technology Finance Corp. has marked its $6,050,000 loan
extended to Dodge Construction Network LLC to market at $4,931,000
or 82% of the outstanding amount, according to Blue Owl's Form 10-Q
for the quarterly period ended September 30, 2025, filed with the
U.S. Securities and Exchange Commission.
Blue Owl is a participant in a first lien senior secured loan to
Dodge Construction Network LLC. The loan accrues interest at a rate
of 4.75% per annum. The loan matures on February 2029.
Blue Owl is a Maryland corporation formed on July 12, 2018. The
Company was formed primarily to originate and make loans to, and
make debt and equity investments in, technology-related companies,
specifically software companies, based primarily in the United
States. The Company originates and invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans, and
equity-related securities including common equity, warrants,
preferred stock and similar forms of senior equity, which may or
may not be convertible into a portfolio company's common equity.
The Company's investment objective is to maximize total return by
generating current income from its debt investments and other
income producing securities, and capital appreciation from its
equity and equity-linked investments.
Blue Owl is led by Craig W. Packer as Chief Executive Officer and
Jonathan Lamm as Chief Operating Officer and Chief Financial
Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Technology Finance Corp
399 Park Avenue
New York, NY 10022
Telephone: (212) 419-3000
About Dodge Construction Network LLC
Dodge Construction Network delivers the most accurate and
comprehensive data solutions to help you strategically plan and
connect with the projects.
ENVELOPE 1 INC: Seeks Cash Collateral Access
--------------------------------------------
Envelope 1, Inc. asks the U.S. Bankruptcy Court for the Southern
District of Florida, West Palm Beach Division, for authority to use
cash collateral.
The Debtor requests interim use of cash collateral to fund
operations, asserting that continued operations are critical to
generating new revenues and receivables.
The Debtor submitted a proposed budget covering November 15 to
December 15, allowing a 10% variance in expenditures to account for
potential fluctuations in paper procurement and other operational
needs.
Envelope 1's personal property, valued at $7,911,967, adequately
secures the claims of Spectrum Commercial Services ($700,000), US
Eagle Federal Credit Union ($1.15 million) and the U.S. Small
Business Administration (more than $1.9 million), and likely
protects the merchant cash advance creditors, assuming the loans
are valid and not usurious. The MCA lenders have claimed account
balances ranging from $60,000 to $1.92 million.
No additional liens, cash payments, or adequate protection are
proposed pending a final hearing.
Envelope 1, which manufactures and mails commercial envelopes and
their contents, voluntarily filed for Chapter 11 on November 12,
2025, and continues to operate as a debtor-in-possession.
About Envelope 1 Inc
Envelope 1, Inc manufactures and mails commercial envelopes and
their contents.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-23400) on November
12, 2025. In the petition signed by Tarry Pidgeon, president, the
Debtor disclosed up to $50 million in assets and up to $100 million
in liabilities.
Susan D. Lasky, Esq., at Susan D. Lasky, PA, represents the Debtor
as legal counsel.
EUCLID REALTY: Hires Martin Law Group P.C. as Counsel
-----------------------------------------------------
Euclid Realty Capital V, LLC seeks approval from the U.S.
Bankruptcy Court for the District of Columbia to employ Martin Law
Group, P.C. to handle its Chapter 11 case.
The firm will be paid at the rates of $365 to $575 per hour.
Martin Law Group received from the Debtor a retainer in the amount
of $10,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Jeffery T. Martin, Jr., Esq., a partner at Martin Law Group, P.C.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Jeffery T. Martin, Jr., Esq.
Martin Law Group, P.C.
8065 Leesburg Pike, Suite 750
Vienna, VA 22182
Telephone: (703) 834-5550
About Euclid Realty Capital V, LLC
Euclid Realty Capital V LLC functions as a real estate lessor and
holds a single property located at 501 Chesapeake St SE in
Washington, DC, which an expert has valued at about $1.45 million.
Euclid Realty Capital V LLC in Washington, DC, sought relief under
Chapter 11 of the Bankruptcy Code filed its voluntary petition for
Chapter 11 protection (Bankr. D.C. Case No. 25-00518) on Nov. 11,
2025, listing $1,461,962 in assets and $1,215,645 in liabilities.
Andrea Pericli as managing member, signed the petition.
Judge Elizabeth L Gunn oversees the case.
MARTIN LAW GROUP PC serve as the Debtor's legal counsel.
FIRST ADVANTAGE: Moody's Alters Outlook on 'B1' CFR to Stable
-------------------------------------------------------------
Moody's Ratings affirmed First Advantage Corporation's (First
Advantage) B1 corporate family rating and B1-PD probability of
default rating. Concurrently, Moody's affirmed First Advantage
Holdings, LLC 's backed senior secured first-lien bank credit
facilities, which includes a $250 million revolver expiring 2029
and a $2,165 million term loan due 2031, at B1. The company's
speculative grade liquidity (SGL) rating remains unchanged at
SGL-1. The outlooks at both entities were changed to stable from
negative.
The affirmation of the B1 CFR and change in outlook to stable from
negative reflects the company's solid progress in executing on the
integration of Sterling Check Corp.'s (Sterling) operations
following the largely debt financed October 2024 acquisition. The
company has realized synergies at a faster pace than Moody's had
expected. Moody's anticipates low to mid-single digit organic
revenue growth despite the tough hiring environment and profit
margin expansion to drive debt/EBITDA to under 5x by the end of
2026.
RATINGS RATIONALE
First Advantage's B1 CFR is primarily constrained by the company's
high debt/EBITDA leverage of roughly 5.4x as of September 30, 2025,
pro forma for the October 2024 Sterling Check Corp. acquisition and
including Moody's adjustments. The company's credit profile is also
negatively impacted by corporate governance concerns related to
First Advantage's concentrated equity ownership. Moody's expects
the company will continue to realize significant post-merger cost
synergies (largely headcount and third-party vendor related) over
the next 12 to 18 months, driving Moody's anticipations for profit
margin improvement and debt leverage reduction over the period,
building upon the momentum from the company's $70.5 million term
loan repayment during 2025. The considerable implementation costs
and overall scale of the Sterling integration (which Moody's
projects will conclude in 2026) still presents some execution risk
in the form of possible business disruption. However, these risks
have been somewhat mitigated by the company's successful efforts in
executing on the integration process, realizing synergies earlier
than Moody's had expected. The company's exposure to macroeconomic
cyclicality due to changes in labor market conditions as well as
competitive pressures from its direct rivals including HireRight
Holdings Corporation (B3 stable), niche providers, and potential
new market entrants could negatively impact First Advantage's
operating performance and overall credit quality. First Advantage's
customer centric approach, which has kept retention high, requires
ongoing investments in technology and automation capabilities, as
well as in its efforts to improve operational and back end
efficiencies.
The company's credit profile is supported by its global market
position and screening capabilities, which have been significantly
bolstered by the Sterling acquisition. The company's credit profile
is also supported by a diversified end market mix, as well as
long-standing relationships and high retention rates with its
blue-chip customers. The realization of additional synergies will
also augment First Advantage's already strong profitability margins
while driving improved free cash flow generation.
Moody's considers First Advantage's liquidity profile to be very
good, reflected in the SGL-1 speculative grade liquidity rating.
Support is provided by a $217 million cash balance as of September
30, 2025 and an undrawn $250 million backed senior secured
revolving credit facility that expires in October 2029. Moody's
expects First Advantage will generate healthy free cash flow over
the next 12 to 15 months, with free cash flow/debt increasing to
the mid to high single-digit percentage range as additional
synergies are realized. Additionally, Moody's don't expect the
company to renew their share repurchase program until they reach
their publicly stated net leverage target of 2x-3x (currently at
4.2x as of September 30, 2025), which Moody's anticipates could be
sometime during 2027. While the company's term loan is not subject
to financial maintenance covenants, the revolving credit facility
is subject to a springing maximum first-lien net leverage ratio of
7.75x if the amount drawn exceeds 40% of the revolving credit
facility. Moody's do not expect the company to draw on the revolver
over the next 12-15 months, but if the covenant is tested, Moody's
expects First Advantage to remain well in compliance.
The affirmation of First Advantage Holdings, LLC's backed senior
secured first lien bank credit facility rating at B1 reflects the
affirmation of First Advantage's B1 CFR. As the company's debt
capital structure is principally comprised of this single class of
debt, the B1 facility ratings are the same as the B1 CFR. The rated
debts are secured by asset pledges and unconditionally guaranteed
jointly and severally by First Advantage and all of its current and
future material domestic wholly-owned subsidiaries.
The stable outlook reflects Moody's expectations that First
Advantage's debt/EBITDA will fall and remain below 5x as the
company generates low to mid-single digit organic revenue growth
and the gradual realization of cost synergies fuels improved
profitability rates and free cash flow.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if First Advantage's operating
performance exceeds Moody's expectations and the company adopts
more balanced financial policies (including a reduction of private
ownership in the company to 50% or less), resulting in debt/EBITDA
maintained below 4x, while sustaining very good liquidity.
The ratings could be downgraded if First Advantage's operating
performance and liquidity meaningfully deteriorate or if the
company adopts more aggressive financial policies, resulting in
debt/EBITDA sustained above 5x and free cash flow/debt remaining
below 5%.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
First Advantage Corporation (NASDAQ:FA) is headquartered in
Atlanta, GA and majority-owned by Silver Lake Partners. The company
provides employment background screening, identity, and
verification solutions to a variety of industries, including
transportation, healthcare, financial services, retail and
e-commerce, and business and professional services. Moody's expects
the company to generate revenue of over $1.5 billion in 2026.
FIRST BRANDS: UMB Bank Seeks Chapter 11 Trustee Appointment
-----------------------------------------------------------
UMB Bank, N.A., the administrative agent for certain lenders, asked
the U.S. Bankruptcy Court for the Southern District of Texas to
appoint a Chapter 11 trustee for First Brands Group, LLC and
affiliates.
In a court filing, UMB Bank raised the need to appoint an
independent trustee to manage the bankruptcy cases, saying that
there are "fundamental and irreconcilable conflicts of interest"
involving First Brands Group and its subsidiaries; special purpose
entities Global Assets, LLC and Global Assets GmbH; and non-debtor
affiliates including Ultinon Motion Germany GmbH and Ultinon Motion
Delaware, LLC.
Global Assets, LLC and Global Assets GmbH are affiliates (but not
subsidiaries) of First Brands Group. They were formed as special
purpose entities with the primary purpose of buying inventory from
the Ultinon business and financing that inventory pursuant to a
pre-bankruptcy revolving credit facility with their parent Carnaby
Capital Holdings, LLC, First Brands Group, UMB Bank and the
lenders.
According to UMB Bank, the Global Assets SPEs and the Ultinon
entities are fighting over ownership of the inventory. There is no
way for the Global Assets SPEs, on the one hand, and Ultinon and
First Brands Group, on the other hand, to have a fair negotiation
when they are represented by the same counsel and same
decision-makers.
In addition, the overlapping management structure makes it
impossible to ensure disinterested decision making with respect to
intercompany transactions, allocation of expenses and the pursuit
of causes of action. By design, the Global Assets SPEs' structure
and purpose inherently conflict with those of First Brands Group
because the Global Assets SPEs are designed to be special purpose
entities with creditors and interests entirely distinct from First
Brands Group, according to UMB Bank.
The agent cited how these conflicts are further compounded by the
fact that these fiduciaries have been permitting Ultinon to take
estate assets from the Global Assets SPEs without court approval.
As a result, the purported fiduciaries cannot faithfully discharge
their duties to the Global Assets SPEs. An impartial fiduciary will
provide the neutrality required to administer the Global Assets
SPEs' cases and address issues from an unbiased perspective, UMB
Bank said.
UMB Bank claimed that the Global Assets SPEs are currently managed
by the same individuals who control all other affiliates, creating
inherent conflicts of interest and divided loyalties that prevent
management from acting solely in the best interests of the Global
Assets SPEs' estates and their creditors.
Moreover, the Global Assets SPEs' status as special purpose
entities heightens these concerns about conflicts of interest and
the ability of First Brand Group's management to act as a
fiduciary. Appointment of a neutral, independent trustee is
therefore necessary to ensure accountability, protect the estates'
assets, and protect the interests of creditors, according to UMB
Bank.
A court hearing is scheduled for December 22.
A copy of the motion is available for free at
https://urlcurt.com/u?l=7QOqVh
Counsel for UMB Bank:
Alston & Bird, LLP
Jared M. Slade, Esq.
2200 Ross Avenue
Dallas, TX 75201
Tel: (214) 922-3424
Jared.Slade@alston.com
-and-
Stephen M. Blank, Esq.
Alston & Bird, LLP
90 Park Avenue
New York, New York 10016
Tel: (212) 210-9400
Stephen.Blank@alston.com
-and-
Jacob Johnson, Esq.
Christopher A. Riley, Esq.
Alston & Bird, LLP
1201 West Peachtree Street
Atlanta, GA 30309
Tel: (404) 881-7000
Jacob.Johnson@alston.com
Chris.Riley@alston.com
About First Brands
Rochester Hills, Mich.-based First Brands Group, LLC is a global
supplier of aftermarket automotive parts.
On September 24, 2025, the Company's non-operational special
purpose entities, Global Assets LLC, Global Lease Assets Holdings,
LLC, Carnaby Capital Holdings, LLC, Broad Street Financial
Holdings, LLC, Broad Street Financial, LLC, Carnaby Inventory II,
LLC, Carnaby Inventory Holdings II, LLC, Carnaby Inventory III,
LLC, Carnaby Inventory Holdings III, LLC, Patterson Inventory, LLC,
Patterson Inventory Holdings, LLC, Starlight Inventory I, LLC and
Starlight Inventory Holdings I, LLC each filed a voluntary petition
for relief under Chapter 11 of the U.S. Bankruptcy Code in the U.S.
Bankruptcy Court for the Southern District of Texas.
Commencing on September 28, 2025, First Brands Group, LLC and 98
affiliated debtors each filed a voluntary petition for relief under
Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court
for the Southern District of Texas. In its petition, First Brands
Group listed $1 billion to $10 billion in estimated assets and $10
billion to $50 billion in estimated liabilities.
The cases are pending before the Hon. Christopher M. Lopez, and are
jointly administered under Case No. 25-90399, and consolidated for
procedural purposes only.
The Debtors tapped Weil, Gotshal and Manges, LLP as legal counsel;
Lazard Freres & Co. as investment banker; Alvarez & Marsal North
America, LLC as financial advisor; and C Street Advisory Group as
strategic communications advisor. Kroll Restructuring
Administration, LLC is the Debtors' claims, noticing and
solicitation agent.
Gibson, Dunn & Crutcher, LLP and Evercore serve as the Ad Hoc Group
of Lenders' legal counsel and investment banker, respectively.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
Wilmington Savings Fund Society, FSB, as DIP agent, is represented
by:
Jeffery R. Gleit, Esq.
Matthew R. Bentley, Esq.
ArentFox Schiff, LLP
1301 Avenue of the Americas, 42nd Floor
New York, NY 10019
Tel: (212) 484-3900
Jeffrey.Gleit@afslaw.com
Matthew.Bentley@afslaw.com
-and-
Eric J. Fromme, Esq.
555 South Flower Street, 43rd Floor
Los Angeles, CA 90071
Tel: (213) 629-7400
Eric.Fromme@afslaw.com
FIRST BRANDS: US Trustee to Update Court on Examiner Appointment
----------------------------------------------------------------
The office of the United States Trustee is slated to submit a
status report today, Dec. 1, 2025, to update the Bankruptcy Court
on his search for a Chapter 11 examiner for First Brands Group.
As widely reported, Bankruptcy Judge Christopher Lopez granted the
request of Raistone Capital LLC and Raistone Purchasing LLC –
Series XXXII for appointment of an independent examiner to
investigate the issues, facts and circumstances surrounding First
Brands' factored accounts receivable. "[S]uch an appointment is in
the best interests of creditors under section 1104(c)(1) because it
allows for a thorough and independent assessment into how more than
$2 billion of collections disappeared. Moreover, based on the
Debtors' admissions regarding accounting 'irregularities', the
Debtors cannot credibly dispute the need for an examiner and a
truly independent investigation," Raistone had argued.
Raistone XXXII and certain of the Debtors and their non-debtor
affiliates are parties to a Sixth Amended and Restated Receivables
Purchase Agreement under which Raistone XXXII purchased accounts
receivable from the Debtor Sellers in connection with goods and
services that the Debtor Sellers provided to non-debtor third
parties. Raistone says the transactions covered in the agreement
constitute "true sales" of the Purchased Receivables. As of the
Sept. 29 Petition Date, Raistone claims it is entitled to no less
than $172 million in connection with Purchased Receivables to which
it acquired title u
The U.S. Trustee had originally expected to appoint an examiner as
early as the Thanksgiving week. On Nov. 20, the U.S. Trustee
advised the Court "the anticipated timeline is not feasible given
the need to engage in a thorough process to appoint an examiner,
including opportunities for stakeholder input." The U.S. Trustee
said he has received more than 50 nominations and recommendations
of candidates, and expected "to receive more in the coming days."
"The U.S. Trustee is reviewing them as expeditiously as possible to
ensure interviews include a comprehensive and representative sample
of candidates. Given the importance of this appointment for all
parties in interest, the U.S. Trustee has also determined he should
conduct in-person interviews. With the upcoming holidays and the
need for travel, the U.S. Trustee will interview candidates as
expeditiously as possible, with an appointment following
thereafter. To keep the Court apprised of the U.S. Trustee's
expeditious efforts, the U.S. Trustee will file a status report on
December 1, 2025, updating the Court on the progress of
appointment," Trial Attorney Jayson B. Ruff said.
"The U.S. Trustee believes this process will serve the U.S. Trustee
Program's mission of preserving the integrity of the bankruptcy
system and will ensure the appointment of an examiner who will be a
true asset within the particular facts and circumstances of these
cases," according to Ruff.
In his Nov. 19 written order, Judge Lopez laid out the scope of the
Examiner's work. The examiner is directed to investigate the facts
and circumstances, including general corporate practices,
concerning the Debtors' prepetition factoring processes and
factoring transactions related to:
-- allegations that the Debtors' prepetition third-party
factoring transactions included (A) fraudulent or inaccurate
invoices and the related accounts receivable in the Debtors' books
and records and audit reports; and (B) accounts receivable factored
more than once and, in each case of (A) and (B), the persons or
entities responsible for any of the Factoring Transactions;
-- Transactions and/or transfers between any of (A) the
Debtors, (B) any insiders or affiliates of the Debtors, and (C)
entities owned or controlled by an insider or affiliates, and (D)
the unaffiliated third party factors concerning (X) the Factoring
Transactions and (Y) the transfers and use of the proceeds of such
Factoring Transactions; and
-- any accounting with respect to the proceeds of the
Factoring Transactions and any property of third parties received
by the Debtors that the Examiner deems appropriate.
The Examiner also must investigate the facts and circumstances,
including general corporate practices, concerning the Debtors'
Off-Balance Sheet Financing Transactions, related to any
transactions and/or transfers in connection therewith. The
"Off-Balance Sheet Financing Transactions" are the (i) Aequum
Facilities, (ii) CarVal Facilities, (iii) Evolution Facilities, and
(iv) Onset Master Leases.
The cost of the Examination must not exceed $7 million, inclusive
of all costs, fees, and expenses of the Examiner and any
professionals or services retained by or for the Examiner.
Within seven business days of entry of the Order approving the
Examiner's appointment, the Examiner must confer with the Debtors,
the U.S. Trustee, Raistone, the Committee, the DIP Secured Parties,
and the Third-Party Factors, counterparties to the OffBalance Sheet
Financing Transactions and file a work plan, which will address, at
a minimum:
1) a timeline for the filing reports,
2) the degree of cooperation needed from the parties to
complete such reports,
3) procedures to obtain access to documents or information the
Debtors or any other party asserts a claim of privilege, or
otherwise objects to disclosing and
4) a discovery process that may be needed to complete the
final report.
The Examiner will have no role in the prosecution of any claims or
causes of action.
About First Brands Group
Rochester Hills, Mich.-based First Brands Group, LLC, is a global
supplier of aftermarket automotive parts.
On September 24, 2025, the Company's non-operational special
purpose entities, Global Assets LLC, Global Lease Assets Holdings,
LLC, Carnaby Capital Holdings, LLC, Broad Street Financial
Holdings, LLC, Broad Street Financial, LLC, Carnaby Inventory II,
LLC, Carnaby Inventory Holdings II, LLC, Carnaby Inventory III,
LLC, Carnaby Inventory Holdings III, LLC, Patterson Inventory, LLC,
Patterson Inventory Holdings, LLC, Starlight Inventory I, LLC and
Starlight Inventory Holdings I, LLC each filed a voluntary petition
for relief under Chapter 11 of the U.S. Bankruptcy Code in the U.S.
Bankruptcy Court for the Southern District of Texas.
Commencing on September 28, 2025, First Brands Group, LLC and 98
affiliated debtors each filed a voluntary petition for relief under
Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court
for the Southern District of Texas. In its petition, First Brands
Group listed $1 billion to $10 billion in estimated assets and $10
billion to $50 billion in estimated liabilities.
The cases are pending before the Hon. Christopher M. Lopez, and are
jointly administered under Case No. 25-90399, and consolidated for
procedural purposes only.
The Debtors tapped Weil, Gotshal and Manges, LLP as legal counsel;
Lazard Freres & Co. as investment banker; Alvarez & Marsal North
America, LLC as financial advisor; and C Street Advisory Group as
strategic communications advisor. Kroll Restructuring
Administration, LLC is the Debtors' claims, noticing and
solicitation agent.
Gibson, Dunn & Crutcher, LLP and Evercore serve as the Ad Hoc Group
of Lenders' legal counsel and investment banker, respectively.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
Wilmington Savings Fund Society, FSB, as DIP agent, is represented
by Jeffery R. Gleit, Esq., and Matthew R. Bentley, Esq., at
ArentFox Schiff, LLP, in New York; and Eric J. Fromme, Esq., in Los
Angeles, California.
FOREST GOOD: Court OKs Restaurant Biz Sale to Chow F&B
------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of North
Carolina, Raleigh Division, has permitted Forest Good Eats LLC
(FGE) and its wholly-owned subsidiary, the Heritage Grille & Wine
Barrel LLC, to sell Property, free and clear of liens, claims,
interests, and encumbrances.
The Court has approved the terms and provisions of the Asset
Purchase Agreement (APA) transaction between the Debtors, Optimal
Living (landlord), and Chow F&B LLC, and/or their successor/assign
as purchaser, free and clear of liens, claims, and encumbrances.
The purchase price is $50,000.00.
FGE, a limited liability company organized and existing under the
laws of the State of North Carolina, filed a voluntary petition
seeking relief under chapter 11 of the Bankruptcy Code on May 30,
2025 .
Heritage Grille, a wholly-owned subsidiary of FGE, filed a separate
voluntary petition seeking relief under chapter 11 of the
Bankruptcy Code on the Petition Date, BK Case No. 25-02019-5-DMW.
FGE is the sole member of Heritage Grille and, as a result, holds
all membership interests in Heritage Grille.
The Purchaser is a limited liability company organized and existing
under the laws of the State of North Carolina, which has no
affiliation or relationship (familial or otherwise) whatsoever with
the Debtors, Thomas, or Wisenbaker.
Based upon the favorable terms agreed upon with the Purchaser, the
sale of the Purchased Assets and summarized in the Transaction
Approval Motion, would generate the highest return for their
creditors,
with the lowest risk to the Debtors, the bankruptcy estates, and
their creditors.
By virtue of the Transaction, and based upon the Sales Proceeds
generated thereby and the waiver/release of any liability
associated with the Lease, the sum of $50,000.00 will be available
for distribution and payment of creditors in both of the Bankruptcy
Cases.
All lienholders, interest holders, and claimants in the Bankruptcy
Cases were served with a copy of the Transaction Approval Motion
and received notice of the sale of the Purchased Assets free and
clear of liens and other interests subject to the conditions and
terms of the Order.
Purchaser is not an "insider" or "affiliate" of the Debtors as
those terms are defined in the Bankruptcy Code, and no common
identity of incorporators, directors, officers or equity-holders
exist between Purchaser and the Debtors.
The Purchaser does not assume, have any liability for, or otherwise
become responsible for any liabilities or obligations of the
Debtor, whether in rem or in personam.
About Forest Good Eats
Forest Good Eats, LLC operates Real McCoy's, a restaurant and
sports bar in Wake Forest, North Carolina. The establishment offers
American cuisine and craft beer in a casual setting.
Forest Good Eats sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-02018) on May 30,
2025. In its petition, the Debtor reported estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
Judge David M. Warren handles the case.
Joseph Zachary Frost, Esq., at Buckmiller & Frost, PLLC is the
Debtor's legal counsel.
Gulf Coast Bank & Trust Company, as secured creditor, is
represented by Lisa P. Sumner, Esq., at Maynard Nexsen, PC, in
Raleigh, North Carolina.
FXI HOLDINGS: Moody's Alters Outlook on 'Caa3' CFR to Stable
------------------------------------------------------------
Moody's Ratings has affirmed FXI Holdings, Inc.'s (FXI) Caa3
long-term corporate family rating following the company's
completion of debt exchanges. Moody's views the transactions as a
distressed exchange and affirmed the company's probability of
default rating at Caa3-PD/LD with the "/LD" appended to reflect the
limited default. Moody's also assigned a Caa2 rating to FXI's $831
million new 11% backed senior secured notes due 2030 and a Ca
rating to the $488 million new 16%/14% backed junior senior secured
notes due 2029 that were issued in exchange for the 12.25% senior
secured notes due 2026 issued on November 07, 2019 and 12.25%
senior secured notes due 2026 issued on May 1, 2023. Moody's also
assigned a B2 rating to the $50 million new 11% backed super senior
secured notes due 2030. Moody's downgraded the ratings on the
remaining 12.25% senior secured notes due 2026 that were not
exchanged to Ca from Caa3. The outlook was changed to stable from
negative.
Moody's affirmed the Caa3 CFR because continued softness in FXI's
end markets will make it challenging to reduce the company's very
high leverage, generate enough positive free cash flow to offset
growth in the pay-in-kind (PIK) interest, and improve the company's
weak liquidity. Weak consumer demand and mattress volumes stem from
sluggish home sales. Debt-to-EBITDA leverage pro forma for the
transaction remains very high at over 10x (incorporating Moody's
adjustments) for the last 12 months ended September 2025. The new
money term loan increases debt while the high average rates on the
exchanged term loans including PIK interest will add to the debt
burden. Moody's believes liquidity remains weak because FXI
utilized the bulk of the proceeds from the new money term loan to
fund accrued interest and transaction fees, the cash balance
remains minimal, and revolver capacity is limited. FXI had
approximately $67 million drawn on the asset-based revolver upon
closing of the transaction. Access to the revolver is constrained
by a minimum 12.5% availability covenant and several step downs in
the $187 million revolver commitment to a final level of $137.5
million nine months after the closing. The company's roughly $42
million of excess availability as of September 2025 (factoring in a
$4 million paydown from the transactions) on the revolver provides
limited capacity to fund seasonal working capital outlays, capital
investment and the semiannual interest rate payments.
The maintenance covenant for the sponsors to invest $140 million to
pay down the junior secured notes will support deleveraging, but
Moody's continues to believe the willingness of the sponsors to
fund the investment will likely depend on the company's performance
over the next few years. Considerable improvement in revenue and
the EBITDA margin is necessary to grow earnings by enough to reduce
leverage to a sustainable level and to generate positive free cash
flow once interest on the junior notes begins to pay in cash. A
violation of the sponsor capital contribution covenant would
constitute an event of default on the notes.
Moody's changed the outlook to stable from negative because the
transaction improves liquidity by addressing the 2026 maturities
and reducing cash interest expense. Moody's anticipates the company
will generate modestly positive free cash flow in 2026 and 2027
when a portion of the interest expense is PIK. The improved
liquidity provides the company with additional time to execute its
growth strategies. The company amended the revolver to extend the
expiration to the earlier of: 1) December 15, 2029 or 2) 91 days
before the junior notes mature if they are outstanding.
Moody's consider the transaction a distressed exchange because the
company does not have sufficient funds or alternatives to address
the maturities and the leverage is at an unsustainable level. The
transaction subordinates a portion of the existing notes into a new
junior lien security and results in a portion of the interest
transitioning to pay-in-kind. Stripping collateral, guarantees and
covenant protections on unexchanged notes also created an incentive
to accept the exchange offer to avoid becoming subordinate to a
material amount of debt.
The transaction will increase interest by approximately $25
million. Moody's projects free cash flow will be roughly negative
$35 million in 2025 as profitability is weak but will turn modestly
positive over the next 12-18 months as cash interest declines due
to the transaction and as a result of an expected modest
improvement in EBITDA. Moody's expects some stabilization in the
mattress and furniture end-markets in 2026 from very depressed
levels and for recent distribution gains in FXI's retail business
as well as recent pricing and cost saving initiatives to support
earnings growth.
Exchanging lenders received $618 ($553 if accepted after the early
tender date of November 04, 2025) of new 11% senior secured notes
due 2030 and $397 of new 16%/14% junior secured notes due 2029 for
every $1,000 of existing 12.25% senior secured notes due 2026,
issued in 2019, and 12.25% senior secured notes due 2026, issued as
part of a previous exchange offer in 2023. Interest on the junior
notes of 16% will be "Paid-in-Kind" until November 2028 at which
point the notes will pay 14% in cash interest until they mature.
Note holders approved the company's consent solicitation to remove
most covenant and default protections and releases the collateral
on the existing 12.25% notes due in 2026.
The ratings on the 11% new money super senior secured notes, 11%
senior secured notes and 16%/14% junior secured notes reflect
Moody's recovery expectations based on the relative positioning in
the revised debt structure. Moody's downgraded the rating on the
remaining 12.25% two existing notes due 2026 issued in 2021 to Ca
from Caa3 to reflect that the notes are now unsecured and
effectively subordinated to the material amount of secured debt.
The subordination weakens recovery in a default scenario.
RATINGS RATIONALE
FXI's Caa3 CFR reflects the company's very high leverage, weak free
cash flow, good market position and cyclical exposure. Soft
consumer demand across the furniture and mattress end-markets
continue to weigh on profitability. Earnings improvement in FXI's
retail business has not been sufficient to offset the weakness in
its other operations. Liquidity is weak because of a minimal cash
balance and constrained availability on the ABL revolver provide
limit flexibility to fund seasonal working capital needs, capital
investment and debt service. Moody's projects the roughly $57
million reduction in run rate cash interest due to the transactions
should lead to positive free cash flow in 2026. The PIK interest
will nevertheless lead to a growing debt balance and make it
challenging to reduce the very high debt-to-EBITDA leverage that
Moody's projects will be around 9x in 2026.
FXI operates in cyclical mattress, furniture and automotive markets
and profitability is sensitive to downturns in the economic cycle
as consumers reduce spending on discretionary goods. Leverage is
very high as a result of the large debt funded acquisition of
Innocor Inc. in 2020 and ongoing earnings pressure. An aggressive
financial policy and steps such as distressed exchanges that
preserve FXI's private equity ownership positions create high
governance risk. Positive factors include the company's large
scale, strong market position in the US foam manufacturing industry
and good end market diversity through its retail bedding, OEM
bedding and furniture, transportation and medical & technical
segments. FXI partially mitigates earnings volatility associated
with chemical prices with its pass-through contracts.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if the company earnings and free
cash flow do not improve. The ratings could also be downgraded if
FXI liquidity deteriorates or the risk of a default increases.
Ratings could also be downgraded if recovery values weaken.
The ratings could be upgraded if the company demonstrates sustained
operational improvement including higher revenue and EBITDA that
leads to lower leverage and sustained positive free cash flow. An
upgrade would also require a substantial improvement in liquidity.
PRINCIPAL METHODOLOGY
The principal methodology used in these ratings was Consumer
Durables published in September 2021.
The Caa3 CFR is two notches below the Caa1 scorecard-indicated
outcome. The difference reflects the execution risk to improve
earnings, reduce the company's very high leverage and generate
sustained positive free cash flow amid challenging end market
conditions.
PROFILE
Headquartered in Radnor, Pennsylvania, FXI is a North American
comfort technologies provider serving multiple end-markets at
scale. End-markets and applications include bedding, furniture,
comfort and acoustic applications in transportation, surgical
applicators, and filtration and industrial acoustic management. The
company is owned by One Rock Capital Partners LLC (One Rock) and
Bain Capital Private Equity, LP. This follows One Rock's
acquisition of FXI in 2017 and FXI's subsequent acquisition of
Innocor Inc. in February 2020. Revenue was approximately $1.2
billion for the 12 months ended September 2025.
FXI HOLDINGS: S&P Upgrades ICR to 'CCC', Outlook Negative
---------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on FXI Holdings
Inc., a U.S.-based producer of engineered polyurethane foam
solutions, to 'CCC' from 'D'.
S&P said, "At the same time, we assigned a 'B-' issue-level and '1'
recovery rating to the new super senior secured notes due 2030, a
'CCC' issue-level and '3' recovery rating to the new senior secured
notes due 2030 and a 'CC' issue-level, and '6' recovery rating to
the new junior secured notes due 2029.
"The negative outlook reflects our view of the company's minimal
liquidity cushion in the near term to withstand any unanticipated
weakness in cash flows that could pressure covenant compliance."
FXI Holdings completed a debt restructuring that has extended its
debt maturity profile and reduced its cash debt-servicing needs
materially.
S&P expects liquidity will be limited in the near term and debt
leverage will remain unsustainably high over the next 12 months, as
earnings improvements are partially offset by increasing debt
balances due to payment-in-kind (PIK) interest.
As a result of the debt exchange, FXI has materially reduced its
cash interest expenses resulting in positive FOCF expectations in
the next few years, but there is limited liquidity cushion. Post
restructuring, annual run rate cash interest requirements have
decreased by about $53 million for 2026-2028, primarily due to the
new debt containing a meaningful PIK component across this period.
S&P said, "As a result, we expect positive S&P Global
Ratings-adjusted FOCF in those years. While this is a positive
credit factor, we currently view FXI's liquidity as less than
adequate given current its liquidity sources are still around 1x
its uses for the next 12 months including a seasonal
working-capital build, cash interest payments, and maintenance
capital expenditures (capex). The asset-based lending (ABL)
facility has limited capacity, constrained by the minimum excess
availability financial covenant. Despite our base-case forecast of
an improvement in cash flows and liquidity over the next 12 months,
we note risks to these expectations given subdued consumer
discretionary spending, continued high interest rates and
inflation, competition in home furnishings, and potential for
liquidity and covenant compliance becoming challenged due to
underperformance."
S&P said, "FXI has extended its debt maturities, but we consider
its leverage metrics unsustainable in the long term. It exchanged
nearly all of its aggregate principal under its two 12.25% senior
notes tranches due in November 2026 for new notes with maturities
in 2029 and 2030. The company also amended the maturity year on its
ABL facility to 2029. As a result, FXI effectively extended its
debt maturity profile by at least three years. However, its S&P
Global Ratings-adjusted debt to EBITDA is 10x-11x on a
weighted-average basis, which we consider unsustainably high. We
expect the metric to stay above 10x before dropping below this
range in 2027 due to EBITDA growth which is partially offset by
higher debt that largely stems from the 16% PIK coupon on the
junior secured notes until November 2028. With its improved cash
flows next year, FXI is pursuing commercial opportunities in its
retail business, which has a higher margin than other segments. We
believe this will support EBITDA improvement in late 2026 and 2027,
coupled with a modest resumption of consumer spending and some
tailwinds from U.S. tariffs on China (low-cost bedding imports).
"We anticipate post-restructuring cash flow improvements will
enable FXI to pursue strategic growth initiatives and focus on
expanding its higher margin retail business. During the first nine
months of 2025, FXI's consolidated operating performance was down
year-over-year, primarily due to persistent demand softness and
competition in the original equipment manufacturer (OEM) bedding
and furniture segment. This was partially offset by strength in its
engineered solutions business while retail was slightly down. We
expect S&P Global Ratings-adjusted EBITDA for 2025 will be modestly
lower than for 2024."
FXI has performed relatively well in its retail business, which
largely offers bedding products, including mattresses, toppers,
pillows, and play furniture. The company benefits from a largely
local, vertically integrated supply chain. It produces most of its
retail and OEM bedding and furniture products in the U.S., with
some engineered solutions products made in Mexico and exempt from
U.S. tariffs. S&P said, "In 2026 and 2027, we expect revenue growth
in FXI's retail segment will benefit from commercial execution
including new product launches and share gains within the U.S.
market while overall softness in the home furnishings space
persists through at least most of 2026 due to macroeconomic
uncertainty and low consumer confidence limiting discretionary
spending. We expect FXI--with its largely domestic manufacturing
footprint--to benefit somewhat from the current tariff environment,
which has diminished the cost competitiveness of lower-cost
imported mattresses. We expect EBITDA margins in FXI's OEM bedding
and furniture segment to remain weak due to competition. Overall,
we expect its S&P Global Ratings-adjusted EBITDA margins will
improve gradually because of an increased concentration of
higher-margin retail sales and better fixed-cost absorption."
S&P notes the acquisition of the largest U.S. bedding retailer by
the largest bedding manufacturer in early 2025 and will continue to
monitor any resulting adverse impacts on the industry's competitive
dynamics.
The negative outlook on FXI reflects at least a one in three chance
of a downgrade within the next few quarters if volume and demand
challenges--particularly in its OEM bedding and furniture
segment--are greater than anticipated. This could deteriorate
earnings, cash flow, and liquidity. It could also reduce the
cushion under its covenants over the next 12 months, especially
after the interest payments on its notes each year in May and
November. S&P said, "We expect the material reduction in annual
cash interest costs will enable growth spending for FXI in the next
few years. In our base case, we expect modestly positive FOCF in
2026 and an improvement in 2027. We anticipate the company's S&P
Global Ratings-adjusted debt to EBITDA metric to be 10x-11x on a
weighted-average basis."
S&P could lower its rating on FXI over the next 12 months if:
-- Free cash flow deficits lead to liquidity challenges;
-- It breaches its minimum excess availability covenant under its
ABL facility;
-- It skips an interest payment; or
-- Earnings don't improve as S&P expects due to a prolonged
slowdown in consumer spending hindering end-market demand, a loss
of market share for FXI's customers, or its commercial execution
with new and existing customers being slower than it anticipates.
S&P could take a positive action on FXI over the next 12 months
if:
-- Its liquidity improves significantly on positive free cash flow
generation or other cash-generation avenues such that its liquidity
sources approach 1.2x its uses over the next 12 months; and
-- Earnings improve more than S&P expects due to successful
commercial execution, particularly in the retail segment,
faster-than-anticipated improvement in end-market demand, or
reduced competition in the U.S. bedding and furniture markets.
Before any positive rating action, S&P would also expect the
company's S&P Global Ratings-adjusted debt to EBITDA metric to
remain below 10x.
GEC TRANSPORT: Gets Final Approval to Use Cash Collateral
---------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Texas,
McAllen Division, issued a final order authorizing GEC Transport
Solutions, LLC to use the cash collateral of its secured creditors
to fund operations.
The court authorized the Debtor to use the cash collateral of
Commercial Credit Group, JD Factors, Alpine Advance 5, LLC and the
U.S. Small Business Administration to pay the expenses outlined in
its approved budget, with a 15% variance allowed per month. Unused
funds can be carried forward or reallocated to other budget line
items as necessary.
As adequate protection, the secured creditors will be granted a
replacement lien on the Debtor's post-petition property, with the
same validity, priority and extent as their pre-bankruptcy lien. In
case of any diminution in the value of their collateral, the
secured creditors will receive a superpriority administrative
claim.
Additionally, the final order includes a carveout provision
allowing up to $15,000 for approved professional fees and $50,000
for trustee expenses under Section 726(b) of the Bankruptcy Code,
ensuring administrative costs are covered before creditor
recoveries. All liens and superpriority claims of the secured
lenders remain subject to this carveout.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/HI99O from PacerMonitor.com.
About GEC Transport Solutions LLC
GEC Transport Solutions, LLC is a logistics and transportation
company based in Pharr, Texas, operating a fleet of 131 trucks and
trailers nationwide.
GEC Transport Solutions sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Texas Case No. 25-70297) on
October 6, 2025, listing up to $10 million in both assets and
liabilities. Benjamin Cavazos, company owner, signed the petition.
Judge Eduardo V. Rodriguez oversees the case.
Susan Tran Adams, Esq., at Tran Singh, LLP, represents the Debtor
as legal counsel.
J D Factors LLC, as DIP lender, is represented by:
Trent L. Rosenthal, Esq
Rosenthal Law Firm, P.L.L.C.
675 Bering, Suite 150
Houston, TX 77057
Telephone: (713) 647-8177
Facsimile: (713) 647-8127
trosenthal@rosenthallaw.com
GRACE BAPTIST: Seeks to Hire Kiem Law PLLC as Counsel
-----------------------------------------------------
Grace Baptist Church St. Lucie, Inc. seeks approval from the U.S.
Bankruptcy Court for the Southern District of Florida to employ
Kiem Law PLLC as counsel.
The firm will provide these services:
(a) give advice to the Debtor with respect to its powers and
duties as a debtor in possession and the continued management of
its business operations;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
(c) prepare motions, pleadings, orders, applications, adversary
proceedings, and other legal documents necessary in the
administration of the case;
(d) protect the interest of the debtor in all matters pending
before the court;
(e) represent the Debtor in negotiation with its creditors in
the preparation of a plan.
The firm will be paid at these rates:
Attorneys $450 per hour
Paralegals $100 to $250 per hour
The firm will be paid a retainer in the amount of $15,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Kiem disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Tarek K. Kiem, Esq.
Kiem Law, PLLC
8461 Lake Worth Road, Suite 114
Lake Worth, FL 33467
Tel: (561) 600-0406
Fax: (561) 763-7355
Email: tarek@kiemlaw.com
About Grace Baptist Church St. Lucie, Inc.
Grace Baptist Church St. Lucie Inc., based on SE Lennard Road in
Port Saint Lucie, Florida, delivers religious services and
community-focused programs for a diverse, multi-generational
congregation, including worship services, Bible studies, and
children's activities, and functions within the U.S. religious
institutions sector.
Grace Baptist Church St. Lucie Inc.sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-22641) on
October 27, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
The Debtor is represented by Tarek K Kiem, Esq. of KIEM LAW PLLC.
GREAT CANADIAN GAMING: S&P Alters Outlook to Neg, Affirms 'B-' ICR
------------------------------------------------------------------
S&P Global Ratings revised the outlook on Canada-based regional
gaming operator Great Canadian Gaming Corp. (GCGC) to negative. At
the same time, S&P affirmed the 'B-' issuer credit rating on the
company. S&P also affirmed its 'B' issue-level rating and '2'
recovery rating. S&P will reassess the recovery ratings once the
British Columbia asset sales are completed.
S&P said, "The negative outlook reflects the probability that we
will lower our ratings over the next 12 months if we forecast
GCGC's FFO cash interest coverage approaches 1x due to prolonged
weakness because of poor macroeconomic conditions and if the
company faces persistent challenges in ramping up the Ontario
assets."
GCGC's operating performance continues to trend below our
expectations, and we expect revenue and EBITDA could be pressured
through 2026 such that leverage will remain elevated and funds from
operations (FFO) cash interest coverage could be below 1.5x.
In addition, the company plans to use proceeds from its British
Columbia casino properties sales for debt repayment. Nevertheless,
given S&P's expectation for lackluster operating performance, the
debt repayment will likely result in very modest improvement in
credit metrics. The divestiture also reduces the company's scale
and geographic diversity.
S&P said, "The negative outlook reflects our view that GCGC's
operating performance could remain weak through 2026. We expect the
company's leverage to remain elevated--we forecast it will improve
by only about 0.5x--following debt paydown compared with the 8.8x
leverage the company exited with in its last quarter.
"Its year-to-date September 2025 operating performance is below our
expectations. The company's revenues declined by close to 12%
relative to the same period last year and EBITDA declined by almost
25%." This weak operating performance is due to softness at its
subsidiary, Ontario Gaming GTA L.P. (OTG) and the ongoing impact of
the Casino Operating Servicing Agreement (COSA) contract reversion.
Macroeconomic softness and lower-than-expected visitations
continued to affect OTG's gaming revenues.
Furthermore, higher costs such as one-time artist fees and
marketing expenses weighed on OTG's EBITDA. Separately, the adverse
impact of east and west GTA COSA contract reversions continue to
affect GCGC's consolidated EBITDA more prominently on a
last-12-month (LTM) basis as the company rolls off stronger
quarters from the previous year. As a result, its S&P Global
Ratings-adjusted debt to EBITDA for LTM ended September 2025
remained elevated at about 8.8x and FFO to cash interest coverage
deteriorated to 1.2x.
S&P said, "Based on our recent economic research, we envision that
amid macroeconomic uncertainty, the adverse impact of trade
tensions and rising unemployment rates could weaken any consumer
resiliency in 2025 and limit spending growth in 2026. In order to
reflect this risk, we further revised our 2026 EBITDA forecast
downward relative to our previous forecast. Even without factoring
in the EBITDA loss from proposed asset sales, we now expect its
2026 EBITDA could be 12%-13% weaker relative to our previous
forecast for 2026. As a result. we expect GCGC to exit 2026 with
FFO to cash interest coverage of 1.2x-1.3x, which is weaker than
our downside threshold of 1.5x."
Following asset sales, GCGC's performance will hinge on OTG's
operations. Between Oct 31st and Nov 10th 2025, GCGC announced
definitive agreements to sell four of its casino properties in
British Columbia, including its RiverRock Casino resort. RiverRock
Casino Resort is its largest and most strategically located casino
property in the Vancouver Lower Mainland area. S&P believes the
asset divestitures will not only meaningfully erode GCGC's market
position as the No. 1 gaming operator in British Columbia but will
also shrink its EBITDA scale as well as geographic diversity.
S&P said, "Pro forma the sale of the assets, we estimate the
Ontario bundles will constitute about 60% of GCGC's overall
combined EBITDA. Therefore, after the sale and absent COSA contract
negotiations, GCGC's performance will largely depend on the OTG's
performance. This could result in greater EBITDA volatility should
the operating performance at OTG remain lackluster in the near
term.
"GCGC management has stated it will use C$650 million-C$675 million
of proceeds from asset sales toward debt repayment. However,
considering its subdued operating performance and incorporating a
meaningful and stable EBITDA lost from asset sales, we estimate the
overall impact of debt repayment, pro forma the asset sale, will
likely result in a very modest improvement in credit measures.
"We expect GCGC to maintain a sufficient liquidity cushion despite
lower free cash flow. As a result of weaker EBITDA pro forma the
asset sales, we now forecast GCGC's free operating cash flow after
lease payments to be break-even in 2026. That said, the company has
cash of about C$300 million and full availability under the C$233
million cash flow revolver facility. Therefore, we believe it will
have a sufficient liquidity cushion for the next 12 months to
operate amid a challenging operating environment.
"The negative outlook reflects the probability that we will lower
our ratings over the next 12 months if we forecast GCGC's FFO cash
interest coverage will approach 1x due to prolonged weakness
because of poor macroeconomic conditions and if the company faces
persistent challenges in ramping up Ontario assets.
"We could lower our rating if we expect GCGC's EBITDA to further
weaken such that FFO cash interest coverage approaches 1x, the
company's cash flow deteriorates to significant deficits, and
liquidity weakens such that we view the capital structure as
unsustainable." Such a situation could occur if:
-- The macroeconomic situation continues to weaken such that
visitations and gaming revenues continue to decline; or
-- Financial owners pursue aggressive debt-funded dividends, which
could increase debt on an already heavily debt-loaded balance
sheet.
S&P said, "We could revise the outlook on GCGC to stable if its
operating performance strengthens such that FFO to cash interest
coverage improves over 1.5x on a sustained basis and we no longer
view the capital structure as unsustainable." Such a scenario could
occur if east and west GTA region EBITDA is restored to historical
levels, and management's initiatives in the Toronto and Pickering
casinos result in positive revenue and EBITDA growth.
GREAT LAKES IX: S&P Assigns Prelim BB- (sf) Rating on Cl. E Notes
-----------------------------------------------------------------
S&P Global Ratings assigned its preliminary ratings to Great Lakes
CLO IX Ltd./Great Lakes CLO IX LLC's floating-rate debt.
The debt issuance is a CLO securitization governed by investment
criteria and backed primarily by middle market speculative-grade
(rated 'BB+' or lower) senior secured term loans. The transaction
is managed by BMO Asset Management Corp.
The preliminary ratings are based on information as of Nov. 26,
2025. Subsequent information may result in the assignment of final
ratings that differ from the preliminary ratings.
The preliminary ratings reflect S&P's view of:
-- The diversification of the collateral pool;
-- The credit enhancement provided through subordination, excess
spread, and overcollateralization;
-- The experience of the collateral manager's team, which can
affect the performance of the rated debt through portfolio
identification and ongoing management; and
-- The transaction's legal structure, which is expected to be
bankruptcy remote.
Preliminary Ratings Assigned
Great Lakes CLO IX Ltd./Great Lakes CLO IX LLC
Class X, $4.50 million: AAA (sf)
Class A-1, $161.00 million: AAA (sf)
Class A-1L loans, $100.00 million: AAA (sf)
Class A-2, $9.00 million: AAA (sf)
Class B, $36.00 million: AA (sf)
Class C (deferrable), $36.00 million: A (sf)
Class D (deferrable), $27.00 million: BBB- (sf)
Class E (deferrable), $27.00 million: BB- (sf)
Subordinated notes, $53.50 million: NR
NR--Not rated.
GREENWAVE TECHNOLOGY: Nasdaq Grants Stay Through Jan. 13 Hearing
----------------------------------------------------------------
As previously announced on November 20, 2025, Greenwave Technology
Solutions, Inc., received a Staff Determination Letter from the
Nasdaq Listing Qualifications Staff based on the Company's
non-compliance with Nasdaq Listing Rule 5250(c)(1) because the
Company had not yet filed its Quarterly Reports on Form 10-Q for
the periods ended March 31, 2025, June 30, 2025 and September 30,
2025, with the Securities and Exchange Commission.
On November 21, 2025, the Company timely requested a hearing before
the Nasdaq Hearings Panel and also requested that the automatic
stay of suspension be extended through the completion of the
hearings process and the expiration of any additional extension
period granted by the Panel following the hearing.
The hearing is scheduled for January 13, 2026, and the Company's
request for the automatic stay of suspension was granted.
The Company filed its Quarterly Report on Form 10-Q for the period
ended March 31, 2025 on November 19, 2025, and is actively working
towards the filing of the Quarterly Reports on Form 10-Q for the
periods ended June 30, 2025 and September 30, 2025 as promptly as
possible in order to ensure full compliance with the Filing Rule.
About Greenwave
As an operator of 13 metal recycling facilities, Greenwave
Technology Solutions, Inc. -- https://www.gwav.com/ -- supplies
leading steel mills and industrial conglomerates with ferrous and
non-ferrous metal. With steel being one of the most recycled
materials worldwide, Greenwave supplies the raw metal utilized in
critical infrastructure projects and U.S. warships vital to
American national security interests. Headquartered in Chesapeake,
Virgina, the Company has 167 employees with metal recycling
operations across Virginia, North Carolina, and Ohio.
New York, N.Y.-based RBSM LLP, the Company's auditor since 2020,
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 net
loss, has generated negative cash flows from operating activities,
and has an accumulated deficit, which raise substantial doubt about
the Company's ability to continue as a going concern.
As of March 31, 2025, the Company had $67,519,865 in total assets,
$25,986,815 in total liabilities, and $41,533,050 in total
stockholders' equity.
GREENWAVE TECHNOLOGY: Reports $7.7MM Net Loss in 2025 Q1
--------------------------------------------------------
Greenwave Technology Solutions, Inc. filed with the U.S. Securities
and Exchange Commission its Quarterly Report on Form 10-Q reporting
a net loss available to common stockholders of $7,665,703 during
the three months ended March 31, 2025, compared to $33,460,778
during the same period in 2024.
For the three months ended March 31, 2025, the Company generated
$7,333,710 in revenues, as compared to $8,504,777 during the same
period in 2024.
As of March 31, 2025, the Company had $67,519,865 in total assets,
$25,986,815 in total liabilities, and $41,533,050 in total
stockholders' equity.
As of March 31, 2025, the Company had cash of $5,501,755 and a
working capital deficit of $7,478,957.
The accumulated deficit as of March 31, 2025 was $503,978,049.
These conditions raise substantial doubt about the Company's
ability to continue as a going concern within the next 12 months.
If the Company raises additional funds by issuing equity
securities, its stockholders would experience dilution. Additional
debt financing, if available, may involve covenants restricting its
operations or its ability to incur additional debt.
Any additional debt financing or additional equity that the Company
raises may contain terms that are not favorable to it or its
stockholders and require significant debt service payments, which
diverts resources from other activities.
The Company's ability to raise additional capital will be impacted
by market conditions and the price of the Company's common stock.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/p7btsbyz
About Greenwave
As an operator of 13 metal recycling facilities, Greenwave
Technology Solutions, Inc. -- https://www.gwav.com/ -- supplies
leading steel mills and industrial conglomerates with ferrous and
non-ferrous metal. With steel being one of the most recycled
materials worldwide, Greenwave supplies the raw metal utilized in
critical infrastructure projects and U.S. warships vital to
American national security interests. Headquartered in Chesapeake,
Virgina, the Company has 167 employees with metal recycling
operations across Virginia, North Carolina, and Ohio.
New York, N.Y.-based RBSM LLP, the Company's auditor since 2020,
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 net
loss, has generated negative cash flows from operating activities,
and has an accumulated deficit, which raise substantial doubt about
the Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $63,087,617 in total assets,
$26,132,634 in total liabilities, and a total stockholders' equity
of $36,954,983.
GRIT PRODUCTIONS: Gets Interim OK to Use Cash Collateral
--------------------------------------------------------
Grit Productions, LLC and its affiliates got the green light from
the U.S. Bankruptcy Court for the Northern District of Texas, Fort
Worth Division, to use cash collateral.
At the recent hearing, the bankruptcy court authorized the Debtors'
interim use of cash collateral and scheduled a final hearing for
December 11.
The Debtors intend to use cash collateral strictly in accordance
with their budget to pay expenses, preserve equipment and
inventory, collect receivables, maintain vendor and customer
confidence, and fund administrative costs. All available cash is
claimed as cash collateral of PlainsCapital Bank.
To satisfy section 363(e) of the Bankruptcy Code, the Debtors offer
adequate protection in the form of post-petition replacement liens,
superpriority administrative claims for any diminution in
collateral value (subject to a professional-fee carve-out), and
payments of $150,000 once funds held by Authorize.net are released.
Grit Productions and its affiliates are high-growth companies in
the live events and production industry. Their decade of expansion
accelerated between 2021 and 2024 when revenues exceeded $20
million and led to more than $7 million in equipment acquisitions,
staff expansion, and reliance on interim financial advisors during
a CFO search. These advisors introduced merchant cash advance loans
that became unsustainable.
Concurrently, the Debtors pursued extensive financing arrangements
with PlainsCapital in 2023, resulting in multiple notes and
revolving credit lines totaling more than $5.2 million, all secured
by a first-priority lien on substantially all assets, including
accounts and receivables. PlainsCapital perfected these liens
through several UCC filings. Meanwhile, junior lienholders appear
undersecured and the Debtors dispute many asserted liens.
Financial pressures intensified in 2025 when the Debtors' largest
client abruptly cut more than $5 million in expected spending due
to market conditions such as tariffs, leaving Grit with rising
operational obligations, heavy leverage, and liquidity shortfalls.
Facing these constraints, the Debtors chose Chapter 11 as the most
responsible way to protect employees, customers, and long-term
enterprise value.
About Grit Productions LLC
Grit Productions, LLC, Grit Expositions, LLC, Grit Transportation
Services, LLC, and Grit Holding Company, LLC operate as an
integrated group providing event-industry services that include
general services contracting, event production, video production,
content development, studio services, logistics support, and event
freight transportation. The companies offer single-source solutions
for live events, meetings, and expositions across their production,
planning, and transportation segments. They also engage in
community-focused initiatives related to industry development,
sustainability, and local outreach.
Grit Productions and its affiliates sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. N.D. Texas Lead Case No.
25-44447) on November 13, 2025. At the time of the filing, Grit
Productions listed between $1 million and $10 million in assets and
between $10 million and $50 million in liabilities.
Judge Mark X. Mullin oversees the case.
Bryan C. Assink, Esq., at Bonds Ellis Eppich Schafer Jones, LLP,
represents the Debtors as legal counsel.
GROFF TRACTOR: Court OKs Continued Cash Collateral Access
---------------------------------------------------------
Groff Tractor Mid Atlantic, LLC and affiliates received an
extension from the U.S. Bankruptcy Court for the Northern District
of Texas, Fort Worth Division, to use cash collateral and
debtor-in-possession financing from CNH Industrial Capital America,
LLC.
The court issued a second interim order granting the Debtors
approval to continue to operate under the floorplan financing
agreements with CNH, and to use cash collateral and DIP financing
until December 12 while the Debtors negotiate broader DIP financing
with Manufacturers and Traders Trust Company.
The second interim order is substantively similar to the first but
includes additional terms such as requiring Groff to pay all
outstanding floorplan obligations; granting CNH Capital first
priority liens securing those amounts; authorizing CNH to apply
credits generated by Groff toward pre-bankruptcy debt; preserving
CNH's audit and inspection rights; requiring Groff to pay for
extended warranty and insurance costs on units previously sold; and
allowing CNH, at its discretion and within the interim budget, to
continue short-term financing for presold trade-in inventory.
The second interim order is available at https://is.gd/dut0ku from
PacerMonitor.com.
The final hearing is set for December 11. The deadline for filing
objections is on December 4.
About Groff Tractor Mid Atlantic
Groff Tractor Mid Atlantic, LLC and subsidiaries operate a network
of construction equipment dealerships serving the Mid-Atlantic
region of the United States. The company sells, rents, and services
heavy and compact construction machinery, offering parts and
attachments for brands such as Wirtgen, Hamm, Vogele, Transtech,
Thunder Creek, John Deere Equipment, and TopCon.
Groff Tractor Mid Atlantic sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Texas Case No. 25-90010) on
October 14, 2025. In its petition, the Debtor reported between $100
million and $500 million in assets and liabilities.
Honorable Bankruptcy Judge Edward L. Morris handles the case.
The Debtor tapped Bonds Ellis Eppich Schafer Jones, LLP as legal
counsel; Michael Juniper of CR3 Partners, LLC as chief
restructuring officer; and TM Capital as investment banker. Epiq
Corporate Restructuring, LLC is the Debtor's claims and noticing
agent.
The U.S. Trustee for Region 6 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
HANNA JESIONOWSKA: Hires Martin Tax Group as Accountant
-------------------------------------------------------
Hanna Jesionowska Practice LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of New York to employ
Martin Tax Group as accountant.
The firm's services include:
(a) preparing the Monthly Operating Reports;
(b) preparing all the financial information to proceed with a
Plan of Reorganization and Disclosure Statement;
(c) responding to all requests for financial information from
creditors and the United States Trustee's Office;
(d) assisting the Debtor in determining from the Debtor's books
and records whether there exist any fraudulent conveyances,
avoidable preferences, or causes of action that may benefit the
Debtor's estate;
(e) consulting with the Debtor with respect to any matters
regarding taxation, including the filing of appropriate returns;
and
(f) performing such other reasonably necessary accounting
services that the Debtor my require.
The firm will be paid at these rates:
Partners $300 per hour
Managers $260 per hour
Staffs $180 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Martin disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Robert Martin
Martin Tax Group
3930 Richmond Avenue, Suite 103
Staten Island, NY 10312
Tel: (347) 279-4857
About Hanna Jesionowska Practice LLC
Hanna Jesionowska Practice LLC operates a medical practice
specializing in obstetrics and gynecology at 159 East 74th Street,
Unit 1, New York, serving patients in the area.
Hanna Jesionowska Practice LLC in New York NY, sought relief under
Chapter 11 of the Bankruptcy Code filed its voluntary petition for
Chapter 11 protection (Bankr. S.D.N.Y. Case No. 25-12501) on Nov.
7, 2025, listing as much as $1 million to $10 million in both
assets and liabilities. Hanna Jesionowska as manager and sole
member, signed the petition.
LAW OFFICE OF LEO FOX, ESQ. serve as the Debtor's legal counsel.
HANSEN-MUELLER: Seeks to Use Cash Collateral
--------------------------------------------
Hansen-Mueller Co. asks the U.S. Bankruptcy Court for the District
of Nebraska for authority to use cash collateral and provide
adequate protection to BMO Bank, N.A.
BMO Bank, N.A., acting as administrative and collateral agent for
certain secured lenders under a series of credit and security
agreements originally executed on March 30, 2023, and subsequently
amended multiple times.
The secured lenders' liens cover both personal property and real
estate collateral, including accounts, inventory, equipment,
intellectual property, and other assets. As of November 14, 2025,
the Debtor owes approximately $50.9 million under the loan, plus a
$2.6 million deficiency fee, and holds roughly $6 million in cash
collateral. The Debtor's immediate post-petition liquidity needs
include bi-weekly payroll of approximately $430,000, insurance
obligations of $215,000 per month, taxes of $500,000, and ongoing
operational expenses, making access to cash collateral critical for
continuing operations and preserving going concern value.
The proposed interim order grants adequate protection to BMO and
other secured lenders, including replacement liens, superpriority
claims, payment of postpetition fees, and automatic termination of
the automatic stay upon certain events of default. The Debtor’'
stipulations regarding the validity, priority, and enforceability
of the secured claims are binding on the Debtor but without
prejudice to third-party rights.
The Debtor also seeks authorization to process checks and
electronic transfers in accordance with the approved budget and
requests the scheduling of a final hearing on the Debtor's use of
cash collateral.
A copy of the motion is available at https://urlcurt.com/u?l=qLsJ2m
from PacerMonitor.com.
About Hansen-Mueller Co.
Hansen-Mueller Co. is a nationwide agribusiness company
headquartered in Omaha, Nebraska, engaged in grain merchandising
and processing with a diversified platform spanning the central
United States, including nine grain elevators, four port terminals,
and an oats processing facility producing pet food and animal feeds
in Toledo, Ohio. The Company operates four complementary business
units -- Oat Trading, Wheat Merchandising, Cross-Country Trading,
and a Houston Joint Venture -- and maintains grain trading offices
in multiple states, supported by a private railcar fleet and
multi-modal transportation network for domestic and international
flows. Founded in 1979, Hansen-Mueller employs approximately 120
people across its operations in the U.S. and conducts business in
44 states and 24 countries, focusing on niche crops, international
trade, and vertically integrated processing.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Neb. Case No. 25-81226) on November 17,
2025. In the petition signed by Michael Compton, chief
restructuring officer, the Debtor disclosed up to $500 million in
both assets and liabilities.
Judge Thomas L. Saladino oversees the case.
The Debtor tapped KOLEY JESSEN P.C., L.L.O. As legal counsel,
SILVERMAN CONSULTING as restructuring advisor, MICHAEL G. COMPTON
as chief restructuring officer and financial advisor, ASCENDANT
CONSULTING PARTNERS, LLC as investment banker, and EPIQ BANKRUPTCY
SOLUTIONS, LLC as notice, claims, and solicitation agent.
HARVEST SHERWOOD: Butterball Out as Committee Member
----------------------------------------------------
The U.S. Trustee for Region 6 disclosed in a notice that these
creditors are the remaining members of the official committee of
unsecured creditors in the Chapter 11 cases of Harvest Sherwood
Food Distributors, Inc. and its affiliates:
1. Ryder Truck Rental, Inc.
Michael Mandell
Corporate Collection and Bankruptcy Manager
2333 Ponce De Leon Blvd., Suite 700
Coral Gables, FL 33134
954-439-4477
mandms@ryder.com
2. Viz Cattle Corporation, doing business as SuKarne
Edwin Botero, President Viz Cattle
17800 Castleton Street, Suite 435
City of Industry, CA 91748
310-702-7319
ebotero@sukarneusa.com
3. 1970 Group, Inc.
Jonathan Harris, General Counsel
33 Benedict Place, 2nd Floor
Greenwich, CT 06830
917-449-4285
jharris@1970group.com
4. Christiano I. Di Pasquale
818-974-1386
cdipasquale444@gmail.com
5. Atlantic Veal & Lamb LLC
Bill Anello, Controller
275 Morgan Avenue
Brooklyn, NY 11211
718-599-3510
bill.anello@atlanticveal.com
6. Alex Deli Inc., d/b/a Alex’s Deli
David Negron, VP of Sales and Operations
4951 W. Diversey Ave
Chicago, IL 60639
773-237-2919
dnegron@alexdeli.com
Butterball, LLC was previously identified as member of the
creditors committee. Its name no longer appears in the new
notice.
About Harvest Sherwood Food Distributors
Harvest Sherwood Food Distributors, Inc. is an independent
wholesale food distributor in Wilmington, Del.
Harvest Sherwood Food Distributors and its affiliates sought
protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
N.D. Texas Lead Case No. 25-80109-11) on May 5, 2025. Eric Kaup,
chief restructuring officer of Harvest Sherwood Food Distributors,
signed the petitions.
At the time of the filing, the Debtors disclosed between $1 billion
and $10 billion in assets and between $500 million and $1 billion
in liabilities.
The Debtors tapped Thomas R. Califano, Esq., at Sidley Austin, LLP,
as legal counsel; Meru, LLC as financial advisor; and Hilco
Commercial Industrial, LLC and Hilco Receivables, LLC as
restructuring advisors. Epiq Corporate Restructuring, LLC is the
Debtors' noticing and claims agent.
The U.S. Trustee for Region 6 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
McDermott Will & Schulte, LLP and Province, LLC serve as the
committee's legal counsel and financial advisor, respectively.
JPMorgan Chase Bank, N.A., as Prepetition Agent and DIP Agent, is
represented by:
Timothy A. Davidson II, Esq.
Ashley L. Harper, Esq.
Philip M. Guffy, Esq.
Hunton Andrews Kurth LLP
600 Travis Street, Suite 4200
Houston, TX 77002
Telephone: (713) 220-4200
taddavidson@hunton.com
ashleyharper@hunton.com
pguffy@hunton.com
-- and --
James Ktsanes, Esq.
Latham & Watkins LLP
330 North Wabash Avenue, Suite 2800
Chicago, IL 60611
Telephone: (312) 876-7700
james.ktsanes@lw.com
-- and --
Randall Carl Weber-Levine, Esq.
Latham & Watkins LLP
1271 Avenue of the Americas
New York, NY 10020
Telephone: (212) 906-1200
randall.weber-levine@lw.com
HEALTHLYNKED CORP: Reports $851,800 Net Loss in 2025 Q3
-------------------------------------------------------
HealthLynked Corp. filed with the U.S. Securities and Exchange
Commission its Quarterly Report on Form 10-Q reporting a net loss
of $851,800 for the three months ended September 30, 2025, compared
to a net loss of $1,973,119 for the three months ended September
30, 2024.
For the nine months ended September 30, 2025, the Company reported
a net loss of $2,603,777, compared to a net loss of $4,901,273 for
the same period in 2024.
Total revenues for the three months ended September 30, 2025 and
2024, were $388,545 and $590,124, respectively. For the nine
months ended September 30, 2025 and 2024, the Company had total
revenues of $1,755,113 and $2,389,434, respectively.
As of September 30, 2025, the Company had $1,764,557 in total
assets, $7,197,972 in total liabilities, and $5,433,415 in total
shareholders' deficit.
Management considered the Company's current financial condition and
liquidity sources, including current funds available, forecasted
future cash flows and the Company's obligations due before November
19, 2026.
The Company is subject to a number of risks, including uncertainty
related to product development and generation of revenues and
positive cash flow from its Digital Healthcare Division and a
dependence on outside sources of capital. The attainment of
profitable operations is dependent on future events, including
obtaining adequate financing to fulfill the Company's growth and
operating activities and generating a level of revenues adequate to
support the Company's cost structure.
As of September 30, 2025, the Company had cash balances of $10,911,
a working capital deficit of $5,201,336 and an accumulated deficit
of $50,768,392. For the nine months ended September 30, 2025, the
Company had a net loss of $2,603,777 and used cash from operating
activities of $1,294,380. The Company expects to continue to incur
net losses and have significant cash outflows for at least the next
12 months.
Management has evaluated the significance of the conditions
described above in relation to the Company's ability to meet its
obligations and concluded that, without additional funding, the
Company will not have sufficient funds to meet its obligations
within the next 12 months.
During the nine months ended September 30, 2025, the Company
received:
(i) Net proceeds from the issuance of notes payable to related
parties and third parties totaling $1,696,000 and made repayments
on existing and new notes payable to third parties totaling
$476,950, and
(ii) $10,000 proceeds from the sale of its common stock.
Without raising additional capital, there is substantial doubt
about the Company's ability to continue as a going concern through
November 19, 2026.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/wsu7eh53
About HealthLynked Corp.
HealthLynked Corp. is a healthcare technology company based in
Nevada, founded on Aug. 6, 2014. It operates in three main
divisions: Digital Healthcare, Medical Distribution, and Health
Services, focusing on enhancing patient care, reducing costs, and
creating long-term value for shareholders.
In an audit report dated March 31, 2025, the Company's auditor RBSM
LLP, issued a "going concern" qualification citing that the Company
has recurring losses from operations, limited cash flow, and an
accumulated deficit. These conditions raise substantial doubt
about the Company's ability to continue as a going concern.
As of June 30, 2025, the Company had $1.8 million in total assets,
$6.6 million in total liabilities, and a total shareholders'
deficit of $4.8 million.
HEART 2 HEART: Quality of Care Maintained, 4th PCO Report Says
--------------------------------------------------------------
Deborah Fish, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Northern District of West Virginia her
fourth report regarding the quality of patient care provided by
Heart 2 Heart Volunteer's, Inc.
The PCO reported that the healthcare provider is operating without
a case manager, leaving other staff to cover unsustainably and
risking impacts on resident care.
The PCO was told that state investigators heard resident concerns
about unmet needs, inconsistent policy enforcement, and the CEO
extending graduation dates even after treatment-team approval. She
noted that the CEO handles all inquiries and initial assessments of
potential residents, a concern the PCO has raised in prior
reports.
Ms. Fish noted that, pursuant to Section 333(b)(3), the quality of
patient care provided to residents of Heart 2 Heart has been
maintained. Although staffing continues to present challenges,
operations remain stable and current employees are consistently
meeting resident needs and program requirements.
The ombudsman may be reached at:
Deborah L. Fish
211 West Fort Street
Suite 705
Detroit, MI 48226
313.309.3171
Email: dfish@allardfishpc.com
About Heart 2 Heart Volunteers Inc.
Heart 2 Heart Volunteers Inc., doing business as Serenity Hills
Life Center, operates three addiction recovery centers and
treatment facilities.
Heart 2 Heart Volunteers sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D.W. Va. Case No. 25-00087) on February
27, 2025. In its petition, the Debtor reported between $1 million
and $10 million in both assets and liabilities.
Judge David L. Bissett oversees the case.
The Debtor is represented by Kirk B. Burkley, Esq., at
Bernstein-Burkley, P.C.
Deborah L. Fish is the patient care ombudsman appointed in the
Debtor's Chapter 11 case.
HESS MIDSTREAM: Moody's Ups Rating on Senior Unsecured Notes to Ba1
-------------------------------------------------------------------
Moody's Ratings upgraded Hess Midstream Operations LP's (HESM Opco)
senior unsecured notes rating to Ba1 from Ba2, while affirming the
company's Ba1 Corporate Family Rating and Ba1-PD Probability of
Default Rating. Moody's concurrently downgraded the ratings on the
company's senior secured term loan and senior secured revolving
credit facility to Ba1 from Baa1. The SGL-2 Speculative Grade
Liquidity Rating was unchanged. The outlook remains stable.
"The unsecured notes and bank credit facilities are both now rated
at the Ba1 CFR level, reflecting the company's completely unsecured
capital structure," said Sajjad Alam, Moody's Vice President. "The
affirmation of the CFR acknowledges the benefits of Chevron's
controlling interest; however, Moody's are not providing any rating
lift to HESM Opco due to significant third-party ownership and
Moody's views of the company's relative strategic importance to
Chevron."
RATINGS RATIONALE
HESM Opco's Ba1 Corporate Family Rating is underpinned by its
long-term, fee-based contracts with Chevron Corporation (Chevron,
Aa2 stable), its principal customer and one of the world's leading
energy companies. The rating also reflects HESM Opco's highly
integrated midstream assets aligned with Chevron's production
operations in the Williston Basin, as well as a demonstrated
history of prudent financial management and maintaining low
financial leverage. Moody's expects HESM Opco's leverage to stay
around 3x, with flat EBITDA through 2026 supported by its high
proportion of minimum volume commitment contracts. The company will
spend less capital in 2026 as a result of decreased rig activity by
Chevron, while free cash flow is projected to increase compared to
2025.
HESM Opco's CFR is limited by its single basin focus and narrow
operational diversification compared to higher rated midstream
companies. The company's credit profile benefits from the
governance structure and Chevron's control of HESM Opco through the
ownership of its general partner, and Chevron's 37.9% limited
partner ownership interests. However, Moody's have not incorporated
rating lift into HESM Opco's ratings given the considerable
third-party public ownership, as well as Moody's assessments of the
company's relative strategic importance to Chevron.
The upgrade of the unsecured notes and the downgrade of the secured
term loan and revolving credit facility reflects the collateral
requirement falling away following the company receiving an
investment grade rating from another agency. The senior notes, term
loan, and revolving credit facility now rank pari passu, and
therefore, share the same Ba1 rating. These debt ratings are
aligned with the Ba1 CFR, reflecting a single class of debt in the
capital structure.
Moody's expects the company to maintain good liquidity through
2027, which is reflected in the SGL-2 rating. HESM Opco has a $1
billion committed revolving credit facility that had an outstanding
balance of $356 million as of September 30, 2025. The company
should be able to comfortably fund its capex and distributions from
internal sources through 2027. Any surplus free cash flow may be
applied to repurchase shares or pay down revolver borrowings. The
revolver expires in July 2027. There is ample cushion under the
financial covenant governing the credit facility - a debt/EBITDA
ratio not to exceed 5.0x. The company does not have any material
debt maturities until July 2027, when the $400 million term loan
matures.
The stable outlook reflects Moody's expectations of stable cash
flow and financial leverage through 2027.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The CFR could be upgraded if HESM Opco can meaningfully diversify
its basin exposure while maintaining its strong contractual
position and low financial leverage. An upgrade could also occur if
Chevron provides more direct support to the company's credit
profile or undertakes measures that demonstrate increased strategic
importance that would support providing lift to the ratings.
The ratings could be downgraded should leverage exceed 3.5x or
should contract structure erode resulting in increased cash flow
volatility and leverage.
Hess Midstream Operations LP is the principal subsidiary of Hess
Midstream LP, which is a publicly traded midstream energy company
that provides fee-based services to Chevron Corporation and its
non-operated partners in the Williston Basin area of North Dakota.
The principal methodology used in these ratings was Midstream
Energy published in October 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.
HILLSIDE APARTMENTS: Case Summary & Six Unsecured Creditors
-----------------------------------------------------------
Debtor: Hillside Apartments LLC
2935 Fulton Avenue
Sacramento CA 95821
Business Description: Hillside Apartments LLC is a single-asset
real estate entity, as defined under 11
U.S.C. Section 101(51B), and its primary
property is an apartment asset located at
6267 Martin Luther King Jr. Blvd in
Sacramento, California.
Chapter 11 Petition Date: November 24, 2025
Court: United States Bankruptcy Court
Eastern District of California
Case No.: 25-26602
Judge: Hon. Christopher M Klein
Debtor's Counsel: Jonathan Madison, Esq.
THE MADISON FIRM
345 California Street, Ste 600
San Francisco, CA 94104
Tel: 415-779-3177
Email: Jmadison@themadisonfirm.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Asad Khan as manager.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/IVZ2JEA/Hillside_Apartments_LLC__caebke-25-26602__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's Six Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. PG&E Gas Utility $58,394
Attn: Law Claims Department
300 Lakeside Drive
Oakland, CA 94612
Tel: 1(877) 660-6789
Email: bankruptcy@pge.com
2. SMUD Electricity $3,158
SMUD Headquarters Building Utility
6201 S Street
Sacramento, CA 95817
Tel: (888) 742-7683
Email: bankruptcy@smud.com
3. California-American Water Utility $16,336
Water Company
555 Montgomery Street, Ste. 816
San Francisco, CA 94111
Tel: 1-888-237-1333
Email: sawc.customeradvocacy@amwater.com
4. Kingdom Tree Services Tree Contractor $12,000
2621 26th Ave
Sacramento, CA 95820
Tel: 1(916) 270-7941
Email: Kingdomtreeservices91@yahoo.com
5. Bay City Boilers Boiler Repair/ $25,000
23312 Cabot Blvd Service Company
Hayward, CA 94545
Tel: (510) 786-3711
Email: mikek@baycityboiler.com
6. Waste Management Garbage Service $12,005
Attn: Legal Department Provider
800 Capitol Street, Suite 3000
Houston, TX 77002
Tel: 1-866-909-4458
Email: wmcares@wm.com
HRZN INC: Seeks Cash Collateral Access
--------------------------------------
HRZN, INC., doing business as Horizon Property Services, asks the
U.S. Bankruptcy Court for the District of Colorado for authority to
use cash collateral and provide adequate protection.
The Debtor needs to use cash collateral to continue operating its
commercial landscaping and snow-removal business during its Chapter
11 case.
HRZN filed for Subchapter V relief on September 15, later seeking
conversion to a traditional Chapter 11, and continues to operate as
a debtor-in-possession with a Subchapter V trustee appointed.
HRZN, a Colorado corporation led by President Steven Brown,
provides comprehensive landscaping and winter-services to
high-profile Denver clients such as Denver Botanic Gardens, UC
Health, Downtown Aquarium, Top Golf, and others. Historically, the
Debtor consisted of multiple companies acquired by Mr. Brown
through transactions financed by KeyBank, N.A. and Wells Fargo
Bank, N.A. under SBA-backed lending programs; those entities were
operated operationally as a single business and later formally
merged into HRZN, Inc. The Debtor employs approximately 50
full-time, part-time, and seasonal workers, all essential to
ongoing operations. To retain these employees and fund
ordinary-course expenses, the Debtor requires immediate access to
its cash, accounts receivable, and other income, which may be
subject to several competing secured claims.
The Debtor's capital structure is complex, consisting of numerous
equipment loans and SBA-backed term financing. Various lenders
including Beacon Funding Corporation, Finwise Bank, Pawnee
Equipment Financing, PNC Bank, Sheffield Financial, Wells Fargo
Vendor Financial Services, and the U.S. Small Business
Administration hold purchase-money or blanket security interests in
equipment, vehicles, and other assets, many of which are now worth
substantially less than the debt they secure.
KeyBank and Wells Fargo (now the SBA) each asserts large secured
claims arising from acquisition financing used to purchase
predecessor landscaping businesses, with both banks holding
UCC-perfected blanket liens and vehicle liens securing millions in
asserted obligations. The SBA also holds an EIDL loan exceeding
$497,000, which the Debtor believes is junior to other liens and
likely undersecured given asset values. The Debtor additionally
lists priority tax obligations to Colorado and the IRS, and notes
potential additional tax liabilities arising from prepetition
returns and shareholder pass-through tax obligations. The Debtor
expressly disputes the validity, priority, and enforceability of
all such claims and continues to investigate whether any creditor
holds a properly perfected security interest in the Operating
Funds.
HRZN seeks an order authorizing the interim and continuing use of
cash collateral so it can meet payroll, pay operating expenses,
maintain insurance, and avoid immediate harm to its business. It
argues that uninterrupted access to cash is essential to
maintaining operations, preserving asset value, and avoiding
significant losses to the estate.
The Debtor proposes to use funds in accordance with a six-month
budget and offers a comprehensive adequate-protection package to
any secured creditors with valid liens. This includes (i) adequate
protection payments under the budget, (ii) replacement liens on
post-petition cash collateral and operating funds to protect
against diminution in collateral value, subject to a carveout for
professional fees and U.S. Trustee obligations, (iii) maintenance
of insurance, (iv) full reporting compliance with Code and local
rules, (v) adherence to the budget with a 20% variance cap unless
creditor consent is obtained, (vi) preservation and repair of all
collateral, (vii) a prohibition on granting post-petition liens
without creditor consent or court order, and (viii) curing and
filing all delinquent state tax filings and paying all
post-petition taxes in a timely manner.
A copy of the motion is available at https://urlcurt.com/u?l=BgfcXO
from PacerMonitor.com.
KeyBank is represented by:
Scott W. Drusch, Esq.
BROWN DUNNING WALKER FEIN DRUSCH PC
7995 E. Prentice Avenue, Suite 101E
Greenwood Village, CO 80111
Telephone: 303-329-3363
Fax: 303-393-8438
sdrusch@bdwfd.com
About HRZN
Inc.
HRZN Inc. is a Colorado company, founded in 1983, that provides
commercial landscaping and grounds maintenance services including
lawn care, irrigation, snow removal, and landscape enhancements. It
also offers interior plantscaping through its Plant Escape brand,
serving businesses, property managers, and commercial clients
across the Denver metro area.
HRZN Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Colo. Case No. 25-15925) on September 15, 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 Michael E. Romero handles the case.
The Debtor is represented by K. Jamie Buechler, Esq., at Buechler
Law Office, LLC.
HUDSON 1701/1706: U.S. Trustee Appoints Creditors' Committee
------------------------------------------------------------
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Hudson
1701/1706, LLC and its affiliates.
The committee members are:
1. 356W58 Ground Lessor LLC
Attn: Max Nipon
2801 N. Harwood Street, Suite 1200
Dallas, TX 75201
Phone: 214-545-5573
Email: nipon@mspcm.com
2. The Abadi Group
Attn: Nicole Vaknin
151 Industrial Way East, Suite A5
Eatontown, NJ 07724
Phone: 732-710-9200
Email: Nicole.vaknin@theabadigroup.com
3. AJP Contracting Corp.
Attn: Antonios Pappas
1357 Seneca Ave.
Bronx, NY 10474
Phone: 646-296-7060
Email: apappas@ajpcontracting.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About HUDSON 1701/1706 LLC
Hudson 1701/1706, LLC and Hudson 1702, LLC are Delaware limited
liability companies engaged in activities related to real estate
under NAICS code 5313. The entities manage and administer real
property interests at 353 West 58th Street in New York City, with
Hudson 1701/1706 associated with the tenth floor and Hudson 1702
with Unit 2 of the same building.
The Debtors filed Chapter 11 petitions (Bankr. D. Del. Lead Case
No. 25-11853) on October 22, 2025. At the time of the filing, the
Debtors listed between $100 million and $500 million in assets and
liabilities. Hudson 1701/1706 is a corporation with Tax ID
88-1290281 and listed between 1 and 49 creditors in its petition.
Honorable Judge Karen B. Owens oversees the cases.
The Debtor tapped Chipman Brown Cicero & Cole, LLP as bankruptcy
counsel; DLA Piper LLP (US) as special corporate and litigation
counsel; FTI Consulting, Inc. as restructuring advisor; and Verita
Global, LLC as claims and noticing agent.
I.G GENERAL: Seeks Chapter 7 Bankruptcy in Illinois
---------------------------------------------------
On November 14, 2025, I.G General Contractors LLC filed for Chapter
7 protection in the Northern District of Illinois. According to
court filings, the Debtor reports between $0 and $100,000 in debt
owed to 1–49 creditors.
About I.G General Contractors LLC
I.G General Contractors LLC is a construction and contracting firm
specializing in new builds, remodeling, and property improvement
projects. The company works with homeowners, developers, and
commercial clients to provide turnkey construction services,
including site preparation, structural work, finish installations,
and project oversight.
I.G General Contractors LLC sought relief under Chapter 7 of the
U.S. Bankruptcy Code (Bankr. Case No. 25-17651) on November 14,
2025. In its petition, the Debtor reports estimated assets of
$0–$100,000 and estimated liabilities of $0–$100,000.
Honorable Bankruptcy Judge David D. Cleary handles the case.
The Debtor is represented by David P. Lloyd, Esq. of David P.
Lloyd, Ltd.
INFINITE GROUP: M&K CPAs Replaces Freed Maxick P.C. as Auditor
--------------------------------------------------------------
Infinite Group, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that on November 13, 2025,
Freed Maxick P.C. resigned as the Company's independent registered
public accounting firm.
During the Company's two most recent fiscal years ended December
31, 2024 and 2023, there were no "disagreements" between the
Company and Freed on any matter of accounting principles or
practices, financial statement disclosure or auditing scope or
procedure which, if not resolved to the satisfaction of Freed,
would have caused Freed to make reference to the subject matter of
the disagreements in connection with its reports on the Company's
financial statements.
During this same period, Freed advised the Company that there were
no material weaknesses in the Company's internal control over
financial reporting. There were no other "reportable events"
(within the meaning of Item 304(a)(1)(v) of Regulation S-K).
Freed's audit reports for the two most recent fiscal years ended
December 31, 2024 and 2023 contained an explanatory paragraph about
the existence of substantial doubt concerning the Company's ability
to continue as a going concern.
The decision to replace Freed was approved by the Audit Committee
of the Board of Directors of the Company.
Following the resignation of Freed, the Company appointed M&K CPAS,
PLLC as its new independent registered public accounting firm,
effective November 18, 2025.
M&K has been retained to audit the Company's financial statements
as of and for the fiscal year ended December 31, 2025, and to
perform reviews of the Company's interim financial statements for
the quarters ended March 31, 2025, June 30, 2025, and September 30,
2025.
During the two most recent fiscal years and through November 18,
2025, the Company has not consulted with M&K regarding either:
(1) the application of accounting principles to any specified
transaction, either completed or proposed, or the type of audit
opinion that might be rendered on the Company's financial
statements; or
(2) any matter that was either the subject of a "disagreement"
or a "reportable event" (as described in paragraph (a)(1)(v) of
Item 304 of Regulation S-K).
About Infinite Group
Headquartered in Pittsford, New York, Infinite Group, Inc. is a
developer of cybersecurity software and related cybersecurity
consulting, advisory, and managed information security services.
The Company principally sells software and services through
indirect channels such as Managed Service Providers, Managed
Security Services Providers, agents and distributors and government
contractors, whom the Company refers to collectively as its channel
partners.
As of December 31, 2024, the Company had $1.5 million in total
assets, $11.7 million in total liabilities, and $10.2 million in
total stockholders' deficiency.
Rochester, New York-based Freed Maxick P.C., the Company's auditor
since at least 1995, issued a "going concern" qualification in its
report dated October 31, 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, has
negative working capital, and has total liabilities in excess of
its total assets. This raises substantial doubt about the Company's
ability to continue as a going concern.
INNOVATIVE PLUMBING: Hires Bush Law Firm LLC as Counsel
-------------------------------------------------------
Innovative Plumbing Concepts, LLC seeks approval from the U.S.
Bankruptcy Court for the Middle District of Alabama to employ The
Bush Law Firm, LLC as counsel.
The firm will provide these services:
a. advise the Debtor-in-Possession as to the rights, powers
and duties of a Debtor-in-Possession, as enumerated within 11
U.S.C. Sec. 1101, et seq.;
b. prepare and file the documents necessary to advance this
case, including, but not limited to, answers, applications,
motions, proposed orders, responses, schedules, and other necessary
and required legal documents;
c. represent the Debtor-in-Possession at the hearings in this
matter;
d. prepare and file status reports and the plan;
e. defend challenges to the automatic stay set forth within 11
U.S.C. Sec. 362(a); and
f. provide such other legal services and preparing or filing
such other documents as may be necessary for Debtor-in-Possession
to carry out its duties and functions in this case.
The firm will be paid at these rates:
Attorney $350 per hour
Paralegal $50 per hour
The firm received a retainer in the amount of $5,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Anthony B. Bush. Esq., a partner at Bush Law Firm, LLC, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Anthony B. Bush. Esq.
The Bush Law Firm, LLC
Parliament Place Professional Center
3198 Parliament Circle 302
Montgomery, AL 36116
Telephone: (334) 263-7733
Facsimile: (334) 832-4390
Email: abush@bushlegalfirm.com
About Innovative Plumbing Concepts, LLC
Innovative Plumbing Concepts, LLC, filed a Chapter 11 bankruptcy
petition (Bankr. D. Ala. Case No. 25-81461) on Nov. 17, 2025. The
Debtor hires The Bush Law Firm, LLC as counsel.
INSIGHT ENTERPRISES: S&P Affirms 'BB+' ICR Despite Rising Leverage
------------------------------------------------------------------
S&P Global Ratings affirmed its issuer credit rating of 'BB+' and
the stable outlook on U.S.-based IT solutions and digital
transformation services provider Insight Enterprises Inc.
S&P also affirmed its 'BB+' issue-level and '3' recovery ratings on
its senior unsecured notes.
The stable outlook reflects its base case expectations of
deleveraging in 2026 towards the mid 2x area.
Insight recently lowered its full-year 2025 financial expectations
based on sluggish enterprise IT spend. The company also closed on
two tuck-in acquisitions, financed by draws on its asset-based
lending (ABL) revolving credit facility.
S&P said, "As a result, we expect its S&P Global Ratings-adjusted
leverage to rise to 2.8x by the end of 2025. We expect deleveraging
in 2026 from a combination of organic earnings expansion and
inorganic contributions from recent acquisitions.
"Insight has experienced growth challenges in 2025, but we expect
modest deleveraging in 2026. We forecast revenue will decline about
5% during 2025 as the company navigates through a challenging
enterprise IT spending environment, partner program changes with
Google and Microsoft, and continued migration to cloud solutions
from on-premise software sales. Excluding the accounting impacts on
revenue, we expect gross profit to decline 2%, which incorporates
the netted down revenue change due to the impact of ASC 606.
"We envision growth challenges will continue with its large
enterprise and corporate customers (68% of revenue for the nine
months ended September 2025). This segment experienced a 9% revenue
decline during this period. Large enterprises remain cautious on
spending on major IT purchases given macroeconomic uncertainties,
AI spending crowding out other areas of IT budgets, and tariff
pressures.
"Insight's commercial customers (20% of revenue) represented an 8%
revenue increase year to date for the third quarter--we expect this
to slow into 2026 as many commercial customers are close to
completing their IT refresh cycles. We note that while public
sector customer (12% of revenue) revenue declined year to date in
the low-teen percent area, most of this is driven by the netted
down revenue impact, and gross profit in this segment is up.
Insight has low revenue exposure to the federal government, so we
expect impacts from the recent U.S. government shutdown and cost
pressures to be minimal."
The company's cloud gross profits (approximately a quarter of total
gross profit) grew a healthy 7% year over year during the third
quarter. Excluding the impact of partner program changes (the
majority of which will taper off after the fourth quarter), the
underlying cloud gross profit grew in the high-teen percent area,
and management indicated that level of growth should continue into
next year. S&P notes cloud migration and efficiencies remain top of
mind for many of Insight's customers, and the company has platform
expertise with all three of the major cloud hyperscalers (Amazon
Web Services, Microsoft Azure, and Google Cloud Platform).
S&P said, "We forecast 2026 ending leverage at 2.6x – from 2.8x
in 2025 – as the company maintains a similar EBITDA margin while
growing revenue about 3%. The company will benefit from a full year
of acquisitions, potentially adding $22 million of EBITDA. The
company's base enterprise business should also experience low
single digit percentage growth as companies make non-discretionary
technology investment spend. We model increased cash usage for
share repurchases to about $320 million while the company maintains
a cash balance around $250 million. At this leverage level the
company has adequate ratings cushion to pursue further tuck in
acquisitions."
Acquisitions and the cash repayment of equity-linked instruments
contributed to the leverage rise in 2025. The fragmented
characteristics of the IT services industry are conducive to
consolidation and acquiring smaller regional players to improve
service capabilities in key growth areas. The size and valuation of
acquisitions can vary significantly.
In the fourth quarter, the company announced two acquisitions for
$297 million ($443 million including potential future earnout
payments). S&P said, "The upfront acquisition payments represent
almost all the free operating cash flow we expect it to generate in
2025. We expect Insight to continue focusing on service
acquisitions to improve its differentiation against peers and its
margin profile--gross margins of its service business are in the
low-60% area versus hardware in the low-teen percent area and
software in the mid-single-digit percent area. Its latest
acquisitions of Inspire11 and Sekuro provide the company with AI
and cybersecurity expertise, respectively. We also note that
acquisitions may not hit initial growth targets – for example,
SADA (a 2024 acquisition) has meaningfully underperformed its
growth targets. Despite five acquisitions incorporated into
Insight's 2025 results (three of which have a full year of
contribution after being acquired in 2024), our S&P adjusted annual
EBITDA is only projected to increase $12 million year-over-year."
Also after $481 million of acquisition spend in 2023, S&P adjusted
EBITDA was flat in 2024 year over year.
Services acquisitions are typically leveraging and come with high
valuations, often between 10x-15x of acquired EBITDA. The company
financed its two recent acquisitions from its ABL. S&P said, "We
expect it to end the year with about $795 million drawn against the
$1.8 billion facility. This represents a sizable borrowing compared
with the $39 million the company drew as of the end of December
2024. In addition, Insight also utilized the ABL to fund the
majority of its $333 million convertible notes and pay $220 million
in cash warrant settlements. As a result, we forecast S&P Global
Ratings-adjusted leverage in the high 2x area over the next few
quarters."
Insight will likely have a new CEO in place by the first quarter of
2026. S&P said, "We will monitor any changes in capital allocation
that could stem from the new CEO. We note that capital allocation
priorities that deemphasize ABL repayment for larger than
anticipated share repurchases or acquisitions could pressure the
ratings downward should leverage elevate over 3x."
Insight has made good progress in its EBITDA margin expansion. Over
the past few years, the company has emphasized profitability by
focusing on high-margin services such as in hybrid cloud, cyber,
data, and AI, among others. Its S&P Global Ratings-adjusted EBITDA
margins improved to our expectation of 6.7% in 2025 from 5% in
2022. The company also continues to pay transformation and
severance/restructuring expenses (totaling $49 million for the
September 2025 last-12-month period), which lowers S&P's measure of
its EBITDA margin but could simplify its operating costs longer
term.
The company experienced some gross margin headwinds in 2025 in its
hardware and software segments (about 30 basis points in each) as
customers are becoming incrementally more price sensitive. S&P
believes it will cut selling, general, and administrative (SG&A)
expenses to offset gross margin pressures such that EBITDA margins
continue to grow modestly in 2026.
S&P said, "The stable outlook reflects our expectation that Insight
will end 2025 with S&P Global Ratings-adjusted leverage of 2.8x. We
expect leverage to be reduced to 2.6x by the end of 2026 after
modeling 3% revenue growth and stable EBITDA margin trends.
"We could lower our rating on Insight if aggressive financial
policies (such as elevated share repurchases or continued tuck-in
acquisitions with limited near-term EBITDA contributions) or
continued EBITDA underperformance results in leverage greater than
3x.
"Although not expected over the next 12 months, we could raise our
rating on Insight if it adopts a more-conservative financial policy
such that we believe it is committed to maintaining an
investment-grade rating. This could occur if we believed the
company has strengthened its competitive position relative to those
of its peers and vendors, which would likely require it to
establish a track record of above- industry-average growth,
sustained market share gains, and material margin improvement; or
if we believe it could absorb an operating decline and pursue its
acquisition and shareholder-return objectives while maintaining
leverage of below 1.5x."
INTERNATIONAL LAND: Widens Net Loss to $2.2MM in 2025 Q3
--------------------------------------------------------
International Land Alliance, Inc. filed with the U.S. Securities
and Exchange Commission its Quarterly Report on Form 10-Q reporting
a net loss of $2.2 million for the three months ended September 30,
2025, compared to a net loss of $251,598 for the three months ended
September 30, 2024.
For the nine months ended September 30, 2025, the Company reported
a net loss of $5.1 million, compared to a net income of $3.5
million for the same period in 2024.
Net revenues and lease income for the three months ended September
30, 2025 and 2024, were $554,553 and $1.3 million, respectively.
For the nine months ended September 30, 2025 and 2024, the Company
had net revenues and lease income of $1.9 million and $7.1 million,
respectively.
As of September 30, 2025, the Company had $30.9 million in total
assets, $18.7 million in total liabilities, and $11.9 million in
total stockholders' equity.
Management evaluated all relevant conditions and events that are
reasonably known or reasonably knowable, in the aggregate, as of
the date the consolidated financial statements were available to be
issued and determined that substantial doubt exists about the
Company's ability to continue as a going concern.
The Company's ability to continue as a going concern is dependent
on the Company's ability to generate revenues and raise capital.
The Company has faced significant liquidity shortages.
As of September 30, 2025, the Company's current liabilities
exceeded its current assets by approximately $14.3 million.
The Company has recorded a net loss of $5.1 million for the nine
months ended September 30, 2025, and has an accumulated deficit of
approximately $29.3 million as of September 30, 2025.
These factors raise substantial doubt about the Company's ability
to continue as a going concern.
The Company continues to raise additional capital through the
issuance of debt instruments and equity to fund its ongoing
operations, which may have the effect of potentially diluting the
holdings of existing shareholders.
Management anticipates that the Company's capital resources will
significantly improve if its plots of land gain wider market
recognition and acceptance resulting in increased plot sales and
house construction.
If the Company is not successful with its marketing efforts to
increase sales, the Company will continue to experience a shortfall
in cash, and it will be necessary to obtain funds through equity or
debt financing in sufficient amounts or to further reduce its
operating expenses in a manner to avoid the need to curtail its
future operations subsequent to September 30, 2025.
The direct impact of these conditions is not fully known.
However, there can be no assurance that the Company would be able
to secure additional funds if needed and that if such funds were
available on commercially reasonable terms or in the necessary
amounts, and whether the terms or conditions would be acceptable to
the Company.
In such a case, the reduction in operating expenses might need to
be substantial in order for the Company to generate positive cash
flow to sustain the operations of the Company.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/4jb5a3ce
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.
JACKS DONUTS: U.S. Trustee Appoints Creditors' Committee
--------------------------------------------------------
Monica Kindt, Acting U.S. Trustee for Region 10, appointed an
official committee to represent unsecured creditors in the jointly
administered Chapter 11 cases of Jacks Donuts of Indiana
Commissary, LLC, Marcum Industries, LLC and KLC Group, Inc.
The committee members are:
1. Crider Investments Inc.
c/o Sebastion G.J. Crider
214 S. Main St.
New Castle, IN 47362
765-529-2100
bcrider@hcclaw.com
2. Gardner, Rodgers & Associates
c/o Gary L. Rodgers
301 S. 17th St.
New Castle, IN 47362
765-529-4120
gra@gardnerrodgers.com
The bankruptcy watchdog appointed Mr. Crider to serve as committee
chair.
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Jacks Donuts of Indiana Commissary
Jacks Donuts of Indiana Commissary LLC operates a food production
and distribution facility in New Castle, Indiana, serving as the
central commissary for Jack's Donuts franchise locations. The
company manufactures and supplies doughnuts and related baked goods
to retail stores across Indiana and neighboring states. It
functions as part of the Jack's Donuts franchise network,
supporting consistency in product quality and distribution
efficiency for its affiliated outlets.
Jacks Donuts of Indiana Commissary LLC sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-06610)
on October 29, 2025, listing total assets of $1,429,958 and total
liabilities of $14,191,389. The case is jointly administered with
the Chapter 11 cases of Marcum Industries, LLC and KLC Group, Inc.
under Case No. 25-06610.
The Debtors are represented by Jeffrey Hester, Esq., at Hester
Baker Krebs, LLC.
JAGUAR HEALTH: Amends Royalty Agreements & Extends Note Maturity
----------------------------------------------------------------
Jaguar Health, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that on November 17, 2025,
the Company entered into amendments to:
(i) the royalty interest in the original principal amount of
$12 million (the October 2020 Royalty Interest) with Iliad Research
and Trading, L.P., as amended,
(ii) the royalty interest in the original principal amount of
$12 million (the December 2020 Royalty Interest) with Uptown
Capital, LLC (f/k/a Irving Park Capital, LLC), as amended, and
(iii) the royalty interest in the original principal amount of
$12 million (the August 2022 Royalty Interest) with Streeterville
Capital, LLC, pursuant to which, beginning on April 1, 2026, the
monthly Royalty Payment under each of the Royalty Interests shall
be the greater of:
(a) $750,000.00, and
(b) the actual Royalty Payment amount the respective
Investor is entitled to for such month pursuant to the terms of
such Royalty Interest.
Full text copies of the Royalty Interest Global Amendments are
available at https://tinyurl.com/y7tcvm4p,
https://tinyurl.com/2w8a3mw7, and https://tinyurl.com/mr2tw9r2.
Note Amendment:
Additionally, on November 17, 2025, the Company and Napo
Pharmaceuticals, Inc., the Company's wholly-owned subsidiary,
entered into an amendment with Streeterville to the secured
promissory note in the original principal amount of $6,220,812.50
issued by Borrower to Streeterville on January 19, 2021 pursuant to
that certain Note Purchase Agreement among the same parties dated
as of the even date.
Pursuant to the Note Amendment No. 2, the maturity date of the Note
is extended to April 1, 2026.
A full-text copy of the Note Amendment is available at
https://tinyurl.com/3skvw37k
Exchange Transaction:
On June 27, 2025, the Company sold and issued to Streeterville an
aggregate of 90 shares of Series M Perpetual Preferred Stock in a
privately negotiated exchange agreement.
On November 17, 2025, the Company entered into a privately
negotiated exchange agreement with Streeterville, pursuant to which
the Company issued an aggregate of 361,271 shares of the Company's
common stock, par value $0.0001 to Streeterville in exchange for 25
outstanding shares of Series M Preferred Stock held by
Streeterville.
Upon completion of such exchange transaction, the Exchanged
Preferred Shares were cancelled and retired.
The Exchange Agreement includes representations, warranties, and
covenants customary for a transaction of this type.
A full-text copy of the Exchange Agreement is available at
https://tinyurl.com/446nwz79
About Jaguar Health
Jaguar Health, Inc. -- http://www.jaguar.health/-- is a
commercial-stage pharmaceuticals company focused on developing
novel, plant-based, sustainably derived prescription medicines for
people and animals with gastrointestinal ("GI") distress, including
chronic, debilitating diarrhea. Jaguar Health's wholly owned
subsidiary, Napo Pharmaceuticals, Inc., focuses on developing and
commercializing proprietary plant-based human pharmaceuticals from
plants harvested responsibly from rainforest areas. The Company's
crofelemer drug product candidate is the subject of the OnTarget
study, a pivotal Phase 3 clinical trial for prophylaxis of diarrhea
in adult cancer patients receiving targeted therapy.
Larkspur, California-based RBSM, LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended Dec. 31, 2024, citing that the Company has
an accumulated deficit, recurring losses, and expects continuing
future losses. These conditions raise substantial doubt about the
Company's ability to continue as a going concern. The Company,
since its inception, has incurred recurring operating losses and
negative cash flows from operations and has an accumulated deficit
of $346.5 million as of December 31, 2024.
As of June 30, 2025, the Company had $48.3 million in total assets,
$41.4 million in total liabilities, $6.9 million in total
stockholders' equity.
JAMES MILLER: Seeks Cash Collateral Access
------------------------------------------
James Miller Construction, Inc. asks the U.S. Bankruptcy Court for
the Western District of Washington for authority to use cash
collateral and provide adequate protection.
The Debtor needs to use cash collateral to fund ongoing operational
expenses, including payroll and owner draws, as detailed in its
budget.
The Debtor proposes to use cash collateral from the petition date
through March 2026, or until the effective date of a confirmed
plan, with flexibility to exceed the budgeted amounts by up to 15%
with creditor consent or further court approval.
The Debtor identified five active UCC-1 filings against its assets,
with the U.S. Small Business Administration holding the
first-position lien on accounts receivable and proceeds, totaling
approximately $1,123,331.31. As of the petition date, the Debtor's
deposit accounts held $53,310 and accounts receivable approximately
$34,000, giving an estimated total cash collateral of $87,310.
In exchange for using cash collateral, the Debtor proposes to grant
post-petition replacement liens to the secured creditor on
post-petition cash, accounts receivable, and proceeds, preserving
the creditor's interest to the extent cash collateral is used. The
Debtor also reserves the right to challenge the validity, priority,
or extent of the Secured Creditor's liens.
A copy of the motion is available at https://urlcurt.com/u?l=sLguwm
from PacerMonitor.com.
About James Miller Construction Inc.
James Miller Construction, Inc sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-13174)
on November 9, 2025, listing up to $500,000 in assets and up to $10
million in liabilities. Derek Baker, president of James Miller
Construction, signed the petition.
Judge Timothy W. Dore oversees the case.
Jennifer L. Neeleman, Esq., at Neeleman Law Group, P.C., represents
the Debtor as legal counsel.
JAY4 INC: Seeks Cash Collateral Access
--------------------------------------
Jay4, Inc asks the U.S. Bankruptcy Court for the Middle District of
Tennessee for authority to use cash collateral to fund operations.
In its motion, the Debtor seeks interim and final approval to use
cash collateral, subject to a 10% budget variance, and offers
protection to U.S. Bank and other secured creditors through
replacement liens on its assets.
The Debtor's assets include cash accounts, accounts receivable, and
inventory that may constitute cash collateral under 11 U.S.C.
Section 363(a) of the Bankruptcy Code.
U.S. Bank holds a secured claim of approximately $48,500 pursuant
to a UCC-1 financing statement filed in 2021, while other secured
creditors are largely merchant cash advance lenders whose claims
are complex, aggressive, and of uncertain validity or priority.
The MCA loans were sought temporarily to address short-term funding
gaps beginning in July but the high repayment demands and
inflexible terms exacerbated financial strain. Additional MCA
offers intensified pressure, creating a situation where ongoing
operations were jeopardized despite good-faith efforts to avoid
bankruptcy.
The Debtor also requests a court order directing any parties
holding cash collateral to release the funds, notwithstanding
creditor demands, consistent with the automatic stay.
A court hearing is scheduled December 9.
A copy of the motion is available at https://urlcurt.com/u?l=3M1W41
from PacerMonitor.com.
About Jay4, Inc
Jay4, Inc. filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. M.D. Tenn. Case No. 25-04796) on November
14, 2025, listing up to $500,000 in assets and liabilities. Michael
Abelow, Esq., at Sherrard Roe Voigt & Harbison, PLC, serves as
Subchapter V trustee.
Judge Randal S. Mashburn oversees the case.
Michelle L. Spezia, Esq., at Johnson Legal, PLLC, represents the
Debtor as legal counsel.
JHW PLUMBING: Seeks to Use Cash Collateral
------------------------------------------
JHW Plumbing LLC asks the U.S. Bankruptcy Court for the District of
Arizona for authority to use cash collateral and provide adequate
protection.
The Debtor explains that the company provides residential and
commercial plumbing and HVAC services and must access its cash
immediately to avoid operational shutdown.
The Debtor identifies its cash collateral as bank deposits totaling
roughly $6,120, an escrow balance of $1,800, approximately $65,000
in accounts receivable, and $10,000 in inventory. It asserts that
Evolve Bank & Trust is the only fully secured creditor with a
first-position UCC filing, holding an approximately $800,000
undersecured claim supported by collateral worth only about
$90,410. Other potential secured creditors, including ODK Capital,
Specialty Capital, and certain vehicle lenders, may hold
subordinate or purchase-money interests.
To continue operations, the Debtor seeks Court approval to use cash
collateral pursuant to both an Interim Budget covering the first
fourteen days and a Monthly Budget through January 2026.
As adequate protection, the Debtor proposes granting replacement
liens to Evolve on post-petition cash and receivables and paying
monthly adequate protection payments to Evolve and the vehicle
lenders. The Debtor argues that replacement liens and ongoing
payments provide the “indubitable equivalent” of their
interests and fully safeguard against collateral depreciation.
Finally, the Debtor requests entry of interim and final orders
authorizing the use of cash collateral with a 10% variance and
granting all other appropriate relief necessary to support
continued business operations during the reorganization.
A copy of the motion is available at https://urlcurt.com/u?l=n6CrxF
from PacerMonitor.com.
About JHW Plumbing LLC
JHW Plumbing LLC, also known as DeGeorge Plumbing & HVAC, provides
plumbing, heating, air-conditioning, water-treatment, and sewer and
drain services to residential and commercial customers across
Phoenix and surrounding communities including Scottsdale, Tempe,
Mesa, Chandler, Gilbert, Glendale, Paradise Valley, Fountain Hills,
Arcadia, Anthem, New River, and Cave Creek. The Company operates
within the HVAC and plumbing services industry, offering repair,
installation, and maintenance work throughout its service area,
providing 24/7 service coverage.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-11019) on November 17,
2025. In the petition signed by James H. Whitley, member, the
Debtor disclosed up to $500,000 in assets and up to $10 million in
liabilities.
Ronald J. Ellett, Esq. at ELLETT LAW OFFICES, P.C., represents the
Debtor as legal counsel.
JL HARRIS: Seeks Chapter 7 Bankruptcy in Illinois
-------------------------------------------------
On November 24, 2025, JL Harris Transportation Inc. filed for
Chapter 7 protection in the Northern District of Illinois.
According to court filings, the Debtor reports between $100,001 and
$1,000,000 in debt owed to 1–49 creditors.
JL Harris Transportation Inc. operates as a freight and logistics
carrier, specializing in commercial trucking services for regional
and long-distance shipments.
About JL Harris Transportation Inc.
JL Harris Transportation Inc. sought relief under Chapter 7 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-18187) on
November 24, 2025. In its petition, the Debtor reports estimated
assets between $0 and $100,000 and estimated liabilities between
$100,001 and $1,000,000.
Honorable Judge Janet S. Baer handles the case.
The Debtor is represented by Michael G. Kelly, Esq. of Kelly &
Bracey Law Offices.
JRCP RESTAURANTS: Tom Howley Named Subchapter V Trustee
-------------------------------------------------------
The U.S. Trustee for Region 7 appointed Tom Howley, Esq., at Howley
Law, PLLC as Subchapter V trustee for JRCP Restaurants, LLC.
Mr. Howley will be paid an hourly fee of $575 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Howley declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Tom Howley, Esq.
Howley Law, PLLC
711 Louisiana Street, Suite 1850
Houston, TX 77002
Telephone: (713) 333-9120
Email: tom@howley-law.com
About JRCP Restaurants LLC
JRCP Restaurants, LLC, doing business as Crust Pizza Gosling Pines,
filed a petition under Chapter 11, Subchapter V of the Bankruptcy
Code (Bankr. S.D. Texas Lead Case No. 25-36931) on November 18,
2025, with $50,001 to $100,000 in assets and $500,001 to $1 million
in liabilities.
Judge Eduardo V. Rodriguez presides over the case.
Lloyd A. Lim, Esq., at Kean Miller LLP represents the Debtor as
legal counsel.
JVL COMPANY: Nicole Nigrelli Named Subchapter V Trustee
-------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Nicole Nigrelli,
Esq., at Ciardi, Ciardi & Astin as Subchapter V trustee for JVL
Company Corp.
Ms. Nigrelli will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Nigrelli declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Nicole M. Nigrelli, Esq.
Ciardi, Ciardi & Astin
1905 Spruce Street
Philadelphia, PA 19103
Phone: (215) 557-3550 ext. 115
Email: nnigrelli@ciardilaw.com
About JVL Company Corp.
JVL Company Corp. is a construction contractor based in Palmyra,
New Jersey, specializing in rough framing and structural building
work for residential and commercial projects across New Jersey,
Pennsylvania, and Delaware.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D.N.J. Case No. 25-22024) on November 12,
2025, with $349,701 in assets and $1,123,487 in liabilities.
Chrystien Santos, authorized representative of the Debtor, signed
the petition.
Ellen M. McDowell, Esq., at McDowell Law, PC represents the Debtor
as bankruptcy counsel.
KEESTONE PROPERTIES: No Supply Concerns, PCO Report Says
--------------------------------------------------------
Teresa Teeple, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Middle District of Tennessee her report
regarding the quality of patient care provided by Keestone
Properties of TN, LLC and its affiliates.
The PCO directed District Ombudsman Terri Pickford to increase
visit frequency to monitor for any decline in care. She made three
visits: two routine and one responding to a resident complaint,
which was resolved satisfactorily with facility staff.
During the September 5 visit, lunch service began with residents
offered a fish sandwich with chips or roast with vegetables and
fried okra. Portions were appropriate, no unpleasant odor was
noted, and residents appeared well-groomed and in good spirits.
On September 24, the PCO observed fall decorations at the entrance.
The facility was hosting a continuing education event for nurse
practitioners with the local hospital. A kitchen tour showed
adequate food supplies and properly stored cleaning materials.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=xCz2QJ from PacerMonitor.com.
About Keestone Properties of TN
Keestone Properties of TN, LLC, a company in Loretto, Tenn., sought
relief under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Tenn.
Case No. 25-03769) on Sept. 8, 2025, listing $1 million to $10
million in both assets and liabilities. William Keelon, Jr., as
member, signed the petition.
Judge Charles M Walker oversees the case.
Dunham Hildebrand Payne Waldron, PLLC serves as the Debtor's legal
counsel.
KENNEDY CONSTRUCTION: Gets Extension to Access Cash Collateral
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, issued a second interim order allowing Kennedy
Construction Groups, LLC to use cash collateral.
The second interim order granted the Debtor approval to use funds
in which Midwest Regional Bank and other secured creditors assert
an interest and to use such funds for necessary expenses listed in
its budget, subject to a 10% variance per line item.
As adequate protection, secured creditors will be granted
replacement liens, maintaining the same priority as their
pre-bankruptcy liens.
In addition, the order requires the Debtor to maintain insurance on
its assets and preserves all parties' rights to later request
modified protection or restrictions on cash use. It also keeps open
the rights of a creditors' committee, should one be appointed, to
challenge any liens.
The next hearing is scheduled for December 11.
Kennedy estimates that the collective claims of secured creditors
are secured by $304,646.08 in assets consisting of $19,657.20 in
cash and $284,988.88 in accounts receivables. Midwest asserts $1.19
million in secured claim.
Midwest is represented by:
Zina Gabsi, Esq.
McGlinchey Stafford
201 East Kennedy Blvd. Suite 1200
Tampa, FL 33602
Phone: (656) 228-0300
Fax: (656) 206-3002
zgabsi@mcglinchey.com
dbeauchamp@mcglinchey.com
About Kennedy Construction Groups LLC
Kennedy Construction Groups, LLC, operating as Kennedy Roofing,
provides residential and commercial roofing, gutter, window, and
carpentry services in Florida.
Kennedy Construction Groups sought protection under Chapter 11 of
the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-07452) on October
9, 2025. At the time of the filing, the Debtor had estimated assets
of between $500,001 and $1 million and liabilities of between $1
million and $10 million.
Judge Roberta A. Colton oversees the case.
Ford & Semach, P.A. serves as the Debtor's legal counsel.
KLEOPATRA FINCO: U.S. Trustee Disbands Creditors Committee
----------------------------------------------------------
The U.S. Trustee for Region 7 disclosed in a court filing the
disbandment of the official committee of unsecured creditors
appointed in the Chapter 11 case of Kleopatra Finco, S.a.r.l.
The disbandment follows the resignation of the two remaining
members of the committee.
About Kleopatra Finco and Klockner
Klockner is a global manufacturer of packaging for companies all
around the world. Klockner's trays and films are used to preserve
meats, cheese, fish, and other perishable products in grocery
stores. Its clear plastic shell packaging is used to protect
individually packaged pills. Klockner's durable films are used in
the manufacturing of credit cards, and Klockner's labels are on
everything from laundry detergent containers to craft beer cans to
spice containers.
Kleopatra Finco S.a r.l., is a private limited company incorporated
under the laws of Luxembourg. Finco is the financing arm of
Klockner.
Kleopatra Finco S.a r.l. and 24 affiliates sought Chapter 11
bankruptcy protection (Bankr. S.D. Texas Lead Case No. 25-90642) on
Nov. 4, 2025, before the Hon. Christopher M. Lopez. The Debtors
listed $1 billion to $10 billion in estimated assets and
liabilities. The debtors sought Chapter 11 protection after
entering into a Restructuring Support Agreement with an ad hoc
group of lenders. A Chapter 11 plan was filed together with the
petition.
Kirkland & Ellis LLP serves as counsel to the Debtors. Porter
Hedges LLP serves as local counsel. PJT Partners is the investment
banker and Alvarez & Marsal is the restructuring advisor. Stretto,
Inc. is the claims and noticing agent and Ernst & Young LLP is the
tax advisor.
Coface Finanz Gmbh is represented by:
Jennifer Joyce Kellner, Esq.
Mayer Brown LLP
1221 Avenue of the Americas
New York, NY 10020
Tel: (212)506-2500
jkellner@mayerbrown.com
FactoFrance is represented by:
Robert E. Richards
Dentons US LLP
233 S. Wacker Drive, Suite 5900
Chicago. Illinois 60606-6404
Telephone: (312) 876-8000
robert.richards@dentons.com
LANDMARK RECOVERY: No Patient Care Concern, 1st PCO Report Says
---------------------------------------------------------------
Suzanne Koenig, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Middle District of Tennessee her first
report regarding the quality of patient care provided by Landmark
Recovery of Colorado, LLC and affiliates.
On October 15, the PCO representatives made an initial unannounced
visit to Spring Grove Recovery Center facility. The chief executive
officer reports that satisfaction with the quality and quantity of
the food being served has been excellent. The overall impression of
the facility is that it provides a clean, safe, and secure
therapeutic environment for patients seeking recovery support.
Staff are engaging and extremely supportive and protective of
client confidentiality.
The PCO representatives made an unannounced visit to Sheridan Grove
Recovery of Colorado Springs facility on October 16. The PCO
observed that the medication room at A Building was clean and
organized. Staff report having access to medications needed to
provide safe effective patient care. The fire riser closet is clean
and well-maintained, and the current inspection is posted.
The PCO interviewed the two NPs that were on-site at the time of
visit. They reported that they care for underserved patients who
typically have a lack of primary and preventative care. Because
Sheridan Grove Recovery is a safety-net facility, they state that
insurance verification can be a challenge at times. They described
the nursing admission process as efficient, and they are
collaborating with nursing to further streamline the intake
process.
On October 22, the PCO representatives made an initial unannounced
visit to Hickory Grove Recovery Center facility. The PCO reported
that the kitchen was clean, organized and in good condition. Staff
were welcoming and engaging. It was reported that there are no
issues with the vendor and that there are great relationships
between the staff at the facility and the Pharmacy.
The PCO did not observe any significant concerns during this report
period (September 19 to November 18). The PCO will submit her next
report within sixty days and will inform the Court if there are any
critical concerns discovered prior to that time, as necessary.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=3soo6Y from PacerMonitor.com.
About Landmark Recovery of Colorado
Landmark Recovery of Colorado LLC, formerly Landmark Recovery of
Colorado Springs and doing business as Praxis of Colorado Springs
by Landmark Recovery and Sheridan Grove Recovery, operates
addiction treatment centers across multiple U.S. states, providing
medical detox, residential, and outpatient rehabilitation services
for substance use disorders. Its facilities, some branded under
"Praxis by Landmark Recovery," offer individualized treatment plans
incorporating therapy, medication-assisted treatment, and clinical
support. Landmark Recovery's operations span locations in Arkansas,
Colorado, Indiana, Kentucky, and Ohio, serving patients through
evidence-based addiction care programs.
Landmark Recovery of Colorado and Landmark Recovery of Arkansas
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
M.D. Tenn. Lead Case No. 25-03452) on August 20, 2025. In its
petition, Landmark Recovery of Colorado reported total assets of
$7,375,347 and total liabilities of $1,841,854 while Landmark
Recovery of Arkansas reported between $1 million and $10 million in
assets and up to $50,000 in liabilities.
Honorable Bankruptcy Judge Randal S. Mashburn handles the case.
The Debtors are represented by Michael G. Abelow, Esq., at Sherrard
Roe Voigt & Harbison, PLC.
Suzanne A. Koenig is the patient care ombudsman appointed in the
Debtors' cases.
LORDON ENTERPRISES: Court OKs Deal on Cash Collateral Access
------------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Los Angeles Division, approved a stipulation allowing Lordon
Enterprises, Inc. to use the cash collateral of its secured
creditors.
Under the stipulation, the Debtor is authorized to use the cash
collateral of Golf Projects Lindero, Inc. and Sunwest Bank through
December 5 to pay the expenses set forth in its budget, subject to
a 15% aggregate variance.
The stipulation defines cash collateral as all funds in the
Debtor's Sunwest accounts on the petition date, including any funds
Sunwest had suspended or set aside because of GPL's levy. Sunwest
agrees to release these suspended funds to the Debtor's new
debtor-in-possession accounts at California Bank of Commerce, where
they will be used solely under the stipulation and related court
orders. Sunwest is prohibited from offsetting these funds against
pre-bankruptcy overdrafts or other obligations, though it preserves
all rights to later assert those claims.
As adequate protection, GPL and Sunwest will be granted replacement
liens on post-petition assets of the same type and priority as any
pre-bankruptcy interests they may have held, limited to the amount
of any decline in collateral value. These replacement liens
expressly exclude avoidance actions and their proceeds.
If the replacement liens ultimately prove insufficient, GPL and
Sunwest will also receive a superpriority administrative claim pari
passu only with U.S. Trustee fees and likewise not payable from
avoidance recoveries.
The stipulation imposes a negative pledge, preventing the Debtor
from granting new liens on cash collateral or replacement lien
collateral without court approval. It also bars use of cash
collateral to compensate insiders unless all Bankruptcy Code and
local rule requirements are met.
The Debtor filed for Chapter 11 on November 3 after GPL obtained a
default judgment exceeding $14 million and levied the Debtor's
Sunwest deposit accounts on October 27. GPL claims that the levy
created an execution lien on those accounts while Sunwest
independently asserts a perfected security interest in the same
accounts under the deposit agreement and relevant provisions of the
California Commercial Code. The Debtor disputes GPL's execution
lien as an avoidable preference under section 547 and had been
seeking post-judgment relief and pursuing settlement discussions
when the bankruptcy intervened.
A copy of the stipulation is available at
https://urlcurt.com/u?l=mRORBj from PacerMonitor.com.
Sunwest is represented by:
Robert S. McWhorter, Esq.
Buchalter
A Professional Corporation
500 Capitol Mall, Suite 1900
Sacramento, CA 95814
Tel: (916) 945-5170
Facsimile: (916) 930-0151
rmcwhorter@buchalter.com
Golf Projects is represented by:
Steven T. Gubner, Esq.
Jessica Bagdanov, Esq.
BG Law, LLP
21650 Oxnard Street, Suite 500
Woodland Hills, CA 91367
Telephone: (818) 827-9000
Fax: (818) 827-9099
sgubner@bg.law
jbagdanov@bg.law
About Lordon Enterprises Inc.
Lordon Enterprises, Inc. provides specialized services to the real
estate industry, including property management, appraisal, listing,
escrow, and consulting services.
Lordon Enterprises sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-19832) on November 3,
2025. In the petition signed by Donald J. Melching, chief executive
officer, the Debtor disclosed up to $1 million in assets and up to
$50 million in liabilities.
Judge Barry Russell oversees the case.
Misty Perry Isaacson, Esq., at Salvato Boufadel, LLP represents the
Debtor as legal counsel.
LUGANO DIAMONDS: U.S. Trustee Appoints Creditors' Committee
-----------------------------------------------------------
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Lugano
Diamonds & Jewelry Inc. and its affiliates.
The committee members are:
1. Royalty T Diamonds Group Ltd.
Attn: David Patish
c/o Ali Mojdehi and Allison Rego
Mojdehi Galvin Rego LLP
2550 Fifth Avenue, Suite 910
San Diego, CA 92103
Phone: 619-549-4000
ali.mojdehi@mgr-legal.com
Allison.rego@mgr-legal.com
2. NBS Diamonds Inc. (dba Scarselli Diamonds)
Attn: Davide Scarselli
c/o Sharon Z. Weiss
Bryan Cave Leighton Paisner LLP
120 Broadway, Suite 330
Santa Monica, CA 90401
' Phone: 310-576 2276
Sharon.weiss@bclplaw.com
3. Ponte Gadea Chicago, LLC
Attn: Alina Toyos
200 S. Biscayne Blvd., Suite 3250
Miami, FL 33131
Phone: 305-373-9559
Email: Legalpgusa@pontegadea.com
4. The Irvine Company
Attn: John Bejjani
c/o Nahal Zarnighian
Ballard Spahr LLP
2029 Century Park East, Suite 1400
Los Angeles, CA 90067
Phone 424-204-4360
zarnighiann@ballardspahr.com
5. William Scott Simon
Attn: William Scott Simon
Phone: 949-500-3686
wss.sfo@gmail.com
6. Barry Aronoff
c/o Lance Jurich, Esq.
Loeb & Loeb LLP
10100 Santa Monica Blvd., Suite 2200
Los Angeles, CA 90067
Phone: 310-282-2000
ljurich@loeb.com
7. Avina LLC/Global Innovations LLC
c/o Robert J. Dehney and Matthew B. Harvey
Morris, Nichols, Arsht & Tunnell LLP
1201 North Market Street
P.O. Box 1347
Wilmington, DE 19899
Phone: 302-351-9353
rdehney@morrisnichols.com
mharvey@morrisnichols.com
8. Adam Rothstein
c/o Colin Robinson and Kim Brown
Landis Rath & Cobb LLP
919 Market Street, Suite 1800
Wilmington, DE 19899
Phone: 302-467-4417
robinson@lrclaw.com
brown@lrclaw.com
9. Kristoffer Winters
c/o Steven Katzman
Bienert Katzman Littrell Williams LLP
903 Calle Amanecer, Suite 350
San Clemente, CA 92673
Phone: 949-369-3700
skatzman@bkwlaw.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Lugano Diamonds & Jewelry Inc.
Lugano Diamonds & Jewelry Inc. designs jewelry. The Company offers
rings, bracelets, earrings, and chain. Lugano Diamonds & Jewelry
serves customers in the State of California.
Lugano Diamonds & Jewelry Inc. and affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case No.
25-12055) on November 16, 2025. In its petition, the Debtor reports
estimated assets between $100 million and $500 million and
estimated liabilities between $500 million and $1 billion.
The affiliates that filed for Chapter 11 separately include Lugano
Buyer Inc. (Case No. 25-12052), K.L.D. Jewelry LLC (Case No.
25-12053),Lugano Prive LLC (Case No. 25-12054), and Lugano Prive
LLC (Case No. 25-12056).
The Debtor is represented by Timothy R. Powell, Esq. and Edmon L.
Morton, Esq. of Young Conaway Stargatt & Taylor, LLP.
Squire Patton Boggs (US) LLP serves as counsel to the DIP Lender
and Prepetition Lender. Polsinelli PC, is the Delaware counsel to
the DIP Lender and Prepetition Lender, and Ankura Consulting Group,
LLC, are the financial advisors.
MACHIKO MANAGEMENT: Taps Shaw & Hanover PC as General Counsel
-------------------------------------------------------------
Machiko Management, LLC seeks approval from the U.S. Bankruptcy
Court Central District of California to hire Summer Shaw, Esq. of
Shaw & Hanover PC to serve as general counsel in its Chapter 11
case.
Ms. Shaw will provide these services:
(a) represent the Debtor as general counsel in its Chapter 11
proceeding;
(b) provide legal advice regarding the Debtor’s duties and
responsibilities as debtor-in-possession;
(c) prepare and file motions, applications, schedules,
statements, reports, and other documents required during the case;
and
(d) assist with the administration of the estate and carry out
all other legal services necessary to navigate the Chapter 11
process.
The Firm's current hourly billing rates are as follows:
-- Summer Shaw, Attorney $595
-- Alina Mamlyuk, Associate Attorney $495
-- Teresa Stone, Paralegal $195
-- Kyla Rist, Administrative Assistant $75
Ms. Shaw is a disinterested person within the meaning of the
Bankruptcy Code.
The firm can be reached at:
Summer Shaw, Esq.
SHAW & HANOVER PC
44-901 Village Court, Suite B
Palm Desert, CA 92260
Telephone: (760) 610-0000
Facsimile: (760) 687-2800
E-mail: ss@shaw.law
About Machiko Management LLC
Machiko Management LLC, based in Temecula, California, provides
administrative and office management services.
Machiko Management LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-16853)
on September 24, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Judge Magdalena Reyes Bordeaux oversees the case.
The Debtor is represented by Summer Shaw, Esq. of SHAW & HANOVER,
PC.
MARELLI AUTOMOTIVE: Taps Brian Worrell as Financial Consultant
--------------------------------------------------------------
Marelli Automotive Lighting USA LLC and its affiliates seek
approval from the U.S. Bankruptcy Court for the District of
Delaware to employ financial professional Brian Worrell as senior
financial consultant.
Mr. Worrell will provide these services:
(a) Active Liquidity & Cash Preservation. Implement daily cash
positioning and disbursement control; optimize working-capital
levers (collections cadence, terms management, AP calendar,
inventory actions), gate nonessential capex/opex, and recommend
immediate cash-preserving measures. Issue a daily dashboard to
CFO/CEO.
(b) 13-Week Cash Forecast & Reporting. Produce and maintain a
weekly, accurate direct cash flow forecast reconcilable to an
indirect view (EBITDA-to-cash). Provide: (a) week-over-week
variance bridge; (b) a clearly labelled risks & opportunities log
showing which items are/are not included; (c) liquidity runway
analysis against DIP requirements and critical vendor needs.
(c) Procurement & Commercial Support. Provide procurement and
commercial teams with finance-grade inputs (e.g., customer- and
programme-level profitability, plant-level saturation and
profitability) for vendor/customer negotiations.
(d) Vendor and OEM Negotiations. Assist with formulating
negotiating strategies with vendors and OEMs. Rapidly and
accurately reflect negotiated outcomes in the 13-week forecast and
variance analysis.
(e) Trapped Liquidity & Tax Remediation (Brazil/China focus).
Map legal-entity cash, restrictions, and tax positions; design and
execute practical release plans (intercompany settlements, cash
pooling alternatives, tax credit/refund acceleration, FX/admin
approvals), and reflect timing/probability in the forecast.
(f) Capital Allocation. Ensure highly profitable and
cash-generative businesses (e.g. Aftermarket) are adequately
capitalized to deliver plan: set funding priorities, propose
temporary ring-fencing where appropriate, and tie allocations to
cash conversion/KPI attainment.
(g) 2026 Cash Flow Forecast. Establish a weekly and/or monthly
indirect (EBITDA-to-cash) forecast through FY2026 with clear P&L
and CFS drivers, sensitivities (base/downside/upside), and
consistency with the 13-week model and DIP/exit financing
assumptions.
(h) Five-Year Plan. Act as the CEO and CFO's business partner
to quarterback the integrated five-year plan: revenue/margin build,
footprint and capex, working capital intensity, tax/leverage
profile, and reconciliation to liquidity and covenant capacity.
(i) Exit Financing. With the support of Company and the Ad Hoc
Group, together with CEO and Company advisors, lead day-to-day
execution of exit financing: data room readiness, diligence Q&A,
liquidity modeling and sensitivity cases, term sheet/process
management, rating/marketing support, tax efficient structuring of
financing and alignment with the Chapter 11 plan timeline.
(j) DIP & Emergency Facility Administration. Coordinate all
legal/administrative processes: borrowing notices, budget/variance
certifications, covenant and milestone tracking, permitted
payments, collateral/borrowing-base (if applicable), payment of
required fees and expenses, and lender
communications—coordinating closely with counsel and the
Company's advisors.
(k) Team Standards & Talent. Define cadence (daily cash,
weekly liquidity pack, monthly forecast roll), establish KPIs,
coach and develop strong talent, and help CFO strengthen finance
team including making personnel recommendations and recommending
hiring interim reinforcements as necessary.
(l) Restructuring to execute new division mapping and legal
entity structures. Support the diagnostic of perimeter mapping and
tax efficient design of divisional/legal entity structure under the
new holding stack, including analysis of future cash repatriation
and optimize tax leakage on future divestments.
Mr. Worrell will receive a fixed fee of £180,000 per month, plus a
discretionary fee of £1,000,000, and reimbursement of reasonable
and documented expenses.
According to the filings, Mr. Worrell is a "disinterested person"
within the meaning of section 101(14) of the Bankruptcy Code.
About Marelli Automotive Lighting USA
Marelli Automotive Lighting USA, LLC is a global automotive parts
supplier based in Saitama, Japan. The company designs and
manufactures advanced technologies for leading automakers,
including lighting systems, electronic components, software
solutions, and interior products. Operating in 24 countries with a
workforce of over 46,000, Marelli also collaborates with
motorsports teams and industry partners on high-performance
component development.
Marelli and its affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 25-11034) on
June 11. 2025. In its petition, Marelli reported between $1 billion
and $10 billion in assets and liabilities.
Judge Craig T. Goldblatt handles the cases.
The Debtors are represented by Kirkland & Ellis LLP, Kirkland &
Ellis International LLP, and Pachulski Stang Ziehl & Jones LLP.
Alvarez & Marsal North America, LLC is the Debtors' restructuring
advisor. PJT Partners Inc. is the Debtors' investment banker.
Kurtzman Carson Consultants, LLC, doing business as Verita Global,
is the Debtors' notice and claims agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped Paul Hastings, LLP and Morris James, LLP as legal
counsel and FTI Consulting, Inc. as its financial advisor.
MAXIMIZED RESTORATION: Seeks Chapter 7 Bankruptcy in Illinois
-------------------------------------------------------------
On November 14, 2025, Maximized Restoration LLC filed for Chapter 7
protection in the Northern District of Illinois. According to court
filings, the Debtor reports between $100,001 and $1,000,000 in debt
owed to 1–49 creditors.
About Maximized Restoration LLC
Maximized Restoration LLC provides professional restoration and
disaster-recovery services to clients requiring water, fire, mold,
and structural remediation. Its business centers on responding to
property damage incidents, performing cleanup work, and executing
repair and reconstruction tasks for homes, commercial facilities,
and managed properties.
Maximized Restoration LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-17668) on November 14, 2025. In
its petition, the Debtor reports estimated assets of $0–$100,000
and estimated liabilities of $100,001–$1,000,000.
Honorable Bankruptcy Judge David D. Cleary handles the case.
The Debtor is represented by Paul O. Otubusin, Esq. of Otubusin &
Assoc.
MCCALLSON TAX: Seeks Chapter 11 Bankruptcy in Kansas
----------------------------------------------------
On November 24, 2025, McCallson Tax & Accounting LLC sought Chapter
11 protection in the District of Kansas. According to court
filings, the Debtor reports between $100,001 and $1,000,000 in debt
owed to 1–49 creditors.
About McCallson Tax & Accounting LLC
McCallson Tax & Accounting is a Kansas‑based accounting firm
located at 206 NW 15th St, Abilene, KS. The firm specializes in
delivering tax preparation, bookkeeping, and accounting services to
individuals and small businesses.
McCallson Tax & Accounting LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. Case No. 25-21728) on November 24,
2025. In its petition, the Debtor reports estimated assets between
$100,001 and $1,000,000 and estimated liabilities in the same
range.
Honorable Chief Judge Dale L. Somers handles the case.
The Debtor is represented by Colin N. Gotham, Esq. of Evans &
Mullinix, P.A.
MCHUGH JUNK: Seeks Chapter 11 Bankruptcy in Massachusetts
---------------------------------------------------------
On November 24, 2025, McHugh Junk Removal Inc. filed for Chapter 11
protection in the District of Massachusetts. According to court
filings, the Debtor reports between $100,001–$1,000,000 in debt
owed to 1–49 creditors.
About McHugh Junk Removal Inc.
McHugh Junk Removal Inc. provides junk-removal, hauling, and
cleanup services for residential properties, rental units,
construction sites, and commercial facilities. Its service
portfolio includes appliance and furniture removal, yard-waste
hauling, post-renovation debris cleanup, and full-property
cleanouts.
McHugh Junk Removal Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass., Case No. 25-41270) on November
24, 2025. In its petition, the Debtor reports estimated assets of
$100,001–$1,000,000 and estimated liabilities of
$100,001–$1,000,000.
Honorable Chief Judge Elizabeth D. Katz handles the case.
The Debtor is represented by Louis S. Robin, Esq. of the Law
Offices of Louis S. Robin.
MEDLINE BORROWER: S&P Affirms 'BB-' ICR, On CreditWatch Positive
----------------------------------------------------------------
S&P Global Ratings affirmed all its ratings on Medline Borrower
L.P., including the 'BB-' issuer credit rating. All ratings remain
on CreditWatch with positive implications.
S&P plans to resolve the CreditWatch placement when the IPO
transaction is executed, and it can assess the company's ownership
structure, financial policy, and leverage levels as a public
company.
On Nov. 4, 2025, Medline filed a public amended form S-1 with
regulators to pursue an IPO of its common stock. While considerable
uncertainty remains around the timing and size of the potential
offering, S&P believes the company remains committed to pursuing
the IPO.
The company's revenue growth and cash flow also remain strong,
leading to continued deleveraging.
The public S-1 filing indicates Medline may be getting closer to
launching its IPO. S&P said, "While 2025 has been a tumultuous year
in the public markets, we believe the company's public S-1 filing
indicates that a potential IPO remains likely in the near term. We
also believe Medline continues to prioritize deleveraging, given
its continued pursuit of the IPO. In the meantime, leverage has
declined to about 5x as of the last-12-months ended Sept. 30, 2025,
in line with our expectations, and we believe leverage will decline
well below 5x in 2026 due to continued strong growth and improved
profitability. While the company has not confirmed the size of the
initial offering, it has been reported to be around $5 billion,
which would result in leverage declining to the low-3x area in
2026."
An investment-grade rating is unlikely unless the company's
financial sponsors reduce their ownership below 40%. S&P said, "If
the IPO is successful, we would evaluate the company's leverage and
financial policy as a public company. We would also evaluate
whether its financial-sponsor owners retain significant ownership,
what their plans are to monetize that ownership, and whether we
would continue to view it as a controlled entity (typically
associated with over 40% voting control). If the company proceeds
with an IPO around the reported $5 billion size, the sponsor's
could retain control, precluding an investment-grade rating, unless
we believe the financial sponsor will relinquish control in the
medium term. An investment-grade rating would also be dependent on
an expectation that the company will operate with a conservative
financial policy as a public company and leverage will remain below
3x going forward."
The CreditWatch reflects the uncertainty of the potential IPO as
well as the lack of information around potential leverage,
ownership control, and financial policy as a public company.
S&P said, "If the IPO is executed, we expect it would likely result
in a one to two notch upgrade of Medline depending on the company's
leverage and stated financial policy. It is unlikely that we would
raise the rating above 'BB+' unless we expect the company's
financial sponsors to relinquish control.
"We could revise the outlook to stable if the IPO process is
delayed further due to market conditions or other factors, but we
still believe the company's financial policy will be to reduce and
maintain leverage in line with a potential IPO.
"Alternatively, if we believe the company will abandon the IPO, we
could revise the outlook to negative or lower the rating by one
notch. In the absence of an IPO, we believe the most likely
monetization strategy would be a sponsor-flip or a dividend
recapitalization. Both would potentially result in significantly
higher leverage."
MI WINDOWS: S&P Alters Outlook to Negative, Affirms 'B+' ICR
------------------------------------------------------------
S&P Global Ratings revised the outlook on Pennsylvania-based
manufacturer MI Windows and Doors LLC (MIWD) to negative to
indicate a potential downgrade within the next 12 months if the
company cannot reduce leverage below 5x.
At the same time, affirmed its 'B+' issuer credit rating on MIWD
and its ratings on the company's debt, including the 'BB-' rating
on the secured debt and the 'B-' rating on the unsecured debt. The
respective recovery ratings of '2' and '6' are unchanged.
S&P said, "We no longer expect leverage to fall below 5x over the
next 12 months. While MIWD's acquisition of PGT Innovations in
March 2024 expanded its size and scale, weaker than expected
macroeconomic conditions have prolonged elevated leverage longer
than expected, exacerbating its aggressive use of debt ($3 billion)
to fund the deal. We previously forecasted leverage would return to
well under 5x by year-end 2025 and now expect it will likely be on
the high end of the 5x-6x range before improving closer toward 5x
in 2026. With over a year of consolidated earnings, the company has
executed much of its integration plan and realized expected
synergies.
"However, the consolidated company's rolling-12-months EBITDA as of
September increased only $171.1 million from the quarter prior to
the transaction close. As such, we expect the company will achieve
the pro forma sales based on pre-acquisition earnings by year-end
2027. Compounding this, MIWD's debt balance continues to expand due
to the cumulative dividend on its preferred stock instrument, which
we treat as debt. We anticipate leverage will remain above 5x for
the next 12 months.
"Deteriorated adjusted margins reflect normalization of
profitability. Earnings softness has further affected S&P Global
Ratings-adjusted EBITDA margins. We believe declining margins
reflect profitability normalization in the face of increased
pricing pressure and the dilutive impact of the PGT acquisition. We
expect margins to remain in the 19.5%-20% range over the next two
years, reflecting a significant decline from previous highs of
23%-24% since the height of the COVID-19 pandemic. While the
building products sector has broadly normalized from the
pandemic-driven boom, many companies are expected to maintain some
portion of improvement, as is the case with MIWD. The company
additionally continues to implement cost-saving initiatives
including simplification of its operations while managing
integration of PGT. We believe current profitability does not
indicate its long-term trajectory. However, in the near term, we
anticipate weaker earnings likely will depress operating cash
flow.
"MIWD's strong cash balance and ample liquidity remain credit
positives. Even through difficult business conditions, we expect
free cash of $140 million-$170 million in 2025, supported by
nonrecurring deferred financing costs and stable selling, general,
and administrative margins. Further, the company's balance sheet
strength, as demonstrated by its large, expected cash balance of
$450 million-$500 million at year-end and revolver availability,
provides ample liquidity. The cash balance has benefited from
favorable noncore asset sales that in turn supported net debt. The
risk of elevated leverage is additionally offset by no upcoming
debt maturities. We do not forecast debt paydowns, however, if the
company did use cash to reduce priority debt, we may view such
actions as a credit positive demonstration of utilizing cash for
reducing debt risk.
"Our 'B+' rating on MIWD reflects its market position as one of the
largest providers of vinyl, aluminum, and fiberglass windows and
patio doors in the U.S. residential market. The acquisition of PGT
solidified its position as the third-largest provider of vinyl
windows while deepening its footprint in the Florida market, which
benefits from storm-driven demand volume. At the same time, we
believe MIWD's less-diversified portfolio, concentration in
cyclical residential construction markets, and exposure to volatile
inputs such as vinyl, glass, aluminum, and wood products could
contribute to unpredictability in its credit ratios. However,
exposure to more predictable repair and remodeling spending and an
increasing specialty mix could provide relief.
"The negative outlook on MIWD reflects our expectations that its
credit measures could remain elevated, with S&P Global
Ratings-adjusted leverage above 5x over the next 12 months. This is
based, in part, on our economists' forecast for housing starts to
remain flat at about 1.4 million in 2026 and our view that repair
and remodeling spending won't improve meaningfully next year.
"We could lower the rating over the next 12 months if S&P Global
Ratings-adjusted leverage fails to improve toward 5x. This could
occur if S&P Global Ratings-adjusted EBITDA is more than 10% below
our base-case scenario.
"We could revise our outlook back to stable over the next 12 months
if S&P Global Ratings-adjusted earnings improve faster than
expected, helped by improving demand, such that leverage declines
below 5x and we view it as sustainable through market conditions."
MIL 21 E: Seeks Chapter 7 Bankruptcy in Massachusetts
-----------------------------------------------------
On November 26, 2025, MIL 21 E LLC sought Chapter 7 protection in
the District of Massachusetts. According to court filings, the
Debtor reports between $1 million and $10 million in debt owed to
1–49 creditors.
About MIL 21 E LLC
MIL 21 E LLC is an entity established to manage and hold real
estate assets, typically supporting investment or
development-driven objectives. The company may engage in property
oversight, leasing activity, and financial administration tied to
its holdings. Its limited liability structure ensures streamlined
management and protects the interests of its members.
MIL 21 E LLC sought relief under Chapter 7 of the U.S. Bankruptcy
Code (Bankr. D. Mass., Case No. 25-12576) on November 26, 2025. In
its petition, the Debtor reports estimated assets of
$100,001–$1,000,000 and estimated liabilities of $1 million–$10
million.
Honorable Chief Judge Elizabeth D. Katz handles the case.
The Debtor is represented by Christopher M. Condon, Esq. of
Bowditch & Dewey, LLP.
MIM LANDSCAPE: Section 341(a) Meeting of Creditors on Dec. 23
-------------------------------------------------------------
On November 24, 2025, MIM Landscape Division LLC filed for Chapter
11 protection in the Southern District of Indiana. According to
court filings, the Debtor reports between $1 million and $10
million in debt owed to 50–99 creditors.
A meeting of creditors under Section 341(a) to be held on December
23, 2025 at 01:00 PM Eastern via a teleconference at 888-330-1716;
passcode 6790688.
About MIM Landscape Division LLC
MIM Landscape Division LLC, doing business as McCammons Irish
Market, LLC, operates garden-center and landscape service locations
in Greenwood and Brownsburg where it provides landscape services
including tree installation. The Company sells plants, trees,
shrubs, and a range of gardening products to retail and
project-based customers.
MIM Landscape Division LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-07218) on
November 24, 2025. In its petition, the Debtor reports estimated
assets of $1 million to $10 million and estimated liabilities of $1
million to $10 million.
Honorable Bankruptcy Judge Andrea K. McCord handles the case.
The Debtor is represented by Preeti Gupta, Esq., of Preeti (Nita)
Gupta, Attorney.
MONUMENT ACADEMY: S&P Assigns 'BB' Long-Term ICR, Outlook Negative
------------------------------------------------------------------
S&P Global Ratings affirmed its 'BB' long-term rating and
underlying rating on the Colorado Educational & Cultural Facilities
Authority's series 2014 revenue bonds, issued for Monument Academy
(MA).
The outlook is negative.
S&P said, "We view Monument Academy's environmental, social, and
governance factors as neutral in our credit rating analysis.
"The negative outlook reflects our view that there is a
one-in-three chance that we could lower the rating due to the
ongoing operational and financial challenges associated with
Monument's expansion to a second campus. MA's pro forma debt burden
necessitates further enrollment growth to maintain sufficient
lease-adjusted MADS coverage commensurate with the current rating.
In addition, we view the balloon maturity scheduled for June 1,
2026, as presenting additional downside risk until a refinancing
occurs.
"We would likely lower the rating if our view that MA will be able
to refinance the 2019 bonds on a timely basis changes. We could
also lower the rating if financial margins and MADS coverage do
stabilize commensurate with levels consistent with the rating, or
if MA issues a significant amount of additional debt without
commensurate growth enrollment or in financial resources.
"We could revise the outlook to stable following Monument's
refinancing of its 2019 bonds, if we believe it's financial plan
results in sustainable improvement in financial metrics, and if
enrollment stabilizes."
MUNDO EDITORIAL: Court Bars Access to Cash Collateral
-----------------------------------------------------
The U.S. Bankruptcy Court for the District of Puerto Rico granted
Advanced Service Group LLC's motion to prohibit Mundo Editorial,
Inc. from using cash collateral without proper court
authorization.
In its motion, the lender argued that the Debtor is using cash
subject to its perfected security interest without consent or
adequate protection.
Mundo Editorial filed its Chapter 11 Subchapter V petition on
August 29 and continues to operate as debtor-in-possession, but
according to Advance, it defaulted on its last three cash-advance
agreements, accruing $329,270 in debt as of the petition date.
Advance holds a valid, perfected security interest in the Debtor's
cash, accounts receivable, and proceeds, supported by prior cash
advances made to fund working capital, with documentation including
a contract, account statements, and a 2023 UCC financing statement.
Advance argued that because cash collateral is consumed as it is
used, the Bankruptcy Code imposes a strict standard of adequate
protection and the Debtor bears the burden of proving its
sufficiency but the Debtor has allegedly provided none. Citing
statutory requirements and case law emphasizing the creditor's
right to protection equal to the value of its prepetition bargain,
Advance argued that the continued use of cash collateral without
protective measures such as periodic payments, replacement liens,
or other "indubitable equivalent" security exposes it to
substantial and irreparable harm.
About Mundo
Editorial
Mundo Editorial Inc. filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D.P.R. Case No. 25-03916)
on August 29, 2025, listing $100,001 to $500,000 in both assets and
liabilities.
Judge Maria De Los Angeles Gonzalez oversees the case.
The Debtor tapped Jesus E. Batista Sanchez, Esq., at The Batista
Law Group, PSC as counsel and Hector L. Martinez at HDC Tax
Services Inc. as financial consultant.
Advanced Service Group LLC, as lender, is represented by GOLDMAN
ANTONETTI & CORDOVA, LLC.
MYELLA INC: Gets Final OK to Use Cash Collateral
------------------------------------------------
The U.S. Bankruptcy Court, Eastern District of New York issued a
final order authorizing Myella, Inc. to continue using cash
collateral.
The court authorized the Debtor to use the cash collateral of Favo
Funding, LLC for ordinary course business expenses in accordance
with an approved operating budget, subject to ongoing monthly
updates provided to the secured creditor.
As adequate protection, Favo was granted valid and perfected
post-petition replacement liens on all assets of the Debtor (pre-
and post-petition), senior to all other liens except for
pre-existing liens on vehicles and equipment. These liens were
automatically perfected as of the filing date and hold senior
priority over other claims, except for the carveout that includes
avoidance actions and certain professional fees.
If any event of default occurs such as unauthorized spending or
conversion of the case to Chapter 7, the Debtor's authority to use
cash collateral terminates automatically after a five-business-day
cure period.
The order preserves the rights of all parties to challenge Favo's
claims and liens within the court's specified framework.
The court's order remains binding and effective through plan
confirmation or any future conversion or dismissal of the Debtor's
Chapter 11 case.
The final order is available at https://is.gd/cZFicO from
PacerMonitor.com.
As of the petition date, Myella's assets include approximately
$2,000 in bank accounts, $8,500 in inventory, $2,000 in equipment,
$1,500 in office electronics, and unspecified goodwill. The Debtor
has no accounts receivable.
Favo is believed to be owed approximately $150,000.
The Debtor is a New York corporation operating a full-service
restaurant in Roslyn Heights, New York. It is wholly owned by Brian
Kauffman.
About Myella Inc.
Myella, Inc. operates a full-service restaurant in Roslyn Heights,
New York.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.Y. Case No. 25-73404) on February 9,
2025. In the petition signed by Brian J. Kauffman, Esq., owner,
president, the Debtor disclosed up to $50,000 in assets and up to
$500 million in liabilities.
Judge Alan S. Trust oversees the case.
Adam P. Wofse, Esq., at LaMonica Herbst & Maniscalco, LLP,
represents the Debtor as legal counsel.
NEED SPACE: Hires Marcus D. Ward PLLC as Legal Counsel
------------------------------------------------------
Need Space Tabb, LLC seeks approval from the U.S. Bankruptcy Court
for the Western District of Tennessee to employ Marcus D. Ward,
PLLC as counsel to handle its chapter 11 case.
The firm will be paid at these rates:
Attorneys $250 per hour
Paraprofessionals $100 per hour
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Mr. Ward disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Marcus D. Ward, Esq.
Marcus D. Ward, PLLC
3385 Airways Blvd., Suite #229
Memphis TN 38116
Tel: (901) 661-1811
Email: MDWard@mdwpllc.com
About Need Space Tabb, LLC
Need Space Tabb LLC operates a self-storage facility at 101 Tabb
Drive, Munford, Tennessee, providing various storage units and
vehicle parking spaces. The Company is structured as a single-asset
real estate entity (SARE) and is part of the broader Need Space
self-storage network, which operates multiple locations across
Tennessee and Mississippi.
Need Space Tabb LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tenn. Case No. 25-25205) on October
10, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge M Ruthie Hagan handles the case.
The Debtor is represented by Marcus D. Ward, Esq. of MARCUS D.
WARD, PLLC.
NEIGHBORHOOD HANDYMAN: Seeks Chapter 7 Bankruptcy in Illinois
-------------------------------------------------------------
On November 18, 2025, Neighborhood Handyman 815 LLC sought Chapter
7 bankruptcy protection in the Northern District of Illinois. Court
filings indicate the Debtor owes between $100,001 and $1,000,000 to
1–49 creditors.
About Neighborhood Handyman 815 LLC
Neighborhood Handyman 815 LLC is a home-repair and maintenance
services provider dedicated to helping homeowners manage routine
fixes and improvement projects. The company offers a broad
portfolio of handyman services, including small repairs, fixture
replacements, painting, carpentry tasks, and general residential
upkeep. Its client-centric approach and practical service offerings
make it a reliable option for households in need of dependable
maintenance support.
Neighborhood Handyman 815 LLC initiated Chapter 7 proceedings under
the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-81547) on
November 18, 2025. In its petition, the company reports estimated
assets of $0–$100,000 and estimated liabilities totaling
$100,001–$1,000,000.
The case is overseen by Honorable Bankruptcy Judge Thomas M.
Lynch.
Legal representation is provided by George P. Hampilos, Esq. of
Hampilos & Associates, Ltd.
NEW FORTRESS: Extends Letter of Credit Maturity to March 2026
-------------------------------------------------------------
New Fortress Energy Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that on November 14,
2025, the Company entered into the Eleventh Amendment Agreement, by
and among the Company, as the borrower, the guarantors party
thereto, Natixis, New York Branch, as administrative agent and
collateral agent, and each of the other financial institutions
party thereto, as lenders and issuing banks, which amends that
certain Letter of Credit and Reimbursement Agreement, dated as of
July 16, 2021, by and among the Company, as the borrower, the
guarantors from time to time party thereto, Natixis, New York
Branch, as administrative agent and collateral agent, and each of
the other financial institutions from time to time party thereto,
as lenders and issuing banks, to, among other things:
(a) extend the maturity date of the Letter of Credit Agreement
to March 31, 2026,
(b) provide for a covenant holiday with respect to the
consolidated first lien debt ratio and fixed charge coverage ratio
covenants contained therein for the fiscal quarter ended September
30, 2025 and the fiscal quarter ending December 31, 2025,
(c) remove the minimum liquidity requirement contained therein
with respect to each fiscal quarter,
(d) remove certain flexibility the Company had to pay
dividends and other distributions, and
(e) restrict the ability for the Company or any of its
subsidiaries to make payments of principal or interest accruing on
certain outstanding indebtedness, including the November 17, 2025
interest payment due under that certain Indenture, dated as of
November 22, 2024, by and between NFE Financing LLC, a Delaware
limited liability company and subsidiary of the Company, as issuer,
the guarantors from time to time party thereto and Wilmington
Savings Fund Society, FSB, as trustee and notes collateral agent.
The Eleventh Amendment provides that if, among other things, NFE
Financing fails to maintain that certain Forbearance and Waiver
Agreement, dated as of November 17, 2025, by and among NFE
Financing, NFE Brazil Investments LLC, a Delaware limited liability
company and subsidiary of the Company, Bradford County Real Estate
Partners LLC, a Delaware limited liability company and subsidiary
of the Company, and the holders under the New 2029 Notes Indenture
party thereto, in full force and effect or materially violates its
terms, an event of default will occur under the Letter of Credit
Agreement.
If such event of default occurs, the issuing banks would have the
right to require cash collateralization of all outstanding letters
of credit issued pursuant to the Letter of Credit Agreement.
If the issuing banks choose to exercise such rights under those
facilities, substantially all the Company's outstanding
indebtedness could be accelerated, and the Company may be required
or compelled to pursue additional restructuring initiatives to
preserve value and optionality, including possible out-of-court
restructurings, or in-court relief, which could have a material and
adverse impact on stockholders.
About New Fortress Energy Inc.
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.
For the fiscal year ended December 31, 2024, the Company had $12.9
billion in total assets, $10.8 billion in total liabilities, and a
total stockholders' equity of $2 billion.
* * *
In July 2025, S&P Global Ratings lowered its issuer credit rating
on New Fortress Energy Inc. (NFE) to 'CCC' from 'B-' . . . The
negative outlook reflects heightened refinancing risk on the
company's notes due September 2026 and an increased possibility
that a payment default or distressed exchange may occur within the
next 12 months.
The Company has initiated a process to evaluate its strategic
alternatives to improve its capital structure. It has retained
Houlihan Lokey Capital, Inc. as financial advisor and Skadden,
Arps, Slate, Meagher & Flom LLP as legal advisor to assist it in
this evaluation. The Company, along with its advisors, is
considering all options available, including asset sales, capital
raising, debt amendments and refinancing transactions, and other
strategic transactions that seek to provide additional liquidity
and relief from acceleration under its debt agreements.
As part of this process, the Company is engaging in discussions
with various existing stakeholders and potential investors. There
are inherent uncertainties as the outcome of these negotiations and
potential transactions are outside management's control, and
therefore there are no assurances that management will be
successful in these negotiations and that any of these potential
transactions will occur.
In addition, there can be no assurances that these transactions
will sufficiently improve the Company's liquidity or that the
Company will otherwise realize the anticipated benefits.
Moreover, if the Company fails to obtain amendments and
forbearance, the Company may be required or compelled to pursue
additional restructuring initiatives to preserve value and
optionality, including possible out-of-court restructurings, or
in-court relief, which could have a material and adverse impact on
the Company's stockholders.
NICKLAUS COMPANIES: Deadline for Panel Questionnaires Set for Dec 1
-------------------------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy cases of GBI Services, LLC,
et al.
If a party wishes to be considered for membership on any official
committee that is appointed, it must complete a questionnaire
available at https://tinyurl.com/ynx7jekf and return by email it to
Benjamin A. Hackman -- Benjamin.A.Hackman@usdoj.gov –- at the
Office of the United States Trustee so that it is received no later
than 4:00 p.m., on December 1, 2025.
If the U.S. Trustee receives sufficient creditor interest in the
solicitation, it may schedule a meeting or telephone conference for
the purpose of forming a committee.
About Nicklaus Companies/GBI Services
Nicklaus Companies LLC, also known as Golden Bear Financial
Services, is a worldwide golf enterprise established to uphold and
expand the legacy of golf icon Jack Nicklaus. It operates across
several areas of the industry, including golf course design,
branded products, licensing, and overall brand management. Its
goal is to provide high-quality golf experiences and products that
reflect the Nicklaus name's global reputation for excellence,
innovation, and integrity.
Nicklaus Companies, GBI Services LLC and their affiliates sought
relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.
Del., Lead Case No. 25-12088) on November 21, 2025. In its
petition, Lead Debtor GBI Services reported estimated assets
between $10 million and $50 million and estimated liabilities
between $500 million and $1 billion. The petitions were signed by
Philip D Cotton as chief executive officer.
Honorable Bankruptcy Judge Craig T. Goldblatt handles the cases.
The Debtors are represented by Richards, Layton & Finger, P.A. and
Weil Gotshal & Manges LLP. Alvarez & Marsal North America, LLC
serves as financial and restructuring advisor to the Debtors,
Cassel Salpeter & Co serves as investment banker, and Epiq
Corporate Restructuring LLC acts as claims and noticing agent.
NIGHTFOOD HOLDINGS: Widens Net Loss to $3.7MM in 2026 Q1
--------------------------------------------------------
Nightfood Holdings, Inc. filed with the U.S. Securities and
Exchange Commission its Quarterly Report on Form 10-Q reporting a
net loss of $3,695,535 for the three months ended September 30,
2025, compared to $764,611 in the prior-year quarter, an
unfavorable change of $2,930,924, or 383%.
Revenues were $782,027 for the three months ended September 30,
2025, compared to no revenues from continuing operations in the
three months ended September 30, 2024.
As of September 30, 2025, the Company had $128,793,702 in total
assets, $40,350,129 in total liabilities, $106,324,241 in total
temporary equity, and $17,880,668 in total stockholders' deficit.
At September 30, 2025, the Company had an accumulated deficit of
$50,449,379
For the three months ended September 30, 2025, the Company used net
cash in operating activities of $243,388. The Company continues to
have a significant accumulated deficit and stockholders' deficit
and relies on external financing to fund operations and
acquisitions.
At September 30, 2025, the Company had cash of $1,337,285, compared
to $350,231 at June 30, 2025.
While the recent hotel and business acquisitions have begun to
generate revenues, they have not yet produced sufficient positive
cash flow to fund all operating costs, debt service and planned
capital expenditures.
These factors -- recurring losses from continuing operations,
limited operating cash flows, and dependence on debt and equity
financing -- continue to raise substantial doubt about the
Company's ability to continue as a going concern within the next 12
months.
Management's plans to address these conditions include:
* Increasing revenue and improving profitability of hotel
operations, including through revenue-management initiatives, cost
controls, and selective capital investments intended to enhance
property performance.
* Scaling foodservice packaging and RaaS revenues, including
cross-selling into the Company's hotel customer base.
* Seeking additional debt and/or equity financing, including
mortgage refinancings, working capital facilities and potential
equity issuances, to support operations, fund capital projects and
pursue strategic opportunities.
* Maintaining a disciplined approach to capital allocation and
operating expenses, including reviewing underperforming assets or
business lines and considering asset sales, restructurings or
partnership arrangements where appropriate.
* Continuing to monitor evolving regulatory and disclosure
requirements applicable to smaller reporting companies, including
SEC rules related to liquidity, cybersecurity and climate-related
risks, and integrating those requirements into its risk management
and internal control framework.
There can be no assurance that these plans will be successful or
that additional financing will be available on acceptable terms or
in sufficient amounts, if at all.
If the Company is unable to obtain the necessary financing or
improve cash flows from operations, it may be required to delay or
curtail expansion plans, sell assets, restructure obligations or
pursue other strategic alternatives.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/3wa6msj5
About Nightfood Holdings
Tarrytown, N.Y.-based Nightfood Holdings, Inc. is focused on
identifying and exploiting explosive market trends within the
hospitality, food services, and consumer goods sectors. By leading
newly emerging categories and by identifying opportunities in
markets undergoing transformational upheaval, the Company's aim is
to create upside potential unmatched in more mature markets.
As of June 30, 2025, the Company had total assets of $7.32 million,
$11.95 million in total liabilities, $12.71 million in total
temporary equity and $17.33 million in total stockholders'
deficit.
Spokane, Wash.-based Fruci & Associates II, PLLC, the Company's
former auditor, issued a "going concern" qualification in its
report dated October 14, 2025, attached to the Company's Annual
Report on Form 10-K for the fiscal year ended June 30, 2025, citing
that the Company has an accumulated deficit, limited available cash
resources and does not believe cash on hand will be sufficient to
fund operations and growth. These factors, among others, raise
substantial doubt about the Company's ability to continue as a
going concern.
NORCOLD LLC: Retains Hilco Corporate Finance as Investment Banker
-----------------------------------------------------------------
Norcold LLC seeks approval from the U.S. Bankruptcy Court for the
District of Delaware to hire Hilco Corporate Finance, LLC to serve
as investment banker in its Chapter 11 case.
HCF will provide these services:
(a) familiarizing itself to the extent that HCF deems appropriate
with the commercial, financial, operational, and legal
circumstances of the Debtor;
(b) identifying and recommending potential buyers to the Debtor in
connection with a Transaction;
(c) with the Debtor's assistance, creating written materials
(e.g., a "teaser," confidential information memorandum, management
presentation, form of non-disclosure agreement) to be used in
presenting the Transaction opportunity to prospective buyers,
subject to Debtor review and approval;
(d) soliciting and reviewing proposals and making recommendations
and advising the Debtor in negotiating proposals concerning a
Transaction;
(e) assisting the Debtor in responding to due diligence review of
interested parties with respect to a Transaction;
(f) assisting the Debtor in soliciting and evaluating Transaction
proposals;
(g) assisting the Debtor and its other professional advisors in
negotiating definitive documentation concerning a Transaction and
otherwise assisting in the process of closing a Transaction; and
(h) as necessary, to the extent a Transaction is consummated
pursuant to the Bankruptcy Code:
i. assisting with the preparation of motions related to a
Transaction;
ii. consulting with other retained parties, lenders,
creditors' committee, and other parties in interest;
iii. participating in Court hearings and providing expert
advice and testimony in connection with hearings before the Court;
iv. attending meetings of the Debtor's board of managers and
meetings with other interested parties as the Debtor and HCF may
mutually agree; and
v. performing other tasks as appropriate and as may
reasonably be requested by the Debtor's management or counsel.
HCF will receive these compensation:
- Monthly fee of $25,000, fully earned upon payment and credited
against any Sale Transaction Fee;
- Sale Transaction Fee of $600,000 upon first closing of a Sale
Transaction (or $400,000 if consummated through Stalking Horse APA
initial credit bid);
- Reimbursement for all reasonable expenses incurred in connection
with the engagement, including travel, meals, lodging, attorneys'
fees, and ancillary costs.
Hilco Corporate Finance, 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:
Teri Stratton
Hilco Corporate Finance, LLC
5 Revere Dr, Suite 206
Northbrook, IL 60062
About Norcold LLC
Norcold LLC is a recreational vehicle refrigerator manufacturer.
Norcold LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-11933) on November 3, 2025. In its
petition, the Debtor reports more than $300 million.
Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by Sean Matthew Beach, Esq., Simcha
Trager, Esq., Matthew Barry Lunn, Esq., Roger Sharp, Esq., Rodney
Square, Esq., and Jared W Kochenash, Esq. of Young Conaway.
Stretto, Inc. is the Debtor's claims and noticing agent.
NORCOLD LLC: Seeks to Hire Stretto Inc. as Administrative Advisor
-----------------------------------------------------------------
Norcold LLC seeks approval from the U.S. Bankruptcy Court for the
District of Delaware to hire Stretto, Inc. to serve as its
administrative advisor.
Stretto will provide these services:
(a) assist with, among other things, solicitation, balloting, and
tabulation of votes; prepare any related reports, as required in
support of confirmation of a Chapter 11 plan;
(b) prepare an official ballot certification and, if necessary,
testify in support of the ballot tabulation results;
(c) assist with the preparation of the Debtor's schedules of
assets and liabilities and statements of financial affairs and
gather data in conjunction therewith;
(d) manage and coordinate any distributions pursuant to a chapter
11 plan if designated as distribution agent under such plan; and
(e) provide such other solicitation, balloting, and other
administrative services as may be requested from time to time by
the Debtor, the Court or the Office of the Clerk of the Court.
Prior to the Petition Date, the Debtor provided Stretto an advance
of $25,000.
The firm's preferred rate structure are:
Analyst Waived
Consultant (Associate/Senior Associate) $70-$200
Director/Managing Director $210-$250
Solicitation Director $275
Executive Management Waived
Stretto 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:
Sheryl Betance
Senior Managing Director
STRETTO, INC.
410 Exchange, Ste. 100
Irvine, CA 92602
About Norcold LLC
Norcold LLC is a recreational vehicle refrigerator manufacturer.
Norcold LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-11933) on November 3, 2025. In its
petition, the Debtor reports more than $300 million.
Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by Sean Matthew Beach, Esq., Simcha
Trager, Esq., Matthew Barry Lunn, Esq., Roger Sharp, Esq., Rodney
Square, Esq., and Jared W Kochenash, Esq. of Young Conaway.
Stretto, Inc. is the Debtor's claims and noticing agent.
NU-CAST STEP: Livonia Appeal Tossed for Lack of Jurisdiction
------------------------------------------------------------
Judges Brock A. Swartzle, Matthew S. Ackerman and Christopher M.
Trebilcock of the State of Michigan Court of Appeals dismissed the
appeal styled NUCAST, LLC, Plaintiff/Counterdefendant-Appellee, v.
LIVONIA PRE CAST LLC, Defendant/Counterplaintiff/ThirdParty
Plaintiff-Appellant, and GIULIO LEDDA, BRUCE LEDDA, and JOE
CICCARELLI, also known as GUISEPPE CICCARELLI,
Defendants-Appellants, and NICHOLAS CAMARGO, Third-Party Defendant,
No. 367941 (Mich. Ct. App.) for lack of jurisdiction and remanded
to the trial court.
The parties have been involved in lengthy and contentious
litigation after plaintiff purchased defendants' concrete-business
assets out of bankruptcy. In this latest round, defendants claim
the trial court erred when it entered various orders, particularly
its opinion and order resolving the parties' motions for summary
disposition in plaintiff's favor.
Plaintiff raised several claims in this follow-up lawsuit against
defendants, including violations of the Michigan Uniform Trade
Secrets Act, MCL 445.1901 et seq., and the Michigan Consumer
Protection Act, MCL 445.901 et seq.; false misrepresentation; and
breach of contract. In response, defendant Livonia Pre Cast filed a
counterclaim against plaintiff and a third-party claim against
plaintiff's counsel of record, Nicholas Camargo, alleging malicious
prosecution, abuse of process, tortious interference with a
business expectancy, and conspiracy.
Plaintiff and Livonia Pre Cast each filed summary-disposition
motions as to the counterclaim, and defendants moved for summary
disposition as to plaintiff's complaint. On July 14, 2023, the
trial court issued an opinion and order granting plaintiff's motion
for summary disposition, dismissing the counterclaim in its
entirety. Though the trial court did not directly address Livonia
Pre Cast's request to amend its counterclaim if the trial court
dismissed its conspiracy claim for failure to join Camargo, the
alleged co-conspirator, the trial court dismissed the conspiracy
claim on different grounds.
In lieu of proceeding to trial, the parties then entered into an
arbitration agreement to resolve the
now-narrowed-by-the-trial-court dispute.
Consistent with the arbitration agreement, the trial court entered
a stipulated order dismissing the case without prejudice. Although
the order allowed the parties to move to reopen the case as agreed
upon, it stated it was a final order resolving “the last pending
claim” and closing the case. Defendants appealed.
The panel holds, "The order appealed was not final because it did
not resolve the merits of the remaining claims and allowed the
parties to reopen the case to enforce the arbitration award issued
pursuant to the parties' agreement to arbitrate. Absent a trial
court order from which defendants can appeal by right, we lack
jurisdiction and therefore cannot consider defendants' allegations
of error. On remand, our governing law compels the trial court to
enter an order staying the proceedings pending arbitration."
A copy of the Court's Opinion dated November 17, 2025, is available
at https://urlcurt.com/u?l=75QzrX
Headquartered in Detroit, Michigan, Nu-Cast Step & Supply, Inc.,
filed for Chapter 11 bankruptcy protection (Bankr. E.D. Mich. Case
No. 15-58539) on Dec. 27, 2015, estimating its assets at between
$100,000 and $500,000 and liabilities at between $1 million and $10
million. The petition was signed by Guilio Ledda, vice president.
Judge Mark A. Randon presides over the case.
Robert N. Bassel, Esq., at Robert Bassel, Attorney, serves as the
Debtor's bankruptcy counsel.
NYC ALPHA: Seeks Cash Collateral Access
----------------------------------------
NYC Alpha Champions Construction, LLC asks the U.S. Bankruptcy
Court for the Eastern District of Wisconsin for authority to use
cash collateral and provide adequate protection, retroactive to the
petition date.
The Debtor needs to use cash collateral to continue business
operations, maintain employee payroll, pay necessary expenses, and
preserve the going-concern value of the estate.
The cash collateral in question primarily arises from secured
interests held by F Street Investments, LLC via pre-petition hard
money loans secured by two Milwaukee properties and the City of
Milwaukee for unpaid property taxes. As of the petition date, the
Debtor's estimated assets include accounts receivable of $1,250,
inventory of $1,500, and furniture and equipment of $1,500, with
pre-petition secured debts to F Street Investments totaling
$251,976.43 and property taxes of $7,745.
The Debtor asserts that immediate access to cash collateral is
necessary to avoid irreparable harm, including the potential
cessation of operations, and requests authorization to use cash
collateral in accordance with a 12-week budget. The budget allows
for a 10% variance in individual line items or in aggregate across
the budget.
Adequate protection for secured creditors is proposed through (i)
the Debtor's projected cash-flow positive operations and (ii)
replacement liens on post-petition assets, maintaining the same
priority as existing prepetition liens.
A copy of the motion is available at https://urlcurt.com/u?l=1UT7Jy
from PacerMonitor.com.
F Street Investments is represented by:
Beth M. Brockmeyer, Esq.
Cramer Multhauf LLP
1601 E. Racine Avenue, Suite 200
P.O. Box 558
Waukesha, WI 53187-0558
Phone: (262) 542-4278
Fax: (262) 542-4270
bb@cmlawgroup.com
About NYC Alpha Champions Construction
NYC Alpha Champions Construction, LLC sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. Wis. Case No.
25-25467) on September 28, 2025, with $100,001 to $500,000 in
assets and liabilities.
Judge Katherine M. Perhach presides over the case.
Jude Witkowski, Esq. at Seifert & Associates LLC represents the
Debtor as legal counsel.
F Street Investments, LLC, as lender, is represented by Beth M.
Brockmeyer, Esq. and Daniel J. Habeck, Esq. at Cramer Multhauf,
LLP.
ODYSSEY LOGISTICS: Moody's Cuts CFR to Caa1, Outlook Stable
-----------------------------------------------------------
Moody's Ratings downgraded Odyssey Logistics & Technology
Corporation's (Odyssey) corporate family rating to Caa1 from B3,
probability of default rating to Caa1-PD from B3-PD, and the senior
secured first lien bank credit facility rating to Caa1 from B3. The
outlook remains stable.
The downgrade of Odyssey's ratings reflects Moody's expectations
that the company will operate with very high leverage and weak
interest coverage over the next twelve months. A challenging
freight market with weak pricing and soft volumes have contributed
to Odyssey's lower earnings and persistently negative free cash
flow. As a result, Odyssey's financial leverage will remain well in
excess of 7x debt/EBITDA over the next several quarters. Further,
Moody's believes a reduction in leverage to a more sustainable
level is dependent on improving freight market conditions, which
Moody's expects will remain challenging heading into 2026. This
poses a risk to Odyssey since the company faces refinancing risk
with significant debt maturities in 2027.
RATINGS RATIONALE
Odyssey's Caa1 CFR reflects the company's moderate scale as a
specialized transportation provider, exposure to competitive
industry dynamics, and very high financial leverage. Odyssey
maintains good standing as a provider of managed services,
intermodal, rail, ground transportation, warehousing, LTL
(less-than-truckload) and LCL (less-than-container-load)
consolidation services. The company provides these logistics
services to a diverse range of long-term customers across a variety
of end markets, including chemicals, metals, industrial and food
and beverage.
Despite providing critical transportation services to its
customers, the company's financial performance is highly exposed to
broader freight market dynamics that remain difficult. Excess
transportation capacity and soft volumes have sustained freight
rates at low levels, which has significantly reduced Odyssey's
earnings compared to prior years.
Moody's expects the company's net revenue growth (gross revenue
less transportation costs) to decline in the mid-single digit
percentage range for 2025 and for EBITDA to be materially lower
year over year as well. Moody's believes net revenue and earnings
growth will return in 2026 from improved pricing and realized cost
savings. Further, the company maintains solid commercial
opportunities to increase volumes, but Moody's don't anticipate a
meaningful recovery in earnings until broader freight market
conditions, particularly pricing, improve.
Moody's expects Odyssey to maintain adequate liquidity over the
next twelve months supported by a moderate cash position and access
to a $125 million revolving credit facility. Moody's anticipates
Odyssey's revolver to remain largely undrawn after the company used
proceeds from a sale leaseback transaction to repay borrowings
during 2025. Moody's expects the company's free cash flow to remain
modestly negative in 2025 as the company continues to invest in
software and other IT enhancements. Moody's expects Odyssey's free
cash flow to be about breakeven in 2026. The company faces sizeable
debt maturities within the next two years as the company's
revolving credit facility expires July 2027 and its first lien term
loan matures October 2027.
The stable outlook reflects Moody's views that Odyssey's earnings
will gradually recover over the next twelve months such that
debt/EBITDA approaches 7x. In addition, Moody's expects the company
to maintain adequate liquidity while free cash flow approaches
breakeven.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Odyssey eliminates near-term
refinancing risk by addressing its 2027 debt maturities. Further,
improving profitability such that debt/EBITDA is sustained below
6.5x while interest coverage (EBITDA less capex to interest
expense) remains above 1x could give rise to upward rating
pressure. Lastly, Odyssey would need to maintain adequate liquidity
with ample availability under its revolving credit facility.
The ratings could be downgraded if Odyssey is unable to improve
earnings and debt/EBITDA remains at an unsustainable level, thus
increasing the risk that the company may pursue a distressed debt
exchange. Further, a downgrade could occur if Odyssey's free cash
flow remains negative and liquidity weakens.
Odyssey Logistics & Technology Corporation is a provider of
multimodal logistics solutions for thousands of customers across a
variety of primarily industrial-based end markets. Its services
include managed services, intermodal, rail, ground transportation,
warehousing, LTL (less-than-truckload) and LCL (less-than-container
load) consolidation and consulting. Gross revenue for the twelve
months ended September 30, 2025 was approximately $1 billion.
The principal methodology used in these ratings was Surface
Transportation and Logistics published in April 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
OFFICE PROPERTIES: Hires Latham & Watkins as Bankruptcy Co-Counsel
------------------------------------------------------------------
Office Properties Income Trust and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to employ and retain Latham & Watkins LLP as bankruptcy co-counsel
effective as of the Petition Date.
Latham & Watkins will provide these services:
(a) advise the Debtors with respect to their powers and duties
as debtors in possession in the continued management and operation
of their properties;
(b) advise and consult on the conduct of the Chapter 11 Cases,
including all of the legal and administrative requirements of
operating in chapter 11;
(c) advise the Debtors and take all necessary action to
protect and preserve the Debtors' estates;
(d) analyze proofs of claim filed against the Debtors and
object to such claims as necessary;
(e) represent the Debtors in connection with obtaining
authority to continue using cash collateral and to procure
postpetition financing;
(f) attend meetings and negotiate with representatives of
creditors, interest holders, and other parties in interest;
(g) analyze executory contracts and unexpired leases and
potential assumptions, assignments, or rejections of such contracts
and leases;
(h) prepare pleadings in connection with the Chapter 11 Cases,
including motions, applications, answers, orders, reports, and
papers necessary or otherwise beneficial to the administration of
the Debtors' estates;
(i) advise the Debtors in connection with any potential sale
of assets;
(j) take necessary action on behalf of the Debtors to obtain
approval of a disclosure statement and confirmation of a chapter 11
plan;
(k) appear before the Court or any appellate courts to protect
the interests of the Debtors’ estates before those courts;
(l) advise on corporate, litigation, finance, tax, and other
legal matters; and
(m) perform all other necessary legal services for the Debtors
in connection with the Chapter 11 Cases.
During the 90-day period prior to the Petition Date, L&W received
advances totaling $12,584,223.39, with a remaining Fee Advance
balance of $1,110,008.27 as of the Petition Date. Other than
periodic adjustments and a postpetition 50% discount for
non-working travel time, L&W's hourly rates and terms are
consistent with prepetition arrangements.
According to court filings, L&W is a "disinterested person" within
the meaning of Section 101(14) of the Bankruptcy Code.
Pursuant to Paragraph D, Section 1 of the Revised U.S. Trustee
Guidelines, L&W responds as follows:
Question: Did L&W agree to any variations from, or alternatives to,
its standard or customary billing arrangements for this
engagement?
Answer: No. L&W and the Debtors have not agreed to any variations
from, or alternatives to, L&W's standard billing arrangements for
this engagement.
Question: Do any of the professionals included in this engagement
vary their rate based on the geographic location of the bankruptcy
case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments. If
they changed post-petition, explain.
Answer: All material financial terms have remained unchanged since
the prepetition period, except for a postpetition 50% discount for
non-working travel time.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: The Debtors have approved the budgeted expenses of L&W set
forth in the approved (13-week) budget appended to the Interim
Order…
The firm can be reached at:
John Sobolewski, Esq.
Latham & Watkins LLP
1271 Avenue of the Americas
New York, NY 10020-1401
Direct Dial: (212) 906-1876
Tel: (212) 906-1200
Fax: (212) 751-4864
E-mail: john.sobolewski@lw.com
About Office Properties Income (OPI)
Trust
Office Properties Income (OPI) Trust is a national REIT focused on
owning and leasing office properties to high-credit-quality tenants
in markets throughout the United States. OPI's property portfolio
consists of 124 wholly owned properties located in 29 states and
the District of Columbia, containing approximately 17.2 million
rentable square feet. As of June 30, 2025, approximately 59% of
OPI's revenues were from investment-grade-rated tenants. In 2024,
OPI was named an Energy Star(R) Partner of the Year for the
seventh
consecutive year. OPI is managed by The RMR Group (Nasdaq: RMR), a
leading U.S. alternative asset management company with
approximately $39 billion in assets under management as of
September 30, 2025, and more than 35 years of institutional
experience in buying, selling, financing, and operating commercial
real estate. OPI is headquartered in Newton, Massachusetts.
Office Properties Income Trust and 72 affiliates filed separate
petitions for Chapter 11 bankruptcy protection (Bankr. S.D. Texas
Lead Case No. 25-90530) on October 30, 2025, before the Hon.
Christopher M Lopez. As of Sept. 30, 2025, Office Properties Income
Trust has $3,501,385,950 in total assets and$2,501,583,119 in total
liabilities. The petitions were signed by John R. Castellano, their
chief restructuring officer.
Lawyers at Latham & Watkins LLP and Hunton Andrews Kurth LLP serve
as the Debtors' counsel. Moelis & Company serves as the Debtors'
investment banker and AlixPartners LLP as their restructuring
advisors. Kroll Restructuring Administration LLC serves as the
Debtors' claims, noticing & solicitation agent.
White & Case LLP represents an ad hoc group of noteholders holding
90% senior secured notes due in September 2029 with an aggregate
outstanding principal amount of $567,429,000.
Milbank LLP and Porter Hedges LLP represent an ad hoc group of
secured noteholders holding 3.25% senior secured notes due in
2027.
Paul, Weiss, Rifkind, Wharton & Garrison LLP and Munsch Hardt Kopf
& Harr, P.C. represent an ad hoc group of secured noteholders
holding (a) 90% senior secured notes due in March 2029; (b) 90%
senior secured notes due 2029; (c) 3.25% senior secured notes due
2027 and (d) a short position in OPI's common equity interests.
Acquiom Agency Services, LLC, is the DIP agent and is represented
by White & Case LLP.
OFFICE PROPERTIES: Retains AP Services as Restructuring Officer
---------------------------------------------------------------
Office Properties Income Trust and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to retain AP Services, LLC to serve as Chief Restructuring Officer
and provide restructuring services in their Chapter 11 cases.
APS will provide these services:
(a) assist the Debtors in the design and implementation of a
restructuring strategy designed to maximize enterprise value,
taking into account the unique interests of all constituencies;
(b) assist the Debtors with their communications and/or
negotiations with outside parties including the Debtors'
stakeholders, banks and potential acquirers of the Debtors' assets
and advisors to the foregoing;
(c) assist in preparing for and filing a bankruptcy petition,
preparing first day motions, developing accounting cut-off
procedures, providing first day and other testimony and litigation
support during the case(s), if requested, coordinating and
providing administrative support for the proceeding and developing
the Debtors' disclosure statement and plan of reorganization, or
other appropriate case resolution, if necessary;
(d) meet with lenders, unsecured creditors' committee and other
statutory or unofficial committees, if any, in connection with any
bankruptcy filing, as necessary, to provide general process updates
and other information as may be requested by the Debtors;
(e) assist the Debtors with the development, review and analysis
of its rolling 13-week cash receipts and disbursements
forecasting;
(f) provide assistance to management in connection with the
Debtors' business plan and other forecasts as required;
(g) support the Debtors' financial and treasury functions;
(h) advise the Debtors on financial reporting requirements
attendant to a bankruptcy filing;
(i) assist with preparation of documents such as a liquidation
analysis, statements of financial affairs, schedules of assets and
liabilities, potential preference analyses, claims analyses,
monthly operating reports and other Court-required reports;
(j) manage the claims and claims reconciliation processes;
(k) support eDiscovery obligations including forensic data
acquisition, data processing, secure data hosting, review and
analysis, productions, and other eDiscovery needs;
(l) provide post-confirmation services as may be necessary to
support the Chapter 11 plan and emergence; and
(m) assist the Debtors with other matters within APS’s expertise
as mutually agreed.
APS's standard hourly rates are:
$1,225 - $1,540 for Partners/Managing Directors
$850 - $1,150 for Senior Vice Presidents/Directors
$650 - $835 for Vice Presidents/Analysts/Consultants
$250 - $640 for other staff.
Specific hourly rates for APS personnel on this engagement range
from $685 to $1,540. APS received a retainer of $400,000 and prior
prepetition payments of $8,213,715.78.
APS, including John R. Castellano, is a "disinterested person:
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
John R. Castellano
Partner & Managing Director
AP Services, LLC
2000 Town Center, Suite 2400
Southfield, MI 48075
About Office Properties Income (OPI) Trust
Office Properties Income (OPI) Trust is a national REIT focused on
owning and leasing office properties to high-credit-quality tenants
in markets throughout the United States. OPI's property portfolio
consists of 124 wholly owned properties located in 29 states and
the District of Columbia, containing approximately 17.2 million
rentable square feet. As of June 30, 2025, approximately 59% of
OPI's revenues were from investment-grade-rated tenants. In 2024,
OPI was named an Energy Star(R) Partner of the Year for the
seventh
consecutive year. OPI is managed by The RMR Group (Nasdaq: RMR), a
leading U.S. alternative asset management company with
approximately $39 billion in assets under management as of
September 30, 2025, and more than 35 years of institutional
experience in buying, selling, financing, and operating commercial
real estate. OPI is headquartered in Newton, Massachusetts.
Office Properties Income Trust and 72 affiliates filed separate
petitions for Chapter 11 bankruptcy protection (Bankr. S.D. Texas
Lead Case No. 25-90530) on October 30, 2025, before the Hon.
Christopher M Lopez. As of Sept. 30, 2025, Office Properties Income
Trust has $3,501,385,950 in total assets and$2,501,583,119 in total
liabilities. The petitions were signed by John R. Castellano, their
chief restructuring officer.
Lawyers at Latham & Watkins LLP and Hunton Andrews Kurth LLP serve
as the Debtors' counsel. Moelis & Company serves as the Debtors'
investment banker and AlixPartners LLP as their restructuring
advisors. Kroll Restructuring Administration LLC serves as the
Debtors' claims, noticing & solicitation agent.
White & Case LLP represents an ad hoc group of noteholders holding
90% senior secured notes due in September 2029 with an aggregate
outstanding principal amount of $567,429,000.
Milbank LLP and Porter Hedges LLP represent an ad hoc group of
secured noteholders holding 3.25% senior secured notes due in
2027.
Paul, Weiss, Rifkind, Wharton & Garrison LLP and Munsch Hardt Kopf
& Harr, P.C. represent an ad hoc group of secured noteholders
holding (a) 90% senior secured notes due in March 2029; (b) 90%
senior secured notes due 2029; (c) 3.25% senior secured notes due
2027 and (d) a short position in OPI's common equity interests.
Acquiom Agency Services, LLC, is the DIP agent and is represented
by White & Case LLP.
OFFICE PROPERTIES: Retains Quinn Emanuel Urquhart as Counsel
------------------------------------------------------------
Office Properties Income Trust seeks approval from the U.S.
Bankruptcy Court for the Southern District of Texas to retain Quinn
Emanuel Urquhart & Sullivan, LLP to serve as special counsel.
Quinn Emanuel will provide these services:
(a) conduct an independent investigation and review of historical
transactions entered into by OPI and its subsidiaries between
January 2024 and March 2025;
(b) identify, analyze, and evaluate potential claims and causes of
action that OPI may possess;
(c) review related-party transactions and agreements with The RMR
Group LLC, including management fee arrangements and potential
conflicts of interest;
(d) prepare comprehensive investigative reports and findings for
the Special Committee, including an independent report to be shared
solely with the Independent Director;
(e) provide legal advice regarding the prosecution, settlement, or
release of potential claims in connection with OPI's restructuring
and plan of reorganization;
(f) prepare declarations, testimony, and supporting documentation
for confirmation proceedings; and
(g) provide such other legal services as may be necessary or
appropriate for the Special Committee in these Chapter 11 cases.
Quinn Emanuel will receive compensation on an hourly basis plus
reimbursement of actual and necessary expenses, subject to Court
approval. Fees are determined based on time billed at hourly rates,
which vary with the experience and seniority of attorneys and
paralegals.
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 or customary 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.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: Quinn Emanuel was retained approximately 2 months before
the bankruptcy filings. Quinn Emanuel’s rates and material
financial terms did not change post-petition.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: Neither OPI nor the Special Committee has requested a
budget and staffing plan for this engagement.
The firm can be reached at:
Quinn Emanuel Urquhart & Sullivan, LLP
Trial Lawyers
St Madison Avenue, 22nd Floor
New York, NY 10010-100
Telephone: (212) 849-7000
Facsimile: (212) 849-7100
About Office Properties Income (OPI)
Trust
Office Properties Income (OPI) Trust is a national REIT focused on
owning and leasing office properties to high-credit-quality tenants
in markets throughout the United States. OPI's property portfolio
consists of 124 wholly owned properties located in 29 states and
the District of Columbia, containing approximately 17.2 million
rentable square feet. As of June 30, 2025, approximately 59% of
OPI's revenues were from investment-grade-rated tenants. In 2024,
OPI was named an Energy Star(R) Partner of the Year for the
seventh
consecutive year. OPI is managed by The RMR Group (Nasdaq: RMR), a
leading U.S. alternative asset management company with
approximately $39 billion in assets under management as of
September 30, 2025, and more than 35 years of institutional
experience in buying, selling, financing, and operating commercial
real estate. OPI is headquartered in Newton, Massachusetts.
Office Properties Income Trust and 72 affiliates filed separate
petitions for Chapter 11 bankruptcy protection (Bankr. S.D. Texas
Lead Case No. 25-90530) on October 30, 2025, before the Hon.
Christopher M Lopez. As of Sept. 30, 2025, Office Properties Income
Trust has $3,501,385,950 in total assets and $2,501,583,119 in
total liabilities. The petitions were signed by John R. Castellano,
their chief restructuring officer.
Lawyers at Latham & Watkins LLP and Hunton Andrews Kurth LLP serve
as the Debtors' counsel. Moelis & Company serves as the Debtors'
investment banker and AlixPartners LLP as their restructuring
advisors. Kroll Restructuring Administration LLC serves as the
Debtors' claims, noticing & solicitation agent.
White & Case LLP represents an ad hoc group of noteholders holding
90% senior secured notes due in September 2029 with an aggregate
outstanding principal amount of $567,429,000.
Milbank LLP and Porter Hedges LLP represent an ad hoc group of
secured noteholders holding 3.25% senior secured notes due in
2027.
Paul, Weiss, Rifkind, Wharton & Garrison LLP and Munsch Hardt Kopf
& Harr, P.C. represent an ad hoc group of secured noteholders
holding (a) 90% senior secured notes due in March 2029; (b) 90%
senior secured notes due 2029; (c) 3.25% senior secured notes due
2027 and (d) a short position in OPI's common equity interests.
Acquiom Agency Services, LLC, is the DIP agent and is represented
by White & Case LLP.
OFFICE PROPERTIES: Retains Sullivan & Worcester as Special Counsel
------------------------------------------------------------------
Office Properties Income Trust and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to hire Sullivan & Worcester LLP to serve as special corporate,
real estate, and tax counsel in its Chapter 11 cases.
Sullivan & Worcester LLP will provide these services:
(a) Corporate and securities law matters, including securities
offerings and reviewing and preparing filings with the SEC;
(b) Board and committee representation;
(c) General corporate structuring and related matters,
including maintaining the minute books of Debtors;
(d) Federal and state income, sales, and transfer tax matters
generally, including periodic reviews of the Debtors' assets,
income, and operations;
(e) REIT planning and compliance issues for as long as OPI
desires to continue to qualify for taxation as a REIT;
(f) Acquisition, disposition and financing of real property;
and
(g) Leasing of real property.
Sullivan's current hourly rates are $680 to $2,175 for partners,
$510 to $830 for associates, and $310 to $560 for
paraprofessionals. The Firm has agreed to provide a 10% discount on
invoices at the time of billing.
According to court filings, Sullivan does not represent or hold any
interest adverse to the Debtors and does not represent any creditor
or party in interest in any matter adverse to the Debtors regarding
the Special Counsel Matters.
Pursuant to paragraph D, section 1 of the Revised U.S. Trustee
Guidelines, Sullivan responds as follows:
Question: Did Sullivan agree to any variations from, or
alternatives to, its standard or customary billing arrangements for
this engagement?
Answer: Yes. Sullivan has agreed to provide a 10% discount on its
invoices as of the time of billing for this engagement, a variation
from its standard billing arrangements.
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 used by Sullivan in representing the
Debtors are consistent with the rates that Sullivan charges other
comparable chapter 11 clients, regardless of the location of the
chapter 11 case.
Question: If Sullivan represented the Debtors in the 12 months
prepetition, disclose the billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If billing rates and material
financial terms have changed postpetition, explain the difference
and the reasons for the difference.
Answer: Sullivan's 2024 billing rates were $485 to $2,050 for
attorneys and $300 to $535 for paralegals, and in 2025, Sullivan's
billing rate ranges were increased to $510 to $2,175 for attorneys
and $310 to $560 for paralegals. Sullivan has provided and will
continue to provide a monthly 10% discount to the Debtors off of
standard rates.
Question: Has the client approved Sullivan's prospective budget and
staffing plan, and, if so, for what budget period?
Answer: Yes, from the Petition Date through the conclusion of the
Chapter 11 Cases.
The firm can be reached at:
Warren M. Heilbronner, Esq.
SULLIVAN & WORCESTER LLP
One Post Office Square
Boston, MA 02109
Telephone: (617) 338-2800
Facsimile: (617) 338-2880
E-mail: wheilbronner@sullivanlaw.com
About Office Properties Income (OPI)
Trust
Office Properties Income (OPI) Trust is a national REIT focused on
owning and leasing office properties to high-credit-quality tenants
in markets throughout the United States. OPI's property portfolio
consists of 124 wholly owned properties located in 29 states and
the District of Columbia, containing approximately 17.2 million
rentable square feet. As of June 30, 2025, approximately 59% of
OPI's revenues were from investment-grade-rated tenants. In 2024,
OPI was named an Energy Star(R) Partner of the Year for the
seventh
consecutive year. OPI is managed by The RMR Group (Nasdaq: RMR), a
leading U.S. alternative asset management company with
approximately $39 billion in assets under management as of
September 30, 2025, and more than 35 years of institutional
experience in buying, selling, financing, and operating commercial
real estate. OPI is headquartered in Newton, Massachusetts.
Office Properties Income Trust and 72 affiliates filed separate
petitions for Chapter 11 bankruptcy protection (Bankr. S.D. Texas
Lead Case No. 25-90530) on October 30, 2025, before the Hon.
Christopher M Lopez. As of Sept. 30, 2025, Office Properties Income
Trust has $3,501,385,950 in total assets and $2,501,583,119 in
total liabilities. The petitions were signed by John R. Castellano,
their chief restructuring officer.
Lawyers at Latham & Watkins LLP and Hunton Andrews Kurth LLP serve
as the Debtors' counsel. Moelis & Company serves as the Debtors'
investment banker and AlixPartners LLP as their restructuring
advisors. Kroll Restructuring Administration LLC serves as the
Debtors' claims, noticing & solicitation agent.
White & Case LLP represents an ad hoc group of noteholders holding
90% senior secured notes due in September 2029 with an aggregate
outstanding principal amount of $567,429,000.
Milbank LLP and Porter Hedges LLP represent an ad hoc group of
secured noteholders holding 3.25% senior secured notes due in
2027.
Paul, Weiss, Rifkind, Wharton & Garrison LLP and Munsch Hardt Kopf
& Harr, P.C. represent an ad hoc group of secured noteholders
holding (a) 90% senior secured notes due in March 2029; (b) 90%
senior secured notes due 2029; (c) 3.25% senior secured notes due
2027 and (d) a short position in OPI's common equity interests.
Acquiom Agency Services, LLC, is the DIP agent and is represented
by White & Case LLP.
OFFICE PROPERTIES: Taps Hunton Andrews Kurth LLP as Co-Counsel
--------------------------------------------------------------
Office Properties Income Trust and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to hire Hunton Andrews Kurth LLP to serve as bankruptcy
co-counsel.
Hunton Andrews will provide these services:
(a) advise the Debtors with respect to their powers and duties
as debtors in possession in the continued management and operation
of their business;
(b) advise and consult on the conduct of the Chapter 11 Cases,
including all legal and administrative requirements of operating in
chapter 11;
(c) attend meetings and negotiate with representatives of
creditors and other parties in interest;
(d) take all necessary actions to protect and preserve the
Debtors' estates;
(e) prepare pleadings in connection with the Chapter 11 Cases,
including motions, applications, answers, draft orders, reports,
and other documents necessary or otherwise beneficial to the
administration of the Debtors' estates;
(f) represent the Debtors in connection with obtaining authority
to use cash collateral and postpetition financing;
(g) appear before the Court and any appellate courts to
represent the interests of the Debtors' estates;
(h) take any necessary actions on behalf of the Debtors to
negotiate, prepare and obtain approval of a disclosure statement
and confirmation of a chapter 11 plan of reorganization and all
related documents;
(i) advise the Debtors in connection with any sale of assets;
(j) provide non-bankruptcy services to the Debtors to the extent
requested;
(k) provide commercial real estate legal services to the Debtors
to the extent requested; and
(l) perform all other necessary legal services for the Debtors
in connection with the Chapter 11 Cases, including analysis of
leases and executory contracts, validity of liens, corporate and
litigation matters.
Hunton will be paid hourly rates for professional services
rendered, ranging from $690 to $1,695 depending on attorney and
experience level, and will be reimbursed for actual out-of-pocket
expenses.
Hunton 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 U.S. Trustee Guidelines,
Hunton responds to the questions set forth therein as follows:
Question: Did you agree to any variations from, or alternatives to,
your standard or customary billing arrangements for this
engagement?
Answer: 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.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: Hunton's billing rates and material financial terms for the
prepetition engagement are set forth in the Engagement Letter and
have not changed postpetition.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: Hunton has not prepared a budget or staffing plan.
The firm can be reached at:
Timothy A. Davidson II, Esq.
Hunton Andrews Kurth LLP
600 Travis Street, Suite 4200
Houston, TX 77002
Telephone: (713) 220-4200
Facsimile: (713) 220-4285
Direct Dial: 713-220-3810
E-mail: taddavidson@hunton.com
About Office Properties Income
(OPI) Trust
Office Properties Income (OPI) Trust is a national REIT focused on
owning and leasing office properties to high-credit-quality tenants
in markets throughout the United States. OPI's property portfolio
consists of 124 wholly owned properties located in 29 states and
the District of Columbia, containing approximately 17.2 million
rentable square feet. As of June 30, 2025, approximately 59% of
OPI's revenues were from investment-grade-rated tenants. In 2024,
OPI was named an Energy Star(R) Partner of the Year for the
seventh
consecutive year. OPI is managed by The RMR Group (Nasdaq: RMR), a
leading U.S. alternative asset management company with
approximately $39 billion in assets under management as of
September 30, 2025, and more than 35 years of institutional
experience in buying, selling, financing, and operating commercial
real estate. OPI is headquartered in Newton, Massachusetts.
Office Properties Income Trust and 72 affiliates filed separate
petitions for Chapter 11 bankruptcy protection (Bankr. S.D. Texas
Lead Case No. 25-90530) on October 30, 2025, before the Hon.
Christopher M Lopez. As of Sept. 30, 2025, Office Properties Income
Trust has $3,501,385,950 in total assets and$2,501,583,119 in total
liabilities. The petitions were signed by John R. Castellano, their
chief restructuring officer.
Lawyers at Latham & Watkins LLP and Hunton Andrews Kurth LLP serve
as the Debtors' counsel. Moelis & Company serves as the Debtors'
investment banker and AlixPartners LLP as their restructuring
advisors. Kroll Restructuring Administration LLC serves as the
Debtors' claims, noticing & solicitation agent.
White & Case LLP represents an ad hoc group of noteholders holding
90% senior secured notes due in September 2029 with an aggregate
outstanding principal amount of $567,429,000.
Milbank LLP and Porter Hedges LLP represent an ad hoc group of
secured noteholders holding 3.25% senior secured notes due in
2027.
Paul, Weiss, Rifkind, Wharton & Garrison LLP and Munsch Hardt Kopf
& Harr, P.C. represent an ad hoc group of secured noteholders
holding (a) 90% senior secured notes due in March 2029; (b) 90%
senior secured notes due 2029; (c) 3.25% senior secured notes due
2027 and (d) a short position in OPI's common equity interests.
Acquiom Agency Services, LLC, is the DIP agent and is represented
by White & Case LLP.
OLD FASHION: Seeks to Use Cash Collateral
-----------------------------------------
Old Fashioned Butcher Shop Inc. and Star Natural Meats LLC 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, who operate a traditional butcher shop and all-natural
meat manufacturing business in Astoria, Queens, explain that they
are seeking court approval to use cash collateral following their
November 10, 2025 Chapter 11 filings. The Court has jurisdiction
under federal bankruptcy statutes, and no trustee, examiner, or
creditors' committee has been appointed.
The Debtors' capital structure includes secured obligations to Key
Bank, the SBA, and Key Equipment, each holding perfected security
interests through UCC-1 filings on the Debtors' business assets.
Key Bank is owed at least $250,000, the SBA at least $300,000, and
the Debtors owe an undetermined amount to Key Equipment. Because
their operations require ongoing payment of payroll, utilities,
insurance, vendor obligations, and other essential costs, the
Debtors seek interim and final authorization to use cash collateral
under 11 U.S.C. sections 105, 361, 362, and 363.
They argue that using cash collateral is critical to preserving
business continuity and preventing immediate and irreparable harm.
The Debtors propose providing adequate protection to secured
creditors through interest-only payments, replacement liens
maintaining prepetition lien priorities, and superpriority
administrative claims for any diminution in collateral value. They
are preparing a 13-week budget and request authority to use cash
collateral until the final hearing, along with a limited
modification of the automatic stay to perfect granted liens.
The Debtors further request that, after the required notice period
under Rule 4001(b), the court authorize continued use of cash
collateral on a final basis to fund operations and administrative
expenses, warning that denial of such relief would jeopardize
payroll, destroy business value, and undermine any chance of
reorganization.
A copy of the motion is available at https://urlcurt.com/u?l=ruP3MT
from PacerMonitor.com.
About Old Fashion Butcher Shop
Inc.
Old Fashion Butcher Shop, Inc. operates a butcher shop in Astoria,
New York, providing a range of fresh and dry-aged meats as well as
Greek and Italian specialty products such as souvlaki and kebabs.
It serves both retail and wholesale customers, focusing on
all-natural, hormone-free meat offerings. The company conducts its
operations from a single location on Steinway Street in Queens.
Old Fashion Butcher Shop filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. E.D.N.Y. Case No.
25-45384) on November 10, 2025, listing between $100,000 and
$500,000 in assets and between $1 million and $10 million in
liabilities. Yanni Kukularis, president of Old Fashion Butcher
Shop, signed the petition.
Robert L. Rattet, Esq., at Davidoff Hutcher & Citron, LLP
represents the Debtor as legal counsel.
OLD STONE: Unsecured Creditors to Split $180K over 60 Months
------------------------------------------------------------
Old Stone House Gift & Garden, LLC filed with the U.S. Bankruptcy
Court for the District of Nevada a Plan of Reorganization for Small
Business dated November 25, 2025.
The is a Nevada limited liability company, formed in 2011. The
Debtor owns and operates a garden center and nursery in Reno,
Nevada, and sells an assortment of live plants, soil, flowers and
trees.
In approximately June 2025, 2025, the Regional Transportation
Commission for Washoe County commenced a construction project on
Geiger Grade and the surrounding roads, including Veteran's
Parkway. This construction project has caused the Debtor's sales to
diminish due to road closures, heavy traffic and construction
detours, with the detours directing the public to take alternative
routes away from Geiger Grade Road, where the Debtor's business is
located.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $3,000.00 per month. The
final Plan payment is expected to be paid in February 2031.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately $0.33 cents on the dollar. This Plan also provides
for the payment of administrative and priority claims.
Class 3 consists of Non-priority General Unsecured Creditors. Each
holder of a Class 3 Allowed general unsecured, non-priority claim
shall receive its pro rata share of the sum of $180,000.00 which
shall be paid in installments of $3,000.00 starting in Month 1
after the Effective Date, and continuing each and every month
thereafter (for a total of sixty monthly payments) until that total
sum is paid, or such greater amount as the Court may require at the
confirmation hearing on the Plan and as consistent with Sections
1190 and 1191 of the Code. Class 3 is impaired.
Class 4 Equity Security Holders of the Debtor shall retain their
interests in the Debtor, but shall receive no disbursement on
account of such equity interest during the Plan Term. Class 4 is
unimpaired and is deemed to have accepted the Plan.
The Plan will be funded through cash flow from future operations of
the Debtor's business, Debtor's projected budgets are based on
historical financials and projected future revenues.
A full-text copy of the Plan of Reorganization dated November 25,
2025 is available at https://urlcurt.com/u?l=jEUqGC from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Stephen R. Harris, Esq.
Harris Law Practice LLC
850 E. Patriot Blvd., Suite F
Reno, NE 89511
Tel: (775) 786-7600
Fax: (775) 786-7764
Cell: (775) 690-9120
Email: steve@harrislawreno.com
About Old Stone House Gift & Garden
Old Stone House Gift & Garden, LLC owns and operates a garden
center and nursery in Reno, Nevada.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. Nev. Case No. 25-50787) on August 27,
2025, with $100,001 to $500,000 in assets and liabilities.
Judge Hilary L. Barnes presides over the case.
Stephen R. Harris, Esq., at Harris Law Practice, LLC represents the
Debtor as bankruptcy counsel.
OLIVER CORNERS: Files Emergency Bid to Use Cash Collateral
----------------------------------------------------------
Oliver Corners Apartments, LLC asks the U.S. Bankruptcy Court for
the Northern District of Georgia, Atlanta Division, for authority
to use cash collateral and provide adequate protection.
The Debtor needs to use cash collateral to maintain ongoing
operations of its 29-unit apartment complex located in East Point,
Georgia.
After filing for Chapter 11 protection on October 6, Oliver has
continued to manage the property as a debtor-in-possession, with no
trustee, examiner, or creditors' committee appointed. The Debtor is
solely owned by Olivia Chevannes, who, along with her husband,
operates the complex and also owns two related apartment entities
financed by the same secured lender.
Prior to the bankruptcy filing, the Debtor had been negotiating a
forbearance agreement with its lender but received a foreclosure
notice before the agreement was finalized, prompting the Chapter 11
filing to preserve equity estimated at approximately $4.64 million
and to reorganize secured debt. As of November, 19 of the 29 units
are occupied, with anticipated increased occupancy in December.
Although a related insider entity, OC Management, LLC, manages the
property, the Debtor represents that no management fees or insider
salaries will be paid post-petition.
The Debtor identifies KeyBank National Association, as servicer for
a securitized trust, as its secured lender, which claims a lien on
rental income under a 2022 Deed to Secure Debt and Assignment of
Rents securing a debt of roughly $3.56 million. Because rents
constitute cash collateral under the Bankruptcy Code, the Debtor
seeks authorization to use this cash to pay necessary operating and
administrative expenses in accordance with a budget covering
November and December.
The Debtor argues that without immediate access to cash collateral,
it would suffer irreparable harm, including an inability to
maintain the property, preserve occupancy, or protect asset value.
As adequate protection, the Debtor proposes to grant the lender a
replacement lien on post-petition collateral of the same type and
priority as its pre-petition liens, expressly excluding
avoidance-action proceeds. The Debtor also asks the court to
schedule and later conduct a final hearing on cash collateral use,
at which additional protections may be addressed. At the same time,
the Debtor reserves all rights to dispute the lender's secured
status and the validity or extent of its liens.
A copy of the motion is available at https://urlcurt.com/u?l=LJkvrv
from PacerMonitor.com.
KeyBank is represented by:
Gwendolyn J. Godfrey, Esq.
One Atlantic Center, #1100
1201 W. Peachtree St., N.W.
Atlanta, GA 30309
(404) 253-6000
ggodfrey@polsinelli.com
About Oliver Corners Apartments LLC
Oliver Corners Apartments, LLC, filed a Chapter 11 bankruptcy
petition (Bankr. N.D. Ga. Case No. 25-61617) on Oct. 6, 2025,
listing up to $50,000 in assets and between $1 million and $10
million in liabilities.
Judge Sage M. Sigler oversees the case.
The Debtor tapped Rountree, Leitman, Klein & Geer, LLC as legal
counsel.
OMNICARE LLC: Committee Hires Dundon Advisers as Financial Advisor
------------------------------------------------------------------
The official committee of unsecured creditors of Omnicare, LLC and
its affiliates seeks approval from the U.S. Bankruptcy Court for
the Northern District of Texas to employ Dundon Advisers LLC as
financial advisor.
The firm's services include:
a) Assistance in the review of financial-related disclosures
required by the Court, including the Schedules of Assets and
Liabilities, the Statement of Financial Affairs, and Monthly
Operating Reports;
b) Assistance in the review and monitoring of the Debtors' cash
management systems, including, without limitation, activities by
non-Debtors authorized by the cash management order;
c) Assistance in the review and monitoring of the Debtors'
insurance programs;
d) Assistance with review of any tax issues;
e) Assistance in the claims solicitation, Bar Date order,
reconciliation and estimation process;
f) Attendance at meetings and assistance in discussions with the
Debtors, potential investors, banks, other secured lenders, the
Committee and any other official committees organized in these
chapter 11 proceedings, the U.S. Trustee, other parties-in-interest
and professionals hired by the same, as requested;
g) Assistance in the review of compensation and management fee
arrangements and payments made thereunder, related party
transactions, and other management conduct from which causes of
action may arise;
h) Assistance in the investigation of the relationship between
the Debtors, on the one-hand, and CVS Corporation and its
non-Debtor subsidiaries, on the other hand;
i) Assistance in the evaluation and analysis of avoidance
actions, including fraudulent conveyances and preferential
transfers and any required solvency analysis related thereto;
j) Assistance in the prosecution of Committee
responses/objections to the Debtors' motions, including attendance
at depositions and provision of expert reports/testimony on case
issues as required by the Committee;
k) Render such other general business consulting or such other
assistance as the Committee or its counsel may deem necessary that
are consistent with the role of a financial adviser and not
duplicative of services provided by other professionals in this
proceeding; and
l) Provide reports and testimony regarding the foregoing to the
extent necessary.
The firm will be paid at these rates:
Principals $1,090 per hour
Managing Directors/Senior Advisers $960 per hour
Senior Directors $850 per hour
Directors $755 per hour
Associate Directors $650 per hour
Senior Associates $495 per hour
Associates $350 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Matthew Dundon, a partner at Dundon Advisers LLC, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Matthew Dundon
Dundon Advisers LLC
1601 Belvedere Rd., Ste. 305 S
West Palm Beach, FL 33406
Telephone: (561) 814-8303
About Omnicare, LLC
Omnicare, LLC is a subsidiary of CVS Health that provides
comprehensive pharmacy services.
Omnicare and affiliates sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Lead Case No. 25-80486). In its
petition, Omnicare reported estimated assets between $100 million
and $500 million and estimated liabilities between $1 billion and
$10 billion.
Judge Stacey G. Jernigan oversees the cases.
The Debtors tapped Jenner & Block, LLP and Haynes Boone as legal
counsel; Houlihan Lokey as investment banker; Alvarez & Marsal as
restructuring advisor; and Stretto, Inc. as claims agent.
The U.S. Trustee has appointed an official committee of unsecured
creditors.
JMB Capital Partners, as DIP lender, is represented by:
Robert M. Hirsh, Esq.
Kristian W. Gluck, Esq.
Jamie Copeland, Esq.
Norton Rose Fulbright US LLP
1301 Avenue of the Americas
New York, NY 10019-6022
E-mail: robert.hirsh@nortonrosefulbright.com
kristian.gluck@nortonrosefulbright.com
james.copeland@nortonrosefulbright.com
OMNICARE LLC: Committee Hires Vartabedian Hester as Co-Counsel
--------------------------------------------------------------
The official committee of unsecured creditors of Omnicare, LLC and
its affiliates seeks approval from the U.S. Bankruptcy Court for
the Northern District of Texas to employ Vartabedian Hester &
Haynes LLP as co-counsel.
The firm will provide these services:
i. advise the Committee with respect to its rights, duties, and
powers in these Chapter 11 Cases;
ii. assist and advise the Committee in its consultations with
the Debtors relative to the administration of these Chapter 11
Cases;
iii. assist the Committee in analyzing the claims of the
Debtors' creditors and Debtors' capital structure;
iv. assist the Committee in its investigation of the acts,
conduct, assets, liabilities, and financial condition of the
Debtors, and their insiders and affiliates, and of the operations
of the Debtors' business;
v. assist the Committee in its investigation of the liens and
claims of the Debtors' lenders and the prosecution of any claims or
causes of action revealed by such investigation;
vi. assist the Committee in its analysis of, and negotiations
with, the Debtors or any third-party concerning matters related to,
among other things, asset dispositions, financing or other
transactions, and the terms of one or more plans of reorganization
for the Debtors and accompanying disclosure statements and related
plan documents;
vii. assist and advise the Committee in communicating with
unsecured creditors regarding significant matters in these Chapter
11 Cases;
viii. represent the Committee at hearings and other
proceedings;
ix. review and analyze applications, orders, statements of
operations, and schedules filed with the Court, and advise the
Committee as to their propriety;
x. assist the Committee in preparing pleadings and applications
as may be necessary in furtherance of the Committee's interests and
objectives;
xi. prepare, on behalf of the Committee, any pleadings,
including without limitation, motions, memoranda, complaints,
adversary complaints, objections or comments in connection with any
of the foregoing; and
xii. perform such other legal services as may be required or
requested or as may otherwise be deemed in the interests of the
Committee in accordance with the Committee's powers and duties as
set forth in the Bankruptcy Code, Bankruptcy Rules, or other
applicable law.
The firm will be paid at these rates:
Martin Sosland $1,050 per hour
Jeff P. Prostok $975 per hour
Other Firm Attorneys $475 to $890 per hour
Paralegal/Legal Assistant $225 to $275 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The following is provided in response to the request for additional
information set forth in Paragraph D.1. of the U.S. Trustee
Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Response: No.
Question: If you represented the client in the twelve (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 postpetition, explain the
difference and the reasons for the difference.
Response: The firm did not represent the Committee before being
selected as its counsel on October 21, 2025. The firm's billing
rates have not changed since the Petition Date.
Mr. Prostok disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Martin A. Sosland, Esq.
Jeff P. Prostok, Esq.
Candice Carson, Esq.
Vartabedian Hester & Haynes LLP
2200 Ross Avenue, Suite 4600E
Dallas, TX 75201
Telephone: (469) 654-1340
Email: martin.sosland@vhh.law
jeff.prostok@vhh.law
candice.carson@vhh.law
About Omnicare, LLC
Omnicare, LLC is a subsidiary of CVS Health that provides
comprehensive pharmacy services.
Omnicare and affiliates sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Lead Case No. 25-80486). In its
petition, Omnicare reported estimated assets between $100 million
and $500 million and estimated liabilities between $1 billion and
$10 billion.
Judge Stacey G. Jernigan oversees the cases.
The Debtors tapped Jenner & Block, LLP and Haynes Boone as legal
counsel; Houlihan Lokey as investment banker; Alvarez & Marsal as
restructuring advisor; and Stretto, Inc. as claims agent.
The U.S. Trustee has appointed an official committee of unsecured
creditors.
JMB Capital Partners, as DIP lender, is represented by:
Robert M. Hirsh, Esq.
Kristian W. Gluck, Esq.
Jamie Copeland, Esq.
Norton Rose Fulbright US LLP
1301 Avenue of the Americas
New York, NY 10019-6022
E-mail: robert.hirsh@nortonrosefulbright.com
kristian.gluck@nortonrosefulbright.com
james.copeland@nortonrosefulbright.com
OMNICARE LLC: Committee Taps Huron Consulting as Financial Advisor
------------------------------------------------------------------
The official committee of unsecured creditors of Omnicare, LLC and
its affiliates seeks approval from the U.S. Bankruptcy Court for
the Northern District of Texas to employ Huron Consulting Services
LLC as financial advisor.
The firm's services include:
a. Assistance with the assessment and monitoring of the Debtors'
short-term cash flow, liquidity, and operating results as bears on
company or asset sale process(es) and reorganization;
b. Assistance in the review of other financial information
prepared by the Debtors, including, but not limited to, cash flow
projections and budgets, business plans, cash receipts and
disbursement analysis, asset and liability analysis as such review
is relevant to a company or asset sale process(es) and
reorganization;
c. Assistance in the review and/or preparation of information
and analysis necessary for the confirmation of a plan and related
disclosure statement in these chapter 11 proceedings, regarding
company or asset sale process(es) and reorganization;
d. Analyses to support any responses or objections to court
filings relating to the company or asset sale process(es) and
reorganization; Engage on behalf of the Committee with the Debtors
in their postpetition sale process;
e. Analyze any cost containment opportunities proposed by the
Debtors;
f. Analyze any proposed asset redeployment opportunities
proposed by the Debtors;
g. Assist in the evaluation of any proposed asset sales;
h. Prepare enterprise, asset, and liquidation valuations;
i. Assist in evaluating reorganization strategy and alternatives
available to the unsecured creditors as not duplicative with
Dundon;
j. Provide advice and assistance to the Committee in
negotiations and meetings with the Debtors and stakeholders as not
duplicative with Dundon;
k. Analyze proposed Investment Bank professional fees to ensure
they are comparable to recent market rates;
l. Analyze proposed DIP Financing terms and fees to ensure they
are comparable to recent market rates;
m. Attend meetings and teleconferences with and on behalf of the
Committee;
n. Provide litigation consulting services and expert witness
testimony regarding confirmation issues, or other matters, with the
scope of such services not to overlap with those provided by
Dundon; and
o. Such other functions as requested by the Committee or its
counsel to assist the Committee in these chapter 11 case that are
consistent with the role of a financial advisor and not duplicative
of services provided by other professionals in this proceeding.
The firm will be paid at these rates:
Managing Director $1,025 to $1,400 per hour
Senior Director $985 to $985 per hour
Director $825 to $825 per hour
Manager $675 to $675 per hour
Associate $550 to $550 per hour
Analyst $475 to $475 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Ryan Bouley, a partner at Huron Consulting Services LLC, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Ryan Bouley
Huron Consulting Services LLC
350 West Cedar Street, Suite 200
Pensacola, FL 32502
Tel: (850) 439-5839
Fax: (850) 439-5768
About Omnicare, LLC
Omnicare, LLC is a subsidiary of CVS Health that provides
comprehensive pharmacy services.
Omnicare and affiliates sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Lead Case No. 25-80486). In its
petition, Omnicare reported estimated assets between $100 million
and $500 million and estimated liabilities between $1 billion and
$10 billion.
Judge Stacey G. Jernigan oversees the cases.
The Debtors tapped Jenner & Block, LLP and Haynes Boone as legal
counsel; Houlihan Lokey as investment banker; Alvarez & Marsal as
restructuring advisor; and Stretto, Inc. as claims agent.
The U.S. Trustee has appointed an official committee of unsecured
creditors.
JMB Capital Partners, as DIP lender, is represented by:
Robert M. Hirsh, Esq.
Kristian W. Gluck, Esq.
Jamie Copeland, Esq.
Norton Rose Fulbright US LLP
1301 Avenue of the Americas
New York, NY 10019-6022
E-mail: robert.hirsh@nortonrosefulbright.com
kristian.gluck@nortonrosefulbright.com
james.copeland@nortonrosefulbright.com
OMNICARE LLC: Seeks to Hire KPMG LLP as Analyst
-----------------------------------------------
Omnicare, LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the Northern District of Texas to employ KPMG
LLP as analyst.
The firm's services include:
I. Meet with Debtors' officers and management to obtain
background information;
II. Read the Debtors' internal financial statements and discuss
their accounting policies and practices with management;
III. Obtain entity level trial balances for the Debtors and
discuss nature of accounts and underlying activity recorded to
general ledger accounts. Trend quarterly and annual trial balance
activity and discuss with management fluctuations and historical
trends identified;
IV. Obtain a summary of shared services / allocations and
discuss with Debtors' management;
V. Summarize potential adjustments identified regarding the
profit and loss performance of the Debtors in the form of a quality
of earnings analysis, summarizing the risks that may impact
earnings before interest, taxes, depreciation, and amortization
("EBITDA");
VI. Review materials outlining the Debtors' historical revenues
and gross margins;
VIII. Review of location level financial information and perform
inquiries;
VIII. Review the top three LTC facility customers by total
revenue;
IX. Perform revenue and margin analytics to the extent the
requested data is provided by drug for revenue, cost of goods sold,
rebates, discounts;
X. Review script level detail from the billing system for
billings and cash collections from January 1, 2023 through current
date, to the extent this information is produced from a single
Revenue Cycle Management ("RCM") system;
XI. Review analysis of the Debtors' expenses and perform
inquires;
XII. Review analysis of the Debtors' accounts receivable and
perform inquiries;
XIII. Review analysis of the Debtors' inventory and perform
inquiries;
XIV. Review analysis of the Debtors' fixed assets, capital
expenditures, and other assets and perform inquires;
XV. Review analysis of the Debtors' accounts payable and accrued
liabilities and perform inquiries;
XVI. Review analysis of historical monthly working capital
levels and discuss significant fluctuations with Debtors'
management including large or unusual items identified which may
have impacted normalized working capital levels;
XVII. Perform inquiries into significant commitments and
contingent liabilities;
XVIII. Perform inquiries into the Debtors' relationship with its
employees, including union contracts, pension and profit-sharing
plans, and employment contracts;
XIX. Perform inquiries into whether the Debtors have entered
into leases, sales and purchase commitments or contracts, or has
otherwise restricted the use of the Business's assets or has
incurred liabilities not yet disclosed. Perform inquiries into
change-in-control provisions in significant contracts, including
employment and union contracts, supply agreements, debt agreements,
and option, warrant, stockholder, preferred stock, and other
equity-related agreements.
The firm will be paid a fixed fee of $540,000 for the services
rendered.
Mr. Bell disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Brett G. Bell
KPMG LLP
Two Financial Center
60 South Street
Boston, MA 02111
Tel: (617) 988-1000
About Omnicare, LLC
Omnicare, LLC is a subsidiary of CVS Health that provides
comprehensive pharmacy services.
Omnicare and affiliates sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Lead Case No. 25-80486). In its
petition, Omnicare reported estimated assets between $100 million
and $500 million and estimated liabilities between $1 billion and
$10 billion.
Judge Stacey G. Jernigan oversees the cases.
The Debtors tapped Jenner & Block, LLP and Haynes Boone as legal
counsel; Houlihan Lokey as investment banker; Alvarez & Marsal as
restructuring advisor; and Stretto, Inc. as claims agent.
The U.S. Trustee has appointed an official committee of unsecured
creditors.
JMB Capital Partners, as DIP lender, is represented by:
Robert M. Hirsh, Esq.
Kristian W. Gluck, Esq.
Jamie Copeland, Esq.
Norton Rose Fulbright US LLP
1301 Avenue of the Americas
New York, NY 10019-6022
E-mail: robert.hirsh@nortonrosefulbright.com
kristian.gluck@nortonrosefulbright.com
james.copeland@nortonrosefulbright.com
ONTARIO GAMING: S&P Alters Outlook to Negative, Affirms 'B-' ICR
----------------------------------------------------------------
S&P Global Ratings affirmed the 'B-' issuer credit rating on
Ontario Gaming GTA L.P. (OTG). S&P also affirmed the 'B-'
issue-level rating on the senior secured debt, and the '3' recovery
rating is unchanged.
The negative outlook reflects the risks that against the backdrop
of weak macroeconomic situation, OTG (and in turn GCGC) might
continue to face further delays in ramping up and utilization of
its casino assets.
S&P said, "The outlook revision follows our negative outlook on
parent GCGC. GCGC's operating performance continues to trend below
our expectations because of ongoing lackluster performance,
particularly within its OTG subsidiary. and the ongoing adverse
impact of reversion Casino Operating and Service Agreement
contract." The company's revenues declined close to 12% relative to
the same period last year and EBITDA declined by almost 25%.
Macroeconomic softness and lower-than-expected visitations
continued to affect the company's 50% owned subsidiary OTG's gaming
revenues.
Separately, the adverse impact of East and West GTA COSA contract
reversions continue to reflect on GCGC's consolidated EBITDA more
prominently on an LTM basis as the company rolls off stronger
quarters from the previous year. As a result, S&P Global
Rating-adjusted debt to EBITDA for LTM ended September 2025
remained elevated at about 8.8x and FFO to cash interest coverage
deteriorated to 1.2x.
S&P said, "We expect GCGC's revenue and EBITDA could be pressured
through 2026 such that leverage will remain elevated and FFO cash
coverage measures could be below 1.5x. In addition, the company
announced asset sales that will meaningfully shrink its EBITDA and
geographic diversity. Even though the company plans to use the
proceeds for asset sales, we view the impact of leverage
improvement to be modest of about 0.5x."
OTG's operating performance remains soft. The company continues to
lag in utilization of its Toronto and Pickering casinos. Gaming
revenues have continued to decline for several quarters since
September 2024. Demand softness owing to weak consumer confidence
and lower-than-expected customer traffic, partly owing to limited
awareness, are the key factors that continue to result in softer
gaming revenues for the six-month period ended Sept. 30, 2025. As
such, gaming revenues decreased 6%.
Even though nongaming revenues grew 28%, it was not sufficient to
offset the declines in gaming, and therefore overall revenues
declined by 3%. At the same time, the company incurred higher
one-time costs (for example, artist fees) that were lumpy in nature
in order to boost its lower-margin nongaming (theater and hotel)
revenues. As a result, its EBITDA was close to 13% weaker relative
to the six months ended September 2024.
S&P said, "Based on our recent economic forecasts, we envision that
amid macroeconomic uncertainty, the adverse impact of trade
tensions, and rising unemployment rates could weaken any consumer's
resiliency in 2025 and limit spending growth in 2026. In addition,
extreme winter weather could also pressure the company,
particularly OTG's third- and fourth-quarter results. In order to
reflect these risks, we further revised our fiscal 2026 and fiscal
2027 EBITDA (ending March 2026 and 2027) downward by 12%-13%
relative to our previous forecast. We therefore estimate OTG's
leverage will remain elevated and FFO cash interest coverage will
remain at about 1.4x through fiscal 2027.
"OTG will become a meaningful contributor to GCGC's overall EBITDA
following asset sales. GCGC plans to divest its properties in
British Columbia. We believe this will not only meaningfully erode
GCGC's market position as the No. 1 gaming operator in British
Columbia but will also shrink its EBITDA scale as well as
geographic diversity. Pro forma the sale of the assets, we estimate
the Ontario bundles will constitute about 60% of GCGC's overall
combined EBITDA. Therefore, after the sale of the assets and absent
any amendments for the current COSA contract for the west and east
GTA assets, GCGC's performance will largely depend on OTG's
performance. This could result in greater EBITDA volatility should
the operating performance at OTG remain lackluster in the near
term. We may reassess OTG's strategically important status and
relationship within the GCGC group once the asset sales are
completed."
Management is implementing several targeted marketing and gaming
initiatives in order to boost visitations at OTG casinos. In the
past six months, management has put in place several targeted
marketing initiatives to attract general and high-value foot
traffic. The events are focused on VIP guests and include opening
of new VIP spaces at Great Canadian Toronto, hosting VIP dinners,
and slot tournaments. S&P believes these are necessary investments
to attract customer traffic and create awareness. These initiatives
may take longer to translate into gaming revenues, and until such
time, these additional costs could exacerbate pressure on OTG's
EBITDA.
S&P said, "We expect OTG will maintain a sufficient liquidity
cushion. Despite EBITDA softness, we expect OTG to continue to
generate positive free cash flow (after lease payments) of C$55
million-C$60 million. Furthermore, OTG has strong liquidity of
C$415 million, including cash on the balance sheet as of Sept 30,
2025, and an undrawn revolver. Hence, we believe OTG has sufficient
liquidity to manage through an uncertain macroenvironment over the
next 12 months.
"The negative outlook reflects the risks that against the backdrop
of weak macroeconomic situation, OTG (and in turn GCGC) might
continue to face further delays in ramping up and utilization of
its casino assets. It also reflects the possibility that we may
lower the ratings on OTG over the next 12 months if operating
performance continues to deteriorate such that we forecast OTG's
FFO to cash interest coverage measures weaken and its liquidity
cushion deteriorates such that we view the capital structure as
unsustainable."
S&P could lower its rating on OTG if S&P lowers its rating on GCGC
or OTG's stand-alone performance weakens. OTG's stand-alone credit
profile (SACP) could be pressured if:
-- S&P expects its EBITDA to further weaken such that FFO cash
interest approaches 1x;
-- The company's cash flow deteriorates to significant deficits
and liquidity weakens such that S&P views the capital structure as
unsustainable resulting from weaker macroeconomic conditions, or
Financial owners pursue aggressive debt-funded dividends, which
could increase debt on an already heavily debt-loaded balance
sheet.
S&P said, "We could revise the outlook on OTG if we revise the
outlook on parent GCGC, which depends on operating performance
recovering such that GCGC's FFO to cash interest coverage improves
over 1.5x on a sustained basis and we no longer view the capital
structure as unsustainable." Contributing factors to organic EBITDA
growth would be improvement in general consumer visitations as a
result of strengthening macroeconomic conditions.
ORIGINCLEAR INC: Reports $3.3 Million Net Loss in 2025 Q3
---------------------------------------------------------
OriginClear, Inc. filed with the U.S. Securities and Exchange
Commission its Quarterly Report on Form 10-Q reporting a net loss
for the three months ended September 30, 2025, of $3,332,820
compared with a net loss of $2,774,472 for the same period in 2024,
a change of $558,348. This also includes loss from discontinued
operations of $264,021 vs a loss of $271,166 in the prior period.
The change was driven by lower gross profit and swing in other
income (expense), including reduced derivative gains and the
absence of one-time favorable items recorded in the prior period.
Net loss for the nine months ended September 30, 2025, was
$11,617,118 compared with $16,329,231 for the same period in 2024,
an improvement of $4,712,113. The reduction in net loss was largely
due to lower total operating expenses and the swing in fair value
adjustments to derivative liabilities, partially offset by higher
cost of goods sold and interest expense.
Revenue for the three months ended September 30, 2025, was
$1,708,782, compared to $583,491 for the same period in 2024,
increased $1,125,291 (193%). The incline was primarily driven by
higher equipment contract revenue. Revenue for the nine months
ended September 30, 2025, was $4,055,252, compared to
$2,577,468 in 2024, an increase of $1,477,784 (57%). The increase
was driven by higher sales volumes in certain product lines.
As of September 30, 2025, OriginClear, Inc. had $2,745,525 in total
assets and $27,519,856 in total liabilities, total mezzanine equity
of 7,457,720, and total shareholders' deficit of $32,232,051.
The Company has incurred recurring losses and held cash of $756,729
as of September 30, 2025. Management believes continued investor
support and access to capital markets will be necessary to sustain
operations.
However, recurring losses, negative operating cash flows and
significant liquidity constraints have led the Company's auditors
to express substantial doubt about its ability to continue as a
going concern.
Management is actively pursuing additional financing through
convertible notes and preferred stock offerings while leveraging
existing backlog and receivables.
There can be no assurance that required financing will be available
or on terms acceptable to the Company, and any future financing may
involve restrictive covenants or shareholder dilution.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/2bbsfxxs
About OriginClear
OriginClear, Inc. founded in 2007 as OriginOil and rebranded in
2015, operates as the Clean Water Innovation Hub, focusing on
incubating and launching businesses in the industrial water sector.
The Company's subsidiary, Water On Demand, Inc., includes three
operating units: Progressive Water Treatment, which provides
engineered water treatment solutions and generates the majority of
revenue; Modular Water Systems, which holds an exclusive master
license with three active patents valued between $26.6 million and
$53.2 million as of April 2023; and Water on Demand, a
development-stage unit aiming to offer water treatment as a
pay-per-gallon service under a Design-Build-Own-Operate model. The
Company leverages its intellectual property and proprietary
practices to differentiate its offerings in the global water
industry.
In its audit report dated March 31, 2025, M&K CPAS, PLLC issued a
"going concern" qualification citing that the Company suffered a
net loss from operations and used cash in operations, which raises
substantial doubt about its ability to continue as a going
concern.
As of June 30, 2025, the Company had $3.15 million in total assets,
$24.47 million in total liabilities, $7.48 million in mezzanine
equity and a total stockholders' deficit of $28.8 million.
OUT THE GATE: U.S. Trustee Appoints Creditors' Committee
--------------------------------------------------------
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Chapter 11 case of Out The
Gate, Inc.
The committee members are:
1. Geneva Sports, LLC dba SPIRE Academy
Attn: Adam Coleman, General Counsel
7225 Windsor Blvd., Suite 200
Baltimore, MD 21244
Phone: 410-325-1386
acoleman@blueocean.com
2. Churchill Downs Racetrack, LLC
c/o Churchill Downs Incorporated, Legal Dept.
Attn: Andrew Silver
600 N. Hurstbourne Parkway
Louisville, KY 40222
Phone: 502-678-5719
Andrew.Silver@twinspires.com
3. Ramp Business Corporation
Attn: Hinh Tran
28 West 23rd Street, Floor 2
New York, NY 10010
Phone: 925-858-4709
legal@ramp.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Out the Gate Inc.
Founded on February 8, 2021, Out The Gate, Inc. is a privately held
gaming and entertainment company that offers electronic sports
betting services in the United States. It operates licensed
sportsbooks in Kentucky, New Jersey, and Ohio, providing wagering
platforms under state-regulated gaming frameworks.
Out The Gate sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-12023) on November 12, 2025. In
its petition, the Debtor reported estimated assets of $1 million to
$10 million and estimated liabilities between $50 million and $100
million.
Honorable Bankruptcy Judge Karen B Owens handles the case.
The Debtor is represented by Marc S. Casarino, Esq., at Kennedys
CMK LLP.
PARKERVISION INC: Raises $3.46MM via Registered Direct Offering
---------------------------------------------------------------
ParkerVision, Inc. announced on November 24, 2025, that it has
closed the sale of 16,481,579 shares of its common stock at a price
of $0.21 per share to accredited and institutional investors for
gross proceeds of approximately $3.46 million.
The stock was sold in a Registered Direct Offering under the
Company's Shelf Registration statement that was filed in April 2025
and declared effective by the Securities and Exchange Commission on
May 28, 2025.
To date, the Company has raised an aggregate of approximately $4.46
million under its Shelf, including $1 million in common stock sold
to a director on November 17, 2025, also at a $0.21 purchase price
per share.
About ParkerVision
Jacksonville, Fla.-based ParkerVision, Inc., and its wholly-owned
German subsidiary, ParkerVision GmbH is in the business of
innovating fundamental wireless hardware technologies and products.
The Company has designed and developed proprietary RF technologies
and integrated circuits based on those technologies, and the
Company licenses its technologies to others for use in wireless
communication products.
Atlanta, Ga.-based Frazier & Deeter, LLC, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated March 24, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended December 31, 2024, citing that the
Company's current resources are not sufficient to meet their
liquidity needs for the next 12 months, the Company has losses from
operations, negative operating cash flows and an accumulated
deficit. These factors raise substantial doubt about the Company's
ability to continue as a going concern.
As of September 30, 2025, the Company had $1.9 million in total
assets, $51.7 million in total liabilities, and $49.8 million in
total shareholders' deficit.
PAULAZ ENTERPRISES: Amends Administrative & Priority Tax Claims
---------------------------------------------------------------
Paulaz Enterprises Inc. submitted an Amended Plan of Reorganization
under Subchapter V dated November 26, 2025.
The Debtor submits the Amended Plan to make limited revisions to
approximately six items in the original plan and supporting
exhibits. In counsel's opinion, none of the amendments are
substantive and reballoting is not required.
The changes are summarized as follows:
ARTICLE 3: TREATMENT OF ADMINISTRATIVE EXPENSE CLAIMS; PRIORITY TAX
CLAIMS; AND QUARTERLY AND COURT FEES
Section 3.05 Prospective Quarterly Fees: Removed. Clarification
added that all quarterly fees required under Section 1930(a)(6) or
(a)(7) will accrue and be timely paid until the case is closed,
dismissed, or converted. The debtor has no such fees owed.
ARTICLE 6: EXECUTORY CONTRACTS AND UNEXPIRED LEASES
Section 6.01: Added to the list of assumed contracts: "Franchise
agreement dated November 21, 2017, and any amendments thereto,
between Sign and Graphics, LLC and Paulaz Enterprises, Inc."
ARTICLE 10: OTHER PROVISIONS
Section 10.02 Method of Distribution (Non-Consensual / Cramdown
Plan):
After the sentence stating that the Subchapter V Trustee shall make
payments under a Section 1191(b) plan, the following sentence is
added: "With approval by the Court, the debtor, in place of the
Subchapter V Trustee, may make payments to creditors under the
plan."
Section 10.09 – Substantial Consummation: Added: "Debtor shall
file a Notice of Substantial Consummation within three days of the
event."
EXHIBIT A: LIQUIDATION ANALYSIS
Removed claims of OD Capital ($299,071.00) and the SBA
($517,241.25), each having filed but unperfected UCC-1s; both
claims are therefore unsecured. Reduced secured claim of Wells
Fargo from $695, 929.69 to $343,712.20. Total secured claims
reduced from $1,598,457.58 to $429,927.84. Equity available to
unsecured creditors remains $0 under either calculation.
EXHIBIT B: FIVE-YEAR PROJECTIONS
Moved the TD Auto Financing annual total ($737.23/mo; $8,846.76/yr)
from "Vehicle Expense" to its own separate line item beneath the
Wells Fargo loan payment. Net projected bottom line remains
unchanged.
The Plan Proponent must also show that it will have enough cash
over the life of the Plan to make the required Plan payments and
operate the Debtor's business. The monthly amount needed to fund
Debtor's plan is $11,098.30. This sum includes the payment for the
van loan of $737.23, which is already being paid as part of
Debtor's monthly operating expenses.
The Debtor's five-year projections show that it will have
sufficient income to meet its obligations over the five-year period
for the three classes of creditors. Since Debtor's filing in
Chapter 11, it has begun to reverse its prior decline in revenues.
Debtor's projections are for at least $160,000 per month in year
one; growing from there to a projected $192,000 per month in year
5.
The Plan provides for two classes of secured claims, and one class
of non-priority general unsecured creditors holding allowed claims
that will receive distributions, which the Plan Proponent values at
15 cents on the dollar (15%) (Class 3). The Plan also provides for
the payment of administrative and priority claims and payment to a
special class (Class 4) comprised of mandated payments to the
franchisor, with the result of lack of full payment, being possible
revocation of the franchise license.
Payments and distributions under the Plan will be funded by income
generated from the revenues received from the operation of Debtor's
business. Debtor's Projections show a net profit of $126,000.00 in
year one of the plan and similar, but slightly larger amounts in
years two through year five. Debtor is projected to generate enough
in net revenues to cover the Plan obligations.
The Debtor's monthly obligation for $737.23 for payment of an auto
loan with TD Bank, N.A. for a Mercedes van, is currently being paid
as part of its monthly expenses and is not paid out of the Debtor's
net profits, otherwise used to pay monthly plan obligations of
$10,361.07. 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 Amended Plan dated November 26, 2025 is
available at https://urlcurt.com/u?l=9ew00P from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Chad T. Van Horn, Esq.
Van Horn Law Group, PA
500 NE 4th Street, Suite 200
Fort Lauderdale, FL 33301
Tel: (561) 621-1360
Email: info@cvhlawgroup.com
About Paulaz Enterprises Inc.
Paulaz Enterprises Inc., doing business as Image360 Hollywood FL,
provides custom signage, graphics, and display solutions for
businesses and organizations in Hollywood, Miami, Fort Lauderdale,
and surrounding areas. It offers interior signs, business signage,
vehicle wraps, and event displays, coordinating projects from
design to installation. Paulaz Enterprises operates as part of a
national network, ensuring consistent quality and branding across
various applications.
Paulaz Enterprises sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18061) on July 15,
2025. In its petition, the Debtor reported total assets of
$303,282 and total liabilities of $1,733,834.
Judge Peter D. Russin handles the case.
The Debtor is represented by Chad Van Horn, Esq., at Van Horn Law
Group, PA.
PEGRUM CREEK: Claims to be Paid from Asset Sale Proceeds
--------------------------------------------------------
Pegrum Creek, LLC, filed with the U.S. Bankruptcy Court for the
Northern District of Alabama a First Amended Disclosure Statement
accompanying Plan of Liquidation dated November 26, 2025.
The Debtor is an Alabama limited liability company formed on
January 10, 2018 and is owned and managed by William E. Taylor, Jr.
Pegrum Creek is engaged in many scopes of owning, holding,
developing, renting, leasing, managing, improving, buying, farming,
and selling real property for agricultural, residential, and
commercial purposes.
Any proceeds generated from such activities, along with the
liquidation of any other property or claims, will be utilized, in
part, to fund the Plan. Should any assets remain after the
liquidation of the estate, Pegrum Creek will continue to be owned
and managed by William E. Taylor, Jr., upon confirmation.
The total value of the properties, according to the Debtor's
valuation, is $12,213,000.00. The Debtor has not performed a formal
appraisal on the properties. However, based upon prior sales of the
Debtor's Real Estate Assets, its knowledge of the Real Estate
Assets and Personal Property Assets, and the information provided
by its real estate professionals, the Debtor believes that these
valuations are accurate.
The Debtor's post-petition earnings are property of the estate. As
evidenced by the operating statements filed with the Court, the
Debtor has operated post-petition with a profit. The most recent
monthly operating reports, for month ending September 30, 2025,
showed a total net income post-petition to date for the Debtor of
$51,263.07. This income was for farming operations and lease of
farmland.
Under the Plan, after the payment of all Allowed Secured Priority
and Unsecured Claims, the net assets and operations of the Debtor
will continue to be owned, managed, and controlled by the Debtor
until this case is fully administered. If all Allowed Secured
Priority and Unsecured Claims are paid in full, any excess net
assets and operations shall be surrendered to equity.
Class 5 shall consist of all Allowed Unsecured Claims that are not
otherwise included in another Class herein. These Allowed Claims
shall be paid in full of Class 5 Claims, with other Allowed Claims
in this Class upon the sale of the Real Estate Assets, Personal
Property Assets, including sale of net operating losses and net
proceeds of claims liquidation. No interest will accrue on these
Allowed Claims.
In the event there is not sufficient net proceeds from the sale of
Real Estate Assets and Personal Property Assets, including tax
credits and claims proceeds to pay Allowed Unsecured Claims, in
full, such claims will be paid pro rata. This Class is impaired.
Class 6 consists of the membership interest in the Debtor, owned by
William E. Taylor. This interest may retain equity in assets not
liquidated, or net proceeds from liquidation, only if all Allowed
Claims, including but not limited to Allowed Unsecured Claims are
paid in full.
The Effective Date of the Plan is defined under the Plan to be the
first day of the second full month after the entry of the Court
order confirming the Plan.
* The Plan will be funded by the following: The Debtor will
continue funding the Plan through sale of the Real Estate Assets
until the earlier of (a) sufficient funds has been raised to pay
all claims in full or (b) such Real Estate Assets have been
liquidated;
* The Debtor will market and sell, by means to be determined
by the Debtor in its exclusive business judgment, Real Estate
Assets sufficient to pay all Allowed Administrative Claims, all
Allowed Priority Claims, all Allowed Secured Claims, and all other
Allowed Claims in full, as provided in the Plan. The sale of the
Real Estate Assets will be completed as soon as practicable, as
determined by the Debtor in consultation with respective Secured
Creditors. The Debtor will determine the order and timing of sale
of the Real Estate Assets. Creditors in Classes 1-5 shall retain
their rights to credit bid in the sale of any Real Estate Asset
encumbered by a properly perfected security interest. Once
sufficient funds to satisfy all claims have been generated by the
sale of Real Estate Assets, the Debtor will cease selling
unliquidated Real Estate Assets and the balance of Property
(including cash and Real Estate Assets) will be returned to the
Debtor as the holder of the only Class 6 Claim;
* If all Real Estate Assets have not been liquidated by the
first day of the 6th month following the Effective Date, or if All
Allowed Claims in Classes 1-5 have not been fully satisfied by
then, the Debtor, within its sole discretion, shall either employ
an auctioneer to auction all remaining Real Estate Assets or grant
any remaining creditor in Classes 1-5 relief from the discharge
injunction to foreclose on its unsold collateral; and
* Contemporaneously with the marketing the Real Estate Assets
in classically brokered sales, the Debtor, in consultation with the
Realtor(s) retained in this case, counsel, related Secured
Claimants, and other interested parties will solicit auctioneer
professionals to market and sell by public auction any Real Estate
Assets not sold nor contracted to sell by the conclusion of the
Marketing Period. Any Auctioneer hired by the Debtor shall be
submitted for Court Approval as a Professional. Bidding Procedures
are attached hereto as Exhibit F for approval at confirmation.
These Bidding Procedures may be modified by Debtor in consultation
with the proposed Auctioneer and other interested parties, which
shall be submitted for comment and approval by the Court.
* The Debtor will market and sell, by means to be determined
by the Debtor in its exclusive business judgment, Personal Property
Assets sufficient to pay all Allowed Administrative Claims, all
Allowed Secured Claims, and all other Allowed Claims in full, as
provided in the Plan. The sale of the Personal Property Assets will
be completed as soon as practicable, as determined by the Debtor.
The Debtor will determine the order and timing of sale of the
Personal Property Assets. Once sufficient funds to satisfy all
claims have been generated by the sale of Personal Property Assets,
the Debtor will cease selling unliquidated Personal Property Assets
and the balance of Property (including cash and Personal Property
Assets) will be returned to the Debtor as the holder of the only
Class 6 Claim.
* The Debtor will file with the Court an accounting and will
seek the entry of a Final Decree as required under Bankruptcy Rule
3022 following the Effective Date of the Plan and the
administration of the Estate. During this period the Debtor shall
submit reports and pay quarterly fees to the Bankruptcy
Administrator as required by law. Upon completion of payments to
Class 5, the Debtor reserves the right to file a motion to reopen
the case in order to obtain a discharge order pursuant to Section
1141(d)(5) of the Bankruptcy Code, if needed.
A full-text copy of the First Amended Disclosure Statement dated
November 26, 2025 is available at https://urlcurt.com/u?l=NGr2nS
from PacerMonitor.com at no charge.
Counsel for the Debtor:
Stuart M. Maples, Esq.
Thompson Burton PLLC
200 Clinton Avenue West, Suite 1000
Huntsville, Alabama 35801
Tel: (256) 489-9779
Fax: (256) 489-9720
Email: smaples@thompsonburton.com
About Pegrum Creek LLC
Pegrum Creek is engaged in activities related to real estate.
Pegrum Creek LLC filed its voluntary petition for relief under
Chapter 11 of the Bankrutpcy Code (Bankr. N.D. Ala. Case No.
24-81037) on June 3, 2024, listing $1 million to $10 million in
assets and $10 million to $50 million in liabilities. The petition
was signed by William E. Taylor, Jr., as president.
Judge Clifton R Jessup Jr. presides over the case.
Stuart Maples, at Thompson Burton PLLC, is the Debtor's counsel.
PERATON CORP: Blue Owl Marks $84.5MM 2L Loan at 41% Off
-------------------------------------------------------
Blue Owl Technology Finance Corp. has marked its $84,551,000 loan
extended to Peraton Corp. to market at $49,995,000 or 59% of the
outstanding amount, according to Blue Owl's Form 10-Q for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission.
Blue Owl is a participant in a second lien senior secured loan to
Peraton Corp. The loan accrues interest at a rate of 7.75% per
annum. The loan matures on February 2029.
Blue Owl is a Maryland corporation formed on July 12, 2018. The
Company was formed primarily to originate and make loans to, and
make debt and equity investments in, technology-related companies,
specifically software companies, based primarily in the United
States. The Company originates and invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans, and
equity-related securities including common equity, warrants,
preferred stock and similar forms of senior equity, which may or
may not be convertible into a portfolio company's common equity.
The Company's investment objective is to maximize total return by
generating current income from its debt investments and other
income producing securities, and capital appreciation from its
equity and equity-linked investments.
Blue Owl is led by Craig W. Packer as Chief Executive Officer and
Jonathan Lamm as Chief Operating Officer and Chief Financial
Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Technology Finance Corp
399 Park Avenue
New York, NY 10022
Telephone: (212) 419-3000
About Peraton Corp.
Peraton is a national security company delivering mission-critical
technologies and information technology solutions to protect the
U.S. and its allies.
PINE GATE: Employs Hunton Andrews Kurth as Bankruptcy Co-Counsel
----------------------------------------------------------------
Pine Gate Renewables, LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Southern District of Texas to employ
and retain Hunton Andrews Kurth LLP as bankruptcy co-counsel and
conflicts counsel.
Hunton Andrews Kurth LLP will provide these services:
(a) advise the Debtors with respect to their powers and duties
as debtors in possession in the continued management and operation
of their business;
(b) advise and consult on the conduct of the Chapter 11 Cases,
including all of the legal and administrative requirements of
operating in chapter 11;
(c) attend meetings and negotiate with representatives of
creditors and other parties in interest;
(d) take all necessary actions to protect and preserve the
Debtors' estates;
(e) prepare pleadings in connection with the Chapter 11 Cases,
including motions, applications, answers, draft orders, reports and
other documents necessary or otherwise beneficial to the
administration of the Debtors' estates;
(f) represent the Debtors in connection with obtaining
authority to use cash collateral and postpetition financing;
(g) appear before the Court and any appellate courts to
represent the interests of the Debtors’ estates;
(h) take any necessary actions on behalf of the Debtors to
negotiate, prepare and obtain approval of a disclosure statement
and confirmation of a chapter 11 plan of reorganization and all
documents related thereto;
(i) advise the Debtors in connection with any sale of assets;
(j) serve as conflicts counsel, where necessary, for certain
of the Debtors and their projects;
(k) provide non-bankruptcy services to the Debtors to the
extent requested by the Debtors; and
(l) perform all other necessary legal services for the Debtors
in connection with the Chapter 11 Cases, including (i) analysis of
leases and executory contracts, (ii) analysis of liens, and (iii)
advice on corporate and litigation matters.
Hunton's 2025 and 2026 hourly rates for primary professionals
include:
- Timothy A. Davidson II, Partner $1,405
- Brian M. Clarke, Partner $1,175 (2025) /
$1,695 (2026)
- Philip M. Guffy, Associate $1,270 (2025) / $995
(2026)
- Brandon Bell, Associate $1,080 (2025) / $795
(2026)
Before the Petition Date, the Debtors paid Hunton an aggregate
amount of $1,351,259.77, including an advance retainer of
$704,832.23 and $202,209.77 in estimated court-filing fees. Hunton
was paid $736,479 in fees and $202,209.77 in expenses prepetition.
As of the Petition Date, Hunton holds $412,571 on account.
According to court filings, Hunton is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code.
Pursuant to paragraph D, section 1 of the Revised U.S. Trustee
Guidelines, Hunton responds as follows:
Question: Did Hunton agree to any variations from, or alternatives
to, Hunton's standard or customary billing arrangements for this
engagement?
Answer: No.
Question: Do any of the Hunton professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No.
Question: If you represented the Debtors in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement… Have these changed
postpetition?
Answer: Hunton's billing rates and material financial terms for its
prepetition engagement are set forth in the Engagement Letter.
Hunton's billing rates and material financial terms for Hunton's
representation of the Debtors have not changed postpetition.
Question: Has your client approved your prospective budget and
staffing plan?
Answer: Hunton has not prepared a budget and staffing plan.
The firm can be reached at:
Timothy A. Davidson II
Hunton Andrews Kurth LLP
600 Travis Street, Suite 4200
Houston, TX 77002
Telephone: (713) 220-4200
Facsimile: (713) 220-4285
Direct Dial: 713-220-3810
E-mail: taddavidson@hunton.com
About Pine Gate Renewables, LLC
Pine Gate Renewables, LLC develops, finances, constructs, and
operates renewable energy projects across the United States.
Founded in 2016, the Company manages an operational portfolio of
more than two gigawatts of solar and storage assets and maintains a
development pipeline exceeding 30 gigawatts. It has arranged and
secured roughly $10 billion in project financing and capital
investment and, through its wholly owned subsidiary ACT Power
Services, provides operations and maintenance support for over
seven gigawatts of third-party solar and storage facilities.
Pine Gate Renewables sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90669) on November
6, 2025. In the petition signed by Ray Shem as president and chief
financial officer, the Debtor disclosed estimated assets on a
consolidated basis of $1 billion to $10 billion and estimated
liabilities on a consolidated basis of $1 billion to $10 billion.
One hundred nineteen affiliates that concurrently filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Pine Gate Renewables, LLC (Lead Case) 25-90669
BF Dev Holdco Pledgor, LLC 25-90691
BF Dev Holdco, LLC 25-90694
Blue Northern Power, LLC 25-90697
Blue Ridge Power Holding Company, LLC 25-90703
Blue Ridge Power, LLC 25-90707
Blue Ridge Solar, LLC 25-90713
BRP Construction, Inc. 25-00008
BRP HBC Guarantor, LLC 25-00009
BRP HBC Holdco, LLC 25-00010
Cascade Dev Holdco, LLC 25-00011
Cascade NTP Holdco, LLC 25-00012
Cascade Pledgor, LLC 25-00013
Catalina Solar Borrower, LLC 25-00014
Catalina Solar Holdings, LLC 25-00015
FP 2021 Dev Holdco, LLC 25-00016
GA Solar 5, LLC 25-00017
GH Pledge Borrower, LLC 25-00018
Grande Holdco Borrower II, LLC 25-00019
Grande Holdco Borrower, LLC 25-00020
Grande Holdco, LLC 25-00021
Limewood Bell Renewables LLC 25-00022
Lotus Solar, LLC 25-00023
Magnolia Solar Development LLC 25-00024
NPA 2023 Holdco, LLC 25-90671
NPA PGR Blocker Holdco, LLC 25-90673
NPA Polaris DevCo Holdco, LLC 25-90675
NPA Polaris DevCo Pledgor, LLC 25-90678
NPA Polaris OpCo Holdco, LLC 25-90682
Old Hayneville Solar, LLC 25-00030
PG Dev Carver Holdco, LLC 25-90686
PGC Solar Holdings Holdco I, LLC 25-90698
PGC Solar Holdings Holdco II, LLC 25-90702
PGC Solar Holdings I Managing Member, LLC 25-90705
PGC Solar Holdings I, LLC 25-90708
PGR 2020 Lessor 7, LLC 25-90711
PGR 2021 Fund 13, LLC 25-00037
PGR 2021 Fund 17, LLC 25-00038
PGR 2021 Fund 18, LLC 25-00039
PGR 2021 Fund 4, LLC 25-00040
PGR 2021 Fund 9, LLC 25-00041
PGR 2021 Holdco 11, LLC 25-00042
PGR 2021 Holdco 12, LLC 25-00043
PGR 2021 Holdco 13, LLC 25-00044
PGR 2021 Holdco 15, LLC 25-00045
PGR 2021 Holdco 17, LLC 25-90670
PGR 2021 Holdco 18, LLC 25-90674
PGR 2021 Holdco 19, LLC 25-90676
PGR 2021 Holdco 4, LLC 25-00049
PGR 2021 Holdco 9, LLC 25-00050
PGR 2021 Manager 13, LLC 25-00051
PGR 2021 Manager 17, LLC 25-90685
PGR 2021 Manager 18, LLC 25-90687
PGR 2021 Manager 4, LLC 25-90679
PGR 2021 Manager 9, LLC 25-90680
PGR 2022 Fund 1, LLC 25-90689
PGR 2022 Fund 2, LLC 25-90690
PGR 2022 Fund 4, LLC 25-90693
PGR 2022 Fund 5, LLC 25-90695
PGR 2022 Fund 8, LLC 25-90696
PGR 2022 Fund 9, LLC 25-90699
PGR 2022 Holdco 1, LLC 25-90700
PGR 2022 Holdco 2, LLC 25-90704
PGR 2022 Holdco 8, LLC 25-90706
PGR 2022 Holdco 9, LLC 25-90709
PGR 2022 Manager 1, LLC 25-90712
PGR 2022 Manager 2, LLC 25-00067
PGR 2022 Manager 4, LLC 25-00068
PGR 2022 Manager 5, LLC 25-00069
PGR 2022 Manager 8, LLC 25-00070
PGR 2022 Manager 9, LLC 25-90672
PGR 2022 Sponsor Holdco, LLC 25-90677
PGR 2023 Fund 1, LLC 25-90681
PGR 2023 Fund 6, LLC 25-90688
PGR 2023 Holdco 1, LLC 25-90692
PGR 2023 Lessee 6, LLC 25-90701
PGR 2023 Manager 1, LLC 25-90710
PGR 2023 Manager 6, LLC 25-00078
PGR 2024 Sponsor Holdco, LLC 25-00079
PGR Blocker Holdco, LLC 25-00080
PGR Blue Ridge Power Holdings, LLC 25-00081
PGR Carver Holdco, LLC 25-00082
PGR CC Affiliate Purchaser LLC 25-00083
PGR Guarantor, LLC 25-00084
PGR Holdco GP, LLC 25-00085
PGR Holdco, LP 25-00086
PGR MS Affiliate Purchaser LLC 25-00087
PGR Procurement, LLC 25-00088
PGR Signature Fund 1 Manager, LLC 25-00089
Pine Gate Asset Management, LLC 25-00090
Pine Gate Assets, LLC 25-00091
Pine Gate Carver Holdings, LLC 25-00092
Pine Gate Dev Holdco, LLC 25-00093
Pine Gate Development, LLC 25-00094
Pine Gate Energy Capital, LLC 25-00095
Pine Gate EPC, LLC 25-00096
Pine Gate Fund Management, LLC 25-00097
Pine Gate O&M, LLC 25-00098
Polaris DevCo Borrower A, LLC 25-00099
Polaris DevCo Borrower B, LLC 25-00100
Polaris DevCo Pledgor A, LLC 25-00101
Polaris DevCo Pledgor B, LLC 25-00102
Polaris OpCo Borrower B, LLC 25-00103
Polaris OpCo Pledgor A, LLC 25-00104
Polaris OpCo Pledgor B, LLC 25-00105
PW Blocker Holdco, LLC 25-00106
PW Revolver Borrower, LLC 25-00107
Rio Lago Solar, LLC 25-90668
Solar Carver 1, LLC 25-00109
Solar Carver 3, LLC 25-00110
Stowe Solar, LLC 25-00111
Sunstone Solar 1, LLC 25-00112
Sunstone Solar 2, LLC 25-00113
Sunstone Solar 3, LLC 25-00114
Sunstone Solar 4, LLC 25-00115
Sunstone Solar 5, LLC 25-00116
Sunstone Solar 6, LLC 25-00117
Sunstone Solar, LLC 25-00118
West River Solar, LLC 25-00119
The Judge is Hon. Christopher M. Lopez.
The Debtors' Bankruptcy Co-Counsel is Timothy A. Davidson II, Esq.,
at Hunton Andrews Kurth LLP, in Houston, Texas, and LATHAM &
WATKINS LLP.
The Debtors' Financial Advisor is ALVAREZ & MARSAL NORTH AMERICA,
LLC.
The Debtors' Investment Banker is LAZARD FRERES & CO. LLC.
The Debtors' Claims, Noticing & Solicitation Agent is OMNI AGENT
SOLUTIONS, INC.
PINE GATE: To Hire Lazard Freres & Co. LLC as Investment Banker
---------------------------------------------------------------
Pine Gate Renewables, LLC and its affiliates seek approval from the
U.S. Bankruptcy Court to retain Lazard Freres & Co. LLC as their
investment banker in their Chapter 11 cases.
Lazard Freres will provide these services:
(a) reviewing and analyzing the Debtors' business, operations,
and financial projections;
(b) evaluating the Debtors' potential debt capacity in light
of projected cash flows;
(c) assisting in determining an appropriate capital structure
for the Debtors;
(d) assisting in determining a range of values for the Debtors
on a going-concern basis;
(e) advising the Debtors on tactics and strategies for
negotiating with stakeholders;
(f) rendering financial advice and participating in meetings
or negotiations with stakeholders, rating agencies, or other
parties in connection with any restructuring;
(g) advising and assisting the Debtors in evaluating any
potential financing transaction and, if requested, contacting
potential capital sources and assisting in implementing such
financing;
(h) assisting the Debtors in preparing documentation within
Lazard's expertise required in connection with any restructuring;
(i) assisting in identifying potential buyers and contacting
such buyers regarding any sale transaction;
(j) attending meetings of the Board of Directors of PGR Holdco
GP, LLC on matters related to Lazard’s engagement;
(k) providing testimony, as necessary, in matters related to
its engagement; and
(l) providing the Debtors with other financial advice relevant
to the foregoing.
Lazard's compensation structure includes:
- a monthly fee of $250,000;
- an Amendment Fee equal to 0.25% of the principal amount of any
amended debt or obligations;
- a Restructuring Fee of $17,000,000, or in a Chapter 11
restructuring, the greater of $17,000,000 or 0.70% of the aggregate
funded debt, tax equity, and preferred equity (capped at
$30,000,000);
- a Sale Transaction Fee based on Schedule I of the Engagement
Letter or the Restructuring Fee, whichever is greater; and
- a Financing Fee based on applicable percentages of gross proceeds
(1.75%/1.50% senior secured, 2.75% junior debt, 4.00% equity or
equity-linked financing).
Lazard states it is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code and holds no materially
adverse interest in connection with its proposed retention.
The firm can be reached at:
Lazard Frères & Co. LLC
30 Rockefeller Plaza
New York, NY 10012
Telephone: (212) 632-6000
About Pine Gate
Renewables, LLC
Pine Gate Renewables, LLC develops, finances, constructs, and
operates renewable energy projects across the United States.
Founded in 2016, the Company manages an operational portfolio of
more than two gigawatts of solar and storage assets and maintains a
development pipeline exceeding 30 gigawatts. It has arranged and
secured roughly $10 billion in project financing and capital
investment and, through its wholly owned subsidiary ACT Power
Services, provides operations and maintenance support for over
seven gigawatts of third-party solar and storage facilities.
Pine Gate Renewables sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90669) on November
6, 2025. In the petition signed by Ray Shem as president and chief
financial officer, the Debtor disclosed estimated assets on a
consolidated basis of $1 billion to $10 billion and estimated
liabilities on a consolidated basis of $1 billion to $10 billion.
One hundred nineteen affiliates that concurrently filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Pine Gate Renewables, LLC (Lead Case) 25-90669
BF Dev Holdco Pledgor, LLC 25-90691
BF Dev Holdco, LLC 25-90694
Blue Northern Power, LLC 25-90697
Blue Ridge Power Holding Company, LLC 25-90703
Blue Ridge Power, LLC 25-90707
Blue Ridge Solar, LLC 25-90713
BRP Construction, Inc. 25-00008
BRP HBC Guarantor, LLC 25-00009
BRP HBC Holdco, LLC 25-00010
Cascade Dev Holdco, LLC 25-00011
Cascade NTP Holdco, LLC 25-00012
Cascade Pledgor, LLC 25-00013
Catalina Solar Borrower, LLC 25-00014
Catalina Solar Holdings, LLC 25-00015
FP 2021 Dev Holdco, LLC 25-00016
GA Solar 5, LLC 25-00017
GH Pledge Borrower, LLC 25-00018
Grande Holdco Borrower II, LLC 25-00019
Grande Holdco Borrower, LLC 25-00020
Grande Holdco, LLC 25-00021
Limewood Bell Renewables LLC 25-00022
Lotus Solar, LLC 25-00023
Magnolia Solar Development LLC 25-00024
NPA 2023 Holdco, LLC 25-90671
NPA PGR Blocker Holdco, LLC 25-90673
NPA Polaris DevCo Holdco, LLC 25-90675
NPA Polaris DevCo Pledgor, LLC 25-90678
NPA Polaris OpCo Holdco, LLC 25-90682
Old Hayneville Solar, LLC 25-00030
PG Dev Carver Holdco, LLC 25-90686
PGC Solar Holdings Holdco I, LLC 25-90698
PGC Solar Holdings Holdco II, LLC 25-90702
PGC Solar Holdings I Managing Member, LLC 25-90705
PGC Solar Holdings I, LLC 25-90708
PGR 2020 Lessor 7, LLC 25-90711
PGR 2021 Fund 13, LLC 25-00037
PGR 2021 Fund 17, LLC 25-00038
PGR 2021 Fund 18, LLC 25-00039
PGR 2021 Fund 4, LLC 25-00040
PGR 2021 Fund 9, LLC 25-00041
PGR 2021 Holdco 11, LLC 25-00042
PGR 2021 Holdco 12, LLC 25-00043
PGR 2021 Holdco 13, LLC 25-00044
PGR 2021 Holdco 15, LLC 25-00045
PGR 2021 Holdco 17, LLC 25-90670
PGR 2021 Holdco 18, LLC 25-90674
PGR 2021 Holdco 19, LLC 25-90676
PGR 2021 Holdco 4, LLC 25-00049
PGR 2021 Holdco 9, LLC 25-00050
PGR 2021 Manager 13, LLC 25-00051
PGR 2021 Manager 17, LLC 25-90685
PGR 2021 Manager 18, LLC 25-90687
PGR 2021 Manager 4, LLC 25-90679
PGR 2021 Manager 9, LLC 25-90680
PGR 2022 Fund 1, LLC 25-90689
PGR 2022 Fund 2, LLC 25-90690
PGR 2022 Fund 4, LLC 25-90693
PGR 2022 Fund 5, LLC 25-90695
PGR 2022 Fund 8, LLC 25-90696
PGR 2022 Fund 9, LLC 25-90699
PGR 2022 Holdco 1, LLC 25-90700
PGR 2022 Holdco 2, LLC 25-90704
PGR 2022 Holdco 8, LLC 25-90706
PGR 2022 Holdco 9, LLC 25-90709
PGR 2022 Manager 1, LLC 25-90712
PGR 2022 Manager 2, LLC 25-00067
PGR 2022 Manager 4, LLC 25-00068
PGR 2022 Manager 5, LLC 25-00069
PGR 2022 Manager 8, LLC 25-00070
PGR 2022 Manager 9, LLC 25-90672
PGR 2022 Sponsor Holdco, LLC 25-90677
PGR 2023 Fund 1, LLC 25-90681
PGR 2023 Fund 6, LLC 25-90688
PGR 2023 Holdco 1, LLC 25-90692
PGR 2023 Lessee 6, LLC 25-90701
PGR 2023 Manager 1, LLC 25-90710
PGR 2023 Manager 6, LLC 25-00078
PGR 2024 Sponsor Holdco, LLC 25-00079
PGR Blocker Holdco, LLC 25-00080
PGR Blue Ridge Power Holdings, LLC 25-00081
PGR Carver Holdco, LLC 25-00082
PGR CC Affiliate Purchaser LLC 25-00083
PGR Guarantor, LLC 25-00084
PGR Holdco GP, LLC 25-00085
PGR Holdco, LP 25-00086
PGR MS Affiliate Purchaser LLC 25-00087
PGR Procurement, LLC 25-00088
PGR Signature Fund 1 Manager, LLC 25-00089
Pine Gate Asset Management, LLC 25-00090
Pine Gate Assets, LLC 25-00091
Pine Gate Carver Holdings, LLC 25-00092
Pine Gate Dev Holdco, LLC 25-00093
Pine Gate Development, LLC 25-00094
Pine Gate Energy Capital, LLC 25-00095
Pine Gate EPC, LLC 25-00096
Pine Gate Fund Management, LLC 25-00097
Pine Gate O&M, LLC 25-00098
Polaris DevCo Borrower A, LLC 25-00099
Polaris DevCo Borrower B, LLC 25-00100
Polaris DevCo Pledgor A, LLC 25-00101
Polaris DevCo Pledgor B, LLC 25-00102
Polaris OpCo Borrower B, LLC 25-00103
Polaris OpCo Pledgor A, LLC 25-00104
Polaris OpCo Pledgor B, LLC 25-00105
PW Blocker Holdco, LLC 25-00106
PW Revolver Borrower, LLC 25-00107
Rio Lago Solar, LLC 25-90668
Solar Carver 1, LLC 25-00109
Solar Carver 3, LLC 25-00110
Stowe Solar, LLC 25-00111
Sunstone Solar 1, LLC 25-00112
Sunstone Solar 2, LLC 25-00113
Sunstone Solar 3, LLC 25-00114
Sunstone Solar 4, LLC 25-00115
Sunstone Solar 5, LLC 25-00116
Sunstone Solar 6, LLC 25-00117
Sunstone Solar, LLC 25-00118
West River Solar, LLC 25-00119
The Judge is Hon. Christopher M. Lopez.
The Debtors' Bankruptcy Co-Counsel is Timothy A. ("Tad") Davidson
II, Esq., at Hunton Andrews Kurth LLP, in Houston, Texas, and
LATHAM & WATKINS LLP.
The Debtors' Financial Advisor is ALVAREZ & MARSAL NORTH AMERICA,
LLC.
The Debtors' Investment Banker is LAZARD FRERES & CO. LLC.
The Debtors' Claims, Noticing & Solicitation Agent is OMNI AGENT
SOLUTIONS, INC.
POLAR POWER: Swings to $4.1M Q3 Net Loss, Delinquent in Rent
------------------------------------------------------------
Polar Power, Inc. filed with the U.S. Securities and Exchange
Commission its Quarterly Report on Form 10-Q reporting a net loss
of $4.1 million for the three months ended September 30, 2025,
compared to a net income of $13,000 for the three months ended
September 30, 2024.
For the nine months ended September 30, 2025, the Company reported
a net loss of $5.6 million, compared to a net loss of $1.6 million
for the same period in 2024.
Net sales for the three months ended September 30, 2025 and 2024,
were $1.3 million and $4.9 million, respectively. For the nine
months ended September 30, 2025 and 2024, the Company had total
revenues of $5.7 million and $11.3 million, respectively.
As of September 30, 2025, the Company had $12.3 million in total
assets, $9.4 million in total liabilities, and $2.9 million in
total stockholders' equity.
For the nine months ended September 30, 2025, the Company recorded
a net loss of $5.6 million and used cash in operations of
$589,000.
Further, the Company was delinquent in its rent payments to its
landlords for its office and warehouse facilities. These factors,
along with others, raise substantial doubt about the Company's
ability to continue as a going concern within the next 12 months.
In addition, the Company's independent registered public accounting
firm, in its audit report to the financial statements included in
the Company's Annual Report on Form 10-K for the year ended
December 31, 2024, expressed substantial doubt about the Company's
ability to continue as a going concern.
The Company manufactures and assembles its DC power systems at two
production facilities located in Gardena, California.
It is currently delinquent in rent payments to its landlords for
office and warehouse facilities. The landlord for its headquarters
and manufacturing facility at 249 E. Gardena Blvd., Gardena,
California filed a summons for eviction on October 24, 2025.
The Company is negotiating with this landlord on a payment plan for
the delinquent rent, and expects to come to a mutually agreeable
outcome, which, at this time, such amicable proposal provides that
the Company shall agree to pay the delinquent rent by February 28,
2026, and the landlord shall, in consideration of such agreement,
release and settle the claim for eviction. The landlord for the
other facility for which the Company is delinquent on rent, has not
served the Company any legal documents or assessed late fees for
the delinquent rent.
However, they may do so in the future. The Company is also
negotiating with this landlord on a payment plan for the delinquent
rent.
While the Company is negotiating with both landlords in good faith
on payment plans, there is no guarantee that it and the landlords
could reach an agreement on a payment plan, or that even if they
reached an agreement, they could raise sufficient capital to pay
the delinquent rent.
It is possible that the Company will be forced to vacate from any
or all facilities, and if that happens, it might have difficulty
locating a new headquarters, or new manufacturing or warehouse
facilities that are adequate, in a timely manner. The Company's
production could be significantly delayed, access to its inventory
could be impaired, and its operations could halt for a significant
period of time.
Effective September 30, 2020, the Company entered into an Agreement
with Pinnacle which will expire on September 30, 2026. The Loan
Agreement, as amended, provides for a revolving credit facility
under which Pinnacle may, in its sole discretion upon the Company's
request, make advances to us up to $7.5 million, subject to certain
limitations and adjustments.
The Loan Agreement contains certain affirmative and negative
covenants. At September 30, 2025, the Company was not in compliance
with the affirmative covenant requiring all taxes including
unsecured property taxes to be paid in full before becoming
delinquent, of which the Company has a delinquent balance of
$29,000.
The Company was also not in compliance with the affirmative
covenant requiring the Company to attain a minimum Effective
Tangible Net Worth greater than $6 million, as the Company attained
a Tangible Net Worth of $3,405 after recording an inventory
write-down of $1.97 million to adjust the book value of its
inventory to its net realizable value, and $455,000 impairment of
right-of-use asset and deposits.
While the Company expects to regain compliance, there is no
guarantee that the Company will be able to do so. Further,
Pinnacle, as of October 21, 2025, pursuant to the terms of the Loan
Agreement, lowered the valuation on certain of the Company's
inventory.
As a result of the reduction in the valuation of certain of the
Company's inventory, the Company has an over-advance of $480,000 at
October 21, 2025, and therefore, pursuant to the terms of the Loan
Agreement, Pinnacle is permitted take certain actions, including
the creation of reserves against amounts that would be available
for borrowing or the reduction of its advance rates without
declaring an event of default on the facilities, if it determines,
in its good faith credit judgment that such reserves are necessary.
Polar Power said, "We are in current discussions with Pinnacle and
negotiating with them in good faith on these terms, and expect to
come to a mutually agreeable outcome, which, at this time, we
believe will provide that Pinnacle will accept certain amounts we
expect to receive in purchase orders over the next few months ($325
by December 15, 2025), provided that if such purchase orders are
not fulfilled, $325 will be due in December, regardless, and in
each case the balance outstanding ($155) will be due by January 15,
2026."
While the Company believes it has a good working relationship with
Pinnacle, Pinnacle could seek other remedies against the Company
pursuant to the Loan Agreement or terminate the Loan Agreement.
If the Company is unable to comply with the Loan Agreement, or
amendments if applicable, the Company may lose its financing with
Pinnacle.
Furthermore, the Company's ability to secure other financing is
uncertain. The Company's ability to continue as a going concern is
dependent upon its ability to obtain additional financing, grow and
diversify the Company's revenue, improve operational efficiency,
reduce overhead and fixed costs, and to create a profitable
operation.
Its ability to obtain additional financing in the debt and equity
capital markets is subject to several factors, including market and
economic conditions, its performance and investor sentiment with
respect to the Company and its industry.
The Company has taken action to diversify sales to consume existing
inventory, increase higher margin aftermarket parts revenue, to
fund operations.
In the event that the Company does not generate sufficient cash
flows from operations and is unable to obtain funding, the Company
will be forced to delay, reduce, or eliminate some or all of its
discretionary spending, which could adversely affect the Company's
business prospects, ability to meet long-term liquidity needs or
ability to continue operations.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/8nynhfr8
About Polar Power, Inc.
Headquartered in Gardena, California, Polar Power, Inc. --
http://www.polarpower.com-- designs, manufactures, and sells DC
power generators, renewable energy and cooling systems for
applications primarily in the telecommunications market and, to a
lesser extent, in other markets, including military, electric
vehicle charging, marine and industrial. The Company is
continuously diversifying its customer base and are selling its
products into non-telecommunication markets and applications at an
increasing rate.
In its report dated March 31, 2025, the Company's auditor Weinberg
& Company, P.A., issued a "going concern" qualification citing that
during the year ended Dec. 31, 2024, the Company incurred a net
loss and incurred negative operating cash flows. These conditions
raise substantial doubt about the Company's ability to continue as
a going concern.
As of June 30, 2025, Polar Power held $16.5 million in total
assets, $9.6 million in liabilities, and $7 million in
stockholders' equity.
POWER RIG: Seeks Chapter 7 Bankruptcy in Louisiana
--------------------------------------------------
On November 13, 2025, Power Rig Drilling Company Inc. sought
Chapter 7 protection in the Western District of Louisiana.
According to court filings, the Debtor reports between $1 million
and $10 million in debt owed to 1–49 creditors.
About Power Rig Drilling Company Inc.
Power Rig Drilling Company, Inc. is a U.S. based drilling
contractor primarily focused on on-land oil and gas well drilling
support, with operations recorded in Grand Chenier and Lafayette,
Louisiana.
Power Rig Drilling Company Inc. sought relief under Chapter 7 of
the U.S. Bankruptcy Code (Bankr. Case No. 25-51053) on November 13,
2025. In its petition, the Debtor reports estimated assets of
$0–$100,000 and estimated liabilities of $1 million–$10
million.
Honorable Judge John W. Kolwe handles the case.
The Debtor is represented by Patrick M. Shelby, Esq.
PRIMO WATER: Faces Securities Class Action Lawsuit
--------------------------------------------------
Bernstein Liebhard LLP announces that a shareholder has filed a
securities class action lawsuit on behalf of investors (the
"Class") who purchased or acquired (i) the common stock of Primo
Water Corporation ("Primo Water") between June 17, 2024 through
November 8, 2024, inclusive, and/or (ii) the common stock of Primo
Brands Corporation ("Primo Brands" or the "Company") (NYSE: PRMB)
between November 11, 2024 through November 6, 2025, inclusive
(collectively, the "Class Period"). Following a merger of Primo
Water with an affiliate of BlueTriton Brands, Inc., which was
announced on June 17, 2024 (the "Merger"), the combined entity
operated as Primo Brands.
Should You Join This Class Action Lawsuit?
-- Do you, or did you, own shares of Primo Brands Corporation
(NYSE: PRMB)?
-- Did you purchase your shares between June 17, 2024 and November
6, 2025, inclusive?
-- Did you lose money in your investment in Primo Brands
Corporation?
If you purchased or acquired Primo Brands common stock, and/or
would like to discuss your legal rights and options please visit
Primo Brands Corporation Shareholder Class Action Lawsuit or
contact Investor Relations Manager Peter Allocco at (212) 951-2030
or pallocco@bernlieb.com.
According to the lawsuit, Defendants made misrepresentations
concerning operational efficiencies from the Merger.
If you wish to serve as lead plaintiff for the Class, you must file
papers by January 12, 2026. A lead plaintiff is a representative
party acting on other class members' behalf in directing the
litigation. Your ability to share in any recovery doesn't require
that you serve as lead plaintiff. If you choose to take no action,
you may remain an absent class member.
All representation is on a contingency fee basis. Shareholders pay
no fees or expenses.
Since 1993, Bernstein Liebhard LLP has recovered over $3.5 billion
for its clients. In addition to representing individual investors,
the Firm has been retained by some of the largest public and
private pension funds in the country to monitor their assets and
pursue litigation on their behalf. As a result of its success
litigating hundreds of class actions, the Firm has been named to
The National Law Journal's "Plaintiffs' Hot List" thirteen times
and listed in The Legal 500 for sixteen consecutive years.
Contact Information:
Peter Allocco, Esq.
Bernstein Liebhard LLP
https://www.bernlieb.com
Tel: (212) 951-2030
pallocco@bernlieb.com [GN]
PROGRESSIVE STEPS: Seeks Chapter 7 Bankruptcy in Maryland
---------------------------------------------------------
On November 24, 2025, Progressive Steps Inc. initiated Chapter 7
bankruptcy proceedings in the District of Maryland. The filing
indicates total debt of $100,001 to $1,000,000 owed to a creditor
group of 1–49 parties.
About Progressive Steps Inc.
Progressive Steps Inc. offers support services to help individuals
with developmental disabilities and behavioral health issues live
more independently. The company provides programs such as
residential assistance, skill-building activities, behavior support
services, and vocational training.
Progressive Steps Inc. sought Chapter 7 relief under the U.S.
Bankruptcy Code (Bankr. Case No. 25-21051) on November 24, 2025.
The company reports estimated assets between $0 and $100,000 and
liabilities between $100,001 and $1,000,000.
The case is assigned to Honorable Bankruptcy Judge Maria Ellena
Chavez-Ruark.
The Debtor is represented by Steven H. Greenfeld, Esq. of the Law
Offices of Steven H. Greenfeld, LLC.
PROSPECT MEDICAL: Court OKs Additional DIP Loan From MPT
--------------------------------------------------------
Prospect Medical Holdings, Inc. and affiliates got the green light
from the U.S. Bankruptcy Court for the Northern District of Texas,
Dallas Division, to obtain additional debtor-in-possession
financing from MPT TRS Lender PMH, LLC.
The court approved the additional loan, which consists of a single
draw secured new money term loan of $15 million available
immediately upon execution of the amended DIP term loan agreement;
and a multi-draw secured new money term loan of up to $10 million
available after the initial $15 million loan has been funded,
subject to certain conditions.
The Debtors may access the $10 million loan in tranches if their
projected cash falls below a defined threshold, enabling them to
manage week-to-week liquidity while completing critical tasks.
Obligations under the amended DIP term loan agreement will be
secured by liens in the collateral and constitute superpriority
administrative expense claims pursuant to Section 364(c)(1) of the
Bankruptcy Code.
At MPT's option, the facility may also increase the original
backstop facility by an amount equal to the outstanding obligations
under the new loans, creating an incremental backstop tranche to
support plan effectiveness.
According to the Debtors, access to the additional DIP financing is
essential to preserve the value of the Debtors' estates and avert
an imminent liquidity crisis that would threaten patient care,
employee compensation, hospital operations, the closing of pending
sale transactions, and ultimately the Debtors' ability to confirm
and consummate a Chapter 11 plan.
The order is available at https://is.gd/9fBZ98 from
PacerMonitor.com.
From the outset of these cases, the Debtors anticipated the need
for substantial DIP financing and obtained multiple post-petition
credit facilities from various lenders including the $100 million
priming JMB DIP facility, the $90 million eCapital DIP facility,
and later the $25 million MPT junior DIP facility approved as part
of the Debtors' settlement with key parties.
As the cases evolved, however, the Debtors' liquidity needs
outpaced expectations, prompting further DIP amendments and
upsizes, including an additional senior DIP tranche from JMB and,
most recently, the first supplemental MPT DIP facility, which
increased the junior DIP by $55 million and provided an additional
contingent $25 million in commitments. Those funds enabled the
Debtors to pay off the JMB facilities in full and established an up
to $30 million exit facility (the original backstop facility) to
help ensure payment of administrative and priority claims upon plan
effectiveness. Despite these efforts, the Debtors now face a new,
acute liquidity crisis driven by a combination of progress in some
areas and severe setbacks in others.
Since obtaining the first supplemental MPT DIP facility, the
Debtors have achieved several significant milestones in these
Chapter 11 cases, including completing solicitation on their
Chapter 11 plan, securing court approval for the sale of their
California hospitals to NOR Healthcare Systems, winning approval of
the sale of their ECHN hospitals in Connecticut, and selecting
UCHCFC Waterbury Health Corp. as the stalking horse and ultimate
successful bidder for the Waterbury system. Nonetheless, several
unanticipated developments have derailed the expected confirmation
and emergence timeline.
Chief among these challenges is the prolonged failure of The
Centurion Foundation to close on the Debtors' Rhode Island hospital
system, a sale approved in February 2025 under the belief that
closing was imminent within 30 to 60 days. Instead, the Debtors
have operated the Rhode Island hospitals for more than eight months
post-approval, bearing substantial operating losses while awaiting
Centurion's performance.
With no closing in sight and faced with continued cash burn, the
Debtors were compelled to file the Rhode Island Transfer Motion
seeking authorization either to transfer the hospitals to the State
of Rhode Island or, alternatively, to close them safely and in
compliance with state regulatory requirements. Since filing that
motion, the Debtors and the Rhode Island Attorney General have been
collaborating intensively to identify a viable path forward,
including a possible alternative transaction. As an interim
measure, the Attorney General has agreed to provide access to up to
$3 million from the state's Hospital Fund to offset ongoing
operating losses while this process continues, but even with this
support, the Debtors urgently require additional financing to
maintain continuity of patient care and preserve the value of the
Rhode Island operations.
Parallel challenges have emerged in other areas. The timelines for
closing the California and Connecticut sales have extended beyond
initial projections, requiring the Debtors to continue funding
operations and transition planning longer than anticipated.
Meanwhile, the Debtors have been engaged in complicated,
time-consuming negotiations with their insurers over the structure
of the Chapter 11 plan and the treatment of more than 300
professional and general liability claims arising from prepetition
hospital operations. These insurance negotiations have been far
more protracted than expected, contributing to delays in plan
approval. Although the court has entered a lift stay order
authorizing claimants to liquidate their PL/GL claims and recover
solely from available insurance, the Debtors and insurers have yet
to finalize a comprehensive global resolution.
As a result of these combined delays, the Debtors adjourned their
plan confirmation hearing to December 12. But the Debtors' current
budget—shared with both MPT and the official committee of
unsecured creditors shows that they will run out of cash during the
week ending November 21 long before the new confirmation date.
To address this immediate and irreparable liquidity shortfall, the
Debtors have engaged in good-faith, arm's-length negotiations with
MPT that resulted in the additional new-money post-petition
financing from MPT.
About Prospect Medical Holdings
Prospect Medical Holdings owns Roger Williams Medical Center, Our
Lady of Fatima Hospital, and several other healthcare facilities.
Prospect Medical and its affiliates 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, Prospect listed assets and
liabilities between $1 billion and $10 billion each.
Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtors' general bankruptcy counsel is Sidley Austin LLP, led
by Thomas R. Califano, and Rakhee V. Patel, in Dallas, Texas; and
William E. Curtin, Patrick Venter, and Anne G. Wallice, in New
York.
Alvarez & Marsal North America, LLC, is the Debtors' financial
advisor; Houlihan Lokey, Inc., is the investment banker; and Omni
Agent Solutions, Inc., is the claims, noticing and solicitation
agent.
PROSPECT MEDICAL: Waterbury Hospital Sale to UCHCFC Waterbury OK'd
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Texas,
Dallas Division, has permitted Prospect Medical Holdings Inc. and
its affiliates, to sell Waterbury Assets, free and clear of liens,
claims, interests, and encumbrances.
Details of the Sale Transaction and the description of the Property
attached as Exhibit A can be found at
https://urlcurt.com/u?l=e6NSBO
The Court has authorized the Debtor to sell the Waterbury assets to
UCHCFC Waterbury Health Corp. in the final bid in the aggregate
cash amount of $9,000,000, subject to any adjustments under the
Real Property Agreement.
The Debtors have demonstrated good, sufficient, and sound business
purposes and justifications for
their sale of the Waterbury Real Property directly to the Real
Property Purchaser at the Closing in
accordance with the Real Property Agreement.
The Debtors have demonstrated good, sufficient, and sound business
purposes and justifications for consummation of the Waterbury Sale
Transaction pursuant to the Waterbury Asset Purchase Agreement
(APA).
The Purchase Price provided by the Purchasers (i) is fair,
reasonable, and adequate; (ii) constitutes reasonably equivalent
value and fair consideration under the Bankruptcy Code and under
the laws of the United States, any state, territory, possession, or
the District of Columbia.
The Debtors, the Purchasers, and their respective principals,
counsel, and advisors have negotiated, proposed, and entered into
the Transaction Documents (including the Waterbury APA and the Real
Property Agreement), and each of the transactions contemplated
therein in good faith, without collusion and from arm's-length
bargaining positions.
The Purchasers would not have entered into the Waterbury APA, the
MPT Agreement or the Real Property Agreement and would not
consummate the Waterbury Sale Transaction without entry of this
Sale Order approving the Waterbury Sale Transaction "Free and
Clear."
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.
PURCELL HOLDINGS: Seeks Chapter 11 Bankruptcy in Maryland
---------------------------------------------------------
On November 25, 2025, Purcell Holdings LLC sought Chapter 11
protection in the District of Maryland. According to court filings,
the Debtor reports between $100,001 and $1,000,000 in debt owed to
1–49 creditors.
About Purcell Holdings, LLC
Purcell Holdings LLC is a single asset real estate company.
Purcell Holdings LLC filed for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Md., Case No. 25-21113) on November 25,
2025. In its petition, the Debtor reports estimated assets of
$100,001–$1,000,000 and estimated liabilities of the same
amount.
Honorable Judge Lori S. Simpson handles the case.
PURE BIOSCIENCE: Appoints Jeffrey Kitchell as President
-------------------------------------------------------
PURE Bioscience, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that on November 19, 2025,
Jeffrey Kitchell has been appointed as the Company's President, in
addition to his ongoing responsibilities as the Company's Corporate
Secretary, effective as of November 17, 2025.
Robert Bartlett will continue as the Company's Chief Executive
Officer, principal executive officer and a member of the Company's
board of directors but stepped down from the position of President
effective as of the Effective Date.
Mr. Kitchell, 55, has served as the Company's Vice President of
Operations since April 2023. He also serves as the Company's
Corporate Secretary, a role he has had since 2019. Mr. Kitchell
oversees day-to-day operations, supports the Company's functions,
and implements new structures and processes. Mr. Kitchell has held
various roles since joining the Company in 2001. In his various
roles, he managed the Company's legal affairs and helped secure its
intellectual property. Before joining the Company, Mr. Kitchell
held various leadership roles in companies ranging from small to
large. Mr. Kitchell earned a Bachelor's Degree in Business
Administration from the University of Phoenix.
It is anticipated that Mr. Kitchell will enter into the Company's
standard form of indemnification agreement for the Company's
officers and participate in other compensation and benefit programs
generally available to the Company's executive officers. The terms
of Mr. Kitchell's employment with the Company otherwise remain
unchanged.
"These leadership appointments reinforce PURE's commitment to
fostering strong internal talent," said Mr. Bartlett. "Mr.
Kitchell's proven track record has been instrumental in advancing
our new vision and ongoing business transformation. Ms. Blount's
insight, dedication, and unwavering commitment to our mission have
been vital to guiding the Company through its evolution. Their
leadership will continue to support PURE's focus on innovation,
operational excellence, and long-term growth."
There are no arrangements or understandings between Mr. Kitchell
and any other persons pursuant to which he was named to this
position with the Company. There are no family relationships
between Mr. Kitchell and any of the Company's directors or
executive officers, and he has no direct or indirect material
interest in any transaction required to be disclosed pursuant to
Item 404(a) of Regulation S-K.
About PURE Bioscience
Headquartered in El Cajon, California, PURE Bioscience, Inc. --
http://www.purebio.com/-- is dedicated to developing and
commercializing proprietary antimicrobial products that address
health and environmental challenges related to pathogen and
hygienic control. The Company's technology platform is based on
patented stabilized ionic silver, and its initial products contain
Silver Dihydrogen Citrate, or SDC. This broad-spectrum, non-toxic
antimicrobial agent is available in liquid form and various
concentrations, distinguished by its superior efficacy, reduced
toxicity, non-causticity, and the inability of bacteria to develop
resistance.
As of June 30, 2025, the Company had $1,058,000 in total assets,
$6,174,000 in total liabilities, and $5,116,000 in total
stockholders' deficiency.
Los Angeles, California-based Weinberg & Company, P.A., the
Company's auditor since 2019, issued a "going concern"
qualification in its report dated October 29, 2025, attached to the
Company's Annual Report on Form 10-K for the year ended July 31,
2025, citing that the Company has suffered recurring losses from
operations and negative cash flows from operating activities, and
has a stockholders' deficiency at July 31, 2025. These factors
raise substantial doubt about the Company's ability to continue as
a going concern.
PYRAMID HOUSE: Leo Congeni Named Subchapter V Trustee
-----------------------------------------------------
The Acting U.S. Trustee for Region 5 appointed Leo Congeni, Esq.,
at Congeni Law Firm, LLC as Subchapter V trustee for Pyramid House,
LLC.
Mr. Congeni 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. Congeni declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Leo D. Congeni
CONGENI LAW FIRM, LLC
650 Poydras Street, Suite 2750
New Orleans, LA 70130
Telephone: 504-522-4848
Facsimile: 504-910-3055
Email: leo@congenilawfirm.com
About Pyramid House LLC
Pyramid House LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. La. Case No. 25-12813) on November 19,
2025, listing between $1 million and $10 million in assets and
between $500,001 and $1 million in liabilities.
Judge Meredith S. Grabill presides over the case.
Edwin M. Shorty, Jr., Esq. represents the Debtor as legal counsel.
QHSLAB INC: Retires Convertible Notes, Strengthens Balance Sheet
----------------------------------------------------------------
QHSLab, Inc. on November 24, 2025, issued a shareholder letter
highlighting the strongest operational and financial updates in the
Company's history with the filing of its latest 10-Q and recent 8-K
on November 18, 2025.
QHSLab says its revenue growth is accelerating, gross margins are
expanding, and the balance sheet has been significantly
strengthened. Even more importantly, the major source of historical
dilution pressure has been eliminated.
Key Highlights:
-- For the first nine months of 2025, QHSLab generated $1.99
million in revenue, up from $1.51 million in the same period last
year.
-- Gross profit rose sharply to $1.32 million, demonstrating
both improved efficiency and the increasing value of the Company's
platform.
-- Unaudited October revenue reached approximately $285,327,
setting the Company at an annualized run rate of more than $3.4
million with revenues for 2026 already surpassing 2025 with two
months to go.
This marks a powerful acceleration of growth and showcases the
increasing demand for QHSLab's digital medicine ecosystem, the
Company says.
Management fully expects these unaudited results to be confirmed,
and the Company believes this momentum is a preview of where the
Company is heading in 2026.
-- Retirement of the two outstanding convertible notes:
Following the end of the quarter, QHSLab executed one of its most
important strategic actions to date: the full retirement of the two
outstanding convertible notes, originally issued in 2021 and 2022.
These notes were overdue, accruing 18% annual interest, and
represented a potential conversion into millions of low-priced
shares at $0.20 per share.
With this single action, QHSLab:
* Removed over $1.4 million in liabilities
* Erased a massive dilution overhang
* Protected shareholders from millions of potential new shares
hitting the market
* Strengthened the balance sheet heading into 2026
* Preserved the integrity of our share structure at a critical
moment in our growth curve
For retail investors, this is a major turning point: the largest
structural risk in the stock is no longer present.
It is worth noting that the Company's active DTC trading float is
just 2,429,525 shares--an unusually tight structure for a company
entering a growth phase.
Positioned for a Strong 2026:
With the QHSLab's cleaner capital structure, improved cost profile,
and accelerating revenue base, QHSLab is entering 2026 with
meaningful momentum.
The Company's focus includes:
* Scaling recurring digital-health revenues
* Expanding relationships in primary care and behavioral
health
* Growing adoption of its cognitive, population-health, and
allergy solutions
* Enhancing operational efficiency and cash flow
* Advancing new strategic opportunities that support long-term
value creation
Troy Grogan, President and CEO of QHSLab, stated: "Everything we
are doing--from strengthening the balance sheet to expanding our
digital platform--is aimed at positioning QHSLab to deliver
long-term value and drive shareholder return. Of course, there are
always risks and challenges to overcome, nevertheless, the
trajectory we set in 2025 lays a strong foundation for what we
believe can be a pivotal year ahead."
"Thank you for your support and engagement. QHSLab is building
something meaningful, and we look forward to continuing this
momentum into 2026 and beyond."
A full-text copy of the Company's letter filed on Form 8-K with the
Securities and Exchange Commission is available at
https://tinyurl.com/3dpzxdf8
About QHSLab, Inc.
Beach, Fla.-based QHSLab, Inc. is a medical device technology and
software-as-a-service company focused on enabling primary care
physicians to increase their revenues by providing them with
relevant, value-based tools to evaluate and treat chronic disease
as well as provide preventive care through reimbursable
procedures.
Tampa, Fla.-based Astra Audit & Advisory LLC, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated Mar. 28, 2025, citing that the Company has only recently
operated profitably, is highly leveraged and has only recently
begun to generate cash from operations. These conditions raise
substantial doubt about its ability to continue as a going
concern.
As of September 30, 2025, the Company had $1,734,624 in total
assets, $2,345,536 in total liabilities, and $610,912 in total
stockholders' deficit.
RANAL INC: Seeks Chapter 7 Bankruptcy in Illinois
-------------------------------------------------
On November 19, 2025, Ranal Incorporated filed for Chapter 7
protection in the Northern District of Illinois. According to court
filings, the Debtor reports between $0–$100,000 in debt owed to
1–49 creditors.
About Ranal Incorporated
Ranal Incorporated delivers engineering, technology, and automation
services to industrial and manufacturing clients across multiple
sectors. Its capabilities range from product design and modeling to
digital transformation, enterprise software, and robotics
integration.
Ranal Incorporated sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill., Case No. 25-17883) on November
19, 2025. In its petition, the Debtor reports estimated assets of
$0–$100,000 and estimated liabilities of $0–$100,000.
Honorable Bankruptcy Judge Janet S. Baer handles the case.
The Debtor is represented by Michael Maksimovich, Esq.
RAZZOO'S INC: Committee Hires Dykema Gossett as Counsel
-------------------------------------------------------
The official committee of unsecured creditors of Razzoo's, Inc. and
its affiliates seeks approval from the U.S. Bankruptcy Court for
the Southern District of Texas to employ Dykema Gossett, PLLC as
counsel.
The firm will provide these services:
a. advise the Committee with respect to its rights, duties, and
powers in these Chapter 11 Cases;
b. participate in in-person and telephonic meetings of the
Committee and subcommittees formed thereby, if any;
c. assist and advise the Committee in its meetings and
negotiations with the Trustee and other parties in interest
regarding these Chapter 11 Cases;
d. assist the Committee in analyzing claims asserted against,
and interests in, the Debtors, and in negotiating with the holders
of such claims and interest and bringing, or participating in,
objections or estimation proceedings with respect to such claims
and interests;
e. assist the Committee in analyzing the Debtors' assets and
liabilities, including in its review of the Debtors' Schedules of
Assets and Liabilities, Statements of Financial Affairs, and other
reports prepared by the Debtor, investigating the extent and
validity of liens and participating in and reviewing any proposed
transfer, sale, or disposition of the Debtors' assets, financing
arrangements, and cash collateral stipulations or proceedings;
f. assist the Committee in its investigation of the acts,
conduct, assets, liabilities, management, and financial conditions
of the Debtors, the Debtors' historic and ongoing operations of its
business, and any other matters relevant to these Chapter 11
Cases;
g. assist the Committee in its analysis of, and negotiations
with the Debtors or any third party related to, financing, asset
disposition transactions, and compromises of controversies,
reviewing and determining the Debtors' rights and obligations under
leases and executory contracts, and assisting, advising, and
representing the Committee in any manner relevant to the assumption
and rejection of executory contracts and unexpired leases;
h. assist the Committee in its analysis of, and negotiations
with, the Debtors or any third party related to, the formulation,
confirmation, and implementation of a chapter 11 plan and all
documentation related thereto (including the disclosure
statement);
i. assist, advise, and represent the Committee in understanding
its powers and duties under the Bankruptcy Code and the Bankruptcy
Rules and in performing other services as are in the interests of
those represented by the Committee;
j. assist and advise the Committee with respect to
communications with the general creditor body regarding significant
matters in these Chapter 11 Cases;
k. respond to inquiries from individual creditors as to the
status of, and developments in, these Chapter 11 Cases;
l. represent the Committee at hearings and other proceedings
before the Court and other courts or tribunals, as appropriate;
m. review and analyze complaints, motions, applications, orders,
and other pleadings filed with the Court, and advise the Committee
with respect to formulating positions with respect, and filing
responses, thereto;
n. assist the Committee in its review and analysis of, and
negotiations with the Debtors and their non-Debtor affiliates
related to intercompany claims and transactions;
o. review and analyze third-party analyses and reports prepared
in connection with the Debtors' potential claims and causes of
action, advise the Committee with respect to formulating positions
thereon, and perform such other diligence and independent analysis
as may be requested by the Committee;
p. advise the Committee with respect to applicable federal and
state regulatory issues, as such issues may arise in these Chapter
11 Cases;
q. assist the Committee in preparing pleadings and applications,
and pursuing or participating in adversary proceedings, contested
matters, and administrative proceedings as may be necessary or
appropriate in furtherance of the Committee's duties;
r. take all necessary or appropriate actions as may be required
in connection with the administration of the Debtors' estates,
including with respect to a chapter 11 plan and related disclosure
statement; and
s. perform such other legal services as may be necessary or as
may be requested by the Committee in accordance with the
Committee's powers and duties as set forth in the Bankruptcy Code.
The firm will be paid at these rates:
William Hotze, Member $750 per hour
Nicholas Zugaro, Senior Counsel $715 per hour
Dominique A. Douglas, Associate $515 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Hotze disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
William J. Hotze, Esq.
Dykema Gossett PLLC
1401 McKinney Street, Suite 1625
Houston, TX 77010
Telephone: (713) 904-6959
Facsimile: (855) 227-4720
Email: WHotze@dykema.com
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 Razzoo's Holdings, Inc. filed their voluntary
petitions for Chapter 11 protection (Bankr. S.D. Tex. Lead Case No.
25-90522) on Sept. 30, 2025, listing as much as 10 million to $50
million in both assets and liabilities. Philip Parsons, chief
executive officer, signed the petitions. The case is jointly
administered in Case No. 25-90522.
Judge Alfredo R. Perez oversees the case.
The Debtors tapped Okin Adams Bartlett Curry LLP as counsel; Stout
Capital, LLC as investment banker; and Stout Risius Ross, LLC as
financial advisor. Donlin, Recano & Company, LLC is the Debtors'
claims and noticing agent.
REBORN COFFEE: Widens Net Loss $3.4 Million in 2025 Q3
------------------------------------------------------
Reborn Coffee, Inc. filed with the U.S. Securities and Exchange
Commission its Quarterly Report on Form 10-Q reporting a net loss
of $3.4 million for the three months ended September 30, 2025,
compared to a net loss of $719,748 for the three months ended
September 30, 2024.
For the nine months ended September 30, 2025, the Company reported
a net loss of $11 million, compared to a net loss of $3 million for
the same period in 2024.
Total net revenues for the three months ended September 30, 2025
and 2024, were $1.4 million and $1.3 million, respectively. For
the nine months ended September 30, 2025 and 2024, the Company had
total net revenues of $4.9 million and $4.1 million, respectively.
As of September 30, 2025, the Company had $6.2 million in total
assets, $9.6 million in total liabilities, and $3.4 million in
total stockholders' deficit.
The Company has an accumulated deficit of $32.5 million as of
September 30, 2025.
Management intends to raise additional operating funds through
equity and/or debt offerings. However, there can be no assurance
management will be successful in its endeavors.
There are no assurances that the Company will be able to either:
(1) achieve a level of revenues adequate to generate
sufficient cash flow from operations; or
(2) obtain additional financing through either private
placement, public offerings, and/or bank financing necessary to
support its working capital requirements.
To the extent that funds generated from operations and any private
placements, public offerings, and/or bank financing are
insufficient, the Company will have to raise additional working
capital. No assurance can be given that additional financing will
be available, or if available, will be on terms acceptable to the
Company. If adequate working capital is not available to the
Company, it may be required to curtail or cease its operations.
Due to uncertainties related to these matters, there exists
substantial doubt about the ability of the Company to continue as a
going concern.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/mt9k3d96
About Reborn Coffee
Brea, Calif.-based Reborn Coffee, Inc. (NASDAQ: REBN) --
https://www.reborncoffee.com/ -- is focused on serving high
quality, specialty-roasted coffee at retail locations, kiosks, and
cafes. Reborn is an innovative company that strives for constant
improvement in the coffee experience through exploration of new
technology and premier service, guided by traditional brewing
techniques. Reborn differentiates themselves from other coffee
roasters through innovative techniques, including sourcing,
washing, roasting, and brewing their coffee beans with a balance of
precision and craft.
Irvine, Calif.-based BCRG Group, 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 year ended Dec. 31, 2024, citing that the Company's significant
operating losses raise substantial doubt about its ability to
continue as a going concern. Reborn incurred recurring net losses,
including net losses from operations before income taxes of $4.8
million and $4.7 million for the years ended December 31, 2024 and
2023, respectively. It used $3.5 million and $3.2 million cash for
operating activities during the years ended December 31, 2024 and
2023, respectively.
As of June 30, 2025, the Company had $6.4 million in total assets
against $8.3 million in total liabilities, and $1.9 million in
total stockholders' deficit.
RITE AID: Bankruptcy Nears Close as DOJ Settlement Looms
--------------------------------------------------------
Randi Love of Bloomberg Law reports that Rite Aid is moving closer
to securing court approval for its bankruptcy wind-down plan as it
finalizes a last-minute agreement to address the Justice
Department's objections. The proposed liquidation had faced
resistance from landlords, pension funds, insurers, and the DOJ's
bankruptcy monitoring unit, the U.S. Trustee, ahead of a hearing.
Company attorney Sean Mitchell of Paul, Weiss, Rifkind, Wharton &
Garrison LLP said during a Tuesday hearing that Rite Aid has
reached multiple settlements that are now being formalized. These
agreements will be reflected in a proposed order to be filed
shortly, clearing the way for the company’s plan to proceed, the
report cites.
About Rite Aid
Rite Aid is a full-service pharmacy committed to improving health
outcomes. Rite Aid is defining the modern pharmacy by meeting
customer needs with a wide range of solutions that offer
convenience, including retail and delivery pharmacy, as well as
services offered through the Company's wholly owned subsidiary
Bartell Drugs. On the Web: http://www.riteaid.com/
Rite Aid and certain of its subsidiaries previously filed for
chapter 11 bankruptcy in October 2023 and emerged from bankruptcy
in August 2024.
On May 5, 2025, New Rite Aid, LLC and its subsidiaries, including
Rite Aid Corporation, commenced voluntary Chapter 11 proceedings
(Bankr. D.N.J. Lead Case No. 25-14861). As of the 2025 bankruptcy
filing date, Rite Aid operates 1,277 stores and 3 distribution
centers in 15 states and employs approximately 24,500 people. Rite
Aid is using the Chapter 11 process to pursue a sale of its
prescriptions, pharmacy and front-end inventory, and other assets.
The cases are being administered by the Honorable Michael B.
Kaplan.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
advisor, Guggenheim Securities, LLC is serving as investment
banker, and Alvarez & Marsal is serving as financial advisor to the
Company. Joele Frank, Wilkinson Brimmer Katcher is serving as
strategic communications advisor to the Company.
Kroll is the claims agent and maintains the page
https://restructuring.ra.kroll.com/RiteAid2025
Bank of America, N.A., as DIP Agent, is represented by lawyers at
Greenberg Traurig, LLP; and Choate Hall & Stewart LLP.
ROADRUNNER SCOOTERS: Mark Dennis Named Subchapter V Trustee
-----------------------------------------------------------
The Acting U.S. Trustee for Region 19 appointed Mark Dennis, a
certified public accountant at SL Biggs, as Subchapter V trustee
for RoadRunner Scooters, LLC.
Mr. Dennis will be paid an hourly fee of $475 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Dennis declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Mark D. Dennis, CPA
SL Biggs, A Division of SingerLewak, LLP
2000 S. Colorado Blvd., Tower 2, Ste. 200
Denver, CO 80222
Phone: 303-226-5471
Email: mdennis@slbiggs.com
About RoadRunner Scooters LLC
RoadRunner Scooters, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D. Colo. Case No.
25-17643) on November 20, 2025, listing between $100,001 and
$500,000 in assets and between $1 million and $10 million in
liabilities.
Judge Joseph G. Rosania Jr. presides over the case.
Jonathan Dickey, Esq., at Kutner Brinen Dickey Riley, P.C.
represents the Debtor as legal counsel.
RUNITONETIME LLC: Court OKs Casino Assets Sale to Multiple Buyers
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Texas,
Houston Division, has approved RunItOneTime LLC and its affiliates,
to sell Z Stop, Wendover City Casinos, and Center City Casinos,
free and clear of liens, claims, interests, and encumbrances.
The Debtors are a privately held gaming and entertainment company
focused on acquiring undervalued gaming assets and implementing
operational changes to improve profitability. The Debtors own and
operate a portfolio of casinos, card rooms, hotels, and other
gaming- and hospitality-related assets across Washington State,
Nevada, and Colorado, including 17 card rooms in Washington State
and several casinos and hotels in Nevada and Colorado, reflecting a
total of approximately 2,500 slot machines, 320 table games, 1,200
hotel rooms, and 30 restaurants. The Debtors' operating businesses
also include the EGads! 'fabrication and installation business, a
gaming and hospitality industry leader in the design, fabrication,
assembly and installation of casino interiors, custom signage,
lighting, and architectural treatments, and the Utah Trailways
charter company, which facilitates customer gaming excursions from
Salt Lake City, Utah, to the Debtors' operating properties in
Wendover, Nevada.
The Debtor seeks to sell tangible and intangible operating assets
constituting or used in connection
with the "Z Stop" gas station and underlying real property located
at 1351 Colorado Highway 119, Golden, CO 80403; the Debtors'
casinos and businesses operating under the names Grand Z Casino
Hotel, Wendover Nugget Hotel & Casino, Red Garter Hotel & Casino,
and Dragon Tiger Casino; the real property identified as the High
Desert Inn located at 3015 Idaho Street, Elko, NV 89801; and the
vacant parcel identified by Tax Parcel ID No. 010-740-115 located
in West Wendover, Nevada 89883.
The Debtors are authorized and directed to enter into and perform
under the APA. The Debtors, the Credit Bid Party, and the Buyers
are hereby authorized and directed to take any and all actions
necessary or appropriate and consistent with the parties'
respective rights and obligations under the APA and Sale Order.
The Debtors have articulated good and sufficient business reasons
for the Court to authorize the Debtors' entry into the Asset
Profile Agreement (APA) and consummation of the Sale Transaction
including the sale of the Acquired Assets to the Buyers pursuant to
the terms of the APA and subject to the terms of this Sale Order.
The Buyers and the DIP Secured Parties have agreed to a settlement
in principle pursuant to which, upon closing of the Sale
Transaction and prior to the dismissal of the Chapter 11 Cases, the
Buyers shall contribute $1.5 million of cash, certain estate causes
of action, and Avoidance Actions to a trust or another entity as
bailee for the benefit of certain general unsecured creditors
subject to the terms of a settlement order or other documentation
to be mutually agreed and negotiated in good faith and approved by
the Court.
All interested parties were provided with timely and proper notice
of the identity of the Credit Bid Party, the Buyers, the terms of
the APA, the Sale Transaction, and the relevant deadlines related
thereto, in accordance with the requirements of the Bidding
Procedures Order.
The Debtors have demonstrated compelling circumstances and a good,
sufficient, and sound business purpose for the sale outside of the
ordinary course of business.
The Bidding Procedures were substantively and procedurally fair to
all parties and all potential bidders, afforded notice and a full,
fair, non-collusive and reasonable opportunity for any person to
make a higher or otherwise better offer to the Acquired Assets.
There is no evidence before the Court of any collusion in
connection with the Acquired Assets during the sale process.
There is no evidence that the Debtors, the Buyers, or the Credit
Bid Party engaged in any conduct that would cause or permit the APA
or the consummation of the Sale Transaction to be avoided, or costs
or damages to be imposed.
The Buyers are designees of the Credit Bid Party that joined the
APA as "Buyers." Under the APA, the Credit Bid Party, at the
direction of the Required DIP Lenders, has agreed to designate the
Buyers to purchase the Acquired Assets. The Credit Bid Party and
the Buyers are acting on behalf of the Required DIP Lenders, which
constitute the requisite DIP Lenders under the DIP Credit
Agreement.
The Credit Bid Party, the Buyers, Marnell OpCo, and each of the
foregoing parties’ affiliates will not be subject to any
successor or vicarious liabilities whatsoever with respect to the
operation of the Debtors’ business before the Closing Date or by
reason of such transfer under the laws of the United States, any
state, territory, or possession thereof, or any other applicable
law, based on, in whole or in part, directly or indirectly, any
theory of law or equity including any theory of antitrust or
successor or transferee liability.
There is no evidence that the Debtors, the Buyers, or the Credit
Bid Party engaged in any conduct that would cause or permit the APA
or the consummation of the Sale Transaction to be avoided, or costs
or damages to be imposed.
The Bidding Procedures utilized by the Debtors with respect to the
Sale Transaction are hereby ratified and were appropriate under the
circumstances to maximize the value obtained from the Sale
Transaction for the benefit of the estates.
The DIP Agent was authorized under the DIP Credit Agreement to
follow the directions of the Required DIP Lenders in submitting the
Credit Bid Amount and the Credit Bid Party is further authorized to
follow the directions of the Required DIP Lenders to designate the
Buyers to receive the Acquired Assets and assume or assign the
Assumed Liabilities.
The DIP Agent shall effectuate reduction of the aggregate
outstanding principal amount of the DIP Obligations by the Credit
Bid Amount, and the remaining DIP Obligations after reduction for
the Credit Bid Amount shall remain outstanding as claims against
the Debtors secured by the Excluded Assets, as defined in the APA,
to the extent set forth in the DIP Credit Agreement.
The Buyers and Marnell OpCo are "good faith" purchasers of the
Acquired Assets entitled to all the protections and benefits
afforded by section 363(m) of the Bankruptcy Code.
The Purchase Price shall be deemed for all purposes to constitute
reasonably equivalent value and fair consideration under the
Bankruptcy Code and any other applicable law, and the Sale
Transaction of the Acquired Assets may not be avoided, or costs or
damages imposed or awarded under section 363(n) of the Bankruptcy
Code.
The aggregate consideration for the purchase and sale of the
Acquired Assets will be equal to an amount calculated as follow:
a. a decrease in the amount of obligations due under the DIP
Facility by an amount equal to $2,500,000 of the New Money DIP
Loans and $60,000,000 of the Roll-Up DIP Loans, pursuant to
irrevocable instruction letters in a form reasonably acceptable to
Buyers, which Credit Bid Amount shall be allocated to each Closing.
b. plus the assumption of Cure Costs for payment in the ordinary
course of business or consent to the payment of Cure Costs from the
DIP Collateral.
c. plus the assumption by the applicable Buyers or Asset Assignees
of the Assumed Liabilities.
About RunItOneTime LLC
RunItOneTime LLC, formerly known as Maverick Gaming LLC,
headquartered in Kirkland, Washington, is a regional casino and
cardroom operator across Washington State, Nevada, and Colorado.
The company operates a portfolio of 31 properties, with 1,800 slot
machines, 350 table games, 1,020 hotel rooms, and 30 restaurants.
Maverick was founded in 2017 by Eric Persson and Justin Beltram,
who hold over 70% ownership in the company.
RunItOneTime LLC and 67 affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90191) on
July 14, 2025. In its petition, RunItOneTime estimated assets and
liabilities between $100 million and $500 million each.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Latham & Watkins LLP as counsel; and Hunton
Andrews Kurth LLP, as bankruptcy co-counsel. The Debtors also
engaged GLC Advisors & Co., LLC and GLC Securities, LLC, as
investment banker, and Triple P TRS, LLC as financial advisor. The
Debtors' tax advisor is KPMG LLP.
RUNITONETIME LLC: Court OKs Casino Assets Sale to TIL Gaming
------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Texas,
Houston Division, has approved RunItOneTime LLC and its affiliates,
to sell Casino Assets, free and clear of liens, claims, interests,
and encumbrances.
The Debtors are a privately held gaming and entertainment company
focused on acquiring undervalued gaming assets and implementing
operational changes to improve profitability. The Debtors own and
operate a portfolio of casinos, card rooms, hotels, and other
gaming- and hospitality-related assets across Washington State,
Nevada, and Colorado, including 17 card rooms in Washington State
and several casinos and hotels in Nevada and Colorado, reflecting a
total of approximately 2,500 slot machines, 320 table games, 1,200
hotel rooms, and 30 restaurants. The Debtors' operating businesses
also include the EGads! 'fabrication and installation business, a
gaming and hospitality industry leader in the design, fabrication,
assembly and installation of casino interiors, custom signage,
lighting, and architectural treatments, and the Utah Trailways
charter company, which facilitates customer gaming excursions from
Salt Lake City, Utah, to the Debtors' operating properties in
Wendover, Nevada.
The Debtors are initiating a marketing and sale process their
Assets, which comprise three principal segments:
(a) "PokerCo" to be composed of Aces Poker Lakewood, Aces Poker
Mountlake Terrace, Caribbean Casino, Caribbean Cardroom, including
working capital required to operate the businesses (to the extent
available);
(b) "LeaseCo" to be composed of the Debtors' properties subject to
the Blue Owl Master Lease, and, subject to and in accordance with
notice issued on the LeaseCo Marketing Determination Date,
non-PokerCo Washington properties subject to leases with other
landlords; and
(c) 'MainCo" to be composed of the remainder of the Debtors'
existing businesses, interests, and tangible and intangible
assets.
The Court has authorized the Debtor to sell the Assets to TIL
Gaming Bidco LLC, a Washington limited liability company.
The sale of the Acquired Assets and the Asset Purchase Agreement
(APA) was negotiated by the
Debtors and Buyer without collusion, in good faith, and from
arm’s length bargaining positions.
Buyer is not an alter-ego of, or a successor to, or a mere
continuation of or substantial continuation of any Debtor or its
estate, and there is no continuity of enterprise between Buyer and
the Debtors as a result of the consummation of the Sale
Transaction.
The Debtors' determination that the Sale Transaction with Buyer
provides the highest or otherwise best offer for the Acquired
Assets and to pursue consummation of the Sale Transaction and in
the APA, each constitutes a reasonable exercise of business
judgment.
The Buyer shall be authorized, as of the Closing, to operate under
any license, permit, approval, certificate of occupancy,
authorization, operating permit, registration, plan, and the like
of any governmental unit related to the Acquired Assets or held by
the Debtors' estates, subject only to further consent or
authorization as may be required by any such governmental unit to
effect such transfer and maintain such related authorization.
The aggregate consideration for the purchase and sale of the
Acquired Assets will be equal to an amount calculated as follows:
(1) (a) $1,138,000.00 for the Business; plus (b) the applicable
Cure Costs; plus (c) the Net Working Capital Adjustment Amount
(which may be a positive or negative number); plus (d) the
assumption by Buyer of the applicable Assumed Liabilities; and
(2) plus (a) $100,000.00 for the Sonoma Assets; plus (b) the
assumption by Buyer of the Sonoma Debt; plus (c) the applicable
Cure Costs; plus (d) the assumption by Buyer of the applicable
Assumed Liabilities.
About RunItOneTime LLC
RunItOneTime LLC, formerly known as Maverick Gaming LLC,
headquartered in Kirkland, Washington, is a regional casino and
cardroom operator across Washington State, Nevada, and Colorado.
The company operates a portfolio of 31 properties, with 1,800 slot
machines, 350 table games, 1,020 hotel rooms, and 30 restaurants.
Maverick was founded in 2017 by Eric Persson and Justin Beltram,
who hold over 70% ownership in the company.
RunItOneTime LLC and 67 affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90191) on
July 14, 2025. In its petition, RunItOneTime estimated assets and
liabilities between $100 million and $500 million each.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Latham & Watkins LLP as counsel; and Hunton
Andrews Kurth LLP, as bankruptcy co-counsel. The Debtors also
engaged GLC Advisors & Co., LLC and GLC Securities, LLC, as
investment banker, and Triple P TRS, LLC as financial advisor. The
Debtors' tax advisor is KPMG LLP.
S & S SERVICES: Files Emergency Bid to Use Cash Collateral
----------------------------------------------------------
S & S Services, LLC asks the U.S. Bankruptcy Court for the Middle
District of Alabama for authority to use cash collateral and
provide adequate protection.
The Debtor, which operates an HVAC sales, repair, and installation
business, argues that bankruptcy protection became necessary after
aggressive collection efforts by vendors and that continued
operations require immediate access to cash collateral.
The company has employees owed post-petition wages, approximately
$7,000 in associated tax obligations, and less than $2,000 in
accrued communication and utility expenses, all of which must be
paid to preserve operations.
As of the petition date, the Debtor held about $42,000 in bank
deposits and roughly $200,000 in accounts receivable, half of which
it expects to collect, with monthly income projected at $150,000.
Several entities—Midwest Business Capital, John Deere Financial,
and the SBA—may claim security interests in this collateral based
on UCC filings, though the Debtor reserves the right to challenge
the validity and extent of those liens.
The Debtor argues that the inability to use cash collateral would
cause immediate and irreparable harm and undermine reorganization
efforts. Citing Eleventh Circuit precedent emphasizing preservation
of going-concern value, the Debtor requests authorization to use
cash for payroll, taxes, insurance, fuel, supplies, and other
ordinary business expenses, and proposes providing adequate
protection through replacement liens on post-petition receivables
and cash flow.
The Debtor also seeks authorization for banks to honor checks and
transfers issued in the ordinary course and notes that a 13-week
budget will be supplemented.
A copy of the motion is available at https://urlcurt.com/u?l=2ZHdSR
from PacerMonitor.com.
About S & S Services, LLC
S & S Services, LLCoperates an HVAC sales, repair, and installation
business.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Ala. Case No. 25-32758) on November
14, 2025. In the petition signed by Kevin R. Henderson, managing
and sole member, the Debtor disclosed up to $1 million in both
assets and liabilities.
Judge Christopher L. Hawkins oversees the case.
Anthony Brian Bush, Esq., at The Buseh Law Firm, represents the
Debtor as legal counsel.
SANDISK CORP: Fitch Affirms BB LongTerm IDR, Outlook Stable
-----------------------------------------------------------
Fitch Ratings has affirmed Sandisk Corp.'s Long-Term Issuer Default
Rating (IDR) at 'BB' and first-lien senior secured rating at 'BBB-'
with a Recovery Rating of 'RR1'. The Outlook is Stable. The ratings
and Outlook reflect excess bit-demand, which strengthened FCF and
increased financial flexibility after the company's separation from
Western Digital Corp., enabling it to reduce debt and reach its net
cash position ahead of target.
Key Rating Drivers
Conservative Capitalization: Sandisk is conservatively capitalized
for the rating, allowing the company to maintain EBITDA leverage in
the 1.0x-4.0x range through the cycle. Since the Feb. 21, 2025
separation, with $2.0 billion of debt incurred to fund a dividend
to Western Digital, Sandisk has reduced debt by $600 million with
FCF to $1.4 billion. This supports the company's ability to sustain
EBITDA leverage within its 3.5x negative rating sensitivity amid a
moderate and more protracted industry downturn. Positive FCF should
add to Sandisk's net cash position and increase the company's
flexibility to invest in innovation and additional capacity.
Low but Strengthening Profitability: Profit margins should continue
to strengthen from lows reached during the historic inventory
correction of fiscal years 2023-2024, but could remain below memory
and disk drive peers. Excess bit-demand and rapidly increasing mix
of higher margin BiCS8 product sales should drive adjusted gross
profit margin expansion to over 40% nearer term. However, Fitch
expects inevitable industry supply additions to moderate gross
margins to the mid-30% average through the cycle. Lower inventory
days will also drive higher FCF margins through the cycle, with the
average potentially approaching Fitch's mid-single digit positive
rating sensitivity.
Cyclical Operating Results: Sandisk's operating results will remain
cyclical relative to memory and disk drive peers absent meaningful
consolidation in the NAND-flash industry. A handful of NAND-flash
suppliers represent 90% of the NAND market, but aggregate industry
supply additions drive NAND prices, and ultimately, revenue and
profitability. The 2023 downturn was the most severe in industry
history and may have been an aberration, but Fitch expects more
typical inventory corrections to persist and inefficiencies related
to supply-chain regionalization and trade policies to heighten
cyclicality.
Reliance on Strategic JV: Fitch believes the joint venture (JV)
with Kioxia, Flash Ventures, to be essential to Sandisk's ability
to source NAND at favorable economics. Flash Ventures is among the
longest-tenured JVs in the technology sector and has not
experienced financial distress. However, any limitations on
availability at the JV or deterioration could materially affect
Sandisk's operating performance. Meanwhile, Sandisk's obligation to
fund roughly half of the JV's fixed expenses and capital
expenditures and to guarantee certain of the JV's operating leases
represents potentially significant cash calls.
China Opportunity and Risk: Fitch believes the U.S.-China trade
conflict represents both opportunity and risk for Sandisk.
Positively, Fitch believes U.S. export controls on shipments of
leading-edge semiconductor capital equipment to Chinese providers
will have the practical effect of constraining China's ability to
produce leading-edge memory products over at least the near to
medium term. Conversely, tariffs may yet dampen global trade while
retaliatory actions by China have the potential to restrict sales
to customers in China, to which Sandisk has some but not
significant exposure.
Limited Diversification: Sandisk's focus on NAND flash-based
products limits revenue diversification and amplifies operating
cyclicality. Client and consumer segments still represent nearly
90% of revenue but sales to cloud customers, which are driven by
robust AI infrastructure demand, should accelerate and increase
from 12% of the mix for the quarter ended Oct. 3, 2025. At the same
time, Sandisk will increase the company's dependence upon
hyperscalers, which are driving the vast majority of AI
infrastructure spending and is a trend that is similarly impacting
the company's memory and disk drive peers.
Significant Technology Risk: Technology risk will remain
significant, driven by ongoing technology transitions in
manufacturing flash memory. Meaningful new product introduction
delays, driven by lagging technology, would result in market share
losses and significantly lower profitability from average selling
price reductions. Additionally, Sandisk's JV provides a
risk-sharing framework that should limit the impact of technology
delays and reduce capital contributions for supply additions.
Peer Analysis
Fitch assesses Sandisk as well positioned at mid-'BB' range due to
its debt reduction but notes the company's industry structure,
ongoing cyclicality and lower profitability relative to its
competitors. As Sandisk strengthens its profitability and FCF, the
company should be increasingly aligned with its JV partner, Kioxia
Holdings Corp. (BB+/Stable).
Sandisk's exclusive focus on NAND-based products results in weaker
diversification than its peers, including Micron Technology, Inc.
(BBB/Stable) and SK hynix Inc. (BBB/Positive), which have
significant exposure to DRAM markets. Meanwhile, Kioxia is also
focused exclusively on NAND- based products.
From a financial profile perspective, Micron's significant target
liquidity, which supports one year of capital spending and higher
mid-cycle profit margins, positions it ahead of Sandisk. The same
applies to SK hynix, although all three NAND-flash suppliers are
able to invest through the cycle.
Fitch views Sandisk as slightly weaker positioned than Seagate
Technology Holdings plc (BB+/Positive), which competes directly
with Western Digital Corp. in disk drive storage solutions. and in
Fitch's view, benefits from less cyclical operating results.
Fitch’s Key Rating-Case Assumptions
- Strong bit demand and moderately higher prices drive robust
revenue growth through calendar 2026;
- Slowing but still positive revenue growth in fiscal 2027 and a
moderate correction in fiscal 2028;
- Supply constraints exiting the recent downturn supports gross
profit margin above recent highs in fiscal years 2026-2027,
followed by contraction in fiscal 2028;
- Capital intensity remains uneven but in the low- to
mid-single-digit range;
- No additional financing through the rating horizon and cash
builds to support cyclicality.
Recovery Analysis
Fitch believes category 1 recovery ratings are appropriate for
Sandisk's first-lien senior secured debt despite its expectations
for continued meaningful cyclicality, given comparatively low
levels of fully-drawn first-lien debt and two notches up from the
'BB' IDR to 'BBB-'/'RR1'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Deterioration of financial performance of JV or majority partner,
requiring structurally higher JV capital contributions;
- Sustained gross profit margins in the mid-20% or break-even FCF
margins through the cycle;
- (CFO-capex)/debt below 10% or EBITDA leverage above 3.5x
sustained through the cycle.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Gross profit margins in the high 30% area translating into
mid-single-digit FCF margins sustained through the cycle;
- Structurally reduced cyclicality from substantial revenue
diversification or share gains or meaningful industry
consolidation;
- (CFO-capex)/debt in the mid-teens or EBITDA leverage below 3.0x
sustained through the cycle.
Liquidity and Debt Structure
Fitch believes liquidity is adequate pro forma for the separation
and supported by $1.4 billion of balance sheet cash and an undrawn
five-year $1.5 billion first-lien senior secured revolving credit
facility. Fitch's forecast for mid-cycle annual FCF of $250
million-$500 million will cover investments in the JV and minimal
term loan B amortization.
Issuer Profile
Sandisk Corp. is a leading provider of storage technologies and
solutions, including enterprise solid-state drives (SSD) and retail
for cloud, client and retail markets, and the second largest NAND
flash memory producer by virtue of its JV with Kioxia Holdings
Corp.
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
----------- ------ -------- -----
Sandisk Corporation LT IDR BB Affirmed BB
senior secured LT BBB- Affirmed RR1 BBB-
SCRIPPS TWO: Seeks to Use $96,500 of Cash Collateral
----------------------------------------------------
Scripps Two, LLC asks the U.S. Bankruptcy Court for the Eastern
District of California, Sacramento Division, for authority to use
cash collateral and provide adequate protection.
The Debtor, a real estate holding company managed primarily by
Jeffrey Berger, owns two assets: the Campus Commons Medical Dental
Building—an extensively renovated, 36,109-square-foot medical
office building valued at $17.12 million—and an adjacent vacant
lot valued at $600,000. The main property is 80% occupied and
generates roughly $77,000 per month in rental income, which the
Debtor identifies as cash collateral necessary to fund ongoing
operations. The Debtor explains that restoration of the building
required far more funding than originally anticipated due to fire
damage, rising construction costs, and unforeseen structural
issues. Although Red Oak Capital Holdings initially financed the $9
million purchase and renovation, and CSCDA provided $1.9 million
through a senior-priority C-PACE assessment, additional funds
needed to finish 6,000 remaining square feet fell through when Red
Oak reversed course and scheduled a foreclosure for November 13,
2025. The bankruptcy filing stayed that foreclosure.
The Debtor seeks permission to use approximately $96,500 in monthly
rental income, arguing that these funds are essential for
maintaining operations and preserving the property’s value until
reorganization. The Debtor maintains that the $20,414 in its bank
account is not subject to a perfected lien but acknowledges that
Red Oak and CSCDA may have security interests in the rents.
To provide adequate protection, the Debtor proposes replacement
liens and monthly payments of $5,000 to Red Oak and $4,837 to
CSCDA. It requests interim approval to use up to $41,457 through
December 31, 2025, with a 15% budget variance, excluding salaries
to principals and related management fees during the interim
period.
The Debtor asserts that without immediate access to cash
collateral, irreparable harm would result, jeopardizing operations,
tenant relationships, and the feasibility of completing renovations
that would make the building 100% leased and allow for a full
payoff of creditors.
A copy of the motion is available at https://urlcurt.com/u?l=uVjvbj
from PacerMonitor.com.
About Scripps Two, LLC
Scripps Two, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-26371) on November
12, 2025. In the petition signed by Jeffrey Berger, managing
member, the Debtor disclosed up to $50 million in both assets and
liabilities.
Gabriel E. Liberman, Esq., at Law Offices of Gabriel Liberman, APC,
represents the Debtor as legal counsel.
SERRA GAUCHA: Dawn Maguire Named Subchapter V Trustee
-----------------------------------------------------
The U.S. Trustee for Region 14 appointed Dawn Maguire, Esq., at
Guttilla Murphy Anderson, as Subchapter V trustee for Serra Gaucha
Brazilian Steakhouse, LLC.
Ms. Maguire will be paid an hourly fee of $380 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Maguire declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Dawn Maguire, Esq.
10115 E. Bell Rd., Ste. 107 #498
Scottsdale, AZ 85260
Phone: (480) 304-8302
Fax: (480) 304-8301
Email: Trustee@MaguireLawAZ.com
About Serra Gaucha Brazilian Steakhouse
Serra Gaucha Brazilian Steakhouse, LLC sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Ariz. Case No.
25-11201) on November 20, 2025, with $500,001 to $1 million in
assets and liabilities.
Chris D. Barski, Esq., at Barski Law represents the Debtor as legal
counsel.
SHERLAND & FARRINGTON: Seeks to Use Cash Collateral
---------------------------------------------------
Sherland & Farrington, Inc. asks the U.S. Bankruptcy Court for the
Eastern District of New York for authority to use cash collateral
and provide adequate protection.
The Debtor's assets, including inventory, accounts receivable,
leasehold improvements, and goodwill, are valued at approximately
$3,165,506, with secured debt of roughly $3,588,863. Pre-petition
lenders include Columbia Bank and the U.S. Small Business
Administration, which hold UCC-1 liens on the Debtor's collateral,
while the IRS has also filed a federal tax lien. The term cash
collateral includes pre-petition cash, collections of prepetition
receivables, and post-petition revenue from secured property.
The proposed order, if entered, would authorize the Debtor to use
cash collateral on an interim basis through January 28, 2026, in
accordance with a detailed budget, subject to further hearings or
stipulations with secured creditors. The use of cash collateral is
intended to maintain business operations, meet payroll and interest
obligations, and protect both the Debtor's business value and the
lenders' collateral.
Adequate protection would be provided through replacement liens for
any diminution in collateral value and administrative claims under
11 U.S.C. sections 503(b) and 507. Columbia Bank would receive
monthly adequate protection payments of $10,000.
The proposed order also sets out default events, including
exceeding the Budget, material adverse financial changes,
misrepresentations, noncompliance, conversion to Chapter 7,
appointment of a trustee, or plan confirmation, with a
five-business-day cure period. In the event of an uncured default,
lenders may seek remedies including relief from the automatic stay.
A carveout is proposed for U.S. Trustee fees, Chapter 7 trustee
fees, professional fees, and avoidance action proceeds, which would
remain outside the lenders' liens.
A hearing on the matter is set for December 17.
A copy of the motion is available at https://urlcurt.com/u?l=srBIPh
from PacerMonitor.com.
Columbia Bank is represented by:
Frank C. Dell' Amore, Esq.
Jaspan Schlesinger Narendran, LLP
300 Garden City Plaza, 5th Floor
Garden City, NY 11530
Phone: 516-746-8000/516-393-8289
Fax: 516-393-8282
fdellamore@jaspanllp.com
About Sherland & Farrington Inc.
Sherland & Farrington, Inc. provides commercial flooring services
including consultation, design specification, renovation logistics
and installation for corporate clients. The company has operated
for more than five decades in the New York area, working with
businesses on large-scale flooring projects. It is a founding
member of Fuse Alliance, a network of independent flooring
contractors.
Sherland & Farrington sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-73272) on August 26,
2025. In its petition, the Debtor reported total assets of
$3,165,506 and total liabilities of $7,917,185.
Honorable Bankruptcy Judge??Alan S. Trust handles the case.
The Debtor is represented by Fred S. Kantrow, Esq., at The Kantrow
Law Group, PLLC.
SHIELD NURSING: No Resident Complaints, Ombudsman Report Says
-------------------------------------------------------------
Eden Rosales, the Deputy State Long-Term Care Ombudsman (LTCO),
filed with the U.S. Bankruptcy Court for the Northern District of
California her report regarding the quality of patient care
provided at Shields Nursing Centers, Inc.'s skilled nursing
facilities.
The LTCO visited Shields Richmond Nursing Center on October 15 and
November 5, meeting with over a dozen residents and family members
to follow up on prior concerns regarding food quality and slow
call-light response.
During visits at varying times, multiple residents reported
continued improvements in food quality, temperature, and variety.
Staffing -- especially in the back hallway -- appeared improved,
and call-light response times were timely. No complaints or unsafe
discharges were reported during the period.
The LTCO visited Shields Nursing Center, El Cerrito, on October 10,
24, and 25, meeting with multiple residents, including during
lunch. No complaints were received, care quality appeared adequate,
and no unsafe discharges were reported during the period.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=hRritH from PacerMonitor.com.
About Shields Nursing Centers
Shields Nursing Centers, Inc. owns and operates a skilled nursing
facility in Hercules, Calif., which offers rehabilitation programs
including physical, occupational and speech therapy.
Shields Nursing Centers filed its voluntary Chapter 11 petition
(Bankr. N.D. Calif. Case No. 23-41201) on Sept. 20, 2023, with
$1,726,970 in assets and $13,504,710 in liabilities. Judge Charles
Novack oversees the case.
The Law Offices of Michael Jay Berger serves as the Debtor's
bankruptcy counsel.
SIEPSER PROPERTIES: U.S. Trustee Unable to Appoint Committee
------------------------------------------------------------
The U.S. Trustee for Region 3 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Siepser Properties, LLC.
About Siepser Properties LLC
Siepser Properties, LLC is a single-asset real estate company as
defined under 11 U.S.C. Section 101(51B).
Siepser Properties sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D. Pa. E.D. Case No. 25-14363) on October
28, 2025, listing between $1 million and $10 million in assets and
liabilities.
Judge Derek J. Baker oversees the case.
Ciardi Ciardi & Astin is Debtor's legal counsel.
SILVERLINE MECHANICAL: Hires Ritter Spencer Cheng PLLC as Counsel
-----------------------------------------------------------------
Silverline Mechanical, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Texas to employ Ritter Spencer
Cheng PLLC as counsel.
The firm will provide these services:
a. take all necessary action to protect and preserve the Estate,
including the prosecution of actions on its behalf, the defense of
any actions commenced against it, negotiations concerning all
litigation in which it is involved, and objecting to claims;
b. prepare on behalf of the Debtor all necessary motions,
applications, answers, orders, reports, and papers in connection
with the administration of the estate herein;
c. formulate, negotiate, and propose a plan of reorganization;
and
d. perform all other necessary legal services in connection with
these proceedings.
The firm will be paid at these rates:
David D. Ritter, Esq. $450 per hour
Associates $350 per hour
Paralegals $170 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Ritter disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
David D. Ritter, Esq.
Ritter Spencer Cheng PLLC
17950 Preston Road, Suite 250
Dallas, TX 75252
Tel: (214) 295-5078
Fax: (214) 329-4362
Email: dritter@ritterspencercheng.com
About Silverline Mechanical, LLC
Silverline Mechanical, LLC, filed a Chapter 11 bankruptcy petition
(Bankr. E.D. Tex. Case No. 25-43475) on Nov. 16, 2025. The Debtor
hires Ritter Spencer Cheng PLLC as counsel.
SLEEP COUNTRY: DBRS Confirms BB Issuer Rating
---------------------------------------------
DBRS Limited confirmed its Issuer Rating on Sleep Country Canada
Holdings Inc. (Sleep Country or the Company) at BB. Morningstar
DBRS also confirms its Senior Unsecured Notes credit rating at BB
(low). The Senior Unsecured Notes credit rating is based on a
recovery rating of RR5. All trends are Stable.
KEY CREDIT RATING CONSIDERATIONS
The credit rating confirmations acknowledge Sleep Country's sound
operating results through Q3 2025, and improvement in key credit
metrics in line with Morningstar DBRS expectations. The Stable
trends reflect Morningstar DBRS' view that Sleep Country will
continue to experience solid earnings growth and remains well
positioned to navigate a highly competitive environment, given
their leading market position, well-established brand, and private
label portfolio. The Stable trends also consider Morningstar DBRS'
expectation that the Company will reduce leverage in the near term,
supported by its free cash flow generating capacity.
CREDIT RATING DRIVERS
Morningstar DBRS could take a positive credit rating action should
Sleep Country materially improve its business-risk profile,
including increased size and scale while improving key credit
metrics to levels supportive of the higher credit rating category
(i.e., debt-to-EBITDA of less than 3.50 times (x)) on a sustained
basis. Conversely, a negative credit rating action could ensue
should Sleep Country's credit metrics weaken for a sustained period
(i.e., debt-to-EBITDA of more than 5.00x), as a result of more
aggressive financial management and/or a material and sustained
deterioration in operating income.
EARNINGS OUTLOOK
Looking ahead, Morningstar DBRS anticipates Sleep Country's
earnings profile will remain appropriate for the current credit
ratings based on solid earnings growth in 2025 and moderate growth
in 2026. Morningstar DBRS forecasts that Sleep Country's revenue
will grow in the low double-digits in 2025 and high-single digits
in 2026. Revenue growth is expected to be primarily driven by
mid-to-high-single digit same store sales growth as a result of
upselling, a shift in sales mix, and new marketing initiatives, as
well as new stores openings and contribution from the 2025
acquisition of Simba Sleep (Simba). In terms of margins,
Morningstar DBRS forecasts EBITDA margins to improve year-over-year
in 2025 and slightly decline in 2026, primarily driven by stronger
sales in the direct-to-consumer brands, and some shift in product
mix toward higher margin accessories, partially offset by pressure
from higher marketing and G&A expenses related to growth in the
Simba business. As a result, Morningstar DBRS anticipates Sleep
Country's EBITDA (as calculated by Morningstar DBRS), to experience
strong growth in 2025, before returning to more moderate growth in
2026.
FINANCIAL OUTLOOK
Morningstar DBRS expects Sleep Country's financial profile to
strengthen over the near-to-medium term, driven by steady
deleveraging through debt repayments and earnings growth.
Morningstar DBRS forecasts cash flow from operations to improve in
line with operating performance in 2025 and 2026. Morningstar DBRS
expects capital expenditures to be relatively flat over the
forecast horizon, with the majority of spending allocated toward
store renovations and the addition of six stores annually. As a
result, free cash flow before changes in working capital is
expected to improve in 2025, and grow moderately in 2026.
Morningstar DBRS expects the Company to allocate free cash flow
toward deleveraging through mandatory debt repayments and principal
lease payments in 2025 and 2026. As a result, Morningstar DBRS
anticipates Sleep Country's key credit metrics will strengthen
within the current rating category, with debt-to-EBITDA improving
to less than 4.50x in 2025 and toward 4.00x in 2026 from 5.00x in
2024.
CREDIT RATING RATIONALE
Comprehensive Business Risk Assessment (CBRA): Sleep Country's CBRA
of BB reflects the Company's well-established brand, private label
offering, and market position as the largest mattress and bedding
specialty retailer in Canada. The Company demonstrated a track
record of overall sales growth over the past five years and
maintained some pricing power through its focus on higher-end
products. The CBRA also reflects the intense competitive
environment within the industry, the Company's exposure to economic
cycles, and risks associated with acquisition.
Comprehensive Financial Risk Assessment (CFRA): Sleep Country's
CFRA of BB reflects Morningstar DBRS' expectations that EBITDA
should gradually increase over the medium term and the key credit
metrics should also reflect gradual improvement (i.e.,
debt-to-EBITDA strengthening toward 4.0x) because of debt
repayments.
Intrinsic Assessment (IA): The IA of BB is within the IA Range and
is based on the CBRA and CFRA, also taking into consideration peer
comparisons, among other factors.
Additional Considerations: The credit ratings include no further
negative or positive adjustments resulting from additional
considerations.
Notes: All figures are in Canadian dollars unless otherwise noted.
SNARK 66: Seeks Chapter 7 Bankruptcy in Illinois
------------------------------------------------
On November 25, 2025, Snark 66 Inc. sought Chapter 7 protection in
the Northern District of Illinois. According to the court filing,
the Debtor reports between $100,001 and $1,000,000 in debt owed to
1–49 creditors.
About Snark 66 Inc.
Snark 66 Inc. sought relief under Chapter 7 of the U.S. Bankruptcy
Code (Bankr. N.D. Ill., Case No. 25-18268) on November 25, 2025. In
its petition, the Debtor reports estimated assets of $0–$100,000
and estimated liabilities of $100,001–$1,000,000.
Honorable Judge Michael B. Slade handles the case.
The Debtor is represented by David Freydin, Esq. of the Law Offices
of David Freydin Ltd.
SOLANA COMPANY: Posts $352.8MM Q3 Loss; Lifts Going Concern Doubt
-----------------------------------------------------------------
Solana Company filed with the U.S. Securities and Exchange
Commission its Quarterly Report on Form 10-Q reporting a net loss
of $352.8 million for the three months ended September 30, 2025,
compared to a net loss of $3.7 million for the three months ended
September 30, 2024.
For the nine months ended September 30, 2025, the Company reported
a net loss of $366.4 million, compared to a net loss of $7.8
million for the same period in 2024.
Total revenues for the three months ended September 30, 2025 and
2024, were $697,000 and $51,000, respectively. For the nine months
ended September 30, 2025 and 2024, the Company had total revenues
of $789,000 and $368,000, respectively.
As of September 30, 2025, the Company had $475.9 million in total
assets, $628.3 million in total liabilities, and $152.4 million in
total stockholders' deficit.
Since the Company's inception, it has had a history of recurring
net losses from operations, recurring use of cash in operating
activities.
As disclosed in the Company's December 31, 2024 Form 10-K, there
was substantial doubt about the ability of the Company to continue
as a going concern for at least one year from the date the
financial statements were issued. This was based on significant
historical losses and the need to raise additional funds to meet
the Company's obligations and sustain its operations.
During the nine months ended September 30, 2025, the Company raised
significant capital through at-the-market offerings and the
September 2025 private placement. A significant amount of the
proceeds generated from these capital raises was used to purchase
digital assets in connection with the launch of the Company's new
long-term strategic treasury of Solana tokens.
As a result, these actions have alleviated the substantial doubt
about the Company's ability to continue as a going concern that
existed at the time the Company filed its December 31, 2024 Form
10-K.
As of September 30, 2025, the Company had unrestricted cash and
cash equivalents of approximately $124.1 million and working
capital of $122.5 million. Subsequent to September 30, 2025, a
significant portion of working capital was used to purchase SOL and
SOL-related investments, see Note 11. For the nine months ended
September 30, 2025, the Company used cash in operating activities
of approximately $10.3 million.
Based on the Company's current financial condition and forecast of
cash flow needs for the next 12 months, Management expects that the
Company's existing resources will be sufficient to enable the
Company to fund its anticipated level of operations through one
year from the date of this report.
The Company's financial condition is substantially dependent on the
market price and liquidity of SOL, which are subject to extreme
volatility and limited trading venues. Substantially all of the
Company's treasury assets are concentrated in SOL, the native
cryptocurrency of the Solana protocol. SOL has experienced
significant price volatility, and the Company's financial results
and carrying value of its digital assets will fluctuate materially
based on SOL token price movements. The Company depends on the
continued success and adoption of the Solana protocol for the value
of its treasury holdings.
The Company plans to continue to pursue additional capital through
its at-the-market offering programs in the future, however, such
funding may not be available on terms acceptable to the Company or
at all. Although Management believes that such capital sources will
continue to be available, there can be no assurances that financing
will be available to the Company when needed, or if available, on
terms acceptable to the Company.
If the Company is unable to obtain adequate financing on terms that
are satisfactory to the Company, when the Company requires it, the
Company's ability to continue to grow or support the business and
to respond to business challenges could be significantly limited,
which may adversely affect the Company's business plans.
"Solana Company's digital treasury strategy and the recent PIPE
transaction are significant milestones for the Company and its
shareholders. With the added commitment and support of Pantera and
Summer, we believe that we are positioned well to accelerate growth
and drive value. Since closing, we have achieved notable progress
across our three core execution pillars: advocacy, capital markets,
and treasury management," said Joseph Chee, Executive Chairman.
"I'm proud of the continued expansion in adoption as the Solana
network has become the world's most widely used and economically
productive blockchain. Our recent ATM launch and issuance of
cash-exercise warrants have strengthened our financial position and
prepared us to scale effectively. These initiatives position Solana
for sustained growth and long-term success within the DAT
landscape."
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/55xc5emk
About Solana Company
Solana Company (Nasdaq: HSDT) formerly known as Helius Medical
Technologies, Inc. is a listed digital asset treasury dedicated to
acquiring Solana (SOL), created in partnership with Pantera and
Summer Capital. Focused on maximizing SOL per share by leveraging
capital markets opportunities and onchain activity, Solana Company
offers public market investors optimal exposure to Solana's secular
growth.
As of September 30, 2025, the Company had $475.9 million in total
assets, $628.3 million in total liabilities, and $152.4 million in
total stockholders' deficit.
SPAC RECOVERY: Hires Motor City Law as Special Litigation Counsel
-----------------------------------------------------------------
SPAC Recovery Co. seeks approval from the U.S. Bankruptcy Court for
the Southern District of New York to employ Motor City Law, PLLC as
special litigation counsel.
The Debtor needs the firm's legal assistance in connection with a
case (Index No. 652916/2025) pending in the Supreme Court of the
State of New York, County of New York, and an arbitration commenced
by the Debtor against Ackrell Capital LLC and Michael Ackrell.
The firm received (a) a cash payment of $75,000 at the time of its
initial engagement in 2024; (b) a cash payment of $50,000.00 upon
filing of the Litigation; and will receive (c) a cash payment of
$50,000.00 prior to trial of the Litigation. The firm will also be
paid a contingency fee of between 15% and 40% on recovery.
Mr. Munro disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Andrew J Munro
Motor City Law, PLLC
4892 Grand River Ave.
P.O. Box 441847
Detroit, MI 48244-1847
Tel: (313) 442-7800
About SPAC Recovery Co.
Spac Recovery Co., formerly known as Ackrell SPAC Partners I Co.,
is a Delaware-based special purpose acquisition company created to
raise capital and pursue a merger, share exchange, asset
acquisition, or similar business combination. The Company
originally targeted investments in the consumer goods sector and
entered into a proposed combination with North Atlantic Imports
LLC, doing business as Blackstone Products, before the deal was
terminated in 2022. It now operates under the name Spac Recovery
Co. and is focused on litigation and recovery efforts connected to
its prior activities.
Spac Recovery Co. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-12109) on September
26, 2025. In its petition, the Debtor reports total assets of
$57,306,134 and total liabilities of $9,469,770
Honorable Bankruptcy Judge John P. Mastando III handles the case.
The Debtor is represented by Michael H. Traison, Esq. of CULLEN AND
DYKMAN LLP.
SPV LIT FUND, LLC, as DIP Lender, is represented by:
Michael Smiley, Esq.
Samantha Espino, Esq.
The Underwood Law Firm
500 S. Taylor, Suite 1200
Amarillo, TX 79101
Email: mike.Smiley@uwlaw.com
samantha.espino@uwlaw.com
SPEEDCAST HOLDINGS III: S&P Places 'B-' ICR on Watch Positive
-------------------------------------------------------------
S&P Global Ratings placed all its ratings on satellite
communications provider Speedcast Holdings III LLC, including its
'B-' issuer credit rating, on CreditWatch with positive
implications.
S&P plans to resolve the credit watch placement when the proposed
asset sale closes, which is it expects will be in mid-2026.
S&P said, "The CreditWatch positive placement reflects our
expectation that the company's leverage will improve substantially
following the transaction. Speedcast has entered into a definitive
agreement to sell a group of assets to a global infrastructure
fund. The transaction includes the sale of land, buildings,
antennas, and terrestrial infrastructure, specifically, 12
Speedcast-owned teleport facilities. Speedcast's core connectivity
and managed services business will remain operational as the
divested assets will continue to support the business through a
newly established long-term ground station service agreement with
the acquiring company. As of the end of the third quarter 2025,
Speedcast has $290 million outstanding on its term loan and $30
million drawn on its revolver. We expect the proceeds from the
transaction will be used to repay a material portion of the
company's existing credit facility, cover transaction costs, and
bolster liquidity to support operations. As a result, we expect the
company's S&P Global Ratings-adjusted leverage will decline to the
2x area pro forma for the repayment from the high-4x area as of
September 2025. We expect the transaction will close in mid-2026.
"We expect Speedcast's free operating cash generation will also
improve as a result of the transaction. Speedcast's capital
structure is comprised entirely of floating-rate debt, which has
been subject to sustained high interest rates over the last few
years. This, along with increased competition and lower profits in
the company's cruise segment, has hindered the company's ability to
generate free operating cash flow (FOCF). Following the prospective
debt reduction, we expect Speedcast will have materially lower
interest expense which will allow the company to return to positive
FOCF generation in 2026 and beyond.
"The CreditWatch with positive implications reflects our
expectations that Speedcast will used proceeds from the proposed
transaction to proactively repay a large portion of its outstanding
debt, which could result in up to a two notch upgrade to our issuer
credit rating on Speedcast. We plan to resolve the credit watch
placement when the proposed asset sale closes, which we expect will
be in mid-2026."
SPLASH BEVERAGE: Widens Net Loss to $9.9 Million in 2025 Q3
-----------------------------------------------------------
Splash Beverage Group, Inc. filed with the U.S. Securities and
Exchange Commission its Quarterly Report on Form 10-Q reporting a
net loss of $9.9 million for the three months ended September 30,
2025, compared to a net loss of $4.7 million for the three months
ended September 30, 2024.
For the nine months ended September 30, 2025, the Company reported
a net loss of $22 million, compared to a net loss of $14.7 million
for the same period in 2024.
The Company recorded no net revenues for the three months ended
September 30, 2025, compared to a net revenue of $981,858 for the
same period in 2024. For the nine months ended September 30, 2025
and 2024, the Company had net revenues of $438,272 and $3.6
million, respectively.
As of September 30, 2025, the Company had $22.5 million in total
assets, $15.7 million in total liabilities, and $6.8 million in
total stockholders' equity.
The Company disclosed that due to its lack of capital, it has not
generated any revenue since March 2025.
Splash Beverage said, "In order to generate revenue, we require at
least $2,000,000 of working capital in order to acquire inventory
and re-commence minimal operations. This does not include our plans
for our Water Assets or Chispo business plans, which will require
additional capital. Our lack of cash resources has prevented us
from carrying on our commercialization activities. In addition, our
lack of working capital has prevented us from marketing our
products."
"We have not generated any revenue since March 2025 due to our lack
of capital. In August 2025, the Company issued convertible
promissory notes with individuals in the aggregate principal amount
of $424,560. These loans mature in May or June 2026 and have an
interest rate of 22% per annum.
"In September 2025 we sold secured convertible promissory notes in
the principal amount of $2,200,000 for total gross proceeds of
$2,000,000, which notes do not bear any interest absent an event of
default, and mature on September 22, 2026.
"In September 2025 we also entered into an Equity Line of Credit
Agreement which subject to certain conditions including registering
the shares on a registration statement will allow us to access
additional capital, we plan to access and deploy such capital to
re-commence certain of our operations and to establish new
operations as described in this report.
"In November 2025, the Company borrowed $500,000 from two
accredited investors and issued senior promissory notes with a
combined original principal amount of $588,235.30, reflecting a 15%
original issue discount. The notes mature on February 12, 2026,
accrue interest at 6% starting 30 days after issuance, and include
customary default provisions. The notes also permit the holders, at
their discretion, to apply outstanding principal, accrued interest,
and any Company securities they hold as consideration for
participation in future equity, equity-linked, or debt financings.
"We plan to fund our operations through third party and related
party debt/advances, private placement of restricted securities and
the issuance of stock in subsequent offerings until such a time as
the business achieves profitability or a business combination may
be achieved. However, there can be no assurance that we will be
successful in raising additional capital or that such capital, if
available, will be on terms that are favorable to us. Debt
financing and equity financing, if available, may involve
agreements that include covenants limiting or restricting our
ability to take specific actions, such as incurring additional
debt, making capital expenditures or declaring dividends.
"If we raise funds through collaborations, or other similar
arrangements with third parties, we may have to relinquish valuable
rights to our technologies, future revenue streams, research
programs or product candidates or grant licenses on terms that may
not be favorable to us and/or may reduce the value of our common
stock. If we are unable to raise additional funds through equity or
debt financings when needed, we may be required to delay, limit,
reduce or terminate our product development or future
commercialization efforts or grant rights to develop and market our
product candidates even if we would otherwise prefer to develop and
market such product candidates ourselves.
"As such, we have concluded that such plans do not alleviate the
substantial doubt about our ability to continue as a going concern
for one year from the date the accompanying financial statements
are issued. Historically, we have funded operations primarily
through the issuance of equity and debt securities."
As of September 30, 2025, the Company had total cash and cash
equivalents of $265,667 as compared with $15,346 at December 31,
2024. As of November 19, 2025, it had $227,874 in cash.
Net cash used for operating activities during the nine months ended
September 30, 2025 was $3.8 million, as compared to the net cash
used by operating activities for the nine months ended September
30, 2024 of $6.4 million. The primary reasons for the change in net
cash used are decreases in inventory and accrued expenses.
For the period ending September 30, 2025, has no capital asset
transactions and $0.01 million for September 30, 2024.
Net cash provided by financing activities during the nine months
ended September 30, 2025 was $4.1 million, compared to $6.8 million
provided from financing activities for the nine months ended
September 30, 2024.
During the nine months ended September 30, 2025, the Company
received $3.7 million for convertible note and 0.8 million for
preferred stock, which was offset by repayments to debt holders of
$0.4 million and shareholder advance in the amount of $0.2 million
was exchanged to Series A-1 Preferred Stock.
"In June 2025, we exchanged approximately $12.67 million of
outstanding promissory notes and accrued interest for 126,710
shares of Series B 12% Convertible Preferred Stock. This
transaction reduced outstanding debt, lowered interest expense, and
improved our stockholders' equity position. The Series B Preferred
Stock accrues a 12% cumulative dividend and is convertible into
common stock, subject to shareholder approval and an increase in
authorized shares. This debt-to-equity conversion forms part of our
broader plan to strengthen our balance sheet and regain compliance
with NYSE American listing standards."
"Based on our current operating plan, existing cash resources will
not be sufficient to fund operations over the next 12 months. Our
future capital needs will depend on numerous factors, including our
ability to raise capital, revenue growth, gross margin trends,
operating expense levels, working capital requirements, and the
timing and extent of capital expenditures. We are evaluating
opportunities to raise additional capital through equity or debt
financing, and may seek further debt restructurings to improve
liquidity and reduce financing costs.
"There can be no assurance that these plans will be successful. If
we are unable to obtain adequate financing or generate positive
cash flow from operations, we may need to further reduce operating
expenses, curtail business development activities, sell assets, or
pursue other strategic alternatives."
In December 2020, Splash acquired the key assets, including
intellectual property rights, of the Copa DI Vino single-serve wine
company, a third party.
On April 4, 2025 the Company entered into an intellectual property
license agreement granting CdV an exclusive license to use the IP
for sales of wine beverages and other products bearing the Copa di
Vino brand name in the U.S.
Under the License Agreement, CdV has the right, but not the
obligation, to purchase the IP at fair market value, determined by
an independent third party, during the period beginning January 4,
2026 and ending January 4, 2027. If CdV does not exercise its right
to purchase the IP under the License Agreement, the exclusive
license granted to CdV thereunder will continue for the life of the
IP, as applicable.
The Company has not marketed or sold the wine or other CdV products
since April 2025.
On April 4, 2025, the Company entered into a settlement agreement
with CdV under which the parties agreed to the settlement of two
lawsuits brought by CdV against the Company in Oregon and Florida,
and the Company agreed to pay CdV a total of $0.7 million with
interest accruing at 12% per annum, with installment payments
beginning on November 4, 2025 in monthly payments of $63,000 plus
applicable accrued interest.
The Settlement Agreement provides for certain events of default,
the occurrence of which, subject to the Company's right to cure
within 15 days as to a payment default or 30 days with respect to
other defaults, would entitle CdV to accelerate payment of the
settlement amount, file suit against the Company and/or exercise
its right to setoff against any funds or other property in CdV's
possession.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/jsh82vjr
About Splash Beverage Group
Fort Lauderdale, Florida-based Splash Beverage Group, Inc. is a
portfolio company specializing in managing multiple brands across
various growth segments within the consumer beverage industry. The
Company focuses on incubating and acquiring brands with the aim of
accelerating them to higher volumes and increased sales revenue.
As of June 30, 2025, the Company and $22.2 million in total assets,
$13.5 million in total liabilities, and $8.7 million in total
stockholders' deficit.
Encino, Calif.-based Rose, Snyder & Jacobs LLP, the Company's
auditor since 2023, issued a "going concern" qualification dated
July 11, 2025, attached to the Company's Annual Report on Form 10-K
for the fiscal year ended December 31, 2024. The report indicated
that the Company has suffered recurring losses from operations and
has an accumulated deficit and a working capital deficiency that
raise substantial doubt about its ability to continue as a going
concern.
ST. AUGUSTINE FOOT: Hires William G. Haeberle as Accountant
-----------------------------------------------------------
St. Augustine Foot and Ankle, Inc. seeks approval from the U.S.
Bankruptcy Court for the Middle District of Florida to employ
William G. Haeberle, CPA as accountant.
Mr. Haeberle will provide:
(a) preparation of the Debtor's Monthly Operating Reports; and
(b) general accounting services necessary to prepare the return
which the Debtor anticipates will be required.
Mr. Haeberle will be compensated $300 per month for monthly
operating reports, billed against a $1,500 retainer to be paid
post-petition.
William G. Haeberle, CPA, is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
Mr. Haeberle can be reached at:
William G. Haeberle, CPA
4446-1A Hendricks Ave., #245
Jacksonville, FL 32207
About St. Augustine Foot and Ankle, Inc.
Based in St. Augustine, Fla., St. Augustine Foot & Ankle Inc. is a
multispecialty clinic offering podiatry, dermatology, vein
procedures, physical therapy, and neuropathy treatment, including
care for common foot conditions and wounds. The clinic is led by
board-certified podiatric surgeon Dr. Thomas A. LeBeau and provides
both conservative and minimally invasive outpatient treatments.
St. Augustine Foot & Ankle filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-03696) on October 14, 2025, listing between $100,001 and
$500,000 in assets and between $1 million and $10 million in
liabilities.
Bryan K. Mickler, Esq., at Mickler & Mickler represents the Debtor
as legal counsel.
STONEPEAK TAURUS: Moody's Cuts CFR to B3 & Alters Outlook to Stable
-------------------------------------------------------------------
Moody's Ratings downgraded the ratings of Stonepeak Taurus Lower
Holdings LLC (dba TRAC Intermodal) (TRAC), including its corporate
family rating to B3 from B2, probability of default rating to B3-PD
from B2-PD, and the senior secured second lien term loan rating to
Caa2 from Caa1. The outlook was changed to stable from negative.
The downgrade reflects Moody's expectations that TRAC's credit
metrics will persist at weaker levels over the next several
quarters. Notably, Moody's anticipates the company's debt/EBITDA
will remain above 6x and EBIT/interest expense slightly below 1x.
Moody's expects US container import volumes, a large driver of
TRAC's operating performance, to be flat at best in 2026, which
will constrain the company's ability to meaningfully improve
earnings and reduce leverage next year.
RATINGS RATIONALE
TRAC Intermodal's B3 CFR reflects the company's high financial
leverage, weak interest coverage, and modest expected free cash
flow. The rating also incorporates TRAC's position as one of the
largest providers of chassis to the intermodal transportation
industry and its strong operating margin with disciplined cost
management.
TRAC maintains a sizable market share within the marine chassis
rental market. Access to port terminals, capital to build a sizable
fleet and the efficiency of the pool structure are barriers to
entry and mitigate the risk of equipment ownership by chassis
users. As a chassis lessor, the demand and pricing dynamics for
TRAC are at times volatile and largely tied to international trade
activity, particularly import container shipping volumes.
During the first nine months of 2025, US container import volumes
have been volatile, but overall have grown in the low single digit
range over the prior year. However, TRAC's revenue has declined by
about 5% from lower chassis usage and lower rates in its chassis
pools.
TRAC continues its reentry efforts into the domestic chassis market
segment, but this remains a small portion of its overall business.
Moody's expects the company to remain competitive in this segment
and secure new business with railroads. However, Moody's do not
expect significant domestic fleet expansion in the near term as
this would likely require additional financial resources.
Moody's expects TRAC Intermodal to operate with adequate liquidity
over the next 12-18 months. Over that period, Moody's projects that
the company's cash balance will be between $5 million and $10
million. Moody's anticipates positive free cash flow in 2026 as
earnings modestly improve and capital expenditures for chassis
refurbishments and upgrades remain moderate. The company's
liquidity is further supported by a sizable $1,065 million
asset-based lending (ABL) facility that expires in 2030. Moody's
expects TRAC to maintain ample availability under this facility
over the next 12 months.
The stable outlook reflects Moody's expectations for modest revenue
and earnings growth over the next 12 months despite persisting
softness in container import volumes.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if TRAC's earnings improve from
increased chassis utilization and higher container import volumes.
Further, the ratings could be upgraded if TRAC continues to
diversify its business through growth in the domestic chassis
market while sustaining its leadership position in the marine
chassis market. Credit metrics that could support an upgrade
include debt/EBITDA below 5.5x, EBIT/interest expense above 1.25x
and consistently positive free cash flow.
The ratings could be downgraded if TRAC's operating performance
weakens from lower chassis demand due to reduced utilization or
declining container import volumes. Debt/EBITDA sustained near 7x
or EBIT/interest expense remaining below 1x could also prompt a
ratings downgrade. Further, persistently negative free cash flow
and reduced availability under the ABL facility could give rise to
a ratings downgrade.
The principal methodology used in these ratings was Surface
Transportation and Logistics published in April 2025.
TRAC's B3 CFR is two notches below the B1 scorecard indicated
outcome for the twelve month period ended December 31, 2024. The
differential reflects Moody's expectations for weaker operating
performance over the next couple of quarters as container import
volumes remain soft.
TRAC Intermodal is a leading provider of marine chassis in North
America. The company's asset base includes approximately 186,000
chassis. Revenue for the twelve months ended September 30, 2025 was
roughly $482 million. The company is privately owned by Stonepeak,
an investment firm that specializes in infrastructure and real
assets.
STRUNZ MILK: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
Strunz Milk Transport, LLC received interim approval from the U.S.
Bankruptcy Court for the Western District of Wisconsin to use cash
collateral to fund operations.
The court authorized the Debtor to use the cash collateral of its
secured lenders, Bank of Brodhead and Willis Hoerler, as trustee of
the Willis and Doris Hoerler Trust, in accordance with its budget.
As adequate protection, both lenders will be granted replacement
liens, with the same priority as their pre-bankruptcy liens. In
addition, Bank of Brodhead, the primary lender, will receive
monthly payments of $55,000.
The court directed the Debtor to maintain insurance coverage as
additional protection to lenders.
The interim order is available at https://is.gd/w0wKsd from
PacerMonitor.com.
The court will hold a status conference on December 3, at 9:30 a.m.
(Central Time) via Zoom.
In addition to its cash, Strunz's assets primarily consist of
trucks and trailers, vehicles, office equipment and furniture,
supplies and tools. These assets constitute the collateral of the
lenders valued at approximately $3.25 million.
Bank of Brodhead holds over $3.65 million in perfected first
priority liens on substantially all assets while the Hoerler Trust,
owed approximately $1.2 million, holds a blanket lien.
Bank of Brodhead is represented by:
James E. Bartzen, Esq.
Boardman & Clark, LLP
1 South Pinckney Street, Suite 410
P.O. Box 927
Madison, WI 53701-0927
jbartzen@boardmanclark.com
Hoerler Trust is represented by:
Mary C. Turke, Esq.
Turke & Steil, LLP
613 Williamson Street, Suite 201
Madison, WI 53703
(608) 237-1775
mary@turkelaw.com
About Strunz Milk Transport LLC
Strunz Milk Transport, LLC is a milk transportation company
headquartered in Brodhead, Wisconsin.
Strunz sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. W.D. Wis. Case No. 25-12481) on November 12, 2025. In its
petition, the Debtor listed between $1 million and $10 million in
assets and liabilities.
Honorable Bankruptcy Judge Thomas M. Lynch handles the case.
The Debtor is represented by Eliza M. Reyes, Esq., at Richman &
Richman, LLC.
SUITECENTRIC LLC: Unsecureds Will Get 100% of Claims in Plan
------------------------------------------------------------
SuiteCentric, LLC filed with the U.S. Bankruptcy Court for the
Western District of Washington a Plan of Reorganization dated
November 25, 2025.
The Debtor is an authorized Oracle NetSuite solution provider and
reseller partner The Debtor focuses on NetSuite sales,
implementations, optimizations, customizations, integrations,
custom development, eCommerce implementations and more.
Adam Baruh served as Manager of the Debtor prior to the Petition
Date and through December, 2025. Tyler Decker will serve as manager
of the Debtor during the plan term for which he will be compensated
as an employee pursuant to the terms set forth in the attached
projections.
Facing mounting collection pressure, including liens sent to
customers from the merchant cash advance lenders, a petition was
filed under Chapter 11, Subchapter V on September 3, 2025 (herein
the "Petition Date") in an effort to reorganize the outstanding
debt owed and allow the Debtor to continue operating.
Class 3 consists of General Unsecured Claims. Allowed Class 3
claims will be paid a prorata share of $14,692.00 per month
beginning February 20, 2026. Payments will continue until the
earlier of such time in which the allowed claims are paid 100% or a
total amount of $528,912.00. The estimated total and monthly
amounts to be paid to each creditor. Class 3 claims include the
claim of United First, LLC and Parkside Funding, LLC as Debtor
asserts neither party holds a valid security interest.
To maximize efficiency for Class 3 claims and the Debtor, the
Debtor may pay the total amount to be received under the plan to
any creditor in lump sum payment. Class 3 is impaired.
The Plan will be funded with revenue from the Debtor's operation.
It is anticipated the Debtor's fixed expenses will remain
relatively constant moving forward with variable expenses
increasing proportionately with revenue. Debtor expects the income
and expenses to remain consistent through the life of the Plan.
Yearly payments have been annualized over the Plan term.
The Reorganized Debtor shall continue to own, maintain, operate and
manage the Business without further notice or order of the
Bankruptcy Court. Creditors may not take any actions (including,
without limitation, lawsuits or other legal actions, levies,
attachments, or garnishments) to enforce or collect either
preconfirmation obligations or obligations due under the Plan, so
long as the Debtor is not in material default under the Plan.
A full-text copy of the Plan of Reorganization dated November 25,
2025 is available at https://urlcurt.com/u?l=RlVidL from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jennifer L. Neeleman, Esq.
Thomas D. Neeleman, Esq.
Neeleman Law Group, PC
1403 8th Street
Marysville, WA 98270
Telephone: (425) 212-4800
Email: jennifer@neelemanlaw.com
About SuiteCentric LLC
SuiteCentric LLC is an Oracle NetSuite Solution Provider and member
of NetSuite's Commerce Agency Program, delivers Enterprise Resource
Planning (ERP), Customer Relationship Management (CRM),
SuiteCommerce Advanced, and related business module solutions. The
Company provides implementation, support, customization, and
development services, specializing in SuiteCommerce Advanced and
ERP, and offers the SuiteAscent + SuiteSuccess bundle for small
businesses. SuiteCentric serves clients across wholesale and
distribution, retail and e-commerce, construction, health and
beauty, manufacturing, software, apparel, food and beverage, and
other industries.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-12449) on September
3, 2025. In the petition signed by Adam Baruh, managing member, the
Debtor disclosed $354,739 in assets and $1,455,558 in liabilities.
Judge Timothy W. Dore oversees the case.
Thomas D. Neeleman, Esq., at Neeleman Law Group, PC represents the
Debtor as bankruptcy counsel.
SURGERY CENTER: Gets Final Approval to Use Cash Collateral
----------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Indiana,
Indianapolis Division, entered a final order authorizing Surgery
Center of Fort Wayne, LLC to use cash collateral.
The court authorized to use cash collateral to fund business
operations strictly in accordance with its budget. Spending must
not exceed budgeted amounts by more than 10% per category, and net
cash flow must remain at least 90% of projected levels. Depository
institutions were ordered to release funds as needed.
As adequate protection, secured creditors will be granted
replacement liens on post-petition assets to the same extent and
priority as their pre-petition liens, with all rights concerning
lien validity and priority reserved.
The Debtor's ability to use cash collateral terminates upon certain
events of default, including conversion or dismissal of the case,
appointment of a trustee, noncompliance with the budget, or failure
to meet reporting obligations. Creditors may issue written notice
of default followed by a five-business-day cure period.
The Debtor must operate in the ordinary course, maintain insurance,
preserve assets, and provide regular financial reporting, including
monthly variance reports.
The court scheduled a status conference for February 9 to review
performance relative to the budget.
The final order is available at https://is.gd/kAj7lf from
PacerMonitor.com.
About Surgery Center of Fort Wayne LLC
Surgery Center of Fort Wayne LLC, located in Fort Wayne, Indiana,
operates as a Medicare-certified ambulatory surgical center
providing outpatient surgical services. The center offers
procedures including orthopedic surgery and pain management and is
accredited by the Accreditation Association for Ambulatory Health
Care.
Surgery Center of Fort Wayne LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-06217) on
October 12, 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 KC Cohen, Esq. of KC COHEN, LAWYER,
PC.
TAPESTRY CHARTER SCHOOL: S&P Affirms 'BB+' Rating on 2017A/B Bonds
------------------------------------------------------------------
S&P Global Ratings affirmed its 'BB+' long-term rating on Buffalo
and Erie County Industrial Land Development Corp., N.Y.'s series
2017A tax-exempt and series 2017B taxable revenue bonds issued for
Tapestry Charter School (TCS, or the school).
The outlook is stable.
S&P said, "In our view, TCS faces elevated social capital risk when
compared with peers given that its operations are situated in Erie
County, N.Y., and remain pressured as a result of a relatively
small, and shrinking, total school-age population. For TCS,
improving academics that remain higher than those of local schools
have supported enrollment and demand and thus somewhat mitigate
this risk exposure. We view environmental and governance factors as
neutral in our credit rating analysis.
"The stable outlook reflects our view that the school will maintain
healthy demand metrics and report at least break-even full-accrual
operating margins in line with management projections over the near
term, which will translate to sufficient lease-adjusted MADS
coverage for the rating. We also expect that TCS will sustain cash
on hand that is at least sufficient for the rating with no
near-term additional debt plans.
"We could consider a negative rating action if the school is not
able to generate operations that support coverage and liquidity
trends commensurate with those of similarly rated peers.
"We could take a positive rating action if TCS demonstrates a trend
of improvement in its financial profile. This includes moderation
of the high debt burden, balance-sheet growth to levels
commensurate with those of higher-rated peers, and sustaining
healthy full-accrual surpluses and lease-adjusted MADS coverage,
while maintaining its stable-to-increasing enrollment trend."
TAPS RANCH II: Gets Interim OK to Use Cash Collateral Until Dec. 31
-------------------------------------------------------------------
TAPS Ranch II, LLC received another extension from the U.S.
Bankruptcy Court for the Southern District of Texas, Houston
Division, to use cash collateral.
The court authorized the Debtor to use cash collateral through
December 31 to pay operating expenses pursuant to its budget.
The budget projects total operational expenses of $6,378 for
December.
As adequate protection, Shelby Savings Bank, SSB, and ad valorem
taxing authorities retain their existing liens and security
interests in post-petition cash collateral and proceeds. The Debtor
must provide reconciliations and updated financial projections upon
request, maintain full insurance coverage on all collateral, and
supply copies of insurance policies if requested.
The interim order includes a carveout allowing funds to be used for
statutory fees, U.S. trustee fees, Subchapter V trustee fees, and
Debtor's counsel fees, without creating additional claims or liens
against the lenders. All lender rights under loan documents and
applicable law are preserved.
Shelby Savings Bank is represented by:
James W. King, Esq.
Offerman & King, L.L.P.
6420 Wellington Place
Beaumont, TX 77706
Phone: (409) 860-9000
Fax: (409) 860-9199
jwk@offermanking.com
About TAPS Ranch II LLC
TAPS Ranch II, LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-34509) on August 4, 2025, listing between $1 million and $10
million in both assets and liabilities.
Judge Jeffrey P Norman presides over the case.
Reese W Baker, Esq., at Baker & Associates represents the Debtor as
legal counsel.
TECHNICAL ARTS: Gets Interim OK to Use Cash Collateral
------------------------------------------------------
Technical Arts Group, LLC received interim approval from the U.S.
Bankruptcy Court for the District of New Jersey to use cash
collateral.
The court authorized the Debtor to use cash collateral pending the
final hearing on December 17 to fund operations, maintain its
assets; and pay U.S. trustee fees.
As adequate protection, lienholders including Abe V. Systems, Inc.
and certain equipment finance lenders will be granted valid and
automatically perfected post-petition security interests in and
liens on all property of the Debtor.
To the extent of any diminution in value of their collateral, the
lienholders will have a superpriority administrative expense claim
pursuant to Section 507(b) of the Bankruptcy Code.
The interim order is available at https://is.gd/5NLkKk from
PacerMonitor.com.
Technical Arts Group provides lighting, audio, video, staging,
special effects, and event-management services for concerts,
festivals, corporate events, weddings, and international
productions. It employs 63 full-time workers and roughly 100
freelance staffers. No trustee, examiner, or creditors' committee
has been appointed.
The Debtor's capital structure includes significant purported
secured debt, the largest of which is asserted by Abe V. Systems,
Inc., stemming from its January 2, 2024 acquisition of Abe V.
Systems' ownership interests and production equipment. Abe V.
Systems claims a lien on all equipment, inventory, and proceeds
under a secured promissory note exceeding $2.8 million and a
corresponding security agreement. The Debtor defaulted on a
subsequent forbearance agreement, leading Abe V. Systems to conduct
what it contends was a commercially unreasonable auction in
November 2024. Abe V. Systems now claims a secured balance of
approximately $1.3 million, a figure the Debtor disputes. The
Debtor argues that Abe V. Systems is substantially oversecured,
citing expert valuations from both its own appraiser and Abe V.
Systems' appraiser valuing the collateral at roughly $9.2 to $9.7
million, creating a large equity cushion that alone provides
adequate protection. Abe V. Systems' position is further supported
by additional collateral and personal guarantees provided by
affiliated entities KMP and QAV.
Beyond Abe V. Systems, the Debtor has numerous equipment finance
obligations with lenders such as Pathward, Quail, Liberty
Commercial Finance, Technology Finance Company, Midland, and
BridgeCap Financial, many involving equipment leases or loans
secured by the specific items financed. the Debtor reserves all
rights to challenge the validity, extent, and perfection of any
such liens. The Debtor asserts that each of these equipment finance
lenders is adequately protected by the value of its respective
collateral.
The Debtor proposes using all incoming revenues strictly in
accordance with a detailed cash-collateral budget that covers only
essential operating expenses necessary to sustain operations during
reorganization. It maintains that a denial of cash-collateral use
would force it to halt operations, jeopardize employment for its 63
employees and 100 freelancers, destroy going-concern value, and
eliminate the possibility of restructuring. The Debtor therefore
seeks a two-step hearing process: an expedited interim hearing with
less than 15 days' notice, followed by a final hearing with at
least 15 days' notice to secured creditors, the U.S. Trustee, the
twenty largest unsecured creditors, and all parties asserting
interests in the cash collateral.
A copy of the motion is available at https://urlcurt.com/u?l=HChzm3
from PacerMonitor.com.
About Technical Arts Group LLC
Technical Arts Group LLC, a Delaware limited liability company
headquartered in Moonachie, New Jersey, provides event production
and premium equipment rental services, specializing in lighting,
audio, video, staging, special effects, and event management for
large-scale music festivals, corporate gatherings, weddings, and
international events. The Company operates a 34,488-square-foot
facility and employs 63 staff members, engaging additional
freelance personnel as needed.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. N.J. Case No. 25-22241) on November 18,
2025. In the petition signed by Kevin Mignone, as co-president and
chief revenue officer, the Debtor disclosed $10,944,828 in assets
and $8,654,532 in liabilities.
Judge Vincent F Papalia oversees the case.
Richard D. Trenk, Esq. and Robert S. Roglieri, Esq., at TRENK
ISABEL SIDDIQI & SHAHDANIAN P.C., represents the Debtor as legal
counsel.
TECHNICAL ARTS: Hires CohnReznick Advisory as Financial Advisor
---------------------------------------------------------------
Technical Arts Group LLC seeks approval from the U.S. Bankruptcy
Court for the District of New Jersey to employ CohnReznick Advisory
LLC as financial advisor.
The firm will provide these services:
a) assist the Debtor in preparing Monthly Operating Reports as
required by the U.S. Trustee for the District of New Jersey;
b) assist the Debtor with information and analysis required
pursuant to its cash collateral and debtor-in-possession ("DIP")
financing arrangements;
c) assist the Debtor in the preparation of financial statements
and other reports as may be required by the Court or under the U.S.
Trustee Guidelines;
d) support the Debtor with the winddown of the bankruptcy
estate, including any sale(s) or liquidation of assets;
e) assist the Debtor in daily administrative financial advisory
services;
f) at the request of Debtor's counsel, analyze and review key
motions to identify strategic financial issues in this case;
g) assist the Debtor in the preparation of short and long-term
projections (balance sheet, profit and loss, and cashflows);
h) investigate and analyze all potential avoidance action
claims;
i) assist in the preparation of a chapter 11 Plan;
j) review and analyze the Debtor's historical financial
information;
k) assist the Debtor in resolving vendor issues;
l) scrutinize proposed transactions, including the assumption
and/or rejection of executory contracts;
m) assist the Debtor in negotiations with the Debtor and/or
other parties in interest;
n) provide litigation support services if necessary and
appropriate to any litigation undertaken by the Debtor; and
o) render such other general services consulting or other such
assistance as the Debtor and its counsel may deem necessary.
The firm will be paid at these hourly rates:
Partners/Principals $725
Managing Directors $715
Directors $700
Sr. Managers $690
Managers $675
Seniors $550
Paraprofessionals $300
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Neiberg disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Stuart Neiberg
CohnReznick Advisory LLC
2401 NW Boca Raton Blvd.
Boca Raton, FL 33431
Tel: (561) 953-1527
About Technical Arts Group LLC
Technical Arts Group LLC, a Delaware limited liability company
headquartered in Moonachie, New Jersey, provides event production
and premium equipment rental services, specializing in lighting,
audio, video, staging, special effects, and event management for
large-scale music festivals, corporate gatherings, weddings, and
international events. The Company operates a 34,488-square-foot
facility and employs 63 staff members, engaging additional
freelance personnel as needed.
Technical Arts Group LLC in Moonachie, NJ, sought relief under
Chapter 11 of the Bankruptcy Code filed its voluntary petition for
Chapter 11 protection (Bankr. D.N.J. Case No. 25-22241) on Nov. 18,
2025, listing $10,944,828 in assets and $8,654,532 in liabilities.
Kevin Mignone signed the petition as co-president and chief revenue
officer, signed the petition.
Judge Vincent F. Papalia oversees the case.
TRENK ISABEL SIDDIQI & SHAHDANIAN P.C. serve as the Debtor's legal
counsel.
TIBERTI COMPANY: Claims to be Paid From Future Operations
---------------------------------------------------------
The Tiberti Company, a Nevada limited liability company, d/b/a
Tiberti Fence Company, filed with the U.S. Bankruptcy Court for the
District of Nevada a Subchapter V Plan of Reorganization dated
November 26, 2025.
The Debtor has been in business since 1955, and is a subcontractor
that specializes in chain-link fencing and ornamental and custom
built iron.
The Debtor filed for bankruptcy principally to address certain
alleged debts that are at issue in litigation commenced by the
Boards of Trustees of the Construction Industry and Laborers Health
and Welfare Trust, the Construction Industry and Laborers Joint
Pension Trust, the Construction Industry and Laborers Savings
Trust, and the Southern Nevada Laborers Local 872 Training Trust
(collectively, the "Trust Funds").
The Trust Funds have alleged that the Debtor signed or is otherwise
bound by a Collective Bargaining Agreement ("CBA") and/or a Master
Labor Agreement ("MLA") with Laborers International Union of North
America, Local 872 (the "Union"), and has failed to make alleged
employee contributions.
The Debtor's financial projections show that it will have projected
disposable income of $293,914 over the next three years, which is
calculated prior to any payments to creditors under this Plan. The
final Plan payment is expected to be paid by December 2028
(assuming the Plan is confirmed and goes effective in January
2026).
This Plan of Reorganization under chapter 11 of the Code proposes
to pay creditors of the Debtor from cash flow from future
operations as needed.
Non-priority unsecured creditors holding Allowed claims will
receive distributions, which the Debtor has valued at about $0.39
on the dollar, based on $5,967,446 in total distributions to Class
3, divided by an estimated $15.1 million in potential claims in
this Class. This Plan also provides for the payment in full of
Allowed administrative and priority claims.
Class 3 consists of NonPriority General Unsecured Claims. Each
holder of an Allowed general unsecured, non-priority claim in Class
3 shall receive its pro rata share of the following:
* The aggregate sum of $4,379,000, or such greater amount as
the Court may require at the confirmation hearing on the Plan and
as consistent with Sections 1190 and 1191 of the Code, which shall
be paid at the rate of $365,000 per quarter, and commencing by the
15th day of the 3rd month following the Effective Date, and
continuing each and every calendar quarter thereafter until both of
the foregoing sums are paid in full; and
* The actual, after-tax, net distributions the Debtor receives
from its interest in Towbin Dodge, LLC, which shall be distributed
within thirty days of receipt.
The foregoing shall be in full and final resolution of such claims
against the Debtor. Class 3 is impaired and is entitled to vote on
the Plan.
Except to the extent that the holders of Class 4 Equity Interests
agree to less favorable treatment, they shall retain their Equity
Interests, subject to the terms and conditions of this Plan. Class
4 is unimpaired and thus is deemed to accept the Plan, and is not
entitled to vote on it.
This Plan will be funded through cash on hand as of the Plan's
Effective Date, cash flow generated from the future operations of
the Debtor's business, and, if necessary, a sale of certain assets.
A full-text copy of the Subchapter V Plan dated November 26, 2025
is available at https://urlcurt.com/u?l=1hqBjq from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Matthew C. Zirzow, Esq.
Larson & Zirzow, LLC
850 E. Bonneville Ave.
Las Vegas, NV 89101
Telephone: (702) 382-1170
Facsimile: (702) 382-1169
E-mail: mzirzow@lzlawnv.com
About The Tiberti Company LLC
The Tiberti Company LLC, doing business as Tiberti Fence Company,
offers fencing products and installation services across Nevada,
serving residential, commercial, and industrial customers. Based in
Las Vegas and holding an AB Unlimited License as a full-phase
general contractor, the Company specializes in ornamental iron,
chain link fencing, and custom-built iron. Tiberti Fence Company
operates as part of the wider Tiberti organization, which has a
history in construction projects including hotels, gaming
facilities, schools, reservoirs, museums, and civic buildings.
The Tiberti Company LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Nev. Case No. 25-15112)
on August 29, 2025. In its petition, the Debtor estimated assets
and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Natalie M. Cox handles the case.
The Debtor is represented by Matthew C. Zirzow, Esq. at LARSON &
ZIRZOW, LLC.
TRICORBRAUN HOLDINGS: Moody's Alters Outlook on B3 CFR to Negative
------------------------------------------------------------------
Moody's Ratings affirmed TricorBraun Holdings, Inc.'s (TricorBraun)
B3 corporate family rating, B3-PD probability of default rating and
B3 ratings assigned to the company's $1877 million senior secured
first lien term loan due March 2031. The outlook was changed to
negative from stable.
The change in the outlook to negative from stable reflects
TricorBraun's continued negative operating margin and weak credit
metrics as of September 2025, including high adjusted leverage of
11x debt/EBITDA and weak interest coverage of 1.2x. The negative
outlook also reflects the execution risk of improving weak
operating performance against the backdrop of limited prospects for
a material recovery in the demand environment in 2026.
The affirmation of the B3 CFR reflects the company's adequate
liquidity and management's focus on realizing operating
efficiencies that combined with a sluggish demand recovery should
support modest improvements in operating losses and some positive
free cash flow in 2026.
RATINGS RATIONALE
TricorBraun's B3 CFR reflects the company's weak credit metrics,
including negative operating margins, high leverage and weak
interest coverage, and the company's historically aggressive growth
strategy which consists of debt-financed acquisitions. Moody's
expects leverage to be sustained above 9.0x in 2026.
However, Moody's projects modest improvements in revenue and
profitability will support a return to modest positive free cash
flow and interest coverage above 1.5x in 2026.
At the same time, TricorBraun's B3 CFR considers the company's
stable end-markets as roughly 75% of total revenue is generated
from the food & beverage, healthcare & nutraceutical, personal
care, and household products industries. The company's products
consist of a diversified set of substrates including plastic,
glass, and metal, allowing the company to adapt quickly to shifts
in customer preferences. As a distributor, TricorBraun has an
asset-lite business model which requires minimal capital
expenditures. For the last 12 months period period ended September
2025, capex as a percentage of revenue stood at roughly 3%, in-line
with the company's historical range of 2.5%-3.5%.
Moody's expects TricorBraun to maintain adequate liquidity over the
next 12-15 months. For the period ended September 2025 the company
had more than $50 million of cash on its balance sheet and about
$160 million available on its ABL revolver due March 2031. While
Moody's expects Tricorbraun will generate negative free cash flow
in 2025, Moody's forecasts the company will generate positive free
cash flow of about $20 million and $15 million in 2026 and 2027,
respectively.
The B3 rating assigned to the first lien senior secured term loan
is in line with the company's B3 CFR and reflects that the first
lien senior secured term loan represents the preponderance of debt
within the company's capital structure.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
A downgrade could be considered if the company remains free cash
flow negative and liquidity deteriorates, EBITDA-to-interest
expense falls well below 2.0x, limited visibility in leverage
trending towards 6.5x debt/EBITDA, or in case of increased risk of
a debt restructuring.
A rating upgrade could be considered if adjusted debt-to-EBITDA
declines to below 5.5x, EBITDA-to-interest expense exceeds 3.0x,
free cash flow to debt exceeds 4.5%, and if the company adopts a
more conservative financial policy.
Based in St. Louis, Missouri, TricorBraun Holdings, Inc. is a
distributor of rigid packaging, with capabilities in package design
and engineering, logistics, and international sourcing. The product
line includes plastic and glass bottles, sprayers, dispensers,
closures, pails, tubes, drums and other items. End markets include
personal care, healthcare & nutraceutical, food & beverage,
industrial and household chemicals, and wine. Revenue for the 12
month period ended September 2025 was roughly $2.3 billion.
Tricorbraun is a portfolio company of Ares Management and the
Ontario Teachers' Pension Plan Board.
The principal methodology used in these ratings was Packaging
Manufacturers: Metal, Glass and Plastic Containers published in
April 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
TRILLION ENERGY: To Issue 3.57M Shares to Settle Consultant Debt
----------------------------------------------------------------
Trillion Energy International Inc. proposes to issue an aggregate
of 3,572,376 common shares of the Company at $0.035 per share in
settlement of $125,033.16 in debt owed by the Company to various
consultants of the Company. The common shares will be subject to a
four-month and one day hold period from the date of issuance as per
applicable Canadian securities legislation.
About Trillion Energy
Trillion Energy International Inc. and its consolidated
subsidiaries is a Canadian based oil and gas exploration and
production company.
Calgary, Canada-based MNP LLP, the Company's auditor since 2022,
issued a "going concern" qualification in its report dated April
30, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has a
negative working capital position, has accumulated deficits, and
negative cash flows from operations, which raise substantial doubt
about its ability to continue as a going concern.
As of June 30, 2025, the Company had $55,468,730 in total assets,
$42,387,136 in total liabilities, and a total stockholders' equity
of $13,081,594.
TRINSEO PLC: S&P Downgrades ICR to 'CCC', Outlook Negative
----------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on specialty
materials solutions provider Trinseo PLC to 'CCC' from 'CCC+', its
issue-level rating on its senior secured super-priority revolving
credit facility (RCF) and senior secured term loan to 'B-' from
'B', its issue-level rating on its senior secured term loan B to
'CCC' from 'CCC+', and its issue-level rating on its senior secured
second-lien notes to 'CC' from 'CCC-'. S&P's recovery ratings on
the company's debt are unchanged.
Trinseo PLC's operating performance has deteriorated over the first
nine months of 2025, causing its credit metrics to weaken to levels
S&P views as unsustainable.
S&P said, "The negative outlook reflects the at least one-in-three
chance we will downgrade Trinseo in the next 12 months if its
operating performance continues to deteriorate such that its
liquidity weakens or it undertakes a debt restructuring, which we
would likely view as distressed.
"We anticipate macroeconomic headwinds and demand uncertainty will
persist over the next 12 months. Trinseo derives its earnings from
cyclical end markets, including autos, building and construction,
and consumer durables. The conditions in these end markets remain
challenged by weak demand stemming from global tariff uncertainty
and changing customer purchasing patterns. Expectation of lower
interest rate at the beginning of 2025 haven't materialized and
mortgage rates remain high, which has deterred customer spending.
Weak demand across the global auto markets has also led to reduced
production volumes and supply chain de-stocking, which is weighing
on the company's sales of styrenic polymers used in auto parts.
Additionally, Trinseo continues to face pricing pressures,
especially in Europe where competition and lower resin prices have
further dampened automotive resin margins and volumes. We
anticipate this weakness will persist over the next 12 months given
that the demand visibility remains limited.
"We expect continued elevated leverage and negative free operating
cash flow (FOCF) over the forecast period. Trinseo debt leverage
stood at about 13x for the 12-months ended Sept. 30, 2025, and we
expect it will reach about 15x by the end of the year. Given our
forecast its key end markets will remain challenged over the next
12 months, we anticipate the company's debt leverage will also stay
elevated over the next 12-24 months. Additionally, we anticipate
Trinseo will generate materially negative FOCF during this period,
which we expect will reduce its current liquidity. Therefore,
absent any material improvement in its end-market demand or the
sale of its stake in the Americas Styrenics joint venture (JV), we
don't anticipate the company will be able to successfully refinance
its super Holdco debt maturing in 2028. Furthermore, the covenant
on the super-priority revolver will spring if Trinseo draws on more
than 30% of its commitment. While we currently don't forecast that
the company will trigger the covenant over the next 12 months, we
anticipate it would breach the covenant if it was tested. Although
Trinseo has announced strategic closures in Europe and suspended
its dividend starting October 2025 to help reduce its costs, we
believe the structural weakness in its end markets will more than
offset the benefits from these actions.
"Our weak business risk assessment reflects its exposure to
volatile raw material costs and cyclical key end markets. Our weak
assessment of Trinseo's business risk also incorporates its modest
geographic concentration, given that it derived 48% of its net
sales from Europe in 2024. The company benefits from favorable
market shares in key niches and technological advantages; however,
the current downturn across the chemicals sector has reduced its
operating rates, which is further pressuring its profitability.
Furthermore, Trinseo continues to rely on materials with volatile
pricing, such as styrene and butadiene, for a significant portion
of its current operations, which can lead to steep declines in its
earnings.
"The negative outlook on Trinseo reflects the potential that we
will lower our rating in the next 12 months if it appears that the
likelihood of a default has increased, or if the company is unable
to meet its debt obligations or if the company restructures or
undertakes a distressed exchange. We currently anticipate the
issuer will default absent unforeseen positive developments and
expect its credit metrics will remain elevated over the next 12
months. We forecast the company's S&P Global Ratings-adjusted debt
to EBITDA will be in the 15x-16x range over the next 12 months."
S&P could downgrade Trinseo in the next 12 months if:
-- It appears that the likelihood of a default has increased, or
if the company is unable to meet its debt obligations
-- The company engages in a restructuring transaction or pursues
an exchange that S&P considers distressed;
-- Its liquidity weakens such that its ratio of sources to uses
falls below 1.2x or S&P believes it will be difficult for it to
continue servicing its debt;
-- Against S&P's expectations, the company undertakes large
debt-funded growth projects, acquisitions, or shareholder rewards
that stretch credit measures beyond what it views as appropriate
for the rating; or
-- Its operational performance weakens further, increasing its
FOCF deficits.
S&P could revise its outlook on Trinseo to stable over the next 12
months if:
-- Macroeconomic conditions strengthen and support a sustained
recovery in the company's key end markets, leading to improvements
in its earnings and credit metrics;
-- An improvement in its earnings strengthens its EBITDA margins
such that it reduces its S&P Global Ratings-adjusted debt to EBITDA
below 10x and increases its EBITDA interest coverage above 1x; and
-- S&P believes that company's financial policies will support its
maintenance of these improved credit metrics.
TRUST CONSTRUCTION: Seeks Chapter 7 Bankruptcy in Massachusetts
---------------------------------------------------------------
On November 18, 2025, Trust Construction Corp. filed for Chapter 7
protection in the U.S. Bankruptcy Court for the District of
Massachusetts. Court records indicate the Debtor owes between
$100,001 and $1,000,000 to approximately 1–49 creditors.
About Trust Construction Corp.
Trust Construction Corp. operates within the construction and
building services industry, offering a range of services such as
new construction, remodeling, site development, and project
oversight.
Trust Construction Corp. initiated its Chapter 7 bankruptcy
proceeding (Bankr. D. Mass., Case No. 25-41246) on November 18,
2025. The filing lists estimated assets of $0–$100,000 and
liabilities of $100,001–$1,000,000.
The case is overseen by Honorable Chief Bankruptcy Judge Elizabeth
D. Katz.
The Debtor is represented by Jon H. Kurland.
TWISTED SKY: Files Emergency Bid to Use Cash Collateral
-------------------------------------------------------
Twisted Sky High Inc. asks the U.S. Bankruptcy Court for the
Western District of Pennsylvania for authority to use cash
collateral.
The Debtor identifies five potential secured creditors—the SBA,
Fora Financial Advance, two separate lenders under Itria Ventures,
and Novus Capital Funding—each of whom filed UCC-1 financing
statements claiming liens on the Debtor's assets.
The SBA holds the earliest filing from June 2020, giving it
first-priority status over all assets valued at $44,173, against a
loan balance of approximately $280,000. Because the SBA's lien
fully encumbers the Debtor's assets, all later-filed UCC-1 liens
from Fora, Itria, and Novus lack effective collateral coverage and
will be treated as unsecured claims unless later challenged. The
Debtor nevertheless acknowledges each creditor may have a facially
valid lien and proposes granting replacement liens under section
361 to mirror their pre-petition positions while reserving the
right to contest their validity and priority.
The Debtor emphasizes that access to cash collateral is essential
to maintain ordinary business operations, pay administrative
expenses, and comply with U.S. Trustee requirements during
reorganization.
The Debtor attaches a six-month interim budget outlining monthly
expenditures and seeks authority to use funds within a 10 percent
variance for each budget line. The request includes continued
cash-collateral use through the next hearing, which the Debtor asks
to be set within thirty days.
A copy of the motion is available at https://urlcurt.com/u?l=V1P2Pi
from PacerMonitor.com.
About Twisted Sky High, Inc.
Twisted Sky High, Inc. doing business as Auntie Anne's, operates
pretzel and snack food outlet at Pittsburgh International Airport
under the Auntie Anne's franchise brand. The Company is engaged in
preparing and selling soft pretzels, beverages, and related
quick-service food items to travelers and retail customers.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-22904) on October 29,
2025. In the petition signed by Paul Stepien, COO, the Debtor
disclosed up to $50,000 in assets and up to $10 million in
liabilities.
Chad Van Horn, Esq., at VAN HORN LAW GROUP, P.A., represents the
Debtor as legal counsel.
UMAMAHESH LLC: Seeks to Tap Mullin Hoard & Brown as Counsel
-----------------------------------------------------------
Umamahesh, LLC seeks approval from the U.S. Bankruptcy Court for
the Northern District of Texas to employ Mullin Hoard & Brown,
L.L.P. as counsel.
The firm will provide these services:
(a) prepare all legal papers necessary to comply with the
requisites of the United States Bankruptcy Code and Bankruptcy
Rules;
(b) advise the Debtor regarding preparation of operating
reports; motion to obtain post-petition financing, motion to pay
critical vendors; and development of a Chapter 11 Plan; and
(c) provide all other legal services ordinarily associated
with a bankruptcy case.
The firm will be paid at these hourly rates:
Partners and Associates $225 to $550 per hour
Paralegals $155 to $200 per hour
Law Clerks $110 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The retainer is $12,500.
David Langston, Esq., an attorney at Mullin Hoard & Brown,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
David R. Langston, Esq.
Mullin Hoard & Brown, LLP
P.O. Box 2585
Lubbock, TX 79408
Telephone: (806) 765-7491
Facsimile: (806) 765-0553
About Umamahesh, LLC
Umamahesh, LLC, doing business as Howard Johnson Lubbock, operates
a hotel at 5108 Interstate 27 in Lubbock, Texas, under a franchise
agreement with Wyndham Hotels & Resorts. It owns the property,
including both the land and hotel building, which is listed in a
court document with a competitive bid of $1.5 million.
Umamahesh filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Texas Case No. 25-50299) on October
31, 2025, with $1,584,056 in assets and $3,550,961 in liabilities.
Naynaben Patel, managing member, signed the petition.
Judge Mark X. Mullin presides over the case.
David R. Langston, Esq., at Mullin Hoard & Brown, L.L.P. represents
the Debtor as legal counsel.
UNIQUE THIRD: Retains Backenroth Frankel & Krinsky as Counsel
-------------------------------------------------------------
Unique Third Avenue LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Southern District of New York to
employ Backenroth Frankel & Krinsky, LLP as counsel in their
jointly administered Chapter 11 cases.
BFK will provide these services:
(a) take all necessary actions to protect and preserve the Debtors'
estates, including prosecuting actions on the Debtors' behalf,
defending actions commenced against the Debtors, negotiating
disputes involving the Debtors, and preparing objections to claims
filed against the estates;
(b) prepare on behalf of the Debtors all necessary motions,
applications, answers, orders, reports and other papers in
connection with the administration of the estates;
(c) take all necessary actions in connection with any chapter 11
plan and related disclosure statement and all related documents,
and perform such further actions as may be required in connection
with estate administration;
(d) take all necessary actions to protect and preserve the value of
the Debtors' estates; and
(e) perform all other reasonable or necessary legal services in
connection with the prosecution of the Chapter 11 cases.
For pre-petition services:
-- On June 13, 2025, BFK received $10,000 from Unique Imaging
Services;
-- On June 23, 2025, BFK received $10,000 from Joel Reisman;
-- On Sept. 16, 2025, BFK received $20,000 paid on behalf of
Mr. Reisman for the Debtors;
-- On Oct. 29, 2025, BFK received $86,952 from Mr. Reisman;
$6,952 for filing fees; and $80,000 for legal fees of $20,000 per
debtor. Of the $20,000 per debtor, $2,857 was applied to
outstanding pre-petition fees for pre-bankruptcy preparation, while
$17,143 was allocated per debtor for post-petition services.
Compensation going forward will be based on BFK's customary hourly
rates and reimbursement policies in effect when services are
rendered.
According to court filings, BFK is a "disinterested person" as
defined under Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Backenroth Frankel & Krinsky, LLP
488 Madison Avenue, Floor 23
New York, NY 10022
Telephone: (212) 593-1100
About Unique Third Avenue
Unique Third Avenue, LLC and affiliates are a group of affiliated
companies engaged in medical imaging and real estate operations in
the Bronx, New York. The group includes Third Avenue Imaging LLC
and Unique Imaging Services LLC, which operate diagnostic
laboratories equipped with MRI, CT, mammography, and ultrasound
systems; Distinguished Diagnostic Imaging, P.C., which provides
outpatient radiology services across two accredited centers at
Williamsbridge Road and East Fordham Road; and Unique Third Avenue
LLC, which owns the real estate properties at 2772, 2774, and
2777-2781 Third Avenue that house the medical operations. Together,
the companies maintain integrated clinical, equipment, and property
assets under common beneficial ownership, offering comprehensive
diagnostic imaging services to patients and referring physicians.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. N.Y. Lead Case No. 25-12461) on
November 4, 2025. In the petition signed by Nick Lavrinoff, chief
restructuring officer, Unique Third Avenue disclosed $3,261,747 in
assets and $11,429,935 in liabilities.
Judge John P. Mastando oversees the case.
Mark Frankel, Esq., at Backenroth Frankel & Krinsky, LLP,
represents the Debtor as legal counsel.
VERMONT AUS: Blue Owl Marks AUD$12.8MM 1L Loan at 34% Off
---------------------------------------------------------
Blue Owl Technology Finance Corp. has marked its AUD$12,875,000
loan extended to Vermont Aus Pty Ltd to market at AUD$8,533,000 or
66% of the outstanding amount, according to Blue Owl's Form 10-Q
for the quarterly period ended September 30, 2025, filed with the
U.S. Securities and Exchange Commission.
Blue Owl is a participant in a first lien senior secured AUD term
loan to Vermont Aus Pty Ltd. The loan accrues interest at a rate of
5.75% per annum. The loan matures on February 2029.
Blue Owl is a Maryland corporation formed on July 12, 2018. The
Company was formed primarily to originate and make loans to, and
make debt and equity investments in, technology-related companies,
specifically software companies, based primarily in the United
States. The Company originates and invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans, and
equity-related securities including common equity, warrants,
preferred stock and similar forms of senior equity, which may or
may not be convertible into a portfolio company's common equity.
The Company's investment objective is to maximize total return by
generating current income from its debt investments and other
income producing securities, and capital appreciation from its
equity and equity-linked investments.
Blue Owl is led by Craig W. Packer as Chief Executive Officer and
Jonathan Lamm as Chief Operating Officer and Chief Financial
Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Technology Finance Corp
399 Park Avenue
New York, NY 10022
Telephone: (212) 419-3000
About Vermont Aus Pty Ltd
Vermont Aus Holdco Pty Ltd is a foreign-owned company that provides
pet wellness products and services including veterinary services in
Australia and New Zealand.
VISTRA CORP: Moody's Affirms 'Ba1' CFR & Alters Outlook to Positive
-------------------------------------------------------------------
Moody's Ratings affirmed Vistra Corp.'s (Vistra) ratings, including
its Ba1 corporate family rating and Ba1-PD probability of default
rating, and revised its outlook to positive from stable. Vistra's
SGL-1 speculative grade liquidity rating is unchanged.
The affirmation included Vistra Operations Company LLC's (Vistra
Operations) senior secured rating of Baa3 and senior unsecured
rating of Ba2 and Palomino Funding Trust I's senior secured rating
of Baa3. Vistra Operations and Palomino's outlooks are positive,
reflecting Vistra's positive outlook.
This action does not affect the rating or outlook of Vistra Zero
Operating Company, LLC (Vistra Zero, Ba2 negative). Vistra Zero, a
wholly owned non-recourse subsidiary of Vistra, owns and operates a
portfolio of renewable generation and battery storage assets.
RATINGS RATIONALE
Vistra is one of the largest and most diversified merchant power
companies in the US, operating with moderate leverage. Vistra also
operates a profitable and stable retail business that contributes,
in Moody's estimates, roughly 22% of consolidated EBITDA.
The power market is experiencing an upswing due to concerns about
shortages during extreme weather events and supply is also expected
to struggle to keep pace with growing demand, particularly as it
relates to data centers. Vistra is capitalizing on the resulting
strong cash flows to reduce leverage—a key step toward
strengthening its credit profile and fostering long-term
partnerships with hyperscalers, which are typically large and
highly creditworthy counterparties.
Vistra's generation portfolio spans all major unregulated US
markets and includes a diverse mix of natural gas, coal, and
nuclear assets. The company however predominantly generates the
majority of its EBITDA from Texas, where its generation business,
in Moody's estimates, accounts for about 35% of consolidated EBITDA
and its retail segment—contributing roughly 22% of consolidated
EBITDA.
Vistra is the second-largest nuclear operator in the country, with
6.4 gigawatts (GW) of nuclear capacity. This nuclear capacity is
particularly valuable in the current environment, benefiting from a
government-supported price floor and is highly attractive to
hyperscalers' need for data center power usage because it offers
around-the-clock, emissions-free power.
Historically, Vistra's FFO to debt ratio has ranged between 17% and
24%. Moody's expects this to rise to 25% to 30% beginning in 2026,
consistent with Moody's guidance for achieving investment-grade
status.
Outlook
Vistra's positive outlook reflects its strengthening cash flows
amid a robust power market environment and its publicly stated
commitment to prioritize leverage reduction and improve financial
metrics beginning in 2026, aligning with an investment-grade credit
profile. Moody's anticipates Vistra's FFO to debt ratio will range
between 25% and 30% starting in 2026.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that Could Lead to an Upgrade
Moody's could consider upgrading Vistra's corporate family rating
to investment grade in 12 to 18 months, provided the company
demonstrates its ability to sustain an FFO to debt ratio of at
least 24% in 2026 and thereafter. Any potential upgrade would also
incorporate Moody's evaluations of Vistra's business and growth
strategy, as well as the credibility of its financial policies.
Factors that Could Lead to a Downgrade
A negative rating action or a revision to a stable outlook could
occur if Vistra faces challenges in executing its deleveraging plan
or adopts financial or strategic changes that weaken the positive
trajectory. To maintain its current ratings, Vistra must sustain an
FFO to debt ratio of at least 17%.
Company Profile
Vistra is the second largest independent power producer in the US.
The company's generation fleet totals approximately 44 GW of
generation capacity powered by a diverse portfolio, including
natural gas, nuclear, coal, solar, and battery energy storage
facilities. It is also one of the largest retail energy suppliers
in the US, serving approximately 5 million residential, commercial,
and industrial retail customers with electricity and natural gas.
LIST OF AFFECTED RATINGS
Issuer: Vistra Corp.
Affirmations:
LT Corporate Family Rating, Affirmed Ba1
Probability of Default Rating, Affirmed Ba1-PD
Preferred Stock, Affirmed Ba3
Outlook Actions:
Outlook, Changed To Positive From Stable
Issuer: Vistra Operations Company LLC
Affirmations:
Senior Secured Bank Credit Facility, Affirmed Baa3
Senior Secured Regular Bond/Debenture, Affirmed Baa3
Senior Unsecured, Affirmed Ba2
Outlook Actions:
Outlook, Changed To Positive From Stable
Issuer: Palomino Funding Trust I
Affirmations:
Senior Secured, Affirmed Baa3
Outlook Actions:
Outlook, Changed To Positive From Stable
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.
VIVAKOR INC: ClearThink Converts $323,000 Note to 3.9MM Shares
--------------------------------------------------------------
Vivakor, Inc. on November 14, 2025, received a Notice of Conversion
from ClearThink Capital Partners, LLC converting $323,528 of the
Principal Amount and interest due under the CT Note into 3,921,551
shares of the Company's common stock.
Vivakor, Inc. on May 13, 2025, issued a convertible promissory note
to CT Partners in the principal amount of $294,117.65, in relation
to a Loan and Security Agreement by and between the Company, its
subsidiaries, and the Lender.
The Company received $250,000, before fees. The Company received
the funds on May 14, 2025.
Pursuant to the terms of the CT Note and the CT Notice of
Conversion, the Company issued the CT Shares.
The CT Shares were issued without a Rule 144 restrictive legend
pursuant to a legal opinion received by the Company and its
transfer agent. The issuances of the foregoing securities were
exempt from registration pursuant to Section 4(a)(2) of the
Securities Act promulgated thereunder as the holder is an
accredited investor and familiar with the Company's operations.
About Vivakor, Inc.
Vivakor, Inc. provides transportation, storage, reuse, and
remediation services for crude oil and petroleum byproducts. The
Company operates facilities under long-term contracts to support
these services and manages energy-related assets, properties, and
technologies.
Vivakor reported total assets of $244.54 million, total liabilities
of $146.5 million, and total stockholders' equity of $98.04 million
as of June 30, 2025.
The Company has historically suffered net losses and cumulative
negative cash flows from operations, and as of June 30, 2025, it
had an accumulated deficit of approximately $112.1 million. As of
June 30, 2025 and Dec. 31, 2024, Vivakor had a working capital
deficit of approximately $105.8 million and $101.5 million,
respectively. As of June 30, 2025, the Company had cash of
approximately $3.7 million, of which $3.2 million is restricted
cash. In addition, the Company has obligations to pay
approximately $74 million of debt within one year of the issuance
of the financial statements.
In its audit report dated April 15, 2025, Urish Popeck & Co., LLC
issued a "going concern" qualification citing that the Company has
a significant working capital deficiency, suffered significant
recurring losses from operations, and needs to raise additional
funds to meet its obligations and sustain its operations. These
conditions raise substantial doubt about the Company's ability to
continue as a going concern.
VIVAKOR INC: J.J. Astor Converts $300,000 Note to 4MM Shares
------------------------------------------------------------
Vivakor, Inc., on November 14 and 18, 2025, received Notices of
Conversion from a lender each converting $150,000 of the Principal
Amount of the Initial Note into 1,855,861 and 2,354,788 shares of
the Company's common stock, respectively.
Vivakor on March 17, 2025, issued a junior secured convertible
promissory note to J.J. Astor & Co., in the principal amount of
$6,625,000, in relation to a Loan and Security Agreement by and
between the Company, its subsidiaries, and the Lender. The Company
received $5,000,000, before fees on March 18, 2025.
Pursuant to the terms of the Initial Note and the Notices of
Conversion, the Company issued the Shares. The Shares were issued
without a Rule 144 restrictive legend pursuant to a legal opinion
received by the Company and its transfer agent.
The issuances of the securities were exempt from registration
pursuant to Section 4(a)(2) of the Securities Act promulgated
thereunder as the holder is an accredited investor and familiar
with the Company's operations.
About Vivakor, Inc.
Vivakor, Inc. provides transportation, storage, reuse, and
remediation services for crude oil and petroleum byproducts. The
Company operates facilities under long-term contracts to support
these services and manages energy-related assets, properties, and
technologies.
Vivakor reported total assets of $244.54 million, total liabilities
of $146.5 million, and total stockholders' equity of $98.04 million
as of June 30, 2025.
The Company has historically suffered net losses and cumulative
negative cash flows from operations, and as of June 30, 2025, it
had an accumulated deficit of approximately $112.1 million. As of
June 30, 2025 and Dec. 31, 2024, Vivakor had a working capital
deficit of approximately $105.8 million and $101.5 million,
respectively. As of June 30, 2025, the Company had cash of
approximately $3.7 million, of which $3.2 million is restricted
cash. In addition, the Company has obligations to pay
approximately $74 million of debt within one year of the issuance
of the financial statements.
In its audit report dated April 15, 2025, Urish Popeck & Co., LLC
issued a "going concern" qualification citing that the Company has
a significant working capital deficiency, suffered significant
recurring losses from operations, and needs to raise additional
funds to meet its obligations and sustain its operations. These
conditions raise substantial doubt about the Company's ability to
continue as a going concern.
VIVAKOR INC: Widens Net Loss to $54.4 Million in 2025 Q3
--------------------------------------------------------
Vivakor, Inc. filed with the U.S. Securities and Exchange
Commission its Quarterly Report on Form 10-Q reporting a net loss
of $54.4 million for the three months ended September 30, 2025,
compared to a net loss of $7 million for the three months ended
September 30, 2024.
For the nine months ended September 30, 2025, the Company reported
a net loss of $34.3 million, compared to a net loss of $1.7 million
for the same period in 2024.
Total revenues for the three months ended September 30, 2025 and
2024, were $83.4 million and $48.1 million, respectively. For the
nine months ended September 30, 2025 and 2024, the Company had
total revenues of $17 million and $15.9 million, respectively.
As of September 30, 2025, the Company had $160.1 million in total
assets, $96.1 million in total liabilities, and $64 million in
total stockholders' equity.
Vivakor said, "We have historically suffered net losses and
cumulative negative cash flows from operations, and as of September
30, 2025, we had an accumulated deficit of approximately $148.1
million."
"As of September 30, 2025 and December 31, 2024, we had a working
capital deficit of approximately $62.3 million and $101.5 million,
respectively. As of September 30, 2025, we had cash of
approximately $1.2 million, of which $0.9 million is restricted
cash. In addition, we have obligations to pay approximately $36.6
million of debt within the next 12 months. These conditions raise
substantial doubt about the Company's ability to continue as a
going concern.
"As of September 30, 2025 and December 31, 2024, we had cash and
cash equivalents of $1,191,766 and $3,676,992 which includes
$892,124 and $3 million as restricted cash, respectively.
"For the nine months ended September 30, 2025 and 2024, our net
cash provided by operating activities was mainly composed of net
effect of the consolidated net loss of $54,358,617 and $6,983,978,
and our depreciation and amortization of $15,735,409 and
$3,062,416.
"For the nine months ended September 30, 2025 and 2024, we realized
stock-based compensation of $1,179,223 and $1,626,409 and
stock-based compensation – consultant of $1,206,000 and $0 in
lieu of using cash. We also experienced $15.9 million of non-cash
interest charges, a $9.8 million loss on conversion of debt, and a
$1.2 million loss on the disposition of assets.
"Working capital changes also contributed to operating cash flows,
most notably a $16.3 million increase in accounts payable and
accrued expenses, partially offset by increases in accounts
receivable and prepaid expenses. In the prior-year period, the
modest operating cash inflow largely reflected significantly lower
non-cash charges and a smaller working capital impact.
"Net cash provided by investing activities was $1.7 million for the
nine months ended September 30, 2025, driven primarily by $2.4
million of proceeds from the sale of property and equipment,
partially offset by $0.7 million of divestiture-related cash
returned. In contrast, for the nine months ended September 30,
2024, the Company used $2.4 million in investing activities related
to equipment purchases for the remediation processing centers, wash
plant facilities, and a pipeline extension.
"Net cash used in financing activities totaled $8.5 million for the
nine months ended September 30, 2025. This reflected substantial
payments on notes payable and finance lease obligations totaling
$28.5 million, partially offset by $15.3 million of proceeds from
third-party loans and $4.7 million of proceeds from related-party
loans. For the nine months ended September 30, 2024, financing
activities provided $2.1 million, driven by borrowings and proceeds
from the sale of common stock."
The Company did not capitalize any interest during the nine months
ended September 30, 2025, compared to $1 million of capitalized
interest during the same period in 2024.
Although the Company had no firm contractual commitments for
capital expenditures as of September 30, 2025, management
anticipates approximately $1.5 million of additional expenditures
related to the continued development of its Texas remediation and
wash plant facilities.
"Our ability to continue to access capital could be affected
adversely by various factors, including general market and other
economic conditions, interest rates, the perception of our
potential future earnings and cash distributions, any unwillingness
on the part of lenders to make loans to us and any deterioration in
the financial position of lenders that might make them unable to
meet their obligations to us. If we cannot raise capital through
public or private debt financings, equity offerings, or other
means, our ability to grow our business may be negatively affected.
In such case, we may need to suspend site and plant construction or
further acquisitions until market conditions improve."
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/y4u75xey
About Vivakor, Inc.
Vivakor, Inc. provides transportation, storage, reuse, and
remediation services for crude oil and petroleum byproducts. The
Company operates facilities under long-term contracts to support
these services and manages energy-related assets, properties, and
technologies.
Vivakor reported total assets of $244.54 million, total liabilities
of $146.5 million, and total stockholders' equity of $98.04 million
as of June 30, 2025.
In its audit report dated April 15, 2025, Urish Popeck & Co., LLC
issued a "going concern" qualification citing that the Company has
a significant working capital deficiency, suffered significant
recurring losses from operations, and needs to raise additional
funds to meet its obligations and sustain its operations. These
conditions raise substantial doubt about the Company's ability to
continue as a going concern.
WILLIAMS TREE: Unsecureds to Get Share of Income for 5 Years
------------------------------------------------------------
Williams Tree Service, LLC filed with the U.S. Bankruptcy Court for
the Western District of Virginia a Plan of Reorganization dated
November 26, 2025.
The Debtor was formed as a Virginia limited liability company in
2004. It services its customers as a tree cutting and clearing
service, mowing service, and Virginia Department of Transportation
("VDOT") contractor for highway snow removal and tree/branch
clearing company.
The Debtor's business was relatively steady and stable for its
initial ten to twelve years of existence. Beginning in 2017
however, several events impacted the Debtor negatively, impacting
its profitability and cash flow. Greg Williams' difficult divorce
along with the untimely death of the Debtor's landscape foreman
created distractions and inefficiencies in the 2017 range, and then
the successor tree foreman started and then left the Debtor is a
short period of time.
Since the petition date the Debtor has worked diligently to get its
operation up and running, as pre-petition garnishment actively had
essentially caused the Debtor to shut down. Since filing the Debtor
has been able to bring on a tree cutting crew that will allow it to
service a considerable customer backlog.
The Debtor's cash flow has improved and the Debtor is current with
its post-petition obligations. The Debtor agreed to a
$5,000.00/month adequate protection obligation to its secured
creditor, Atlantic Union Bank, and is current on that obligation
through the November payment.
As it mostly does in late summer and the fall, the Debtor has been
working to repair and properly license its snow removal and winter
work equipment. The Debtor has accomplished that and anticipates
passing its upcoming VDOT inspection, which will allow it to
anticipate lucrative winter time work.
Class 5 consists of General Unsecured Claims. As a result of a
review of its chapter 11 schedules and the claims that have been
filed in this case as of the claims bar date of November 7, 2025,
the Debtor estimates its general unsecured claims to be
approximately $66,000.00. On a semi-annual basis commencing six
months after the Effective Date, and for a period of five years
following or the date that all class 5 claims are paid in full,
whichever is sooner, and after paying any outstanding Class 1
claims, the Debtor will commit all of its disposable income to the
Williams Tree Service, LLC Reorganization Fund.
From the Williams Tree Service, LLC Reorganization Fund, the Debtor
will make annual pro-rata distributions to allowed Class 5 Claims.
The Debtor will fund its obligation to the Williams Tree Service,
LLC Reorganization Fund with its aggregate disposal income within
thirty days from the end of each six-month period. Disposable
income shall be defined as gross revenues less operating and
administrative expenses as set out in the cash flow projections,
less 25% of gross revenues for anticipated capital expenditures and
equipment repair.
Thus, provided an Effective Date in March 2026, the first general
unsecured payment will be due in October, 2026. If the Debtor's
revenue and expenses projections are accurate, Class 5 creditors
can expect to receive fifty percent of their claims, even without a
recovery from the embezzlement claim.
Class 6 consists of Equity Interests. Equity Interests of Greg
Williams, or any transferees of his interest, shall remain in place
during the pendency of this case and post-confirmation. No
distributions will be made to Greg Williams or any other
shareholders towards their equity until such time as the plan
obligations to Class 5 Claims are paid in full.
The Debtor will continue its operations servicing its customers in
the ordinary course of business. Greg Williams will continue in his
role as Manager of the Debtor at his salary previously disclosed in
this case.
A full-text copy of the Plan of Reorganization dated November 26,
2025 is available at https://urlcurt.com/u?l=FmAWVJ from
PacerMonitor.com at no charge.
Counsel for the Debtor:
Andrew S. Goldstein, Esq.
MAGEE GOLDSTEIN LASKY & SAYERS, P.C.
PO Box 404
Roanoke, VA 24003-0404
Telephone: (540) 529-1609
Facsimile: (540) 343-9898
E-mail: agoldstein@mglspc.com
About Williams Tree Service
Williams Tree Service, LLC, was formed as a Virginia limited
liability company in 2004.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. W.D. Va. Case No. 25-50509) on August 29,
2025, with $500,001 to $1 million in assets and liabilities.
Judge Rebecca B. Connelly presides over the case.
Andrew S. Goldstein, at Magee Goldstein Lasky & Sayers, P.C., is
the Debtor's legal counsel.
WINDTREE THERAPEUTICS: Widens Net Loss to $28.1 Million in 2025 Q3
------------------------------------------------------------------
Windtree Therapeutics, Inc. filed with the U.S. Securities and
Exchange Commission its Quarterly Report on Form 10-Q reporting a
net loss of $28.1 million for the three months ended September 30,
2025, compared to a net loss of $2.7 million for the three months
ended September 30, 2024.
For the nine months ended September 30, 2025, the Company reported
a net loss of $42.8 million, compared to a net loss of $4.6 million
for the same period in 2024.
As of September 30, 2025, the Company had $16 million in total
assets, $27.6 million in total liabilities, and $11.6 million in
total stockholders' deficit.
Windtree says it is subject to risks common to companies in the
biotechnology industry, including but not limited to the need for
additional capital, risks of failure of preclinical and clinical
studies, the need to obtain marketing approval and reimbursement
for any drug product candidate that the Company may identify and
develop, the need to successfully commercialize and gain market
acceptance of its product candidates, dependence on key personnel,
protection of proprietary technology, compliance with government
regulations, development of technological innovations by
competitors, and risks associated with its international operations
in Taiwan and activities abroad, including but not limited to
having foreign suppliers, manufacturers, and clinical sites in
support of the Company's development activities.
The Company said, "With the exception of certain non-recurring
items such as gain on debt extinguishment or change in fair value
of financial instruments, we have incurred net losses since
inception."
"Our net loss was $28.1 million and $42.8 million, respectively,
for the three and nine months ended September 30, 2025. Our net
loss was $2.7 million and $4.6 million, respectively, for the three
and nine months ended September 30, 2024. We expect to continue to
incur operating losses for at least the next several years.
"As of September 30, 2025, we had an accumulated deficit of $889.4
million. Our future success is dependent on our ability to fund and
develop our product candidates, and ultimately upon our ability to
attain profitable operations.
"We have devoted substantially all of our financial resources and
efforts to research and development expense and general and
administrative expense to support such research and development.
"Net losses and negative cash flows have had, and will continue to
have, an adverse effect on our stockholders' equity and working
capital, and accordingly, our ability to execute our future
operating plans.
"In July 2025, we entered into a Common Stock Purchase Agreement,
or the 2025 ELOC Purchase Agreement, establishing an equity line of
credit with the purchaser, or the Purchaser, whereby we have the
right, but not the obligation, to sell to the Purchaser, and the
Purchaser is obligated to purchase, up to $500 million of newly
issued shares of our common stock. The Purchaser is also a holder
of the Company's Series C Preferred Stock and Series D Preferred
Stock as well as a holder of certain of our convertible notes
payable.
"On October 23, 2025, we and Seven Knots entered into an amendment,
or the ELOC Amendment, to the 2025 ELOC Purchase Agreement,
pursuant to which the parties agreed to, among other things, expand
the definition of "Eligible Market" to include over-the-counter
markets, including The OTCID Basic Market.
"On October 24, 2025, pursuant to the 2025 ELOC Purchase Agreement,
we filed a Form S-1 Registration Statement under the Securities Act
of 1933 with the U.S. Securities and Exchange Commission
registering up to 555,555,556 shares of common stock under the 2025
ELOC Purchase Agreement and up to 166,687,215 shares of common
stock, issuable upon the conversion of the outstanding unpaid
principal balance, together with all accrued and unpaid interest,
if any, of the convertible promissory note, issued to Seven Knots
as consideration for it entering into the 2025 ELOC Purchase
Agreement.
"In June 2024, we entered into a Common Stock Purchase Agreement,
or the 2024 ELOC Purchase Agreement, establishing an equity line of
credit with the purchaser, or the Purchaser, whereby we have the
right, but not the obligation, to sell to the Purchaser, and the
Purchaser is obligated to purchase, up to $35 million of newly
issued shares of our common stock. The Purchaser is also a holder
of the Company's Series C Preferred Stock and Series D Preferred
Stock as well as a holder of certain of our convertible notes
payable. For the three months ended September 30, 2025, we sold
21.1 million shares of Common Stock under the 2024 ELOC Purchase
Agreement for net proceeds of $13.4 million.
"As of September 30, 2025, we had cash and cash equivalents of $0.2
million and current liabilities of $21.9 million. During July and
August 2025, we sold 21.1 million shares of common stock for net
proceeds of $13.4 million following mandatory redemption payments
on our preferred stock . . . We believe that we have sufficient
resources available to fund our business operations through
December 2025.
"We do not have sufficient cash and cash equivalents as of the date
of this Quarterly Report on Form 10-Q to support our operations for
at least the 12 months following the date that the financial
statements are issued. These conditions raise substantial doubt
about our ability to continue as a going concern.
"To alleviate the conditions that raise substantial doubt about our
ability to continue as a going concern, management plans to secure
additional capital, potentially through a combination of public or
private securities offerings, convertible debt financings, and/or
strategic transactions, including potential licensing arrangements,
alliances, and drug product collaborations focused on specified
geographic markets; however, none of these alternatives are
committed at this time.
"There can be no assurance that we will be successful in obtaining
sufficient funding on terms acceptable to us to fund continuing
operations, if at all, or identify and enter into any strategic
transactions that will provide the capital that we will require. If
we fail to raise sufficient capital, we potentially could be forced
to limit or cease our development activities, as well as modify or
cease our operations, either of which would have a material adverse
effect on our business, financial condition, and results of
operations."
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/3s6e8svs
About Windtree Therapeutics
Headquartered in Warrington, Pennsylvania, Windtree Therapeutics,
Inc. -- windtreetx.com -- is a biotechnology company focused on
advancing early and late-stage innovative therapies for critical
conditions and diseases. The Company's portfolio of product
candidates includes: (a) istaroxime, a Phase 2 candidate that
inhibits the sodium-potassium ATPase and also activates sarco
endoplasmic reticulum Ca2+ -ATPase 2a, or SERCA2a, for acute heart
failure and associated cardiogenic shock; preclinical SERCA2a
activators for heart failure; rostafuroxin for the treatment of
hypertension in patients with a specific genetic profile; and a
preclinical atypical protein kinase C iota, or aPKCi, inhibitor
(topical and oral formulations), being developed for potential
application in rare and broad oncology indications. The Company
also has a licensing business model with partnership out-licenses
currently in place.
Philadelphia, Pennsylvania-based EisnerAmper LLP, the company's
auditor since 2022, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended Dec. 31, 2024, citing that
the Company has suffered recurring losses from operations and
expects to incur losses for the foreseeable future, that raise
substantial doubt about its ability to continue as a going
concern.
As of June 30, 2025, the Company had $31.83 million in total
assets, $24.98 million in total liabilities, and $3.61 million in
total stockholders' equity.
WKH LLC: Hires Law Offices of Gary S. Poretsky as Legal Counsel
---------------------------------------------------------------
WKH, LLC seeks approval from the U.S. Bankruptcy Court for the
District of Maryland to employ The Law Offices of Gary S. Poretsky,
LLC as counsel.
The firm will provide these services:
(a) advise the Debtor of its rights, powers and duties;
(b) advise the Debtor regarding matters of bankruptcy law;
(c) represent the Debtor in proceedings and hearings in this
court;
(d) review the nature and validity of liens asserted against
the property of the Debtor and advise it of enforceability of such
liens;
(e) prepare on behalf of Debtor all necessary and appropriate
applications, motions, pleadings, drafter orders, notices, and
other documents, and review all financial and other reports to be
filed in the its chapter 11 case;
(f) advise the Debtor concerning, and prepare responses to,
legal papers that may be filed and served in the Debtor's Chapter
11 case; and
(g) perform all other legal services for and on behalf of the
Debtor that may be necessary or appropriate in the administration
of the its Chapter 11 case.
The firm's attorneys will be billed at $475 per hour plus
expenses.
Gary Poretsky, Esq., an attorney at the firm, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Gary S. Poretsky, Esq.
The Law Offices of Gary S. Poretsky, LLC
6 Church Lane
Pikesville, MD 21208
Telephone: (443) 738-5432
Email: gary@plgmd.com
About WKH, LLC
WKH LLC is a single-asset real estate debtor (as defined in 11
U.S.C. Section 101(51B)).
WKH LLC sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Md. Case No. 25-19909) on October 23, 2025. In its
petition, the Debtor reports total assets of $2,036,750 and total
liabilities of $1,525,000.
Honorable Bankruptcy Judge Michelle M. Harner handles the case.
The Debtor is represented by Gary S Poretsky, Esq. of THE LAW
OFFICES OF GARY S PORETSKY, LLC.
XCEL BRANDS: Reports $8 Million Net Loss in 2025 Q3
---------------------------------------------------
Xcel Brands, Inc. filed with the U.S. Securities and Exchange
Commission its Quarterly Report on Form 10-Q reporting a net loss
of $8 million for the three months ended September 30, 2025,
compared to a net loss of $9.2 million for the three months ended
September 30, 2024.
For the nine months ended September 30, 2025, the Company reported
a net loss of $14.8 million, compared to a net loss of $15.4
million for the same period in 2024.
Net revenues for the three months ended September 30, 2025 and
2024, were $1.1 million and $1.5 million, respectively. For the
nine months ended September 30, 2025 and 2024, the Company had
total revenues of $3.8 million and $6.5 million, respectively.
As of September 30, 2025, the Company had $40.5 million in total
assets, $23.9 million in total liabilities, and $16.6 million in
total stockholders' equity.
As of September 30, 2025, the Company has incurred recurring
losses, a history of cash flows used in operating activities, and
an accumulated deficit of $90.9 million.
While the Company has undertaken significant restructuring efforts
during 2023 and 2024 and implemented additional measures during
2025 to further optimize its cost structure, management has
determined that, absent additional funding, there is substantial
doubt about the Company's ability to meet its financial obligations
as they become due within the next 12 months.
-- In April 2025, the Company restructured its outstanding
debt and received net proceeds from financing activities.
-- In August 2025, the Company closed on a public offering and
private placement of its common stock, which provided the Company
with additional net proceeds.
While these transactions have significantly improved the Company's
liquidity position, the proceeds received may still be insufficient
to fully address the Company's liquidity needs.
These conditions raise substantial doubt about the Company's
ability to continue as a going concern.
Management intends to continue exploring strategic financing
alternatives and operational efficiencies to improve liquidity.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/4e5mm43x
About Xcel Brands
New York, N.Y.-based Xcel Brands, Inc. is a media and consumer
products company engaged in the design, licensing, marketing, live
streaming, and social commerce sales of branded apparel, footwear,
accessories, fine jewelry, home goods and other consumer products,
and the acquisition of dynamic consumer lifestyle brands. Xcel was
founded in 2011 with a vision to reimagine shopping, entertainment,
and social media as social commerce.
New York, N.Y.-based Marcum LLP, the Company's auditor since 2021,
issued a "going concern" qualification in its report dated May 27,
2025, attached to the Company's Annual Report on Form 10-K for the
fiscal year ended December 31, 2024, citing that the Company has a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
As of June 30, 2025, the Company and $47.2 million in total assets,
$24.7 million in total liabilities, and $22.5 million in total
stockholders' equity. As of September 30, 2025, the Company had
$40.5 million in total assets, $23.9 million in total liabilities,
and $16.6 million in total stockholders' equity.
YELLOW CORP: Reaches Pension-Plan Deals in Ongoing Ch. 11 Case
--------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports Yellow Corp., a
bankrupt trucking company, reached deals with 14 multiemployer
pension plans to resolve billions in disputed withdrawal
liabilities.
After years of legal battles, the pension funds consented to accept
partial claims and contribute $7.4 million for the benefit of
unsecured creditors, per a Nov. 26 filing in the U.S. Bankruptcy
Court for the District of Delaware, according to report.
The agreement includes a structured method to calculate each plan's
withdrawal liability based on prior bankruptcy and Third Circuit
rulings, and incorporates a 25% reduction for the plans' claims,
the report cites.
About Yellow Corporation
Yellow Corporation -- http://www.myyellow.com/-- operates
logistics and less-than-truckload (LTL) networks in North America,
providing customers with regional, national, and international
shipping services throughout. Yellow's principal office is in
Nashville, Tenn., and is the holding company for a portfolio of LTL
brands including Holland, New Penn, Reddaway, and YRC Freight, as
well as the logistics company Yellow Logistics.
Yellow Corporation and 23 affiliates concurrently filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del. Lead Case No. 23-11069) on August 6, 2023, before
the Hon. Craig T. Goldblatt. As of March 31, 2023, Yellow
Corporation had $2,152,200,000 in total assets against
$2,588,800,000 in total liabilities. The petitions were signed by
Matthew A. Doheny as chief restructuring officer.
The Debtors tapped Kirkland & Ellis, LLP as restructuring counsel;
Pachulski Stang Ziehl & Jones, LLP as Delaware local counsel;
Kasowitz, Benson and Torres, LLP as special litigation counsel;
Goodmans, LLP as special Canadian counsel; Ducera Partners, LLC, as
investment banker; and Alvarez and Marsal as financial advisor.
Epiq Bankruptcy Solutions is the claims and noticing agent.
Milbank LLP serves as counsel to certain investment funds and
accounts managed by affiliates of Apollo Capital Management, L.P.
while White & Case, LLP and Arnold & Porter Kaye Scholer, LLP serve
as counsels to Beal Bank USA and the U.S. Department of the
Treasury, respectively.
On Aug. 16, 2023, the U.S. Trustee for Region 3 appointed an
official committee of unsecured creditors in the Chapter 11 cases.
The committee tapped Akin Gump Strauss Hauer & Feld, LLP and
Benesch, Friedlander, Coplan & Aronoff, LLP as counsels; Miller
Buckfire as investment banker; and Huron Consulting Services, LLC,
as financial advisor.
ZUUM TRANSPORTATION: U.S. Trustee Appoints Creditors' Committee
---------------------------------------------------------------
The U.S. Trustee for Region 16 appointed an official committee to
represent unsecured creditors in the Chapter 11 case of Zuum
Transportation, Inc.
The committee members are:
1. AAA Express LLC
c/o Almina Kubat
1660 Copper Run Way
Bowling Green, KY 42101
Phone: (270) 799-5072
Email: AAAExpressacc@gmail.com
2. F&D Trucking Inc.
c/o Delon Shaoo
36730 Iroquois Drive
Sterling Heights, MI 48310
Phone: (248) 202-9033
Email: Sdelon87@gmail.com
3. AAR Logistics Inc.
c/o Ashwani Kumar
1117 Sunderland Drive
Greenwood, IN 46143
Phone: (317) 772-8295
Email: aarlogistic81@gmail.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Zuum Transportation Inc.
Zuum Transportation Inc. based in Irvine, California, operates a
digital logistics platform connecting shippers, brokers, carriers,
and drivers across the U.S. and globally. It provides
technology-driven freight and supply-chain solutions aimed at
improving efficiency and cost-effectiveness for shippers while
enhancing profitability for carriers.
Zuum Transportation sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-13127) on November 6,
2025. In the petition signed by Matt Tabatabai, chief executive
officer, the Debtor disclosed up to $50 million in both assets and
liabilities.
Judge Mark D. Houle oversees the case.
Eve H. Karasik, Esq., at Levene, Neale, Bender, Yoo & Golubchik,
LLP, represents the Debtor as legal counsel.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
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are not intended to reflect actual trades. Prices for actual
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Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
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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
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The Sunday TCR delivers securitization rating news from the week
then-ending.
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Point your Web browser to http://TCRresources.bankrupt.com/and use
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*********
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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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