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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 8, 2025, Vol. 29, No. 341
Headlines
1 SOURCE: Files Emergency Bid to Use Cash Collateral
123 NORTH 4TH ST: Case Summary & Six Unsecured Creditors
123 NORTH: Seeks Chapter 11 Bankruptcy in New York
1544 MULTIFAMILY: Case Summary & 10 Unsecured Creditors
1544 MULTIFAMILY: Seeks Ch. 11 Bankruptcy in District of Columbia
196 REAL: Seeks Chapter 7 Bankruptcy in New York
23ANDME HOLDINGS:Judge Outlines Trust Rules, Creditor Claim Process
2617-23 FOSTER: Seeks to Extend Plan Exclusivity to March 9, 2026
30 EAST 40TH: Seeks Chapter 11 Bankruptcy in New York
31FO LLC: Claims to be Paid From Sale Proceeds
345 PROPERTIES: Seeks Chapter 11 Bankruptcy in Virginia
351 NORTH: Seeks Chapter 11 Bankruptcy in California
5 TUNN: Seeks Chapter 11 Bankruptcy in Massachusetts
520 E: Seeks Chapter 11 Bankruptcy in New York
700 TRUST: 11th Circuit Tosses Appeal over Case Transfer
904 X 4 INC: Gets Interim OK to Use Cash Collateral Until Jan. 15
A-AP BUYER: Moody's Affirms 'B1' CFR & Alters Outlook to Negative
AARTI WESTERN: Seeks Chapter 11 Bankruptcy in Texas
AB INTERNATIONAL: Has $1.5MM FY25 Income, Going Concern Doubt
ABUELO'S INT'L: Seeks to Extend Plan Exclusivity to March 1, 2026
ACCURATE COMMUNICATION: Mary Sieling Named Subchapter V Trustee
ADVANTIS INVESTMENT: Final Cash Collateral Hearing Set for Dec. 15
AGREETA SOLUTIONS: Seeks to Extend Exclusivity to April 22, 2026
ALBAUGH LLC: S&P Affirms 'BB-' Issuer Credit Rating, Outlook Neg.
ALGORHYTHM HOLDINGS: Fails to Meet Nasdaq Equity Requirement
ALLSTATE SALES: Bank Hapoalim Wants Thomas Buck as Receiver
ALLURE IMAGE: Case Summary & Seven Unsecured Creditors
ALTICE USA: Executives Split $2MM Special Bonuses
AMERICAN SIGNATURE: Gets Interim OK for DIP Financing From SACP
AMERICAN WARRIOR: Amendment of Garden City Property Sale OK'd
AMERIFIRST FINANCIAL: Gets Court OK for Chapter 11 Plan Disclosures
ANNALEE DOLLS: Court Extends Cash Collateral Access to Dec. 31
ARCHDIOCESE OF NEW ORLEANS: Judge Takes Weekend to Review Plan
ARISTOI CLASSICAL: S&P Rates 2025A/B and 2025B Revenue Bonds 'BB'
ARK HOME 3: Seeks Chapter 11 Bankruptcy in Texas
ARK HOME 7: Seeks Chapter 11 Bankruptcy in Texas
ASCEND PERFORMANCE: Seeks to Extend Exclusivity to March 17, 2026
ASURION LLC: Moody's Affirms 'B1' CFR, Outlook Stable
ATIF INC: Court Tosses Appeal in Fraudulent Transfer Case
BAFFINLAND IRON: Moody's Appends 'LD' Designation to 'Caa3-PD' PDR
BARMASTERS LLC: Section 341(a) Meeting of Creditors on January 12
BEAUX EQUITIES: Powercap Lawsuit Goes to Trial
BEAUX EQUITIES: Shorivger Trust et al. Lose Bid to Dismiss Lawsuit
BEYOND AIR: CFO Doug Larson Resigns for New Opportunity
BLOCKFI INC: Secures Final Court OK of $13MM Settlement
BMH ONE RE: Voluntary Chapter 11 Case Summary
BMX TRANSPORT: Pendergrass Property Sale to Jackson County OK'd
BOREN INC: Court Extends Cash Collateral Access to Dec. 30
BOY SCOUTS: Opposes Supreme Court Review of Chapter 11 Deal
BRIDGING THE DIVIDES: Seeks Chapter 11 Bankruptcy in North Carolina
BROWNIE'S MARINE: Issues 48.12MM Shares to CEO, Director
BURGUNDIAN LLC: Accountant Wins $17,352.50 in Fees
BURGUNDIAN LLC: Counsel's First Fee Application Okayed
BURGUNDIAN LLC: Subchapter V Trustee's Fee Application Okayed
CANDYWAREHOUSE.COM INC: Gets Final OK to Use Cash Collateral
CAPROCK LAND: Bunkley, et al. Win Bid for Payment of Defense Costs
CAPSTONE BORROWER: Fitch Alters Outlook on 'B+' IDR to Negative
CAPSTONE TOPCO: $250MM Incremental Loan No Impact on Moody's B3 CFR
CBDMD INC: Adopts 2025 Equity Plan with 2% Annual Evergreen
CBDMD INC: Sets CEO Kennedy's Annual Base Salary at $340,000
CELANESE US: Fitch Assigns 'BB+' Rating on Senior Unsecured Notes
CLOUD SOFTWARE: Moody's Ups CFR to 'B2', Outlook Stable
COBRA TIRE: Case Summary & 20 Largest Unsecured Creditors
COMINAR REAL: DBRS Cuts Issuer Rating to BB
COMMUNITY HEALTH: Labcorp Acquires CHS Outreach Business for $194MM
COURTNEY CYPLIK: Wins Bid to Convert Bankruptcy Case to Chapter 11
COVIA HOLDINGS: Moody's Affirms B1 CFR & Alters Outlook to Negative
CREATIVE STARS: Gets Final OK to Use Cash Collateral
CRESCENT ENERGY: Moody's Rates New Senior Unsecured Notes 'B1'
CROWN CAPITAL: Court Dismisses Certain Chapter 11 Cases
DATAVAULT AI: Closes $150 Million BTC Deal with Scilex Holding
DORADO PUTT: Unsecured Creditors Will Get 100% of Claims in Plan
DP LOUISIANA: Court Extends Cash Collateral Access to Dec. 16
DXP ENTERPRISES: $205MM Loan Add-on No Impact on Moody's 'B1' CFR
EAZY-PZ LLC: Seeks Six-Month Extension to Use Cash Collateral
EL DORADO FARM: Section 341(a) Meeting of Creditors on January 6
ELFAND ORGANIZATION: Stay Relief, Chapter 7 Conversion Upheld
ELLIOT DANILOFF: Legal Bureau Liga Disputes Referred to Mediation
ENCORE CAPITAL: Moody's Affirms 'Ba2' CFR, Outlook Remains Stable
ENDRA LIFE: CTO Michael Thornton Transitions to Consultant Role
ERIC R. HARTMAN: To Sell Assets to Zuidema Chiropractic for $9K
ETG FIRE: To Sell Personal Property to Jack Gerard for $10K
FELT & FAT: Gets Interim OK to Use Cash Collateral
FIRST BRANDS: Business Falters Amid Customer Payment Uncertainty
FLIGHT 509: Seeks Cash Collateral Access
FORGENT INTERMEDIATE: S&P Assigns 'B' ICR, Outlook Stable
FORTNA GROUP: S&P Lowers ICR to 'CCC-' on Cash Burn, Outlook Neg.
FORTUNE CIRCLE: Affiliate Seeks Cash Collateral Access
FP HOUSTON: Gets Court OK to Use Cash Collateral
FREEDOM MORTGAGE: Fitch Rates New Sr. Unsecured Notes 'B+(EXP)'
FTX TRADING: Amended Complaint in Farmington, et al. Case Tossed
FTX TRADING: Trust Drops $50MM Claim Against African Fintech
GENESIS HEALTHCARE: Creditors Contest Insider Deal, Plan to Sue
GENESIS HEALTHCARE: Rochelle McCullough Represents Tort Claimants
GIAPREET LLC: Voluntary Chapter 11 Case Summary
GLASS MANAGEMENT: Court Extends Cash Collateral Access to Jan. 7
GOOD WORKS: Amends U.S. Bank Trust Secured Claim Pay
GROUNDWORKS LLC: Moody's Affirms 'B3' CFR, Outlook Remains Stable
HANESBRANDS INC: S&P Withdraws 'B+' ICR on Acquisition by Gildan
HEADWAY WORKFORCE: Court Okays Waldrep Wall's Fee Application
HERC HOLDINGS: Moody's Rates New $1.2BB Sr. Unsecured Notes 'Ba3'
HERTZ GLOBAL: DOJ Urges Supreme Court to Deny Chapter 11 Appeal
HIGHLINE AFTERMARKET: Term Loan Add-on No Impact on Moody's B2 CFR
HOPEMAN BROTHERS: District Court to Hear Liberty Mutual Dispute
HS MIDCO: S&P Affirms 'B-' ICR on Refinancing, Outlook Stable
HS PURCHASER: Moody's Affirms 'B3' CFR & Alters Outlook to Negative
HUDSON PACIFIC: Reduces Shares to 54.2MM via 1-for-7 Reverse Split
INTERMEDIATE III: Moody's Assigns First Time B1 Corp. Family Rating
IROBOT CORP: Carlyle Sells $190MM Loan to Contract Manufacturer
IRON CROSS: Court Dismisses Chapter 11 Bankruptcy Case
IT IS WELL: Gets Final OK to Use Cash Collateral
JB GROUP: Gets Court OK to Use Cash Collateral
KEYERA CORP: DBRS Confirms BB(High) Rating on Subordinated Notes
KOSCIUSZKO DEVELOPMENT: Seeks Chapter 7 Bankruptcy in Pennsylvania
KPOWER GLOBAL: Mike Kattawar, Jr. to Receive $7,500 Salary Per Week
KRUGER PRODUCTS: DBRS Hikes Sr. Unsec. Notes Rating to BB(low)
LANDERS DEVELOPMENT: Arkansas Property Sale for $320K OK'd
LANDERS DEVELOPMENT: Taps Crye-Leike Realtors as Real Estate Agent
LEXARIA BIOSCIENCE: MaloneBailey Raises Going Concern Doubt
LINQTO TEXAS: Secures OK to Solicit Plan Votes w/ Stock Deal
LOADED BARREL: Gets Court OK to Use Cash Collateral Until Jan. 9
MALLINCKRODT PLC: Opioid Trust Loses Appeal in Clawback Case
MANA GROUP: Files Amendment to Disclosure Statement
MANE SOURCE: Court Confirms Amended Chapter 11 Plan
MARINE WHOLESALE: Seeks to Use Cash Collateral Until July 2026
MARQUEZ CONSTRUCTION: OSC's Administrative Expense Claim Allowed
MARYLAND HEALTH: Gets Court OK to Use Cash Collateral Until Dec. 20
MATTAMY GROUP: Moody's Rates New Senior Unsecured Notes 'Ba2'
MCGLOTHLIN INVESTMENTS: To Sell Moneta Property to C. & L. Barnes
MCHUGH JUNK: Allowed to Pay Pre-Petition Wages
MEG ENERGY: Moody's Withdraws 'Ba3' CFR Following Debt Repayment
MILLENKAMP CATTLE: Kander's Final Fee Application Okayed
MODIVCARE INC: Lenders Want Speedy Chapter 11 Plan Approval
MORTGAGES LTD: Final Distribution, Deposit of Unclaimed Funds OK'd
MSOF BEACON: Moody's Assigns 'B2' CFR, Outlook Stable
MW MASON: Gets Interim OK to Use Cash Collateral
NAVACORD INTERMEDIATE: Fitch Affirms B LongTerm IDR, Outlook Stable
NAVACORD INTERMEDIATE: Moody's Affirms 'B3' CFR, Outlook Stable
NEW HOME: $75MM Unsecured Notes Add-on No Impact on Moody's B2 CFR
NORTHERN FUEL: Stipulated Motion for Automatic Stay Relief Okayed
OFFICE PROPERTIES: Russell R. Johnson Represents Utility Companies
OFFICE PROPERTIES: Sussman & Moore Represents Utility Companies
OMNICARE LLC: Court OKs Bid Rules for Pharmaceutical Asset Sale
P3 HEALTH: Falls Below Nasdaq $2.5MM Equity Requirement
PACIFIC RADIO: Seeks to Use Cash Collateral
PAINT INTERMEDIATE III: S&P Alters Outlook to Neg, Affirms 'B' ICR
PAREXEL INTERNATIONAL: Moody's Cuts CFR to 'B2', Outlook Stable
PARTNERS PHARMACY: Seeks to Extend Exclusivity to April 10, 2026
PHB 2023: To Sell Sebring Property to Mazal in Sebring for $2.3MM
PINEAPPLE PROPERTIES: Augustine Property Sale to B. Szolgyemy OK'd
PINEY POINT: To Sell Houston Property to Silverstone for $75MM
PRECISION DRILLING: Moody's Ups CFR to 'Ba2', Outlook Stable
PRINCE LAND: Amends Unsecured Claims Pay Details
PRINCE LAND: Gets Extension to Access Cash Collateral
PROFESSIONAL DIVERSITY: Signs $1.6MM Deeptrade Consultancy Deal
PROPEL TRUCKING: Gets Final OK to Use Cash Collateral
PUSHPA INTERNATIONAL: Cash Collateral Hearing Set for Feb. 26
REBORN PHOENIX: Updates Habib Secured Claims Pay; Amends Plan
RICHFIELD NURSING: Court OKs Nursing Facility Asset Sale to MHBK5
ROCKFORD SILK: Gets Interim OK to Use Cash Collateral Until Dec. 13
ROSE RENTAL: Seeks Subchapter V Bankruptcy in Mississippi
SAI BHOLE-NATH: Seeks Chapter 11 Bankruptcy in Texas
SAMYS OC: Court Extends Cash Collateral Access to Dec. 30
SANCTUARYSPA INC: Unsecureds Will Get 4% of Claims over 60 Months
SCHAFER FISHERIES: Court Extends Cash Collateral Access to Dec. 31
SCILEX HOLDING: Completes $150MM BTC Deal with Datavault AI
SCT PARK: PNC Wants GlassRatner's Brown as Receiver
SHERWOOD TRUST: Seeks Chapter 11 Bankruptcy in California
SIX COOKS: Gets One-Month Extension to Use Cash Collateral
SLEEP QUARTERS: Seeks Chapter 11 Protection in Texas
SONDER HOLDINGS: Seeks Approval of Bid Protocol for Property Sale
SONIM TECHNOLOGIES: Amends $15MM Asset Sale Agreement, Drops RTO
SPIN HOLDCO: Moody's Cuts CFR to Caa3 & Alters Outlook to Negative
SPIRIT AIRLINES: Seeks Court OK for $140MM Engine Settlement
SPIRITRUST LUTHERAN: Gets Interim OK for DIP Financing From M&T
SPRAYTECH LLC: Unsecureds Will Get 3.23% of Claims over 5 Years
STAKEHOLDER MIDSTREAM: Moody's Puts 'B2' CFR on Review for Upgrade
STANDARD BUILDING: Fitch Rates New USD Unsec. Notes Due 2034 'BB'
STANDARD BUILDING: Moody's Rates New Senior Unsecured Notes 'Ba3'
STARCO BRANDS: Extends Forbearance Deal with Gibraltar to Dec. 31
STUDENT TRANSPORTATION: Moody's Rates New Upsized Term Loan 'B1'
SUPRA NATIONAL: Gets Interim OK to Obtain DIP Loan From CSNK
SURVWEST LLC: Claims to be Paid from Continued Operations
SWF HOLDINGS I: Moody's Cuts CFR to Caa2 & Alters Outlook to Neg.
TECHNICAL ARTS: Allowed to Pay Prepetition Wages
TECHNICAL ARTS: Can Maintain Cash Management System, Bank Accounts
TELUS CORP: S&P Rates New C$-Denominated Subordinated Notes 'BB'
TITAN GROUP: Cash Collateral Hearing Set for Dec. 10
TOGETHER GOOD: Lender Seeks to Prohibit Cash Collateral Access
TRILLION ENERGY: Reports $4MM Net Loss in 2025 Q3, Revenues Fall
TRIUMPH GROUP: S&P Withdraws 'B-' ICR on Acquisition by Berkshire
UNIFIED VAILSBURG: Voluntary Chapter 11 Case Summary
UNIQUE REALTY: Seeks to Hire Dilks Law Firm as Bankruptcy Counsel
UNITED PROPERTY: Court OKs Deal on Cash Collateral Access
UNITED PROPERTY: Unsecureds Will Get 3.1% of Claims over 3 Years
URBANCORE PRESERVATION: Fannie Mae Wants Kimaz as Receiver
US FERTILITY: Moody's Affirms B2 CFR & Rates New First Lien Debt B2
US MAGNESIUM: Creditors Urge Court to Reject $10MM Chapter 11 Loan
VENTURE GLOBAL: S&P Assigns Prelim 'BB+' Rating on Secured Notes
VENUS CONCEPT: Madryn Agrees to Relax Minimum Liquidity Covenant
VILLAGE HOMES: Court OKs VWP Property Sale to Karin Sommers
VILLAGE HOMES: To Sell Sunset Lane Property to Garrett Cesander
VIVAKOR INC: Grants Series A Holders 35% Voting Rights
VIVAKOR INC: Issues 3.6MM Shares for Series A Preferred Dividends
VSBROOKS INC: Files Emergency Bid to Continue Using Cash Collateral
WELLMADE FLOOR: Plan Exclusivity Period Extended to March 2, 2026
WFO LLC: Files Amended Plan; Confirmation Hearing January 12, 2026
WHITE ROCK: Gets Interim OK to Use Cash Collateral Until Dec. 18
WILDEC LLC: Gets Final OK to Use Cash Collateral
WORK 'N GEAR: Seeks to Sell Retail Business at Auction
WRENCH GROUP: S&P Withdraws 'B-' ICR Following Debt Redemption
YUNHONG GREEN: Appoints Jeffrey Leader as Independent Director
YVONNE ANN CHMIELOWIEC: Counsel's Interim Fee Application Okayed
ZEKELMAN INDUSTRIES: Moody's Affirms 'Ba2' CFR, Outlook Stable
ZION OIL & GAS: Amends Article XI with TBOC Compliance
*********
1 SOURCE: Files Emergency Bid to Use Cash Collateral
----------------------------------------------------
1 Source, LLC asks the U.S. Bankruptcy Court for the Southern
District of Alabama for authority to use ServisFirst Bank's cash
collateral.
The Debtor intends to use the lender's cash collateral to pay
operating expenses listed in its proposed budget.
ServisFirst asserts a secured claim of approximately $885,000 based
on two 2024 loans and claims perfected security interests in
accounts receivable, inventory, and equipment, including assets of
an affiliated entity, Gulf States Industrial Services.
As adequate protection, the Debtor proposes granting replacement
liens to ServisFirst, maintaining the same validity, extent, and
priority as of the petition date, with cash collateral usage
restricted to budgeted items subject to limited variance.
The replacement liens would be subordinate to certain
administrative expenses, including professional fees and court
costs, when necessary.
The Debtor reserves all rights to dispute the lender's liens but
maintains that authorized cash collateral use will maximize asset
value for creditors.
1 Source sells, rents, and services heavy power equipment in Mobile
County, Alabama. Declining industry conditions and the loss of a
major dealership contract significantly reduced the Debtor's
revenue in recent years. At filing, the Debtor held roughly $26,600
in cash and $84,500 in accounts receivable.
A copy of the motion is available at https://urlcurt.com/u?l=za1nXb
from PacerMonitor.com.
About 1 Source LLC
1 Source, LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Ala., Case No. 25-13269) on November 21, 2025. In
its petition, the Debtor reported between $1 million and $10
million in assets and liabilities.
Honorable Bankruptcy Judge Jerry C. Oldshue handles the case.
Alexandra K. Garrett and Jason R. Watkins, Esq., at Silver Voit
Garrett & Watkins, represent the Debtor as legal counsel.
123 NORTH 4TH ST: Case Summary & Six Unsecured Creditors
--------------------------------------------------------
Debtor: 123 North 4th St Group LLC
164 Clymer Street
Brooklyn, NY 11211
Business Description: 123 North 4th St Group LLC is a single-asset
real estate company owning a mixed-use
building at 123 North 4th Street, Brooklyn,
New York 11249.
Chapter 11 Petition Date: December 4, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-45843
Judge: Hon. Jil Mazer-Marino
Debtor's Counsel: Joel M. Shafferman, Esq.
SHAFFERMAN & FELDMAN LLP
137 Fifth Avenue
9th Floor
New York, NY 10010
Tel: (212) 509-1802
Email: shaffermanjoel@gmail.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Mark Taub as co-chief restructuring
officer.
A full-text copy of the petition, which includes a list of the
Debtor's six unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/5HWWCKQ/123_North_4th_St_Group_LLC__nyebke-25-45843__0001.0.pdf?mcid=tGE4TAMA
123 NORTH: Seeks Chapter 11 Bankruptcy in New York
--------------------------------------------------
On December 4, 2025, 123 North 4th St Group LLC filed for Chapter
11 protection in the Eastern District of New York. According to
court filings, the Debtor reports between $1 million and $10
million in debt owed to approximately 1–49 creditors.
About 123 North 4th St Group LLC
123 North 4th St Group LLC is a single asset real estate company.
123 North 4th St Group LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y., Case No. 25-45843) on
December 4, 2025. In its petition, the Debtor reports estimated
assets of $1 million to $10 million and estimated liabilities
within the same range.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor is represented by Shafferman & Feldman LLP.
1544 MULTIFAMILY: Case Summary & 10 Unsecured Creditors
-------------------------------------------------------
Debtor: 1544 Multifamily, LLC
4132 Georgia Avenue, NW
Washington, DC 20018
Business Description: 1544 Multifamily, LLC is a single-asset real
estate company with its principal property
located at 1544 Rhode Island Avenue NW,
Washington, D.C. 20011.
Chapter 11 Petition Date: December 3, 2025
Court: United States Bankruptcy Court
District of Colombia
Case No.: 25-00561
Judge: Hon. Elizabeth L Gunn
Debtor's Counsel: Richard G. Hall, Esq.
RICHARD HALL
601 King Street
Suite 301
Alexandria, VA 22314
Tel: (703) 256-7159
E-mail: richard.hall33@verizon.net
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Dereje Seifu as principal managing
member.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/V7MVSPQ/1544_Multifamily_LLC__dcbke-25-00561__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 10 Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. American Insurance LLC $21,000
1325 G Street, NW #500
Washington, DC 20005
2. Carter Lumber $127,000
PO Box 40
Kent, OH 44240
3. Enviro Lawn & Landscape $14,830
14840 Murdock Street
Chantilly, VA 20151
4. Ernest Maier $13,100
4700 Annapolis Road
Bladensburg, MD 20710
5. Etta Electric $43,000
331 34th Place
Washington, DC 20019
6. Georgia Builders, LLC $1,050,000
4132 Georgia Ave
Washington, DC 20011
7. Kalid Ali $62,000
1707 Poling Ave
Fort Washington,
MD 20744
8. Sherwin Williams Paint Paint $19,800
c/o Altus Recivables Mgmt
PO Box 186
Metairie, LA 70004
9. TECH Solutions, LLC $8,500
4900 Kent Ave
Beltsville, MD 20705
10. Thomas Gedel, LLC $2,300,000
6419 Casperson Road
Alexandria, VA 22315
1544 MULTIFAMILY: Seeks Ch. 11 Bankruptcy in District of Columbia
-----------------------------------------------------------------
On December 3, 2025, 1544 Multifamily LLC sought Chapter 11
protection in the District of Columbia. According to court filings,
the Debtor reports between $10 million and $50 million in debt owed
to 1–49 creditors.
About 1544 Multifamily LLC
1544 Multifamily LLC is a single asset real estate company.
1544 Multifamily LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.C. Case No. 25-00561) on December 3,
2025. In its petition, the Debtor reports estimated assets of $10
million–$50 million and estimated liabilities of $10
million–$50 million.
Honorable Bankruptcy Judge Elizabeth L. Gunn handles the case.
The Debtor is represented by Richard G. Hall, Esq.
196 REAL: Seeks Chapter 7 Bankruptcy in New York
------------------------------------------------
On December 3, 2025, 196 Real Estate LLC filed for Chapter 7
protection in the Eastern District of New York. According to court
filings, the Debtor reports between $100,001 and $1,000,000 in debt
owed to 1–49 creditors.
About 196 Real Estate LLC
196 Real Estate LLC is a single asset real estate company.
196 Real Estate LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-45803) on December 3,
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 Bankruptcy Judge Elizabeth S. Stong handles the case.
23ANDME HOLDINGS:Judge Outlines Trust Rules, Creditor Claim Process
-------------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that a bankruptcy
judge has approved the equity holders' committee's version of
23andMe's administration trust agreement, establishing a $1.5
million budget for professional fees as the company winds down. The
ruling preserves a role for the unsecured creditors' committee in
the claims reconciliation process, despite objections over the
budget and scope of involvement.
US Bankruptcy Judge Brian C. Walsh said during the December 4,
2025, hearing that the equity committee’s proposal was more
efficient than the unsecured creditors' request for a $1.875
million budget. He also noted that allowing unsecured creditors to
participate in claim reconciliation was neither unusual nor
improper, confirming that the committee's representative would
continue to be involved as the case progresses.
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.
2617-23 FOSTER: Seeks to Extend Plan Exclusivity to March 9, 2026
-----------------------------------------------------------------
2617-23 Foster Ave. Realty Corp. asked the U.S. Bankruptcy Court
for the Eastern District of New York to extend its exclusivity
periods to file a plan of reorganization and obtain acceptance
thereof to March 9, 2026 and May 4, 2026, respectively.
The Debtor submits that sufficient "cause" exists pursuant to
section 1121(d) of the Bankruptcy Code to extend the Exclusivity
Periods as provided herein. Each of the relevant factors weighs in
favor of an extension of the Exclusivity Periods, as follows:
* The Debtor Has Made Good Faith Progress Towards
Reorganization. The Debtor has already satisfied several key
milestones in this Chapter 11 case, which include, among other
things, retaining bankruptcy counsel and accountants, moving for a
bar date, obtaining Interim and Final Orders regarding cash
collateral and its utilities, and making adequate protection
payments to CI Notes. The Debtor, however, requires additional time
to facilitate a sale of the Property and finalize negotiations with
CI Notes.
* The Debtor is Paying its Debts as They Come Due. Since the
Petition Date, the Debtor has paid its debts in the ordinary course
of business or as otherwise provided by order of the Court. The
Debtor continues to make adequate protection payments to CI Notes
pursuant to the Interim and Final Orders regarding the Debtor's use
of cash collateral. In addition, the Debtor made a payment to the
NYC Department of Finance for real estate taxes that came due July
1, 2025.
* An Extension Will Not Pressure Creditors. The Debtor's
request for an extension of the Exclusivity Periods herein is not a
negotiating tactic but instead a reflection of the fact that this
Chapter 11 case is not ripe for the formulation and confirmation of
a viable Chapter 11 plan. By preserving the status quo,
negotiations with CI Notes can continue toward a consensual Chapter
11 plan.
2617-23 Foster Ave. Realty Corp. is represented by:
Rosen, Tsionis & Pizzo, PLLC
Alex E. Tsionis, Esq.
Daniel J. LeBrun, Esq.
38 New Street
Huntington, New York 11743
Phone: (631) 423-8527
Email: atsionis@ajrlawny.com
dlebrun@ajrlawny.com
About 2617-23 Foster Ave. Realty Corp.
2617-23 Foster Ave. Realty Corp. operates in the real estate
sector. The Debtor owns the property located at 2617-23 Foster
Ave., Brooklyn, New York 11210, with an estimated value of $1.4
million.
2617-23 Foster Ave. Realty Corp. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-40624) on
February 7, 2025. In its petition, the Debtor reports total assets
of $1,486,155 and total liabilities of $1,366,075.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor is represented by Alex E. Tsionis, Esq., at Law Offices
of Avrum J. Rosen, PLLC, in Huntington, New York.
30 EAST 40TH: Seeks Chapter 11 Bankruptcy in New York
-----------------------------------------------------
On December 2, 2025, 30 East 40th L.L.C. sought Chapter 11
protection in the Southern District of New York. According to court
filings, the Debtor reports between $10 million and $50 million in
debt owed to 1–49 creditors.
About 30 East 40th L.L.C.
30 East 40th L.L.C. is a single asset real estate company.
30 East 40th L.L.C. filed for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-12696) on December 2,
2025. In its petition, the Debtor lists estimated assets between
$10 million and $50 million and estimated liabilities in the same
range.
Honorable Bankruptcy Judge Michael E. Wiles handles the case.
The Debtor is represented by Mark A. Frankel, Esq. of Backenroth
Frankel & Krinsky, LLP.
31FO LLC: Claims to be Paid From Sale Proceeds
----------------------------------------------
31FO, LLC, submitted an Amended Disclosure Statement describing
Amended Plan of Reorganization dated December 2, 2025.
The Debtor is a real estate development company and acquired the
Property in 2018. The Debtor's principal, David DeRosa, contributed
significant sums prior to and during the bankruptcy case to
complete construction. The Debtor obtained a certificate of
occupancy for the Property and previously retained the firm of
Serhant LLC as the Debtor's real estate broker for purposes of
bankruptcy.
Separate and apart from the redevelopment of the Property, the
Debtor, DeRosa and various affiliates were parties to a settlement
(the "Settlement"), to resolve a complex partnership dispute
principally between Rakesh Bhargava of MangoTree Real Estate
Holdings, L.P. and DeRosa, the principal of the Debtor and manager
of IPA Asset Management LLC ("IPA"). The settlement was concluded
through arbitration in 2023 and required payments by the Debtor and
its affiliates to MangoTree in the total sum of $8,591,948.55.
The predicate for the commencement of the Chapter 11 case was the
Debtor's desire to complete the development and refurbishment of
the Property for resale despite entry of a judgment of confession
by MangoTree. The Property constitutes a substantial real asset
under any objective measure and retains relatively significant
value.
The funding for the Plan is predicated upon a private sale (the
"Sale") of the Debtor's luxury residential property at 31 Fort
Hill, Lloyd Neck, New York (the "Property") to a third-party buyer
for a total purchase price of $16.8 million.
The private sale was previously approved by the Bankruptcy Court
pursuant to Order dated October 20, 2025 (the "Sale Order") and
constitutes the cornerstone of the Plan. The purchase price is
sufficient to pay all allowed claims in full, subject to a final
reconciliation (and likely objection) regarding the claim filed by
MangoTree Real Estate Holdings, L.P. and Opportunity Zone RE 2019,
LLP (collectively "MangoTree") for payment of certain pre-petition
default interest and reasonable attorneys' fees.
A closing is scheduled to occur on the sale by year end (December
31, 2025) pursuant to the terms of the Debtor's confirmed Plan so
the Sale qualifies for certain transfer tax exemptions.
Here, the Plan designates all Classes of Claims as being deemed
unimpaired by virtue of the Debtor's intended full payment of
Allowed Claims together with applicable post-petition interest from
the sale proceeds. As such, the Disclosure Statement is being
disseminated mainly for informational purposes although in an
abundance of caution the Debtor intends to solicit votes from all
creditors. At this point, the only potential dispute relates to the
computation of the claim to be allowed to MangoTree. Pending a
determination of allowed interest and legal fees, a reserve shall
be established from the sale proceeds for the disputed portion of
MangoTree's claim.
Class 4 shall consist of all Allowed Unsecured Claims of creditors.
The Allowed Class 4 Claims of general unsecured creditors shall be
paid up to 100% of their respective Allowed Claims, together with
post-petition interest at the Federal Judgment rate (as
applicable), from the Distribution Fund shortly after the Closing
on the sale of the Property. The Class 4 Allowed General Unsecured
Claims are unimpaired and are deemed to accept the Plan.
David DeRosa, as the sole holder of the Class 5 equity interest in
the Debtor shall continue to retain his interests in the Debtor
after the Effective Date and shall receive any surplus after
payment in full of all Allowed classified and unclassified Claims.
Hereunder.
The Plan shall be funded with the proceeds generated by the private
sale of the Property as previously approved pursuant to the Order
of the Court dated October 20, 2025 (the "Sale Order"). The Sale
Order together with approval of the underlying asset purchase
agreement, is incorporated by reference and, in accordance
therewith. the Debtor shall deliver a Bargain and Sale Deed to the
Property free and clear of all Claims, liens, taxes and
nonpermitted encumbrances.
A full-text copy of the Amended Disclosure Statement dated December
2, 2025 is available at https://urlcurt.com/u?l=7S00rp from
PacerMonitor.com at no charge.
Counsel for the Debtor:
Goldberg Weprin Finkel Goldstein LLP
Kevin J. Nash, Esq.
125 Park Avenue, 12th Floor
New York, New York 10017
(212) 221-5700
About 31FO LLC
31FO LLC was organized in 2018 as a New York limited liability
company to own and develop real property. The Debtor is the fee
simple owner of real property located at 31 Fort hill, Lloyd Neck,
NY 10073 having an appraised value of $23 million.
31FO LLC sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. E.D.N.Y. Case No. 24-73893) on Oct. 10, 2024. In the
petition filed by David D. DeRosa, managing member, the Debtor
reports total assets of $23,000,000 and total liabilities of
$12,841,948.
The Honorable Bankruptcy Judge Robert E. Grossman handles the
case.
The Debtor is represented by Robert L. Rattet, Esq., at Davidoff
Hutcher & Citron LLP.
345 PROPERTIES: Seeks Chapter 11 Bankruptcy in Virginia
-------------------------------------------------------
On December 3, 2025, 345 Properties LLC sought Chapter 11
protection in the Eastern District of Virginia. According to court
filings, the Debtor reports between $100,001 and $1,000,000 in debt
owed to 1–49 creditors.
About 345 Properties LLC
345 Properties LLC is a single asset real estate company.
345 Properties LLC filed for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Va. Case No. 25-34812) on December 3,
2025. In its petition, the Debtor reports estimated assets of
$100,001–$1,000,000 and estimated liabilities in the same range.
Honorable Bankruptcy Judge Frank James Santoro handles the case.
The Debtor is represented by Kimberly Ann Kalisz, Esq. of Conway
Law Group, PC.
351 NORTH: Seeks Chapter 11 Bankruptcy in California
----------------------------------------------------
On December 4, 2025, 351 North Highland Avenue LLC filed for
Chapter 11 protection in the Central District of California.
According to court filings, the Debtor reports between $1 million
and $10 million in debt owed to approximately 1–49 creditors.
About 351 North Highland Avenue LLC
351 North Highland Avenue LLC is a real estate holding and
investment entity focused on property ownership and management
within the California market.
351 North Highland Avenue LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal., Case No. 25-20913) on
December 4, 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 Julia W. Brand handles the case.
The Debtor is represented by Melvin Teitelbaum, I, Esq.
5 TUNN: Seeks Chapter 11 Bankruptcy in Massachusetts
----------------------------------------------------
On December 4, 2025, 5 Tunn Havre LLC filed for Chapter 11
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 5 Tunn Havre LLC
5 Tunn Havre LLC is a single asset real estate company.
5 Tunn Havre LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-12627) on December 4,
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 Christopher J. Panos handles the case.
The Debtor is represented by Andrew R. Burger, Esq. of the Law
Offices of Andrew R. Burger.
520 E: Seeks Chapter 11 Bankruptcy in New York
----------------------------------------------
On December 2, 2025, 520 E LLC filed for Chapter 11 protection in
the Southern District of New York. According to the court filing,
the Debtor reports between $100,001 and $1,000,000 in both debt and
assets, with an estimated 1–49 creditors.
About 520 E LLC
520 E LLC is a real estate holding and management company that
specializes in operating a designated property within its
portfolio.
520 E LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D.N.Y. Case No. 25-12693) on December 2, 2025. In
its petition, the Debtor reports estimated assets between $100,001
and $1,000,000 and estimated liabilities in the same range.
The case is assigned to Honorable Bankruptcy Judge Martin Glenn.
The Debtor is represented by Michael L. Previto, Esq.
700 TRUST: 11th Circuit Tosses Appeal over Case Transfer
--------------------------------------------------------
Judges Elizabeth L. Branch, Robert J. Luck and Nancy G. Abudu of
the United States Court of Appeals for the Eleventh Circuit
dismissed the appeal styled 700 TRUST, Plaintiff-Appellant, versus
NAPLES PROPERTY HOLDING COMPANY, LLC., NAPLES BEACH CLUB LAND TRUST
TRUSTEE, LLC., NAPLES BEACH CLUB PHASE II AND III LAND TRUST
TRUSTEE, LLC., NBC CLUB OWNER, LLC., TIDES NOTE ON NOTE LENDER I,
LLC., Interested Parties-Appellees, No. 25-12109 (11th Cir.) for
lack of jurisdiction.
Debtor 700 Trust appeals the order and judgment of the United
States District Court for the Northern District of Florida
dismissing four consolidated bankruptcy appeals.
After 700 Trust filed a Chapter 11 bankruptcy petition in the
Northern District of Florida, it filed four notices of appeal to
the district court. The notices challenged five rulings of the
bankruptcy court:
(1) an order to show cause as to why the case should not be
transferred or dismissed;
(2) an interim order granting relief from the automatic
bankruptcy stay;
(3) a final order granting stay relief;
(4) a memorandum opinion finding that the case should be
transferred to the Middle District of Florida; and
(5) an order transferring the case to the Middle District of
Florida.
The district court dismissed the appeals for want of prosecution
and failure to follow a court order. And after the bankruptcy case
was transferred to the Middle District, that bankruptcy court
dismissed the case.
Appellees, a group of interested parties who appeared in the
bankruptcy proceedings, respond that the show-cause order was not
an appealable order, nor were the memorandum opinion and order
transferring the case. As to the stay-relief orders, Appellees
argue that the appeals of those orders are now moot because the
Chapter 11 case was dismissed.
The Circuit Judges hold, "Here, we lack jurisdiction over each of
the appealed bankruptcy rulings. First, the show-cause order is not
appealable because that order did not aggrieve 700 Trust, as it
merely asked it to address why the bankruptcy case should not be
transferred or dismissed. Second, the memorandum opinion and order
transferring the case are not final or otherwise appealable
rulings. Finally, the appeals of the stay-relief orders are moot
because the bankruptcy case has been dismissed."
A copy of the Court's Opinion dated November 28, 2025, is available
at https://urlcurt.com/u?l=wBqj3L
About 700 Trust
700 Trust filed Chapter 11 petition (Bankr. N.D. Fla. Case No.
24-10230) on November 8, 2024, with $10 million to $50 million in
assets and $1 million to $10 million in liabilities. The case was
assigned to Judge Karen K. Specie. Michael Gort, Esq., at Gort Law,
P.A. served as the Debtor's bankruptcy counsel.
904 X 4 INC: Gets Interim OK to Use Cash Collateral Until Jan. 15
-----------------------------------------------------------------
904 X 4, Inc. got the green light from the U.S. Bankruptcy Court
for the Middle District of Florida, Jacksonville Division, to use
cash collateral.
At the December 4 hearing, the court authorized the Debtor's
interim use of cash collateral until the next hearing scheduled for
January 15, 2026.
The Debtor's cash collateral including post-petition accounts
receivable, chattel paper, contracts, documents, cash, and bank
account funds was pledged to the U.S. Small Business
Administration. Additional equipment financing exists through
Pawnee Leasing, which holds a lien on a Hunter alignment machine.
The SBA loan, first filed in 2020, is listed as three months
delinquent. These receivables constitute property of the bankruptcy
estate under section 541 and are valued at approximately $7,200,
though additional encumbered assets include inventory and
equipment.
To protect the secured creditor, the Debtor offers a post-petition
replacement lien on all future cash collateral. The Debtor provides
a projected operating budget showing anticipated revenues,
expenses, and planned payments, including a monthly $500 adequate
protection payment to the SBA.
About 904 X 4 Inc.
904 X 4 Inc. is a Florida-based company that offers specialized
products or services, likely focused on the automotive or retail
sector. The company caters to local and regional clients, providing
solutions designed to meet market demand with a focus on practical
utility and service quality.
904 X 4, Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Fla., Case No. 25-04400) on November 25, 2025. In
its petition, the Debtor reports estimated assets of
$100,001–$1,000,000 and estimated liabilities in the same
range.
Honorable Bankruptcy Judge Jason A. Burgess handles the case.
The Debtor is represented by Bryan K. Mickle, Esq. of Mickler &
Mickler.
A-AP BUYER: Moody's Affirms 'B1' CFR & Alters Outlook to Negative
-----------------------------------------------------------------
Moody's Ratings has changed A-AP Buyer, Inc.'s (dba Austin Powder)
outlook to negative from stable. At the same time, Moody's have
affirmed Austin Powder's B1 Corporate Family Rating, B1-PD
Probability of Default Rating, and B1 ratings on the company's
senior secured first lien term loan B, which includes the proposed
$125 million incremental issuance, and senior secured first lien
revolving credit facility.
Proceeds from the incremental term loan issuance will be used to
fund $100 million dividend to shareholders and pay off $20 million
outstanding revolving credit facility.
RATINGS RATIONALE
The negative outlook reflects Moody's expectations of Austin
Powder's increased debt leverage and reduced financial flexibility
due to its debt-funded dividends and capital expenditure plan.
Moody's expects adjusted debt leverage will creep to high 4x from
low 4x, after the issuance of $125 million term loan for dividend
payment. In addition, free cash flow will be impacted as the
company invests in several growth projects, product innovation and
manufacturing optimization across all business units. Its business
expansions reflects growth opportunities, but could stress
financial reserves in the next one to two years and bring about
business execution risks as it competes with its larger and better
capitalized peers. Moody's expects the company to adjust capital
expenditures in the event of adverse market conditions.
Austin Powder's B1 CFR remains constrained by its business
concentration on explosives used in many cyclical sectors,
including construction, infrastructure, metals and mining. Business
cycles, weather events, labor relations and government regulations
are among the key factors driving capital spending in these
sectors, which in turn can affect demand on detonators, boosters
and explosives. Austin Powder's earnings will also be affected by
the cost and availability of ammonium nitrate, a key ingredient of
explosives. Plant outages, shipping constraints and geopolitical
events can affect the supply of ammonium nitrate, as the company
produces about a third of ammonium nitrate and sources the rest
externally. In addition, health and safety risks remain high given
the handling of explosives and the use of hazardous chemical
intermediates in the production process.
Austin Powder's rating benefits from its strong reputation in the
industry and long-term relations with customers, for which cost of
failure is high compared to the price they pay for explosives. The
company's business involves extensive testing, product
specifications and technical expertise and is required to meet
safety and environmental regulations, which present significant
barriers to entry. It also benefits from the integrated
manufacturing of detonators, boosters and explosives and its
diverse geographic footprints in the Americas, Europe, APAC and
Africa. In recent years, tight ammonium nitrate supply allowed the
company to pass on cost inflation to customers on a more timely
basis, despite the competitive nature of explosives business. Both
market share gains and price increases have boosted Austin Powder's
sales and earnings in recent years. Infrastructure investments,
vehicle electrification and the recent rise in gold prices continue
to support demand on aggregates and metals, thus the use of
explosives during their extraction processes.
Austin Powder's liquidity is good. Cash balance was $47 million as
of September 30, 2025. The company will have about $190 million
liquidity after incremental term loan issuance and the planned
repayment of $20 million revolver outstanding as of September 30,
2025. The $150 million revolver, which will be undrawn, has a
springing First Lien Leverage Ratio covenant of 5.25x. This will be
only tested if the company draws down more than 35% of the
revolver.
The B1 rating on the senior secured first-lien bank credit
facility, including $150 million revolver, $650 million term loan
and $125 million incremental term loan, is commensurate with the
company's corporate family rating since it accounts for the
majority of the debt in the company's capital structure.
Austin Powder's Credit Impact Score (CIS-4) indicates the rating is
lower than it would have been if ESG risk exposures did not exist.
Austin Powder's credit impact score reflects its exposure to
safety, health and environmental risks as well as governance risk.
There are stringent regulations around the production, storage,
transportation and application of explosives. Consequence is high
for mishandling of explosives that result in injuries or
casualties. The manufacturing of ammonium nitrate, an intermediate
for explosives, is exposed to plant outages caused by weather
events. Carbon transition risk is high due to a hard to abate
nature of ammonia production from natural gas. The company's
explosives sold to mining and quarrying operations also impact
natural resources. Governance risk reflects the company's elevated
debt leverage following the acquisition of 55% stake in Austin
Powder by American Industrial Partners in 2024.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Rating upgrade is unlikely given the negative outlook. Upgrade
would be considered, if the company increases its business scale
and diversity, improves its earnings resilience, reduces adjusted
debt leverage below 3.5x and generates positive free cash flow on a
sustained basis.
Rating downgrade could be triggered, if the role of the
long-standing family owner and senior executives diminishes and the
company's financial policy becomes more aggressive. A deterioration
in operating performance, debt financed acquisitions or shareholder
distributions that result in the leverage above 4.5x, a lack of
free cash flow generation or weakness in liquidity could result in
a downgrade.
Austin Powder is a leading producer of industrial explosives for
quarrying, surface mining, underground mining, oil and gas,
seismic, and construction markets. The company provides engineered
solutions to safely and efficiently breaking rocks. It has more
than 4,800 employees and operations in 27 countries around the
world. Sales amounted to about $1.1 billion in 2024. In 2024,
American Industrial Partners ("AIP") acquired a 55% stake in Austin
Powder, with the former owners and senior managers retaining the
remaining 45%.
The principal methodology used in these ratings was Chemicals
published in October 2023.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
AARTI WESTERN: Seeks Chapter 11 Bankruptcy in Texas
---------------------------------------------------
On December 2, 2025, AARTI Western sought Chapter 11 protection in
the Southern District of Texas Bankruptcy Court. According to court
filings, the Debtor reports between $1 million and $10 million in
debt owed to 1–49 creditors.
About AARTI Western
AARTI Western is a single asset real estate company.
AARTI Western sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. Case No. 25-37297) on December 2, 2025. In its
petition, the Debtor reports estimated assets between $10 million
and $50 million and estimated liabilities between $1 million and
$10 million.
The Honorable Bankruptcy Judge Eduardo V. Rodriguez handles the
case.
AB INTERNATIONAL: Has $1.5MM FY25 Income, Going Concern Doubt
-------------------------------------------------------------
AB International Group Corp. filed with the U.S. Securities and
Exchange Commission its Annual Report on Form 10-K reporting a net
income of $1.5 million for the fiscal year August 31, 2025,
compared to a net income of $542,331 for the year prior.
For the year ended August 31, 2025, the Company had $6.4 million in
total revenue, compared to $3.3 million for the year ended August
31, 2024.
Hackensack, New Jersey-based Prager Metis CPAs, LLC, the Company's
auditor since 2022, issued a "going concern" qualification in its
report dated December 1, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended August 31, 2025, citing that
as of August 31, 2025, the Company had limited cash, an accumulated
deficit of approximately $10.4 million and a working capital
deficit of approximately $3.3 million. For the year ended August
31, 2025, the Company had negative cash flow of approximately $2.3
million from its operations. The continuation of the Company as a
going concern is dependent upon the continued financial support
from its stockholders or external financing and achieving operating
profits. These factors, among others, raise substantial doubt about
the Company's ability to continue as a going concern.
The future operations of the Company depend on its ability to
realize forecasted revenues, achieve profitable operations, and
depend on whether or not the Company could obtain continued
financial support from its stockholders or external financing.
Management believes the existing stockholders will continue to
provide additional cash to meet the Company's obligations as they
become due.
The Company also intends to fund operations through cash flow
generated from the operations, including the expected copyrights
sales and other revenue streams, equity financing, debt borrowings,
and additional equity financing from outside investors, to ensure
sufficient working capital. However, no assurance can be given that
additional financing, if required, would be available on favorable
terms or at all.
If the Company is unable to secure additional funding, the
implementation of its business plan will be impaired.
Management believes that the actions presently being taken to
obtain additional funding and implement its strategic plan provides
the opportunity for the Company to continue as a going concern.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/neut6392
About AB International
Headquartered in Mt. Kisco, N.Y., AB International Group Corp. is
an intellectual property (IP) and movie investment and licensing
firm, focused on the acquisition and development of various
intellectual property, including the acquisition and distribution
of movies.
As of August 31, 2025, the Company had $6.7 million in total
assets, $3.6 million in total liabilities, and $3.1 million in
total stockholders' equity.
ABUELO'S INT'L: Seeks to Extend Plan Exclusivity to March 1, 2026
-----------------------------------------------------------------
Abuelo's International LP and its affiliates asked the U.S.
Bankruptcy Court for the Northern District of Texas to extend their
exclusivity periods to file a plan of reorganization and obtain
acceptance thereof to March 1, 2026 and April 30, 2026,
respectively.
The Debtors explain that cause exists to grant the relief requested
in this Motion. First, the issues incident to this chapter 11 case
are complex, involving a number of parties-in-interest, each with
different motivations. There are in excess of 500 unsecured
creditors without the benefit of committee representation, which
makes negotiations with the unsecured creditor constituency
difficult.
Additionally, the Debtors have been operating within the protection
of chapter 11 for slightly over three months and have generated
sufficient revenues to satisfy its post-petition obligations as
they come due. The Debtor has set up a process for negotiations
with landlords and the different creditor constituencies and, given
time, that process is anticipated to yield results beneficial to
the Debtors and creditors of the respective estates.
The Debtors assert that this Motion represents its first request
for an extension of the Plan Period and Solicitation Period and
this request will not unfairly prejudice or pressure the Debtors'
creditor constituencies or grant the Debtors any unfair bargaining
leverage. The Debtors believe that the requested extensions are
warranted and appropriate under the circumstances.
Counsel to the Debtors:
ROCHELLE MCCULLOUGH, LLP
Joseph F. Postnikoff, Esq.
300 Throckmorton, Suite 520
Fort Worth, TX 76102
Telephone: 817.347.5261
Facsimile: 817.347.5269
Email: jpostnkoff@romclaw.com
And
Curt Hochbein, Esq.
211 North Pennsylvania Street, Suite 1330
Indianapolis, IN 46204
Telephone: 317.608.1137
Facsimile: 888.467.5979
Email: chochbein@romclaw.com
And
J. Mark Chevallier, Esq.
Michael Pipkin, Esq.
901 Main Street, Suite 3200
Dallas, TX 75202
Telephone: 214.953.0182
Facsimile: 888.467.5979
Email: mchevallier@romclaw.com
Email: mpipkin@romclaw.com
About Abuelo's International L.P.
Abuelo's International, L.P., operates the Abuelo's Mexican
Restaurant locations, managing day-to-day restaurant operations,
customer service, and loyalty programs across the U.S. Food
Concepts International, L.P., headquartered in Lubbock, Texas, owns
and oversees the brand, providing management, strategic direction,
employee training, and menu development.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-43339) on September
2, 2025. In the petition signed by Robert L. Lin, President of ABI
GP, LLC, the general partner of Abuelo's International, L.P., and
as President of FC GPH, LLC LP, the general partner of Food
Concepts International, the Debtor disclosed up to $50 million in
assets and up to $10 million in liabilities.
Judge Edward L. Morris oversees the case.
Joseph F. Postnikoff, Esq., at Rochelle McCullough, LLP, is the
Debtor's legal counsel.
ACCURATE COMMUNICATION: Mary Sieling Named Subchapter V Trustee
---------------------------------------------------------------
The Acting U.S. Trustee for Region 12 appointed Mary Sieling as
Subchapter V trustee for Accurate Communication Solutions, Inc.
Ms. Sieling will be paid an hourly fee of $330 for her services as
Subchapter V trustee and an hourly fee of $200 for paralegal time.
In addition, the Subchapter V trustee will receive reimbursement
for work-related expenses incurred.
Ms. Sieling declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Mary F. Sieling
150 South Fifth Street, Suite 3125
Minneapolis, MN 55402
Email: mary@mantylaw.com
About Accurate Communication Solutions Inc.
Accurate Communication Solutions, Inc. sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Minn. Case No.
25-33836) on November 26, 2025, listing between $100,001 and
$500,000 in assets and between $500,001 and $1 million in
liabilities.
Judge Mychal A. Bruggeman presides over the case.
John D. Lamey, III, Esq., at Lamey Law Firm, P.A. represents the
Debtor as bankruptcy counsel.
ADVANTIS INVESTMENT: Final Cash Collateral Hearing Set for Dec. 15
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Texas is set
to hold a hearing on December 15 to consider final approval of
Advantis Investment Group, LLC's bid to use cash collateral.
The Debtor was previously granted a 90-day extension to use cash
collateral pending the final hearing pursuant to the court's
November 13 interim order.
The interim order granted secured creditor, American Savings Life
Insurance Co., replacement liens on all accounts and general
intangibles generated from the Debtor's operations, maintaining the
same priority as its pre-bankruptcy lien.
About Advantis Investment Group LLC
Advantis Investment Group, LLC owns an office building at 800 Tully
Road in Houston, Texas, valued at about $1.6 million, and is
classified as a single-asset real estate under U.S. Bankruptcy Code
section 101(51B).
Advantis Investment Group sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. S.D. Texas Case No. 25-35096) on August 29,
2025, with $1,600,000 in total assets and $1,192,500 in total
debts.
Judge Eduardo V. Rodriguez oversees the case.
Samuel L. Milledge, Esq., at The Milledge Law Group, P.C. serves as
the Debtor's bankruptcy counsel.
AGREETA SOLUTIONS: Seeks to Extend Exclusivity to April 22, 2026
----------------------------------------------------------------
Agreeta Solutions USA, LLC asked the U.S. Bankruptcy Court for the
U.S. Bankruptcy Court for the Northern District of Georgia to
extend its exclusivity periods to file a plan of reorganization and
obtain acceptance thereof to April 22, 2026 and June 22, 2026,
respectively.
The Debtor explains that it is presently working to negotiate a
plan of reorganization with its creditors, but the Debtor requires
additional time to allow it to finalize a settlement with SLRF and
propose a viable, feasible plan of reorganization.
The Debtor claims that it seeks an extension to the Exclusivity
Periods to preclude the costly disruption and instability that
would occur if competing plans were proposed.
The Debtor notes that the request for an extension will not
unfairly prejudice or pressure its creditor constituencies or grant
the Debtor any unfair bargaining leverage. The Debtor needs
creditor support to confirm any plan, so the Debtor is in no
position to impose or pressure its creditors to accept unwelcome
plan terms. The Debtor seeks an extension of the Exclusivity
Periods to advance the case and continue good faith negotiations
with its stakeholders.
The Debtor asserts that premature termination of the Exclusivity
Periods may engender duplicative expense and litigation associated
with multiple competing plans. Any litigation with respect to
competing plans and resulting administrative expenses will only
decrease recoveries to the Debtor's creditors and significantly
delay, if not undermine entirely, the possibility of prompt
confirmation of a plan of reorganization.
The Debtor further asserts that given the consequences for its
estate if the relief requested herein is not granted and the
progress made to date, the requested extension of the Exclusivity
Periods will not prejudice the legitimate interests of any party in
interest in this case. Rather, the extension will further the
Debtor's efforts to preserve value and avoid unnecessary and
wasteful litigation.
About Agreeta Solutions USA LLC
Agreeta Solutions USA, LLC develops digital solutions for the
agriculture technology sector, offering platforms that integrate
smart farming, traceability, and agri-commerce tools. It operates
in Peachtree Corners, Georgia, and focuses on improving farm
productivity, supply chain transparency, and market connectivity.
Its services include precision agriculture analytics, end-to-end
food product traceability, and support for farmer networks.
Agreeta Solutions USA sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-59677) on August 25,
2025. In its petition, the Debtor reported between $10 million and
$50 million in assets and liabilities.
The Debtor is represented by:
Theodore N. Stapleton, Esq.
Theodore N. Stapleton, P.C.
Tel: 770-436-3334
Email: tstaple@tstaple.com
ALBAUGH LLC: S&P Affirms 'BB-' Issuer Credit Rating, Outlook Neg.
-----------------------------------------------------------------
S&P Global Ratings affirmed all its ratings on Albaugh LLC,
including the 'BB-' issuer credit rating and its 'BB' issue-level
rating on its senior secured debt.
The negative outlook reflects the company's minimal cushion at the
rating for a setback in the company's earnings relative to S&P's
expectations of continued improvement over the next 12 months.
Albaugh has increased its volumes while sustaining the expansion in
its margin, which enabled it to improve its credit metrics in 2025.
While S&P expects metrics to improve further in 2026, we believe
there is limited room for an underperformance amid the uncertain
operating environment.
S&P said, "Albaugh earnings growth is on a positive trajectory but
at a slower pace than our prior expectations, leaving little room
for further setbacks at the current rating. Albaugh improved its
operating performance on volume growth across most of its markets
while navigating headwinds from low crop prices and tariff policy
uncertainty. In addition to cyclical challenges in the
crop-protection industry, the company's Argentine operations
continued to be pressured by elevated competition due to lower
import duty protections and the effects of an operational
disruption that extended until late 2024. Albaugh's lower raw
material costs more than offset the negative impact of its reduced
overall pricing, which supported the expansion in its EBITDA
margin. We expect the company will further improve its margin as
the conditions in its markets gradually normalize and it realizes
further benefits from its cost-saving initiatives, such as its
footprint rationalization.
"We anticipate Albaugh's EBITDA will be modestly lower than we
previously forecasted for 2025 and 2026 due to its continued
challenges, though we still expect its EBITDA will well exceed the
2024 level. We also expect the company's S&P Global
Ratings-adjusted debt to EBITDA will be between 3x and 4x on a
weighted-average basis, which also reflects future metrics. In
2025, we anticipate Albaugh's leverage will be in the weaker end of
this range before improving in 2026. However, we note that
lingering farmer pricing pressures and trade tensions could further
slow the pace of the company's earnings growth in the coming
quarters, which could erode its already limited cushion. If this
occurs, we may lower our ratings on Albaugh.
"We expect Albaugh will maintain adequate liquidity. Due to its
improved working capital management and lower capital expenditure
(capex), we expect the company will still generate moderately
positive free operating cash flow (FOCF) in 2025 and future years
(albeit lower than we previously expected). During 2025, the
company rationalized its earlier inventory build, which contributed
to a significant improvement in its cash conversion, though we
forecast it will increase its working capital in 2026 as it expands
its revenue. Albaugh maintains a solid cash position and adequate
liquidity, including availability under committed credit
facilities, which we believe will be sufficient to meet its
seasonal working capital, cash interest, and other operational
needs. The company's earliest material debt maturity is its U.S.
revolving credit facility, which matures in April 2027. The
facility was undrawn as of Sept. 30, 2025, and we expect the
company will address this maturity before it comes current.
"We view the company's financial policy as supportive of its credit
quality. We believe management's decisions around discretionary
shareholder distributions, which it paused in recent years (due to
its weakening operating performance) before resuming in 2025, are a
key determinant in our view of its credit profile. We expect
Albaugh's S&P Global Ratings-adjusted debt levels will typically be
somewhat higher in its second and third quarters when its seasonal
working capital requirements reach their peak before falling by the
end of the year.
"There is still some regulatory risk for glyphosate-based products.
The company derives a meaningful portion of its revenue from
glyphosate-based products. Glyphosate has been heavily scrutinized
by regulators and consumer advisory bodies, and the
relatively-greater attention to this product creates the potential
for regulatory or other actions. However, we note glyphosate-based
products now represent a smaller portion of Albaugh's overall
revenues than in the past due to growth in other product streams.
"The negative outlook reflects the minimal cushion in Albaugh's
credit metrics at the current rating, although we expect it will
improve its metrics over the next 12 months. We believe the company
has a limited room for an earnings setbacks amid the current
operating environment. Despite unfavorable conditions, we believe
the company has improved its earnings and cash flows. We expect
Albaugh will maintain sufficient liquidity, supported by its
positive FOCF, to pursue its growth strategy over coming years. We
also anticipate the company's S&P Global Ratings-adjusted debt to
EBITDA will be in the 3x-4x range on a weighted-average basis,
albeit at the weaker end of this range in 2025.
"Generally, we expect the company's debt to EBITDA will fluctuate
along with industry volatility. At the current rating, amid a
cyclical downturn, we expect the ratio to remain below 4x, while in
an upswing with very favorable market conditions it may remain
below 3x, as it did in 2021 and 2022. Our base-case forecast
assumes management will not pursue large debt-funded acquisitions
and will continue to adhere to financial policies that are
consistent with its historical operations. Our forecast also
assumes modest discretionary dividends in 2025 and thereafter,
which--in our opinion--are manageable.
"We could downgrade Albaugh in the next few quarters if its
earnings improvement trajectory reverses course and its metrics
remain stretched for the current rating. This could occur if the
company's profitability unexpectedly weakens due to pricing
pressures, weak farmer profitability that negatively affects the
overall demand for agricultural chemicals, operational disruptions
due to unfavorable weather patterns or plant outages, or increased
environmental scrutiny on its products including glyphosate and
dicamba. In such a scenario, we anticipate Albaugh's debt to EBITDA
could increase above 4x on a sustained basis with no prospects for
recovery. We could also lower our rating if, against our
expectations, the company demonstrates more-aggressive financial
policies by undertaking large debt-funded acquisitions or
distributions to its owners. Lastly, we could consider lowering our
rating if the company's revolver becomes current and it has no
imminent plans to extend the facility's maturity.
"We could consider taking a positive rating action on Albaugh,
including revising our outlook to stable, over the next few
quarters if we believe its debt to EBITDA will remain well below 4x
on a sustained basis. This could occur if the company improves its
earnings and cash flow much faster than we currently expect due to
an abatement of challenging industry conditions,
higher-than-anticipated gains from its cost-savings initiatives, or
an increase in its market share due to the further penetration of
its generics in the crop protection industry. Before taking a
positive rating action, we would need to gain more clarity
regarding the company's future financial policies and growth
initiatives."
ALGORHYTHM HOLDINGS: Fails to Meet Nasdaq Equity Requirement
------------------------------------------------------------
Algorhythm Holdings, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that on November 28,
2025, the Company received a letter from the Staff of the Nasdaq
Stock Market, LLC indicating that the Company's stockholders'
equity as reported in its Quarterly Report on Form 10-Q for the
quarterly period ended September 30, 2025, did not satisfy the
continued listing requirement under Nasdaq Listing Rule 5550(b)(1),
which requires listed companies to maintain a minimum stockholders'
equity of $2,500,000.
As reported in its Form 10-Q, the Company's stockholders' equity as
of September 30, 2025, was $100,000. The Staff's notice has no
immediate impact on the listing of the Company's common stock on
Nasdaq.
In accordance with the Nasdaq Listing Rules, the Company has 45
calendar days, or until January 12, 2026, to submit a plan to
regain compliance with the Stockholders' Equity Requirement, which
the Company plans to timely submit for the Staff's consideration.
If the plan is accepted, the Staff may grant the Company an
extension period of up to 180 calendar days from the date of the
deficiency notice to regain compliance.
There can be no assurance that the Staff will accept the Company's
plan to regain compliance with the Stockholders' Equity
Requirement, or, if accepted, that the Company will evidence
compliance with the Stockholders' Equity Requirement during any
extension period that the Staff may grant.
If the Staff does not accept the Company's plan, the Company will
have an opportunity to appeal the decision to a hearings panel. The
request for a hearing would stay any delisting action by the
Staff.
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.
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.
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.
ALLSTATE SALES: Bank Hapoalim Wants Thomas Buck as Receiver
-----------------------------------------------------------
Bank Hapoalim B.M., an Israeli banking corporation, asks the U.S.
District Court for the District of New Jersey to appoint Thomas
Buck of Province Fiduciary Services, LLC, as receiver over certain
real and personal property assets of Allstate Sales Group Inc.
(ASG), Ocean Properties LLC, Ocean Investment Holdings LLC, Ocean
Property Management LLC, Ocean Property Management II LLC, Home
Services USA LLC, and Aegis Service Group LLC.
BHI seeks the appointment of a receiver over BHI's secured
collateral held by the Defendants during the pendency of this case
to protect its interests in the Collateral and to maximize the
possibility of recovering the sums owed to it by the Defendants.
The Defendants provided telecommunications infrastructure services
throughout the country. On September 4, 2025, the Defendants
abruptly ceased operations and terminated their employees.
According to Bank Hapoalim, the Defendants are incurring rapidly
escalating losses of equipment, liabilities arising from unpaid
vendor contracts, and aging accounts receivable. BHI's Collateral
includes, among other things, machinery, equipment,
telecommunication installation projects in process, real estate,
and accounts receivable owed to Defendants by Defendants'
customers. The Collateral is at immediate risk, Bank Hapoalim says,
because of the sudden interruption in operations, which has and
will give rise to litigation or set-off claims by ASG's customers
and prevent the collection of receivables, all to the detriment of
BHI and all other constituents. In addition, BHI's Collateral must
be secured to prevent further loss, theft, or damage.
Bank Hapoalim says its request is consented to by all Defendants.
BHI is a senior secured, asset-based creditor of the Defendants and
holds a perfected first-priority security interest in and lien on
substantially all of the Defendants' assets.
Defendants are in default under their loan agreements with
Plaintiff with a combined current outstanding principal balance of
approximately $21.4 million.
BHI requests that upon the appointment of the Receiver, he and his
employees, agents, and independent contractors be authorized, but
not directed to take the following specific actions:
1. Physical Asset Inspection and Validation
2. Review of Asset Security Measures
3. Patrol and Guard Services Assessment
4. Ascertain Real Estate and/or Personal Collateral and
Develop Strategy
5. Financial Data Review -- Accounts Receivable
BHI also requests that the Receiver be authorized, pursuant to such
procedures as may be required by this Court, to locate, list for
sale, engage a broker or auctioneer for sale, cause the sale, and
take all necessary and reasonable actions to cause the sale of
property in the Receivership Estate, either at public or private
sale, on terms and in the manner the Receiver deems most beneficial
to the Receivership Estate, and with due regard to the realization
of the true and proper value of such property.
About Allstate Sales Group Inc.
Allstate Sales Group Inc. is a responsible provider of turnkey
solutions. It sets the standard for excellence in quality
infrastructure and support for customers, our clients, and our
communities. ASG's comprehensive end-to-end solution includes
planning, designing, building, and servicing all projects in-house.
About Ocean Properties LLC
Ocean Properties LLC was founded in 2001. The company's line of
business includes operating nonresidential buildings.
About Ocean Investment Holdings LLC
Ocean Investment Holdings LLC is an early-stage technology
investment company with a focus on sectors like security, health,
and education. It's a family-owned company led by Atanas Simeonov.
About Ocean Property Management LLC
Ocean Property Management LLC provides accounting, administration
and advisory services for condominium associations and homeowners
associations.
About Ocean Property Management II LLC
Ocean Property Management II LLC, a company that lists rental
properties on Facebook, often with detailed descriptions of houses
and apartments.
About Home Services USA LLC
Home Services USA LLC is a British multinational home emergency
repairs and improvements business based in Walsall, England.
About Aegis Service Group LLC
Aegis Service Group LLC, founded in 1975, it is a mutual insurance
company for the energy and utility industries that provides
underwriting, claims, and loss control services.
The Companies are facing a receivership case captioned as, Bank
Hapoalim B.M., v. Allstate Sales Group Inc., Ocean Properties LLC,
Ocean Investment Holdings LLC, Ocean Property Management LLC, Ocean
Property Management II LLC, Home Services USA LLC, and Aegis
Service Group LLC, Case No. 3:25-cv-18047 (NJ D.C.), before the
Hon. Georgette Castner. The case was filed on Dec. 1, 2025.
Attorneys for Plaintiff Bank Hapoalim B.M.:
John Bougiamas, Esq.
Daniel Fiorillo, Esq.
Pauline McTernan, Esq.
Matthew Breen, Esq.
OTTERBOURG P.C.
230 Park Avenue
New York, NY 10169
Tel: (212) 661-9100
Fax: (212) 682-6104
E-mail: jbougiamas@otterbourg.com
dfiorillo@otterbourg.com
pmcternan@otterbourg.com
mbreen@otterbourg.com
ALLURE IMAGE: Case Summary & Seven Unsecured Creditors
------------------------------------------------------
Debtor: Allure Image Enhancement, A Medical Corporation
188 N. Euclid Avenue, Suite 100
Upland, CA 91786
Business Description: Allure Image Enhancement operates as a
medical spa in Upland, California, offering
services in body sculpting, health and
wellness, injectables, intimate procedures,
laser treatments, regenerative medicine,
skin resurfacing, skin tightening, and spa
treatments. The Company provides aesthetic
and therapeutic treatments at its facility
on 188 N. Euclid Avenue, Suite 100, serving
clients seeking cosmetic and wellness
services in the region.
Chapter 11 Petition Date: December 1, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-18667
Judge: Hon. Scott H Yun
Debtor's Counsel: Matthew D. Resnik, Esq.
RHM LAW LLP
17609 Ventura Blvd.
Ste 314
Encino, CA 91316
Tel: (818) 285-0100
Fax: (818) 855-7013
Email: matt@rhmfirm.com
Total Assets: $621,870
Total Liabilities: $1,930,887
The petition was signed by Mina Joy Grasso as chief executive
officer.
A full-text copy of the petition, which includes a list of the
Debtor's seven unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/JPKF66I/Allure_Image_Enhancement_A_Medical__cacbke-25-18667__0001.0.pdf?mcid=tGE4TAMA
ALTICE USA: Executives Split $2MM Special Bonuses
-------------------------------------------------
Irene Garcia Perez of Bloomberg Law reports that Optimum
Communications Inc., formerly Altice USA, has approved nearly $2
million in special cash bonuses for three senior executives in
recognition of their roles in the company's recent capital-raising
efforts. The awards were disclosed just days after the company
filed suit against its largest creditors, accusing them of
obstructing access to the credit markets.
According to the filing, Chairman and CEO Dennis Mathew will
receive $750,000, while CFO Marc Sirota and General Counsel and
Chief Corporate Responsibility Officer Michael Olsen will each
receive $600,000. Optimum said the payments reflect the executives'
"extraordinary contributions" to the company's financing
initiatives.
About Altice USA Inc.
Altice USA, Inc. is an American cable television provider.
Effective November 7, 2025, the Company will change its corporate
name to Optimum Communications, Inc., pursuant to a Certificate of
Amendment to the Company's Fourth Amended and Restated Certificate
of Incorporation filed with the Delaware Secretary of State on
November 5, 2025.
As of September 30, 2025, the Company had $30.7 billion in total
assets, $33 billion in total liabilities, and $2.2 billion in total
stockholders' deficiency.
* * *
As reported by the TCR on May 17, 2024, S&P Global Ratings lowered
all its ratings on Altice USA Inc. one notch, including the Company
credit rating to 'CCC+', and removed them from Credit Watch, where
it placed them with negative implications on May 2, 2024. The
negative outlook reflects that S&P could lower its ratings if the
company opts to pursue a debt restructuring over the next year.
S&P said, "We believe Altice USA's capital structure is
unsustainable. We believe the company is vulnerable to nonpayment
long term and depends on favorable business, financial, and
economic conditions to meet its financial obligations as they come
due in 2027 and beyond. We believe it is more likely than not that
Altice USA will enter into a distressed debt restructuring that we
consider tantamount to default, or it could face bankruptcy long
term."
AMERICAN SIGNATURE: Gets Interim OK for DIP Financing From SACP
---------------------------------------------------------------
American Signature, Inc. and its affiliates received interim
approval from the U.S. Bankruptcy Court for the District of
Delaware to obtain debtor-in-possession financing to get through
bankruptcy.
The financing is a $50 million superpriority, senior-secured
asset-based DIP facility from Second Avenue Capital Partners, LLC,
as administrative agent and collateral agent, and the DIP lenders.
The DIP financing is structured around a "creeping roll-up" of the
Debtors' pre-petition asset-based lending (ABL) facility: upon
entry of the interim order, cash collateral is automatically
applied to pay down the pre-petition ABL obligations, generating
equivalent DIP availability; and upon entry of the final order, all
remaining ABL loans, accrued interest, fees, and expenses become
DIP obligations.
The DIP obligations would receive superpriority administrative
expense status and be secured by automatically perfected liens on
all DIP collateral, subject only to a negotiated carveout and the
lien priorities.
The DIP facility is due and payable on the earliest of:
(a) 180 days after the closing date;
(b) 14 days after an order confirming a plan of reorganization
is entered by the bankruptcy court;
(c) The closing of a sale of all or substantially all of the
assets of the Debtors pursuant to 11 U.S.C. Section 363; and
(d) The date that Second Avenue Capital Partners provides
written notice to American Signature of its election to accelerate
all obligations following the occurrence and during the continuance
of an event of default.
Use of Cash Collateral
The interim order also authorized the Debtors to use the cash
collateral of pre-bankruptcy secured creditors in accordance with
an approved budget while granting them adequate protection from any
diminution in the value of their collateral.
These pre-bankruptcy secured creditors include lenders under a (i)
pre-bankruptcy asset-based lending (ABL) facility, with Second
Avenue Capital Partners acting as administrative agent; and (ii)
lenders under a pre-bankruptcy term loan, with PNC Bank, National
Association, as administrative agent.
As of the petition date, there were approximately $39.2 million in
outstanding
committed revolving loans and other outstanding obligations under
the pre-bankruptcy ABL facility.
Meanwhile, the Debtors were obligated under the pre-bankruptcy term
loan in the aggregate outstanding principal amount of not less than
approximately $54.07 million as of the petition date.
The interim order is available at https://is.gd/m8mYUY from
PacerMonitor.com.
The final hearing is set for January 5, 2026. The deadline for
filing objections is on December 29.
American Signature, the parent of a major furniture retail
operation with more than 120 stores across 17 states and
approximately 3,000 employees, filed for Chapter 11 on November 22,
and continues to operate as a debtor-in-possession.
Due to mounting liquidity pressure, the Debtors were unable to
sustain operations, pay employees, vendors, or accruing
administrative costs without immediate financing. The Debtors'
investment banker, SSG Advisors, contacted 12 potential DIP
financing sources, but all parties either declined or could not
offer competitive terms. The Debtors, assisted by an independent
committee, therefore engaged in extensive, good-faith negotiations
with the DIP lenders and pre-bankruptcy ABL lenders, ultimately
reaching an agreement that provides critical funding and consensual
access to cash collateral.
The Debtors assert that the DIP facility and cash collateral usage
are indispensable to maintaining operations, stabilizing the
business, preserving estate value, and ensuring sufficient
liquidity to run a robust sale process.
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). It 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) on November 22, 2025. In their petitions, 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 while Berkeley Research Group, LLC and SSG Capital
Advisors, LLC serves as restructuring advisor and investment
banker, respectively. Kurtzman Carson Consultants, LLC, doing
business as Verbita Global, is the claims and noticing agent.
PNC Bank, N.A., as administrative agent for pre-petition term loan
lenders, is represented by the law firms of Blank Rome LLP and
Goldberg Kohn, Ltd. The law firms may be reached through:
Regina Stango Kelbon, Esq.
Stanley B. Tarr, Esq.
Lawrence R. Thomas III, Esq.
Blank Rome LLP
1201 N. Market Street, Suite 800
Wilmington, DE 19801
Telephone: (302) 425-6400
Facsimile: (302) 425-6464
regina.kelbon@blankrome.com
stanley.tarr@blankrome.com
lorenzo.thomas@blankrome.com
-and-
Randall Klein, Esq.
Zachary J. Garrett, Esq.
Eva D. Gadzheva, Esq.
Goldberg Kohn Ltd.
55 E Monroe St, Suite 3300
Chicago, IL 60603
Telephone: (312) 201-4000
randall.klein@goldbergkohn.com
zachary.garrett@goldbergkohn.com
eva.gadzheva@goldbergkohn.com
Second Avenue Capital Partners, LLC, as DIP agent, is represented
by:
Daniel J. DeFranceschi, Esq.
John H. Knight, Esq.
Richards, Layton & Finger, P.A.
One Rodney Square
920 North King Street
Wilmington, DE 19801
Telephone: 302-651-7700
Facsimile: 302-651-7701
defranceschi@rlf.com
knight@rlf.com
-and-
John F. Ventola, Esq.
Jonathan D. Marshall, Esq.
Lucas B. Barrett, Esq.
Choate, Hall & Stewart, LLP
Two International Place
Boston, MA 02110
Telephone: (617) 248-5000
jventola@choate.com
jmarshall@choate.com
lbarrett@choate.com
AMERICAN WARRIOR: Amendment of Garden City Property Sale OK'd
-------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Kansas has permitted
American Warrior Construction Inc. in an amended order to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor's Property is approximately 4.57 acres of unimproved
real property located in Garden City, Finney County, Kansas.
The 4.57–acre Tract 1 is contiguous to an approximately
36.14–acre tract identified as Tract 3 in Debtor's Plan.
The Court has authorized the Debtor to sell the Property to The
City of Garden City, Kansas in an amended order.
The City is acquiring Tract 1 for the public purpose of improving
the City's electrical power infrastructure and constructing a new
and expanded electrical power substation in the City.
On May 19, 2025, Debtor filed its Combined Motion for Order
Authorizing Sale of Real Estate Free and Clear of Liens, which
provided parties in interest until June 12, 2025 to object or
respond. The only objection was filed by the United States Trustee
and was resolved by the terms of the Agreed Sale Order.
Following entry of the Agreed Sale Order, Debtor and the City
proceeded in good faith to close. To complete the sale, a lot split
was required to create a separate legal description for Tract 1
from contiguous Tract 3. Debtor and the City followed the lot split
procedure under the Garden City Code.
The Finney County Register of Deeds refused to record the Lot Split
unless all outstanding ad valorem taxes on both Tract 1 and Tract 3
were paid current, notwithstanding that Tract 3 is not being sold,
that Debtor’s Plan provides that the ad valorem taxes
attributable to Tract 3 will be paid upon its sale, and that Debtor
has listed Tract 3 for sale at a price of $850,000.
The refusal of the Finney County Register of Deeds to record the
Lot Split has prevented the closing of Sale #5.
At the closing of Sale #5, all outstanding ad valorem taxes
attributable to Tract 1—representing 11.23% of the total accrued
ad valorem taxes for Tracts 1 and 3—will be paid, and the
remaining ad valorem taxes will be fully paid upon the prospective
sale of Tract 3 pursuant to Debtor’s confirmed plan.
On October 30, 2025, Debtor and the City filed a Joint Motion to
Amend and Modify the Agreed Sale Order.
Copies of the Joint Motion and Amended Notice were properly served
on all creditors and parties in interest pursuant to the Federal
Rules of Bankruptcy Procedure and the Local Rules for the United
States Bankruptcy Court for the District of Kansas.
Nothing in this Order modifies or impairs Finney County's lien for
ad valorem taxes against Tract 3, which lien shall continue to
secure the unpaid ad valorem taxes attributable to Tract 3 and
shall be satisfied in accordance with Debtor’s Plan.
About American Warrior Construction Inc.
American Warrior Construction, Inc. is a construction company based
in 118 E Laurel Garden City, KS 67846.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 24-11168) on November 14,
2024. In the petition signed by by Amro M. Samy, president, the
Debtor disclosed estimated assets of up to $50,000 and estimated
liabilities of up to $10 million.
Judge Mitchell L. Herren presides over the case.
Nicholas R. Grillot, Esq., at Hinkle Law Firm LLC represents the
Debtor as legal counsel.
AMERIFIRST FINANCIAL: Gets Court OK for Chapter 11 Plan Disclosures
-------------------------------------------------------------------
Emily Lever of Law360 reports that a Delaware bankruptcy judge on
Thursday, December 4, 2025, granted conditional approval for
AmeriFirst's disclosure statement, which details the company's
Chapter 11 plan. The ruling allows the mortgage servicer to move
forward with distributing the statement to creditors while
reserving certain objections for later consideration.
The judge determined that the concerns raised by the U.S. Trustee's
Office regarding the plan are more appropriately addressed at the
confirmation hearing. The decision clears a procedural hurdle for
AmeriFirst as it continues its efforts to reorganize under Chapter
11, the report cites.
About AmeriFirst Financial
AmeriFirst Financial, Inc., is a mid-sized independent mortgage
company in Mesa, Ariz.
AmeriFirst and its affiliate Phoenix 1040, LLC, filed Chapter 11
petitions (Bankr. D. Del. Lead Case No. 23-11240) on Aug. 24, 2023.
In the petitions signed by T. Scott Avila, chief restructuring
officer, each Debtor disclosed between $50 million and $100 million
in both assets and liabilities.
Judge Thomas M. Horan oversees the cases.
The Debtors tapped Laura Davis Jones, Esq., at Pachulski Stang
Ziehl & Jones, LLP as bankruptcy counsel; and Paladin Management
Group, LLC as restructuring advisor. Omni Agent Solutions, Inc., is
the claims, noticing and administrative agent.
On Sept. 15, 2023, the Office of the United States Trustee
appointed an official committee of unsecured creditors. The
Committee tapped Morris, Nichols, Arsht & Tunnell LLP as its
counsel.
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.
The interim order penned by Judge Kimberly Bacher extended the
Debtor's authority to use cash collateral from December 1 to 31 and
authorized the Debtor to use up to $754,923.76 in cash collateral
to pay the expenses set forth in its budget.
During this interim period, Annalee Dolls, LLC may use cash
collateral in which Customers Bank and Burr Ridge Advisors, LLC
(the DIP Lender) hold first-priority security interests, subject to
the DIP Financing Approval Orders.
The court authorized certain specific expenditures, including a
$750 year-end bonus to identified non-insider employees and a
$16,875 DIP financing extension fee due to Burr Ridge Advisors.
The Debtor projects total operational expenses of $685,646.76 for
December and $767,012.22 for January 2026.
As protection for Customers Bank and other lienholders, the Debtor
was ordered to grant the lienholders replacement liens, with the
same priority, validity and enforceability as their pre-bankruptcy
liens; and to maintain insurance policies, naming the lienholders
as mortgagees or loss payees.
In addition, Customers Bank will receive a $32,442 adequate
protection payment for December.
The Debtor must file a further application for continued cash
collateral use by December 15, including an updated budget and
reconciliation of actual versus projected expenses.
The next hearing is scheduled for December 29. Objections are due
by December 26.
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.
ARCHDIOCESE OF NEW ORLEANS: Judge Takes Weekend to Review Plan
--------------------------------------------------------------
Rick Archer of Law360 reports that the Louisiana bankruptcy judge
presiding over the Roman Catholic Archdiocese of New Orleans'
Chapter 11 case said Thursday, December 4, 2025, that she will take
the weekend to review objections raised by the archdiocese's
insurers. The insurers have challenged key aspects of the proposed
reorganization plan, prompting the court to pause before issuing a
ruling.
The judge also noted that she will closely examine statements
submitted by survivors of sexual abuse, which are central to the
case. She said a decision will follow after she has fully
considered both the insurers' concerns and the claimants' accounts,
the report states.
About Roman Catholic Church of
The Archdiocese Of New Orleans
The Roman Catholic Church of the Archdiocese of New Orleans --
https://www.nolacatholic.org/ -- is a non-profit religious
corporation incorporated under the laws of the State of Louisiana.
Created as a diocese in 1793, and established as an archdiocese in
1850, the Archdiocese of New Orleans has educated hundreds of
thousands in its schools, provided religious services to its
churches and provided charitable assistance to individuals in need,
including those affected by hurricanes, floods, natural disasters,
war, civil unrest, plagues, epidemics, and illness. Currently, the
archdiocese's geographic footprint occupies over 4,200 square miles
in southeast Louisiana and includes eight civil parishes:
Jefferson, Orleans, Plaquemines, St. Bernard, St. Charles, St. John
the Baptist, St. Tammany, and Washington.
The Roman Catholic Church for the Archdiocese of New Orleans sought
Chapter 11 protection (Bankr. E.D. La. Case No. 20-10846) on May 1,
2020. The archdiocese was estimated to have $100 million to $500
million in assets and liabilities as of the bankruptcy filing.
Judge Meredith S. Grabill oversees the case.
Jones Walker, LLP and Blank Rome, LLP, serve as the archdiocese's
bankruptcy counsel and special counsel, respectively. Donlin,
Recano & Company, Inc., is the claims agent.
The U.S. Trustee for Region 5 appointed an official committee of
unsecured creditors on May 20, 2020. The committee is represented
by the law firms of Pachulski Stang Ziehl & Jones, LLP and Locke
Lord, LLP. Berkeley Research Group, LLC is the committee's
financial advisor.
ARISTOI CLASSICAL: S&P Rates 2025A/B and 2025B Revenue Bonds 'BB'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB' long-term rating to the
Clifton Higher Education Finance Corp., Texas' anticipated $41.4
million series 2025A and 2025B charter school revenue bonds issued
for Aristoi Classical Academy, Texas.
The outlook is stable.
S&P said, "We analyzed Aristoi's environmental, social, and
governance factors relative to its market position, financial
performance, reserves and liquidity, and debt burden. Based on data
from S&P Global Sustainable 1, physical risks in Texas are
typically elevated in service areas proximate to the coastline, a
region that has experienced increased incidents of extreme weather
such as hurricanes and flooding in recent years. Given Aristoi's
proximity to the coast with its location in Houston, we believe
acute events could affect enrollment should population displacement
occur or should chronic physical risk lead to lower growth. Both
could affect our view of the organization's market position over
time. However, the academy maintains an emergency operations plan
that addresses a variety of potential events, along with flood and
hurricane insurance, and its primary student base and the location
of facilities in more inland parts of the Houston area partially
mitigate these risks. We view Aristoi's social and governance
factors as neutral in our credit rating analysis.
"The stable outlook reflects our expectation that over the one-year
horizon enrollment will continue to increase, as projected, and
management will achieve a modest operating surplus while expanding
unrestricted liquidity. No additional debt is expected over the
near term although we understand the academy may sign an operating
lease consistent with its expansion plans.
"We could consider a negative rating action if the academy fails to
execute its relocation and expansion plans while maintaining
positive operating margins and healthy liquidity levels.
Furthermore, should the academy's debt burden become pressured with
additional leases or issuances, we could consider a negative rating
action.
"We could consider a positive rating action beyond the outlook
period if the academy successfully executes its relocation and
expansion plan such that enrollment growth continues supporting
demand and financial ratios."
ARK HOME 3: Seeks Chapter 11 Bankruptcy in Texas
------------------------------------------------
On December 2, 2025, Ark Home 3 LLC sought Chapter 11 protection in
the Western District of Texas Bankruptcy Court. According to court
filings, the Debtor reports between $1 million and $10 million in
debt owed to 1–49 creditors.
About Ark Home 3 LLC
Ark Home 3 LLC is a U.S.-based real estate company dedicated to
owning and managing residential properties. The firm invests in
single-family and multifamily housing, focusing on stable income
generation and preservation of property value.
Ark Home 3 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-11901) on December 2, 2025. In
its petition, the Debtor reports estimated assets of $1
million–$10 million and estimated liabilities in the same range.
The Honorable Bankruptcy Judge Eduardo V. Rodriguez handles the
case.
ARK HOME 7: Seeks Chapter 11 Bankruptcy in Texas
------------------------------------------------
On December 2, 2025, Ark Home 7 LLC sought Chapter 11 protection in
the Western District of Texas Bankruptcy Court. According to court
filings, the Debtor reports between $1 million and $10 million in
debt owed to 1–49 creditors.
About Ark Home 7 LLC
Ark Home 7 LLC is a privately held limited liability company
engaged in the ownership, management, and operation of residential
real estate assets. The company focuses on acquiring single-family
homes and related properties, with an emphasis on maintaining
stable, income-producing portfolios.
Ark Home 7 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-11905) on December 2, 2025. In
its petition, the Debtor reports estimated assets of $1
million–$10 million and estimated liabilities in the same range.
The Honorable Bankruptcy Judge Shad Robinson handles the case.
The Debtor is represented by Thanhan Nguyen, Esq. of Nguyen Law,
PLLC.
ASCEND PERFORMANCE: Seeks to Extend Exclusivity to March 17, 2026
-----------------------------------------------------------------
Ascend Performance Materials Holdings Inc. and affiliates asked the
U.S. Bankruptcy Court for the Southern District of Texas to extend
their exclusivity periods to file a plan of reorganization and
obtain acceptance thereof to March 17, 2026 and May 18, 2026,
respectively.
The Debtors explain that it is indisputable that their cases are
large and complex. These chapter 11 cases include eleven Debtor
entities with a vast network of operations, thousands of parties in
interest, and a complex corporate and capital structure that
includes over $1.8 billion (inclusive of interest) across multiple
funded debt instruments. The Debtors also have an array of active
constituents, including, among others, the Committee, the Debtors'
lenders, as well as each constituent's agents, trustees, and
advisors, and numerous employees and contract counterparties.
In addition, administering these chapter 11 cases requires
significant input from the Debtors' management team and advisors on
a wide range of matters necessary to bring structure and consensus
to a large and complex process. Unquestionably, the size and
complexity of these chapter 11 cases weigh in favor of further
extending the Exclusivity Periods.
The Debtors claim that additional work remains to ensure that the
Plan will be confirmed and that the Debtors will be able to emerge
from chapter 11 expeditiously, notwithstanding the significant
progress made to date. Extending the Exclusivity Periods will
provide the Debtors with the time and resources required to
finalize a confirmable chapter 11 plan that is in the best
interests of all stakeholders and will position the Debtors for
long-term success upon emergence.
The Debtors assert that since the Petition Date, the Debtors have
paid their undisputed postpetition debts in the ordinary course of
business as they come or as otherwise provided by orders of this
Court.
The Debtors further assert that an additional extension of the
Exclusivity Periods will permit them to maintain flexibility
without competing plans derailing their ongoing restructuring
process, which is swiftly approaching confirmation and emergence.
Multi-track negotiations across several plans would give rise to
uncertainty to the detriment of all stakeholders and would cause
substantial delay in returning value to the Debtors' creditors.
Moreover, extending the Exclusivity Periods will benefit the
Debtors' estates, their creditors, and all other key parties in
interest and will not prejudice the Debtors' creditors especially
when, as here, all creditor groups and their advisors have had, and
will continue to have, an opportunity to actively participate in
substantive discussions with the Debtors throughout these chapter
11 cases. All stakeholders benefit from the continued stability and
predictability that a centralized process provides, which can only
occur while the Debtors remain the sole potential plan proponents.
The Debtors note that they have already filed a Plan, including two
amended versions of the Plan thus far. The Debtors believe the Plan
to be viable and will continue to work with stakeholders on
finalizing its terms in the coming days and weeks. The Debtors are
working diligently with key stakeholders and parties in interest to
ensure the Plan can be confirmed on a fully consensual basis.
Co-Counsel to the Debtors:
Jason G. Cohen, Esq.
Jonathan L. Lozano, Esq.
BRACEWELL LLP
711 Louisiana Street, Suite 2300
Houston, Texas 77002
Tel: (713) 223-2300
Fax: (800) 404-3970
Email: jason.cohen@bracewell.com
jonathan.lozano@bracewell.com
Co-Counsel to the Debtors:
Christopher Marcus, P.C.
Derek I. Hunter, Esq.
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
601 Lexington Avenue
New York, New York 10022
Tel: (212) 446-4800
Fax: (212) 446-4900
Email: cmarcus@kirkland.com
derek.hunter@kirkland.com
About Ascend Performance Materials
Holdings
The Debtors, together with their non-Debtor affiliates, are one of
the largest, fully-integrated producers of nylon, a plastic that is
used in everyday essentials, like apparel, carpets, and tires, as
well as new technologies, like electric vehicles and solar energy
systems. Ascend's business primarily revolves around the production
and sale of nylon 6,6 (PA66), along with the chemical intermediates
and downstream products derived from it. Common applications of
PA66 include heating and cooling systems, air bags, batteries, and
athletic apparel. Headquartered in Houston, Texas, Ascend has a
global workforce of approximately 2,200 employees and operates
eleven manufacturing facilities that span the United States,
Mexico, Europe, and Asia.
Ascend Performance Materials Holdings Inc. and its affiliates filed
voluntary petitions for relief under Chapter 11 of the Bankruptcy
Code (Bankr. S.D. Tex. Lead Case No. 25-90127) on April 21, 2025.
In the petitions signed by Robert Del Genio, chief restructuring
officer, the Debtors disclosed $1 billion to $10 billion in both
estimated assets and liabilities.
Judge Christopher M. Lopez oversees the cases.
The Debtors tapped Bracewell LLP and Kirkland & Ellis LLP as
counsel; PJT Partners, Inc. as investment banker; FTI Consulting,
Inc. as restructuring advisor; and Deloitte LLP as tax advisor.
Epiq Corporate Restructuring LLC is the Debtors' claims, noticing,
and solicitation agent.
ASURION LLC: Moody's Affirms 'B1' CFR, Outlook Stable
-----------------------------------------------------
Moody's Ratings has affirmed the B1 corporate family rating and
B1-PD probability of default rating of Asurion, LLC (Asurion)
following the company's announcement that it plans to acquire
Domestic & General (D&G), one of the largest appliance care
providers across the UK and Europe. Moody's also affirmed the Ba3
ratings on Asurion's senior secured revolving credit facility and
senior secured first-lien term loans, as well as the B3 ratings on
its senior secured second-lien term loans. The rating outlook for
Asurion is stable.
Moody's expects Asurion to use a combination of debt financing,
maintain D&G's existing debt, pending regulatory approval, as well
as cash on hand to fund the purchase of D&G. D&G generated revenue
of $1.4 billion for the 12 months through September 2025. The
parties aim to complete the transaction in mid-2026, pending
regulatory approvals.
RATINGS RATIONALE
Asurion is a leading provider of mobile device services and to a
lesser extent extended warranty plans. The acquisition of D&G will
further diversify Asurion's presence in appliance care in the UK
with a growing position in Europe and the US. D&G offers services
that include expert repairs, high first-time fix rate, and a
replacement promise. D&G's business has good retention rates and
new business growth as well as stable EBITDA margins. Offsetting
these benefits are Asurion's planned increase in financial leverage
to fund the acquisition. Moody's expects D&G to retain a degree of
operational independence in the UK and Europe, although there
remains some integration risk in the US. The rating affirmation and
stable outlook reflect Moody's views that Asurion will continue its
profitable growth and will reduce its financial leverage within
12-18 months after completing the acquisition.
Asurion's ratings reflect the company's strong market presence in
mobile device services, including fulfillment, repair and
administration, distributed through wireless carriers in the US,
Japan and other selected international markets. Asurion also has a
smaller but growing presence in extended warranty, service and
replacement subscription plans for consumer electronics and
appliances offered through retailers, other partners and its own
distribution channels, such as its repair shop network and a remote
technician network. In both segments, a growing share of Asurion's
revenue comes from comprehensive technical support bundled with
other product offerings. Asurion has a record of efficient
operations and healthy profit margins.
A key credit challenge for Asurion is its business concentration
among leading wireless carriers, although Asurion regularly
negotiates multiyear contract extensions with the carriers. Another
challenge is foreign exchange risk associated with Asurion's large
Japanese business, which the company hedges through a range of
derivatives that help protect enterprise value but add volatility
to reported earnings. In the fourth quarter of 2024 and first
quarter of 2025, Asurion successfully extended contracts with some
of its largest wireless carrier partners, including two
longer-than-average extensions with US carriers.
Moody's estimates that the acquisition of D&G will increase
Asurion's pro forma debt-to-EBITDA ratio to around 6.5x (per
Moody's calculations, which incorporate adjustments for operating
leases, noncontrolling interest expense and foreign exchange
hedging). Asurion's (EBITDA – capex) interest coverage will
decline to below 2.0x, and its free-cash-flow-to-debt ratio will
also decline. Asurion's free cash flow has been lower than
historical levels; however, Moody's expects that the company will
return these metrics to historical levels through EBITDA growth,
along with debt reduction, within 12-18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade of Asurion's ratings include:
(i) debt-to-EBITDA ratio below 5x; (ii) (EBITDA - capex) coverage
of interest above 3.5x; and (iii) free-cash-flow-to-debt ratio
above 8%.
Factors that could lead to a downgrade of Asurion's ratings
include: (i) debt-to-EBITDA ratio above 6.5x; (ii) (EBITDA - capex)
coverage of interest below 2x; (iii) free-cash-flow-to-debt ratio
below 4%; or (iv) loss of a major carrier relationship.
The principal methodology used in these ratings was Insurance
Brokers and Service Companies published in February 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Based in Nashville, Tennessee, Asurion is a global provider of
insurance, repair, replacement, installation and technical support
for mobile devices and other consumer electronics and appliances.
Asurion generated revenue of $9.2 billion for the 12 months through
September 2025.
ATIF INC: Court Tosses Appeal in Fraudulent Transfer Case
---------------------------------------------------------
In the appeal styled DANIEL J. STERMER, Plaintiff-Appellant, versus
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, OLD REPUBLIC
NATIONAL TITLE HOLDING COMPANY, OLD REPUBLIC TITLE COMPANIES, INC.,
ATTORNEYS TITLE FUND SERVICES, LLC, Defendants-Appellees, No.
23-10850 (11th Cir.), Judges Nancy G. Abudu, Robin S. Rosenbaum and
Kevin C. Newsom of the United States Court of Appeals for the
Eleventh Circuit affirmed the order of the United States District
Court for the Middle District of Florida in favor of Defendants Old
Republic National Title Insurance Company ("OR Title"), Old
Republic National Title Holding Company ("OR Holding"), Old
Republic Title Companies, Inc., and Attorneys' Title Fund Services,
LLC ("ATFS") in a bankruptcy proceeding involving ATIF, Inc.
This appeal and the related proceedings concern the transfer of the
Debtor's assets within 15 months of filing for bankruptcy. The
Creditor Trustee, suing under 11 U.S.C. Sec. 548(a)(1) of the
Bankruptcy Code and Chapter 726 of the Florida Statutes, sought to
avoid the transfer of those assets. He further sought to have ATFS
declared as an alter ego for OR Holding and OR Companies and to
hold OR Holding and OR Companies liable as the Debtor's "successor
in interest."
The case primarily centers around the validity of a "Master
Agreement" between OR Title, the Debtor, and related parties with
respect to whether intangible assets were transferred at their
reasonable equivalent value. Following a bench trial, the
bankruptcy court held that the Debtor transferred those assets at
their reasonably equivalent value and, therefore, none of the
Debtor's creditors were harmed.
On appeal, the Creditor Trustee challenges the bankruptcy court's
exclusion of his expert's opinion which valued the transferred
assets at a much higher amount than the bankruptcy court
determined, and its rejection of the successor liability and alter
ego claims.
As to the successor liability and alter ego claims, the district
court adopted the bankruptcy court's findings of fact in concluding
that ATFS did not qualify as the Debtor's successor in interest. In
particular, it reasoned that the Trust's governance-only interest
in ATFS was insufficient to establish common ownership. Similarly,
the district court ruled ATFS did not qualify as any of OR
Defendants' alter ego because the mere fact that they shared a
joint bank account did not evince that ATFS was organized to
mislead the Debtor's creditors or to perpetuate fraud. Accordingly,
the court concluded that the bankruptcy court did not err in
finding that ATFS was not created or used for a fraudulent or
improper purpose.
The Creditor Trustee maintains that he established fraudulent
intent by showing, to the court's satisfaction, that:
(1) the Master Agreement transferred substantially all the
Debtor's assets;
(2) the Debtor had been sued or threatened with suit before the
Master Agreement transaction; and
(3) the Debtor was insolvent or became insolvent because of the
Master Agreement.
Those badges of fraud alone, he argues, were sufficient to conclude
the transfer
was unlawful.
The Creditor Trustee also argues that he showed concealment, that
OR Title was an insider, and that the Debtor did not receive
reasonably equivalent value for the transferred assets.
Successor Liability Claim
The Creditor Trustee argues that summary judgment on his successor
liability claim was inappropriate, whether analyzed as a de facto
merger or under a mere continuation theory. According to the
Circuit Judges, "Here, ATFS does not qualify as the Debtor's
successor in interest under the de facto merger or mere
continuation theories. Further, the Debtor and ATFS did not share
common ownership. Also, ATFS did not assume a sufficient portion of
the Debtor's liabilities to establish successor liability. Thus,
the Creditor Trustee failed to establish successor liability under
a de facto merger theory. Similarly, the Creditor Trustee failed to
establish successor liability under a mere continuation theory.
Although they operated similar businesses such as maintaining a
copy of the title plant, ATFS and the Debtor did not share common
ownership or the same assets, and ATFS did not assume a substantial
portion of the Debtor's liabilities. ATFS is, thus, not a 'mere
continuation' of the Debtor. Accordingly, the bankruptcy court did
not err in ruling that the Creditor Trustee failed to establish
successor liability."
Alter Ego Claim
The panel holds, "The Creditor Trustee failed to establish an alter
ego claim because he satisfied only one of the three elements
necessary to pierce the corporate veil. The bankruptcy court
properly found that a genuine issue of material fact existed as to
the first element -- whether OR Holding 'dominated and controlled;
ATFS. Because the board of governors controlled ATFS's business
operations, it is plausible that OR Holding controlled ATFS through
its voting majority on the board Nevertheless, the Creditor Trustee
failed to present evidence that would support a finding that the
Debtor and OR Holding formed or operated ATFS for an improper
purpose. The Debtor and OR Holding formed ATFS for the legitimate
purpose of providing ancillary support related to OR Title's
issuance and maintenance of new title policies. Although OR Holding
and ATFS shared a bank account and commingled funds in that
account, nothing in the record shows that they used the bank
account to divert funds from creditors or perpetrate a fraudulent
scheme. Furthermore, the Creditor Trustee failed to show that any
alleged improper use of ATFS's corporate form injured the Debtor's
creditors."
A copy of the Court's Opinion dated November 24, 2025, is available
at https://urlcurt.com/u?l=zJ889L
About ATIF Inc.
ATIF, Inc., sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. M.D. Fla. Case No. 17-01712) on March 2, 2017. In the
petition signed by Gerard A. McHale, its chief executive officer,
the Debtor listed up to $500,000 in assets and up to $50 million in
liabilities.
Michael C. Markham, Esq., at Johnson, Pope, Bokor, Ruppel & Burns,
LLP and Buell & Elligett, P.A. serve as the Debtor's bankruptcy
counsel and special counsel, respectively.
On April 13, 2017, the Office of the U.S. Trustee appointed an
official committee of unsecured creditors. The committee retained
Messana, P.A., as its bankruptcy counsel, and Becker & Poliakoff,
P.A., as its special counsel.
On July 5, 2018, the bankruptcy court entered an order confirming
the second amended Chapter 11 plan and explanatory disclosure
statement filed by the creditors' committee for ATIF, Inc. The plan
establishes the ATIF Inc. Creditor Trust and appointed Daniel
Stermer as the trustee. Stermer hired Messana, P.A. as bankruptcy
counsel and Buchanan Ingersoll & Rooney, PC, as special counsel.
BAFFINLAND IRON: Moody's Appends 'LD' Designation to 'Caa3-PD' PDR
------------------------------------------------------------------
Moody's Ratings says it has appended a limited default "/LD"
designation to Baffinland Iron Mines Corporation's (Baffinland)
probability of default rating of Caa3-PD, changing it to
Caa3-PD/LD. This action was taken following Baffinland's execution
of the sixth amendment to its credit agreement in November 2025.
Under this amendment, all revolving borrowings outstanding
immediately prior to effectiveness, totaling US$126.5 million, were
converted into term loans and the revolving commitments were
permanently terminated. Outstanding letters of credit with an
aggregate face amount of C$40.1 million have been extended to
October 21, 2026 and additional letters of credit with an aggregate
face amount of C$35.1 have been issued. The facility has a maturity
of May 31, 2027, subject to automatic acceleration to June 30, 2026
if any portion of the senior secured notes remains outstanding as
at March 31, 2026. The "/LD" designation reflects the extension of
the maturity of the revolving borrowings which Moody's considers a
distressed exchange and therefore a default under Moody's
definitions. The "/LD" designation appended to the PDR will be
removed in a few business days.
At the same time as the amendment to its credit agreement,
Baffinland also entered into a fourth amendment with Export
Development Canada to extend the maturity of the $75 million term
loan to the same maturity profile as the credit amendment.
Moody's sees the transaction outlined as positive for the company
because it allows Baffinland more time to determine its financing
plan for a possible rail expansion to Steensby Port. However, the
transaction is not transformational for the capital structure and
it does not address the very high leverage of the company.
Baffinland is a privately held company that owns the Mary River
iron ore mine at the northern end of Baffin Island in the Nunavut
Territory, Canada. All its common shares are all owned by Nunavut
Iron Ore, Inc. (NIO). NIO is owned by the Energy & Minerals Group
and ArcelorMittal Canada Inc.
BARMASTERS LLC: Section 341(a) Meeting of Creditors on January 12
-----------------------------------------------------------------
On November 26, 2025, Barmasters LLC filed for Chapter 11
protection in the Middle District of Florida. According to court
filing, the Debtor reports between $1 million and $10 million in
debt owed to 1 and 49 creditors.
A meeting of creditors under Section 341(a) to be held on January
12, 2026 at 11:00 AM. U.S. Trustee (Orl) will hold the meeting
telephonically. Call in Number: 888-330-1716. Passcode: 5814238#.
About Barmasters LLC
Barmasters LLC is limited liability company.
Barmasters LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-07727) on November
26, 2025. In its petition, the Debtor reports estimated assets
between $100,001 and $500,000 and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Daniel A. Velasquez, Esq. of LATHAM
LUNA EDEN & BEAUDINE LLP.
BEAUX EQUITIES: Powercap Lawsuit Goes to Trial
----------------------------------------------
Judge Jil Mazer-Marino of the United States Bankruptcy Court for
the Eastern District of New York denied the motions for summary
judgment filed by the parties in the adversary proceeding captioned
as POWERCAP PARTNERS LLC, Plaintiff, -against- BEAUX EQUITIES LLC,
YAAKOV POLLAK, MOSHE POLLAK, SHORIVGER TRUST, and RAPHAEL GROSSMAN
AS TRUSTEE OF THE SHORIVGER TRUST, Defendants, Adv. Proc. No.:
25-01037-jmm (Bankr. E.D.N.Y.).
On May 9, 2025, Shorivger Trust filed a motion to remand the
adversary proceeding. On June 18, 2025, the remand motion was
withdrawn by Shorivger without prejudice to renewal.
On July 16, 2025, the Debtor moved for summary judgment under Rule
56 of the Federal Rules of Civil Procedure, as incorporated into
these proceedings by Rule 7056 of the Federal Rules of Bankruptcy
Procedure. On the same day, Shorivger and Raphael Grossman as
Trustee of Shorivger Trust moved for summary judgment under Rule 56
of the Federal Rules of Civil Procedure, as incorporated into these
proceedings by Rule 7056 of the Federal Rules of Bankruptcy
Procedure.
A copy of the Court's Order dated November 25, 2025, is available
at https://urlcurt.com/u?l=MMNE0k from PacerMonitor.com.
About Beaux Equities LLC
Beaux Equities, LLC is a lessor of residential buildings and
dwellings.
Beaux Equities sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-40119) on January 9,
2025. In its petition, the Debtor reported estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Judge Jil Mazer-Marino handles the case.
Avrum J. Rosen, Esq., at the Law Offices of Avrum J. Rosen PLLC
represents the Debtor as counsel.
BEAUX EQUITIES: Shorivger Trust et al. Lose Bid to Dismiss Lawsuit
------------------------------------------------------------------
Judge Jil Mazer-Marino of the United States Bankruptcy Court for
the Eastern District of New York denied the request of Shorivger
Trust, Raphael Grossman as Trustee of the Shorivger Trust, and
Israel Grossman seeking to dismiss the adversary proceeding
captioned as BEAUX EQUITIES LLC, Plaintiff, -against- SHORIVGER
TRUST, RAPHAEL GROSSMAN AS TRUSTEE OF THE SHORIVGER TRUST, and
ISRAEL GROSSMAN, Defendants, Adv. Proc. No.: 25-01105-jmm (Bankr.
E.D.N.Y.).
A pre-trial status conference in the adversary proceeding will be
held on February 11, 2026.
A copy of the Court's Order dated November 25, 2025, is available
at https://urlcurt.com/u?l=tah4fM from PacerMonitor.com.
About Beaux Equities LLC
Beaux Equities, LLC is a lessor of residential buildings and
dwellings.
Beaux Equities sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-40119) on January 9,
2025. In its petition, the Debtor reported estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Judge Jil Mazer-Marino handles the case.
Avrum J. Rosen, Esq., at the Law Offices of Avrum J. Rosen PLLC
represents the Debtor as counsel.
BEYOND AIR: CFO Doug Larson Resigns for New Opportunity
-------------------------------------------------------
Beyond Air, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that on November 21, 2025, Doug
Larson notified the Company of his resignation as Chief Financial
Officer to pursue another opportunity.
Mr. Larson will continue to serve as CFO through December 5, 2025,
at which time the CFO responsibilities at the Company will be
assumed on an interim basis by Duke Drewell, the Company's
Controller. Beyond Air has launched a search for a permanent
successor. Mr. Larson will serve in an advisory role at the Company
through calendar year-end 2025 to support a smooth transition.
"Doug has been a valued member of our team over the past four
years. His leadership and financial discipline were instrumental in
our transition to a commercial business with the launch of the
LungFit PH, as well as the launch of our majority owned clinical
research stage subsidiaries, Beyond Cancer and NeuroNOS. We are
grateful for his contributions through these defining moments in
our Company's history and wish him continued success in his future
endeavors," said Steve Lisi, Chairman and Chief Executive Officer.
"I have enjoyed being part of the Beyond Air team over the past
several years, as we have guided the business from
development-stage to a fully commercial enterprise. I am proud of
what we accomplished together and confident that the company is
well-positioned for the future, particularly following the recent
financing agreements that strengthened the balance sheet," stated
Mr. Larson.
Mr. Larson's departure is not the result of any disagreements with
the Company on any matter relating to its financial statements,
internal control over financial reporting, operations, policies or
practices.
About Beyond Air
Headquartered in Garden City, N.Y., Beyond Air, Inc. --
www.beyondair.net -- is a commercial-stage medical device and
biopharmaceutical company developing a platform of nitric oxide
generators and delivery systems (the "LungFit platform") capable of
generating NO from ambient air. The Company's first device,
LungFitPH, received premarket approval from the FDA in June 2022.
The NO generated by the LungFit PH system is indicated to improve
oxygenation and reduce the need for extracorporeal membrane
oxygenation in term and near term (34 weeks gestation) neonates
with hypoxic respiratory failure associated with clinical or
echocardiographic evidence of pulmonary hypertension in conjunction
with ventilatory support and other appropriate agents.
East Hanover, New Jersey-based Marcum LLP, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated June 20, 2025, attached to the Company's Annual Report on
Form 10-K for the fiscal year ended March 31, 2025, citing that the
Company has suffered recurring losses from operations, has
experienced negative cash flows from operating activities since
inception, and has an accumulated deficit, that raise substantial
doubt about its ability to continue as a going concern.
As of June 30, 2025, the Company had $28.1 million in total assets,
against $17.7 million in total liabilities.
BLOCKFI INC: Secures Final Court OK of $13MM Settlement
-------------------------------------------------------
Emily Lever of Law360 reports that a New Jersey federal judge on
Friday, December 5, 2025, granted final approval to a $13.2 million
settlement resolving claims brought by investors who alleged losses
tied to their dealings with the collapsed cryptocurrency lender
BlockFi Inc. The ruling clears the way for compensation to be
distributed to class members who claimed they were harmed when the
company entered bankruptcy following industry-wide turmoil.
As part of the approval, the court authorized payments of $10,000
to each qualifying class member. The settlement marks a significant
recovery for investors seeking redress after BlockFi's failure,
providing closure to litigation that emerged amid the broader
instability in the digital asset lending sector, according to
report.
About BlockFi Inc.
BlockFi was founded in 2017 by Zac Prince and Flori Marquez and in
its early days had backing from influential Wall Street investors
like Mike Novogratz and, later on, Valar Ventures, a Peter
Thiel-backed venture fund as well as Winklevoss Capital, among
others. BlockFi was building a bridge between digital assets and
traditional financial and wealth management products to advance the
overall digital asset ecosystem for individual and institutional
investors. It made waves in 2019 when it began providing
interest-bearing accounts with returns paid in Bitcoin and Ether,
with its program attracting millions of dollars in deposits right
away. BlockFi grew during the pandemic years and had offices in New
York, New Jersey, Singapore, Poland and Argentina.
BlockFi worked with FTX US after it took an $80 million hit from
the bad debt of crypto hedge fund Three Arrows Capital, which
imploded after the TerraUSD stablecoin wipeout in May 2022. BlockFi
had significant exposure to the companies founded by former FTX
Chief Executive Officer Sam Bankman-Fried. BlockFi received a $400
million credit line from FTX US in an agreement that also gave FTX
the option to acquire BlockFi through a bailout orchestrated by
Bankman-Fried over the summer. BlockFi also had collateralized
loans to Alameda Research, the trading firm co-founded by
Bankman-Fried.
BlockFi Inc. and eight affiliates sought protection under Chapter
11 of the Bankruptcy Code (Bankr. D.N.J. Lead Case No. 22-19361) on
Nov. 28, 2022. In the petitions signed by their chief executive
officer, Zachary Prince, the Debtors reported $1 billion to $10
billion in both assets and liabilities. Judge Michael B. Kaplan
was
assigned to the cases.
The Debtors tapped Kirkland & Ellis and Haynes and Boone, LLP, as
general bankruptcy counsels; Walkers (Bermuda) Limited as special
Bermuda counsel; Cole Schotz, P.C., as local counsel; Berkeley
Research Group, LLC as financial advisor; Moelis & Company as
investment banker; and Street Advisory Group, LLC, as strategic
and
communications advisor. Kroll Restructuring Administration, LLC,
is the notice and claims agent.
In October 2023, BlockFi announced that its bankruptcy plan became
is effective, and the company emerged from bankruptcy.
BMH ONE RE: Voluntary Chapter 11 Case Summary
---------------------------------------------
Debtor: BMH One RE, LLC
400 East Centre Park Boulevard
Suite 101
DeSoto, TX 75115
Business Description: BMH One RE, LLC, a limited liability
company, leases a single real estate
property.
Chapter 11 Petition Date: December 1, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-34789
Debtor's Counsel: John J. Kane, Esq.
KANE RUSSELL COLEMAN LOGAN PC
901 Main Street
Suite 5200
Dallas, TX 75202
Tel: 214-777-4200
Fax: 214-777-4299
E-mail: jkane@krcl.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $10 million to $50 million
William Ian MacDonald signed the petition as manager.
The Debtor declared in the petition that there are no unsecured
creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FNQHUCA/BMH_One_RE_LLC__txnbke-25-34789__0001.0.pdf?mcid=tGE4TAMA
BMX TRANSPORT: Pendergrass Property Sale to Jackson County OK'd
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Georgia,
Gainesville Division, has granted BMX Transport LLC to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor is a transportation business, specializing in freight
and specialty transportation services. With a comprehensive network
and extensive industry experience, the business offers tailored
solutions, including truckload services using vans and reefers,
warehousing supported by advanced inventory systems, and secure
24-hour facilities. BMX excels in handling complex logistics,
ensuring efficiency and transparency in meeting client shipping
goals across the nation.
The Debtor owns 22.5 acres of real property located at 100 Point
Drive, Pendergrass, Georgia.
The Court has authorized the Debtor to sell the Property to Jackson
County Board of Education.
The Debtor may sell the Property as set forth in the Motion and the
Land Sales Agreement.
Upon closing of the sale of the Property, all liens, claims, and
encumbrances on the Property shall attach to the proceeds of the
Sale to the same extent, validity, and priority as they exist at
the time of the closing of the Sale.
The Debtor is authorized to pay Jeric Holdings, LLC, the holder of
the debt properly secured by the Property, in full at the time of
closing, provided that Jeric Holdings, LLC promptly releases its
lien secured by the Property as is customary under Georgia law.
The Debtor shall place the net proceeds of the sale into an escrow
account of the firm of Keck Legal, LLC until entry of further order
of the Court with respect to distribution of such proceeds.
The Buyer is purchasing the Property in good faith.
The Debtor is authorized to take all actions necessary to close the
sale of the Property and to comply with the Land Sales Agreement.
About BMX Transport LLC
BMX Transport, LLC provides long-distance specialized freight
trucking services across the United States, focusing on goods that
require unique handling or equipment. It offers full truckload
transport using dry vans and refrigerated trailers, supported by
warehousing and 24/7 logistics operations. Headquartered in
Georgia, BMX Transport operates a federally authorized fleet of
trucks and trailers.
BMX Transport sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ga. Case No. 25-20705) on May 5, 2025. In its
petition, the Debtor reported between $1 million and $10 million
in both assets and liabilities.
Judge James R. Sacca handles the case.
The Debtor is represented by Benjamin R. Keck, Esq., at Keck Legal,
LLC.
BOREN INC: Court Extends Cash Collateral Access to Dec. 30
----------------------------------------------------------
Boren, Inc. received another extension from the U.S. Bankruptcy
Court for the Middle District of Tennessee to use cash collateral.
The court issued its second interim order extending the Debtor's
authority to use cash collateral through December 30 to pay the
expenses set forth in its budget, subject to a 10% variance.
As adequate protection, secured creditors that may have interest in
the cash collateral will be granted replacement liens on the
Debtor's post-petition property and its proceeds, with the same
validity and priority as their pre-bankruptcy interests. These
replacement liens do not apply to avoidance actions.
The final hearing is set for December 30.
The second interim order is available at https://is.gd/8pm4xY from
PacerMonitor.com.
The secured creditors claiming interests on the Debtor's accounts
receivable and other assets based on their UCC-1 financing
statements are Simmons Bank ($356,071), United Leasing, Inc.
($48,790), and the U.S. Small Business Administration ($96,303).
All other creditors that filed UCC-1 financing statements based on
the report provided by the Tennessee Secretary of State are
merchant cash advance lenders.
The Debtor turned to MCA loans in December 2024 to cover short-term
funding gaps, expecting a temporary solution, but the aggressive
repayment terms quickly worsened its financial strain.
About
Boren Inc.
Boren, Inc., doing business as Fitness 1440, operates multi-level
fitness centers in Nashville, Tennessee, offering 24/7 gym access,
swimming pools, saunas, personal training, group fitness classes,
and other wellness amenities. It provides membership services with
access to multiple locations and specialized fitness equipment.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Tenn. Case No. 25-04621) on October
31, 2025, with $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. Nelson Boren, Jr., regional manager, signed
the petition.
Judge Charles M. Walker presides over the case.
Michelle L. Spezia, Esq., at Johnson Legal, PLLC represents the
Debtor as bankruptcy counsel.
BOY SCOUTS: Opposes Supreme Court Review of Chapter 11 Deal
-----------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that the Boy Scouts
of America urged the U.S. Supreme Court to reject a small group of
abuse claimants' bid to overturn its Chapter 11 reorganization
plan, which created a $2.4 billion compensation trust for
survivors. The organization argued that the challenge comes from a
tiny minority of claimants and threatens the stability of a plan
already overwhelmingly approved and implemented.
In its filing, the Boy Scouts said the objecting claimants
represent only a fraction of a percent of the total survivor group
and are improperly challenging the $1.65 billion sale of insurance
rights that helped fund the trust. Because that sale closed long
ago and involved good-faith buyers, the Bankruptcy Code bars the
type of relief the petitioners are seeking, the organization
contended.
About Boy Scouts of America
The Boy Scouts of America -- https://www.scouting.org/ -- is a
federally chartered non-profit corporation under title 36 of the
United States Code. Founded in 1910 and chartered by an act of
Congress in 1916, the BSA's mission is to train youth in
responsible citizenship, character development, and self-reliance
through participation in a wide range of outdoor activities,
educational programs, and, at older age levels, career-oriented
programs in partnership with community organizations. Its national
headquarters is located in Irving, Texas.
The Boy Scouts of America and affiliate Delaware BSA, LLC, sought
Chapter 11 protection (Bankr. D. Del. Lead Case No. 20-10343) on
Feb. 18, 2020, to deal with sexual abuse claims.
Boy Scouts of America was estimated to have $1 billion to $10
billion in assets and at least $500 million in liabilities as of
the bankruptcy filing.
The Debtors have tapped Sidley Austin LLP as their bankruptcy
counsel, Morris, Nichols, Arsht & Tunnell LLP as Delaware counsel,
and Alvarez & Marsal North America, LLC, as financial advisor. Omni
Agent Solutions is the claims agent.
The U.S. Trustee for Region 3 appointed a tort claimants' committee
and an unsecured creditors' committee on March 5, 2020. The tort
claimants' committee is represented by Pachulski Stang Ziehl &
Jones, LLP, while the unsecured creditors' committee is represented
by Kramer Levin Naftalis & Frankel, LLP.
The Debtors obtained confirmation of their Third Modified Fifth
Amended Chapter 11 Plan of Reorganization (with Technical
Modifications) on September 8, 2022. The Order was affirmed on
March 28, 2023. The Plan was declared effective on April 19, 2023.
The Hon. Barbara J. House (Ret.) has been appointed as trustee of
the BSA Settlement Trust.
BRIDGING THE DIVIDES: Seeks Chapter 11 Bankruptcy in North Carolina
-------------------------------------------------------------------
On December 3, 2025, Bridging the Divides sought Chapter 11
protection in the Eastern District of North Carolina. According to
court filings, the Debtor reports between $100,001 and $1,000,000
in debt owed to 1–49 creditors.
About Bridging the Divides
Bridging the Divides is a single asset real estate company.
Bridging the Divides filed for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-04828) on December 3,
2025. In its petition, the Debtor reports estimated assets of
$100,001 to $1,000,000 and estimated liabilities in the same
range.
Honorable Bankruptcy Judge Joseph N. Callaway handles the case.
The Debtor is represented by counsel noted in the court filings.
BROWNIE'S MARINE: Issues 48.12MM Shares to CEO, Director
--------------------------------------------------------
Brownie's Marine Group, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that on November
24, 2025, the Company, issued:
a. 24,722,222 shares of its common stock, par value $0.0001
per share to Robert Carmichael, the Company's Chief Executive
Officer and a Director, in lieu of a cash payment of $133,500, and
b. 23,400,000 shares of Common Stock to Charles Hyatt, a
Director, in lieu of a cash payment of $117,000, as accrued
compensation for their service on the board of directors of the
Company.
Such shares are exempt from registration under the Securities Act
of 1933, as amended, in reliance upon an exemption from
registration provided by Section 4(a)(2) thereof.
About Brownie's Marine
Pompano Beach, Fla.-based Brownie's Marine Group, Inc., through its
wholly owned subsidiaries, designs, tests, manufactures and
distributes tankless dive systems, rescue air systems and
yacht-based self-contained underwater breathing apparatus air
compressor and nitrox generation fill systems and acts as the
exclusive distributor in North and South America for Lenhardt &
Wagner GmbH compressors in the high-pressure breathing air and
industrial gas markets. The Company is also the exclusive United
States and Caribbean distributor for Chrysalis Trading CC, a South
African manufacturer of fitness and dive equipment, which is doing
business as Bright Weights, of a dive ballast system produced in
South Africa.
As of June 30, 2025, the Company had $5,812,643 in total assets,
$4,151,423 in total liabilities, and $1,661,219 in total
stockholders' equity.
Henderson, Nev.-based Bush and Associates CPA LLC, the Company's
auditor since 2024, issued a 'going concern' qualification in its
report dated June 13, 2025, attached to the Company's Annual Report
on Form 10-K for the year ended December 31, 2024, citing that the
Company had a net loss of approximately $240,599 and cash used in
operating activities of approximately $292,314 for the year ended
December 31, 2024, as well as an accumulated deficit of
approximately $17,927,329 as of December 31, 2024. These factors
raise substantial doubt about the Company's ability to continue as
a going concern.
BURGUNDIAN LLC: Accountant Wins $17,352.50 in Fees
--------------------------------------------------
Judge Christopher J. Panos of the United States Bankruptcy Court
for the District of Massachusetts approved the final application
for compensation and reimbursement of expenses of Verdolino & Lowey
P.C., The Burgundian, LLC's accountant, for the period July 14,
2025 to October 31, 2025 in the amount of $17,352.50, comprised of
fees in the amount of $17,352.50 and expenses in the amount of $0.
A copy of the Court's Order dated November 25, 2025, is available
at https://urlcurt.com/u?l=zzoBSC from PacerMonitor.com.
About The Burgundian LLC
The Burgundian LLC operates a restaurant in Attleboro,
Massachusetts.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-11287) on June 24,
2025. In the petition signed by Shane T. Matlock, manager, the
Debtor disclosed up to $500,000 in assets and up to $1 million in
liabilities.
Judge Christopher J. Panos oversees the case.
David B. Madoff, Esq., at Madoff and Khoury LLP, is the Debtor's
legal counsel.
BURGUNDIAN LLC: Counsel's First Fee Application Okayed
------------------------------------------------------
Judge Christopher J. Panos of the United States Bankruptcy Court
for the District of Massachusetts approved the first application
for compensation and reimbursement of expenses of David Madoff, The
Burgundian, LLC's attorney, for the period June 24, 2025 to
November 6, 2025 in the amount of $21,361.91, comprised of fees in
the amount of $20,327.00 and expenses in the amount of $1,034.91.
A copy of the Court's Order dated November 25, 2025, is available
at https://urlcurt.com/u?l=PknVVI from PacerMonitor.com.
About The Burgundian LLC
The Burgundian LLC operates a restaurant in Attleboro,
Massachusetts.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-11287) on June 24,
2025. In the petition signed by Shane T. Matlock, manager, the
Debtor disclosed up to $500,000 in assets and up to $1 million in
liabilities.
Judge Christopher J. Panos oversees the case.
David B. Madoff, Esq., at Madoff and Khoury LLP, is the Debtor's
legal counsel.
BURGUNDIAN LLC: Subchapter V Trustee's Fee Application Okayed
-------------------------------------------------------------
Judge Christopher J. Panos of the United States Bankruptcy Court
for the District of Massachusetts approved the application for
final allowance of compensation and expense reimbursement of Joseph
DiOrio, Subchapter V trustee for The Burgundian, LLC, for the
period June 25, 2025 to November 4, 2025 in the amount of
$3,887.04, comprised of fees in the amount of $3,650.50 and
expenses in the amount of $236.54.
A copy of the Court's Order dated November 25, 2025, is available
at https://urlcurt.com/u?l=9Q0TLW from PacerMonitor.com.
About The Burgundian LLC
The Burgundian LLC operates a restaurant in Attleboro,
Massachusetts.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-11287) on June 24,
2025. In the petition signed by Shane T. Matlock, manager, the
Debtor disclosed up to $500,000 in assets and up to $1 million in
liabilities.
Judge Christopher J. Panos oversees the case.
David B. Madoff, Esq., at Madoff and Khoury LLP, is the Debtor's
legal counsel.
CANDYWAREHOUSE.COM INC: Gets Final OK to Use Cash Collateral
------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Texas,
Dallas Division issued a final order authorizing
CandyWarehouse.com, Inc. to use cash collateral.
The Debtor may use cash collateral to pay any budgeted expenses
that come due and may exceed each individual budget line item by up
to 110% without further court approval. All revenue generated in
the ordinary course of business is included in the authorized cash
collateral.
The 30-day budget projects total cash disbursements of $230,101.
As adequate protection, secured creditors listed in the debtor's
filings are granted replacement liens on post-petition assets,
limited to any decrease in value of their collateral. These liens
exclude Chapter 5 claims and their proceeds.
The order also confirms that holders of perfected security
interests in cash collateral receive replacement liens in
postpetition accounts receivable, contract rights, and deposit
accounts consistent with their prepetition priority.
The final order provides for a carveout for certain administrative
expenses, including fees incurred by the U.S. Trustee and
Subchapter V trustee, clerk fees and bankruptcy professional fees.
About Candywarehouse.com Inc.
CandyWarehouse.com, Inc. operates an e-commerce platform that sells
bulk candies, snacks, and party supplies, offering products such as
chocolates, gummies, and international confections. It provides
customers with search options by flavor, color, event, or holiday,
and caters to both individual and wholesale buyers.
CandyWarehouse.com sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Case No. 25-34192) on October
24, 2025, with $223,957 in assets and $3,244,950 in liabilities.
Mimi Kwan-Nguyen, president of CandyWarehouse.com, signed the
petition.
Judge Michelle V. Larson presides over the case.
Robert C. Lane, Esq., at The Lane Law Firm represents the Debtor as
bankruptcy counsel.
CAPROCK LAND: Bunkley, et al. Win Bid for Payment of Defense Costs
------------------------------------------------------------------
The United States Bankruptcy Court for the Northern District of
Texas granted the motion of Thomas Bunkley, III and Erin Bunkley
for an order to allow payment, reimbursement, and/or advancement of
defense costs under D&O policy and modifying the automatic stay, to
the extent applicable in the bankruptcy case of CapRock Land
Company, LLC.
Pursuant to Section 362(d)(1) of the Bankruptcy Code, relief from
the automatic stay, to the extent applicable, is granted for cause
to permit the insurer, Arch Insurance Company or its affiliates,
pursuant to the terms of the D&O Policy, to pay, reimburse, and/or
advance all covered amounts incurred by or to be incurred by Thomas
Bunkley III and Erin Bunkley, including any defense costs
previously incurred, presently being incurred, or that will in the
future be incurred by these defendants.
A copy of the Court's Order dated November 17, 2025, is available
at https://urlcurt.com/u?l=JrH1K6 from PacerMonitor.com.
About CapRock Land Company
CapRock Land Company, LLC, a company in Amarillo, Texas, purchases
and sells agricultural commodities.
CapRock filed Chapter 11 petition (Bankr. N.D. Texas Case No.
23-20172) on Aug. 25, 2023, with $1 million to $10 million in
assets and $10 million to $50 million in liabilities. Judge Robert
L. Jones oversees the case.
Steven L. Hoard, Esq., at Mullin Hoard & Brown, LLP, was the
Debtor's legal counsel.
StoneX Commodity Solutions, LLC, the Debtor's lender, was
represented by Polsinelli, PC.
The case was converted to Chapter 7 on March 18, 2024. Laurie Dahl
Rea is the Chapter 7 trustee appointed in the Debtor's bankruptcy
case. The trustee is represented by Rochelle McCullough, LLP.
CAPSTONE BORROWER: Fitch Alters Outlook on 'B+' IDR to Negative
---------------------------------------------------------------
Fitch Ratings has affirmed Capstone Borrower, Inc.'s (dba Cvent)
Long-Term Issuer Default Rating (IDR) at 'B+'. Fitch has also
downgraded Cvent's existing first lien revolver, secured notes and
proposed upsized Term Loan to 'BB' with a Recovery Rating of 'RR2'
from 'BB+'/'RR1'. The Rating Outlook is revised to Negative from
Stable. Fitch has also published the IDR of the financial filer
Capstone TopCo, Inc. at 'B+' with a Negative Outlook.
The 'B+' IDR reflects Cvent's strong recurring revenues, high net
dollar retention, broad and diverse customer base and strong market
position. However, cash flow remains pressured with high EBITDA
leverage and no room for more debt at the current rating.
Fitch expects cash flow metrics to stay below the negative
sensitivity in the near term, driving the Outlook revision. The
incremental term loan weakens recovery prospects for senior secured
facilities, resulting in the downgrade of the recovery rating.
Key Rating Drivers
Pressured Short-Term Cash Flow Profile: Fitch expects Cvent's cash
flow from operations (CFO) minus capital expenditure (capex) to
total debt ratio and the FCF margin to stay pressured in the near
term due to the proposed higher debt balance and interest expenses.
Fitch expects both metrics to keep improving and rise to above 10%
by 2028, driven by continued EBITDA growth and debt amortization.
Cvent's capitalized software development costs have been gradually
declining to about 6.6% of reported revenue in 2024, but the
percentage is still higher than most of its software peers, making
the company's FCF profile relatively weak in the short term.
High but Declining Leverage: Fitch expects EBITDA leverage to
temporarily increase to 7.8x by the end of 2025, due to the
incremental debt issuances in 2025, and the change of Fitch's
criteria where capitalized software development costs are no longer
treated as capex but operating expenses. Fitch projects EBITDA
leverage will start declining in 2026, as EBITDA continues to grow
organically and through additional strategic and opportunistic
acquisitions. Fitch also projects that EBITDA leverage will
continue to decline yoy to below 6x by 2027, with no assumed debt
prepayments or additional debt issuance.
Strong Revenue Visibility and Retention: Over 50% of Cvent's annual
contract value (ACV) bookings are tied to multi-year contracts. As
of Sept. 30, 2025, over 90% of LTM revenue were recurring, with
most of this recurring revenue coming from software subscriptions.
Cvent's resiliency through past economic downturns indicates a
reliable revenue stream. The company has also maintained a net
retention rate over 100% since 2021, demonstrating strong customer
loyalty despite some historical fluctuations. As of September 2025,
the net dollar retention rate was 105.4%, up YoY from 104.8% in
2024.
Large and Diverse Customer Base: Cvent serves over 25,000 customers
globally, with about 85% of revenue from North America for FY 2024
and the first nine months of FY 2025. Its largest customer accounts
for less than 1% of total reported revenue. The Event Cloud segment
declined to 67.2% of 2024 reported revenue from previous years and
further down to about 65% as of 3Q25. The remaining reported
revenue is from the Hospitality Cloud segment, which has been
growing yoy faster than Event Cloud, increasing revenue
diversification. This segment includes the Cvent Supplier Network
and Cvent Vendor Marketplace, with over 340,000 hotels and venues.
Market Leader with Growth Opportunities: Cvent is a market leader
in the event and hospitality management software market. Since the
pandemic, the company has pivoted its offerings to meet customer
needs, providing flexible software as a service (SaaS) solution for
virtual, in-person and hybrid events. Cvent offers an all-in-one
platform, delivering cost-efficient solutions for its customers,
and the product offering has been expanding via strategic
acquisitions. With a lower-interest-rate environment, Fitch
anticipates that the company will experience greater growth
opportunities due to improved customer financial flexibility.
Peer Analysis
Although there are no direct peers in the Fitch-rated universe,
Cvent's credit profile is comparable to other software providers
under private ownership with similar ratings and a
subscription-based revenue model, including Quartz AcquireCo, LLC
(dba Qualtrics; BB-/Stable), ConnectWise, LLC (ConnectWise;
B+/Stable), Constant Contact, Inc. (Constant Contact; B/Stable) and
RealPage, Inc. (RealPage; B/Stable).
Qualtrics has stronger key credit metrics compared to Cvent such as
leverage and cash flow ratios at a larger scale. Therefore, it is
rated at a higher level than Cvent.
ConnectWise is rated the same as Cvent. ConnectWise has a much
higher EBITDA margin but is similar to Cvent in terms of leverage
and other credit metrics. ConnectWise and Cvent are both leaders in
their own niche markets.
Compared to issuers at a lower rating, such as RealPage and
Constant Contact, Cvent has similar metrics such as EBITDA leverage
and EBITDA interest coverage in the short term, but CFO minus capex
to total debt ratio has a much stronger growth prospect for the
next 18 to 24 months, despite the temporary pressure.
Fitch’s Key Rating-Case Assumptions
- Total revenue grows at low-double-digit compound annual growth
rate (CAGR) through 2028;
- $100 million to $200 million cash spent on tuck-in acquisitions
per year from 2026 to 2028;
- Total operating expenses as a percentage to total revenue
decreases over time as the company scales continues its cost
savings plan, leading to Fitch-adjusted EBITDA margin rising to
high-20% level by 2028;
- Capex as a percentage to total revenue, excluding capitalized
software development costs, stays below 1% through the forecast
period;
- Secured overnight financing rates (SOFRs) used for the forecast
period are 4.42%, 3.52%, 3.43% and 3.60% for 2025 to 2028,
respectively;
- No debt prepayment or incremental issuance is assumed for the
period until 2028.
Recovery Analysis
Key Recovery Assumptions
- The recovery analysis assumes that Cvent would be reorganized as
a going concern in bankruptcy rather than liquidated;
- The revolver is assumed to be fully drawn;
- A 10% administrative claim is assumed.
Going-Concern (GC) Approach
The recovery analysis assumes that Cvent enters a distressed
scenario due to the loss of market share to smaller competitors,
such as Bizzabo, amid significant macroeconomic headwinds, leading
to a decrease in its top line. In the meantime, Cvent must increase
operating expenses to try to boost revenue growth. The margin
compression is partially offset by the successfully completed
cost-cutting initiatives and EBITDA contribution from latest
acquisitions after full integration, as well as further cost
reduction from restructuring. Fitch forecasts that the company's
going concern (GC) EBITDA is $230 million.
An enterprise value (EV) to EBITDA multiple of 7.0x is applied to
the GC EBITDA to calculate a post-reorganization EV. This multiple
considers the company's recurring revenue model, low customer
churn, flexible cost structure and leading position in its target
market. This multiple is also aligned with historical bankruptcy
exit multiples for software peers, as outlined in Fitch's 2025
"Telecom, Media and Technology Bankruptcy Enterprise Values and
Creditor Recoveries" case study.
By comparison, the median reorganization EV to EBITDA multiple in
the technology, media and telecommunications (TMT) sector is
approximately 5.9x. For software companies, the multiple ranges
between 5.5x (Aspect Software Parent Inc.) and 8.4x (Allen Systems
Group, Inc.).
Given the 7.0x EV to EBITDA multiple and a GC EBITDA of $230
million, the recovery EV is $1,449 million after accounting for a
10% administration claim. This leads to a Recovery Rating of
'BB'/'RR2' for the 1L TL, revolver and bond, two notches above
Cvent's 'B+' IDR.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- CFO minus capex to total debt ratio below 7% on a sustained
basis;
- EBITDA Leverage sustained above 6x;
- Erosion in revenue retention rates resulting in organic revenue
growth sustaining near or below 0%.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- CFO minus capex to total debt ratio expected to be 10% or higher
on a sustained basis;
- EBITDA Leverage sustained below 4.5x;
- Sufficient financial flexibility for company to pursue strategic
actions without significant deviation in credit metrics.
Factors that Could, Individually or Collectively, Lead to a Stable
Outlook
- CFO minus capex to total debt ratio above 7% on a sustained
basis
Liquidity and Debt Structure
As of Sept. 30, 2025, Cvent had $221.5 million in cash and cash
equivalents, up from $143.6 million at the end of 2024, mainly due
to positive FCF generation. Fitch expects the company to continue
growing its EBITDA and generating positive FCF to support its
liquidity needs. In addition, the company also has a $150 million
revolver that is undrawn and fully available.
In 1H25, the company issued $50 million incremental TL to fund a
tuck-in acquisition. Cvent also issued $325 million incremental 1L
senior secured bonds and used the proceeds to partly redeem the
preferred shares issued by the parent company, Capstone TopCo,
Inc., pay related fees and add cash to the balance sheet. The
company is also issuing incremental TL, and the pro forma total
debt balance will increase to approximately $1.7 billion.
The preferred shares issued under the parent company are outside of
the restricted group of the 1L debts and are now fully owned by the
common shareholders. As per Fitch's criteria, the preferred shares
are treated as non-debt for both Cvent and the parent company,
Capstone TopCo, Inc.
Issuer Profile
Capstone Borrower, Inc. (dba Cvent) is a leading meetings, events,
and hospitality software provider that delivers comprehensive event
marketing and management platform. It serves over 25,000 customers
globally. Approximately 53% of Fortune 500 companies use Cvent.
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
----------- ------ -------- -----
Capstone Borrower, Inc. LT IDR B+ Affirmed B+
senior secured LT BB Downgrade RR2 BB+
Capstone TopCo, Inc. LT IDR B+ Publish
CAPSTONE TOPCO: $250MM Incremental Loan No Impact on Moody's B3 CFR
-------------------------------------------------------------------
Moody's Ratings said that Capstone TopCo, Inc.'s (Cvent) proposed
issuance of an incremental $250 million backed senior secured term
loan due June 2030 (issued by Capstone Borrower, Inc.) is a
negative credit development since it will raise debt leverage.
However, as Moody's expects the company to reduce financial
leverage over the next 12 to 18 months, the transaction has no
impact on the ratings, including Cvent's B3 corporate family rating
and the B3-PD probability of default. The B3 rating on the backed
senior secured bank credit facilities consisting of a revolving
credit facility due 2028 and a term loan due 2030 at Capstone
Borrower, Inc. are unchanged. The stable outlooks are also
unchanged.
On December 02, 2025, Cvent, led by private equity firm Blackstone,
Inc., announced a $250 million incremental senior secured term loan
with proceeds used to fund an acquisition.
Moody's considers the news a negative credit development because
the incremental debt increases financial leverage in the near term.
Pro forma for the acquisition, Moody's estimates that Cvent's
debt/EBITDA will increase to around 7.5x from 6.5x after expensing
capitalized software costs and including changes in deferred
revenue for the 12 months ended September 30, 2025. The acquisition
will not initially contribute earnings and will take time to
significantly scale. Moody's expects the transaction to close by
the end of 2025. Moody's estimates that the company will also use
around $30 million of cash on hand to fund the remaining cash
portion of the purchase price, which diminishes liquidity in the
near term. Nonetheless, ratings are unaffected because Moody's
expects that the company will be able to reduce financial leverage
below 6.5x by the end of 2026 from a combination of organic
earnings growth in the high single-digit percentages and debt
repayment. Moody's anticipates the company will generate around
breakeven cash flow after 1% annual mandatory debt repayment of
around $10 million, registration fees payable to customers, and
deferred cash compensation take-private payments. The company will
have $223 million of cash pro forma at close of the transaction and
full access to its $150 million revolving credit facility due
2028.
The transaction indicates high governance risk remains as it
pertains to financial strategies and risk management given the
increased financial leverage following the acquisition. The
acquisition is significantly larger compared to prior acquisitions,
the largest of which was Splash for $110.9 million in September
2024. The company has had a track record of reducing leverage
following debt-funded acquisitions.
Cvent, based in Tysons Corner, VA, and privately owned by
affiliates of Blackstone Inc., provides cloud-based enterprise
event management and hospitality software and services, mostly in
North America. Moody's expects revenue of about $1 billion in 2026.
CBDMD INC: Adopts 2025 Equity Plan with 2% Annual Evergreen
-----------------------------------------------------------
cbdMD, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that on November 28, 2025, the
Board of Directors approved the 2025 Plan, as the Company's 2015
Equity Compensation Plan has expired and there is a nominal number
of shares available under the Company's 2021 Equity Compensation
Plan.
The Board of Directors will recommend that the 2025 Plan be
approved by the Company's shareholders at the Company's upcoming
2026 annual meeting.
The purpose of the 2025 Plan is to enable the Company to offer to
its employees, officers, directors and consultants whose past,
present and/or potential contributions to the Company and its
Subsidiaries have been, are or will be important to the success of
the Company, an opportunity to acquire a proprietary interest in
the Company.
The 2025 Plan reserves 891,316 shares of the Company's common stock
for issuance pursuant to the terms of the plan upon the grant of
plan options, restricted stock awards, or other stock-based awards
granted under the 2025 Plan. The 2025 Plan also contains an
"evergreen formula" pursuant to which the number of shares of
common stock available for issuance under the 2025 Plan will
automatically increase on October 1 of each calendar year during
the term of the 2025 Plan, beginning with calendar year 2026:
(i) by an amount equal to 2% of the total number of shares of
common stock outstanding on September 30 of the such calendar year,
up to a maximum of 300,000 shares or
(ii) to no more than 10% of the then number of issued and
outstanding shares of the Company's common stock as of the date of
such increase.
The 2025 Plan will be administered by the Compensation, Corporate
Governance and Nominating Committee of our board of directors. Such
committee is comprised of independent member of our board of
directors in accordance with the rules of the NYSE American LLC,
the exchange on which our common stock is presently listed.
The Compensation, Corporate Governance and Nominating Committee
will determine, from time to time, those of individuals to whom
stock awards or plan options will be granted, the terms and
provisions of each such grant, the dates such grants will become
exercisable, the number of shares subject to each grant, the
purchase price of such shares and the form of payment of such
purchase price.
All other questions relating to the administration of the 2025 Plan
and the interpretation of the provisions thereof are to be resolved
at the sole discretion of the Compensation, Corporate Governance
and Nominating Committee.
The 2025 Plan provides for the grant of restricted stock awards,
deferred stock grants, stock appreciation rights, incentive stock
options ("ISOs") and non-qualified stock options.
Awards may be made or granted to the employees, officers, directors
and consultants who are deemed to have rendered or to be able to
render significant services to the Company or its subsidiaries and
who are deemed to have contributed or to have the potential to
contribute to the success of our company.
Any plan option granted under the 2025 Plan must provide for an
exercise price of not less than 100% of the fair market value of
the underlying shares on the date of such grant, but the exercise
price of any ISO granted to an eligible employee owning more than
10% of the Company's common stock must be at least 110% of such
fair market value as determined on the date of the grant.
No ISOs may be granted to any person who is not an employee of the
Company or a subsidiary at the time of grant. The recipient of any
grant under the 2025 Plan, and the amount and terms of a specific
grant, will be determined by the Compensation, Corporate Governance
and Nominating Committee.
The term of each plan option will be fixed by the Compensation,
Corporate Governance and Nominating Committee; provided, however,
that an ISO may be granted only within the 10-year period
commencing from the date of adoption of the 2025 Plan by the Board
of Directors and may only be exercised within 10 years of the date
of grant, or five years in the case of an ISO granted to an
optionee who, at the time of grant, owns shares of our common stock
possessing more than 10% of the total combined voting power of all
classes of stock of the Company.
The exercise price per share of common stock purchasable under a
plan option will be determined by the Compensation, Corporate
Governance and Nominating Committee at the time of grant and may
not be less than 100% of the fair market value on the day of grant,
or, in the case of a grant of an ISO to a 10% or greater
shareholder, not be less than 110% of the fair market value on the
date of grant.
Shares of restricted stock may be awarded either alone or in
addition to other awards granted under the 2025 Plan.
The Compensation, Corporate Governance and Nominating Committee,
subject to board of directors authorization, if indicated, may
determine the eligible persons to whom, and the time or times at
which, grants of restricted stock will be awarded, the number of
shares to be awarded, the price (if any) to be paid by the holder,
the time or times within which such awards may be subject to
forfeiture, the vesting schedule and rights to acceleration
thereof, and all other terms and conditions of the awards.
Restricted stock will constitute issued and outstanding shares of
our common stock for all corporate purposes. The holder will have
the right to vote such restricted stock, to receive and retain all
regular cash dividends and other cash equivalent distributions as
the board of directors may in its sole discretion designate, pay or
distribute on such restricted stock and to exercise all other
rights, powers and privileges of a holder of common stock with
respect to such restricted stock, with the exceptions that:
(i) the holder will not be entitled to delivery of the stock
certificate or certificates representing such restricted stock
until the restriction period, if any, has expired and unless all
other vesting requirements with respect thereto shall have been
fulfilled;
(ii) the Company will retain custody of the stock certificate
or certificates representing the restricted stock during the
restriction period;
(iii) other than regular cash dividends and other cash
equivalent distributions as the board of directors may in its sole
discretion designate, pay or distribute, the Company will retain
custody of all distributions made or declared with respect to the
restricted stock until such time, if ever, as the restricted stock
with respect to which such retained distributions may be made, paid
or declared has become vested;
(iv) such award has not been forfeited.
Other stock-based awards may be awarded, subject to limitations
under applicable law, that are denominated or payable in, valued in
whole or in part by reference to, or otherwise based on, or related
to, shares of common stock, as deemed by the Compensation,
Corporate Governance and Nominating Committee to be consistent with
the purposes of the 2025 Plan, including, without limitation,
purchase rights, shares of common stock awarded which are not
subject to any restrictions or conditions, or other rights
convertible into shares of common stock and awards valued by
reference to the value of securities of or the performance of
specified subsidiaries.
Other stock-based awards may be awarded either alone or in addition
to or in tandem with any other awards under the 2025 Plan or any
other plan of the Company. Each other stock-based award will be
subject to such terms and conditions as may be determined by the
Compensation, Corporate Governance and Nominating Committee.
The 2025 Plan became effective on the date of its adoption by our
board of directors.
To the extent that the 2025 Plan authorizes the award of ISOs, the
failure to obtain shareholder approval for the 2025 Plan by
November 28, 2025 does not invalidate the 2025 Plan; provided,
however, that:
(i) in the absence of such shareholder approval, ISOs may not
be awarded under the 2025 Plan and
(ii) any ISOs previously awarded under the 2025 Plan will
automatically be converted into NQOs upon terms and conditions
determined by the Compensation, Corporate Governance and Nominating
Committee to reflect, as nearly as is reasonably practicable in its
sole determination, the terms and conditions of the ISOs so
converted. Furthermore, grants under the 2025 Plan will not vest
until shareholder approval is received.
The Board of Directors may at any time, and from time to time,
amend alter, suspend or discontinue any of the provisions of the
2025 Plan, but no amendment, alteration, suspension or
discontinuance may be made that would impair the rights of a holder
of any outstanding grant or award under the 2025 without such
holder's consent.
Unless the 2025 Plan is suspended or terminated by the Board, the
2025 Plan will terminate 10 years from the date of its adoption.
Any termination of the 2025 Plan will not affect the validity of
any options previously granted thereunder.
A full-text copy of the 2025 Equity Compensation Plan is available
at https://tinyurl.com/5fmxd86j
About cbdMD, Inc.
Headquartered in Charlotte, N.C., cbdMD, Inc. --
http://www.cbdmd.com/-- owns and operates the nationally
recognized CBD (cannabidiol) brands cbdMD, Paw CBD, and cbdMD
Botanicals. Its mission is to enhance its customers' overall
quality of life while bringing CBD education, awareness, and
accessibility of high-quality and effective products to all. The
Company sources cannabinoids, including CBD, which are extracted
from non-GMO hemp grown on farms in the United States.
Charlotte, North Carolina-based Cherry Bekaert LLP, the Company's
auditor since 2016, issued a "going concern" qualification in its
report dated Dec. 18, 2024, citing that the Company has
historically incurred losses, including a net loss of approximately
$3.7 million in the current year, resulting in an accumulated
deficit of approximately $182 million as of September 30, 2024.
These conditions raise substantial doubt about the Company's
ability to continue as a going concern.
As of June 30, 2025, the Company had $9.90 million in total assets,
$3.78 million in total liabilities, and $6.11 million in total
cbdMD, Inc. shareholders' equity.
CBDMD INC: Sets CEO Kennedy's Annual Base Salary at $340,000
------------------------------------------------------------
cbdMD, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that on November 28, 2025, the
Company entered into an Executive Employment Agreement with T.
Ronan Kennedy, the Company's Chief Executive Officer and Chief
Financial Officer.
The term of the Agreement commenced on November 28, 2025 and
expires three years thereafter and may be extended for additional
one-year periods unless terminated.
The Company will pay Mr. Kennedy a base salary of $340,000.
The Company also granted Mr. Kennedy a restricted stock award for
445,000 shares of the Company's common stock pursuant to the
Company's 2025 Equity Compensation Plan.
The vesting and issuance of the shares is subject to shareholder
approval.
A full text of the Agreement is available at
https://tinyurl.com/4p5ajbr2
About cbdMD, Inc.
Headquartered in Charlotte, N.C., cbdMD, Inc. --
http://www.cbdmd.com/-- owns and operates the nationally
recognized CBD (cannabidiol) brands cbdMD, Paw CBD, and cbdMD
Botanicals. Its mission is to enhance its customers' overall
quality of life while bringing CBD education, awareness, and
accessibility of high-quality and effective products to all. The
Company sources cannabinoids, including CBD, which are extracted
from non-GMO hemp grown on farms in the United States.
Charlotte, North Carolina-based Cherry Bekaert LLP, the Company's
auditor since 2016, issued a "going concern" qualification in its
report dated Dec. 18, 2024, citing that the Company has
historically incurred losses, including a net loss of approximately
$3.7 million in the current year, resulting in an accumulated
deficit of approximately $182 million as of September 30, 2024.
These conditions raise substantial doubt about the Company's
ability to continue as a going concern.
As of June 30, 2025, the Company had $9.90 million in total assets,
$3.78 million in total liabilities, and $6.11 million in total
cbdMD, Inc. shareholders' equity.
CELANESE US: Fitch Assigns 'BB+' Rating on Senior Unsecured Notes
-----------------------------------------------------------------
Fitch Ratings has assigned a 'BB+' instrument rating with a
Recovery Rating of 'RR4' to Celanese US Holdings LLC's proposed
senior unsecured notes. Proceeds will be used to refinance existing
indebtedness. Celanese's current Long-Term Issuer Default Rating
(IDR) is 'BB+' and the Rating Outlook is Negative.
The rating reflects Celanese's position as one of the world's
leading producers of acetic acid, solid margins and continued free
cash flow (FCF) generation. These factors are offset by continued
soft end-market demand and Chinese supply expansion, which are
driving weaker earning and higher-for-longer EBITDA leverage. The
Negative Outlook reflects Fitch's expectation that Celanese's
leverage will remain elevated for its rating amid persistently
uncertain market conditions.
Key Rating Drivers
Sustained High Leverage: Fitch expects Celanese's leverage will
remain above 4.0x beyond 2027 as the company contends with middling
demand and increased production capacity for acetic acid. The
company's dividend cut, targeted expense and capex cuts, and cash
from potential asset sales signal a commitment to debt reduction,
but will not fully offset the lower projected earnings.
Weaker Market Conditions Impact Performance: Weaker demand in Asia
and tepid auto demand, coupled with capacity additions in vinyl
acetate monomer, led to an oversupplied market and a weak pricing
environment in the vinyl chain. Fitch expects ample supply and a
sustained competitive pricing environment will impact
standard-grade nylons in the company's engineered materials (EM)
segment. Celanese's efforts to shift from standard-grade nylons to
differentiated, higher-margin products should help support this
segment over time.
Resilient FCF: Fitch expects FCF (post-dividends) to remain
positive over the forecast period despite the challenging market
environment. FCF will remain below prior forecasts due to prolonged
weaker operating performance and a higher interest burden from a
coupon step-up on the company's bonds. Celanese has reduced higher
cost inventory, cut capex and took about $120 million of costs out
of its operations. These efforts and the dividend cut will support
an FCF margin of around 7% over the forecast period.
Market Leadership and Competitive Strengths: Celanese's ratings
benefit from its leading market positions in acetyls and engineered
materials. Celanese is a global leader in acetyl intermediates
including acetic acid, vinyl acetate monomer (VAM), acetic
anhydride and acetate tow. The company holds the No. 1 market
position in acetic acid and VAM and the No. 2 market positions in
vinyl acetate ethylene emulsions (VAE) and redispersible powders.
Operational advantages include cost-efficient acetic acid
production, backward integration into low-cost methanol, geographic
and end-market diversity, and downstream integration.
Strong Position in Acetyls Chain: Celanese's competitive cost
structure position in the acetyls chain supports its ratings. The
company's backward integration into methanol and carbon monoxide
reduces exposure to raw material price fluctuation. This advantage
is further reinforced by long-term contracts for externally sourced
materials and the recent launch of the Clear Lake acetic acid
facility, strengthening Celanese's cost competitiveness.
Peer Analysis
Celanese's scale is similar to peer Westlake Corporation
(BBB/Stable) and larger than Huntsman Corp. (BBB-/Stable), though
the company remains much smaller than Dow Inc. (BBB/Stable) and
LyondellBasell Industries N.V. (BBB/Stable), which benefit from
large scale and diversification. Celanese's EBITDA margin is
slightly higher than Westlake's. Westlake's position as the leader
in chlorovinyls compares to Celanese's position in acetyl chain,
but greater cyclical exposure to construction and ethylene pricing
makes Westlake's margins more volatile.
Celanese's EBITDA margin is higher than those of Dow,
LyondellBasell and Huntsman, largely reflecting differences in
their portfolios, the more basic nature of Dow's and Lyondell's
products, and Huntsman's exposure to methylene diphenyl
diisocyanate products, a commodity intermediate used in
polyurethane production.
Celanese is an outlier from a leverage perspective, as its 2022
acquisition of Dupont's mobility and materials segment left the
company carrying a large amount of debt. Fitch expects that EBITDA
leverage will remain above peers through 2027, as the company
reduces debt. Additionally, Celanese's stated leverage target is
higher than its peers. Despite the higher leverage and associated
greater interest burden, the company has some of the strongest FCF
margins in the peer set, reflecting its EBITDA margins and a lower
capital intensity of its asset base.
Fitch’s Key Rating-Case Assumptions
- Weak end markets and additional supply continue to weigh on the
broader industry, leading to a mid-single-digit revenue decline for
Celanese in 2025. Revenue recovers modestly in 2026 and then in the
low single digits thereafter;
- A competitive pricing environment limits significant margin
improvement, with EBITDA margins approaching 22% by 2029;
- Capex remains constrained at maintenance levels in 2025 and 2026,
returning to 4%-5% of sales thereafter;
- Celanese successfully closes on targeted asset sales in 2026;
- Dividends maintained at $15 million/year, and Celanese foregoes
share buybacks over the projection period.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage durably above 4x with no credible path to
deleveraging;
- Deviation or delay from the stated guidance to pay down debt;
- Inability to maintain FCF margin at or above 3%.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA leverage sustained below 3x;
- Decrease in absolute debt below $10 billion;
- The Outlook could be revised to Stable with faster recovery in
market conditions, leading to increased confidence in
deleveraging.
Liquidity and Debt Structure
Celanese exhibits solid liquidity. At Sept. 30, 2025, it had over
$1.4 billion of cash on hand and full access to its $1.75 billion
unsecured revolving credit facility, plus an additional $50 million
available under its China revolving credit facility and access to a
receivables securitization facility and two receivables factoring
programs. Celanese renewed its credit facility through August 2030
and amended its leverage covenant in 1Q25 and 2Q25, providing
additional headroom as the company continues to execute its
deleveraging plan.
Celanese proactively addressed much of its near-term maturities
earlier in 2025, when the company issued $2.6 billion in five- to
seven-year unsecured debt to fund tender offers of its 2026 and
2027 notes, repay its 2025 note maturities, and repay other
indebtedness. The company continued to reduce debt, prepaying the
$200 million balance on its delayed draw term loan due 2026 during
2Q25, and prepaying $150 million of its term loan due 2027 during
3Q25, and another$200 million during 4Q25.
Fitch expects Celanese to address its nearly $1 billion of debt
maturing in 2026 with a combination of FCF and proceeds from the
sale of its Micromax portfolio of products.
Issuer Profile
Celanese is a global chemical and special materials company that
produces engineered polymers used in numerous applications. It is
one of the world's largest producers of acetyl products, which are
intermediate chemicals with applications used across nearly all
major industries.
Date of Relevant Committee
28 August 2025
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
data file which aggregates key data points used in its credit
analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
Celanese US
Holdings LLC
senior unsecured LT BB+ New Rating RR4
CLOUD SOFTWARE: Moody's Ups CFR to 'B2', Outlook Stable
-------------------------------------------------------
Moody's Ratings upgraded Cloud Software Group, Inc.'s (CSG)
ratings, including the corporate family rating to B2 from B3 and
probability of default rating to B2-PD from B3-PD. Concurrently,
Moody's upgraded the ratings on CSG's senior secured first-lien
bank credit facilities and senior secured first-lien notes to B1
from B2, and the ratings on the senior secured second-lien notes to
Caa1 from Caa2. The outlook remains stable.
The upgrade reflects Moody's expectations for improved free cash
flow generation relative to total adjusted debt in the
mid-single-digit percentage range over the next 12 to 18 months.
Moody's expects CSG to maintain very good liquidity and
Moody's-adjusted leverage to be sustained below 6x through Moody's
outlook period, excluding potential future M&A. Excluding the
impact of the ShareFile divestiture, CSG has experienced healthy
growth in its annualized recurring revenue (ARR) base, which stood
at about $4.3 billion as of Q3 2025. CSG has also experienced
material improvements in its EBITDA margins (Moody's adjusted) over
the past two years from about 50% to over 65%, driven by the
realization of substantial cost savings and sizable maintenance
conversions. The company's Moody's-adjusted leverage was mid-5x for
the last twelve months (LTM) period ended August 31, 2025.
RATINGS RATIONALE
The B2 CFR reflects CSG's relatively high leverage of mid-5x as of
Q3 2025 and the risks associated with continued aggressive
financial policies. Moody's expects debt to EBITDA to increase
toward 6x by fiscal year-end 2026, driven by revenue pressure from
the normalization of subscription conversions, reduced upfront
revenue recognition under ASC 606, and the impact of the ShareFile
divestiture. Despite CSG's large scale and established market
position, Moody's views more conservative leverage as necessary
given its mature portfolio and slower growth prospects relative to
similarly rated software peers, as well as competitive pressure
from large players.
CSG considers M&A a core part of its growth strategy. The company
announced the acquisition of Arctera, a global data management
company, in August 2025 for $1.1 billion. The acquisition closed in
December 2025, and CSG funded the transaction partially using cash
on its balance sheet. The Arctera acquisition will be outside the
Cloud Software Group Holdings, Inc. restricted group, which
increases complexity into the organizational structure, and raises
the risk that dividends from CSG could help fund future M&A or
provide liquidity to support business needs outside the restricted
group. The company continues to evaluate acquisitions as its
preferred capital allocation priority, which will likely be
debt-financed and reduce its ability to maintain low leverage
levels on a sustained basis. However, CSG has de-levered materially
since its acquisition of Citrix in 2022, when leverage had
increased to about 9x.
At the same time, Moody's expects CSG's ARR to grow at low to
mid-single digit percentage range over the next 12 to 18 months,
which should support revenue growth over the medium term.
Additionally, CSG continues to benefit from improvement in its
gross retention rates, which stand at 90% as of Q3 2025. Moody's
expects the distributor agreement signed in Q2 2025 to further
support gross retention going forward by stabilizing smaller and
international customer segments under long-term, fixed contractual
arrangements.
CSG has achieved sizable cost savings over the past year,
benefiting already solid margins. Moody's expects the company to
achieve EBITDA margins exceeding 65% (Moody's adjusted) as a
result. CSG's strong EBITDA margins and low capital expenditures
drives cash generation that is needed to fund its high debt service
costs. Moody's expects CSG will generate free cash flow in excess
of $800 million in fiscal year 2025 and in excess of $900 million
in fiscal year 2026 as the company faces lower cash restructuring
costs and lower cash taxes as a result of One Big Beautiful Bill
Act.
CSG's liquidity is very good, supported by $2.7 billion in
unrestricted cash at August 31, 2025 and Moody's expectations of
free cash flow to debt in the mid-single digit percentage range
over the next 12 to 18 months. CSG also maintains access to the
roughly $1 billion total of revolving credit facilities terminating
in September 2029, which are undrawn. Term loan borrowings are not
subject to any financial maintenance covenant and revolver
borrowings require compliance with a maximum first lien leverage
ratio test of 9.45x, if utilization of revolver exceeds 40% of the
total commitment amount. CSG has ample operating cushion under the
covenant.
The stable outlook incorporates Moody's expectations that CSG will
maintain very good liquidity, and its ARR will grow in the low to
mid-single digit percentage range. Absent further M&A, Moody's
expects free cash flow will increase to mid-single digit percentage
of total debt over the outlook period.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could upgrade CSG's ratings if the company generates strong
revenue growth; sustains free cash to total adjusted debt exceeding
10%; maintains very good liquidity; maintains conservative
financial policies; and commits to and maintains total debt to
EBITDA (Moody's adjusted) of less than 5x.
The ratings could be downgraded if execution challenges or weak
operating performance result in free cash flow to debt lower than
mid-single digit percentage for an extended period of time; growth
in annualized recurring revenue fails to materialize; liquidity
becomes weak; or total debt to EBITDA (Moody's adjusted) is
sustained over 6.5x.
The principal methodology used in these ratings was Software
published in June 2022.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Cloud Software Group, Inc. (f/k/a TIBCO Software Inc.) was formed
in September 2022 via the acquisition of Citrix Systems, Inc. CSG
is a provider of enterprise software and applications. The ultimate
parent company of CSG is majority-owned by affiliates of Vista
Equity Partners with affiliates of Elliott Investment Management
L.P. owning a sizeable minority interest.
COBRA TIRE: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------
Debtor: Cobra Tire and Auto Service, LLC
Fletchers Tire and Auto Service Inc.
4218 N. Central Ave.
Phoenix, AZ 85012
Business Description: Cobra Tire and Auto Service, LLC, a locally
owned and family-operated company with
locations in Central Phoenix and Gilbert,
Arizona, provides full-service automotive
repair and tire services for domestic and
import vehicles, including commercial fleet
and diesel trucks. The Company offers
scheduled maintenance, brake and suspension
work, wheel alignments, engine repairs, and
diagnostics, serving a broad range of
vehicle makes and models. Its staff are
ASE-certified mechanics.
Chapter 11 Petition Date: December 4, 2025
Court: United States Bankruptcy Court
District of Arizona
Case No.: 25-11703
Debtor's Counsel: Isaac D. Rothschild, Esq.
MESCH CLARK ROTHSCHILD
259 N. Meyer Ave.
Tucson AZ 85701
Tel: 520-624-8886
E-mail: irothschild@mcrazlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Gerald Fletcher as president.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/OTND56I/Cobra_Tire_and_Auto_Service_LLC__azbke-25-11703__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/TRHUCSY/Cobra_Tire_and_Auto_Service_LLC__azbke-25-11703__0001.0.pdf?mcid=tGE4TAMA
COMINAR REAL: DBRS Cuts Issuer Rating to BB
-------------------------------------------
DBRS Limited downgraded Cominar Real Estate Investment Trust's
(Cominar or the REIT) Issuer Rating and Senior Unsecured Debentures
credit rating to BB from BB (high) and changed the trends on both
credit ratings to Stable from Negative. The recovery rating on
Senior Unsecured Debentures remains unchanged at RR3.
KEY CREDIT RATING CONSIDERATIONS
The downgrade reflects the sustained weakness in Cominar's
Financial Risk Assessment (FRA) metrics resulting in performance
that fails to meet Morningstar DBRS' previously cited negative
action credit rating drivers as per the press release dated
November 28, 2024, specifically the failure to keep leverage as
measured by Total Debt-to-EBITDA of less than 9.3 times (x) or
coverage as measured by EBITDA -to-interest of more than 1.67x on a
sustained basis. These metrics are primarily affected by reduced
Net Operating Income, largely following Cominar's noncore asset
sales and increased financing costs during the year. Morningstar
DBRS now foresees a further slight deterioration in the FRAs
compared with earlier expectations, with leverage projected to
decline to the low 11.0x range from the high 10x range, and
coverage anticipated to decrease to the low-to-mid 1.6x range from
the low 1.7x range in the near-to-medium term.
The revision for Stable trends reflects the expectation that
Cominar will stabilize its performance after 2026 by optimizing
strategic assets, reducing general and administrative (G&A)
expenses, and adopting a disciplined capital management approach.
Additionally, Morningstar DBRS has made a modest downward revision
to Cominar's Asset Quality to BBB (low) from BBB. This downward
revision considers various factors, including the REIT's limited
visibility regarding long-term, high-quality replacement tenancies;
the substantial capital expenditures necessary to sustain and
enhance assets to align with market demand; and a relatively small
portfolio that may be susceptible to localized economic downturns.
At the same time, Morningstar DBRS has made a modest upward
revision to the Diversification score, raising it to BB from BB
(low), owing to a less pronounced decline in tenant diversification
than previously anticipated. However, taken together, Cominar's
Comprehensive Business Risk Assessment score remains unchanged as a
result of these adjustments.
CREDIT RATING DRIVERS
Morningstar DBRS would consider a negative credit rating action
should Cominar's (1) total debt-to-EBITDA ratio increase to higher
than 12x or (2) EBITDA-interest coverage declines to less than
1.50x on a sustained basis, all else equal or; (3) lack of
visibility on replacement of Canadian National Railway Company
(rated "A" with a Stable trend) and other key lease maturities.
Given the deterioration in FRAs, Morningstar DBRS views positive
credit rating action as highly unlikely in the near to medium
term.
FINANCIAL OUTLOOK
Morningstar DBRS expects modest weakening in leverage to the low
11x range in the near-to-medium term as stated above, driven by
expected softening of EBITDA in 2026 attributed primarily to the
annualized impact of asset dispositions in 2025, a further increase
in G&A costs because of one-time IT infrastructure expenses and
expectations of elevated leverage going forward owing to the
Company's planned capital expenditures, and ongoing/future
development initiatives. Similarly, the coverage is slated to
modestly worsen to low-to-mid 1.6x in the near-to-medium term.
CREDIT RATING RATIONALE
The credit ratings are supported by Cominar's average-quality
assets with a few notable properties and long-dated lease maturity
profile with high-quality tenants. The credit ratings are
constrained by Cominar's elevated leverage and weak coverage, weak
geographic, and property diversification, and below-average
portfolio size with limited market position.
Notes: All figures are in Canadian dollars unless otherwise noted.
COMMUNITY HEALTH: Labcorp Acquires CHS Outreach Business for $194MM
-------------------------------------------------------------------
Community Health Systems, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that on December
1, 2025, CHS/Community Health Systems, Inc., a wholly-owned
subsidiary of the Company, completed the transactions contemplated
by that certain asset purchase agreement dated as of July 22, 2025,
as amended, with Laboratory Corporation of America Holdings, the
entry into which Purchase Agreement was previously disclosed on a
Current Report on Form 8-K filed by the Company on July 22, 2025.
Pursuant to the Purchase Agreement, at such closing, Purchaser
acquired from certain subsidiaries of CHS the select assets and
assumed certain leases of CHS's ambulatory outreach business across
13 states, including certain patient service centers and in-office
phlebotomy locations.
The purchase price paid to the Company was approximately $194
million cash, before certain transaction expenses.
This transaction is expected to provide patients and providers with
broader access to Labcorp's comprehensive testing and laboratory
services, including its specialty testing menu, robust data
analytics and digital tools. The CHS-affiliated health systems will
continue to operate their inpatient and emergency department
laboratories and provide laboratory services for hospital-based
services, such as imaging and pre-admission testing.
"Completing this transaction with Labcorp allows our health systems
to focus on core services and improve the overall patient
experience, aligning with our unwavering commitment to providing
high-quality, accessible healthcare to our communities," said Kevin
Hammons, President and Interim Chief Executive Officer of Community
Health Systems, Inc. "Labcorp's scale and investment in technology
supports its ability to efficiently deliver outreach laboratory
services to patients and healthcare consumers."
"With the completion of this transaction, Labcorp is expanding
access to high-quality, innovative laboratory services for
CHS-affiliated health systems' patients and providers and advancing
our shared commitment to improving health and lives in the
communities we serve," added Mark Schroeder, President of Labcorp
Diagnostics and Chief Operations Officer.
This transaction follows other strategic relationships that Labcorp
has developed with a range of health systems and regional/local
laboratories that have increased access to laboratory services,
improved patient care and driven efficiencies for customers.
A full-text copy Purchase Agreement is available at
https://tinyurl.com/bdzhyabc. Accordingly, the pro forma
information required is available at https://tinyurl.com/3csetf44
Labcorp (NYSE: LH) is a global leader of innovative and
comprehensive laboratory services that helps doctors, hospitals,
pharmaceutical companies, researchers and patients make clear and
confident
About Community Health Systems Inc.
Community Health Systems, Inc. -- http://www.chs.net/-- is a
publicly traded hospital company and an operator of general acute
care hospitals in communities across the country. Its affiliates
provide healthcare services, developing and operating healthcare
delivery systems in 40 distinct markets across 15 states.
As of June 30, 2025, the Company had $13.64 billion in total
assets, $14.73 billion in total liabilities, and $1.41 billion in
total stockholders' deficit.
* * *
Egan-Jones Ratings Company on January 23, 2025, maintained its
'CCC+' foreign currency and local currency senior unsecured ratings
on debt issued by Community Health Systems, Inc.
COURTNEY CYPLIK: Wins Bid to Convert Bankruptcy Case to Chapter 11
------------------------------------------------------------------
Judge Jeffrey P. Norman of the United States Bankruptcy Court for
the Southern District of Texas granted Courtney Marie Cyplik's
renewed motion to convert its Chapter 13 bankruptcy case to Chapter
11 pursuant to 11 U.S.C. 1307(d).
Any prior order directing an employer or other person to pay funds
to the Chapter 13 trustee is terminated. Any prior order
authorizing an ACH or other means of electronic payment is
terminated.
A copy of the Court's Order dated November 24, 2025, is available
at https://urlcurt.com/u?l=Qx6EkQ from PacerMonitor.com.
COVIA HOLDINGS: Moody's Affirms B1 CFR & Alters Outlook to Negative
-------------------------------------------------------------------
Moody's Ratings affirmed Covia Holdings LLC's (Covia) B1 corporate
family rating and B1-PD probability of default rating. Moody's also
affirmed the company's bank credit facility at B1, consisting of a
$200 million senior secured first lien revolving credit facility
(RCF) due 2030 and a senior secured first lien term loan B due
2032. At the same time, Moody's changed the outlook to negative
from stable.
Covia's proposed $250 million add-on to the company's first lien
term loan B due 2032, which will increase the size to around $1.1
billion, will be used to pay a dividend to its owners.
The change in the outlook to negative is prompted by the sizeable
debt-financed dividend, which represents multiple years of free
cash flow (FCF), at a time of near-term economic volatility,
ongoing demand uncertainties and weak consumer confidence. Moody's
now project EBITDA margin of around 25% over the next 18 months
versus Moody's previous forecast of 27%. Reduced earnings coupled
with the proposed debt-financed dividend results in expected
debt/EBITDA worsening to around 5x at year-end 2026 versus Moody's
prior projection of 3.6x. Covia will have returned about $285
million to its owners since the spun off of its energy business on
July 01, 2024. There is very little financial flexibility in
current metrics for further returns of capital to Covia's owners or
a deterioration in operating performance.
RATINGS RATIONALE
Covia's B1 CFR reflects the company's leading position in a niche
industry as an industrial minerals producer in North America and
strong profit margins despite an expected contraction. Covia can
adjust production mix and origin-destination pairings to better
meet demand from industrial customers in diversified end markets.
Favorable long-term fundamentals for economic growth in the US
should benefit end markets served by Covia.
Covia's credit profile is constrained by its high leverage absent a
material strengthening of current industry conditions and expected
EBIT/interest expense below 2x over the next 18 months. Further,
Covia's exposure to industrial end markets creates higher
cyclicality of demand than for other traditional building materials
companies. Significant improvement in operating performance is
critical for leverage reduction.
Good liquidity is a key credit strength for Covia over the next 18
months. Moody's forecasts slightly positive FCF (prior to
dividends) in 2025 and around $35 million in 2026 despite cash
interest payments approaching $80 million per year. Covia has
access to a $200 million RCF due February 2030. As of September 30,
2025, revolver availability totaled $190 million, after considering
no borrowings and some letter of credit issuances. Covia faces no
significant debt maturities in the next four years.
The B1 rating on the senior secured bank credit facility, at the
same level as the B1 CFR, results from its status as the largest
portion of debt in Covia's capital structure. The revolving credit
facility and term loan are pari passu to each other. Both have a
first lien on all of the company's domestic assets.
Governance considerations are relevant to the rating action,
including risks from an aggressive financial policy regarding
debt-financed distributions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could stabilize the outlook if end markets improve, become
more supportive of organic revenue growth and improvements in
operating performance and credit metrics.
A ratings upgrade is unlikely over the next 12-18 months given
Covia's levered capital structure. However, upwards rating movement
over the long term could occur if end markets remain supportive of
long-term organic growth such that debt/EBITDA stays below 4x.
Preservation of good liquidity with robust free cash flow and
predictable financial policies regarding capital deployment would
also support an upgrade.
A ratings downgrade could occur if leverage remains above 5x
debt/EBITDA. Negative ratings pressure can also develop if the
company experiences deteriorating liquidity or adopts increasingly
aggressive acquisitions or shareholder return initiatives.
Covia, headquartered in Independence, Ohio, is a leading provider
of specialty sands and minerals serving industrial end markets).
Covia spun off its energy business on July 01, 2024. Golden Gate
Capital (45.7% ownership) and Anchorage Capital Advisors (40.9%),
through their respective affiliates together own around 85% of
Covia. Covia's revenue for the 12 months ending September 30, 2025
was $920 million.
The principal methodology used in these ratings was Building
Materials published in September 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
CREATIVE STARS: Gets Final OK to Use Cash Collateral
----------------------------------------------------
Creative Stars Academy, LLC received final approval from the U.S.
Bankruptcy Court for the District of Minnesota to use cash
collateral.
The Court authorized the Debtor to use cash collateral through
January 4, 2026, to fund operations in accordance with its
supplemental budget.
As adequate protection for any creditors with liens or interests in
the cash collateral, the Court granted replacement liens under 11
U.S.C. Section 361(2) on the Debtor's post-petition property,
matching the validity and priority of any prepetition liens.
These replacement liens do not attach to Chapter 5 avoidance
actions or their proceeds.
The final order is available at https://is.gd/9omJgU from
PacerMonitor.com.
About Creative Stars Academy LLC
Creative Stars Academy, LLC sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Minn. Case No. 25-33151) on
October 3, 2025. In the petition signed by Jillaine Mertens, owner,
the Debtor disclosed up to $50,000 in assets and up to $1million in
liabilities.
Judge Mychal A. Bruggeman oversees the case.
Jeffrey Butwinick, Esq., at Butwinick Law Office, represents the
Debtor as legal counsel.
CRESCENT ENERGY: Moody's Rates New Senior Unsecured Notes 'B1'
--------------------------------------------------------------
Moody's Ratings assigned B1 ratings to Crescent Energy Finance
LLC's (Crescent) proposed senior unsecured notes due 2029 and 2030,
which will be issued in exchange for Vital Energy, Inc.'s (Vital,
B1 CFR on review for upgrade) notes with the same maturities.
Crescent's existing ratings, including its Ba3 Corporate Family
Rating and B1 senior unsecured notes ratings, and stable outlook
remain unchanged.
Crescent is offering to exchange equivalent amounts of its own
notes with the same maturities and coupons as Vital's $298 million
senior notes due 2029 and $302 million senior notes due 2030.
RATINGS RATIONALE
Crescent's senior unsecured notes are rated B1, one notch below the
CFR, due to effective subordination to the secured revolver.
Moody's expects Vital's senior notes due 2032 (B2 on review for
upgrade), which are not part of the exchange offer, will be rated
at the same level as Crescent's notes at the close of the
acquisition and exchange transactions as they are anticipated to
share the same guarantors, and therefore will be pari passu.
In August 2025, Crescent announced the acquisition of Vital in a
transaction valued at $3.1 billion. The transaction increases
Crescent's debt levels and financial leverage, because of the
significant amount of debt assumed despite the stock-for-stock
transaction. As of September 30, 2025, Vital had $2.3 billion in
debt. The stable outlook is based on Moody's expectations that
Crescent will successfully execute its $1 billion in planned
non-core asset divestitures (it has executed agreements for over
$800 million through November 3) while also reducing activities on
Vital's acreage which will support debt reduction and improved
leverage. When Crescent announced this acquisition, it increased
its planned asset sales from $250 million to further enable
deleveraging.
Crescent's Ba3 CFR is supported by its large scale, with the
acquisition of Vital diversifying its basin operations, providing
more investment optionality and creating synergies. Crescent has
meaningfully expanded its size by applying its growth via
acquisition strategy. The Vital transaction follows several
acquisitions over the past few years that have expanded its
operating footprint in the Eagle Ford Basin. Vital has relatively
high breakeven costs so enhancing its capital efficiency could add
support to Crescent's ratings. Across the combined business, hedges
will enhance cash flow visibility and mitigate commodity price
volatility, helping the company generate free cash flow for debt
reduction to reduce its net leverage (net Debt/EBITDA), along with
asset sales, back towards its long-term target of 1.0x. The company
is willing to bring leverage back to a maximum of 1.5x to support
acquisitions.
Crescent's SGL-1 rating indicates very good liquidity. However,
should Crescent use its revolver to repay Vital's revolver
borrowings ($705 million as of September 30, 2025), repaying these
borrowings will be important to free up availability. Crescent
plans to use the more than $700 million of proceeds from
divestitures signed in the third quarter to repay the majority of
these borrowings, significantly freeing up availability. As of
September 30, 2025, Crescent reported $72 drawn on its revolver.
The facility has $2.0 billion in elected commitments and as of
September 30 there was $1.9 billion in available borrowing
capacity. Upon closing the acquisition of Vital, the borrowing base
will increase from $2.6 billion to $3.9 billion. The revolver
matures in October 2030, but this springs 91 days prior to the
maturity of any series of senior notes with more than $100 million
outstanding at the time. The revolver financial covenants include a
maximum leverage ratio of 3.5x and a minimum current ratio of 1.0x.
Moody's expects Crescent to remain in compliance with these
covenants.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade include consistent positive
free cash; meaningful debt reduction after the acquisition closes
and sustained low leverage; maintenance of strong liquidity and
conservative financial policies; retained cash flow (RCF) to debt
above 50%; and a leveraged full cycle ratio (LFCR) above 2.0x.
Factors that could lead to a downgrade include debt and leverage
not reduced as expected; a meaningful decline in production;
RCF/debt below 35%; an LFCR approaching 1.0x; or weakening
liquidity.
Crescent, headquartered in Houston, Texas, is a subsidiary of
publicly traded Crescent Energy Company, an independent exploration
and production company. Crescent primarily operates in the Eagle
Ford Basin in Texas and the Uinta Basin in the Rockies. The
acquisition of Vital will add assets in the Permian Basin. KKR &
Co. Inc., through an indirect subsidiary, holds an ownership
interest and provides management services.
The principal methodology used in these ratings was Independent
Exploration and Production published in December 2022.
CROWN CAPITAL: Court Dismisses Certain Chapter 11 Cases
-------------------------------------------------------
The Honorable Michael B. Kaplan of the United States Bankruptcy
Court for the District of New Jersey granted the motion of Crown
Capital Holdings LLC and its affiliates for an order dismissing the
chapter 11 cases of the following remaining debtors:
1. Alta Sita Apts LLC (Case No. 25-20491)
2. Ashland Manor Apts MM LLC (Case No. 25-20492)
3. Campus Heights Apts LLC (Case No. 25-20495)
4. Campus Heights Apts MM LLC (Case No. 25-20496)
5. Campus Heights Apts Owner LLC (Case No. 25-20497)
6. Green Meadow Apts LLC (Case No. 25-20513)
7. Homewood House Apts Investor LLC (Case No. 25-20488)
8. Homewood House Apts Investor MM LLC (Case No. 25-20489)
9. Homewood House Apts LLC (Case No. 25-20487)
10. Lucas Urban Holdings LLC (Case No. 25-20514)
11. Sycamore Meadows Apartments, LTD (Case No. 25-20524)
12. Sycamore Meadows Apts Partner LLC (Case No. 25-20525
Pursuant to section 1112(b)(4)(A) of the Bankruptcy Code and
Bankruptcy Rule 1017(a) and 9006, the remaining cases are dismissed
for cause, effective as of November 25, 2025.
The remaining debtors are authorized and directed to transfer
copies to the Creditor Recovery Trust copies of any and all of the
books and records maintained by the remaining debtors, including,
but not limited to:
(i) accounting documents,
(ii) bank documents,
(iii) corporate governance documents,
(iv) documents related to contracts, leases and other contractual
arrangements of the remaining Ddbtors,
(v) insurance documents,
(vi) human resources and other related employment documents,
(vii) documents related to these chapter 11 cases, and
(viii) any and all electronic documents maintained by the remaining
debtors.
All property of the estates of the remaining debtors will revest in
the respective entities as they existed prior to the petition date
pursuant to section 349 of the Bankruptcy Code.
The bar date order is vacated, and no creditor of the remaining
debtors will be required to file a proof of claim in connection
with the remaining cases.
A copy of the Court's Order dated November 24, 2025, is available
at https://urlcurt.com/u?l=WdMMt5 from PacerMonitor.com.
About CBRM Realty
CBRM Realty Inc. is a Somerset, New Jersey-based real estate
investment firm.
CBRM Realty Inc. and 43 affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D.N.J. Lead Case No. 25-15343)
on May 19, 2025. In its petition, the Debtor reports estimated
assets and liabilities (on a consolidated basis) between $100
million to $500 million each.
The Hon. Bankruptcy Judge Michael B. Kaplan handles the case.
The Debtors tapped White & Case LLP and Ken Rosen Advisors PC as
counsel, Islanddundon LLC as financial advisor, and Kurtzman Carson
Consultants, LLC, doing business as Verita Global, as claims,
noticing, and solicitation agent.
DATAVAULT AI: Closes $150 Million BTC Deal with Scilex Holding
--------------------------------------------------------------
Datavault AI Inc., disclosed in a recent regulatory filing that on
November 25, 2025, pursuant to its Securities Purchase Agreement
with Scilex Holding Company, and following the approval of the
Company's stockholders at the Annual Meeting with respect to the
issuance of Pre-Funded Warrant Shares, the Company received payment
of the purchase price for the Pre-Funded Warrant in Bitcoin, and
issued the Pre-Funded Warrant to the Purchaser.
As previously disclosed, on September 25, 2025, Datavault entered
into a Securities Purchase Agreement with Scilex, a Delaware
corporation, pursuant to which the Purchaser agreed to purchase
from the Company in a registered offering:
(a) 15,000,000 shares of common stock of the Company, par
value $0.0001 per share, and
(b) a pre-funded warrant to purchase 263,914,094 shares of
Common Stock, for an aggregate purchase price of $150,000,000 in
the native currency of the Bitcoin blockchain, which was valued at
the spot exchange rate for BTC as published by Coinbase.com at 8:00
p.m. (New York City time) on the trading day immediately prior to
the Initial Closing Date, or September 25, 2025.
The closing with respect to the Shares took place on September 26,
2025.
Upon issuance of the Pre-Funded Warrant, the Purchaser immediately
exercised the Pre-Funded Warrant for all the Pre-Funded Warrant
Shares.
The Pre-Funded Warrant and the Pre-Funded Warrant Shares were
offered and sold by the Company pursuant to a registration
statement on Form S-3 (File No. 333-288538), which was initially
filed with the Securities and Exchange Commission on July 7, 2025,
and was declared effective by the SEC on July 9, 2025.
Scilex may be reached through:
Henry Ji, Ph.D.
Chief Executive Officer
Scilex Holding Company
960 San Antonio Road
Palo Alto, Calif. 94303
Email Address: hji@scilexholding.com
Full-text copies of the Purchase Agreement and the Pre-Funded
Warrant are available at https://tinyurl.com/4a2436w2 and
https://tinyurl.com/mrytdd23, respectively.
About Datavault AI
Datavault AI Inc., headquartered in Beaverton, Ore., develops and
licenses patented platforms for AI-driven data management,
valuation, and monetization. The Company offers cloud-based Web
3.0 solutions incorporating high-performance computing, generative
AI agents, and secure data utilities. Datavault AI operates in the
data technology and software licensing industry, providing tools
for enterprise-grade data solutions focused on privacy and
cybersecurity.
BPM LLP's audit report dated March 31, 2025, included a "going
concern" qualification, noting that the Company's ongoing
operational losses, net capital deficiency, and cash flow situation
cast significant doubt on its ability to continue operating.
Management of the Company intends to raise additional funds through
the issuance of equity securities or debt. There can be no
assurance that, in the event the Company requires additional
financing, such financing will be available at terms acceptable to
the Company, if at all. Failure to generate sufficient cash flows
from operations, raise additional capital and reduce discretionary
spending could have a material adverse effect on the Company's
ability to achieve its intended business objectives.
As of June 30, 2025, the Company had $120.69 million in total
assets, $46.62 million in total liabilities, and $74.07 million in
total stockholders' equity. Cash and cash equivalents as of June
30, 2025 were $0.7 million compared to $3.3 million, as of Dec. 31,
2024.
The Company recorded a net loss of $37.1 million and $46.7 million
for the three and six months ended June 30, 2025 and used net cash
in operating activities of $12.8 million for the six months ended
June 30, 2025 vs $9.0 million for the six months ended June 30,
2024. Excluding non-cash adjustments, the primary reasons for the
increase in the use of net cash from operating activities during
the six months ended June 30, 2025, was related to an increase in
the net loss.
DORADO PUTT: Unsecured Creditors Will Get 100% of Claims in Plan
----------------------------------------------------------------
Dorado Putt PR LLC filed with the U.S. Bankruptcy Court for the
District of Puerto Rico a Disclosure Statement describing Plan of
Reorganization dated December 2, 2025.
The Debtor was incorporated on August 19, 2022 as a limited
liability corporation pursuant to the laws of the Commonwealth of
Puerto Rico. Its sole purpose was to invest in other companies with
high growth potential.
As part of its investment strategy, Debtor decided to invest in
Promethean Fund IV, LP ("Promethean" or the "Fund"), which is a
private equity fund formed in 2022 and managed by Promethean
Investments, located in Edinburgh, United Kingdom. In accordance
with the Private Placement Memorandum submitted to Debtor,
Promethean was formed to invest in the "consumer, leisure,
entertainment, and hospitality sectors in the United States and the
United Kingdom."
Promethean made a capital call to all the limited partners who
participated in the Backstop, which Debtor understands is
unwarranted and artificially created by BlackRock and Promethean.
After Debtor and other limited partners refuse to pay the capital
call, Promethean filed an arbitration proceeding to collect the
capital calls. Even though Debtor made various good faith
settlement offers to Promethean to pay the capital call over time
to avoid litigation, Promethean rejected Debtor's offers, which
prompted the bankruptcy filing.
The Debtor's Plan contemplates the collection of capital, either
directly or through payments on the Capital Contribution Note, from
the Debtor's majority member to pay 100% of all claims. With such
funds, Debtor will pay 100% of all Allowed Administrative Expense
Claims, 100% of all Allowed Priority Tax Claims, 100% of the
rejection damages claims of all rejected executory contracts; and
100% of all Allowed General Unsecured Claims.
Class 1 consists of the Allowed General Unsecured Claims. Holders
of General Unsecured Claims will be paid in full satisfaction of
their claims, 100% of their allowed claims, together with interest
at 5.5% per annum, or at such other rate as is determined to be a
market rate by the Bankruptcy Court, from the petition date to the
payment date, funded from the capital contributions to be made by
Debtor's majority Member, in a period not exceeding twelve months,
with payments to commence after payment in full of the Class 2
Claims if necessary.
Class 1 is impaired under the Plan, and the holders of such claims
will be entitled to vote to accept or reject the Plan. The allowed
unsecured claims total $266,279.76.
Class 2 consists of the Allowed Rejection Damages Claim of
Promethean. Promethean as a holder of a rejection damages claim
estimated in the amount of $250,000 (comprised basically of legal
fees) will receive 100% of its allowed claim, together with
interest at 5.5% per annum, or at such other rate as is determined
to be a market rate by the Bankruptcy Court, funded from capital
contributions to be made by Debtor's majority Member.
The holders of Membership Units will not receive any distribution
under the Plan but will retain their interest in Debtor unaltered.
The Debtor's proposed payments to ALL classes in the Plan will be
funded from the capital contributions to be made by Debtor's single
largest member, and cash available in Debtor's DIP accounts.
A full-text copy of the Disclosure Statement dated December 2, 2025
is available at https://urlcurt.com/u?l=JRrUJ9 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Alexis Fuentes-Hernandez, Esq.
FUENTES LAW OFFICES, LLC
San Juan, PR 00902-2726
Tel. (787) 722-5215, 5216
Fax. (787) 483-6048
E-Mail: fuenteslaw@icloud.com
About Dorado Putt PR LLC
Dorado Putt PR LLC operates as an investment company engaged in
financial and investment activities, based in San Juan, Puerto
Rico, serving the local financial services industry.
Dorado Putt PR LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.P.R. Case No. 25-04894) on October 29,
2025. In its petition, the Debtor reports total assets of
$39,696,936 and total liabilities of $22,389,444.
The Debtor is represented by Alexis Fuentes Hernandez, Esq. of
Fuentes Law Offices, LLC.
DP LOUISIANA: Court Extends Cash Collateral Access to Dec. 16
-------------------------------------------------------------
DP Louisiana, LLC received fifth interim approval from the U.S.
Bankruptcy Court for the Eastern District of Louisiana to use cash
collateral to fund its operations.
The fifth interim order authorized the Debtor to use cash
collateral for the period from November 10 to December 16.
The Debtor intends to use cash received from the sale of
hydrocarbons in which a secured creditor may assert security
interests pursuant to the Louisiana Oilwell Lien Act (LOWLA). It
has identified 26 creditors, which may possess lien rights against
the oil and gas leases and equipment it owns.
As adequate protection, the LOWLA lienholders will be granted
perfected replacement liens on collateral as to which they had a
first priority lien as of the petition date, subject to the
carveout for certain fees; and junior perfected liens on the
collateral that is subject to a validly perfected lien with
priority over the LOWLA lienholders' liens as of the petition
date.
In case the replacement liens prove to be inadequate to protect the
LOWLA lienholders, an allowed superpriority administrative expense
claim will be granted to such lienholders, subject to the
carveout.
The next hearing is scheduled for December 16.
A copy of the fourth interim order and the Debtor's budget is
available at https://shorturl.at/vig0X from PacerMonitor.com.
About DP Louisiana LLC
DP Louisiana LLC is engaged in oil and gas extraction operations.
It is based in Louisiana and uses EAG Services in Houston, Texas,
for administrative support.
DP Louisiana sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. La. Case No. 25-11366) on June
30, 2025. In its petition, the Debtor reported between $1 million
and $10 million in assets and liabilities.
Judge Meredith S. Grabill handles the case.
The Debtor is represented by Douglas S. Draper, Esq., at Heller,
Draper & Horn, L.L.C.
DXP ENTERPRISES: $205MM Loan Add-on No Impact on Moody's 'B1' CFR
-----------------------------------------------------------------
Moody's Ratings commented that DXP Enterprises, Inc.'s (DXP)
ratings and stable outlook are not affected by the company's
proposed $205 million add-on to the company's senior secured term
loan due 2030. The company's current ratings include a B1 Corporate
Family Rating and a B2 rating on its senior secured debt. DXP's
senior secured term loan is rated B2, one notch below the CFR,
reflecting the lower priority of its claim relative to the
borrowings under the ABL revolving credit facility (unrated).
The $205 million add-on will be fungible with the existing Term
Loan, for a pro forma total amount of $848 million, with proceeds
used to pre-fund bolt-on acquisitions and to term out borrowings
under company's bank revolver facility. The transaction will
increase gross leverage by 0.8x to around 3.7x, before accounting
for incremental EBITDA. Proforma for the add on, the cash balance
is expected to reach around $137 million and company's $185 million
ABL will be 83% available. The anticipated small acquisitions are
in line with the company's growth strategy and will continue
diversifying its revenues from the oil and gas industry.
DXP's B1 CFR reflects its small scale compared to peers, exposure
to cyclical end markets and moderate leverage. The company expects
to continue increasing revenues by around 20% annually through
organic growth and bolt-on acquisitions. The company's management
has a positive track record achieving its growth objectives while
maintaining leverage below 3.75x. Moody's expects DXP's free cash
flow will remain positive through 2026 supported by low capital
expenditure requirements (around 0.5% of sales), no common
dividends, and countercyclical working capital requirements.
An upgrade in the company's ratings is constrained by its modest
scale. However, an upgrade could be considered if the company's
EBITA exceeds $300 million, operating margin exceeds six percent on
a sustained basis, and debt to EBITDA is less than 3.0x. The
ratings could be downgraded if revenues decline meaningfully,
operating margins fall below 4%, leverage exceeds 4.5x, or the
company generates negative free cash flow
DXP Enterprises, Inc. (Nasdaq: DXPE), headquartered in Houston, TX,
is a distributor and service provider to energy industry, food and
beverage, and industrial customers. It distributes maintenance,
repair, operating (MRO) products and equipment and provides
integrated supply and other services. DXP also engages in value
added activities such as assembling skid mounted rotating equipment
packages and limited pump manufacturing.
EAZY-PZ LLC: Seeks Six-Month Extension to Use Cash Collateral
-------------------------------------------------------------
Eazy-PZ, LLC seeks another extension from the U.S. Bankruptcy Court
for the District of Colorado to use cash collateral to fund
operations.
The Debtor, a maker of children's feeding and oral-care products,
seeks a second order giving it six additional months to use cash
collateral during its Chapter 11 case.
The court entered its initial cash collateral order in July, with a
budget extending into mid-December. The Debtor now seeks authority
to continue using cash collateral through plan confirmation based
on a new six-month budget, subject to a 10% variance per line item.
The U.S. Small Business Administration, the sole secured lender
asserting a lien on cash collateral, holds a perfected blanket lien
and a claim of approximately $485,000.
To protect SBA's interests, the Debtor proposes adequate protection
measures mirroring those in the first cash collateral order:
monthly loan payments to the SBA; a replacement lien on
post-petition accounts receivable to the extent cash collateral use
decreases collateral value; maintenance of insurance; continued
reporting to the court; adherence to the budget with limited
variance; and payment of all post-petition taxes.
Eazy-PZ filed for bankruptcy in June after major disruptions,
including the closure of BuyBuy Baby stores, tariff-related cost
pressures, and a disputed $2.9 million judgment entered against it
in February 2025. Before filing, the Debtor reduced expenses
through cuts to advertising, trade show participation and travel;
renegotiated manufacturing rates; and raised prices on selected
products.
A copy of the motion is available at https://urlcurt.com/u?l=AYDpur
from PacerMonitor.com.
About Eazy-PZ LLC
Eazy-PZ, LLC designs and sells silicone mealtime products for
infants and toddlers, including plates, bowls, mats, and utensils.
It operates through online and retail channels from its base in
Parker, Colorado.
Eazy-PZ sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Col. Case No. 25-13720) on June 18, 2025. In its
petition, the Debtor reported total assets of $1,019,774 and total
liabilities of $3,881,257.
Honorable Bankruptcy Judge Thomas B. McNamara handles the case.
The Debtor is represented by Aaron J. Conrardy, Esq., at Wadsworth
Garber Warner Conrardy, P.C.
EL DORADO FARM: Section 341(a) Meeting of Creditors on January 6
----------------------------------------------------------------
On December 1, 2025,El Dorado Farm LLC filed for Chapter 11
protection in the Eastern District of California. According to
court filing, the Debtor reports between $1 million and $10 million
in debt owed to 1 and 49 creditors.
A meeting of creditors under Section 341(a) to be held on January
6, 2026 at 09:00 AM via Sacramento Conference Line: 888-330-1716
Passcode: 4191086#.
About El Dorado Farm LLC
El Dorado Farm LLC provides activities related to real estate,
including property management, real estate appraisal, and other
support services within the real estate services industry.
El Dorado Farm LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Cal. Case No.25-26763) on December
1, 2025. In its petition, the Debtor reports estimated assets and
estimated liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Fredrick E. Clement handles the
case.
The Debtor is represented by David M. Syme, Esq. of SYME LAW FIRM.
ELFAND ORGANIZATION: Stay Relief, Chapter 7 Conversion Upheld
-------------------------------------------------------------
The Honorable Michael E. Wiles of the United States Bankruptcy
Court for the Southern District of New York denied Elfand
Organization, LLC's motions for reconsiderations of orders granting
stay relief and converting case to Chapter 7.
Judge Wiles entered an Order dated September 26, 2025, in which he
directed Debtor Elfand Organization, LLC to surrender real property
located at 268 Metropolitan Avenue, Brooklyn, New York to 268
Metropolitan Avenue LLC and in which he lifted the automatic stay
to permit the landlord to take any action necessary to recover
possession of the property. Judge Wiles entered a separate Order on
September 30, 2025 in which he directed that the Debtor's chapter
11 case be converted to a case under chapter 7 of the Bankruptcy
Code. The Debtor has filed timely motions seeking reconsideration
of these orders.
The Surrender/Stay Relief Order
On December 10, 2024, the Landlord filed a petition in the Kings
County Civil Court seeking to recover possession of its property.
In August 2025, the landlord filed a motion for relief from the
automatic stay so that it could continue with an eviction
proceeding against the Debtor.
The Debtor argues in its motion for reconsideration that the
landlord violated the automatic stay and that this somehow had the
effect of either nullifying the effect of section 365(d)(4) or
extending the deadlines imposed by section 365(d)(4).
Judge Wiles noted at the September 16, 2025 hearing on the motion
that the section 365(d)(4) deadline had expired in June 2025, that
the Debtor had never filed a timely motion seeking to assume or
reject the lease for the property and had never sought an extension
of the deadline. Pursuant to the plain language of section
365(d)(4), as a result, the lease was deemed to have been rejected,
and the Debtor was obligated immediately to surrender the property
to the landlord.
The Debtor argues in its motion for reconsideration that the
deadline under section 365(d)(4) could not have begun to run while
the landlord had unlawfully evicted the Debtor because the state
court order allegedly had the temporary effect of annulling the
landlord-tenant relationship as a matter of law.
The Debtor and the Landlord agreed, and Judge Wiles so held in his
September 26, 2025 Order, that the proceedings in the Civil Court
were null and void. Judge Wiles explains, "No order entered by the
Civil Court while the automatic stay was in effect could have
'annulled' the landlord-tenant relationship, as the Debtor has
argued. The Debtor cannot acknowledge (as it has) that the Civil
Court orders were entirely null and void, while at the same time
asserting that the Civil Court proceedings somehow had actual
effects for purposes of the application of section 365(d)(4)."
The Conversion Order
On August 19, 2025, the Office of the United States Trustee filed a
motion to dismiss this case or, in the alternative, to convert it
to a case under chapter 7.
The Trustee noted that the Debtor had not made the required filings
though more than six months had passed since its filing. The
Trustee further represented that the Debtor had failed to appear at
two meetings of creditors that had been scheduled pursuant to
section 341 of the Bankruptcy Code and that the Debtor had a
statutory obligation to attend. In addition, it noted that the
Debtor had not filed any of the Monthly Operating Reports that are
required by the UST's Operating Guidelines and that the Debtor had
failed to pay the fees that are payable under 28 U.S.C. Sec. 1930
and 31 U.S.C. Sec. 3717. The Trustee argued that the Debtor was
acting in bad faith as was attempting to use the bankruptcy system
to frustrate its landlords and for no other apparent purpose.
The Debtor seeks reconsideration on the ground that the Debtor had
just retained counsel after a period of financial hardship and that
a conversion to chapter 7 was premature.
According to Judge Wiles, "The required Statements and Schedules
are essential to identify the assets to be administered in a
bankruptcy case, to identify the creditors who may be entitled to
receive distributions and who otherwise are entitled to be heard in
the case, and to ensure that relevant claims that may belong to a
debtor are properly identified and promptly pursued. Like every
legal proceeding, a bankruptcy case is supposed to proceed as
efficiently and expeditiously as possible. The Debtor has never
offered any legitimate excuse for its utter failures to comply with
its obligations in this regard."
The Debtor also asserts that the Court erred by converting the case
to chapter 7 without a developed factual record. Judge Wiles
concluded that a dismissal would not serve the interests of the
Debtor's primary creditors, who were landlords who were still
attempting to recover their properties and whom the Debtor was
still trying to hold at bay. He noted at the September 30 hearing
that the Debtor had failed to assume any of its nonresidential real
property leases within the deadline set by section 365(d)(4), that
this failure gave the landlords certain rights, and that a
dismissal could raise issues as to those rights and as to whether
the landlords needed to take other action to recover properties.
The Debtor also had failed to identify all of its assets and had
failed to disclose possible preferential transfers or transfers to
insiders, which are matters a chapter 7 trustee can and should
identify and pursue for the benefit of the Debtor's creditors.
Judge Wiles holds, "I find that there are no matters that I
overlooked, no legal errors that I made, and no new evidence that
would warrant reconsideration of the Conversion Order."
A copy of the Court's decision dated November 20, 2025, is
available at https://urlcurt.com/u?l=zwxi8T
Attorneys for Debtor Elfand Organization LLC:
Robert Marx, Esq.
ROBERT MARX
1019 Fort Salonga Road Suite 10-134
Northport, NY 11768
Phone: (917) 375-1909
Email: robertmarx@rmmarxlaw.com
Attorneys for Chapter 7 Trustee:
Alan Nisselson, Esq.
WINDELS MARX LANE & MITTENDORF, LLP
156 West 56th Street
New York, NY 10019
Phone: (212) 237-1021
(212) 262-1215
E-mail: anisselson@windelsmarx.com
Attorneys for 268 Metropolitan Ave LLC:
Andrew M. Tilem, Esq.
LAW OFFICES OF ANDREW M. TILEM
228 Montrose Ave Brooklyn, NY 11206
Phone: (718) 497-2552
Elfand Organization LLC filed for Chapter 11 bankruptcy protection
(Bankr. S.D.N.Y. Case No. 25-10308) on February 18, 2025, listing
under $1 million in both assets and liabilities. The case was
converted to Chapter 7 on September 30, 2025.
ELLIOT DANILOFF: Legal Bureau Liga Disputes Referred to Mediation
-----------------------------------------------------------------
Judge Elizabeth S. Stong of the United States Bankruptcy Court for
the Eastern District of New York entered a mediation referral order
in the bankruptcy case of Elliot Daniloff.
On April 24, 2025, Bloomfield Investment Resources Corp. filed a
motion to appoint a Chapter 11 Trustee. On May 9, 2025, the Debtor
filed an objection to the motion.
On May 22, 2025, the Court entered a mediation referral order
assigning certain matters to mediation. On August 5, 2025, the
Court appointed Lori Lapin Jones as the mediator.
On September 5, 2025, the Court held a Chapter 11 case management
conference and hearings on various pending matters at which the
Debtor, Bloomfield, the United States Trustee, and Legal Bureau
Liga LLC appeared and were heard.
On September 19, 2025, the mediator filed a letter requesting, in
substance, that the Court enter a mediation referral order (not an
amended one) which refers the LGL disputes to mediation to address
the dispute over approval of a stipulation between the Debtor and
Legal Bureau Liga LLC.
Based on the entire record, including the record of the September
5, 2025, hearing, the Court concludes that the LGL disputes will be
referred to this Court's mediation program, with the services of
Lori Lapin Jones as mediator.
The first mediation session will be conducted on or before December
15, 2025.
The Court will hold an in-person continued case management
conference and status conference on the Mediation Parties'
mediation session on January 15, 2026.
A copy of the Court's Order dated November 26, 2025, is available
at https://urlcurt.com/u?l=ecz3aX from PacerMonitor.com.
Attorney for the Debtor:
Alla Kachan, Esq.
Law Offices of Alla Kachan P.C.
2799 Coney Island Avenue, Ste Unit 202
Brooklyn, NY 11235
E-mail: alla@kachanlaw.com
Elliot Daniloff filed for Chapter 11 bankruptcy protection (Bankr.
E.D.N.Y. Case No. 24-45314) on December 19, 2024, listing under $1
million in both assets and liabilities. The Debtor is represented
by Alla Kachan, Esq.
ENCORE CAPITAL: Moody's Affirms 'Ba2' CFR, Outlook Remains Stable
-----------------------------------------------------------------
Moody's Ratings has affirmed Encore Capital Group, Inc.'s (Encore)
Ba2 Corporate Family Rating and its Ba3 backed senior secured debt
ratings. The issuer outlook remains stable.
RATINGS RATIONALE
The affirmation of Encore's Ba2 CFR reflects the company's
recovered profitability, which has been strengthened by improved
operational efficiency and stronger collections, particularly
benefiting from favorable trends in its US operations. Encore
maintains sound leverage, as measured by Debt/EBITDA, and
capitalization that, while fluctuating, remains moderate overall.
Moody's views Encore's liquidity profile as strong, underpinned by
substantial availability under its revolving credit facility and a
well-staggered debt maturity schedule with no significant near-term
maturities. The company consistently addresses its refinancing
needs well in advance, demonstrating a proactive approach to
financial management.
Notably, Encore's strategic focus across both the US and European
markets enhances its financial flexibility, enabling the company to
capitalize effectively on opportunities in nonperforming loan
portfolio acquisitions and to access debt capital markets on both
sides of the Atlantic.
Encore's CFR is constrained by Moody's assessments of the
applicable operating environment within which the company operates
as a dedicated debt purchaser and debt collector, which Moody's
views as highly cyclical, sensitive to the availability of
nonperforming loans, and affected by changes in collection patterns
through economic cycles.
The Ba3 ratings of Encore's backed senior secured notes reflects
their priorities of claims and asset coverage in the company's
current liability structure.
OUTLOOK
The stable outlook reflects Moody's expectations that Encore will
continue to demonstrate solid profitability with good interest
coverage, and maintain a sound leverage and moderate capitalization
levels, as well as strong liquidity and a well-laddered debt
maturity profile, consistent with the credit metrics of the Ba2
CFR.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Encore's CFR could be upgraded if the company further enhances its
resilience in the highly cyclical debt purchase and servicing
industry by strengthening capitalization and consistently
delivering strong financial performance - characterized by solid
profitability with significantly reduced volatility, and robust
cash flows through economic cycles. In addition, maintaining a
strong liquidity profile, proactively refinancing debt well ahead
of maturity, and diversifying its geographical footprint to reduce
exposure to regulatory risks in any single region would also
support a higher rating.
The backed senior secured debt ratings could be upgraded if
Encore's CFR is upgraded or there are changes in the liability
structure that would decrease the amount of debt considered senior
to the notes or increase the amount of debt considered junior to
the notes.
Encore's CFR could be downgraded in case of: 1) meaningful and
sustained deterioration in the company's profitability, cash flows
and elevated earnings volatility; 2) increase in leverage, on a
sustained basis, to above 3x, measured as gross Debt/EBITDA; 3)
erosion in capitalisation; or 4) failure to maintain adequate
committed revolving borrowing availability, or if liquidity
otherwise materially weakens.
The backed senior secured debt ratings could be downgraded if
Encore's CFR is downgraded or there is a significant increase in
the amount of debt considered senior to the notes.
PRINCIPAL METHODOLOGY
The principal methodology used in these ratings was Finance
Companies published in July 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
ENDRA LIFE: CTO Michael Thornton Transitions to Consultant Role
---------------------------------------------------------------
ENDRA Life Sciences Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that on November 28,
2025, the Company entered into a Consulting Agreement with Michael
Thornton, in connection with which Mr. Thornton resigned as the
Company's Chief Technology Officer effective on such date.
Pursuant to the Consulting Agreement, Mr. Thornton will provide
commercialization services and certain deliverables to the Company,
as may be requested by the Company from time to time, and the
Company shall pay Mr. Thornton at a rate of:
(i) $150 per hour for the first five hours per calendar week
and
(ii) $100 per hour for any hours in excess of five hours per
calendar week.
The Consulting Agreement provides that all of Mr. Thornton's
outstanding Options and Restricted Stock Units (each term as
defined in the Company's 2016 Omnibus Incentive Plan) shall remain
outstanding and continue to vest in accordance with their terms for
so long as Mr. Thornton is providing services under the Consulting
Agreement.
The Consulting Agreement has an indefinite term and may be
cancelled by either party with 15 days' notice to the other party.
Additionally, on November 28, 2025, the Company entered into an
Advisory Services Agreement with Impact Solve, LLC, a Washington
limited liability company dba Impact Solutions, which supersedes
and replaces Impact Solutions' prior services agreement with the
Company.
The Advisory Services Agreement provides for services to be
provided to the Company by Richard Jacroux, the Company's Chief
Financial Officer, pursuant to work orders to be agreed upon by Mr.
Jacroux and the Company from time to time. Additionally, the
Advisory Services Agreement provides that the Company shall
reimburse Impact Solutions for reasonable travel and any additional
expenses that the parties may agree to in writing in advance. Fees
for the Services will be set forth in each applicable work order
agreed to in advance by the Company and Impact Solutions.
The initial work order, effective as of the date of the Advisory
Services Agreement, provides for Mr. Jacroux to serve as the
Company's Principal Financial Officer and Principal Accounting
Officer for an initial discounted base fee of $8,650 per month and
at a rate of $124.70 per hour for hours beyond 16 per week, subject
to an increase to a base fee of $10,800 per month and a rate of
$156.00 per hour for hours beyond 16 per week effective January 1,
2026.
The Advisory Services Agreement includes customary non-solicitation
provisions, confidentiality provisions and representations and
warranties included in similar agreements.
Full-text copies of the Consulting Agreement and the Advisory
Services Agreement are available at https://tinyurl.com/yhb27bvs
and https://tinyurl.com/25cawva7, respectively.
About ENDRA Life
ENDRA Life Sciences Inc., headquartered in Ann Arbor, Michigan,
develops thermo-acoustic medical devices for accurate liver fat
measurement to support metabolic disease detection, management, and
GLP-1 therapy eligibility. The Company's technology platform,
Thermo-Acoustic Enhanced Ultrasound (TAEUS), targets pharmaceutical
companies, clinical research organizations, high-end primary care
clinics, bariatric and metabolic clinics, and broader primary and
internal medicine markets through a subscription-based model and
traditional product sales. Incorporated in Delaware in 2007, ENDRA
plans to seek regulatory approvals for its applications in the
United States and European Union.
RBSM LLP, the Company's auditor since 2015, issued a "going
concern" qualification in its report on the Company's consolidated
financial statements for the year ended Dec. 31, 2024, citing that
the Company has suffered recurring losses from operations,
generated negative cash flows from operating activities, has an
accumulated deficit and has stated that substantial doubt exists
about Company's ability to continue as a going concern.
ENDRA Life incurred a net loss of $11.51 million in 2024 followed
by a net loss of $10.06 million in 2023. As of Sept. 30, 2025, the
Company had an accumulated deficit of $107,296,300 and had $794,036
in cash.
The Company stated in its Quarterly Report for the period ended
Sept. 30, 2025, that it requires additional capital to continue
executing its commercialization plans and advancing its digital
asset treasury (DAT) strategy. The Company is exploring potential
financing options, including the sale of common stock through its
at-the-market sales program. The Company warned that without
timely access to sufficient financing on acceptable terms, its
financial condition and results of operations may be materially
adversely affected and it may not be able to continue operations or
execute its stated commercialization plan.
ERIC R. HARTMAN: To Sell Assets to Zuidema Chiropractic for $9K
---------------------------------------------------------------
Eric R. Hartman, D.C., PLLC seeks permission from the U.S.
Bankruptcy Court for the Western District of Michigan, to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor wants to sell personal property owned by the Debtor
Zuidema Chiropractic, PLLC d/b/a Mission Chiropractic and Health.
The Debtor has various items of personal property that it would
like to sell to Zuidema Chiropractic, PLLC. The list of the
specific items of personal property is attached to this Motion as
Exhibit A. https://urlcurt.com/u?l=RTDtfz
The purchase price is $9,000.00.
The Debtor believes that the sale will be in the best interests of
the estate to liquidate personal property which will no longer be
needed by the Debtor.
The personal property to be sold is subject to the security
interest of Bankers Healthcare Group (BHG).
The assets being sold are only a portion of the assets of the
Debtor. This sale does not include any cash on deposit with a bank
(approximately $49,000.00 at present) or any current Accounts
Receivable (approximately $20,000.00 at present).
This sale shall be sold free and clear of all interest, liens and
encumbrances, and the sale proceeds will be paid to the secured
party BHG.
For purposes of disclosure, the principal of the Debtor, Eric R.
Hartman, has agreed to be employed by the prospective purchaser,
effective January 2, 2026.
It is anticipated that the Debtor will continue in operation in the
capacity of a consultant to
the purchaser. The Debtor will receive $1,000.00 per month from
Mission Chiropractic to fund the Debtor's Plan.
About Eric R. Hartman, DC, PLLC
Eric R. Hartman, DC, PLLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Mich. Case No. 25-02687) on
September 22, 2025, listing up to $500,000 in both assets and
liabilities. Eric R. Hartman, president and managing member, signed
the petition.
Martin L. Rogalski, Esq., at Martin L. Rogalski, P.C., represents
the Debtor as legal counsel.
ETG FIRE: To Sell Personal Property to Jack Gerard for $10K
-----------------------------------------------------------
Joli A. Lofstedt, Chapter 7 trustee of ETG Fire LLC, seeks approval
from the U.S. Bankruptcy Court for the District of Colorado, to
sell Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor represented itself as designing, installing, testing,
inspecting, monitoring, and maintaining special hazard fire
protection systems and complex fire alarm systems for customers
nationally.
The Debtor incurred secured debt from, and granted a lien and
security interest in favor of, Seacoast Bank in relation to the
Debtor’s personal property.
Except for vehicles, Trustee is informed and believes that
Seacoast had first-priority liens on Debtor’s assets on the
Petition Date.
The Trustee understands that Seacoast is currently owed over
$3,000,000. The Trustee believes that the estimated value of the
collateral securing Seacoast's claim is substantially less than the
foregoing amount.
Property of the Estate consists of the Debtor's personal property
including, but not limited to, inventory, office furniture, office
fixtures, and office equipment currently located in
premises that the Debtor had leased in Tulsa, Oklahoma.
After consulting with an auctioneer, the Trustee estimates that
such Personal Property is worth $13,600 gross. Because Seacoast
appears to be undersecured, the only secured creditor that has a
pecuniary interest in the Personal Property or its proceeds is
Seacoast.
A potential new tenant at the Oklahoma premises, Jack Gerard or his
designee, has agreed to purchase the Personal Property in bulk for
$10,000. The Trustee has accepted this offer, subject to
Court-approval.
Seacoast consents to the sale. The Trustee and Seacoast further
agree that the $10,000 in proceeds shall be split 40% and 60%
between the Estate and Seacoast, respectively.
There is other Debtor personal property located in Colorado and
California that the Trustee has move to sell through an auction
process via a separate motion
About ETG Fire
ETG Fire, LLC is a single source fire protection systems and
services company. It designs, installs, tests, inspects, monitors,
and maintains special hazard fire protection systems and complex
fire alarm systems for customers nationally from its offices in
Denver, Colo., Seattle, Wash., Pasadena, Calif., Cheyenne, Wyo.,
Dallas, Texas, and Tulsa, Okla.
ETG Fire filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. Colo. Case No. 24-13446) on June 20,
2024, with as much as $1 million to $10 million in both assets and
liabilities. Torrence Henry, president and chief executive officer,
signed the petition.
Brownstein Hyatt Farber Schreck, LLP is the Debtor's legal counsel.
FELT & FAT: Gets Interim OK to Use Cash Collateral
--------------------------------------------------
Felt and Fat LLC received second interim approval from the U.S.
Bankruptcy Court for the Eastern District of Pennsylvania authority
to use cash collateral.
The court authorized the Debtor to use cash collateral strictly in
accordance with the budget for the period from the petition date
through December 31.
As adequate protection, secured lenders were granted replacement
liens on post-petition assets of the Debtor, with the same
validity, priority and extent as their pre-bankruptcy liens.
In case such protection proves insufficient, the lenders will be
granted superpriority administrative expense claims under Section
507(b).
The lenders include the U.S. Small Business Administration, PIDC
Community Capital, United Bank of Philadelphia, PNC Bank, and
Citizens Bank, N.A. The Debtor also owes non-traditional lenders --
Shopify Capital (owed $106,366) and Wayflyer (owed $258,000) -- on
account of loans that may be secured by liens on its assets.
The order preserves creditors' rights to conduct inspections and
audits of the Debtor's books, records, and collateral upon notice,
and allows lenders and other parties in interest to seek
modifications for cause.
The order is available at https://is.gd/VBHKUj from
PacerMonitor.com.
The next hearing is scheduled for December 17. Objections must be
filed by December 10.
PIDC Community Capital is represented by:
Louis I. Lipsky, Esq.
Lipsky and Brandt
1101 Market Street, Suite 2820
Philadelphia, PA 19107
Phone: 215-922-664
Fax: 215-440-7185
United Bank of Philadelphia is represented by:
Matthew Lipman, Esq.
McElroy, Deutsch, Mulvaney & Carpenter, LLP
1 Penn Center – Suburban Station
1617 JFK Blvd., Ste. 1500
Philadelphia, PA 19103
Phone: (215) 557-2900
Fax: (215) 557-2990
mlipman@mdmc-law.com
About Felt and Fat LLC
Felt and Fat, LLC is an innovative and collaborative ceramic design
and manufacturing hub that provides manufacturing jobs to its local
community in Kensington, Philadelphia, Pennsylvania.
Felt and Fat sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-14162) on October 14,
2025, listing between $100,001 and $500,000 in assets and between
$1 million and $10 million in liabilities.
Judge Patricia M. Mayer presides over the case.
Albert Anthony Ciardi, III, Esq., at Ciardi Ciardi & Astin,
represents the Debtor as legal counsel.
FIRST BRANDS: Business Falters Amid Customer Payment Uncertainty
----------------------------------------------------------------
Steven Church of Reshmi Basu of Bloomberg News report that First
Brands Group's bankruptcy has been complicated by a surprising
problem: customers are uncertain about where their payments should
go. The issue emerged as the company's tangled debt picture became
clearer, revealing layers of receivables sold to investors through
factoring arrangements.
Those investors, fearing losses tied to allegedly fraudulent
invoices, told buyers of First Brands' auto-parts products to
bypass the company and pay them instead. Restructuring adviser
Alvarez & Marsal reported that this shift disrupted normal payment
flows and created widespread confusion throughout the customer
network.
About First Brands Group, LLC
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.
FLIGHT 509: Seeks Cash Collateral Access
----------------------------------------
Flight 509 LLC asks the U.S. Bankruptcy Court for the Eastern
District of Washington for authority to use cash collateral and
provide adequate protection.
The cash collateral consists of revenue generated by the Debtor's
Spokane-based family entertainment business, the Flight 509
Adventure Center. The Debtor argues that these funds are essential
for paying operational expenses—including utilities, maintenance,
insurance, taxes, wages, management fees, equipment costs, and
administrative expenses so the business can remain a going concern
and continue generating future income.
The Debtor identifies three SBA-backed loans from 2024 as the
source of the secured creditor's claim. These loans, issued through
Bank CDA and Evergreen Business Capital, total several million
dollars and are secured by blanket liens on nearly all business and
affiliated assets, including equipment, inventory, accounts,
general intangibles, deposit accounts, and in one case, related
real property. Co-signers include the owner, Timothy Homer, and
sister companies TNT Montgomery Property LLC, RAMH Entertainment
LLC, and Bighorn Environmental Air Quality LLC.
The SBA is the only creditor claiming a lien on the cash
collateral, and the Debtor lists business assets valued at
approximately $779,586 and cash collateral worth $61,820. The
Debtor requests permission to use this collateral strictly within a
submitted budget, with no excess spending without court approval.
As adequate protection, the Debtor proposes granting the SBA a
first replacement lien on post-petition bank accounts and
receivables equal to the amount spent, along with restructured
monthly payments of $1,253 at an 8% interest rate over 60 months on
one of the SBA-related loans. The Debtor further states that
replacement liens will remain subordinate to court-approved
professional fees.
A copy of the motion is available at https://urlcurt.com/u?l=Yt5T1p
from PacerMonitor.com.
About Flight 509 LLC
Flight 509 LLC based in Spokane Valley, Washington, operates a
family entertainment center featuring mini-bowling, laser tag,
ropes and ninja warrior courses, bumper cars, arcade games, and a
large soft play structure. The facility provides recreational and
event services for families and children and includes ADA-compliant
features and sensory-friendly accommodations. Flight 509 LLC serves
the Spokane Valley area, offering indoor entertainment and leisure
activities.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Wash. Case No. 25-02024) on November
20, 2025. In the petition signed by Timothy Homer, owner, the
Debtor disclosed $779,586 in assets and $5,921,347 in debts.
Judge Frederick P. Corbit oversees the case.
Amy Wilburn, Esq., at the Law Office of Amy Wilburn, PLLC,
represents the Debtor as bankruptcy counsel.
FORGENT INTERMEDIATE: S&P Assigns 'B' ICR, Outlook Stable
---------------------------------------------------------
S&P Global Ratings assigned its 'B' issuer credit rating to
U.S.-based provider of electrical distribution equipment, Forgent
Intermediate IV LLC. S&P also assigned its 'B' issue-level rating
and '3' recovery rating to the proposed senior secured term loan.
The stable outlook reflects S&P's view that despite increased debt,
strong end-market tailwinds and margins will result in S&P Global
Ratings-adjusted leverage of 3x-4x in fiscal 2026.
Forgent Intermediate IV LLC, plans to issue a $600 million senior
secured term loan due 2032 and a five-year $250 million senior
secured revolver (undrawn at close), to refinance its existing
indebtedness and use any excess proceeds for general corporate
purposes, including maintaining cash on hand.
Pro forma for the transaction and our earnings expectations, S&P
expects S&P Global Ratings-adjusted leverage to be about 3.5x
fiscal year-end 2026 (ending June 30, 2026).
S&P's ratings on Forgent reflect its small size, niche product
focus as well as financial sponsor ownership structure, somewhat
offset by the mission critical nature of its products, favorable
long term growth prospects benefiting from tailwinds of increased
investment in power related infrastructure and its robust
profitability.
Forgent's scale and niche product focus present risks. These are
somewhat offset by the favorable long-term growth prospects for its
business, mission-critical nature of its products, and strong
profitability. S&P said, "With annual revenues of $750 million-$1
billion and product offerings narrowly focused on electrical
distribution equipment, we believe Forgent's business has limited
scale and diversification when compared with higher rated peers.
While larger global players in the broader electrical equipment
product category exist, Forgent's focus remains particularly within
the custom designed solutions sub-segment. We believe smaller, less
diverse companies could be more prone to volatility during periods
of economic stress than larger diversified peers."
S&P said, "Nonetheless, we believe strong tailwinds from increased
investments in power-related infrastructure drive favorable
longer-term growth prospects for the company's business.
Specifically, trends around increased investments in data centers
(accounting for over a third of the company's revenues),
grid-hardening projects, and reshoring of manufacturing operations
are key growth drivers.
"Further, we believe the company's products are mission-critical
and nondiscretionary in nature, driving sustained demand levels. We
also view the company's S&P Global Ratings-adjusted EBITDA margins
of over 20% favorably when compared with industry averages. We
attribute its solid profitability levels to its focus on
higher-margin custom design products and ability to pass through
costs given the high risk of failure and small share of overall
project cost.
"We expect Forgent to demonstrate rapid revenue and earnings
growth, supported by near-term backlog and favorable end-market
demand. We also project future margins and returns will benefit
from an improved price cost mix. We expect the company's revenues
will grow 35%-40% each year over fiscals 2026-2027, driven by
near-term visibility on backlog as well as our expectations for
strong end-market demand.
"In our view, Forgent has a balanced exposure across data centers,
power grids, and industrial end markets and believe continued
investments in these sectors will provide sustained demand for its
products over the next few years. Further, the company will
complete its capital expenditure (capex) plan in fiscal 2026 and
realize operating efficiencies due to improved fixed-cost
absorptions from higher volumes. Therefore, we expect earnings
could grow faster than revenues and drive higher margins and
returns over the next few years. Specifically, we expect S&P Global
Ratings-adjusted EBITDA margins to be 21%-23% over fiscal 2026-2027
(compared with 20% in fiscal 2025) and return on capital will be
over 10% (compared with about 7% in fiscal 2025).
"Our view of Forgent's financial risk incorporates its
financial-sponsor ownership and aggressive financial policies
typical of such owners, though we recognize its S&P Global
Ratings-adjusted leverage of 3x-4x provides it with a strong credit
cushion. Pro forma for this transaction, we expect its S&P Global
Ratings-adjusted leverage to be above 4x, improving to about 3.5x
by fiscal-end 2026 as earnings grow.
"These credit measures represent a strong credit cushion when
compared against our downside thresholds of 7x and demonstrate a
less aggressive financial policy, unlike most financial-sponsor
owned entities. However, this financial policy has a short track
record and remains untested through weaker market conditions. We
also believe the company could remain opportunistic about pursuing
debt-financed organic or inorganic growth initiatives. Therefore,
any potential improvement in credit quality would be underpinned by
our belief of the company's financial policy commitment to maintain
favorable credit measures through most market conditions and
financial policy decisions.
"Nonetheless, Forgent's steady cash generation and EBITDA interest
coverage of over 2x mitigate some of our concerns associated with a
potentially aggressive financial policy. As such, we expect the
company to generate $80 million-$150 million of operating cash flow
over fiscal 2026-2027. While free cash flow could remain negative
this fiscal year due to elevated capex needs from capacity
expansion plans, we expect it to materially improve to over $100
million by fiscal 2027.
"The stable outlook on Forgent reflects our belief that favorable
end-market demand will drive high revenue and earnings growth,
offsetting the increased debt load. As such, we expect the company
to maintain S&P Global Ratings-adjusted leverage of 3x-4x in
fiscals 2026-2027."
S&P could lower its ratings on Forgent over the next 12 months if
its S&P Global Ratings-adjusted leverage deteriorates to over 6.5x.
This could occur if:
-- Business conditions materially weaken such that its S&P Global
Ratings-adjusted earnings are 50% lower than our expectations, or
free cash flow fails to improve once the company completes its
capacity expansion plans in 2026. Such a scenario could materialize
in case of a severe downturn, drastically reducing demand for the
company's products or higher-than-expected inflation that cannot be
passed on compresses margins by more than 5%; or
-- The company undertakes a more aggressive than expected
financial policy--for instance, using debt to fund distributions or
acquisitions.
S&P views an upgrade as unlikely over the next 12 months, given
Forgent's limited history and track record under the current
financial sponsor. However, S&P could raise the rating if:
-- It maintains S&P Global Ratings-adjusted leverage at 3x-4x,
demonstrating sustained earnings and positive free cash generation,
and S&P believes it can maintain these levels in most market
conditions; and
-- S&P believes the financial sponsors are committed to
maintaining these credit measures.
FORTNA GROUP: S&P Lowers ICR to 'CCC-' on Cash Burn, Outlook Neg.
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Warehouse
automation and services provider Fortna Group Inc. to 'CCC-' from
'CCC+'.
S&P said, "At the same time, we lowered our issue-level rating on
the company's $225 million revolving credit facility (RCF) and
$1.47 billion first-lien term loan to 'CCC-' from 'CCC+'. The
recovery rating remains '4', reflecting our expectation of average
(30%-50%; rounded estimate: 35%) recovery in the event of a payment
default.
"The negative outlook reflects our view that Fortna will continue
to burn cash over the next 6-12 months due to limited EBITDA growth
and a high interest burden, increasing the likelihood of a
liquidity crisis, a debt exchange, or a restructuring that we view
as tantamount to a default. We believe the company is currently
vulnerable to nonpayment of its debt obligations and dependent upon
favorable business, financial, and economic conditions or a cash
injection from its financial sponsor to meet its financial
obligations.
"The downgrade to 'CCC-' reflects our forecast of materially
negative FOCF through 2026. For the nine months ended Sept. 30,
2025, Fortna had an FOCF deficit of about $232 million (on a S&P
Global Ratings-adjusted basis), driven by limited EBITDA
generation, high cash interest expense, and by a sizable working
capital usage due to the timing of accounts receivable collections.
We forecast a full-year 2025 FOCF deficit of $170 million-$180
million in 2025, worse than our previous expectation of a deficit
of $70 million-$80 million. This incorporates our assumption for a
high-single-digit percent revenue decline in 2025, and S&P Global
Ratings-adjusted EBITDA margin to decline around 300-400 basis
points (bps) from 8.3% in 2024 due to a product mix shift to
parcel, conveyor consolidation expenses, and incremental costs with
its new enterprise resource planning (ERP) system.
"We assume 2025 EBITDA is insufficient to cover the company's cash
charges, which include: around $150 million in cash interest
expense, our assumption for around $75 million in working capital
outlays (higher year over year to support the company's backlog
with large sortation projects), and capital expenditures (capex) of
around 1% of revenue, or around $20 million in 2025. The company
also has about $15 million in annual term loan amortization
payments. We assume FOCF remains meaningfully negative in 2026,
driven by our forecast for limited EBITDA growth.
"We believe the company's liquidity will be strained over the next
several months. Fortna has been relying on external liquidity
sources--its accounts receivable securitization program, its RCF,
and additional term loan funding to support its cash deficits. At
Sept. 30, 2025, the company had full availability under its $225
million RCF, though under our forecast Fortna will need to draw
upon it to help fund its cash flow deficits. Further, Fortna had
$131 million drawn on its $150 million accounts receivable
facility. We believe these external sources will likely be depleted
in 2026 given continued cash flow deficits and we assume the
financial covenant under the revolver (a 10x springing first-lien
leverage covenant) may restrict borrowing capacity.
"We assume operating performance improves but remains challenged
through 2026. Fortna's S&P Global Ratings-adjusted EBITDA margins
compressed to 3.2% as of the 12 months ended Sept. 30, 2025, from
8.9% in the prior-year quarter. The decline was due to lower
volume, a shift in product mix weighted more towards parcel (which
is more cost intensive and lower margin than D&F projects), as well
as incremental expenses related to an ERP system transition and
conveyor consolidation. Through the second and third quarter of
2025, macroeconomic uncertainty led customers to take a
wait-and-see approach to investing in capital projects, which
resulted in projects being delayed and Fortna's revenue being
impacted. We forecast revenue will decline around 9% in 2025,
driven by weakness in D&F orders, partially offset by increased
orders in software & solutions. That said, we don't expect Fortna's
orders to convert to revenue until the end of 2025 and more so in
2026 and 2027, given the longer duration of parcel projects
(roughly 18-month period on average). Parcel projects take longer
to convert relative to D&F due to their size and timing.
"We forecast revenue increases about 8%-9% in 2026 driven by orders
in the back half of 2025 and in 2026, which we expect will convert
to revenue in 2026 and 2027, with continued customer spending on
automation and efficiency-related capital projects and services due
to strength in e-commerce sales. That said, we believe risks remain
that customers' projects could get further delayed. We assume S&P
Global Ratings-adjusted EBITDA margin increases around 200 bps year
over year in 2026 on higher revenue and the benefits of cost-out
measures, such as headcount reductions, and continued project
execution improvements. But notwithstanding that forecast, we
assume EBITDA in 2026 will be insufficient to cover cash fixed
charges.
"Leverage is unsustainably high. Given S&P Global Ratings-adjusted
leverage of 42x and weak interest coverage below 1x at Sept. 30,
2025, we believe there is heightened likelihood of a liquidity
crisis or debt restructuring that would imply lenders receive less
value than promised when the debt was originally issued. Moreover,
Fortna's nearest maturity is in 2027 when its RCF matures, and we
believe refinancing next year could be challenging.
"The negative outlook reflects our view that Fortna will continue
to burn cash over the next 6-12 months due to limited EBITDA growth
and a high interest burden, increasing the likelihood of a
liquidity crisis, a debt exchange, or a restructuring that we view
as tantamount to a default. We believe the company is currently
vulnerable to nonpayment of its debt obligations and dependent upon
favorable business, financial, and economic conditions or a cash
injection from its financial sponsor to meet its financial
obligations.
"We could lower our rating on Fortna if we believe a liquidity
crisis, distressed debt restructuring, or payment default is a
virtual certainty."
S&P could raise its rating on Fortna if it no longer view a default
scenario as highly probably. This could occur if:
-- Operating performance improves meaningfully beyond our
expectations such that Fortna generates positive FOCF after
servicing its debt;
-- It improves its cash flow such that we no longer anticipate
material deficits, while maintaining adequate liquidity; and
-- It is in a position to refinance its debt in a manner that S&P
would not consider a distressed exchange or restructuring.
FORTUNE CIRCLE: Affiliate Seeks Cash Collateral Access
------------------------------------------------------
Fortune Circle Hotels, LLC received interim approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to use cash
collateral to fund operations.
The court authorized Fortune Circle Hotels, an affiliate of Fortune
Circle LLC, to use cash collateral through December 20 to pay
operating expenses in accordance with its budget. The Debtor may
use cash collateral to pay up to 110% of the amount set forth in
the budget, either by line item or in the aggregate, measured on a
weekly basis.
As adequate protection, Rapid Finance, a secured creditor, will be
granted a post-petition security interest in and lien on the same
types of collateral securing its pre-bankruptcy claims. This lien
maintains the same priority, validity, and enforceability as of the
petition date, and applies only to the extent the Debtor's use of
cash collateral causes a diminution in the value of Rapid Finance's
collateral.
The next hearing is scheduled for December 16.
A copy of the interim order and the Debtor's budget is available at
https://shorturl.at/OBq1q from PacerMonitor.com.
Fortune Circle Hotels operates a 75-room Hawthorn Extended Stay by
Wyndham hotel in St. Robert, Missouri, near Ft. Leonard Wood, under
a lease from Fortune Hotel, LLC, which is also in Chapter 11.
Ownership interests are split between Syed Hussain and Waqar
Qureshi, with Hussain solely owning the property-holding entity.
Millennium Bank previously financed the real estate with a $3.3
million loan to the property owner, but the Debtor is not an
obligor. In 2023, the Debtor obtained a $227,000 business loan from
Rapid Finance, which claims a security interest in revenue streams
and various personal property; however, the Debtor questions
whether Rapid Finance's lien is perfected and believes Millennium
Bank does not hold a lien on its assets.
The Debtor relies on hotel revenues to pay employees, operating
expenses, and franchise fees. Since early 2024, the Debtor and
property owner have pursued a joint sale of the hotel, receiving a
$4.75 million offer consistent with a recent appraisal, though
closing has been delayed due to SBA loan processing and litigation
filed by Millennium Bank against the property owner and Hussain.
About Fortune Circle LLC
Fortune Circle, LLC is a real estate company whose primary asset is
a hotel property at 239 St. Robert Boulevard in Saint Robert,
Missouri.
Fortune Circle sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-17508) on November
12, 2025, listing up to $10 million in both assets and liabilities.
Syed Hussain, sole member, signed the petition.
Judge Timothy A. Barnes oversees the case.
William Factor, Esq., at The Law Office of William J. Factor, Ltd.,
represents the Debtor as bankruptcy counsel.
FP HOUSTON: Gets Court OK to Use Cash Collateral
------------------------------------------------
FP Houston Apartments, LLC got the green light 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 the cash collateral of its
lender, Flagship Capital Partners Fund V, LP, in accordance with
its budget, subject to a 5% variance per line item.
Subject to Flagship's consent, the Debtor may pay pre-bankruptcy
vendor invoices to maintain the safety and habitability of the
Debtor's property, including payment of $6,462.28 to Waste
Connections of Texas.
As protection, Flagship will be granted replacement liens on all
assets of the Debtor, maintaining the same validity, priority and
extent as its pre-bankruptcy liens. The Debtor was also ordered to
keep the lender's collateral insured as additional protection.
The Debtor's authority to use cash collateral ends on December 10
unless extended by court order or agreement with Flagship, or upon
the appointment of a Chapter 11 trustee; conversion of the case to
one under Chapter 7; lifting of the stay that allows Flagship or
any secured creditor to foreclose on the collateral; or the
Debtor's failure to provide required reports or information.
The court order is available at https://is.gd/k0xs5m from
PacerMonitor.com.
Flagship asserts it is owed more than $11.1 million as of the
petition date. The loan is secured by the Debtor's real and
personal property, including its 120-unit apartment complex located
in Houston, Texas. All cash proceeds of the collateral constitute
the lender's cash collateral.
All rental income from the Houston property is collected and
managed by Asset Living, LLC under a management agreement. In 2022,
the Debtor and Flagship executed a Deposit Account Control
Agreement, resulting in all rents being swept daily into a
lender-controlled lockbox account at Independent Bank/SouthState
Bank.
Flagship, as lender, is represented by:
Bruce J. Ruzinsky, Esq.
Victoria Argeroplos, Esq.
Taylor G. Lanier
Jackson Walker, LLP
1401 McKinney Street, Suite 1900
Houston, TX 77010
Phone: (713) 752-4204
Fax: (713) 308-4115
bruzinsky@jw.com
vargeroplos@jw.com
tlanier@jw.com
About FP Houston Apartments LLC
FP Houston Apartments, LLC is a single-asset real estate company
that owns Forest Park Apartments in Houston, Texas.
FP Houston Apartments sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S. D. Texas Case No. 25-90606) on
November 3, 2025, listing between $10 million and $50 million in
assets and liabilities. Dal Thandi, manager, signed the petition.
Judge Alfredo R. Perez oversees the case.
David Ritter, Esq., at Ritter Spencer, PLLC, represents the Debtor
as legal counsel.
FREEDOM MORTGAGE: Fitch Rates New Sr. Unsecured Notes 'B+(EXP)'
---------------------------------------------------------------
Fitch Ratings expects to assign a 'B+(EXP)' debt rating to Freedom
Mortgage Holdings LLC's proposed senior unsecured notes. The
amount, coupon and maturity will be determined at the time of
issuance.
Key Rating Drivers
Equal Ranking: The expected rating is equalized with the ratings
assigned to Freedom Holdings' senior unsecured debt, as the new
notes will rank equally in the capital structure. The senior
unsecured debt rating is one notch below Freedom Holdings' 'BB-'
Long-Term Issuer Default Rating (IDR), given the subordination to
senior secured debt in the capital structure, reflecting weaker
recovery prospects in a stressed scenario.
Leverage Neutral: Fitch does not anticipate a material impact to
the company's leverage profile, as the proceeds from the issuance
will be used for general corporate purposes, including the
repayment of existing senior secured debt. Freedom Holdings'
corporate leverage (unsecured debt and MSR funding lines to
tangible equity) was 1.9x at 3Q25. Fitch expects corporate leverage
to decline toward management's long-term 1.5x target over the
Outlook horizon, given tangible equity accretion through retained
earnings.
Improved Funding Flexibility: Freedom Holdings' unsecured debt mix
was 34% of total debt at 3Q25 and will increase following the
transaction. Fitch views this as positive for funding flexibility
in times of stress, as it increases the size of Freedom Holdings'
unencumbered asset pool.
Track Record Through Cycles: Freedom Holdings' ratings reflect an
established U.S. residential mortgage franchise, historical track
record across cycles, a strong market position in government
lending, an experienced management team, and a sufficiently robust,
integrated technology platform. Fitch views Freedom Holdings'
multichannel approach favorably and believes the servicing-retained
model with high recapture rates could serve as a natural hedge,
though not fully offset, origination cyclicality.
Elevated Regulatory Scrutiny: Ratings are constrained by Freedom
Holdings' elevated exposure to Ginnie Mae loans, which have higher
advancing needs and potentially greater regulatory scrutiny, and by
elevated key-person risk tied to its founder and Chief Executive
Officer, Stanley Middleman, who sets the company's tone, vision and
strategy.
Stable Outlook: The Stable Outlook reflects Fitch's expectation
that corporate debt to tangible equity will decline below 1.5x as
increased recurring cash flows from the servicing portfolio support
growth in tangible equity in the medium term. Fitch also expects
Freedom Holdings to maintain sufficient liquidity and reserves for
potential margin calls, servicing advance needs and indemnification
activity, as well as adequate access to warehouse funding for
origination growth as rates decline.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Corporate debt to equity sustained above 1.5x;
- A sustained increase in gross leverage above 5.0x;
- A sustained decline in unsecured funding below 25% of total
debt;
- Inability to refinance secured funding facilities and/or
insufficient liquidity to manage servicing advances or to meet
margin call requirements;
- Substantial fines that negatively impact Freedom's franchise or
operating performance;
- Lack of appropriate staffing and resource levels relative to
growth in the servicing portfolio;
- An abrupt departure of founder and CEO, Stanley Middleman.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- A sustained reduction in gross leverage below 3.0x;
- A sustained reduction in corporate leverage at or below 1.0x;
- Growth of the business that enhances the franchise and platform
scale;
- Improved earnings consistency;
- Improvement in the funding profile, including an extension of
funding duration and/or an increase in the proportion of committed
funding, and the maintenance of unsecured debt above 35% of total
debt;
- A stronger liquidity profile, reflected in a substantial increase
in the percentage of liquidity sources (cash and available
borrowing capacity) to total debt sustained above 25%.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
The senior unsecured debt ratings for Freedom Holdings and Freedom
Mortgage Corporation (Freedom Mortgage) are one notch below the
Long-Term IDRs, given the subordination to senior secured debt in
the capital structure, reflecting weaker recovery prospects in a
stress scenario.
The issuance of additional senior unsecured debt at Freedom
Holdings and the size of the unencumbered asset pool could result
in a narrowing of the notching between the senior unsecured debt
and the Long-Term IDRs. Conversely, the issuance of additional
senior unsecured debt at Freedom Mortgage could widen the notching
between Freedom Holdings' senior unsecured debt and the Long-Term
IDR to reflect structural subordination of the notes held at the
holding company level.
Freedom Holdings' debtholders benefit from an upstream guarantee
provided by Freedom Mortgage to satisfy ongoing payment
obligations, as well as a guarantee from Freedom Mortgage Parent
LLC (Freedom Parent; not rated), the ultimate parent, and managing
member of Freedom Holdings.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
The unsecured debt rating is primarily sensitive to changes in
Freedom Holdings and Freedom Mortgage's Long-Term IDRs and would be
expected to move in tandem.
SUBSIDIARY AND AFFILIATE RATINGS: KEY RATING DRIVERS
Freedom Mortgage is a wholly owned subsidiary of Freedom Holdings,
and its IDR is equalized with the Long-Term IDR of the holding
company.
SUBSIDIARY AND AFFILIATE RATINGS: RATING SENSITIVITIES
Freedom Mortgage's IDR is primarily sensitive to changes in Freedom
Holdings' IDR and would be expected to move in tandem.
ADJUSTMENTS
- The Standalone Credit Profile (SCP) has been assigned in line
with the implied SCP.
- The Business Profile score has been assigned below the implied
score due to the following reason: Business model (negative).
- The Earnings & Profitability score has been assigned below the
implied score due to the following reason: Portfolio risk
(negative).
- The Capitalization & Leverage score has been assigned below the
implied score due to the following reasons: Risk profile and
business model (negative), Historical and future metrics
(negative).
- The Funding, Liquidity & Coverage score has been assigned below
the implied score due to the following reason: Funding flexibility
(negative).
Date of Relevant Committee
18 December 2024
ESG Considerations
Fitch does not provide ESG relevance scores for Freedom Mortgage
Holdings LLC.
In cases where Fitch does not provide ESG relevance scores in
connection with the credit rating of a transaction, program,
instrument or issuer, Fitch will disclose any ESG factor that is a
key rating driver in the key rating drivers section of the relevant
rating action commentary.
Entity/Debt Rating
----------- ------
Freedom Mortgage
Holdings LLC
senior unsecured LT B+(EXP) Expected Rating
FTX TRADING: Amended Complaint in Farmington, et al. Case Tossed
----------------------------------------------------------------
Chief Judge Karen B. Owens of the United States Bankruptcy Court
for the District of Delaware dismissed the amended complaint in the
adversary proceeding captioned as FTX RECOVERY TRUST, Plaintiff, v.
FARMINGTON STATE CORPORATION (f/k/a FARMINGTON STATE BANK, d/b/a
GENIOME BANK, d/b/a MOONSTONE BANK), FBH CORPORATION, and JEAN
CHALOPIN, Defendants, Adv. Proc. 24-50197-KBO (Bankr. D. Del.). The
motion filed by the defendants to stay discovery pending a
resolution of the motion to dismiss the FTX Recovery Trust's
amended complaint is denied as moot.
In 2022, debtor Clifton Bay Investments LLC (formerly known as
Alameda Ventures LLC) invested $11.5 million into Defendant FBH
Corporation n exchange for a 10% interest in FBH. At the time of
the Transfer, FBH was a holding company with a single asset valued
at $5.7 million; namely an equity interest in Farmington State
Bank, a single-branch bank and community lender to the small
agricultural town of Farmington, Washington.
FBH is owned and controlled by Defendant Jean Chalopin. In 2020,
Chalopin formed FBH and orchestrated FBH's acquisition of
Farmington. Though the acquisition received the approval of
regulators from both the Federal Reserve and the State of
Washington, it was subject to certain restrictions. This included,
among other things, the requirement that written regulatory
approval be obtained prior to changes in senior management, changes
in the business plan, and significant forays into digital banking
services.
Prior to the Transfer, Chalopin was known to the FTX Group because
of his affiliation with other companies that assisted with the FTX
Group's banking and insurance operations, including Bahamas-based
Deltec Bank and Trust Company Limited, a subsidiary of Deltec
International Group, in which Chalopin has ultimate beneficial
ownership of a controlling interest. The FTX Group held several
accounts at Deltec Bank, which processed hundreds of thousands of
transactions worth billions of dollars. Chalopin helped lay the
foundation necessary for the FTX Group to move to the Bahamas, as
he and Deltec Bank used their connections in the Bahamas to advance
the FTX Group's interests.
Having done profitable business together for years, Chalopin and
the FTX Group set their sights on recreating this symbiosis of
banks and cryptocurrency companies in the United States. In 2021,
Chalopin became acquainted with a legal officer for the FTX Group
with whom he began discussing a potential investment in FBH by the
FTX Group. By January 2022, the agreement between Alameda and FBH
was executed (the "Subscription Agreement") and on February 2,
2022, the Transfer was made. At the time of the Transfer, FBH
contemplated a new business plan for Farmington.
The FTX Recovery Trust commenced this adversary proceeding against
the Defendants asserting claims for fraudulent transfer, aiding and
abetting breach of fiduciary duty, and aiding and abetting
corporate waste. Defendants seek dismissal of the Amended
Complaint.
Defendants argue that the Plaintiff has not established that
Chalopin, a resident of the Bahamas, has the necessary contacts
with the United States. They contend that Chalopin's only alleged
contact with the forum is his interaction with an FTX Legal
Officer, which is not enough to support jurisdiction.
Plaintiff argues that jurisdiction over Chalopin is proper because
the transaction at issue -- the Debtors' investment in FBH -- arose
directly from Chalopin's actions either taken within or directed
towards the United States.
The Court agrees with Plaintiff and finds that the facts alleged
establish with reasonable particularity that there are sufficient
contacts between Chalopin and the United States to support
jurisdiction. Accordingly, the Amended Complaint sets forth a prima
facie case of jurisdiction.
Constructive Fraud (Counts II and IV)
In Counts II and IV, Plaintiff seeks to avoid and recover the
Transfer from Chalopin as a fraudulent transfer pursuant to
sections 544, 548, and 550 of the Bankruptcy Code.
Defendants move to dismiss these claims on the ground that
Plaintiff has failed to plausibly allege that Chalopin was a
transferee as required by section 550.
The Court finds Plaintiff's allegation that the payment was made
for the benefit of Chalopin, who was the controller of FBH, is
insufficient to support the conclusion that Chalopin was a
beneficial transferee. Accordingly, Counts II and IV will be
dismissed.
Aiding And Abetting Breach Of Fiduciary Duty (Count V)
In Count V, Plaintiff alleges Chalopin aided and abetted Samuel
Bankman-Fried's breach of his fiduciary duties by inducing the FTX
Group co-founder and Chief Executive Officer to cause Alameda to
invest into FBH at an inflated valuation.
The Court finds Plaintiff has alleged no facts to support the
conclusion that Chalopin had the level of knowledge necessary to
support its claim. Nothing in the Amended Complaint suggests that
Chalopin had anything more than limited insight into the FTX
Group's plans regarding its investment into FBH or that Chalopin
induced the investment. For these reasons, Count V will be
dismissed.
Aiding And Abetting Corporate Waste (Count VI)
In Count VI, Plaintiff asserts a claim against Chalopin for aiding
and abetting corporate waste.
Defendants move to dismiss this claim for Plaintiff's failure to
plead knowing participation. The Court agrees. Even assuming,
arguendo, that Plaintiff has sufficiently alleged that the Transfer
was an act of corporate waste, Plaintiff has not alleged facts to
support the remaining elements of the claim. Accordingly, Count VI
will be dismissed.
Claims Against The Corporate Defendants (Counts I & III)
Plaintiff seeks to avoid and recover the Transfer from Farmington
and FBH as a constructive fraudulent transfer pursuant to section
548(a)(1)(B) of the Code (Count I) and section 544(b) of the Code
and the Delaware Uniform Fraudulent Transfer Act ("DUFTA") (Count
III).
Defendants move to dismiss the constructive fraudulent transfer
counts for Plaintiff's failure to allege that that the Transfer was
for less than reasonably equivalent value at a time when the
Debtors were insolvent. While the Court concludes that Plaintiff
adequately pleads insolvency, it agrees with the Defendants that
Plaintiff does not adequately plead reasonably equivalent value.
Because Plaintiff has failed to allege that the Transfer was for
less than reasonably equivalent value, Counts I and III will be
dismissed, the Court holds.
Judge Owens explains, "As correctly highlighted by the Defendants,
the problem with this whole-cloth reliance upon Farmington's
reported net worth at the time of the transfer for establishing
lack of reasonably equivalent value is that Plaintiff ignores its
own acknowledgement in the Amended Complaint that the Transfer
occurred when a future business plan existed to expand Farmington
from a small community bank into one offering cutting-edge
cryptocurrency services. Plaintiff makes no factual allegations
from which the Court can reasonably infer that the possible, future
value of this plan at the time of the Transfer was less than
Alameda's investment. This is an element necessary to adequately
state the fraudulent transfer claims, and it is unaddressed in the
Amended Complaint."
A copy of the Court's Memorandum Order dated November 25, 2025, is
available at https://urlcurt.com/u?l=8q92H2
About FTX Group
FTX Trading Ltd., trading as FTX, formerly operated a
cryptocurrency exchange and crypto hedge fund. Before its collapse
in 2022, FTX was the world's second-largest cryptocurrency firm.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests. Faced with liquidity issues,
FTX on Nov. 9, 2022, struck a deal to sell itself to its giant
rival Binance, but Binance walked away from the deal amid reports
on FTX regarding mishandled customer funds and alleged US agency
investigations. SBF agreed to step aside, and restructuring vet
John J. Ray III was quickly named new CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought Chapter 11 protection on Nov. 14, 2022.
FTX Trading and its affiliates each listed $10 billion to $50
billion in assets and liabilities, making FTX the biggest
bankruptcy filer in the US that year.
According to Reuters, SBF shared a document with investors on Nov.
10, 2022, showing FTX had $13.86 billion in liabilities and $14.6
billion in assets. However, only $900 million of those assets were
liquid, leading to the cash crunch that ended with the company
filing for bankruptcy.
The Hon. John T. Dorsey is the case judge. The Debtors tapped
Sullivan & Cromwell, LLP as bankruptcy counsel; Landis Rath & Cobb,
LLP as local counsel; and Alvarez & Marsal North America, LLC as
financial advisor. Kroll is the claims agent, maintaining the page
https://cases.ra.kroll.com/FTX/Home-Index
The Official Committee of Unsecured Creditors tapped Paul Hastings
as counsel, FTI Consulting, Inc., as financial advisor, and
Jefferies LLC as the investment banker. Young Conaway Stargatt &
Taylor LLP is the Committee's Delaware and conflicts counsel.
Montgomery McCracken Walker & Rhoads LLP, led by partners Gregory
T. Donilon, Edward L. Schnitzer, and David M. Banker, represented
SBF in the Chapter 11 cases.
White-collar crime specialist Mark S. Cohen was reportedly hired to
represent SBF in litigation. Lawyers at Paul Weiss previously
represented SBF but later renounced representing the entrepreneur
due to a conflict of interest.
* * *
In October 2024, FTX won confirmation of its bankruptcy plan that
cleared a path for it to start repaying as much as $16.5 billion to
creditors, including former customers. FTX has said its customers
will receive 100% recovery on their claims under the plan. FTX
reached a deal with CFTC, in which the Commission agreed not to
collect any payment from FTX until all its customers are repaid,
with interest. The CFTC settlement required FTX to pay $8.7 billion
in restitution and $4 billion in disgorgement, which would be used
to further compensate victims for losses suffered during the
exchange's collapse.
FTX TRADING: Trust Drops $50MM Claim Against African Fintech
------------------------------------------------------------
Randi Love of Bloomberg Law reports that FTX Trading Ltd.'s
bankruptcy trust has ended its lawsuit against African fintech firm
AZA Finance, along with its related entities and executives. The
action, filed in July, aimed to claw back $50 million the trust
claimed was improperly obtained through a demerger scheme. The
dismissal was filed voluntarily on Dec. 3 in the US Bankruptcy
Court for the District of Delaware.
The case was among several recovery efforts the trust is pursuing
to repay creditors of the collapsed crypto exchange. In its
original complaint, the trust alleged that AZA Finance received
roughly $46 million from FTX under false pretenses, the report
states.
About FTX Trading Ltd.
FTX is the world's second-largest cryptocurrency firm. FTX is a
cryptocurrency exchange built by traders, for traders. FTX offers
innovative products including industry-first derivatives, options,
volatility products and leveraged tokens.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests.
Faced with liquidity issues, FTX on Nov. 9 struck a deal to sell
itself to its giant rival Binance, but Binance walked away from
the
deal amid reports on FTX regarding mishandled customer funds and
alleged US agency investigations.
At 4:30 a.m. on Nov. 11, Bankman-Fried ultimately agreed to step
aside, and restructuring vet John J. Ray III was quickly named new
CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought Chapter 11 protection on Nov. 14, 2022.
FTX Trading and its affiliates each listed $10 billion to $50
million in assets and liabilities, making FTX the biggest
bankruptcy filer in the US this year. According to Reuters, SBF
shared a document with investors on Nov. 10 showing FTX had $13.86
billion in liabilities and $14.6 billion in assets. However, only
$900 million of those assets were liquid, leading to the cash
crunch that ended with the company filing for bankruptcy.
The Hon. John T. Dorsey is the case judge.
The Debtors tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Landis Rath & Cobb, LLP as local counsel; and Alvarez & Marsal
North America, LLC as financial advisor. Kroll is the claims
agent,
maintaining the page https://cases.ra.kroll.com/FTX/Home-Index
The official committee of unsecured creditors tapped Paul Hastings
as bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP as
Delaware and conflicts counsel; FTI Consulting, Inc. as financial
advisor; and Jefferies, LLC as investment banker.
Montgomery McCracken Walker & Rhoads LLP, led by partners Gregory
T. Donilon, Edward L. Schnitzer, and David M. Banker, is
representing Sam Bankman-Fried in the Chapter 11 cases. White
collar crime specialist Mark S. Cohen has reportedly been hired to
represent SBF in litigation. Lawyers at Paul Weiss previously
represented SBF but later renounced representing the entrepreneur
due to a conflict of interest.
GENESIS HEALTHCARE: Creditors Contest Insider Deal, Plan to Sue
---------------------------------------------------------------
James Nani of Bloomberg Law reports that the creditors of bankrupt
Genesis Healthcare Inc. are challenging the company's decision to
sell its assets to an insider-backed buyer, disputing the
legitimacy of the secured debt behind the bid. At the same time,
sexual abuse claimants and other stakeholders are asking the court
to appoint an independent examiner to scrutinize the auction
process and determine whether the transaction was conducted
fairly.
The unsecured creditors committee also requested court approval to
pursue litigation against several Genesis insiders, including
healthcare entrepreneur Joel Landau and real estate investment
trust Welltower Inc. The committee estimates potential claims
exceed $150 million and further argued that the proposed sale
undervalues the estate's assets, raising questions about conflicts
of interest and the debtor's chosen restructuring path, the report
states.
About Genesis Healthcare Inc.
Based in Culver City, Calif., Genesis Healthcare Inc. is a medical
group that provides physician services in Southern California.
Genesis Healthcare has operated under the names Daehan Prospect
Medical Group and Prospect Genesis Healthcare.
Genesis Healthcare Inc. and several affiliated debtors sought
relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Tex. Lead Case 25-80185) on July 9, 2025. In its petition, Genesis
Healthcare Inc. listed between $1 billion and $10 billion in
estimated assets and liabilities.
The Hon. Bankruptcy Judge Stacey G. Jernigan handles the jointly
administered cases.
The Debtors employed McDermott Will & Schulte LLP as counsel;
Jefferies LLC as investment banker; and Ankura Consulting Group,
LLC, as restructuring advisors, and designated Louis E. Robichaux
IV and Russell A. Perry as co-chief restructuring officers. Katten
Muchin Rosenman LLP serves as special counsel at the sole direction
of Jonathan Foster and Elizabeth LaPuma in their capacity as
independent directors and members of the special investigation
committee.
The U.S. Trustee appointed an official committee of unsecured
creditors in the Chapter 11 cases of Genesis Healthcare Inc. and
affiliates. The Committee retained Proskauer Rose LLP and Stinson
LLP as its co-counsel; FTI Consulting, Inc., as its financial
advisors; and Houlihan Lokey Capital, Inc. as its investment
banker.
The U.S. Trustee also appointed:
-- Melanie Cyganowski of Otterbourg, PC as patient care
ombudsman for the healthcare facilities listed at
https://is.gd/uSxEBx She tapped Otterbourg as her counsel.
-- Susan Goodman of Pivot Health Law as PCO for the healthcare
facilities listed at https://is.gd/M5zlls. She is represented by
Kane Russell Coleman Logan PC as counsel.
-- Suzanne Koenig of SAK Healthcare as PCO for the healthcare
facilities listed at https://is.gd/qv5SwV. She is represented by
Greenberg Traurig, LLP, as counsel. SAK Management Services, LLC
d/b/a SAK Healthcare serves as her medical operations advisor.
Brown Rudnick LLP and Stutzman, Bromberg, Esserman, & Plifka, PC
represent an ad hoc group of holders of personal injury and
wrongful death claims. Whitaker Chalk Swindle & Schwartz represents
a personal injury claimant and six wrongful death claimants.
GENESIS HEALTHCARE: Rochelle McCullough Represents Tort Claimants
-----------------------------------------------------------------
In the Chapter 11 bankruptcy cases of Genesis Healthcare, Inc., and
its debtor-affiliates, Rochelle McCullough, LLP, Reddick Law, PLLC,
and Hughes & Coleman Injury Lawyers, filed with the United States
Bankruptcy Court for the Northern District of Texas, Dallas
Division, a Verified Statement pursuant to Federal Rule of
Bankruptcy Procedure 2019 to inform the Court that the law firms
represent tort claimants holding personal injury or wrongful death
claims against the Debtors.
According to the Verified Statement:
1. Counsel represents only the Claimants and does not
represent, or purport to represent, any other entity in connection
with the Debtors' bankruptcy cases. Upon information and belief
formed after due inquiry, Counsel does not hold any claim against,
or interests in, the Debtors or their estates.
2. On August 18, 2025, the Claimants, represented by Reddick,
retained Rochelle McCullough to represent them as bankruptcy
counsel in connection with the Debtors' bankruptcy cases.
3. On October 21, 2025, the Claimants, represented by Hughes &
Coleman, retained Rochelle McCullough to represent them.
4. Nothing contained in this Statement is intended to, or
should be construed (i) to waive any Claimants' right to have any
final order entered by, or other exercise of the judicial power of
the United States performed by, an Article III court; (ii) to waive
any Claimants' right to have final orders in non-core matters
entered only after de novo review by a United States District
Judge; (iii) as consent to the jurisdiction of the Court over any
matter; (iv) as an election of remedy by any of the Claimants; (v)
as a waiver of any of the Claimants' rights to trial by jury in any
proceeding so triable; (vi) as a waiver of any of the Claimants'
right to have the reference withdrawn in any matter subject to
mandatory or discretionary withdrawal; (viii) as a waiver of any
privilege or protection against disclosure, including, without
limitation, the attorney-client privilege or the attorney work
product doctrine; (ix) an admission with respect to any fact or
legal theory; or (x) as a waiver of any other rights, claims,
actions, defenses, setoffs, or recoupments to which the Claimants
or Counsel may be entitled under agreements, in law, or in equity,
all of which rights, claims, actions, defenses, setoffs, and
recoupments are expressly reserved.
The names, addresses, nature of economic interest, and amount of
disclosable economic interests in relation to the Debtors of each
of the Claimants are:
1. Beatha Adams
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury/Wrongful
Death Claim for at
Least $250,000.00
Other Disclosable Economic Interests: N/A
2. Joanne Almeda
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $150,000.00
Other Disclosable Economic Interests: N/A
3. Linda Andrews
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury for
at Least $75,000.00
Other Disclosable Economic Interests: N/A
4. Belen Avilucea
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $41,141.81
Other Disclosable Economic Interests: N/A
5. Angel Baca
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $3,689.56
Other Disclosable Economic Interests: N/A
6. Herman Baca
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $275,000.00
Other Disclosable Economic Interests: N/A
7. Carol Baldwin
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury Claim
for at Least $125,000.00
Other Disclosable Economic Interests: N/A
8. Lorraine Barboan
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $490,000.00
Other Disclosable Economic Interests: N/A
9. Goldie Brown
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $12,674.37
Other Disclosable Economic Interests: N/A
10. James Byndas
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $750,000.00
Other Disclosable Economic Interests: N/A
11. Peggy Candelaria
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $5,332.41
Other Disclosable Economic Interests: N/A
12. Lucita Charley
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim in an
Unliquidated Amount
Other Disclosable Economic Interests: N/A
13. Esther Chavarria
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $266,666.67
Other Disclosable Economic Interests: N/A
14. Zevoro Chavez
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim in an
Unliquidated Amount
Other Disclosable Economic Interests: N/A
15. John Clark c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $275,000.00
Other Disclosable Economic Interests: N/A
16. Charles Cooksey
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury/Wrongful
Death Claim for at
Least $300,000.00
Other Disclosable Economic Interests: N/A
17. Daniel Cordova
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $1,697.84
Other Disclosable Economic Interests: N/A
18. Pauline Dages
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $300,000.00
Other Disclosable Economic Interests: N/A
19. James Eckardt
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $750,000.00
Other Disclosable Economic Interests: N/A
20. Michelle Esidro
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $1,356.02
Other Disclosable Economic Interests: N/A
21. Robert Felix
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim in an
Unliquidated Amount
Other Disclosable Economic Interests: N/A
22. Teresa Gabaldon
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $183,334.00
Other Disclosable Economic Interests: N/A
23. Ariana Gala
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim in an
Unliquidated Amount
Other Disclosable Economic Interests: N/A
24. Cindy George
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $1,853.50
Other Disclosable Economic Interests: N/A
25. Michael Gibbs
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $400,000.00
Other Disclosable Economic Interests: N/A
26. Catherine Gilbert
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $4,211.88
Other Disclosable Economic Interests: N/A
27. Eileen Gutierrez
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $2,871.07
Other Disclosable Economic Interests: N/A
28. Rudolph Hager
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $2,034.01
Other Disclosable Economic Interests: N/A
29. Janetta Hanks
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury/Wrongful
Death Claim for at
Least $175,000.00
Other Disclosable Economic Interests: N/A
30. Marie Head
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $4,262.20
Other Disclosable Economic Interests: N/A
31. Geneva Henson
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury/Wrongful
Death Claim for at
Least $125,000.00
Other Disclosable Economic Interests: N/A
32. Leta Hoffman
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $20,303.58
Other Disclosable Economic Interests: N/A
33. Debra Howard
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury Claim
for at Least $180,000.00
Other Disclosable Economic Interests: N/A
34. Carter Johnson
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $16,654.32
Other Disclosable Economic Interests: N/A
35. Elizabeth Johnson
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $300,000.00
Other Disclosable Economic Interests: N/A
36. Fred Joiner
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury/Wrongful
Death Claim for at
Least $70,000.00
Other Disclosable Economic Interests: N/A
37. Charles Jones
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $1,573.76
Other Disclosable Economic Interests: N/A
38. Lena Jones
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $2,089.74
Other Disclosable Economic Interests: N/A
39. Martha Viola Jones
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $245.98
Other Disclosable Economic Interests: N/A
40. Mary Jane Keen
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury Claim
for at Least $125,000.00
Other Disclosable Economic Interests: N/A
41. Joseph Kenney
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $50,000.00
Other Disclosable Economic Interests: N/A
42. Ross Kinsel
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $87.34
Other Disclosable Economic Interests: N/A
43. Christopher Lloyd
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $315.00
Other Disclosable Economic Interests: N/A
44. Sandra Long
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $325,000.00
Other Disclosable Economic Interests: N/A
45. Charlize Lucero
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim in an
Unliquidated Amount
Other Disclosable Economic Interests: N/A
46. Shahriyar Mansoor
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $4,321.73
Other Disclosable Economic Interests: N/A
47. Bessie Mark
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $450,000.00
Other Disclosable Economic Interests: N/A
48. Antonio Martinez
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim in an
Unliquidated Amount
Other Disclosable Economic Interests: N/A
49. Roberto Martinez
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim in an
Unliquidated Amount
Other Disclosable Economic Interests: N/A
50. Michael McKnight
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury/Wrongful
Death Claim for at
Least $100,000.00
Other Disclosable Economic Interests: N/A
51. Maxine Melendez
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $400,000.00
Other Disclosable Economic Interests: N/A
52. Lois Mullins
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury/Wrongful
Death Claim for at
Least $275,000.00
Other Disclosable Economic Interests: N/A
53. Margaret Pacheco
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim in an
Unliquidated Amount
Other Disclosable Economic Interests: N/A
54. Delores Padilla
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $5,314.61
Other Disclosable Economic Interests: N/A
55. Elsie Parker
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $416,667.00
Other Disclosable Economic Interests: N/A
56. Manuel Parra
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $1,314.74
Other Disclosable Economic Interests: N/A
57. Lorraine Pena
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $200,000.00
Other Disclosable Economic Interests: N/A
58. Shirley Perkins
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury Claim
for at Least $175,000.00
Other Disclosable Economic Interests: N/A
59. Clyde Phelps
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $5,110.99
Other Disclosable Economic Interests: N/A
60. Owen Phelps
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $5,110.99
Other Disclosable Economic Interests: N/A
61. Voncile Pursifull
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $5,468.96
Other Disclosable Economic Interests: N/A
62. Donnie Reese
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $3,196.36
Other Disclosable Economic Interests: N/A
63. Manuel Renteria
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $350,000.00
Other Disclosable Economic Interests: N/A
64. Georgene Runge
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $4,711.07
Other Disclosable Economic Interests: N/A
65. Gloria Sanchez
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $41,578.96
Other Disclosable Economic Interests: N/A
66. Maria Sanchez
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim in an
Unliquidated Amount
Other Disclosable Economic Interests: N/A
67. Thomas Scott
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury/Wrongful
Death Claim for at
Least $250,000.00
Other Disclosable Economic Interests: N/A
68. Ted Serrano
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least
Other Disclosable Economic Interests: N/A
69. Vivian Silas
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $3,477.36
Other Disclosable Economic Interests: N/A
70. Lloyd Sillas
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $3,426.60
Other Disclosable Economic Interests: N/A
71. Matthew Sullivan
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury Claim
for at Least $1,839.02
Other Disclosable Economic Interests: N/A
72. Darlene Tracy
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury/Wrongful
Death Claim for at
Least $490,000.00
Other Disclosable Economic Interests: N/A
73. Donna VanHoltz
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $3,573.32
Other Disclosable Economic Interests: N/A
74. Belen Viramontes
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $21,935.40
Other Disclosable Economic Interests: N/A
75. Karen Weed
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $2,949.08
Other Disclosable Economic Interests: N/A
76. Dorothy Whitman
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, Kentucky 42104
Personal Injury/Wrongful
Death Claim for at
Least $200,000.00
Other Disclosable Economic Interests: N/A
77. Diane Wilkins
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $30,037.75
Other Disclosable Economic Interests: N/A
78. Laura Williams
c/o Brian Reddick
Reddick Law, PLLC
One Information Way
Little Rock, AR 72202
Personal Injury/Wrongful
Death Claim for at
Least $16,519.55
Other Disclosable Economic Interests: N/A
79. James Wilson
c/o Ashley N. Lee
Hughes & Coleman Injury Lawyers
1256 Campbell Lane # 201
Bowling Green, KY 42104
Personal Injury Claim
for at Least $35,000.00
Other Disclosable Economic Interests: N/A
The firms may be reached at:
Kevin D. McCullough, Esq.
Shannon S. Thomas, Esq.
Bryan L. Rochelle, Esq.
ROCHELLE MCCULLOUGH, LLP
901 Main Street, Suite 3200
Dallas, TX 75202
Tel: (214) 953-0182
Fax: (888) 467-5979
E-mail: kdm@romclaw.com
sthomas@romclaw.com
bryan.rochelle@romclaw.com
- and -
Brian Reddick, Esq.
REDDICK LAW, PLLC
One Information Way, Suite 105
Little Rock, AR 72202
Tel: (877) 907-7790
Fax: (501) 907-7793
E-mail: brian@reddicklawfirm.com
- and -
Rachel Masters, Esq.
Ashley N. Lee, Esq.
HUGHES & COLEMAN INJURY LAWYERS
1256 Campbell Lane, Suite 201
Bowling Green, KY 42104
Tel: (270) 843-8163
E-mail: rmasters@hughesandcoleman.com
alee@hughesandcoleman.com
About Genesis Healthcare Inc.
Based in Culver City, Calif., Genesis Healthcare Inc. is a medical
group that provides physician services in Southern California.
Genesis Healthcare has operated under the names Daehan Prospect
Medical Group and Prospect Genesis Healthcare.
Genesis Healthcare Inc. and several affiliated debtors sought
relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Tex. Lead Case 25-80185) on July 9, 2025. In its petition, Genesis
Healthcare Inc. listed between $1 billion and $10 billion in
estimated assets and liabilities.
The Hon. Bankruptcy Judge Stacey G. Jernigan handles the jointly
administered cases.
The Debtors employed McDermott Will & Schulte LLP as counsel;
Jefferies LLC as investment banker; and Ankura Consulting Group,
LLC, as restructuring advisors, and designated Louis E. Robichaux
IV and Russell A. Perry as co-chief restructuring officers. Katten
Muchin Rosenman LLP serves as special counsel at the sole
direction
of Jonathan Foster and Elizabeth LaPuma in their capacity as
independent directors and members of the special investigation
committee.
The U.S. Trustee appointed an official committee of unsecured
creditors in the Chapter 11 cases of Genesis Healthcare Inc. and
affiliates. The Committee retained Proskauer Rose LLP and Stinson
LLP as its co-counsel; FTI Consulting, Inc., as its financial
advisors; and Houlihan Lokey Capital, Inc. as its investment
banker.
The U.S. Trustee also appointed:
-- Melanie Cyganowski of Otterbourg, PC as patient care
ombudsman for the healthcare facilities listed at
https://is.gd/uSxEBx She tapped Otterbourg as her counsel.
-- Susan Goodman of Pivot Health Law as PCO for the healthcare
facilities listed at https://is.gd/M5zlls. She is represented by
Kane Russell Coleman Logan PC as counsel.
-- Suzanne Koenig of SAK Healthcare as PCO for the healthcare
facilities listed at https://is.gd/qv5SwV. She is represented by
Greenberg Traurig, LLP, as counsel. SAK Management Services, LLC
d/b/a SAK Healthcare serves as her medical operations advisor.
Brown Rudnick LLP and Stutzman, Bromberg, Esserman, & Plifka, PC
represent an ad hoc group of holders of personal injury and
wrongful death claims. Whitaker Chalk Swindle & Schwartz represents
a personal injury claimant and six wrongful death claimants.
GIAPREET LLC: Voluntary Chapter 11 Case Summary
-----------------------------------------------
Debtor: Giapreet LLC
1478 Old Country Road
Plainview, NY 11803
Business Description: Giapreet LLC owns and leases multiple
industrial and commercial properties in New
York and New Jersey, including facilities at
1478 Old Country Road, Plainview, NY; 40
Ranick Road, Hauppauge, NY; 70 Austin
Boulevard, Commack, NY; and 1467 Route 31,
Annandale, NJ, with a total market value of
approximately $26.7 million.
Chapter 11 Petition Date: December 4, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-74654
Judge: Hon. Louis A. Scarcella
Debtor's Counsel: Marc A. Pergament, Esq.
WEINBERG, GROSS & PERGAMENT LLP
400 Garden City Plaza, Suite 309
Gardon City, NY 11530
Tel: (516) 877-2424
Fax: (516) 877-2460
E-mail: mpergament@wgplaw.com
Total Assets: $26,789,926
Total Liabilities: $35,042,000
The petition was signed by Amardeep Singh as member.
The Debtor confirmed in the petition that there are no unsecured
creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/DMAUF7A/Giapreet_LLC__nyebke-25-74654__0001.0.pdf?mcid=tGE4TAMA
GLASS MANAGEMENT: Court Extends Cash Collateral Access to Jan. 7
----------------------------------------------------------------
Glass Management Services, Inc. received another extension from the
U.S. Bankruptcy Court for the Northern District of Illinois to use
the cash collateral of Old National Bank.
The Debtor was authorized to use cash collateral until January 7,
2026, to pay the expenses set forth in its budget, plus an amount
not to exceed 10% for each line item
The Debtor projects total operational expenses of $211,808.71 for
December.
Old National Bank's interest in the assets will be protected by
replacement liens on post-petition assets, according to the interim
order penned by Judge Janet Baer.
The bank will also be granted a superpriority administrative
expense claim in case of diminution in value of its collateral and
will continue to receive monthly payments of $30,000 from the
Debtor, which the bank can automatically debit from the Debtor's
account. The monthly payments started in December last year.
As further protection, the Debtor was ordered to keep the bank's
collateral insured.
The next hearing is scheduled for January 7, 2026.
Old National Bank is the holder of two loans made to the Debtor.
The loans are secured by a first priority security interest over
all business assets of the Debtor granted to the bank.
As of September 25, 2024, the balance due in the aggregate against
each of the loans was not less than $4,046,480.56.
About Glass Management
Glass Management Services, Inc. is a construction contractor based
in Illinois, specializing in glazing services. Established with a
focus on high-profile projects, the company has been involved in
significant developments, including the Obama Presidential Library,
Terminal 5 at O'Hare Airport, and multiple Chicago Public Schools
and CTA transit stations.
Glass Management Services sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-14036) with
$3,029,997 in assets and $11,989,444 in liabilities. Ernest B.
Edwards, president of Glass Management Services, signed the
petition.
Judge Janet S. Baer presides the case.
The Debtor tapped David P. Leibowitz, Esq., at Leibowitz, Hiltz &
Zanzig, LLC as bankruptcy counsel and Allocco, Miller & Cahill, PC
as special labor counsel.
Old National Bank, as secured creditor, is represented by:
Adam B. Rome, Esq.
Greiman, Rome, & Griesmeyer, LLC
205 W. Randolph St., Ste. 2300
Chicago, IL 60606
Phone: 312-428-2750
arome@grglegal.com
GOOD WORKS: Amends U.S. Bank Trust Secured Claim Pay
----------------------------------------------------
Good Works Housing, LLC submitted an Amended Plan of Reorganization
for Small Business dated December 2, 2025.
The Debtor will have sufficient financial resources over the life
of the Plan to make the required Plan payments, to pay
administrative costs, and to operate the Debtor's business, under
the terms of this Amended Plan.
The Debtor will derive the funds necessary to fund the Plan as well
as ongoing business operations from a combination of rental
revenues and proceeds from property sales.
In addition to the rental revenues, the Debtor plans to sell one
property, 47th and to use the proceeds both to address mortgage
delinquencies and to fund additional property acquisitions in order
to generate additional rental revenues that will help fund the
Plan.
The Debtor had planned to sell Salford but the prospective buyer's
financing was not approved at the level expected, and therefore the
Debtor has decided to retain Salford and refinance the matured loan
on the property. An agreement of sale has been entered into for
47th, and a Stipulation has been reached with the first mortgage
lender, as well as the second mortgage lender that will facilitate
the sale of the property. However, closing will be scheduled within
several months but before May 4, 2026, due to a contingency in the
tentative agreement of sale under which the Debtor must obtain
zoning approval for three rental units in the property.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of between $7,350.00 and
$8,700.00 monthly (less post-petition mortgage payments, real
estate taxes and insurance cost).
This Plan of Reorganization proposes to pay creditors of the Debtor
from sale of assets, cash flow from operations, and/or future
income.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 100 cents on the dollar. This Plan also provides
for full payment of administrative expenses/claims and priority
claims.
Class 3 consists of the Secured claim of the U.S. Bank Trust
Company, N.A., as Trustee for Velocity Commercial Capital Loan
Trust 2023-1. This Class 3 creditor is impaired by this Plan in
that the Debtor will refinance or sell the property securing the
mortgage loan and pay off the loan at no greater than the fair
market value of the property.
Like in the prior iteration of the Plan, Class 5 Non-priority
unsecured creditors shall be paid in full after full payment to
Classes 1 through 4 creditors, if claims of any such creditors are
allowed. This Class is impaired.
No payment to be made to equity security holders of the Debtor
under this Plan of Reorganization; equity security holders will
realize their claims by retaining their interest in the Debtor and
the retained net worth of the reorganized Debtor.
The primary means for the Debtor to fund implementation of this
Plan, including both prepetition and post-petition obligations is
the rental income received from tenants of the Debtor's
properties.
The Debtor is in the process of selling at least one property,
47th, which is under an agreement of sale for which the Debtor will
be seeking Court approval promptly upon receiving approval of the
zoning variance necessary for the Debtor's financing to receive
final approval. The Debtor expects to close on the sale of 47th no
later than May 4, 2026 (which could be extended no more than thirty
additional days under the terms of the Stipulation between the
Debtor and the first mortgage lender.
As each property is sold and the sale is approved by the Court, the
proceeds will be applied after costs of sale first to pay the full
agreed payoff amount or allowed claim amounts of the mortgage
lender(s) attributable to such property and the full allowed claim
amounts of the City of Philadelphia Water Revenue Bureau, second to
pay the full allowed claim amount of Philadelphia Community
Development Coalition, Inc., third to pay the agreed claim of
FirstTrust Bank, and fourth, the Debtor may use any remaining
proceeds for acquisition of additional real estate.
The Debtor expects to refinance the first mortgage loan of U.S.
Bank on Dauphin or sell the property within four months of
confirmation.
The Debtor will make payments under this Plan of Reorganization of
$1,000.00 per month beginning thirty days after confirmation to the
extent of any remaining unpaid allowed claims after the sale and
refinancing. Such payments under the Plan will continue, primarily
to fund administrative costs, for the number of months needed to
cover all allowed administrative costs, and up to a total of
thirty-six months if funds are needed in addition to the proceeds
from the sale and refinancing described herein to pay all secured
claims either as agreed with the lienholder or as allowed by the
Court. The final Plan payment is expected to be paid as soon as six
months after confirmation, but in any event, no later than on or
about November 1, 2028.
A full-text copy of the Amended Plan dated December 2, 2025 is
available at https://urlcurt.com/u?l=PXPXb5 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Roger V. Ashodian, Esq.
Regional Bankruptcy Center of Southeastern PA, PC
101 West Chester Pike, Suite 1A
Havertown, PA 19083
Telephone: (610) 446-6800
About Good Works Housing
Good Works Housing LLC filed its voluntary Chapter 11 petition
(Bankr. E.D. Pa. Case No. 25-12224) on June 2, 2025, listing up to
$1 million in both assets and liabilities.
Judge Derek J. Baker oversees the case.
Roger V. Ashodian, Esq., at Regional Bankruptcy Center of
Southeastern PA, PC, serves as the Debtor's counsel.
GROUNDWORKS LLC: Moody's Affirms 'B3' CFR, Outlook Remains Stable
-----------------------------------------------------------------
Moody's Ratings affirmed Groundworks, LLC's (Groundworks) B3
corporate family rating, the B3-PD probability of default rating,
and the B3 ratings assigned to its senior secured first lien bank
credit facility, including the $100 million senior secured first
lien revolving credit facility due March 2029, the $1.265 billion
senior secured first lien term loan due March 2031 (including the
proposed $450 million add on), and the $150 million senior secured
first lien delayed draw term loan due March 2031. The outlook
remains stable.
On December 01, 2025, Groundworks announced plans to issue a $450
million fungible add-on to its existing $805 million senior secured
first lien term loan due March 2031, increasing the outstanding
balance of the senior secured first lien term loan to about $1.26
billion. The company will use the net proceeds alongside cash from
its balance sheet to fund a $500 million distribution to
shareholders and pay associated transaction fees. As part of the
transaction, the company also upsized its senior secured revolving
credit facility to $100 million from $65 million. As of the period
ending September 2025, there were no outstanding borrowings on the
revolver, while $24 million was drawn on the $150 million first
lien delayed draw term loan.
The affirmation of the B3 ratings with a stable outlook reflects
continued steady demand within the residential foundation repair
and water management services industry, resulting in strong
top-line growth, stable margins, and positive free cash flow
generation despite current weakness in US residential repair and
replacement demand. The stable outlook reflects Moody's
expectations that the company will maintain credit metrics at
levels consistent with its B3 CFR over the next 12-18 months. On a
pro forma basis, Moody's expects debt-to-EBITDA, including Moody's
standard adjustments, to increase to 7.3x from 6.8x (as of
September 2025) before improving to around 6.5x range over the next
12-18 months. Moody's expects interest cover to improve towards
2.0x in 2026 from 1.3x EBITA/interest expense as of September 30,
2025, supported by expected improvements in revenue and profit
margins. The debt-funded distribution is, however, reducing the
headroom for an unexpected deterioration in credit metrics.
RATINGS RATIONALE
Groundworks' B3 CFR reflects the company's high leverage, the
announced debt-financed distribution to its sponsor and an
aggressive growth through debt-funded acquisition strategy. The
rating also reflects the fragmented market Groundworks operates in
with low barriers to entry, increasing the likelihood of further
consolidation and competition. The company's residential foundation
repair and water management service offerings are also largely
one-time in nature, which creates the need to acquire customers.
The rating benefits from Groundworks' scale in a competitive and
fragmented industry. The company leverages its footprint and
established relationships along the supply chain to receive
products at competitive prices and meet customer demand.
Groundworks also has a larger geographic presence than smaller
competitors such as general contractors and regional providers,
which leads to customer diversification. Residential foundation
repair and water management services are less discretionary in
nature, providing steady demand throughout economic cycles.
Therefore, the company has been less impacted by continued soft
residential and replacement demand with limited prospects for a
material recovery in 2026.
Moody's expects Groundworks will maintain good liquidity over the
next 12-15 months. The company's liquidity is supported by $93
million of cash on hand as of September 30, 2025 before the
debt-financed dividend transaction, full availability under its
upsized $100 million senior secured first lien revolving credit
facility due March 2029, and $126 million of additional capacity
from its $150 million first lien delayed draw term loan due March
2031.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if Groundworks' debt-to-EBITDA is
sustained above 7.0x, if EBITA-to-interest expense falls below
1.0x, or if liquidity deteriorates.
The ratings could be upgraded if Groundworks' debt-to-EBITDA is
sustained below 6.0x, if EBITA-to-interest expense is sustained
above 2.0x, if the company maintains good liquidity, and if the
company adopts a more conservative financial policy.
Headquartered in Virginia Beach, Virginia, Groundworks, LLC
(Groundworks) provides residential foundation repair and water
management services including basement waterproofing and crawl
space encapsulation. Affiliates of KKR & Co. acquired a majority
ownership of Groundworks in March 2023. The company generated about
$1.4 billion in revenue during the last twelve-month period ending
September 30, 2025.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Groundworks' assigned B3 CFR is in line with the
scorecard-indicated outcome for the 12 month period ended September
30, 2025 but two notches below the scorecard indicated outcome of
B1 for Moody's 12-18 month forward view. The difference reflects
execution risk related to the company achieving its ambitious
near-term margin expansion target, as well as the company's
aggressive financial policy, specifically the recent debt-funded
dividend distribution and its growth through debt-funded
acquisitions strategy.
HANESBRANDS INC: S&P Withdraws 'B+' ICR on Acquisition by Gildan
----------------------------------------------------------------
S&P Global Ratings withdrew all its ratings on Hanesbrands Inc.,
including the 'B+' issuer credit rating, 'BB-' issue-level rating
on its senior secured debt, and 'B+' issue-level rating on its
senior unsecured debt.
Canada-based basic apparel manufacturer Gildan Activewear Inc.
(BBB-/Stable/--) has completed the acquisition of U.S.-based
Hanesbrands Inc. In connection with that, Hanesbrands repaid all
outstanding obligations under its credit agreement (senior secured
revolving credit facility, senior secured term loan A, and senior
secured term loan B). Hanesbrands has also elected to redeem all
its 9% senior notes due 2031.
S&P's rating was on CreditWatch positive at the time of the
withdrawal.
HEADWAY WORKFORCE: Court Okays Waldrep Wall's Fee Application
-------------------------------------------------------------
Judge Joseph N. Callaway of the United States Bankruptcy Court for
the Eastern District of North Carolina approved the application of
Waldrep Wall Babcock & Bailey PLLC, counsel for the Official
Committee of Unsecured Creditors of Headway Workforce Solutions,
Inc., for approval of compensation and reimbursement of expenses
pursuant to 11 U.S.C. Sec. 503(b) of the Bankruptcy Code.
The Court finds that the rates charged and services rendered by
counsel for the Committee are reasonable and just considering the
guidelines for determining the appropriateness of attorney's fees.
The firm of Waldrep Wall Babcock & Bailey PLLC is allowed
compensation in the amount of $169,572.20, and, in accordance with
the Standing Order Regarding Professional Fees, is to be paid by
the Debtors $136,527.40, representing 80% of the total amount of
fees and 100% of the expenses incurred for the period of June 2,
2025 through September 30, 2025.
A copy of the Court's Order dated November 24, 2025, is available
at https://urlcurt.com/u?l=uXkoiK from PacerMonitor.com.
About Headway Workforce Solutions
Headway Workforce Solutions, Inc., sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No.
25-01682-5-JNC) on May 5, 2025. In the petition signed by Brendan
Flood, chief executive officer, the Debtor disclosed up to $50
million in both assets and liabilities.
Judge Joseph N. Callaway oversees the case.
Rebecca Redwine Grow, Esq., at Hendren, Redwine & Malone, PLLC, is
the Debtor's legal counsel.
Noor Staffing Group, LLC, as DIP lender, is represented by Pamela
P. Keenan, Esq., at Kirschbaum, Nanney, Keenan & Griffin, P.A.
HERC HOLDINGS: Moody's Rates New $1.2BB Sr. Unsecured Notes 'Ba3'
-----------------------------------------------------------------
Moody's Ratings assigned a Ba3 rating to Herc Holdings Inc.'s
(Herc), planned $1.2 billion senior unsecured notes. The company's
other ratings, including its Ba2 corporate family rating, Ba2-PD
probability of default rating, Baa3 senior secured bank credit
facility rating and Ba3 senior unsecured rating are unaffected. The
outlook is negative. The speculative grade liquidity rating remains
unchanged at SGL-2.
Herc plans to use the proceeds from the senior unsecured notes to
fund the redemption of all $1.2 billion 5.5% senior unsecured notes
due 2027. The rating on the existing $1.2 billion 5.5% senior
unsecured notes due 2027 will be withdrawn upon redemption.
RATINGS RATIONALE
The ratings reflect Herc's position as one of the largest equipment
rental companies in the highly fragmented North American market
supported by a sizeable fleet of rental equipment. The ratings also
reflect Moody's views that the acquisition of H&E, which closed in
June 2025, will strengthen Herc's position in the rental equipment
sector while also placing temporary pressure on its credit metrics
because of the considerable increase in debt. On a pro forma basis,
Moody's expects debt-to-EBITDA to be approximately 4.0x at the end
of 2025. Moody's expects the company to focus on reducing leverage
from this level through debt reduction and EBITDA growth. While
Moody's anticipates that leverage will decline, it will remain high
over the next 12 to 18 months.
Herc has high exposure to cyclical end markets, most notably
non-residential construction, industrial construction, and oil and
gas. These exposures can result in volatility in revenue and
profitability. The company also needs to continue to invest and
grow its rental equipment fleet to remain competitive and increase
its scale, even after the H&E acquisition.
The negative outlook reflects Moody's expectations for high
debt-to-EBITDA following the largely debt funded acquisition of
H&E. Moody's expects debt-to-EBITDA to remain above 3.0x through
the end of 2027. Herc's ability to reduce leverage is highly
dependent on stabilization of rental demand in its local markets,
the successful execution and realization of revenue and acquisition
synergies and management's operational initiatives.
The SGL-2 speculative grade liquidity rating reflects Moody's
expectations that Herc will maintain good liquidity. Liquidity is
supported by availability of $1.7 billion on the $4.0 billion
unrated ABL, which will expire in 2030. Herc holds a modest cash
position. Moody's expects positive free cash flow, calculated
including proceeds from the sale of rental equipment. The ABL has a
springing fixed coverage ratio of 1.0x if availability falls below
a specific threshold.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if Herc's debt-to-EBITDA is
expected to be sustained in excess of 3.0x or EBITDA margin
declines to the low-40% range either because of declining rental
demand or the inability to successfully integrate H&E and realize
expected synergies. The ratings could also be downgraded if the
company engages in additional debt funded acquisitions that
significantly alter the company's strategy or capital structure
prior to reducing leverage from the H&E acquisition. Also, if there
is a meaningful deterioration in liquidity the ratings could be
downgraded.
The ratings could be upgraded if debt-to-EBITDA is sustained around
2.0x, EBITDA margin is sustained above 50% and if Herc can further
increase its size and scale. Reduced reliance on the ABL and
sustainable free cash flow to fund growth initiatives could also
result in a rating upgrade.
The principal methodology used in these ratings was Equipment and
Transportation Rental published in October 2025.
Headquartered in Bonita Springs, Florida, Herc Holdings Inc. is the
parent company of Herc Rentals Inc. ("Herc" NYSE: HRI). Herc is an
equipment rental company with more than 600 branches in North
America. Herc also has a small presence in Canada. Herc's basic
fleet includes aerial work platforms, earthmoving and material
handling equipment, trucks and trailers, air compressors,
compaction and lighting. Herc's specialty fleet includes its
ProContractor professional grade tools and ProSolutions offerings,
which consists of power generation, climate control, remediation
and restoration and studio and production equipment.
HERTZ GLOBAL: DOJ Urges Supreme Court to Deny Chapter 11 Appeal
---------------------------------------------------------------
Vince Sullivan of Law360 reports that the U.S. Solicitor General
urged the Supreme Court on Wednesday, December 3, 2025, not to hear
an appeal from Hertz Corporation regarding a $272 million
make-whole payment dispute. In a brief filed late Wednesday, the
government said the appellate court correctly determined that the
reorganized debtor is required to make the payment to its unsecured
creditors.
According to the Solicitor General, the circuit court's ruling
aligns with established bankruptcy law and ensures that the
interests of unsecured creditors are protected. The government
recommended that the Supreme Court allow the lower court's decision
to stand without further review, the report states.
About Hertz Corp.
Hertz Corp. and its subsidiaries -- http://www.hertz.com/--
operate a worldwide vehicle rental business under the Hertz,
Dollar, and Thrifty brands, with car rental locations in North
America, Europe, Latin America, Africa, Asia, Australia, the
Caribbean, the Middle East, and New Zealand. They also operate a
vehicle leasing and fleet management solutions business.
On May 22, 2020, The Hertz Corporation and certain of its U.S. and
Canadian subsidiaries and affiliates filed voluntary petitions for
reorganization under Chapter 11 in the U.S. Bankruptcy Court for
the District of Delaware (Bankr. D. Del. Case No. 20-11218).
Judge Mary F. Walrath oversees the cases.
The Debtors have tapped White & Case LLP as their bankruptcy
counsel, Richards, Layton & Finger, P.A., as local counsel, Moelis
& Co. as investment banker, and FTI Consulting as financial
advisor. The Debtors also retained the services of Boston
Consulting Group to assist the Debtors in the development of their
business plan. Prime Clerk LLC is the claims agent.
The U.S. Trustee for Regions 3 and 9 appointed a Committee to
represent unsecured creditors in Debtors' Chapter 11 cases. The
Committee has tapped Kramer Levin Naftalis & Frankel LLP as its
bankruptcy counsel, Benesch Friedlander Coplan & Aronoff LLP as
Delaware counsel, UBS Securities LLC as investment banker, and
Berkeley Research Group, LLC, as financial advisor. Ernst & Young
LLP provides audit and tax services to the Committee.
* * *
Hertz Global and its subsidiaries emerged from Chapter 11
bankruptcy at the end of June 2021. Hertz won approval of a Plan of
Reorganization that unimpaired all classes of creditors (who are
legally deemed to have accepted it) and was approved by more than
97% of voting shareholders. The Plan provided for the existing
shareholders to receive more than $1 billion of value.
Recovery by shareholders of close to $8 a share was made possible
after a fierce competition among bidders for control in the
company. Initial offers from potential bidders for Hertz in its
bankruptcy offered nothing for equity. Hertz in May 2021 selected
investment firms Knighthead Capital Management LLC and Certares
Management LLC, joined by other investors including Apollo Global
Management Inc. and a group of existing shareholders, as the
winning bidders for control of the bankrupt company. A rival group
that included Centerbridge Partners LP, Warburg Pincus LLC and
Dundon Capital Partners LLC was outbid at auction.
Hertz's Plan eliminated over $5 billion of debt, including all of
Hertz Europe's corporate debt, and will provide more than $2.2
billion of global liquidity to the reorganized Company. Hertz also
emerged with (i) a new $2.8 billion exit credit facility consisting
of at least $1.3 billion of term loans and a revolving loan
facility, and (ii) an $7 billion of asset-backed vehicle financing
facility, each on favorable terms.
HIGHLINE AFTERMARKET: Term Loan Add-on No Impact on Moody's B2 CFR
------------------------------------------------------------------
Moody's Ratings stated that Highline Aftermarket Acquisition, LLC's
("Highline") B2 Corporate Family Rating, B2-PD Probability of
Default Rating as well as the B2 rating on its senior secured first
lien revolving credit facility and senior secured first lien term
loan remain unchanged. The company is in the process of issuing
$161 million fungible add on to its first lien term loan. The
proceeds along with cash on hand and drawings on its accounts
receivables securitization facility will be used to finance the
acquisition of a leading glass cleaner brand. The acquisition is
expected to close in December 2025 pending customary closing
conditions. The outlook is stable.
On December 02, 2025, Highline announced that it had entered into a
definitive agreement to purchase the target company, which is a
leading provider of branded, professional-grade aerosol glass
cleaner. The acquisition will be mainly funded by debts and incur
some near term integration risks, counterbalanced by the modest
size of the acquisition and the addition of a category leading
brand to Highline's product portfolio with margin accretive
opportunity. Proforma the transaction, Moody's estimates that
Highline's leverage, as measured by Moody's adjusted Debt/EBITDA
would modestly rise to high 5.0x based on the LTM period ended
September 30, 2025 and will delever to mid 5.0x in the next 12
months through earnings growth. Such level of leverage will remain
consistent with the ratings.
Highline's credit profile reflects its leading market positions in
the private label lubricant manufacturing and automotive
aftermarket distribution. The company's performance is supported by
the recurring demands on lubricants and other automotive
aftermarket products including chemicals and consumable
accessories. Its value-added services such as packaging, filling,
and distribution of private label and branded products help
maintain its Moody's-adjusted EBITDA margins in the low teens. Its
good liquidity also support the credit profile.
Highline's credit profile is constrained by its track record of
business acquisitions under the ownership of a private equity firm.
In addition, the mature nature of the lubricant industry and the
low profit margin of private label lubricants leaves the company
susceptible to competitions against other lubricant producers and
to the variation in manufacturing and distribution costs.
Highline Aftermarket Acquisition, LLC is an automotive aftermarket
distributor and manufacturer of branded and private label packaged
lubricants, performance chemicals and other consumable accessories.
The company was formed in April 2016 through the combination of DYK
Automotive and AAHC, Inc. In November 2020, Pritzker Private
Capital acquired and strategically combined Highline from Sterling
Group and Warren Distribution LLC, a manufacturer of private label
automotive lubricants. End markets channels include automotive
retail, mass retail, automotive/jobber, specialty retail, and heavy
duty, among others. Highline recorded about $1.7 billion in
revenues in the LTM period ending in September 30, 2025.
HOPEMAN BROTHERS: District Court to Hear Liberty Mutual Dispute
---------------------------------------------------------------
Judge David J. Novak of the United States District Court for the
Eastern District of Virginia adopted the Report and Recommendation
submitted by United States Bankruptcy Judge Keith L. Phillips on
August 29, 2025, which recommends that the Court grant Liberty
Mutual's motion to withdraw the reference with respect to an
adversary proceeding filed by Liberty Mutual against Hopeman
Brothers, Inc. and various creditors and claimants.
In the present adversary proceeding (Adv. Pro. No. 25-03020-KLP),
Plaintiff Liberty Mutual, which provided different types of
asbestos-related insurance policies to Hopeman, seeks a declaratory
judgment that a 2003 settlement agreement between itself and
Hopeman extinguished any further obligations in conjunction with
asbestos-related claims arising from Hopeman's past actions or
omissions.
Liberty Mutual filed the instant Motion on May 23, 2025. Hopeman,
the Official Committee of Unsecured Creditors of Hopeman Brothers,
Inc., Huntington Ingalls Industries, Inc., Marla Rosoff Eskin, Esq.
(in her capacity as the future claimants' representative) and
certain other claimants each filed objections to the Motion.
The Committee argues that Judge Phillips's finding that no party
contests that the adversary proceeding concerns a non-core claim is
incorrect, since the Committee disputes the Court's subject matter
jurisdiction over the underlying proceeding. Relatedly, the
Committee also objects to Judge Philips's finding that the non-core
claim at issue in this case weighs in favor of withdrawal.
The Court agrees with Judge Phillips's finding that the instant
action involves only a non-core claim. According to Judge Novak,
"As Judge Phillips accurately explains, Liberty Mutual seeks to
resolve a dispute surrounding pre-bankruptcy agreements between
itself and Hopeman, and its claim addresses potential obligations
that remain independent from the underlying bankruptcy proceeding."
As such, the Court overrules the Committee's objection to Judge
Phillips's finding that the non-core nature of Liberty Mutual's
claim stands undisputed and that this finding weighs in favor of
withdrawal.
The Committee's jurisdictional arguments are not properly before
the Court on a motion to withdraw the reference and have not been
fully briefed. As such, the Court overrules the Committee's
objection on these grounds.
The Court agrees with Judge Phillips that withdrawal of this
non-core proceeding will enhance the efficiency of proceedings
without negatively affecting uniform administration of the
bankruptcy matter and rejects the Committee's objection
accordingly.
With the core/non-core factor weighing significantly in favor of
withdrawal, and all remaining factors either weighing neutrally or,
in the case of judicial efficiency, in favor of withdrawal, the
Court finds that Liberty Mutual satisfies its burden of
establishing cause for withdrawal of the reference under 28 U.S.C.
Sec. 157(d). As such, the Court agrees with Judge Phillips's
recommendation to grant Liberty Mutual's Motion and rejects the
resources Committee's objection to that recommendation.
The case is captioned LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff,
v. HOPEMAN BROTHERS, INC., et al. Defendants, Case No.
25-cv-00603-DJN (E.D. Va.).
A copy of the Court's Memorandum Order dated November 17, 2025, is
available at https://urlcurt.com/u?l=PUKzrL
About Hopeman Brothers Inc.
During the 1980s, Hopeman Brothers, Inc. transitioned its business
away from ship joining and into manufacturing check-out counters
used in commercial retail stores such as Walmart. In 2002, Hopeman
spun off its cabinet-making business into Cinnabar Solutions, Inc.
In 2003, Hopeman sold substantially all of its remaining
shipbuilding-related assets to an unrelated party, US Joiner LLC,
pursuant to an asset purchase agreement, dated as of December 23,
2003. Since the asset sale in 2003, Hopeman has had no business
operations and exists solely to defend and, when appropriate,
settle asbestos-related claims.
Hopeman Brothers filed a Chapter 11 petition (Bankr. E.D. Va. Case
No. 24-32428) on June 30, 2024, with $50 million to $100 million in
both assets and liabilities.
The Debtor tapped Hunton Andrews Kurth, LLP as bankruptcy counsel;
Blank Rome, LLP as special insurance counsel; Courington, Kiefer,
Sommers, Marullo & Matherne, LLC as special asbestos counsel; and
Stout Risius Ross, LLC as financial advisor. Kurtzman Carson
Consultants, LLC is the claims and noticing agent.
HS MIDCO: S&P Affirms 'B-' ICR on Refinancing, Outlook Stable
-------------------------------------------------------------
S&P Global Ratings affirmed its 'B-' issuer credit rating on HS
Midco Inc. (dba Fortra). At the same time, S&P assigned its 'B-'
issue-level rating to its amended first-lien term loan with a '3'
recovery rating and our 'B+' issue-level rating on its RCF with a
'1' recovery rating. S&P does not rate the new money or second-lien
term loans.
S&P said, "The affirmation of our rating on Fortra is based on its
liquidity position combined with our expectation for positive free
operating cash flow (FOCF) over the next 12 months, which we
believe to be adequate to support the company's continued execution
of its plans to improve underperforming product lines and return to
consistent positive revenue growth.
"The stable outlook reflects our view that Fortra will expand
EBITDA margins, increase FOCF generation, and maintain adequate
liquidity despite business execution risks and revenue headwinds
that may persist over the near term."
Fortra refinanced its existing first-lien credit facilities and
second-lien term loan to extend the maturity and reduce cash debt
service expense over the next 2.5 years. The transaction closed on
Nov. 21, 2025.
It partially paid down the existing first-lien term loan at par,
using net proceeds from a new first-lien term loan of $625 million
and asset sale of about $233 million.
The amended and extended first-lien credit facilities consist of a
$75 million revolving credit facility (RCF) with priority on some
assets and a $1.476 billion first-lien term loan, all of which will
now mature in May 2029, along with the new money term loan and the
extended second-lien term loan.
S&P said, "We believe the recent refinancing transaction allows
Fortra to focus on business execution. We expect Fortra to generate
more meaningful FOCF of $90 million-$100 million in 2026 due to
EBITDA expansion and temporarily reduced cash interest burden.
EBITDA expansion will be largely driven by one-time costs rolling
off (related to acquisitions, divestitures, restructuring, and
modernization efforts) and realizing cost synergies that were
actioned throughout 2025.
"We expect its S&P Global-Ratings adjusted EBITDA margin will
improve to the mid- to high-40% area through 2026 from about 40% in
2025, as the company continues to execute plans to revitalize
growth in its underperforming product lines, migrate existing
customers with perpetual licenses to subscription-based contracts,
and integrated tuck-in acquisitions to bolster product
capabilities. Moreover, we believe the refinancing transaction
provides the company with additional financial flexibility to focus
on operational improvements over the next 2.5 years."
In particular, its lower cash interest expense reflects partial
payment-in-kind (PIK) features for the new money term loan and the
extended second-lien term loan. The PIK features allow the company
to defer $80 million-$90 million worth of interest payments
annually over the next two years. However, the PIK features will
fall off in mid-2028 and substantially increase its outstanding
debt balance and cash interest expenses ahead of its term loan
maturities in May 2029.
S&P said, "Its S&P Global Ratings-adjusted leverage remains very
high at over 13x (including about $1.7 billion of preferred equity
that we treat as debt per our criteria, which adds 5x-6x to our
leverage calculation). Therefore, we believe the company will need
to return to consistent revenue growth, improve operating
performance, and sustainably generate FOCF ahead of its next
refinancing actions."
There are early signs of recovery in Fortra's underperforming
product lines. Fortra reported mid-single-digit percent
year-over-year revenue growth last quarter from its current
operations. Starting April 1, 2025, the company established a
noncurrent operations category in its reporting package to exclude
businesses that are sold, being held for sale, or otherwise
nonstrategic and evaluating end of life. The Alert Logic (Extended
Detection & Response; XDR) business is included in noncurrent
operations as the company continues to evaluate strategic options
(including asset sale) for this business. The company also sold its
Workload Automation business in the second quarter for net proceeds
of about $233 million, most of which it used to partially pay down
its existing first-lien term loan during the refinancing
transaction.
Annual recurring revenue (ARR) from its current operations
increased in the low-single-digit percent area, driven largely by
continued growth in its Managed File Transfer and Powertech (for
IBM i) product lines, which grew over 20% and about high-single
digit percentage during the third quarter, respectively.
Although ARR declines in its Data Protection (DP) and Email
Protection segments continue, retention rates are stabilizing and
DP bookings returned to growth after two years of decline in 2023
and 2024. Both overall bookings and recurring revenue increased in
the mid-single-digit percent area year to date in 2025. While S&P
expects overall bookings trend to improve, execution risks remain
as the company continues to turn around its underperforming
divisions and return to consistent organic revenue growth amid
macroeconomic uncertainties and increasing market competitions.
S&P said, "We expect Fortra will have adequate liquidity to support
its recovery plans despite revenue growth headwinds that may
persist over the near term. Fortra had total liquidity of $132
million as of the close of the refinancing transaction, including
$57 million in cash and full availability of $75 million under its
extended RCF that now matures in 2029. If operational performance
at the underperforming divisions continue to improve, we believe
Fortra will be able to work through its near-term revenue headwinds
to expand EBITDA and generate positive FOCF in 2026 and beyond."
In addition, if the company can sell the XDR business, the
transaction would likely further bolster liquidity and allow Fortra
to focus on its growth recovery plan for the remaining operations,
in the absence of a shareholder distribution. Fortra acquired the
XDR business in 2022 for about $650 million and its revenue growth
has been underperforming.
Along with the debt refinancing transaction, the company also
announced it negotiated an equity recapitalization to align
incentives and simplify the equity structure. Key changes include
reducing the PIK rate on the preferred equity for three years;
converting some preferred equity into common equity; and common
equity held by minority shareholders was cancelled in exchange for
a nominal cash payment. Harvest Partners will act as the
controlling sponsor, with the right to appoint managers of Fortra
and hold a majority of the voting power. While Harvest will have
control rights, TA Associates and Charlesbank will remain
significant shareholders alongside Harvest.
The stable outlook reflects our expectation for Fortra to continue
expanding EBITDA margins despite revenue growth headwinds. The
company's high mix of recurring revenue and above-average EBITDA
margin over 40% will provide it with business stability and
generate modest FOCF. The outlook also reflects our expectations
for sufficient liquidity over the next 12 months.
S&P could downgrade Fortra over the next 12 months if:
-- The company fails to return to sustainable revenue growth and
expand EBITDA margins due to challenges with sales executions,
failure to realize its costs savings plan, or weaker customer
demand due to competitive pressures;
-- Interest burden limits cash generation or there are
macroeconomic headwinds from a tougher demand environment such that
reported FOCF continues to be close to break-even; or
-- Liquidity deteriorates materially.
An upgrade is unlikely over the next 12 months because of Fortra's
elevated leverage. S&P could upgrade the rating if it sustains
leverage below 7x (including the preferred equity that it treats as
debt per its criteria) after incorporating its debt-funded
acquisitions or shareholder returns.
HS PURCHASER: Moody's Affirms 'B3' CFR & Alters Outlook to Negative
-------------------------------------------------------------------
Moody's Ratings affirmed HS Purchaser, LLC's (Fotra or the Company)
B3 corporate family rating. Moody's have also affirmed and appended
a limited default (LD) designation to Fortra's probability of
default rating, revising it to B3-PD/LD. The LD designation will
remain in place for three business days. Moody's simultaneously
assigned a B2 rating to Fortra's new backed senior secured first
lien term loan and a B1 rating to the new backed senior secured
first lien revolving credit facilities. The B2 ratings on the
existing backed senior secured first lien revolving credit
facilities, backed senior secured first lien term loan and backed
senior secured first lien delayed draw term loan have been
withdrawn. The outlook was changed to negative from stable.
On November 21st the Company closed a transaction that introduced
around $661 million of new money first Lien debt, extended around
$1,476 million of the current first lien term loan, and extended
about $619 million of second lien debt. All first and second lien
debt is now due in May 2029. Both the first lien new money and
second lien debt have PIK interest for the first two and a half
years. Moody's views the extension of maturity and introduction of
PIK feature on the second lien debt as a distressed exchange and
event of default.
The change in outlook to negative from stable reflects Fortra's
sustained high leverage above the 8x potential downgrade factor
following continued revenue declines at certain segments such as
Defensive Security, Data Protection, File Integrity Monitoring, and
XDR. It also reflects the company's large and growing debt balance
given the introduction of PIK payments to both unrated first and
second lien debt. Moody's simultaneously acknowledge that bookings
and ARR trends of current operations (excluding the divested WLA
segment and non-current XDR segment) have been improving in recent
quarters. The negative outlook considers the risk that improvement
toward expected leverage and cash generation metrics does not occur
in a timely manner, and that it does not sufficiently offset the
consistent rise in debt over the next 2-3 years.
RATINGS RATIONALE
The B3 CFR reflects the Company's highly leveraged capital
structure and modest operating scale with revenues around $736
million. In addition, Fortra's acquisition-driven growth strategy
can result in leverage remaining persistently high and above the
potential downgrade factor of 8x. Fortra benefits from its strong
niche position in the IBMi market, highly recurring maintenance and
subscription revenue streams that lead to predictable profits and
cash flows and strong customer retention rates. Fortra is also very
profitable, producing high EBITDA margins of over 40% resulting
from an efficient cost structure and effective tele-sales and
channel distribution model, as well as long-term relationships with
a diversified group of enterprise customers. This profitability is
partially offset by high interest expenses constraining cash
generation.
Fortra's good liquidity is supported by access to a $75 million
revolving credit facility and pro forma cash balances of around $57
million in November 2025.
The B2 rating on Fortra's first lien term loan is one notch above
the Company's B3 CFR, reflecting the debt's senior position in the
capital structure relative to the unrated second lien term loan and
other unsecured claims. The B1 rating on Fortra's revolver reflects
the instrument's priority security interest in cash & equivalents,
accounts receivable, and 15% of intellectual property. The revolver
and term loan are supported by guarantees and asset pledges from
all material domestic subsidiaries.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded if debt reduction, combined with
sustained earnings growth leads to a material improvement in
Fortra's credit metrics such that debt to EBITDA is sustained below
6.5x and FCF to debt levels were sustained above 5%.
Ratings could be downgraded if Fortra's cash adjusted leverage
exceeds 8x on other than a temporary basis or if FCF to debt were
expected to be negative as a result of competitive pressures,
market declines, debt financed M&A or shareholder return activity.
Ratings could also be downgraded if Moody's views risk to Fortra's
ability to outpace PIK debt increases with earnings growth.
The principal methodology used in these ratings was Software
published in June 2022.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Fortra, based in Eden Prairie, Minnesota is a provider of
cybersecurity and automation software as well as horizontal
application and infrastructure software solutions for distributed
and IBMi computing environments. The Company is majority owned by
funds affiliated with TA Associates and Harvest Partners, with
minority stakes held by funds affiliated with HGGC and Charlesbank
and Fortra's management team. Revenue as of the last twelve months
ended September 2025 was approximately $736 million.
HUDSON PACIFIC: Reduces Shares to 54.2MM via 1-for-7 Reverse Split
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Hudson Pacific Properties, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that on
November 26, 2025, in connection with the Company's previously
announced one-for-seven reverse stock split of its shares of common
stock, the Company filed Articles of Amendment to its charter with
the Maryland State Department of Assessments and Taxation to:
(i) effect the Reverse Stock Split,
(ii) decrease the par value of common stock from $0.07 per
share to $0.01 per share and
(iii) decrease the number of authorized shares of stock from
722,400,000 shares to 121,600,000 shares.
The Stock Split Amendment, effective at 5:00 p.m. Eastern Time on
December 1, 2025, combined every seven issued and outstanding
shares of common stock, $0.01 par value per share, into one share
of common stock, $0.07 par value per share, of the Company.
Pursuant to the Stock Split Amendment, any fraction of a share of
common stock that would otherwise have resulted from the Reverse
Stock Split will be settled by cash payment, calculated based on
the per-share closing price of the Company's common stock as
reported on the New York Stock Exchange on December 1, 2025.
The Reverse Stock Split decreased the number of outstanding shares
of common stock of the Company to approximately 54,217,407 from
379,521,855 (before giving effect to any fractional shares to be
paid out in cash).
Immediately following the Effective Time:
(i) the Par Value Amendment took effect to proportionally
decrease the par value of the Company's common stock immediately
following the Reverse Stock Split from $0.07 per share back to
$0.01 per share and
(ii) the Authorized Shares Amendment took effect to
proportionally decrease the number of authorized shares following
the Reverse Stock Split from 740,800,000 shares of stock
(consisting of 722,400,000 shares of common stock and 18,400,000
shares of preferred stock) to 121,600,000 shares of stock
(consisting of 103,200,000 shares of common stock and 18,400,000
shares of preferred stock).
The Company's common stock is expected to begin trading on the NYSE
on a split-adjusted basis at market open on December 2, 2025.
Trading in the common stock will continue on the NYSE under the
symbol "HPP" under the new CUSIP number: 444097406.
The Reverse Stock Split affected all record holders of the
Company's common stock uniformly and did not affect any record
holder's percentage ownership interest in the Company, except for
de minimis changes as a result of the elimination of fractional
shares.
Holders of common stock who hold in "street name" in their
brokerage accounts do not have to take any action as a result of
the Reverse Stock Split. Their accounts will be automatically
adjusted to reflect the number of shares owned.
A letter of transmittal relating to the Reverse Stock Split will be
sent to record holders of certificates of common stock within
twenty days of the Effective Time. Stockholders who receive this
letter of transmittal should follow the instructions in that
letter.
Full-text copies of the Articles of Amendment are available at:
* Certificate of Amendment to Certificate of Incorporation
(Reverse Stock Split): https://tinyurl.com/neut6392
* Certificate of Amendment to Certificate of Incorporation
(Par Value Adjustment): https://tinyurl.com/3ufdmbjn
* Certificate of Amendment to Certificate of Incorporation
(Reduction in Authorized Shares): https://tinyurl.com/4c94hzbs
Partnership Agreement Amendment
On December 1, 2025, the Company, as general partner of Hudson
Pacific Properties, L.P., its operating partnership subsidiary,
executed the Sixth Amended and Restated Agreement of Limited
Partnership of Hudson Pacific Properties, L.P., which amended the
existing agreement of limited partnership of the Operating
Partnership to, among other things:
(i) give effect to a one-for-seven reverse unit split of the
Common Units, LTIP Units and Performance Units (each as defined in
the Amended & Restated Partnership Agreement) of the Operating
Partnership, which corresponds to the Reverse Stock Split described
above and
(ii) amend certain provisions relating to the circumstances
under which LTIP Units and Performance Units may achieve economic
parity (on a per-unit basis) with Common Units in the Operating
Partnership.
These amendments did not alter the vesting conditions of any
existing LTIP Unit or Performance Unit.
A full-text copy of the Amended & Restated Partnership Agreement is
available at https://tinyurl.com/4u6w2d95
About Hudson Pacific
Hudson Pacific Properties, Inc. is a Maryland corporation formed on
November 9, 2009, as a fully integrated, self-administered and
self-managed real estate investment trust. Through its controlling
interest in the operating partnership and its subsidiaries, Hudson
Pacific Properties, Inc. owns, manages, leases, acquires and
develops real estate, consisting primarily of office and studio
properties.
As of September 30, 2025, the Company had $7.8 billion in total
assets, $4.3 billion in total liabilities, and $3.4 billion in
total stockholders' equity.
* * *
In October 2025, S&P Global Ratings affirmed its 'CCC' issue-level
rating on Hudson Pacific Properties Inc.'s (HPP) preferred stock.
S&P said, "We revised the outlook to stable from negative,
reflecting our view of the company's improved liquidity position
and eased refinancing concerns. The stable outlook also
incorporates our view that HPP's portfolio will likely continue to
be challenged despite improved leasing activity. We forecast S&P
Global Ratings-adjusted debt to EBITDA will remain around 13x in
2025 before declining to around 12x in 2026."
HPP's recent refinancing efforts have reduced its near-term
refinancing risk and improved its liquidity position.
INTERMEDIATE III: Moody's Assigns First Time B1 Corp. Family Rating
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Moody's Ratings assigned a first-time B1 Corporate Family Rating
Intermediate III, LLC ("Jennmar"). At the same time, Moody's
assigned a B2 rating to the company's new backed senior secured
first lien term loan due 2030. The outlook is stable. Proceeds from
the new debt will be used to refinance existing debt, pay related
fees and expenses, and make a one-time distribution to the
company's shareholders. The ratings are subject to review of final
documents.
Governance considerations under Moody's ESG framework, specifically
financial strategy & risk management, were a key driver of the new
rating assignment.
RATINGS RATIONALE
Jennmar's B1 CFR is supported by the company's established market
position as a leading manufacturer and supplier of ground control,
fabricated steel products and services for mining, civil
infrastructure, construction, industrial and solar sectors. The
rating benefits from Jennmar's, broad operating footprint with 59
manufacturing facilities globally, capex-light business model,
diverse customer base, long-standing relationships with major
global diversified mining and coal mining companies, and vertically
integrated operations, which provide cost advantages and supply
chain resilience. This diversity helps mitigate the impact of
sector-specific downturns and supports revenue stability.
The rating also benefits from the recurring, mission-critical
nature of the company's products tied to customer production
volumes rather than profitability and commodity prices, supporting
relatively more stable and predictable demand and less cyclicality
than what is typical for its mining customers and many of Jennmar's
heavy equipment focused competitors. The company's mission-critical
safety products, technical- know-how, engineering support, and
long-standing relationships make switching suppliers risky and
create high barriers to entry, supporting high customer retention.
The ratings further reflect Jennmar's largely multi-year
contractual arrangements that include escalator clauses, bi-annual
price adjustments, and guaranteed wallet share provisions, enabling
it to pass through increases in input costs (such as steel and
other raw materials) to customers, helping mitigate margin
volatility and protect margins over time.
Jennmar's rating is constrained by its significant exposure to
cyclical end-markets, moderate scale relative to larger,
higher-rated manufacturing peers and competition from regional and
larger, more diversified global mining equipment and ground support
product suppliers. While the demand for company's
consumable-centric products is less cyclical than for heavy
equipment and is more stable than commodity prices, demand is
ultimately tied to mining production, industrial and infrastructure
activities, which can be volatile in downturns. Jennmar generates
more than 50% of its revenues from metallurgical and thermal coal
mining customers. The recent US policy actions could provide
near-term support for domestic thermal coal production, and growth
in Indian and Southeast Asian steel production (BOF) is likely to
support US and Australian met coal exports, underpinning a
structural demand tailwind for Jennmar's products. However, ongoing
energy transition and decarbonization policies may pressure
long-term demand for coal-related products especially in Western
markets, though diversification into renewables and infrastructure
is a mitigating factor.
The ratings also reflect Jennmar's moderate customer concentration
with its top 5 customers accounting for 29% and top 10 customers
accounting for 43% of the revenue (LTM as of September 2025).
Although Jennmar's products typically make up a relatively modest
portion of a mine's operating expenses, sharp and prolonged
commodity price downturns or a loss or distress of a major customer
could impact volumes, product pricing and pressure operating
margins. While pass-through mechanisms offer good protection, sharp
price spikes or supply disruptions could impact margins as well.
Jennmar's US large domestic scale and product suite are advantages,
but growth in new international regions may require investment and
could face local competition from often well-entrenched and
financially stronger industry players. Given that majority of the
company's products are used in underground and structural
applications, environmental, safety, and regulatory scrutiny is
high, and any incidents or regulatory changes could impact
operations or reputation. Furthermore, the company's growth
strategy, which could lead to potential debt-funded acquisitions,
introduces integration and financial risks, while the large
dividend distribution signals a willingness to prioritize equity
returns and higher tolerance for leverage, given the private equity
partner's substantial minority ownership.
Proforma for the transaction, Moody's estimates that Jennmar will
generate around $1.7 billion in revenue with Moody's adjusted
EBITDA margins around 18-19% in 2025, resulting in leverage around
2.5x at the end of 2025. Moody's EBITDA estimates include the IRA
Section 45X tax credits related to the company's contract with its
customer Nextracker, a provider of solar tracker and software
solutions for solar power plants. Moody's expects the company to be
free cash flow (Moody's-adjusted FCF inclusive of dividends)
negative in 2025 because of the large one-time distribution.
Moody's forecasts that Jennmar will produce around $2 billion in
revenue and Moody's adjusted EBITDA margins of around 18-20% in
2026-27, with the expected growth driven by the recently completed
acquisitions, the market share gains in the US and international
ground support markets and higher volumes in the steel fabrication
segment supported by increased infrastructure spending in the US.
Moody's expects Jennmar to generate positive free cash flow in
2026-27, although expect a majority of it to be allocated for
shareholder returns, along with amortization payments on the term
loan. Moody's expects leverage to improve modestly as a result of
EBITDA growth.
Jennmar's stable outlook reflects Moody's expectations that
operating performance will remain solid over the next 12-18 months,
supported by stable demand in core markets, improved earnings and
solid positive free cash flow (before dividend payments). The
stable outlook also anticipates that Jennmar's credit metrics will
remain commensurate with a B1 rating or better.
The company has good liquidity, supported by cash on the balance
sheet (expected to be $25 million pro forma for the transaction), a
$275 million ABL revolver (unrated; expected to have $50 million
drawn at the closing of the transaction), and free cash flow
generation over time. The ABL revolver is subject to a 1.10x
springing fixed charge coverage ratio ("FCCR") covenant that is
tested when excess availability falls below 10%. Moody's expects
Jennmar to remain in compliance with the ABL covenant. There are no
financial maintenance covenants on the term loan.
The B2 rating on the term loan, one notch below the B1 corporate
family rating, reflects its secondary position behind the ABL
facility because the term loan lenders will have a second lien on
the working capital assets collateralizing the company's
asset-based revolving credit facility. The term loan will have a
first priority security interest in substantially all material PPE
and intellectual property of the borrower and the guarantors, as
well as a second priority security interest on the ABL priority
collateral. The term loan will be unconditionally guaranteed
jointly and severally on a senior secured basis by the borrower,
the immediate parent Jennmar Intermediate IV, LLC ("Holdings") and
subsidiary guarantors.
Marketing terms for the new credit facility (final terms may differ
materially) include the following: Incremental pari passu debt
capacity up to the greater of a dollar capped amount and 50% of
EBITDA, plus unlimited amounts subject to 2.0x first lien net
leverage. There is no inside maturity sublimit. The credit
agreement is expected to include "J. Crew," "Chewy," and "Serta"
protections. The credit agreement is expected to require that all
material intellectual property and material manufacturing
facilities must be owned by loan parties.
Jennmar has been assigned a Credit Impact Score of CIS-4 which
indicates the rating is lower than it would have been if ESG risk
exposures did not exist. The company has an Environmental Issuer
Profile Score ("IPS") of E-3, which mainly reflects the carbon
transition risks related to its material exposure to the coal
mining sector as well as the waste and pollution risks resulting
from handling of potentially hazardous materials in the process of
manufacturing specialty chemicals. Jennmar has a Social IPS of S-4,
which reflects its exposure to health & safety risks given the
mission-critical nature of its products, the high cost of failure
and that its employees face potential safety hazards when designing
solutions and providing mine site services at underground mines.
The company has a Governance IPS of G-4, mainly reflecting risks
stemming from its private ownership, including its partial PE
ownership, its growth strategy and the board composition with only
one independent member. These risks expose the company to higher
leverage and potentially aggressive debt-funded acquisitions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
A ratings upgrade could be considered if Jennmar successfully
integrates its recent acquisitions, executes its growth strategy in
a disciplined manner, increases scale and reduces its relative
exposure to coal mining sector, generates positive free cash flow
on a sustained basis and reduces gross debt. Quantitatively, the
ratings could be upgraded if Moody's-adjusted debt/EBITDA is
sustained below 3x, RCF/Net Debt above 20% and EBITA/Interest
Expense ratio above 4.5x.
A downgrade could occur if Jennmar generates negative free cash
flow on a sustained basis or its operating results weaken such that
operating margins materially contract, leverage ratio
(Moody's-adjusted Debt/EBITDA) is sustained above 5.0x, RCF/Net
Debt below 15% and interest coverage ratio (EBITA/Interest expense)
falls below 3.5x. Negative ratings pressure may also develop if the
company experiences material weakening of liquidity or adopts more
aggressive acquisition strategy or financial policy.
Jennmar is a manufacturer of safety-critical ground support and
reinforcement products for mining, civil infrastructure,
construction, and solar markets globally. The company operates 57
manufacturing facilities through three main segments—US Ground
Support, International Ground Support, and Steel Fabrication. The
company is majority owned and managed by the Calandra family, with
private equity firm FalconPoint Partners holding a substantial
minority ownership. Revenue for the fiscal year ended December 31,
2024 was approximately $1.6 billion.
The principal methodology used in these ratings was Manufacturing
published in September 2025.
Jennmar's B1 rating is four notches below the scorecard-indicated
outcome of Baa3 reflecting the company's materially higher leverage
proforma for the transaction and the risks related to company's
significant exposure to the coal mining sector.
IROBOT CORP: Carlyle Sells $190MM Loan to Contract Manufacturer
---------------------------------------------------------------
iRobot Corporation disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that on November 24, 2025,
Santrum Hong Kong Co., Limited, a wholly-owned subsidiary of
Shenzhen PICEA Robotics Co., Ltd. (f/k/a Shenzhen 3irobotix Co.,
Ltd.), acquired from various affiliates of The Carlyle Group all of
the rights and interests of the lenders under the Credit Agreement
entered into on July 24, 2023, as amended, by and among the
Company, TCG Senior Funding L.L.C., an affiliate of The Carlyle
Group, as administrative agent and collateral agent, and the
Original Lenders.
In connection with this transaction, Santrum assumed the $190.7
million in principal and interest outstanding under the Credit
Agreement as of November 24, 2025 and replaced TCG Senior Funding
L.L.C. as administrative agent and collateral agent under the
Credit Agreement.
Picea, the parent company of Santrum, is the Company's primary
contract manufacturer. As of November 24, 2025, the Company owed
Picea $161.5 million for the manufacturing of products, $90.9
million of which was past due.
The Company and Picea are engaged in active discussions regarding a
mutually agreeable resolution of the non-payment by the Company of
amounts owed to Picea.
Immediately following the transaction described above, the Company
and Santrum entered into Amendment No. 7 and Limited Consent to
Credit Agreement.
Pursuant to Amendment No. 7, Santrum extended until January 15,
2026 the waiver of the Company's covenant obligations to:
(1) provide a report and opinion of its auditor with respect
to its annual financial statements for fiscal year 2024 without a
qualification regarding the Company's ability to continue as a
going concern and
(2) maintain a minimum level of core assets.
The Company and the Original Lenders previously entered into six
amendments to the Credit Agreement between March and October 2025
that waived, collectively, the covenant obligations for periods
from March 11, 2025 until December 1, 2025.
In addition, Santrum agreed to defer all cash interest originally
due on October 28, 2025 (approximately $5.1 million) until January
15, 2026.
The Original Lenders previously deferred such interest payment
until November 28, 2025.
A full-text copy of the Amendment No. 7 is available at
https://tinyurl.com/32d5j7tk
About iRobot Corporation
iRobot Corp. is a global consumer robot company that designs and
builds robots that empower people to do more. With over 30 years of
artificial intelligence and advanced robotics experience, it is
focused on building thoughtful robots and developing intelligent
home innovations that help make life better or millions of people
around the world. iRobot's portfolio of home robots and smart home
devices features proprietary technologies for the connected home
and advanced concepts in cleaning, mapping and navigation.
As of September 27, 2025, the Company had $481.6 million in total
assets, $508.5 million in total liabilities, and total
stockholders' deficit of $26.9 million.
Boston, Massachusetts-based PricewaterhouseCoopers LLP, the
Company's auditor since 1999, issued a "going concern"
qualification in its report dated March 12, 2025, citing that the
Company has a history of operating losses and negative cash flows
from operations that raise substantial doubt about its ability to
continue as a going concern.
IRON CROSS: Court Dismisses Chapter 11 Bankruptcy Case
------------------------------------------------------
Judge Joseph G. Rosania, Jr. of the United States Bankruptcy Court
for the District of Colorado dismissed Iron Cross Services
Company's bankruptcy case.
The Court issued an Order Directing Compliance with Local
Bankruptcy Rule 9010-1(e), which required the Debtor to obtain
counsel and such counsel to enter an appearance in the within case
on or before November 18, 2025. As of the date of this Order, no
counsel has entered an appearance of behalf of the Debtor.
Accordingly, the case is dismissed without prejudice to refile once
Iron Cross Services Company obtains counsel.
The status conference scheduled for December 18, 2025 is vacated.
A copy of the Court's Order dated November 24, 2025, is available
at https://urlcurt.com/u?l=fR3A9J from PacerMonitor.com.
About Iron Cross Services Company
Iron Cross Services Company filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D. Colo. Case No.
25-17228) on November 3, 2025, with $100,001 to $500,000 in assets
and $500,001 to $1 million in liabilities.
Judge Joseph G. Rosania Jr. presides over the case.
IT IS WELL: Gets Final OK to Use Cash Collateral
------------------------------------------------
It Is Well Healthcare, LLC received final approval from the U.S.
Bankruptcy Court for the Northern District of Georgia to use cash
collateral.
The court authorized the Debtor to use cash collateral through
March 31, 2026, provided it complies with the terms of the final
order and the budget.
As adequate protection, Lendistry SBLC, LLC, Britecap Financial,
LLC, Capital Solutions Servicing, LLC and McKesson Corporation will
be granted replacement liens on post-petition cash collateral to
the same extent and priority as their pre-bankruptcy liens. These
replacement liens do not apply to Chapter 5 causes of action.
All parties retain their rights to contest lien validity, seek
additional protection, object to continued use of cash collateral,
or move for other relief.
The final order is available at https://is.gd/aDTJ5c from
PacerMonitor.com.
At the petition date, the Debtor was generating monthly revenues of
approximately
$190,000, which revenues are, or may be, cash collateral as defined
in Bankruptcy
Code Section 363(a).
Lendistry, Britecap, Capital Solutions Servicing, and McKesson
assert a security interest in all of the Debtor's assets based on
the loans they provided to the Debtor prior to its Chapter 11
filing.
About It Is Well Healthcare LLC
It Is Well Healthcare LLC provides primary care and wellness
services in Dallas, Georgia. The clinic offers medical evaluations,
chronic care management, physical exams, immunizations, and
diagnostic testing, along with treatment for conditions such as
hypertension, diabetes, and thyroid disorders. It also provides
aesthetic and wellness treatments including hormone replacement
therapy, facials, dermal fillers, microdermabrasion, and body
contouring procedures.
It Is Well Healthcare LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-11533) on October
9, 2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
The Debtor tapped J. Nevin Smith, Esq., at Smith Conerly LLP as
legal counsel and Villa Rica Tax Service, Inc. as accountant.
JB GROUP: Gets Court OK to Use Cash Collateral
----------------------------------------------
JB Group of LA, LLC got the green light from the U.S. Bankruptcy
Court for the Middle District of Louisiana to use the cash
collateral.
The court authorized the Debtor to use up to $240,000 in cash
collateral belonging to b1Bank and ISG Capital Group, LLC, the
debtor-in-possession lender, for non-insider payroll and related
benefits.
The order is available at https://is.gd/PEw8y5 from
PacerMonitor.com.
Prior to its September 12 bankruptcy filing, JB attempted to secure
debtor-in-possession financing but lacked sufficient liquidity at
the petition date, requiring interim cash collateral use as a
bridge to complete financing negotiations.
The court granted interim, then final, approval for use of b1Bank's
cash collateral, and subsequently approved a nearly $5 million DIP
facility from ISG. Although ISG funded roughly $2.575 million,
leaving nearly $2 million available, it has stopped funding for two
weeks and has not committed to advance further amounts.
As a result, the Debtor now has no unencumbered cash to meet
essential operating needs, including payroll. The Debtor has
engaged with b1Bank and ISG to identify emergency financing options
and both secured creditors have consented to the Debtor's temporary
use of their cash collateral solely to cover payroll obligations.
The Debtor has already used approximately $130,000 of the approved
amount to fund the most recent payroll, according to court
filings.
About JB Group of LA LLC
JB Group of LA LLC, doing business as ISG Infrastructure Group,
provides electrical, instrumentation, communications, and renewable
energy solutions to public and private sector clients, including
the U.S. Army Corps of Engineers, military installations, state
departments of transportation, and industrial customers in data,
energy, and manufacturing sectors.
JB Group of LA LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. La. Case No. 25-10807) on September
12, 2025. In its petition, the Debtor reports estimated assets up
to $50,000 and estimated liabilities between $10 million and $50
million.
Judge Michael A. Crawford oversees the case.
The Debtor is represented by Paul Douglas Stewart, Jr., Esq., at
Stewart Robbins Brown & Altazan, LLC.
ISG Capital Group, LLC, as DIP lender, is represented by:
David S. Rubin, Esq.
Butler Snow LLP
445 N. Blvd. Suite 300
Baton Rouge, LA 70802
Telephone: (225) 325-8700
Fax: 225-325-8800
david.rubin@butlersnow.com
b1Bank, as secured creditor, is represented by:
Sharon Starkey Whitlow, Esq.
Stephen M. Whitlow, Esq.
Haley N. Baker, Esq.
Whitlow Law Firm, LLC
700 Main Street, Suite 301
Baton Rouge, LA 70802
Telephone (225) 217-0060
Facsimile (225) 217-0061
sharon@whitlowfirm.com
steve@whitlowfirm.com
haley@whitlowfirm.com
KEYERA CORP: DBRS Confirms BB(High) Rating on Subordinated Notes
----------------------------------------------------------------
DBRS Limited confirmed the Issuer Rating and Senior Unsecured Notes
credit rating of Keyera Corp. (Keyera or the Company) at BBB.
Morningstar DBRS also confirmed the credit rating on the Company's
Subordinated Notes at BB (high). All trends are Stable.
KEY CREDIT RATING CONSIDERATIONS
The credit rating confirmations reflect the Company's solid
business risk profile, underpinned by fee-for-service (FFS) or
take-or-pay (ToP) contracts at its Gathering and Processing and
Liquids Infrastructure segments and strong financial performance
for the last 12 months ended September 30, 2025. As of December 31,
2024, 67% of the Company's realized margin was FFS and 52% of the
Company's FFS realized margin was generated by ToP contracts. The
Stable trends reflect Morningstar DBRS' expectations that Keyera's
credit metrics will remain strong and that the Company will
continue to manage its exposure to commodity risk within an
appropriate target.
On June 17, 2025, Keyera announced that it will acquire
substantially all of Plains' Canadian NGL Business (Plains), plus
select U.S. assets, for total cash consideration of $5.15 billion,
significantly expanding Keyera's liquids infrastructure platform
across western and eastern Canada. The purchase price multiple was
approximately 7.8 times (x) 2025 Adjusted EBITDA but with near-term
run-rate synergies the multiple was reduced to 6.8x. Keyera expects
to realize approximately $100 million in near-term run-rate
synergies from corporate cost savings and operational efficiencies.
The acquisition materially increases the Company's scale with an
approximate 50% increase in fee-based EBITDA in the first full year
of closing. The assets acquired are highly strategic as they
enhance the scale of Keyera's NGL infrastructure by combining
Keyera's and Plains' gathering, fractionation, and storage
operations.
The purchase of Plains extends the Company's integrated value chain
to eastern North America, providing geographic diversification and
expanded reach to downstream customers. Keyera will be able to
unlock further commercial potential by applying the Company's
expertise in risk management, leveraging its market intelligence,
and employing operational optimization to improve margins and drive
performance. There is a modest change in the contract structure as
Keyera will generate 45% of its FFS realized margin from 2026
through 2028 from ToP contracts, a slight decline from 52% for the
fiscal year ended December 31, 2024. The acquisition of Plains is
expected to close in the first quarter of 2026.
CREDIT RATING DRIVERS
Morningstar DBRS could take a positive credit rating action if
there is a material improvement in Keyera Corp.'s business risk
profile. Such an upgrade would likely occur if the contribution of
ToP contracts to overall EBITDA increases, improving the Company's
comprehensive business risk assessment (CBRA) while maintaining its
current comprehensive financial risk assessment (CFRA). While
unlikely, Morningstar DBRS could take a negative credit rating
action if Keyera's lease-adjusted cash flow-to-debt ratio declines
below 13% on a sustained basis.
EARNINGS OUTLOOK
Morningstar DBRS expects Keyera's Adjusted EBITDA to decline in
2025 relative to 2024 driven by more lower margins in the Marketing
segment in addition to downtime at the Company's Alberta
EnviroFuels (AEF) facility. Morningstar DBRS expects Adjusted
EBITDA in 2026 to increase significantly due to the contribution of
the Plains assets despite lower earnings from the combined
Marketing Division based on Morningstar DBRS' base-case price
assumptions.
FINANCIAL OUTLOOK
Morningstar DBRS expects Keyera's cash flow from operations to
decline in 2025 compared to 2024 driven by lower margins in the
Marketing segment. Cash flow from operations in 2026 is expected to
increase materially relative to 2025 because of the contribution of
the Plains assets. Morningstar DBRS expects debt levels to increase
significantly in 2025 compared with 2024 to fund the purchase of
the Plains assets with a further increase in 2026 to help fund the
Company's organic capital program. Despite the increase in debt,
Morningstar DBRS expects leverage metrics to remain supportive of
the current credit rating.
CREDIT RATING RATIONALE
Comprehensive Business Risk Assessment (CBRA): BBBL
Keyera's CBRA of BBBL reflects the Company's solid contractual
profile with over 60% in realized margin expected to be generated
from ToP contracts pro forma the acquisition of Plains for the near
and medium term. The business risk score also factors in the
Company's improved geographic diversification and increased size
and scale following the Plains acquisition along with growth in its
standalone operations driven by a significant organic capital
program with over $700 million invested in KAPS Zone 4 and KFS
Fractionation III over the next several years. The CBRA also
incorporates, through a negative adjustment, the price and volume
risk associated with the Company's Marketing segment.
Comprehensive Financial Risk Assessment (CFRA): A/AL
Keyera's CFRA of A/AL reflects strong financial metrics for the
current credit rating category. Morningstar DBRS expects debt
levels to increase over the near and medium term but expects
leverage metrics to remain supportive of the current credit rating.
The CFRA incorporates, through a negative adjustment, the price and
volume risk associated with the Company's Marketing segment.
Intrinsic Assessment (IA): BBB
The IA of BBB is in the middle of the Intrinsic Assessment Range.
The selection also takes into consideration the current credit
rating trend and peer comparisons, among other factors.
Additional Considerations: None
Keyera's credit ratings include no further negative or positive
adjustments because of additional considerations.
Notes: All figures are in Canadian dollars unless otherwise noted.
KOSCIUSZKO DEVELOPMENT: Seeks Chapter 7 Bankruptcy in Pennsylvania
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On December 3, 2025, Kosciuszko Development Corp. sought Chapter 7
protection in the Eastern District of Pennsylvania. According to
court filings, the Debtor reports between $100,001 and $1,000,000
in debt owed to 1–49 creditors.
About Kosciuszko Development Corp.
Kosciuszko Development Corp. is a single asset real estate
company.
Kosciuszko Development Corp. filed for relief under Chapter 7 of
the U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-14942) on
December 3, 2025. In its petition, the Debtor reports estimated
assets of $100,001–$1,000,000 and estimated liabilities in the
same range.
Honorable Bankruptcy Judge Derek J. Baker handles the case.
KPOWER GLOBAL: Mike Kattawar, Jr. to Receive $7,500 Salary Per Week
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Judge Jennie D. Latta of the United States Bankruptcy Court for the
Western District of Tennessee entered a final order granting KPower
Global Logistics, LLC's motion to establish and/or limit insider
salaries and compensation.
The Debtor is authorized to continue to pay the normal weekly
compensation to all of the insiders who have been receiving
compensation.
Mike Kattawar, Jr. is to receive $7,500 per week as salary until
further order of the Court.
A copy of the Court's Order dated December 2, 2025, is available at
https://urlcurt.com/u?l=obmDDJ from PacerMonitor.com.
About KPower Global Logistics
KPower Global Logistics LLC provides third-party logistics services
specializing in customized supply chain solutions across the United
States. The Company offers staffing, warehousing, bulk storage,
consulting, packaging, and special project services for
distribution centers and manufacturing operations.
KPower Global Logistics sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tenn. Case No. 25-22294) on
May 8, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million.
The Hon. Judge Jennie D. Latta handles the case.
The Debtor is represented by the Law Offices of Craig M. Geno,
PLLC.
Craig M. Geno, PLLC/Law Offices of Geno and Steiskal, PLLC and
Payne Law Firm were later relieved as counsel in light of the
appointment of C. Jerome Teel, Jr. as Chapter 11 Trustee.
KRUGER PRODUCTS: DBRS Hikes Sr. Unsec. Notes Rating to BB(low)
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DBRS Limited upgraded the credit rating on Kruger Products Inc.'s
(Kruger Products or the Company) Senior Unsecured Notes (the Notes)
to BB (low) from B (high), which reflects an upgrade of the
Recovery Rating on the Notes to RR5 from RR6, and confirmed the
Company's Issuer Rating at BB. All trends are Stable.
Concurrently, Morningstar DBRS assigned a provisional credit rating
of (P) BB (low) with a Stable trend to the Company's proposed
issuance of up to $165 million Notes (the Proposed Notes), based on
a Recovery Rating of RR5. The Proposed Notes will be guaranteed by
each of Kruger Products existing and future Restricted
Subsidiaries. Kruger Products will use the proceeds from the
Proposed Notes to repay existing debt and for general corporate
purposes.
The credit rating assigned to this newly issued debt instrument is
based on the credit ratings of an already-outstanding debt series
of the above-mentioned debt instrument.
A provisional rating is not a final rating with respect to the
above-mentioned security and may change, be different than the
final rating assigned, or may be discontinued. The provisional
credit rating listed above is based on information provided to
Morningstar DBRS by Kruger Products as of November 25, 2025. The
assignment of final credit ratings is subject to receipt by
Morningstar DBRS of all information and final documentation that
Morningstar DBRS deems necessary to finalize the credit rating.
Continuation of the credit ratings is subject to the provision to
Morningstar DBRS of timely and sufficient information and/or data
for the purpose of monitoring the above-noted credit ratings.
KEY CREDIT RATING CONSIDERATIONS
The upgrade of the Recovery Rating to RR5 from RR6 reflects
Morningstar DBRS' assessment of the benefit of the reclassification
of Kruger Products SB Inc. as a Restricted Subsidiary under the
Company's credit agreements and Notes indentures, combined with
Morningstar DBRS' expectations of a sustained and gradual
improvement in Kruger Products' operating performance and the
benefits to the Company's brand strength and market position. In
accordance with Morningstar DBRS' Global Corporate Criteria, the
upgrade to the Recovery Rating catalyzed a one-notch upgrade to the
credit rating on the Notes to BB (low).
The confirmation of the Issuer Rating acknowledges Kruger Products'
stronger-than-expected operating performance in the nine months
ended September 30, 2025 (Q3 2025) and reflects Morningstar DBRS'
expectation that the Company's credit risk profile will strengthen
within the current BB credit rating category as its expansionary
capital expenditure (capex) projects ramp up and reach full
production capacity.
On March 28, 2025, Morningstar DBRS confirmed Kruger Products'
Issuer Rating at BB with a Stable trend. At that time, Morningstar
DBRS forecast EBITDA to grow to more than $275 million in 2025 and
to approximately $300 million in 2027. Morningstar DBRS expected
that this growth in EBITDA, combined with mandatory debt repayment,
should drive an improvement in debt-to-EBITDA toward 5.0 times (x)
in 2025 and to approximately 4.5x by the end of 2027.
Since then, Kruger Products reported its Q3 2025 results. EBITDA in
the last 12 months (LTM) ended Q3 2025 grew to approximately $300
million from $265 million in 2024, attributable to higher selling
prices, volume growth, and improved operating efficiencies, which
more than offset the effect of higher pulp prices, the unfavorable
performance at the Company's Memphis plant, and higher freight and
warehousing costs. Combined with mandatory debt repayment,
debt-to-EBITDA improved to 4.7x in the LTM ended Q3 2025 from 5.5x
in 2024.
CREDIT RATING DRIVERS
Should debt-to-EBITDA increase above 6.0x because of
weaker-than-expected operating performance and/or more
aggressive-than-expected financial management, Morningstar DBRS
could take a negative credit rating action. Furthermore, should the
Company undertake further debt-funded capex such that Morningstar
DBRS becomes concerned that debt-to-EBITDA will remain above 6.0x
without a proportionate improvement in the Company's business risk
profile, a negative credit rating action could result.
Conversely, Morningstar DBRS could take a positive credit rating
action should the Company's business risk profile strengthen
meaningfully, combined with a commensurate improvement in
debt-to-EBITDA to below 4.5x on a normalized and sustainable basis,
based on growth in operating income.
EARNINGS OUTLOOK
Considering the Company's stronger than expected operating
performance in the LTM ended Q3 2025, Morningstar DBRS has revised
its 2025 EBITDA forecast to approximately $300 million. Looking
ahead to 2027, Morningstar DBRS now forecasts EBITDA to grow to
approximately $320 million compared with its previous projections
of $300 million. These revised forecasts are based on Morningstar
DBRS' expectations of potential price increases, growing volumes of
higher-margin tissue products as the Sherbrooke Expansion Project
ramps up toward full production capacity, and improving operating
leverage. Morningstar DBRS believes that these benefits should more
than offset pulp price volatility and higher manufacturing costs.
FINANCIAL OUTLOOK
Morningstar DBRS forecasts meaningful levels of surplus free cash
flow (FCF) (after dividends but before changes in working capital
and principal lease payments) between 2025 and 2027 as (1)
operating cash flow continues to trend in line with earnings
growth, (2) capex declines to between $60 million and $80 million
per year as the Sherbrook Expansion Project nears completion, and
(3) the gross dividend outlay remains relatively flat on the LTM
ended Q3 2025 levels of around $60 million. Morningstar DBRS
believes that the projected FCF surplus, proceeds from Kruger
Inc.'s Dividend Reinvestment Plan participation, and available
liquidity should fund principal lease payments and mandatory debt
repayments. Combined with the projected growth in EBITDA,
Morningstar DBRS projects debt-to-EBITDA to improve to less than
4.0x by the end of 2027. Morningstar DBRS acknowledges Kruger
Products' announcement that it is evaluating the financing of a new
tissue investment in an Unrestricted Subsidiary, and that this
investment is currently expected to be financed 40% by equity and
60% by debt. While this new tissue investment will cause
debt-to-EBITDA to increase to more than Morningstar DBRS' current
projections, Morningstar DBRS believes that Kruger Products should
have sufficient headroom within the current BB credit rating
category to absorb the effect thereof considering the potential
business risk and operating performance benefits from this
investment once it ramps up and reaches full production capacity.
That said, Morningstar DBRS reiterates that, should it become
concerned that debt-to-EBITDA will increase and persist above 6.0x
following the completion of this investment without a proportionate
improvement in the Company's business risk profile, a negative
credit rating action could result.
CREDIT RATING RATIONALE
-- Comprehensive Business Risk Assessment (CBRA): BB
Kruger Products' CBRA continues to be supported by the Company's
strong brands and leading market position in the tissue products
industry, stable demand, and significant barriers to entry. The
CBRA also reflects the intense competition, volatile input costs,
and product/market concentration.
-- Comprehensive Financial Risk Assessment (CFRA): BBBL/BBH
Kruger Products' CFRA reflects Morningstar DBRS' expectation that,
through EBITDA growth and mandatory debt repayment, debt-to-EBITDA
should improve to less than 4.0x by the end of 2027. Morningstar
DBRS notes that the CFRA excludes the potential effect of Kruger
Products' investment in a new tissue manufacturing plant.
-- Intrinsic Assessment (IA): BB
The IA is based on Kruger Products' CBRA and CFRA. Taking into
consideration peer comparisons, among other factors, we place the
IA within the IA range.
-- Additional Considerations: -0.5
The negative 0.5 adjustment to the Issuer Rating reflects the
unmitigated structural subordination of Kruger Products' debt to
the cash flows of the Company's Unrestricted Subsidiaries.
Notes: All figures are in Canadian dollars unless otherwise noted.
LANDERS DEVELOPMENT: Arkansas Property Sale for $320K OK'd
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The U.S. Bankruptcy Court for the Eastern District of Arkansas,
Little Rock Division, has permitted Landers Development LLC to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor's Property is located at 3512 Logan Ridge Drive, Bryant,
Arkansas 72022.
The Court has authorized the Debtor to sell the Property to
undisclosed Buyer in the purchase price of $320,000.00.
The Property shall be sold free and clear of all liens, claims, and
interests, with any such liens attaching to the proceeds with the
same validity and priority as before the sale.
The Debtor is directed to pay standard commissions, including a
2.0% listing commission and 2.4% buyer’s agent commission, along
with ordinary closing costs.
The fully secured claim by Merchants & Farmers Bank shall be paid
in full at closing.
About Landers Development LLC
Landers Development, LLC, a company in Benton, Arkansas, provides
residential and commercial construction services, including home
building and housing development, primarily within the state.
Landers Development sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Ark. Case No. 25-13827) on October 31,
2025. In the petition signed by Nick Landers, member, the Debtor
disclosed up to $10 million in both assets and liabilities.
Judge Phyllis M. Jones oversees the case.
Jennifer Lancaster, Esq., at Lancaster & Lancaster Law Firm,
represents the Debtor as bankruptcy counsel.
LANDERS DEVELOPMENT: Taps Crye-Leike Realtors as Real Estate Agent
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Landers Development, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Arkansas to hire Terri Summers, a
licensed Arkansas real estate agent with Crye-Leike Realtors of
Bryant, as real estate agent.
Ms. Summers will market and sell the Debtor's property the located
at 3512 Logan Ridge Drive, Bryant, Arkansas 72022.
The firm will receive a commission equal to 2 percent of the gross
sales.
Ms. Summers assured the court that she is a "disinterested person"
within the meaning of 11 U.S.C. Secs. 101(14) and 327(a).
The agent can be reached through:
Terri Summers
Crye-Leike Realtors of Bryant
4909 AR-5 #200
Bryant, AR 72022
Phone: (501) 653-8000
About Landers Development LLC
Landers Development, LLC, a company in Benton, Arkansas, provides
residential and commercial construction services, including home
building and housing development, primarily within the state.
Landers Development sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Ark. Case No. 25-13827) on October 31,
2025. In the petition signed by Nick Landers, member, the Debtor
disclosed up to $10 million in both assets and liabilities.
Judge Phyllis M. Jones oversees the case.
Jennifer Lancaster, Esq., at Lancaster & Lancaster Law Firm,
represents the Debtor as bankruptcy counsel.
LEXARIA BIOSCIENCE: MaloneBailey Raises Going Concern Doubt
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Lexaria Bioscience Corp. filed with the U.S. Securities and
Exchange Commission its Annual Report on Form 10-K reporting a net
loss of $11.9 million for the fiscal year ended August 31, 2025,
compared to a net loss of $5.8 million for the year prior.
For the year ended August 31, 2025, the Company had $705,923 in
revenues, compared to $464,278 for the year ended August 31, 2024.
Houston, Texas-based MaloneBailey, LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
November 26, 2025, attached to the Company's Annual Report on Form
10-K for the year ended August 31, 2025, citing that the Company
has suffered recurring losses from operations that raise
substantial doubt about its ability to continue as a going
concern.
Lexaria disclosed that since inception, the Company has incurred
significant operating and net losses.
The losses attributable to shareholders were $11.9 million and $5.8
million, for the years ended August 31, 2025 and 2024,
respectively.
As of August 31, 2025, the Company had an accumulated deficit of
$63.5 million.
The Company said, "We expect to continue to incur significant
operational expenses and net losses in the upcoming 12 months."
"Our net losses may fluctuate significantly from quarter to quarter
and year to year, depending on the stage and complexity of our R&D
studies and corporate expenditures, additional revenues received
from the licensing of our technology, if any, and the receipt of
payments under any current or future collaborations into which we
may enter. The recurring losses and negative net cash flows raise
substantial doubt as to the Company's ability to continue as a
going concern.
"During the year ended August 31, 2025, we raised an approximate
aggregate $6.0 million in net proceeds from the sale of securities
pursuant to our registered direct offerings which closed in April
2025 and October 2024, as well as At the Market (ATM) offerings.
Subsequent to August 31, 2025, we raised an additional $3.5 million
in net proceeds in a registered direct offering.
"We may offer additional securities for sale during our fiscal year
2026 or thereafter in response to market conditions or other
circumstances if we believe such a plan of financing is required to
advance the Company's business plans and is in the best interests
of our stockholders. There is no certainty that future equity or
debt financing will be available or that it will be at acceptable
terms and the outcome of these matters is unpredictable.
"A lack of adequate funding may force us to reduce spending,
curtail or suspend planned programs or possibly liquidate assets.
Any of these actions could adversely and materially affect our
business, cash flow, financial condition, results of operations,
and potential prospects.
"The sale of additional equity may result in additional dilution to
our stockholders. Entering into additional licensing agreements,
collaborations, partnerships, alliances marketing, distribution, or
licensing arrangements with third parties to increase our capital
resources is also possible. If we do so, 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.
"Our ability to continue operations after our current cash
resources are exhausted is dependent on our ability to obtain
additional debt or equity financing or a strategic partnership,
which cannot be guaranteed. Cash requirements may vary materially
from those now planned because of changes in our focus and
direction of our research and development programs, competitive and
technical advances, patent developments, regulatory changes or
other developments. If adequate additional funds are not available
when required, management may need to curtail its development
efforts and planned operations to conserve cash.
"Based on existing cash resources, management believes that current
funding will not be sufficient to meet the Company's financial
obligations for a period of at least 12 months from the date of
this report. Accordingly, there is substantial doubt as to our
ability to continue as a going concern within one year from the
date of issuance of these financial statements."
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/mw9nt954
About Lexaria
Headquartered in Kelowna, BC, Canada, Lexaria Bioscience Corp. --
http://www.lexariabioscience.com/-- is a biotechnology company
pursuing the enhancement of the bioavailability of a diverse and
broad range of active pharmaceutical ingredients using its
proprietary DehydraTECH drug delivery technology. The Company
currently focuses on the investigation of the incorporation of its
DehydraTECH drug delivery technology with GLP-1 and GIP drugs to
enhance absorption and reduce adverse events.
As of August 31, 2025, the Company had $4.2 million in total
assets, $1.6 million in total liabilities, and $2.6 million in
total stockholders' equity.
LINQTO TEXAS: Secures OK to Solicit Plan Votes w/ Stock Deal
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Alex Wittenberg of Law360 reports that a Texas bankruptcy judge on
Friday, December 5, 2025, authorized investment platform Linqto to
move forward with soliciting creditor votes on its Chapter 11
reorganization plan. The ruling allows the company to begin the
approval process despite objections from certain investors and
questions surrounding the scope of the plan’s third-party
releases.
The judge noted that any disputes over the releases, as well as the
investors’ broader challenges to the restructuring proposal,
could be addressed during the upcoming confirmation hearing. The
decision clears an important procedural hurdle for Linqto as it
works to exit bankruptcy.
About Linqto Inc.
Linqto Inc. is a San Jose-based financial technology company
operating in the alternative investment space.
Linqto Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Texas Case No. 25-90187) on July 7, 2025. The
case is jointly administered with the Chapter 11 cases of Linqto
Texas, LLC, Linqto Liquidshares, LLC and Linqto Liquidshares
Manager, LLC under case number 25-90186. In its petition, Linqto
Inc. reported estimated assets and liabilities between $500 million
and $1 billion.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Gabrielle A. Hamm, Esq. at Schwartz, PLLC as
legal counsel; Breakpoint Partners, LLC as restructuring advisor;
ThroughCo Communications, LLC as public relations agent; and Epiq
Corporate Restructuring, LLC as claims agent.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee is represented by Orrick, Herrington & Sutcliffe, LLP.
LOADED BARREL: Gets Court OK to Use Cash Collateral Until Jan. 9
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Loaded Barrel, LLC got the green light from the U.S. Bankruptcy
Court for the Northern District of California to use cash
collateral to fund operations.
The court authorized the Debtor to use cash collateral through
January 9, 2026, and granted secured creditors including the U.S.
Small Business Administration, GCM, Inc., and Forward Financing
replacement liens on the Debtor's post-petition assets as
protection.
The replacement liens do not apply to Chapter 5 avoidance actions
and match the nature, extent, validity, and enforceability of the
creditors' pre-bankruptcy liens.
The next hearing is scheduled for January 6, 2026.
Loaded Barrel owes $500,005 to the SBA, $360,000 to GCM, and
$70,000 to Forward Financing. These creditors have a perfected
security interest in all of Debtor's assets.
The court order is available at https://is.gd/Nz0r4C from
PacerMonitor.com.
About Loaded Barrel LLC
Loaded Barrel LLC, doing business as Flagship Taproom, operates a
restaurant and taproom at 446 B Street in Santa Rosa, California.
The establishment offers a range of craft beers and casual
pub-style food in a local dining setting.
Loaded Barrel sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Calif. Case No. 25-10689) on
October 28, 2025. In its petition, the Debtor reported total assets
of $209,649 and total liabilities of $1,740,875.
Judge: William J. Lafferty oversees the case.
The Debtor is represented by Michael C. Fallon, Esq., at the Law
Office of Michael C. Fallon.
MALLINCKRODT PLC: Opioid Trust Loses Appeal in Clawback Case
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In the appeal styled OPIOID MASTER DISBURSEMENT TRUST II,
Appellant, v. CITADEL SECURITIES LLC, et al., Case No.
1:25-cv-00114-SB (D. Del.), Judge Stephanos Bibas of the United
States Court of Appeals for the Third Circuit affirmed the order of
the United States Bankruptcy Court for the District of Delaware
granting summary judgment for the firms.
When its business model started to fail, Mallinckrodt artificially
inflated its value by buying back its stock. This made its
shareholders billions before it sought refuge in Chapter 11
bankruptcy. The Bankruptcy Code lets creditors recoup fraudulently
transferred money. But it also shields payments to banks and
transfers connected to securities contracts from being clawed back.
The bankruptcy court found that hundreds of millions of dollars
spent on fraudulent share repurchases by Mallinckrodt are so
shielded. Though the contracts are void, the money paid is real.
After Mallinckrodt declared bankruptcy, all opioid-related claims
against it were assigned to a Delaware statutory trust. That Trust
brought claims to recover money fraudulently transferred out of
Mallinckrodt while it was insolvent -- including claims that sought
to claw back the money Mallinckrodt paid to buy back its shares.
If "applicable law" renders a transfer "voidable," the Trust can
bring that claim on behalf of all creditors. The Trust did just
that, claiming that Mallinckrodt's creditors are entitled to "avoid
the transfers" and "recover the value" transferred.
In turn, the firms sought refuge in Sec. 546(e)'s safe harbor,
which provides that "the trustee may not avoid a transfer that is a
settlement payment or that is a transfer made in connection with a
securities contract." They argued that "settlement payment" is
broadly defined as the "payment of cash to the dealer by the
purchaser" and a "transfer of cash or securities made to complete a
securities transaction."
The Trust countered that Sec. 546(e) did not apply at all. It
reasoned that Irish law governed the share buybacks, and Irish law
considers unlawful buybacks by an undercapitalized company "void."
"Void" contracts are "void ab initio," so they are "nullities" with
"no legal effect." On that reading, the contracts never legally
existed. Thus, the transfers could not have been "settlement
payments" because there was no qualifying transaction. Nor could
they be transfers made "in connection with a securities contract"
because there was never "any valid securities contract."
The bankruptcy judge granted summary judgment for the firms.
Section 546(e)'s safe harbor protects a "financial institution"
only if it makes a "qualifying transaction." The banks, hedge
funds, and money managers are plainly "financial institutions." The
bankruptcy court also concluded that the transfers counted as
"qualifying transactions" because they were "settlement payments."
The Trust appeals the decision that void transfers could be either
settlement payments or transfers under 11 U.S.C. Sec. 546(e).
The firms are seeking to bar the Trust from clawing back payments
that Mallinckrodt already made -- real payments of real dollars in
exchange for real stock shares. True, the contracts underlying the
transaction are "nonexistent." But the settlement payments are not.
The Trust argues that, even if there were "payments," there can be
no "settlement" because the underlying obligation to pay never
existed. According to Judge Bibas, "It is true that Mallinckrodt
had no legal obligation to pay under contracts that were void ab
initio. But Mallinckrodt's still made payments to fulfill a
purported obligation. That is all that the safe harbor requires.
Thus, payments made to settle securities transactions of all
stripes count as settlement payments."
A copy of the Court's Memorandum Opinion dated November 24, 2025,
is available at https://urlcurt.com/u?l=0dLrLb
About Mallinckrodt PLC
Mallinckrodt (OTCMKTS: MNKTQ) -- http://www.mallinckrodt.com/-- is
a global business consisting of multiple wholly-owned subsidiaries
that develop, manufacture, market and distribute specialty
pharmaceutical products and therapies. The Company's Specialty
Brands reportable segment's areas of focus include autoimmune and
rare diseases in specialty areas like neurology, rheumatology,
nephrology, pulmonology and ophthalmology; immunotherapy and
neonatal respiratory critical care therapies; analgesics; and
gastrointestinal products. Its Specialty Generics reportable
segment includes specialty generic drugs and active pharmaceutical
ingredients.
On Oct. 12, 2020, Mallinckrodt plc and certain of its affiliates
sought Chapter 11 protection in Delaware (Bankr. D. Del. Lead Case
No. 20-12522) to seek approval of a restructuring that would reduce
total debt by $1.3 billion and resolve opioid-related claims
against them. Mallinckrodt in mid-June 2022 successfully completed
its reorganization process, emerged from Chapter 11 and completed
the Irish Examinership proceedings.
Mallinckrodt Plc said in a regulatory filing in early June 2023
that it was considering a second bankruptcy filing and other
options after its lenders raised concerns over an upcoming $200
million payment related to opioid-related litigation.
Mallinckrodt plc and certain of its affiliates again sought Chapter
11 protection (Bankr. D. Del. Lead Case No. 23-11258) on Aug. 28,
2023. Mallinckrodt disclosed $5,106,900,000 in assets and
$3,512,000,000 in liabilities as of June 30, 2023.
Judge John T. Dorsey oversees the new cases.
In the prior Chapter 11 cases, the Debtors tapped Latham & Watkins,
LLP and Richards, Layton & Finger, P.A. as their bankruptcy
counsel; Arthur Cox and Wachtell, Lipton, Rosen & Katz as corporate
and finance counsel; Ropes & Gray, LLP as litigation counsel;
Torys, LLP as CCAA counsel; Guggenheim Securities, LLC as
investment banker; and AlixPartners, LLP, as restructuring
advisor.
In the new Chapter 11 cases, the Debtors tapped Latham & Watkins,
LLP and Richards, Layton & Finger, P.A., as their bankruptcy
counsel; Arthur Cox and Wachtell, Lipton, Rosen & Katz as corporate
and finance counsel; Guggenheim Securities, LLC as investment
banker; and AlixPartners, LLP, as restructuring advisor. Kroll is
the claims agent.
MANA GROUP: Files Amendment to Disclosure Statement
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Mana Group Pharmacies, LLC d/b/a Brown's Pharmacy, and Christopher
Andrew Tapper and wife, Erika Tapper ("Tapper") submitted an
Amended Joint Consolidated Plan of Reorganization and Disclosure
Statement dated December 2, 2025.
The Debtors' Plan of Reorganization provides for continued
operations of the Debtors' pharmacy known as Brown's Pharmacy in
Irving, Texas. The Debtors believe that there will be sufficient
net proceeds to pay 10% of the General Unsecured Claims classified
in Classes 19, 20 and 21.
The secured claim of Live Oak Bank will be paid over the five-year
term of the Plan with any deficiency treated as a General Unsecured
Claim in Class 21. Similarly, the secured claims of Americorp
Financial and Highland Capital in Class 5 and 6 will be paid in
equal amortized payments as reflected in the cash flow projections.
Once these secured claims are paid any surplus funds will be paid
toward the claims of the unsecured creditors as set forth in this
Plan.
Non-priority unsecured creditors holding allowed claims will
receive distributions which the proponents of this Plan estimate
should total 10 cents on the dollar.
Class 21 is comprised of the Allowed Unsecured Claims against
Debtors total $4,103,635.36. The Plan provides that the General
Unsecured Creditors of the Debtors are to be paid 6% of their
Allowed Unsecured Claims, over a 5-year term in three equal annual
payments in years three, four and five of the Plan. The first
annual payment is expected to be made on December 15, 2028. To
assure the Debtors are able to make each annual payment, the
Debtors will set aside each month from its operations funds
necessary to accumulate a reserve of funds from each monthly amount
to make the annual payments. For the five-year term of the plan
annual payments will be in the amount of $83,000.00 in December of
2028, December of 2029 and December, 2030.
The Debtors will continue to operate their pharmacy business known
as Brown's Pharmacy located in Irving, Texas. Net profits generated
by the pharmacy operations will provide sufficient revenue for
Debtors to make the Plan payments called for herein to its secured
creditors with any excess proceeds being used first to pay the
claims if any of the administrative claimants, then to priority
claimants holding valid claims, if any, and finally toward the pro
rata payments due to be paid to unsecured creditors.
A full-text copy of the Amended Joint Consolidated Plan and
Disclosure Statement dated December 2, 2025 is available at
https://urlcurt.com/u?l=EkAMO6 from PacerMonitor.com at no charge.
Counsel to the Debtor:
David R. Langston, Esq.
Mullin Hoard & Brown LLP
P.O. Box 2585
Lubbock, TX 79408
Tel: (806) 765-7491
Fax: (806) 765-0553
Email: drl@mhba.com
About Mana Group Pharmacies, LLC
d/b/a Brown's Pharmacy
Mana Group Pharmacies, LLC, operating as Brown's Pharmacy, is an
independent, locally owned pharmacy in Irving, Texas, serving the
Irving, Las Colinas, and Greater Dallas-Fort Worth areas since
1973. The pharmacy focuses on providing personalized, friendly
customer service, distinguishing itself from larger chain
pharmacies. Services include prescription refills, compounding,
delivery, vaccines, wound care, MEDSYNC (medication
synchronization), and PakMyMeds (a free medication packaging
service). Additionally, the pharmacy acts as an Amazon Hub,
securely accepting and storing Amazon packages for customers.
Mana Group Pharmacies filed Chapter 11 petition (Bankr. N.D. Texas
Case No. 25-31057) on March 27, 2025, listing $332,938 in assets
and $4,952,261 in liabilities. Christopher Tapper, managing member
of Mana Group Pharmacies, signed the petition.
David R. Langston, Esq., at Mullin Hoard & Brown, L.L.P., is the
Debtor's legal counsel.
Live Oak Banking Company, as secured creditor, is represented by:
Kristin A. Zilberstein, Esq.
ZBS Law, LLP
30 Corporate Park, Suite 450
Irvine, CA 92606
Telephone: (714) 848-7920
Facsimile: (714) 908-7807
MANE SOURCE: Court Confirms Amended Chapter 11 Plan
---------------------------------------------------
Judge David M. Warren of the United States Bankruptcy Court for the
Eastern District of North Carolina confirmed Mane Source
Counseling, PLLC's Amended Chapter 11 Plan. The Amended Disclosure
Statement relating to the Amended Plan is approved.
The Court finds the Amended Disclosure Statement relating to the
Amended Plan filed by the Debtor on August 29, 2025, contains
adequate information about the Plan within the purview of 11 U.S.C.
Sec. 1125.
The requirements for confirmation under 11 U.S.C. Sec. 1129(a) have
been satisfied with regards to classes 2,3, and 4. The Plan does
not discriminate unfairly and is fair and equitable as to all
remaining classes, and the requirements for confirmation under 11
U.S.C. Sec. 1129(b) have been satisfied as to those classes.
As reported by the Troubled Company Reporter on Sept. 9, 2025, Mane
Source Counseling, PLLC submitted an Amended Disclosure Statement
describing Amended Chapter 11 Plan dated August 29, 2025.
Upon confirmation of this Plan, Debtor will continue to operate and
make plan payments from funds available after the payment of
operating expenses. Debtor has continued to operate with a net
profit during the course of the bankruptcy, and hired one
additional part-time clinician.
Over the course of the next six months, Debtor anticipates hiring
one to two additional clinicians to offer therapy services for the
Debtor. Addition of these clinicians is anticipated to increase the
net profit of the Debtor.
Class 3 is comprised of the Allowed Priority Claims which are not
Priority Tax Claims, including wage claims present and former
contractors and employees. Class 3 shall be amortized and paid over
7 years until paid in full with seven percent interest. The Debtor
estimates that Class 3 Claims will total $48,078.50.
Class 4 is comprised of the Allowed Secured Claims of Southern
Bank. Class 4 Claimants shall retain their liens to secure payment
of the Class 4 Claims pursuant to the terms of this Plan. Class 4
claims shall be amortized over 15 years with seven and a half
percent interest and paid in equal monthly payments with a balloon
payment eight years from the Effective Date, on which date the
remaining outstanding balance shall be due. After eight years,
Class 4 Claimants may modify the terms of the remaining payments
upon terms agreed to by both parties. The Debtor estimates that
Class 4 Claims will total $114,461.90 based on the proof of claim
filed by Southern Bank.
Class 5 is comprised of the Allowed Secured Claims of the United
States Small Business Administration. Class 5 Claimants shall
retain their liens to secure payment of the Class 5 Claims pursuant
to the terms of this Plan. Class 5 claims shall be amortized and
paid over twenty-two years until paid in full with seven percent
interest. The Debtor estimates that Class 5 Claims will total
$97,863.31.
Class 6 is comprised of the Allowed General Unsecured Claims. Class
6 Claims shall be paid quarterly for seven years as follows until
the Class 6 claims are paid in full or a maximum amount of $94,000
has been paid:
Year 1: Quarterly payments of $500
Years 2-3: Quarterly Payments of $1,500
Years 4: Quarterly Payments of $2,500
Year 5: Quarterly Payments of $3,750
Year 6: Quarterly Payments of $6,250
Year 7: Quarterly Payments of $7,500
The Debtor estimates that Class 6 claims currently total
$325,219.47 based on scheduled claims and filed proofs of claim,
but that this number will be reduced due to disputes and claims
objections.
The Plan will be consummated and distributions made if the Plan is
confirmed pursuant to a Final Order of the Bankruptcy Court. It
will not be necessary for the Debtor to await any required
regulatory approvals from agencies or departments of the United
States Government to consummate the Plan. The Plan will be
implemented pursuant to its provisions and the provisions of the
Bankruptcy Code.
A full-text copy of the Amended Disclosure Statement dated August
29, 2025 is available at https://urlcurt.com/u?l=IOkgq8 from
PacerMonitor.com at no charge.
A copy of the Court's Order dated November 24, 2025, is available
at https://urlcurt.com/u?l=SvozXe from PacerMonitor.com.
About Mane Source Counseling PLLC
Mane Source Counseling, PLLC provides counseling and wellness
services with the help of five horses used in therapy sessions.
Mane Source Counseling sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-00833) on March
7, 2025, listing up to $500,000 in assets and up to $1 million in
liabilities. Cheryl Meola, company owner, signed the petition.
Judge David M. Warren oversees the case.
The Debtor is represented by Kathleen O'Malley, Esq., at Stevens
Martin Vaughn & Tadych, PLLC.
MARINE WHOLESALE: Seeks to Use Cash Collateral Until July 2026
--------------------------------------------------------------
Marine Wholesale and Warehouse Co. asked the U.S. Bankruptcy Court
for the Central District of California, Los Angeles Division, for
another extension to use its cash collateral.
In its motion, the Debtor requested authority to use cash
collateral from January 1 through July 31, 2026, in accordance with
its budget and subject to a 10% variance cap.
The Debtor's cash collateral consists of cash and receivables
subject to the liens held by the U.S. Small Business
Administration, the Alcohol and Tobacco Tax and Trade Bureau and
the debtor-in-possession (DIP) lenders.
As adequate protection, the Debtor proposed (1) monthly cash
payments of $731 to the SBA, equal to regular loan payments; (2)
replacement liens for both SBA and TTB on all post-petition
personal property (excluding avoidance actions); (3) continued
temporary TTB retention of previously levied funds; and (4)
repayment of the second DIP loan by March 31, 2026.
A court hearing on the matter is set for December 17.
The Debtor's need for cash collateral has been ongoing and
critical, as shown by nine prior motions and two rounds of DIP
financing, the latest approved on November 13.
The November 13 DIP order authorized the Debtor to enter into
$375,000 in post-petition loans, funded by four lenders: Robert
Hartry ($100,000), Margareta Hartry ($100,000), Christina Tyron
($100,000), and Jerry Anderson ($75,000). As protection, the
lenders received a superior security interest in accounts
receivable tied to two National Science Foundation purchase
orders.
The DIP order also allowed the Debtor to use cash collateral from
November 13 to March 31, 2026, to repay the latest DIP financing
and related fees and costs including $11,500 in loan fees and
accruing interest.
Marine Wholesale and Warehouse operates a TTB-bonded tobacco export
warehouse and owns two high-value warehouse properties in San Pedro
and Wilmington, collectively worth over $7.9 million. Its remaining
assets include equipment, vehicles, inventory, about $2 million in
current assets as of October, and roughly $125,000 in cash on
hand.
The Debtor's bankruptcy stems from a disputed $25 million TTB
excise tax assessment tied to an alleged unreported 2012 ownership
change. The Debtor said that TTB continued to treat it as properly
bonded for years -- accepting returns and overseeing operations --
yet still filed liens against all assets and ultimately levied the
Debtor's bank account, leading to the Chapter 11 filing.
About Marine Wholesale and
Warehouse Co.
Marine Wholesale and Warehouse Co. sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No.
22-13785) on July 12, listing between $10 million and $50 million
in assets and liabilities. Jennifer Hartry, vice president and
secretary, signed the petition.
Judge Sheri Bluebond oversees the case.
The Debtor tapped David R. Haberbush, Esq., at Haberbush, LLP as
legal counsel; Neville Peterson, LLP as special tax law counsel;
and Trojan and Company Accountancy Corp as accountant.
MARQUEZ CONSTRUCTION: OSC's Administrative Expense Claim Allowed
----------------------------------------------------------------
Judge Christopher G. Bradley of the United States Bankruptcy Court
for the Western District of Texas granted OSC Energy, LLC's
application for allowance and payment of post-petition
administrative expense claim in the bankruptcy case of Marquez
Construction and Maintenance, LLC. OSC's $151,370.83 claim is
allowed as a chapter 11 administrative expense.
On August 28, 2024, Marquez Construction and Maintenance, LLC filed
for chapter 11. When the case was filed, the Debtor provided oil
field services. To facilitate continued operations, the Debtor
entered into a post-petition rental agreement with OSC Energy, LLC
but did not inform OSC that it was in bankruptcy. Under the Rental
Agreement, OSC provided the Debtor with equipment, diesel fuel, and
pickup/delivery services between December 12, 2024 and May 2,
2025.
In February 2025, the United States Trustee filed a motion to
convert or dismiss the case under 11 U.S.C. Sec. 1112(b). On April
11, 2025, the Court entered an order that converted the case from a
reorganization under chapter 11 to a liquidation under chapter 7.
Aldo Lopez was appointed the chapter 7 trustee and the Debtor
stopped operations.
On July 16, 2025, OSC asked the Court to allow a $151,370.83
administrative expense claim. Creditor Pioneer Bank and the Chapter
7 Trustee both filed objections, primarily arguing that the
Application was untimely and that the expenses did not benefit the
estate.
The Chapter 7 Trustee and Pioneer also argued that the Court should
deny the Application as untimely because it was not filed before
the conversion date and the Court had not set another deadline.
Indeed, the case was converted on April 11, 2025, and the
Application was not filed until July 16, 2025.
The Court holds that OSC's claim was timely because no deadline was
set for filing administrative claims, and in any case, the creditor
received no notice of the bankruptcy. The Court finds the entirety
of OSC's claim is entitled to administrative expense status,
because when a chapter 11 debtor enters into a contract, all
expenses resulting from that contract -- even those arising after a
conversion to a chapter 7 liquidation -- should be treated as
administrative expenses. The Court concludes while the claim is
entitled to chapter 11 administrative claim status, it must be
denied the higher-priority chapter 7 administrative claim status,
because the creditor's goods and services neither benefitted the
chapter 7 estate nor were they sought or accepted by the chapter 7
trustee.
A copy of the Court's Memorandum Opinion and Order dated November
25, 2025, is available at https://urlcurt.com/u?l=1STEdw
About Marquez Construction and Maintenance
Marquez Construction offers pipeline services encompassing
gathering systems, well connects, meter stations, pump stations,
launchers, receivers and block valves.
Marquez Construction and Maintenance, LLC filed its voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
W.D. Tex. Case No. 24-31042) on August 28, 2024, listing up to
$50,000 in assets and $1 million to $10 million in liabilities. The
petition was signed by Angel Marquez, owner.
Judge Christopher G. Bradley oversees the case.
Carlos Miranda, Esq., at Miranda & Maldonado, PC represents the
Debtor as legal counsel.
The case was converted Chapter 7 on April 11, 2025. Aldo Lopez is
the Chapter 7 trustee.
MARYLAND HEALTH: Gets Court OK to Use Cash Collateral Until Dec. 20
-------------------------------------------------------------------
Maryland Health Alliance, Inc. received interim approval from the
U.S. Bankruptcy Court for the District of Maryland to use cash
collateral.
The court authorized the Debtor to use cash collateral through
December 20 in accordance with its budget.
The Debtor may exceed individual line items by up to 10% weekly so
long as cumulative four-week disbursements do not exceed the budget
by more than 10% without lender consent or further court order.
As adequate protection, the Debtor was ordered to make monthly
payments of $2,500 to First Savings Bank.
In addition, First State Bank and other pre-bankruptcy secured
creditors will be granted replacement liens on substantially all
post-petition property of the Debtor, excluding Chapter 5 causes of
action and any property subject to the carveout.
The next hearing is set for December 17. The deadline for filing
objections is on December 10.
A copy of the interim order and the Debtor's budget is available at
https://shorturl.at/IYZnp from PacerMonitor.com.
Substantially all of the Debtor's cash, including amounts on
deposit in bank accounts and proceeds from operations, constitutes
proceeds of collateral and therefore cash collateral. The creditors
that have or may have an interest in the cash collateral include
First Savings Bank, Pinnacle Business Funding, LLC, Parkside
Funding Group, LLC and the Internal Revenue Service.
First Savings Bank is represented by:
Paulina Garga-Chmiel, Esq.
10 South Wacker Drive, Suite 2300
Chicago, IL 60606
Direct: 312-627-5662
Mobile: 224-595-2366
Fax: 866-561-3142
PGarga@dykema.com
Parkside Funding Group is represented by:
Shanna M. Kaminski, Esq.
Kaminski Law, PLLC
P.O. Box 247
Grass Lake, MI 49240
Phone: (248) 462-7111
skaminski@kaminskilawpllc.com
About Maryland Health Alliance, Inc.
Maryland Health Alliance Inc. operates as an outpatient mental
health practice providing counseling and rehabilitation services to
individuals and families in Maryland. The organization offers group
therapy and psychiatric rehabilitation programs with an emphasis on
culturally competent care and community engagement. It focuses on
promoting personal growth, family well-being, and holistic
approaches to mental health within the communities it serves.
Maryland Health Alliance Inc. in Greenbelt, MD, sought relief under
Chapter 11 of the Bankruptcy Code filed its voluntary petition for
Chapter 11 protection (Bankr. D. Md. Case No. 25-19411) on Oct. 8,
2025, listing $500,000 to $1 million in assets and $1 million to
$10 million in liabilities. Corey A. Williams as president, signed
the petition.
STEINER LAW GROUP, LLC serve as the Debtor's legal counsel.
MATTAMY GROUP: Moody's Rates New Senior Unsecured Notes 'Ba2'
-------------------------------------------------------------
Moody's Ratings assigned Ba2 ratings to Mattamy Group Corporation's
(Mattamy) new senior unsecured notes. The company's Ba1 corporate
family rating, Ba1-PD probability of default rating and Ba2 ratings
on its existing senior unsecured notes remain unchanged. The
outlook remains unchanged at stable.
The company intends to use the net proceeds from the proposed
senior unsecured notes to redeem all of the company's 2027 and 2028
notes and repay a portion of the outstanding borrowings under the
revolving credit facility. The proposed transaction is leverage
neutral, but improves the company's liquidity by pushing out the
debt maturities.
RATINGS RATIONALE
Mattamy Group Corporation (Ba1 CFR) benefits from: (1) geographic
diversification across both Canada and the US with leading market
share in key communities; (2) high gross margins compared to US
peers, supported by a large, low-cost land position in the
supply-constrained Greater Toronto Area (GTA); (3) Moody's
expectations that debt to book capitalization will be around or
below 35% in fiscal 2026 and 2027; and (4) strong revenue
visibility underpinned by mostly a build-to-order long-term
strategy and structural advantages in Canada's housing market.
The rating is constrained by: (1) affordability challenges
negatively impacting new home sales demand and prices; (2) long
land supply and land development strategy exposing the company to
negative free cash flow; and (3) a lengthy entitlement process in
Canada requiring the maintenance of a large land bank.
Mattamy has good liquidity. As of August 2025, liquidity is
supported by close to CAD75 million in cash and about CAD1.4
billion available under the CAD1.5 billion revolving credit
facilities expiring in November 2027. Uses are comprised of Moody's
estimates of negative free cash flow of around CAD250 million and
debt maturities of about CAD85 million related to project specific
financings in the next four quarters. Mattamy has ample headroom
under financial covenants in its credit agreements, which include
debt to capitalization, interest coverage and minimum net worth.
The company has strong sources of alternate liquidity to raise cash
given its robust land inventory position, with assets largely
unencumbered.
The Ba2 rating on Mattamy's senior unsecured notes, one notch below
the Ba1 CFR, reflects the notes' junior position relative to the
secured debt in Mattamy's capital structure.
The stable rating outlook reflects Moody's expectations that
Mattamy will continue to sustain adjusted debt to book
capitalization below 35%, with consolidated gross margins falling
to the low-20s.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Mattamy's ratings could be upgraded if the company meaningfully
increases its scale and improves its market positions in the US
markets. An upgrade would also require maintenance of strong credit
metrics, including homebuilding debt to book capitalization below
30% and EBIT interest coverage in the high single digits on a
sustained basis. Finally, an upgrade would require maintenance of
conservative financial policy, including strong free cash flow
generation and liquidity.
The ratings could be downgraded if gross margins fall well below
20%, homebuilding debt to book capitalization is maintained above
40%, EBIT interest coverage remains below 5.0x, or liquidity
weakens. The ratings could also be downgraded if the company shifts
to a more aggressive financial policy or recognizes major
impairment charges.
The principal methodology used in these ratings was Homebuilding
and Property Development published in September 2025.
Mattamy Group Corporation, established in 1978 with headquarters in
Toronto, Ontario, constructs single-family homes and high-rise
buildings and has a presence in in Canada and the US.
MCGLOTHLIN INVESTMENTS: To Sell Moneta Property to C. & L. Barnes
-----------------------------------------------------------------
McGlothlin Investments, LLC seeks permission from the U.S.
Bankruptcy Court for the Western District of Virginia, to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor's Property is located at Lot 30, South Harbour, Moneta,
VA 24121.
The Debtor is the joint owner of the Property, as tenants in
common, with an individual, Jason Gregory, as detailed below:
a. Property Identification: Lot 30, South Harbour, Moneta, VA,
Franklin County Tax Map No. 0482003000. The Property consists of
undeveloped land.
b. Liens:
i. Inchoate real estate tax lien in favor of the Treasurer,
Franklin County.
ii. The Debtor is not aware of any other liens on the Property.
Gregory and the Debtor own their respective interests in the
Property through an unincorporated
joint venture. Gregory provided $45,000.00 at the time of the
purchase of the Property by the
Debtor and Gregory.
The Debtor and Gregory have received an offer to purchase the
Property for $60,000 from Corey C. Barnes and Leah C. Barnes. The
Purchasers are not connected to the Debtor or its principal, any of
the Debtor’s principal's other companies, or the other co-owner
of the Property (Gregory) in any way.
As described in the Contract, the Sellers' Listing Firm is
Wainwright & Co., and the Purchasers' Selling Firm is RE/MAX
Lakefront Realty. Per the Compensation Agreement included as an
Addendum to the Contract, the Selling Firm is entitled to a
commission of four percent of the purchase price to be paid at
settlement. At the closing of the sale of this Property, the Debtor
expects that a real estate settlement agent would pay approximately
$1,000 in seller closing fees and taxes, including customary fees
for seller's attorney for the preparation of the deed and for
representing the seller at closing.
The Debtor submits that the sale of the Property according to the
terms of the proposed Contract would realize the full fair market
value of the Property.
The Debtor believes that all real estate taxes payable to Franklin
County are current, but provides notice of this proposed sale to
the Treasurer of Franklin County out of an abundance of caution.
The Debtor submits that the proposed sale price would be sufficient
to satisfy any outstanding real estate tax liabilities at closing
in any event.
The Debtor proposes that any liens on the Property, including any
inchoate tax liens in favor of Franklin County, will be paid from
the sale proceeds at closing.
About McGlothlin Investments, LLC
McGlothlin Investments LLC is a Virginia-based company engaged in
real estate ownership, development, and property management.
McGlothlin Investments LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Va. Case No. 25-70840) on
September 17, 2025. In its petition, the Debtor reports estimated
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Bankruptcy Judge Paul M. Black handles the case.
The Debtor is represented by Richard D Scott, Esq., of Law Office
of Richard D. Scott PC.
MCHUGH JUNK: Allowed to Pay Pre-Petition Wages
----------------------------------------------
Judge Elizabeth D. Katz of the United States Bankruptcy Court for
the District of Massachusetts authorized McHugh Junk Removal Inc.
to pay pre-petition wages. The Debtor is also permitted to honor
outstanding prepetition payroll checks.
The Debtor contends that, in order to preserve and maintain its
property and operations, it is essential that the Debtor pay
certain expenses, including, without limitation, pre-petition
priority wages, and accompanying, pension contribution, and related
charges. It is particularly vital that the Debtor pay its employees
their priority wages because, unless they are paid such sums, they
will not continue to provide services. The Debtor must continue its
business operations because one of its primary assets is its
customer base and a cessation of its ability to provide services
would lead to an immediate and irreparable erosion of the customer
base. It would also cause its customers harm if they cannot dispose
the household waste. All employees have accrued salary arrearages
of less than $2,000.00 in the last 90 days. Payroll taxes and the
employees' portion of pension contributions are all current.
Additionally, there are no insiders or officers that will be paid
under the terms of this motion other than the Debtor's domestic
partner.
A copy of the Court's Order dated November 26, 2025, is available
at https://urlcurt.com/u?l=7JgpXM from PacerMonitor.com.
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 to $1,000,000 and estimated liabilities of $100,001 to
$1,000,000. The 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.
MEG ENERGY: Moody's Withdraws 'Ba3' CFR Following Debt Repayment
----------------------------------------------------------------
Moody's Ratings withdrew MEG Energy Corp.'s (MEG) Ba3 corporate
family rating, Ba3-PD probability of default rating, B1 senior
unsecured notes rating and SGL-1 speculative grade liquidity rating
(SGL). Prior to the withdrawal, the CFR, PDR and senior unsecured
rating were on review for upgrade and the outlook was rating under
review. This action follows the repayment of MEG's rated debt after
being acquired by Cenovus Energy Inc. (Cenovus, Baa1 negative).
RATINGS RATIONALE
Moody's have withdrawn the ratings as a result of the repayment of
the rated debt.
MEG was a publicly-listed Calgary, Alberta based
steam-assisted-gravity-drainage (SAGD) oil sands developer at the
Christina Lake project in the Athabasca Oil Sands region in
Northern Alberta.
MILLENKAMP CATTLE: Kander's Final Fee Application Okayed
--------------------------------------------------------
Chief Judge Noah G. Hillen of the United States Bankruptcy Court
for the District of Idaho approved the final application for
allowance of fees & costs filed by financial advisor Kander LLC in
the bankruptcy case of Millenkamp Cattle Inc. Kander is awarded
fees in the amount of $609,508.50 and expenses in the amount of
$4,173.98.
The Debtors are authorized to pay the remaining unpaid amounts as
outlined in the application ($613,682.48).
A copy of the Court's Order dated November 24, 2025, is available
at https://urlcurt.com/u?l=qwGmvw from PacerMonitor.com.
About Millenkamp Cattle
Millenkamp Cattle Inc., is part of a family-owned agriculture
business that can produce more than 1 million pounds of milk per
day.
Millenkamp Cattle Inc. and its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Idaho Lead Case
No. 24-40158) on April 2, 2024. In the petitions filed by William
J. Millenkamp, manager, Millenkamp Cattle estimated assets between
$10 million and $50 million and estimated liabilities between $500
million and $1 billion.
Judge Noah G. Hillen oversees the cases.
The Debtors tapped Matthew T. Christensen, Esq., at Johnson May,
PLLC, as bankruptcy counsel and Givens Pursley as special counsel.
The Court on June 27, 2025, entered an Order confirming the
Debtors' Fifth Amended Plan of Reorganization.
MODIVCARE INC: Lenders Want Speedy Chapter 11 Plan Approval
-----------------------------------------------------------
Yun Park of Law360 reports that ModivCare's debtor-in-possession
lenders and consenting creditors are pushing a Texas bankruptcy
judge to confirm the company's Chapter 11 plan as quickly as
possible. The plan, they say, would cut the company's debt by $1.1
billion and support a viable path forward for the medical
transportation provider.
The group also rejected concerns raised by the unsecured creditors'
committee, arguing that the objections should not hinder the plan's
confirmation. They stressed that swift court approval is essential
to ensure continuity and preserve value for all stakeholders, the
report states.
About Modivcare Inc.
ModivCare Inc. is a technology-enabled healthcare services company
that provides a suite of integrated supportive care solutions for
public and private payors and their members.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90309) on August 20,
2025. In the petition signed by Chad J. Shandler, chief
transformation officer, the Debtor disclosed up to $10 billion in
both assets and liabilities.
Judge Alfredo R. Perez oversees the case.
Timothy A. Davidson II, Esq., at Hunton Andrews Kurth LLP,
represents the Debtor as legal counsel.
MORTGAGES LTD: Final Distribution, Deposit of Unclaimed Funds OK'd
------------------------------------------------------------------
Judge Scott H. Gan of the United States Bankruptcy Court for the
District of Arizona granted ML Manager LLC's motion for an order
authorizing payment of final distribution to the investors and
deposit of unclaimed funds with Clerk of the Court in the
bankruptcy case of Mortgages Ltd.
ML Manager, as manager for the Loan LLCs and the MP Fund LLCs and
as agent for the Pass-Through Investors, is authorized and directed
to execute any and all necessary documents and take any and all
actions necessary to implement the actions as presented in the
motion.
Issues regarding the remnant property in Tucson shall be reserved
and dealt with at a later time.
The Court approves and authorizes that upon the Board being
relieved of its services, VSA Accounting Services is appointed to
act on behalf of and perform the winddown activities of ML Manager
and accept possession of the reserved funds and use
the funds to pay the expenses of the winddown activities and take
actions necessary for ML Manager to complete the winddown
activities.
A copy of the Court's Order dated December 2, 2025, is available at
https://urlcurt.com/u?l=BoSDZO from PacerMonitor.com.
About Mortgages Ltd.
Mortgages Ltd. was the subject of an involuntary Chapter 7 petition
dated June 20, 2008, filed by KGM Builders Inc. -- a contractor for
Grace Communities, a borrower of the company -- in the U.S.
Bankruptcy Court for the District of Arizona. Central & Monroe LLC
and Osborn III Partners LLC, divisions of Grace Communities, sought
the appointment of an interim trustee for Mortgages Ltd. in the
Chapter 7 proceeding.
Mortgages Ltd. faced lawsuits filed by Grace Communities and
Rightpath Limited Development Group for its alleged failure to
fully fund loans. Mortgages Ltd. denied the charges.
The Debtor's case was converted to a chapter 11 proceeding (Bankr.
D. Ariz. Case No. 08-07465) on June 24, 2008. Judge Sarah Sharer
Curley presided over the case. Carolyn Johnsen, Esq., and Bradley
Stevens, Esq., at Jennings, Strouss & Salmon P.L.C., replaced Todd
A. Burgess, Esq., at Greenberg Traurig LLP, as counsel to the
Debtor. As of Dec. 31, 2007, the Debtor had total assets of
$358,416,681 and total debts of $350,169,423.
Mortgages Ltd. was reorganized pursuant to a plan that was
confirmed by the Bankruptcy Court on March 20, 2009. As part of
the Plan, ML Manager LLC was created to manage and operate the
loans in the portfolio. The original investors for the most part
transferred their interests to 49 separate Loan LLC's. A number of
investors, referred to as "pass through investors" did not transfer
their interests. As part of the Plan, ML Manager took out $20
million in exit financing to help keep the company afloat during
the reorganization.
MSOF BEACON: Moody's Assigns 'B2' CFR, Outlook Stable
-----------------------------------------------------
Moody's Ratings assigned a B2 Corporate Family Rating to MSOF
Beacon, LLC (dba Potters Industries). Moody's also assigned a B2-PD
probability of default rating and a B2 rating to the proposed
senior secured bank credit facilities, consisting of a $125 million
senior secured first lien multi-currency revolving credit facility
and $625 million senior secured first lien term loan B. The
proceeds of the term loan issuance will be used to fund the
acquisition of Potters Industries by a fund affiliated with
Macquarie Asset Management from The Jordan Company. The ratings
outlook is assigned stable. Moody's will withdraw the ratings on
Potters Borrower, LP, once the transaction closes.
Governance is a key driver for this rating reflecting high absolute
debt level as a result of leveraged buyout by a fund affiliated
with Macquarie Asset Management.
RATINGS RATIONALE
MSOF Beacon, LLC rating reflects its small scale, limited product
diversity with the majority of earnings generated by glass
microspheres used in road and transportation markings and in
industrial and consumer applications. The rating is constrained by
an increased absolute debt amount (an approximately $100 million
increase) as a result of the leveraged buyout, while the company
has yet to fully demonstrate higher earnings following the start-up
of a new direct melt glass bead plant in Wilson, North Carolina in
the second quarter of 2025. Moody's estimates Moody's adjusted
debt/EBITDA of 5.6x in the twelve months ended September 2025, pro
forma for the new debt and expected additional run-rate EBITDA at
the Wilson plant. The company expects strong demand for Wilson
plant products because of the enhanced reflectivity requirements in
roadways in a number of states. Increasing demand for wider road
markings, brighter lines, and demand for recyclable materials
continue to support business visibility of glass microspheres. The
company's Performance Materials business has exposure to several
end markets, including general industrial (oil and gas and mining),
home construction and repair/remodel, that can be negatively
impacted by weaker economic growth. Nevertheless, Moody's expects
earnings growth driven by additional volume and pricing which will
result in Moody's adjusted leverage of 5.5x and 5.3x in 2026 and
2027, assuming only amortization payments. Moody's expects the
company to generate free cash flow, but Moody's expects it to be
primarily used to pursue organic or non-organic growth
opportunities.
The rating is supported by the company's leading positions in the
global glass microsphere market in North America, Europe and Latin
America, and number two position in Asia-Pacific. The rating is
also supported by relatively stable sales volumes, particularly in
transportation safety, and historically attractive EBITDA margins.
The rating further considers Potters Industries' extensive global
production network with 32 facilities worldwide that serve a
diverse customer base with long-term customer relationships.
The sponsor expects to prioritize using free cash flow generated by
the company to reinvest in the business. At the same time, the
proposed credit agreement includes certain baskets for restricted
payments. High starting leverage and concentrated ownership result
in G-4 governance issuer profile score.
LIQUIDITY
The company is expected to have good liquidity. The company is
expected to have approximately $10 million of cash pro forma for
the transaction. The company is also expected to have full
availability on the proposed $125 million revolving credit facility
maturing in 2030. The new facility is $25 million larger than the
company's previous facility. The company relies on its revolver for
seasonal working capital needs. It typically builds inventory in
the first quarter ahead of the road paving and marking season and
collects cash in the third and fourth calendar quarter. The
proposed revolver has a springing first lien net leverage covenant
of 8.95x if revolver borrowing is more than 40% of aggregate
revolver commitments. The company will have a large cushion under
the covenant pro forma for the transaction with the closing first
lien net leverage set at 5.25x. The term loan due in 2032 has no
covenants. Annual amortization payments are 1% or approximately
$6.25 million. There are no near-term maturities. Moody's expects
the company to generate approximately $34 million of free cash flow
in 2026 on the back of higher EBITDA and a decline in capital
expenditures after the company completed its investment into a new
direct melt plant in Wilson, NC. Maintenance capital expenditures
are approximately 2-3% of sales. Assets are mostly encumbered.
Marketing terms for the new credit facilities (final terms may
differ materially) include the following:
Incremental pari passu debt capacity up to the greater of 100% of
Financing EBITDA and the EBITDA equivalent percentage, plus an
additional amount subject to the greater of 5.75x first lien net
leverage ratio and leverage neutral incurrence. There is an inside
maturity sublimit of up to the greater of 200% of Financing EBITDA
and EBITDA equivalent percentage.
Liability management provisions and protections in the credit
documentation are expected to be J. Crew, "Chewy" and " Serta"
provisions. A "blocker" provision restricts the designation of a
restricted subsidiary as an unrestricted subsidiary, if it owns
material intellectual property. The credit agreement is expected to
provide some limitations on up-tiering transactions, requiring
affected lender consent for amendments that contractually
subordinate the debt or liens unless such lenders can ratably
participate in such priming debt.
Asset sale proceeds may be used by the company to make permitted
restricted payments or restricted debt prepayments.
Amounts up to 100% of unused capacity from the builder basket,
certain capacities from the RP and RDP covenants, the contribution
amount, and the employee equity repurchase basket may be
reallocated to incur debt or liens.
Carve out growth components include a highwater mark feature.
The capital structure is portable to a New Sponsor subject to
ratings reaffirmation.
The stable rating outlook reflects Moody's expectations that
Potters Industries will improve earnings and generate free cash
flow in 2026 on the back of recent capital investments.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's would consider an upgrade if financial leverage, including
Moody's standard adjustments, is sustained below 4.0x, the
company's size increases to over $500 million in revenue, product
or end market diversity improves materially providing the potential
for greater organic growth, free cash flow remains positive and the
private equity sponsor is supportive of maintaining leverage below
4.0x on a sustained basis.
The ratings could be downgraded if leverage is above 6.0x and free
cash flow is negative for a sustained period, or if there is a
significant deterioration in liquidity, a large debt-financed
acquisition or dividend.
MSOF Beacon, LLC, is a leading provider of glass spheres for
highway and safety markings and engineered glass materials used in
a variety of end use applications. The company operates in two
segments: Transportation Safety and Performance Materials, which
represented approximately 67% and 33% of revenue in the twelve
months ended September 2025. Potters generated approximately $498
million in revenue for the twelve months ending September 2025. A
fund associated with Macquarie Asset Management is acquiring
Potters Industries, LP from The Jordan Company.
The principal methodology used in these ratings was Chemicals
published in October 2023.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
MW MASON: Gets Interim OK to Use Cash Collateral
------------------------------------------------
MW Mason Construction, Inc. got the green light from the U.S.
Bankruptcy Court for the Central District of California, Northern
Division, to use cash collateral.
At the recent hearing, the court granted the Debtor interim
approval to use cash collateral to fund operations through February
11.
The Debtor intends to use cash collateral to maintain its high-end
custom cabinetry business under a three-month budget (with a 10%
variance) while reorganizing under Subchapter V of Chapter 11.
The Debtor's primary assets include approximately $40,000 in cash,
$44,911 in accounts receivable, $50,000 in inventory, $48,500 in
vehicles, and $53,850 in equipment, totaling around $237,261.
Multiple creditors hold UCC-1 filings but only the first-position
lienholder, Kapitus Servicing, Inc. (owed $193,440), and the
second-position lienholder, the U.S. Small Business Administration
(owed $500,000), have secured claims that attach to all assets.
Because the combined Kapitus and SBA claims exceed the Debtor's
total asset value, all other creditors with UCC-1 filings including
Headway Capital, BayFirst National Bank, Newity, Lendistry, and
Funding Metrics are unsecured.
The Debtor believes these secured creditors are adequately
protected because its business is continuing to generate new
income; there is no evidence of declining asset value; and Kapitus
and the SBA will receive replacement liens on post-petition revenue
to the same extent and priority as their pre-petition lien.
MW Mason resorted to filing bankruptcy after becoming entangled in
multiple merchant cash advance obligations that severely restricted
cash flow.
About MW Mason Construction Inc.
MW Mason Construction, Inc. is a construction services provider in
the United States, working across residential and commercial
sectors. It delivers general contracting, design-build, and
renovation services, prioritizing high-quality results, project
efficiency, and client satisfaction.
MW Mason Construction sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-11589) on November 25, 2025.
Its petition reports estimated assets between $100,001 and
$1,000,000 and estimated liabilities of $1 million to $10 million.
Honorable Bankruptcy Judge Ronald A. Clifford, III presides over
the case.
The Debtor is represented by William C. Beall, Esq., at Beall and
Burkhardt, APC.
NAVACORD INTERMEDIATE: Fitch Affirms B LongTerm IDR, Outlook Stable
-------------------------------------------------------------------
Fitch Ratings has affirmed the Long-Term Issuer Default Ratings
(IDRs) of Navacord Intermediate Holdings, Inc. (Navacord) and its
wholly owned borrower subsidiary, Jones DesLauriers Insurance
Management Inc. (Jones DesLauriers), at 'B'. The Rating Outlook is
Stable.
Fitch has assigned a 'B+' rating with a Recovery Rating of 'RR3' to
Jones DesLauriers' new first-lien term loan. Transaction proceeds
will fund the acquisition of a large majority-employee-owned
brokerage company.
Fitch has affirmed Jones DesLauriers's senior RCF at 'B+' /'RR3',
first-lien term loan at 'B+'/'RR3', senior secured notes at
'B+'/'RR3', and senior unsecured notes at 'CCC+'/'RR6'.
While Navacord's EBITDA leverage is high at over 8.0x on a pro
forma basis, the 'B' rating reflects the company's resilient
organic growth profile and strong operating margins. The rating
also reflects its position as a top-three commercial brokerage in
Canada. Rating constraints include an aggressive financial policy
and the likelihood that leverage will remain elevated.
Key Rating Drivers
High Leverage: Fitch expects Navacord's pending acquisition of the
brokerage company to increase near-term credit risk, with pro forma
EBITDA leverage rising into the mid-8.0x range. The high leverage
is likely to constrain the IDR to the 'B' category over the near
term.
Fitch expects Navacord's leverage to remain elevated due to its
aggressive M&A strategy. While Fitch expects credit risk will
increase for issuers that prioritize debt-financed M&A, the
sector's recession-resistant characteristics and strong FCF
partially offset the risk. The stability of well-managed insurance
brokerage firms throughout economic cycles enables them to tolerate
a higher degree of financial leverage than other corporate
sectors.
Aggressive M&A Growth Strategy: Fitch views Navacord's aggressive
M&A strategy as a key factor that constrains its IDR to the 'B'
category. The pending acquisition is the company's largest deal to
date. Since its founding, Navacord has deployed over CAD 2.3
billion to complete more than 128 transactions, and Fitch expects
it to continue prioritizing acquisitions. Although acquisitions
have historically been largely debt funded, integration risk is
considered manageable given the business model, as transactions
primarily target customer and broker acquisition.
Solid Market Position: Fitch considers Navacord's strong position
in the Canadian insurance distribution market as one of the largest
commercial brokerage and employee benefits firms in the country as
credit positive. Fitch expects Navacord's pro forma market share to
rise, with revenue increasing by roughly one-third following the
acquisition. While the insurance brokerage industry is highly
fragmented and competitive, Navacord has consistently delivered
positive organic revenue growth—at least mid-single-digit since
2017, double-digit from 2019 to 2023, high-single-digit in 2024,
and mid-single-digit in 2025 amid softer market conditions. Fitch
expects this solid organic growth to continue over the next few
years, albeit potentially at a slower pace as sector trends
moderate.
Broad Diversification: Navacord benefits from broad client, broker
and carrier diversification, despite operating solely in Canada. It
serves over 85,000 commercial clients, with the top 20 customers
comprising only 5% of revenue. Its top 10 producers account for
less than 10% of revenue. The company is diversified by insurance
carrier partners and business lines, including commercial and
personal property and casualty (P&C) and benefits. Navacord's
strong market position prevents geographic concentration from
limiting its IDR. Fitch believes the company could expand beyond
Canada over time; however, this would involve execution risks
associated with geographical diversification.
Stable Business Model: The company operates a predictable business
model in an industry that performs well throughout the economic
cycle. Founded in 2014, Navacord has a more limited operating
history than other Fitch-rated brokers. However, Fitch expects the
industry to exhibit much lower revenue and earnings declines in a
recession than in many other sectors, given the sticky nature of
insurance. Many large global insurance brokers have grown
organically each year since 2007 (except for a modest decline in
2009) and also grew during the pandemic. Navacord still faces
specific risks from its exclusive exposure to the Canadian market.
Cash Flow Ratios Constrained: Fitch expects FCF to remain
constrained due to debt-financed M&A, which elevates leverage and
keeps near-term interest coverage near Fitch's negative sensitivity
threshold for the 'B' IDR. Although constrained FCF reflects
Navacord's roll-up M&A strategy, underlying cash generation remains
solid. Fitch believes that moderating M&A would materially improve
cash flow, unless excess cash is redirected to shareholder
returns.
Peer Analysis
Navacord operates in a fragmented landscape of insurance brokerage
and employee benefits providers, competing with local and regional
firms, national agents, and large multinational brokers. Fitch
rates numerous insurance brokerages with comparable scale,
operating profiles, and business models.
Navacord holds a strong position among commercial brokers in Canada
and has achieved meaningful scale, with revenue exceeding CAD 750
million and annual premiums near CAD 3.0 billion. However, it
remains relatively small and carries materially higher financial
leverage than larger global peers such as Marsh & McLennan
Companies, Inc. (A-/Stable) and Aon plc (BBB+/Stable). It is also
notably smaller than mid-sized US issuers such as Brown & Brown,
Inc. (BBB/Stable) & Ryan Specialty Holdings, Inc. (BB+/Stable).
Navacord's 'B' rating reflects the company's strong historical
growth, solid profitability, and diversification across customers
and business segments, offset by an aggressive, debt-financed M&A
strategy that has resulted in high gross leverage.
Fitch’s Key Rating-Case Assumptions
- Organic revenue growth are estimated to be in the mid-single
digit percentage range over the ratings horizon, plus contributions
from incremental M&A through fiscal year (FY) 2029;
- EBITDA margins are estimated to be in the low-30% range,
improving due to planned cost-saving initiatives and synergies;
- Interest rates assumptions are as follows: Secured overnight
financing rate (SOFR) to decline to the mid-3% range over the
ratings horizon;
- Cash taxes remain a modest use of cash flow in the next few
years;
- Fitch assumes Navacord will continue its growth-driven M&A
strategy and will incur cash outflows related to purchase and
integration costs. Fitch assumes this remains the primary use of
cash flow and incremental M&A is funded via internal cash flow and
incremental debt.
Recovery Analysis
For entities rated 'B+' and below—where default is closer and
recovery prospects are more meaningful to investors—Fitch
undertakes a tailored, or bespoke, analysis of recovery upon
default for each issuance. The resulting debt instrument rating
includes a Recovery Rating or published 'RR' (graded from 'RR1' to
'RR6') and is notched from the IDR accordingly. In this analysis,
there are three steps: (i) estimating the distressed enterprise
value (EV); (ii) estimating creditor claims, and (iii) distribution
of value.
Fitch assumes Navacord would emerge from a default scenario under
the going-concern approach rather than liquidation. Key assumptions
used in the recovery analysis are as follows:
- Going-concern EBITDA: Fitch estimates a going-concern EBITDA of
approximately CAD 290 million, or well below Fitch's estimate for
pro forma run-rate EBITDA. This lower level of EBITDA considers
competitive and/or company-specific pressures that could hurt
earnings in the future while also considering that its M&A strategy
could lead to a much higher EBITDA base before any risk of
bankruptcy.
- EV Multiple: Fitch assumes a 6.5x multiple, which is validated by
historic public company trading multiples, industry M&A and past
reorganization multiples Fitch has seen across various industries.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Deterioration in operating fundamentals that lead to weaker
revenue trends, margin underperformance, and compression of cash
flows;
- EBITDA Interest Coverage, or EBITDA/interest paid, sustained
below 1.5x;
- (CFO-capex)/Debt sustained near 1% or below, excluding
M&A-related costs;
- EBITDA leverage sustained above 8.0x, particularly if driven by
shareholder distributions.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA Leverage, or Debt/EBITDA, sustained below 6.5x;
- (CFO-capex)/Debt sustained in mid-single digits.
Liquidity and Debt Structure
Navacord's balance sheet is reasonably well positioned, with cash
of CAD 267 million as of July 31, 2025, and full availability under
its senior secured revolving credit facility. Cash needs are
modest, given the business's low capital intensity and working
capital requirements along with manageable debt amortization and
cash taxes. This supports sufficient liquidity to operate the
business and fund organic growth and M&A.
Pro forma debt includes an upsized CAD 325 million senior secured
revolver; USD 372 million of senior secured first-lien term loans;
a new USD 660 million term loan; USD 725 million of senior secured
notes; USD 400 million of senior unsecured notes; and CAD 200
million of senior unsecured notes. The revolver and term loans are
floating rate; the senior notes carry fixed coupons. There are no
near-term maturities, with first-lien debt and senior notes
maturing in 2030. Fitch expects debt to increase as the company
continues its M&A-driven growth strategy.
Issuer Profile
Navacord Corp. is an insurance brokerage firm, founded in 2014. It
was incorporated under Navacord Corp. in 2018 and is one of the
largest property and casualty (P&C) insurance brokers and benefits
providers in Canada.
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
----------- ------ -------- -----
Jones DesLauriers
Insurance Management
Inc. LT IDR B Affirmed B
senior secured LT B+ New Rating RR3
senior unsecured LT CCC+ Affirmed RR6 CCC+
senior secured LT B+ Affirmed RR3 B+
Navacord Intermediate
Holdings Inc. LT IDR B Affirmed B
NAVACORD INTERMEDIATE: Moody's Affirms 'B3' CFR, Outlook Stable
---------------------------------------------------------------
Moody's Ratings has affirmed the B3 corporate family rating and
B3-PD probability of default rating of Navacord Intermediate
Holdings Inc. (together with its subsidiaries, Navacord). Moody's
also affirmed the B2 backed senior secured first-lien term loan,
backed senior secured first-lien revolving credit facility and
backed senior secured notes ratings and the Caa2 backed senior
unsecured notes ratings of subsidiary Jones DesLauriers Insurance
Management Inc. (Jones DesLauriers). Navacord announced plans to
issue a USD660 million seven-year backed senior secured first-lien
term loan (rating assigned B2, issued by Jones DesLauriers) to help
fund the acquisition of a large, majority-employee-owned brokerage
company in Canada. The company will use the net proceeds of this
borrowing and newly issued preferred equity along with common
equity rolled from the target into Navacord to fund the
acquisition, repay the target's outstanding debt and pay fees and
expenses related to the transaction. Moody's also assigned a B2
rating to Navacord's new five-year backed senior secured first-lien
revolving credit facility due in 2031, also issued by Jones
DesLauriers, which will replace the company's existing revolver.
The rating outlook for Navacord Intermediate Holdings Inc. and
Jones DesLauriers is stable.
RATINGS RATIONALE
Navacord's ratings reflect its leading market presence in the
insurance brokerage sector in Canada, generally serving middle
market clients. The company has a good mix of business across
commercial and personal property & casualty (P&C) insurance,
employee benefits and a variety of specialty insurance programs,
including construction and transportation. The company is also
diversified geographically across Canada, particularly in Ontario,
Alberta and British Columbia. Navacord has produced solid organic
revenue growth in the mid-single digits in recent quarters,
supporting healthy EBITDA margins in the low 30s (per Moody's
calculations). The company pursues an active acquisition strategy,
driving operational efficiency through integration under one brand.
The proposed acquisition will solidify Navacord's position in the
commercial middle market, adding scale as well as business and
geographic diversification.
These strengths are tempered by Navacord's aggressive financial
leverage, low fixed charge and free cash flow coverage, and
execution risk associated with acquisitions. Navacord also faces
potential liabilities arising from errors and omissions, a risk
inherent in professional services.
For the 12 months through July 2025, Navacord reported CAD852
million of revenue, up from CAD769 million in 2024, driven by a
combination of acquisitions and organic growth. Navacord has
historically produced strong organic growth through new business
wins, strong business retention, and rate increases in employee
benefits and personal P&C insurance, partly offset by a weaker rate
environment in commercial P&C insurance. Navacord's EBITDA margin
has stayed healthy in the low 30s (per Moody's calculations) as the
company invests in technology and adds headcount to support
growth.
Giving effect to the transaction, Moody's estimates Navacord's pro
forma debt-to-EBITDA ratio will be above 7.5x, with (EBITDA -
capex) interest coverage of 1.2x-1.5x, and a free-cash-flow-to-debt
ratio in the low single digits. These metrics include Moody's
adjustments for operating leases, deferred earnout obligations and
run-rate earnings from completed acquisitions. Moody's expects the
company will reduce its leverage below 7.5x within a year after
closing the transaction.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade of Navacord's ratings
include: (i) increased scale and diversification, (ii)
debt-to-EBITDA ratio below 6x, (iii) (EBITDA - capex) coverage of
interest exceeding 2x, and (iv) free-cash-flow-to-debt ratio
exceeding 5%.
Factors that could lead to a downgrade of the ratings include: (i)
debt-to-EBITDA ratio above 7.5x, (ii) (EBITDA - capex) coverage of
interest below 1.2x, (iii) free-cash-flow-to-debt ratio below 2%,
or (iv) disruptions to existing or newly acquired operations.
The principal methodology used in these ratings was Insurance
Brokers and Service Companies published in February 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Based in Toronto, Canada, Navacord offers a diversified mix of P&C
insurance, employee benefits and specialized products mainly to
middle market businesses across Canada. The company generated
revenue of CAD852 million for the 12 months through July 2025.
NEW HOME: $75MM Unsecured Notes Add-on No Impact on Moody's B2 CFR
------------------------------------------------------------------
Moody's Ratings said that The New Home Company Inc.'s (New Home) B2
corporate family rating, B2-PD probability of default rating and B2
senior unsecured notes rating are unchanged following the company's
announcement that it plans to issue $75 million of senior unsecured
notes, which are an add-on to the 8.5% $300 million senior
unsecured notes due November 2030. The outlook remains positive.
Proceeds from the issuance will be used to partially repay the
outstanding balance on the company's $600 million unsecured
revolving credit facility and pay fees and expenses related to the
offering. The transaction is leverage neutral and New Home's debt
to capitalization on a reported basis was about 41% as of 30
September 2025.
New Home's B2 CFR reflects its disciplined land acquisition
strategy, focus on affordable housing, and ongoing efforts to
reduce leverage. The rating also incorporates the company's
enhanced scale and geographic diversity following its June 2025
acquisition of Landsea Homes.
The rating further considers industry-wide cost pressures—rising
land, labor, and material expenses—that will likely compress
margins, as well as the cyclical nature of homebuilding, which can
result in prolonged revenue declines. Near-term housing market
volatility, driven by economic uncertainty and weak consumer
confidence, could challenge New Home's ability to successfully
integrate Landsea.
The B2 rating on New Home's senior unsecured notes is in line with
the B2 corporate family rating, reflecting a largely unsecured
capital structure.
New Home is a regional homebuilder, headquartered in Irvine,
California, and focused on the design, construction and sale of
single-family homes in major metropolitan areas within select
growth markets. The company has a presence in California, Arizona
and Colorado and has recently expanded into Oregon, Washington,
Florida and Texas. New Home is owned by funds managed by affiliates
of Apollo Global Management, Inc. ("Apollo").
NORTHERN FUEL: Stipulated Motion for Automatic Stay Relief Okayed
-----------------------------------------------------------------
Judge Shon Hastings of the United States Bankruptcy Court for the
District of Minnesota granted the stipulated motion for relief from
the automatic stay in the bankruptcy case of Northern Fuel and
Convenience, Inc., allowing Parkland USA Corporation or its
representatives to enter onto My Store – Solway, Inc. premises
and remove all Cenex Branding from the Solway Store.
Debtors Northern Fuel and Convenience, Inc., and My Store –
Solway, Inc. filed a motion to approve stipulation. In their
stipulation for rejection of executory contract and relief from the
automatic stay, Debtors noticed their intent to reject a Fuel
Supply Agreement effective November 10, 2025.
Debtors' decision to reject the Fuel Supply Agreement described in
the stipulation is approved.
A copy of the Court's Order dated November 26, 2025, is available
at https://urlcurt.com/u?l=RZjdm8 from PacerMonitor.com.
About Northern Fuel & Convenience Inc.
Northern Fuel & Convenience Inc. operates convenience stores and
gas stations in Minnesota, managing locations at 54345 Highway 72
NE in Waskish and 4895 Jones Townhall Road NW in Solway, serving
local communities with fuel and retail products.
Northern Fuel & Convenience Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Minn. Case No. 25-60536) on
September 2, 2025. In its petition, the Debtor reports total assets
of $214,000 and total Liabilities of $2,468,948.
The Debtor is represented by Kesha Tanabe, Esq. at VOGEL LAW FIRM.
OFFICE PROPERTIES: Russell R. Johnson Represents Utility Companies
------------------------------------------------------------------
In the Chapter 11 bankruptcy cases of Office Properties Income
Trust and its debtor-affiliates, Russell R. Johnson III of Russell
R. Johnson III, PLC, filed with the United States Bankruptcy Court
for the Southern District of Texas, Houston Division, a Verified
Statement pursuant to Federal Rule of Bankruptcy Procedure 2019 to
inform the Court that the law firm represents utility companies
that provided prepetition utility goods/services to the Debtors,
and continue to provide those services post-petition.
The names and addresses of the Utilities represented by the Firm
are:
1. Boston Gas Company
Massachusetts Electric Company
Attn: Vicki Piazza, D-1
National Grid
300 Erie Boulevard West
Syracuse, NY 13202
2. Constellation NewEnergy-Gas Division, LLC
Attn: Renee E. Suglia, Esq.
Assistant General Counsel
3. Florida Power & Light Company
Attn: Knecole Stroman
Revenue Recovery Department RRD/LFO
4200 W Flagler St
Coral Gables, FL 33134
4. Georgia Power Company
Attn: Daundra Fletcher
2500 Patrick Henry Parkway
McDonough, GA 30253
5. NStar East Electric
Attn: Honor S. Heath, Esq.
Eversource Energy
107 Selden Street
Berlin, CT 06037
6. San Diego Gas & Electric Company
Attn: Kelli S. Davenport,
Bankruptcy Specialist
8326 Century Park Court
San Diego, CA 92123
7. Virginia Electric and Power Company d/b/a Dominion Energy
Virginia
Attn: Sherry Ward
600 East Canal Street, 16th floor
Richmond, VA 23219
8. Baltimore Gas and Electric Company
Commonwealth Edison Company
The Potomac Electric Power Company
Attn: Lynn R. Zack, Esq.
Assistant General Counsel
Exelon Corporation
2301 Market Street, S23-1
Philadelphia, PA 19103
10. Tampa Electric Company
Attn: Barbara Taulton FRP, CAP,
Florida Registered Paralegal
3600 Midtown Drive
Tampa, FL 33607
11. Jersey Central Power & Light Company
Attn: Kathy Hofacre
FirstEnergy Service Company
341 White Pond Drive
Akron, OH 44320
These utilities have unsecured claims against the Debtors arising
from prepetition utility usage: Boston Gas Company, Massachusetts
Electric Company, Constellation New Energy, Georgia Power Company,
NStar East Electric, San Diego Gas & Electric Company, Virginia
Electric and Power Company d/b/a Dominion Energy Virginia,
Commonwealth Edison Company, Tampa Electric Company, Jersey Central
Power & Light Company, The Potomac Electric Power Company and
Baltimore Gas and Electric Company.
These Utilities hold a surety bond that will make a claim upon for
payment of the prepetition debt that the Debtors owe to the
applicable Utility: Florida Power & Light Company and Baltimore Gas
and Electric Company.
Russell R. Johnson III, PLC, was retained to represent the
Utilities in October and November 2025. The circumstances and terms
and conditions of employment of the Firm by the Utilities are
protected by the attorney-client privilege and the attorney work
product doctrine.
The firm may be reached at:
Russell R. Johnson, III, Esq.
RUSSELL R. JOHNSON III, PLC
2258 Wheatlands Drive
Manakin-Sabot, VA 23103
Tel: (804) 749-8861
E-mail: russell@russelljohnsonlawfirm.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: Sussman & Moore Represents Utility Companies
---------------------------------------------------------------
In the Chapter 11 bankruptcy cases of Office Properties Income
Trust and its debtor-affiliates, Weldon L. Moore, III of the
Sussman & Moore, LLP, filed with the United States Bankruptcy Court
for the Southern District of Texas Houston Division a Verified
Statement pursuant to Federal Rule of Bankruptcy Procedure 2019 to
inform the Court that the law firm represents utility companies
that provided prepetition utility goods/services to the Debtors,
and continue to provide those services post-petition.
The names and addresses of the Utilities represented by the Firm
are:
1. Boston Gas Company
Massachusetts Electric Company
Attn: Vicki Piazza, D-1
National Grid
300 Erie Boulevard West
Syracuse, NY 13202
2. Constellation NewEnergy-Gas Division, LLC
Attn: Renee E. Suglia, Esq.
Assistant General Counsel
3. Florida Power & Light Company
Attn: Knecole Stroman
Revenue Recovery Department RRD/LFO
4200 W Flagler St
Coral Gables, FL 33134
4. Georgia Power Company
Attn: Daundra Fletcher
2500 Patrick Henry Parkway
McDonough, GA 30253
5. NStar East Electric
Attn: Honor S. Heath, Esq.
Eversource Energy
107 Selden Street
Berlin, CT 06037
6. San Diego Gas & Electric Company
Attn: Kelli S. Davenport,
Bankruptcy Specialist
8326 Century Park Court
San Diego, CA 92123
7. Virginia Electric and Power Company d/b/a Dominion Energy
Virginia
Attn: Sherry Ward
600 East Canal Street, 16th floor
Richmond, VA 23219
8. Baltimore Gas and Electric Company
Commonwealth Edison Company
The Potomac Electric Power Company
Attn: Lynn R. Zack, Esq.
Assistant General Counsel
Exelon Corporation
2301 Market Street, S23-1
Philadelphia, PA 19103
10. Tampa Electric Company
Attn: Barbara Taulton FRP, CAP,
Florida Registered Paralegal
3600 Midtown Drive
Tampa, FL 33607
11. Jersey Central Power & Light Company
Attn: Kathy Hofacre
FirstEnergy Service Company
341 White Pond Drive
Akron, OH 44320
These utilities have unsecured claims against the Debtors arising
from prepetition utility usage: Boston Gas Company, Massachusetts
Electric Company, Constellation New Energy, Georgia Power Company,
NStar East Electric, San Diego Gas & Electric Company, Virginia
Electric and Power Company d/b/a Dominion Energy Virginia,
Commonwealth Edison Company, Tampa Electric Company, Jersey Central
Power & Light Company, The Potomac Electric Power Company and
Baltimore Gas and Electric Company.
These Utilities hold a surety bond that will make a claim upon for
payment of the prepetition debt that the Debtors owe to the
applicable Utility: Florida Power & Light Company and Baltimore Gas
and Electric Company.
Sussman & Moore, LLP, was retained to represent the Utilities in
October and November 2025. The circumstances and terms and
conditions of employment of the Firm by the Utilities are protected
by the attorney-client privilege and the attorney work product
doctrine.
The firm may be reached at:
Weldon L. Moore III, Esq.
SUSSMAN & MOORE, LLP
2911 Turtle Creek Blvd., Suite 1100
Dallas, TX 75219
Tel: (214) 378-8270
Fax: (214) 378-8290
E-mail: wmoore@csmlaw.net
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.
OMNICARE LLC: Court OKs Bid Rules for Pharmaceutical Asset Sale
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Texas,
Dallas Division, has permitted Omnicare LLC and its affiliates, to
sell Property at auction, free and clear of liens, claims,
interests, and encumbrances.
The Debtors have determined, in the exercise of their business
judgment, that the best way to maximize the value of the Assets for
all stakeholders is to market-test the Assets through an auction
process and to expeditiously sell the Assets to the highest or
otherwise best bidder.
The Debtors operate a network of pharmacies throughout the United
States that provide on-site medication and pharmaceutical services
to patients residing in more than 4,000 long-term care facilities
(LTCF) including skilled nursing facilities, assisted-living
communities, independent-living communities and institutional
facilities. The Debtors' industry leading footprint includes 101
pharmacies operating in 44 states and servicing LTCFs in 46 states.
The Debtors’ broad network of Pharmacies includes distinct types
of pharmacies that enable the Debtors to provide integrated
pharmacy services across a variety of geographical locations.
The majority of the Debtors' Pharmacies are "closed-door"
pharmacies that do not serve the general public and instead provide
medications and related services to residents at LTCFs through the
Debtors' direct employee-based delivery services.
In addition to the Pharmacies, the Debtors uniquely operate an
FDA-registered pharmaceutical repackager with national reach,
licensed in 41 states and accredited by the National Association of
Boards of Pharmacy (NABP). The repackaging operation is a
standalone facility that adheres to current Good Manufacturing
Practices (cGMP) and operates under rigorous quality systems to
ensure product integrity and regulatory compliance. Its services
include unit-dose and long-term care packaging for the Debtors’
clients.
The Debtors have offered good and sufficient reasons for, and the
best interest of their estates will be served by.
Good and sufficient notice of the relief sought in the Motion has
been given, and no further notice is required except as set forth
herein with respect to the designation of any Stalking Horse
Bidder(s), the Auction, and the Sale Hearing(s).
The process for filing the Stalking Horse Notice(s) and the
granting of any Bid Protections is appropriate and reasonably
calculated to provide all interested parties with timely and proper
notice.
The Bidding Procedures are fair, reasonable, and appropriate under
the circumstances, and are reasonably designed to maximize the
value to be achieved for the Assets.
The Debtors are authorized to take any and all actions reasonably
necessary or appropriate to implement the Bidding Procedures in
accordance with the following timelines for each of the Sales:
-- January 31, 2026 Deadline for Stalking Horse Agreements
-- March 13, 2026 Bid Deadline (for overbids in the case of a
Stalking Horse Bidder)
-- March 19, 2026 Auction
-- April 3, 2026 at 4:00 p.m. Deadline to File Objection to Sale
-- April 14, 2026 at 9:30 a.m. Sale Hearing
The Debtors reserve the right, and are authorized to, in
consultation with the Consultation Parties, modify the above
timeline in accordance with the Bidding Procedures, including any
Auction that may take place.
If at least two Qualified Bids are received by the Bid Deadline
with regard to any particular Asset or Assets, the Debtors will
conduct the Auction. The Auction will take place on or before March
19, 2026, at a time to be determined, at the offices of Jenner &
Block LLP, 353 N Clark St, Chicago, IL 60654.
The Court shall convene the Sale Hearing on April 14, 2026 at 9:30
a.m. (prevailing Central Time), at such time as the Court may have
available, or as soon thereafter as counsel and interested parties
may be heard.
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. Tex. 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. The committee tapped Herbert Smith Freehills Kramer (US)
LLP as counsel.
P3 HEALTH: Falls Below Nasdaq $2.5MM Equity Requirement
-------------------------------------------------------
P3 Health Partners Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that on November 21,
2025, the Company received a Letter from the staff of the Listing
Qualifications Department of The Nasdaq Stock Market LLC, which
notified the Company that it does not presently comply with
Nasdaq's Listing Rule 5550(b)(1), which requires that the Company
maintain a minimum of $2.5 million in stockholders' equity, and
that the Company also does not meet the alternatives of market
value of listed securities or net income from continuing operations
set forth in the Listing Rule.
The Letter does not have any immediate effect on the listing of the
Company's common stock or warrants on Nasdaq, and the Company has
45 calendar days to submit a plan to regain compliance. If the
Company's plan is accepted, the Staff may grant an extension of up
to 180 calendar days from November 21, 2025 to evidence compliance.
After review of the plan of compliance, the Staff will provide
written notification to the Company as to whether it accepts the
plan, and if the Staff does not accept the plan, the Company would
then be entitled to appeal the Staff's determination to the Nasdaq
Hearings Panel. There can be no assurance that any such appeal
would be successful.
The Company intends to submit its plan to remediate the listing
qualification deficiency within the required timeframe and is
actively pursuing the steps necessary to restore compliance.
Management firmly believes in the long-term value-creation
opportunity of the business and remains committed to executing
against the initiatives that support sustainable growth and
achieving profitability.
About P3 Health Partners
Henderson, Nev.-based P3 Health Partners Inc is a patient-centered
and physician-led population health management company and, for
accounting purposes, the successor to P3 Health Group Holdings, LLC
and its subsidiaries after the consummation of a series of business
combinations in December 2021 with Foresight Acquisition Corp. As
the sole manager of P3 LLC, P3 operates and controls all of the
business and affairs of P3 LLC and P3's only assets are equity
interests in P3 LLC.
Las Vegas, Nev.-based BDO USA, P.C., the Company's auditor since
2021, issued a "going concern" qualification in its report dated
March 27, 2025, attached to the Company's Annual Report on Form
10-K for the year ended Dec. 25, 2024, citing that the Company has
suffered recurring losses from operations and has working capital
deficiencies that raise substantial doubt about its ability to
continue as a going concern.
As of September 30, 2025, the Company had $683.7 million in total
assets, $664.6 million in total liabilities, and a total
stockholders' equity of $18.7 million.
PACIFIC RADIO: Seeks to Use Cash Collateral
-------------------------------------------
Pacific Radio Exchange, Inc. asks the U.S. Bankruptcy Court for the
Central District of California, Los Angeles Division, for authority
to continue using cash collateral.
The Debtor proposes to continue to use cash collateral from January
1, 2026, through either the entry of an order confirming a Chapter
11 plan of reorganization, or
until its Chapter 11 case is converted or dismissed, whichever
occurs first.
The Debtor intends to use its cash collateral to pay ordinary
operating expenses and seeks permission to deviate up to 15 percent
from total budgeted operating expenses.
Pacific Radio Exchange acknowledges that the secured creditors
assert liens on all tangible and intangible personal property,
which they claim constitutes cash collateral.
To provide adequate protection, the Debtor offers to grant
replacement liens for any used cash collateral, segregate excess
revenue in its DIP account, and continue operating to preserve
enterprise value.
The Debtor also asserts a sufficient equity cushion, estimating the
assets' value at $693,499 against total secured claims of
approximately $583,901, leaving roughly a 16% cushion. Liens of
certain creditors such as MNR Capital and Pathway Funding are
challenged as invalid based on discrepancies in their security
agreements.
Pacific Radio Exchange has been operating its professional
audio/visual distribution business from a storefront and warehouse
in Burbank, California, and most of its revenue is generated from
point-of-sale orders, online sales, and walk-ins.
A hearing on the matter is set for December 16.
A copy of the motion is available at https://urlcurt.com/u?l=CCIjgy
from PacerMonitor.com.
About Pacific Radio Exchange
Inc.
Pacific Radio Exchange Inc., doing business as PacRad, supplies
professional audio, video, DJ, and broadcast equipment. The Company
offers products such as bulk and custom cables, connectors, fiber
optics, networking gear, and power management tools. It serves both
individual consumers and industry professionals with AV solutions
and custom services.
Pacific Radio Exchange sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No.
25-16614) on August 1, 2025. In its petition, the Debtor reported
total assets of $94,813 and total liabilities of $1,690,315.
Honorable Bankruptcy Judge Vincent P. Zurzolo handles the case.
The Debtor is represented by Matthew D. Resnik, Esq., at RHM Law,
LLP.
PAINT INTERMEDIATE III: S&P Alters Outlook to Neg, Affirms 'B' ICR
------------------------------------------------------------------
S&P Global Ratings revised the outlook on Paint Intermediate III
LLC (dba Wesco Group) to negative from stable and affirmed the 'B'
issuer credit rating. S&P affirmed its 'B' issue-level rating on
the first-lien term loan and '3' recovery rating, indicating
meaningful (50%-70%; rounded estimate: 50%) recovery in the event
of a default.
The negative outlook reflects Wesco's weaker cash flow from the NCS
acquisition and execution risks associated with integration and
realizing synergies, which could keep leverage above 6x and free
operating cash flow (FOCF) to debt below 3% on a sustained basis.
Wesco Group has signed a definitive agreement to acquire National
Coatings & Supplies (NCS) with a fungible $775 million term loan B
alongside $655 million of new and rolled common equity. It also
plans to upsize its $150 million asset-based lending (ABL) revolver
to $200 million.
S&P estimates S&P Global Ratings-adjusted debt to EBITDA will
increase initially above 6x pro forma for the acquisition, with a
free cash flow deficit in 2026, recovering in 2027.
The negative outlook reflects integration risks and significant
near-term free operating cash flow (FOCF) degradation. Pro forma
for the acquisition of NCS, S&P expects adjusted leverage to
increase to about 6.2x for fiscal 2026, up from our previous
forecast of 5.7x. NCS has lower margins, so there will be overall
margin dilution. Offsetting this to some degree, the combined
company expects to substantially achieve annual significant
run-rate cost synergies by the end of 2027. S&P said, "However, it
will initially incur costs to achieve these synergies. In addition,
we don't expect Wesco to realize the full effect of these
synergies. NCS has greater exposure to large multiple shop
operators (MSO) in the collision repair industry. While this part
of the industry has expanded faster than the overall market, we
think that structurally it will be harder for NCS to match Wesco's
margins given the greater size and bargaining power of these
customers."
S&P said, "In the first year of the combination, we expect a
reported free cash flow deficit. The costs to achieve synergies
will reduce the achieved synergies in the first year. In addition,
NCS has a substantial supply chain finance program that it uses for
a portion of payables to four large paint manufacturers. This
extends the payables for NCS. We include the weighted portion of
the program, which extends beyond 90 days in our debt calculation
for 2026. Wesco plans to close and run down this program which will
reduce leverage somewhat in 2027. However, as the program runs off,
it will have a meaningfully negative impact to the company's
working capital in the first 12 months. We therefore expect a cash
flow deficit of over $20 million in the first year, which also
includes significant fees for the acquisition. In 2027, we forecast
cash flow to improve with FOCF to debt increasing above 5% as
working capital and deal fees do not repeat."
The acquisition will enhance Wesco's scale and reach within North
America. This somewhat mitigates the risk of weak near-term credit
metrics. Revenues should more than double to over $2 billion.
Wesco's geographic footprint will increase to more than 430
branches from about 220. Its share within the paint distribution
segment will increase substantially, but it will be a larger player
within the relatively niche collision repair paint distribution
industry. Given the considerable size of the acquisition, there
could be some execution risk, particularly with integrating
enterprise resource planning systems across so many branches.
S&P said, "We continue to expect Wesco to focus on mergers and
acquisitions. Leverage and free cash flow longer term will depend
on how aggressively it pursues them. We recognize that the NCS deal
is quite large and others will likely be smaller, but a continued
rapid pace of acquisitions financed with debt could keep leverage
elevated and require further outsized working capital investment
that weighs on cash flow and raises leverage above our
expectations.
"We continue to think Wesco could face more intense competition.
This would come from greater consolidation of MSOs, the rise of
which over the past decade has the top three groups representing
about a quarter of industry revenues despite operating only about
10% of the 30,000 stores in North America. We expect this
disproportionate revenue share will continue to increase as these
groups consolidate smaller independent shops and scaled regional
players. This could have ramifications for Wesco if it leads to
customer attrition, pricing pressures, or MSOs attempting to
negotiate price directly with paint makers. Further, if the company
formalizes a strategy to win share with MSO groups, it could
degrade margins because these customers would likely negotiate
greater savings and have less demand for Wesco's value-added
services.
"The negative outlook reflects Wesco's weaker cash flow from the
NCS acquisition and the execution risks associated with integrating
and realizing synergies, which could keep leverage above 6x and
FOCF to debt below 3% on a sustained basis.
"We could lower our rating on Wesco if Leverage rises higher than
6.5x or FOCF to debt falls under 3% for a prolonged period. This
could occur if EBITDA contracts due to challenges integrating
acquisitions, it suffers customer losses, or it faces operational
difficulties in its distribution network. Further, we could lower
the ratings on the company if it pursues an aggressive debt-funded
acquisition strategy."
S&P could revise its outlook on Wesco back to stable if S&P expects
it to improve FOCF to debt above 3% on a sustained basis and
maintain leverage well below 6.5x. This could happen if it:
-- Successfully integrates NCS as planned and starts to realize
synergies; and
-- Slows the pace of acquisitions, allowing for more sustainably
strong free cash flow.
PAREXEL INTERNATIONAL: Moody's Cuts CFR to 'B2', Outlook Stable
---------------------------------------------------------------
Moody's Ratings downgraded Parexel International, Inc.'s
("Parexel") Corporate Family Rating to B2 from B1, Probability of
Default Rating to B2-PD from B1-PD, and the ratings on the existing
senior secured first lien term loan B and senior secured first lien
revolving credit facility to B2 from B1. Concurrently, Moody's
assigned a B2 rating to the proposed senior secured first lien term
loan due 2031 and senior secured revolving credit facility due
2030. The outlook remains stable.
The ratings downgrade reflects the sharp increase in Parexel's
financial leverage resulting from a material debt-funded
shareholder distribution, along with a significant reduction in
cash on hand. The company has launched a $4.072 billion Term Loan B
due December 2031 with the proceeds, along with $530 million of
cash from the balance sheet, expected to repay the current $3.095
billion Term Loan B due 2028 and fund a $1.5 billion shareholder
distribution. Following the transaction, pro forma debt/EBITDA
financial leverage will increase to approximately 7.0x from 5.4x on
Moody's basis, which excludes addbacks to recently enacted
cost-savings initiatives. On a basis giving credit for both the
cost of implementing the program as well as the pro forma
historical cost savings, gross debt/EBITDA rises from 5.1x to about
6.0x. The increase in financial leverage is amplified by softness
in net new business awards and book-to-bill metrics, both of which
have declined by double-digit percentages over the twelve months
ended September 30, 2025. However, Moody's expects leverage on
Moody's basis will decline as the cost savings are realized over
the next 12-18 months. Moody's also expects Parexel to maintain
very good liquidity with continued strong positive free cash flow.
The stable outlook reflects Moody's views that recently actioned
cost savings will be fully realized, and that gross debt/EBITDA
will decline below 6.0x over the next 12-18 months. Additionally,
the outlook reflects Moody's expectations that the company will
continue to maintain strong liquidity underpinned by sustained
positive free cash flow
Governance risk considerations are material to the rating action,
reflecting an aggressive financial policy evidenced by the
company's high financial leverage following the shareholder
distribution.
RATINGS RATIONALE
Parexel's B2 corporate family rating reflects the company's
considerable size, geographic footprint, and established market
positions as a pharmaceutical contract research organization (CRO).
The credit profile is supported by the company's good liquidity,
including sustained positive free cash flow. Following the dividend
transaction, Parexel's financial leverage will be high, but trend
toward 6.0x over the next 12 to 18 months. Parexel's credit profile
also encompasses the risks inherent in the pharmaceutical services
industry, including exposure to project delays and cancellations.
While CROs have experienced softer demand over the last two years,
Moody's expects this sector to have good long-term growth
prospects.
Moody's anticipates that Parexel will maintain very good liquidity
over the next 12 months. This reflects pro forma cash on hand of
approximately $333 million after the shareholder distribution
(compared to $863 million at September 30, 2025), full availability
under the company's $500 million revolver due December 2030, and
Moody's expectations for continued good free cash flow over the
next 12-18 months despite higher interest expense tied to the new
term loan.
The capital structure consists of a $500 million revolver expiring
in December 2030, roughly $4.1 billion first lien term loan due
December 2031, and $450 million accounts receivable securitization
facility (unrated) due February 2028 with $315 million outstanding
as of September 30, 2025. The B2 rating on the first lien senior
secured bank credit facilities (revolver and first lien term loan)
are consistent with the B2 Corporate Family Rating. The first lien
facility represents the majority of Parexel's funded debt
structure. The credit facilities are secured by substantially all
of the borrower's and guarantor's assets.
Parexel's CIS-4 indicates the rating is lower than it would have
been if ESG risk exposure did not exist. Parexel has exposure to
both social risks (S-3) and governance considerations (G-4). Social
risk considerations relate to pharmaceutical drug pricing, which
could have both positive and negative effects for Parexel.
Furthermore, social risks are driven by human capital, reflecting
risks from availability of highly skilled workforce. Governance
risks reflect the company's high financial leverage. Parexel's
exposure to governance risk also reflects the company's aggressive
financial policy under private equity ownership, as evidenced by
the proposed debt funded shareholder distribution. This is partly
mitigated by management's track record of consistently exceeding
the budget.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade include Parexel sustaining
earnings growth along with consistently strong new business awards.
Successfully managing strategic initiatives and external growth
opportunities (i.e., acquisitions) under conservative financial
policies would also support an upgrade. Quantitatively, debt/EBITDA
sustained below 5.5 times would support an upgrade.
The ratings could be downgraded if Parexel's operating performance
significantly weakens, or liquidity deteriorates. The ratings could
also be downgraded if the company executes material debt-funded
acquisitions or additional shareholder distributions, resulting in
debt to EBITDA sustained above 6.5 times.
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.
Headquartered in Raleigh, North Carolina, Parexel International,
Inc., is a global biopharmaceutical services company providing
clinical research and logistics, and consulting services for the
pharmaceutical, biotechnology, and medical device industries.
Reported revenue for the twelve months ended September 30, 2025 was
approximately $4.9 billion. The company is privately held by EQT
Partners and Goldman Sachs Asset Management.
PARTNERS PHARMACY: Seeks to Extend Exclusivity to April 10, 2026
----------------------------------------------------------------
Partners Pharmacy Services, LLC and affiliates asked the U.S.
Bankruptcy Court for the Southern District of Texas to extend their
exclusivity period to file a plan of reorganization to April 10,
2026.
The Debtors explain that here, the relevant factors strongly favor
extending their Exclusive Filing Period:
* The Debtors' Chapter 11 Cases Are Large and Complex. These
cases met the requirements for and were designated as complex
cases. As of the Petition Date, the Debtors had over $60 million in
secured debt alone 3 and over 50 parties in interest, unsecured
obligations to various vendors, contractual counterparties, and
hundreds of employees. Accordingly, this factor weighs in favor of
extending the Exclusive Filing Period.
* The Debtors Have Made Good Faith Progress Towards Exiting
Chapter 11. The Debtors have progressed their cases substantially
since the Petition Date. Specifically, the Debtors ran a successful
sale process, obtained approval of the Sale and anticipate closing
on the Sale in the short term. Accordingly, this factor weighs in
favor of granting an extension of the Exclusive Filing Period.
* An Extension Will Not Pressure or Prejudice Creditors. The
Debtors are not seeking an extension of the Exclusive Filing Period
to pressure or prejudice any creditor. As demonstrated throughout
these cases, the Debtors have actively pursued consensual
resolutions to reasonable concerns raised by creditors, and seek to
continue those efforts as they determine how best to exit chapter
11. Accordingly, this factor weighs in favor of granting an
extension of the Exclusive Filing Period.
* The Debtors Are Paying Their Bills as They Come Due. Since
the Petition Date, the Debtors have paid their vendors and
creditors in the ordinary course of business or as otherwise
provided by orders of the Court. More importantly, the Debtors
maintain their ability to continue to pay their bills throughout
these chapter 11 cases. Accordingly, this factor also weighs in
favor of granting an extension of the Exclusive Filing Period.
* Relatively Little Time Has Elapsed in These Chapter 11
Cases. Approximately 113 days have passed since the Petition Date,
during which substantial progress was made advancing these chapter
11 cases. Accordingly, this factor weighs in favor of granting an
extension of the Exclusive Filing Period.
Counsel to the Debtors:
Patrick J. Potter, Esq.
PILLSBURY WINTHROP SHAW PITTMAN LLP
1200 Seventeenth Street, NW
Washington, DC 20036
Tel: (202) 663-8928
Fax: (202) 663-8007
Email: patrick.potter@pillsburylaw.com
-and-
Dania Slim, Esq.
Amy West, Esq.
PILLSBURY WINTHROP SHAW PITTMAN LLP
31 West 52nd Street
New York, NY 10019
Telephone: (212) 858-1000
Facsimile: (212) 858-1500
Email: dania.slim@pillsburylaw.com
amy.west@pillsburylaw.com
-and-
L. James Dickinson, Esq.
PILLSBURY WINTHROP SHAW PITTMAN LLP
609 Main Street, Suite 2000
Houston, TX 77002
Telephone: (713) 276-7654
Facsimile: (713) 276-7373
Email: james.dickinson@pillsburylaw.com
About Partners Pharmacy Services LLC
Partners Pharmacy Services LLC provides medication management
services to residents in skilled nursing facilities, assisted
living communities, long-term care residences, long-term acute care
hospitals, and institutional care facilities across the United
States. Founded in 1998 and headquartered in Springfield Township,
New Jersey, the Company operates in multiple states through a
network of in-house pharmacies and regional locations, offering
services such as automation systems, infusion therapy technologies,
compounding, and clinical decision-support tools. It is one of the
largest long-term care pharmacy providers in the U.S., serving over
48,000 residents in more than 500 communities.
Partners Pharmacy Services LLC and affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case
No. 25-34698) on August 13, 2025. In its petition, the Debtor
reports estimated assets between $1 million and $10 million and
estimated liabilities between $10 million and $50 million.
Honorable Judge Christopher M. Lopez oversees the case. The Debtors
are represented by Patrick J. Potter, Esq., Dania Slim, Esq., Amy
West, Esq., and L. James Dickinson, Esq. of PILLSBURY WINTHROP SHAW
PITTMAN LLP. SSG CAPITAL ADVISORS, LLC is the Debtors' Investment
Banker. GIBBONS ADVISORS, LLC is the Debtors' Financial Advisor.
KROLL RESTRUCTURING ADMINISTRATION LLC is the Debtors' Notice,
Claims & Balloting Agent and Administrative Advisor.
PHB 2023: To Sell Sebring Property to Mazal in Sebring for $2.3MM
-----------------------------------------------------------------
PHB 2023, LLC seeks approval from the U.S. Bankruptcy Court for the
Northern District of Alabama, Southern Division, to sell Property,
free and clear of liens, claims, interests, and encumbrances.
The Debtor proposes to sell all of the estate's right, title, and
interest in the real property.
The Debtor seeks to sell its interest in certain real estate
consisting of 20 partially completed residential homes in the
community known as Sebring Highlands, in the municipality of
Sebring, Highlands County, Florida.
All liens, mortgages, or other interests shall attach to the
proceeds of the sale to the extent properly allowed. However, no
proceeds of the sale shall be paid to Debtor or any person or party
related to Debtor, no other creditors or lienholders shall receive
the net proceeds of the Sale after all closing costs, tax pro
rations, administrative fees of the Debtor’s estate as determined
by the Court, and other routine and necessary Sale related
disbursements are paid by the closing attorney.
Receipt of the Net Sales Proceeds shall not constitute full payoff
as to any loans or obligations owed by Debtor (or any related
entity) to Encore; however, Encore may apply the Sale proceeds to
reduce amounts owed by Debtor to Encore.
Mazal in Sebring LLC, a Florida limited liability company, has
entered into the Contract to purchase the Property in the total
purchase price of $2,375,000.00.
The Debtor sets forth that the total sales price for the WIP Assets
represents the fair market value of the WIP Assets. The Purchaser
has already obtained or will obtain financing, and the sales are
contemplated to be closed forthwith.
The WIP Assets are subject to the liens, mortgages or other
interest held by Encore.
The Debtor believes that the sale of the WIP Assets represents its
highest and best use and taken in conjunction with the
administration of any other assets of the Debtor.
About PHB 2023 LLC
PHB 2023 LLC is part of the residential building construction
industry.
PHB 2023 LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ala. Case No. 24-03678) on December 5, 2024. In
the petition filed by Misty M. Glass, as manager, the Debtor
reports total assets of $16,265,505 and total liabilities of
$16,265,517.
Honorable Bankruptcy Judge Tamara O. Mitchell handles the case.
Stephen P. Leara, Esq., at SPAIN & GILLON, LLC represents as the
legal counsel of the Debtor.
PINEAPPLE PROPERTIES: Augustine Property Sale to B. Szolgyemy OK'd
------------------------------------------------------------------
Pineapple Properties of SA 2 LLC seeks permission from the U.S.
Bankruptcy Court for the Middle District of Florida, Jacksonville
Division, to sell Property, free and clear from liens, claims,
interests, and encumbrances.
The Debtor's Property is located at 44 Spanish Street, St.
Augustine, FL 32084.
The Debtor is a Florida limited liability company, wholly owned and
managed by Brian Funk.
Mr. Funk formed the Debtor on September 1, 2016. Mr. Funk planned
for the Debtor to operate a Bed and Breakfast business.
The Debtor has operated the business since 2016 at the 44 Spanish
St. Property.
The Court has approved the Purchase and Sale Agreement between the
Debtor and Szolgyemy Hospitality LLC, Balazs Szolgyemy, Manager to
sell the 44 Spanish St. Property.
The purchase price of the Property is $1,900,000.
The sale is "AS-IS WHERE IS WITH ALL FAULTS" and shall be by deed
and/or instrument of conveyance as appropriate, with no warranties
of title whatsoever. The Debtor is authorized to execute whatever
documents as may be necessary to consummate the sale.
The Debtor is authorized to compensate any broker/realtor
commission related to this transaction in accordance with the terms
of the Order Approving Real Estate Broker employment
About Pineapple Properties of SA 2, LLC
Pineapple Properties of SA 2, LLC, filed a Chapter 11 bankruptcy
petition (Bankr. M.D. Fla. Case No. 3:25-bk-00648) on March 5,
2025.
Judge Jacob A. Brown presides over the case.
The Debtor hires Law Offices of Mickler & Mickler, LLP as counsel.
PINEY POINT: To Sell Houston Property to Silverstone for $75MM
--------------------------------------------------------------
Piney Point 2023, LLC, seeks permission from the U.S. Bankruptcy
Court for the Southern District of Texas, Houston Division, to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor seeks to sell its real property, improvements and
personal property located 2601 Lazy Hollow Drive, Houston, Texas
77063.
The Debtor receives a Commercial Contract - Improved Property to
sell the Property for the price of
$75,000,000.00 from Silverstone Value-Add Fund, LLC.
The Buyer will deposit an earnest money of $1,000,000.00.
The Debtor has thoroughly marketed the Property for sale by
advertising, placing a sign on the property, and negotiating with
prospective buyers. There is no real estate broker involved in the
transaction and no sales commission will be paid.
The Debtor has adequately marketed the Property and asserts the
proposed Purchase Price is fair and reasonable. Delay may result in
loss of the Buyer, or further reduction in value received and will
result in additional ongoing expenses.
The Debtor will show at the hearing hereon that it negotiated with
all potential purchasers at arm's length, in good faith, and in an
effort to achieve the best offer for the Property.
The Debtor will show that Buyer is entitled to the protections of a
good-faith purchaser under
section 363(m), and that the sale of the Property does not
constitute an avoidable transaction.
About Piney Point 2023
Piney Point 2023, LLC, is a single asset real estate company
headquartered in Spring, Texas.
Piney Point 2023 sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Case No. 25-30128) on Jan. 7,
2025. In its petition, the Debtor estimated assets between $100
million and $500 million and estimated liabilities between $50
million and $100 million.
Bankruptcy Judge Jeffrey P. Norman handles the case.
The Debtor is represented by Steven Douglas Shurn, Esq., at Hughes
Watters Askanase, in Houston, Texas.
PRECISION DRILLING: Moody's Ups CFR to 'Ba2', Outlook Stable
------------------------------------------------------------
Moody's Ratings upgraded Precision Drilling Corporation's
(Precision) corporate family rating to Ba2 from Ba3, the
probability of default rating to Ba2-PD from Ba3-PD and the senior
unsecured notes rating to Ba3 from B1. Precision's SGL-2 (good)
speculative grade liquidity rating (SGL) remains unchanged. The
outlook was change to stable from positive.
"The upgrade reflects Precision's low financial leverage and
ongoing commitment to debt reduction supporting resiliency and
flexibility to navigate industry cycles," said Whitney Leavens,
Moody's Ratings analyst.
RATINGS RATIONALE
Precision benefits from: (1) low financial leverage and strong free
cash flow; (2) solid market positions and international exposure
with a high-quality drilling rig fleet; (3) conservative financial
policy supporting ongoing debt reduction; and (4) good liquidity
track record through industry cycles. The company is challenged by:
(1) exposure to the cyclical nature of the land drilling industry
which drives cash flow volatility and slow recovery out of
downturns; (2) geographic concentration in North America; and (3)
small scale in terms of total assets.
Precision's liquidity is good (SGL-2). As of Q3 2025, sources total
over C$500 million, consisting of about C$40 million in cash, close
to US$225 (C$315) million available under the US$375 (C$525)
million revolving credit facility, the majority of which is due
October 2028, after accounting for letters of credit of about US$50
(C$70) million, and Moody's forecasts for over C$150 million in
positive free cash flow in 2026. Moody's predicts the company will
have ample cushion with its financial covenants (senior debt to
EBITDA less than 2.5x and interest coverage more than 2.5x) over
the same period. Alternative sources of liquidity are limited
principally to the sale of Precision's existing drilling rigs and
well service rigs, which are largely encumbered.
Precision's senior unsecured notes are rated Ba3, one notch below
the Ba2 CFR, reflecting the priority ranking of the secured credit
facilities in the capital structure.
The stable outlook reflects Moody's expectations that Precision
will continue to generate strong free cash flow and leverage will
settle around 1.5x or lower as the company continues to execute on
debt reduction.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Precision increases scale while
demonstrating a strong commitment to very low debt levels, very
good liquidity and a continued track record of resiliency through
prolonged industry downturns.
The ratings could be downgraded if adjusted debt to EBITDA is
sustained above 2.5x, Precision generates ongoing negative free
cash flow or implements more aggressive financial policies.
Precision Drilling Corporation is a Calgary, Alberta-based onshore
driller that also provides well completion and production services
to exploration and production companies in major hydrocarbon basins
across North America and the Middle East.
The principal methodology used in these ratings was Oilfield
Services 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.
PRINCE LAND: Amends Unsecured Claims Pay Details
------------------------------------------------
Prince Land, Inc., submitted an Amended Disclosure Statement
describing Chapter 11 Plan dated December 2, 2025.
The Debtor believes that confirmation of this Chapter 11 plan can
provide the Debtor with relief to overcome its losses, continue
operating, and keep its many employees employed.
The Debtor believes that the Plan of Reorganization provides the
best value for the creditors' claims and is in their best interest.
Cash flow Projections set forth a projected budget of the Debtor
for the five-year term of the Plan.
Class Eighteen consists of General Unsecured Claims. The General
Unsecured claims include all other allowed claims of Unsecured
Creditors of the Debtor, subject to any Objections that are filed
and sustained by the Court. The general unsecured claims prior to
the filing of any objections total the amount of $26,595,009.47,
which will be paid over the five-year term of the Plan at the rate
of $2,500.00 per month on a pro-rata basis. The payments will
commence on the Effective Date of the Plan.
The dividend to this class of creditors is subject to change upon
the determination of objections to claims. To the extent that the
Debtor is successful or unsuccessful in any or all of the proposed
Objections, then the dividend and distribution to each individual
Class of General Unsecured Claims then the dividend and
distribution to each individual creditor will be adjusted
accordingly. These claims are impaired.
Class Nineteen consists of Equity Holders. There shall be no
distribution to the equity holders of the Debtor under the
confirmed Plan and no dividends to this class of claimants.
The Debtor will continue to operate and be managed by Bruce Prince,
the President and sole shareholder.
The Debtor's largest asset is its Accounts Receivable. As of the
filing of the Plan and Disclosure Statement, the Accounts
Receivable was $3,121,705.48. This Accounts Receivable as reported
is essentially a work in progress report as the figure is a gross
amount due, before subcontractors, vendors and supplies are paid.
Current outstanding subcontractors, supplies and vendors for the
ongoing projects total $2,660,766.34.
A full-text copy of the Amended Disclosure Statement dated December
2, 2025 is available at https://urlcurt.com/u?l=fj16cs from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Dana Kaplan, Esq.
Kelley Kaplan & Eller, PLLC
1665 Palm Beach Lakes Blvd., Suite 1000
West Palm Beach, FL 33401
Tel: (561) 491-1200
Fax: (561) 684-3773
Email: bankruptcy@kelleylawoffice.com
About Prince Land Inc.
Prince Land, Inc., is a corporation organized under the laws of the
State of Florida which operates as a heavy civil contractor.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18992-EPK) on August
1, 2025. In the petition signed by Bruce Prince, president, the
Debtor disclosed up to $10 million in assets and up to $50 million
in liabilities.
Judge Erik P. Kimball oversees the case.
Craig I. Kelley, at Kelley Kaplan & Eller, PLLC, is the Debtor's
legal counsel.
PRINCE LAND: Gets Extension to Access Cash Collateral
-----------------------------------------------------
Prince Land, Inc. received interim approval from the U.S.
Bankruptcy Court for the Southern District of Florida, West Palm
Beach Division, to use cash collateral pending a further hearing on
December 30.
The order approved the Debtor's interim use of cash collateral for
court-authorized payments including U.S. Trustee fees and for the
expenses set forth in its budget, with a variance of up to 10% per
line item.
All creditors with security interests in cash collateral will
receive replacement liens on post-petition cash collateral, with
the same validity, priority and extent as their pre-bankruptcy
liens.
The replacement liens are automatically perfected without
additional filings and are junior to U.S. Trustee fees, court
costs, and court-awarded professional fees.
As additional protection, the Debtor will keep the collateral
insured in accordance with applicable loan and security
agreements.
Several creditors may hold liens on the Debtor's cash collateral,
including TD Bank, Crum & Forster, the U.S. Small Business
Administration, and Ian Prince, who has filed three separate UCC-1
financing statements. These secured creditors may have interests in
various assets such as accounts receivable, deposit accounts, and
other cash equivalents.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/LNizp from PacerMonitor.com.
About Prince Land Inc.
Prince Land, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18992-EPK) on August
1, 2025. In the petition signed by Bruce Prince, president, the
Debtor disclosed up to $10 million in assets and up to $50 million
in liabilities.
Judge Erik P. Kimball oversees the case.
Craig I. Kelley, Esq., at Kelley Kaplan & Eller, PLLC, represents
the Debtor as legal counsel.
PROFESSIONAL DIVERSITY: Signs $1.6MM Deeptrade Consultancy Deal
---------------------------------------------------------------
Professional Diversity Network, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that on
November 27, 2025, the Company entered into a Consultancy Agreement
with Deeptrade PTY LTD, a non-affiliated accredited investor.
Pursuant to the Consultancy Agreement, the Consultant agreed to
provide the Company with professional consultancy services relating
to the Company's intended expansion into Web3.0, digital asset, and
real-world-asset platform for a total consideration of $1,616,000.
Under the terms of the Consultancy Agreement, consideration could
be paid in cash, shares of the Company's common stock, par value
$0.01 per share, or a combination thereof.
The Board of Directors approved payment of the consideration
through the issuance of 898,000 shares of Common Stock, subject to
the limitations of Listing Rule 5635 of The Nasdaq Stock Market
LLC.
The Consultancy Shares will be issued in reliance on the exemptions
from registration provided by Section 4(a)(2) under the Securities
Act of 1933, as amended, and/or Regulation D promulgated
thereunder. The Consultancy Agreement contains customary
representations, warranties and covenants.
A full-text copy of the Consultancy Agreement is available at
https://tinyurl.com/yc5xma2h
About Professional Diversity
Professional Diversity Network, Inc., headquartered in Chicago,
Illinois, operates online and in-person professional networks with
a focus on diversity, employment, and career development. The
Company serves women, ethnic minorities, military professionals,
persons with disabilities, LGBTQ+ individuals, and students
transitioning into the workforce through its technology platform.
It runs three business segments: TalentAlly Network, which provides
job-seeking communities and career resources for diverse groups and
employers; NAPW Network, a women-only professional networking
organization; and RemoteMore, a service connecting global companies
with software developers.
In its audit report dated March 31, 2025, Sassetti LLC issued a
"going concern" qualification citing that the Company has incurred
recurring operating losses, has a significant accumulated deficit,
and will need to raise additional funds to meet its obligations and
the costs of its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
The Company had an accumulated deficit of $103,612,710 at June 30,
2025. During the six months ended June 30, 2025, the Company
generated a loss from continuing operations, net of tax, of
$1,233,147. During the six months ended June 30, 2025, the Company
used cash in continuing operations of 779,651. At June 30, 2025,
the Company had a cash balance of $125,081. Total revenues were
$3,146,076 and $3,417,302 for the six months ended June 30, 2025
and 2024, respectively. The Company had a working capital deficit
from continuing operations of $1,919,261 at June 30, 2025 and a
working capital from continuing operations of $270,695 at Dec. 31,
2024.
The Company stated it is keeping a close watch on operating
expenses and capital needs, noting that management is working to
cut costs through staff reductions, renegotiating with certain
vendors, and using technology to lessen manual work in routine
tasks. It cautioned that if these efforts are not enough, it may
have to sell other assets or shut down certain business lines.
As of June 30, 2025, the Company reported $7.33 million in total
assets, $3.49 million in total liabilities, and $3.84 million in
total stockholders' equity.
PROPEL TRUCKING: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
Propel Trucking, Inc. received final approval from the U.S.
Bankruptcy Court for the Eastern District of Arkansas, Central
Division, to use the cash collateral of Porter Billing Services,
LLC to fund operations.
The cash collateral held by Porter consists of revenue from the
sale of the Debtor's accounts receivable under their factoring
agreement. At the time of its Chapter 11 filing, the Debtor owed
$29,609 to Porter.
Under the court's final order, the Debtor may sell post-petition
accounts receivable to Porter, which is authorized to advance funds
and provide other financial accommodations pursuant to the
agreement.
Porter's repayment claim for advances will be given superpriority
status under Section 364(c)(1) of the Bankruptcy Code, ahead of all
administrative expense claims in the Debtor's bankruptcy case.
In addition, the amount owed to Porter under the agreement, both
pre-bankruptcy and post-petition, will be secured by a first and
only lien on the Debtor's accounts receivable and all other
collateral set out in the agreement.
The agreement terminates immediately upon appointment of a trustee,
dismissal or conversion of the Debtor's bankruptcy case, or the
occurrence of an event of default.
The final order is available at https://shorturl.at/Nj0VV from
PacerMonitor.com.
About Propel Trucking Inc.
Propel Trucking, Inc. filed its voluntary petition for Chapter 11
protection (Bankr. E.D. Ark. Case No. 25-13396) on October 2, 2025,
listing up to $50,000 in assets and between $1 million and $10
million in liabilities.
Judge Bianca M. Rucker oversees the case.
Stanley V. Bond, Esq., is the Debtor's legal counsel.
PUSHPA INTERNATIONAL: Cash Collateral Hearing Set for Feb. 26
-------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of New York
rescheduled the final hearing on Pushpa International Inc.'s motion
to use cash collateral from December 4 to February 26, 2026.
The Debtor was initially authorized to use cash collateral to fund
its operations under the court's November 13 interim order.
The interim order granted secured creditors, MPJ Consultants, Inc.
and SP&M Jagota's, LLC, replacement liens, maintaining the same
validity, priority, and enforceability as their pre-bankruptcy
liens. The replacement liens are subordinate to the fee carveout
and do not apply to Chapter 5 avoidance actions.
The Debtor's authority to use cash collateral will end
automatically on the date of the final hearing or upon entry of a
court order granting relief from the automatic stay; dismissing or
converting the Debtor's Chapter 11 case; confirming a
reorganization plan; or reversing, revoking, staying, rescinding,
modifying, or amending the interim order without the secured
creditors' consent.
MPJ and SP&M are represented by:
Andrea B. Malin, Esq.
Genova, Malin & Trier, LLP
Hampton Business Center
1136 Route 9
Wappingers Falls, NY 12590
(845) 298-160
About Pushpa International Inc.
Pushpa International Inc., doing business as Glamour Couture, is a
Tri-state area retailer offering designer gowns, prom, formal, and
Quinceanera dresses, along with accessories and shoes, providing
in-store personalized assistance for special occasion apparel.
Pushpa International filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-22969) on
October 14, 2025, listing between $500,000 and $1 million in assets
and between $1 million and $10 million in liabilities. Ronald
Friedman, Esq., at Rimon, PC serves as Subchapter V trustee.
Judge Kyu Young Paek oversees the case.
The Debtor is represented by Julie Cvek Curley, Esq., at Kirby
Aisner & Curley, LLP.
REBORN PHOENIX: Updates Habib Secured Claims Pay; Amends Plan
-------------------------------------------------------------
Reborn Phoenix Management, Inc., submitted an Amended Disclosure
Statement describing Amended Plan of Reorganization dated December
2, 2025.
All payments due under the Plan will be funded by the post petition
income of the Reorganized Debtor from rent and contributions from
the Debtor's principal.
The Class II Secured Claim of Habib is secured against the
Property. The Habib Note matures in May of 2028 (the "Maturity
Date"). The Debtor shall pay Habib under the terms of the Note
until the Maturity Date, and upon the passing of the Maturity Date,
the note shall be modified as follows:
* The maturity date shall be extended for five years from the
maturity date, May 30, 2028, at the interest rate Habib utilizes at
the time of maturity;
* Upon maturity of the loan, May 30, 2028, the debtor will
provide Habib with an updated appraisal for the real property;
* The debtor must remain current and not be in default at the
maturity date and thereafter and provide yearly current financial
statements;
* No other terms of the loan shall be modified.
Like in the prior iteration of the Plan, Class III consists of
general unsecured claims of the New York State Department of
Taxation & Finance (Claim No. 1) and the undisputed scheduled debt
to AMWINS Group, Inc. and the claim of Best Deal Global Inc. (Claim
No. 3). Class III shall receive payment of said claims in full
$337,190.33 over 127 monthly payments beginning on the Effective
Date.
Such payments shall be made at an interest rate of 9% to provide
the present value of the claims as of the effective date to Class
III creditors. Within these monthly payments, the Debtor's equity
owner is providing $20,000.00 with the first payment as subsequent
new value in support of her retaining her interest. Class III is
impaired and cannot vote on the Plan.
Class IV includes only the membership interests of Julia Chai. The
organizing records of the company reflect 100% membership interest.
Under the Plan, Class IV retains its interest, is not entitled to
vote, and is deemed to have accepted the Plan.
As provided in the Plan, all payments, distributions, and transfers
of cash or property under the Plan are in full and final
satisfaction, settlement and release of all claims whatsoever
existing as of the Confirmation Date against the Debtor, the Estate
and the Reorganized Debtor, of any kind or nature whatsoever. These
releases shall be effective upon Substantial Consummation of the
Plan.
A full-text copy of the Amended Disclosure Statement dated December
2, 2025 is available at https://urlcurt.com/u?l=OAzP4X from
PacerMonitor.com at no charge.
Counsel to the Debtor:
THE LAW OFFICE OF RONALD D. WEISS, P.C.
John Lehr, Esq.
445 Broadhollow Road, Suite CL-10
Melville, NY 11747
(631) 271-3737
Email: jlehr@li-bankruptcy.com
About Reborn Phoenix Management
Reborn Phoenix Management Inc. is a single asset real estate
management company.
Reborn Phoenix Management Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41897) on
April 18, 2025. = In its petition, the Debtor reported assets and
liabilities between $500,000 and $1 million.
Bankruptcy Judge Elizabeth S. Stong handles the case.
The Debtor is represented by Ronald D. Weiss, Esq. at Ronald D.
Weiss, P.C.
RICHFIELD NURSING: Court OKs Nursing Facility Asset Sale to MHBK5
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Pennsylvania
has granted Richfield Nursing and Rehabilitation LLC (Richfield)
and its affiliates, Milford Nursing and Rehabilitation LLC
(Milford), Rolling Hills Nursing and Rehabilitation LLC (Rolling
Hills), Scenery Hill Nursing and Rehabilitation LLC (Scenery) and
Darway Nursing Care Center LLC (Darway), to sell nursing facility
assets, free and clear of liens, claims, interests, and
encumbrances.
Each of the entities is a Pennsylvania limited liability company in
the health care business and operate skilled nursing facilities.
The Debtors are each in possession of their property and, as
Debtors-in-Possession, are operating their Businesses and managing
their Personal Property. No trustee, examiner or statutory
committee has been appointed in the Debtors' cases.
Richfield Nursing and Rehabilitation operates a skilled nursing
facility located at 631 Main Street, Richfield, Pennsylvania
(Richfield Facility).
Milford Nursing and Rehabilitation LLC operates a skilled nursing
facility located at 264 Route 6 & 209, Milford, Pennsylvania
(Milford Facility).
Rolling Hills Nursing and Rehabilitation LLC operates a skilled
nursing facility located at 17350 Old Turnpike Road, Millmont,
Pennsylvania (Rolling Hills Facility).
Scenery Hill Nursing and Rehabilitation LLC operates a skilled
nursing facility located at 680 Lions Health Camp Road, Indiana,
Pennsylvania (Scenery Hill Facility).
Darway Nursing Care Center LLC operates a skilled nursing facility
located at 5865 PA Route 154, Forksville, Pennsylvania (Darway
Facility).
The Debtors currently have entered into a Master Lease with OHI
Asset (PA), LP, which provides for a lease of their respective
facilities from OHI. OHI's Master Lease is secured by properly
perfected, first-priority liens on the Debtors’ fixtures,
receivables, accounts and personal property.
Because of the COVID-19 pandemic and various supply issues, the
costs of supplies and other items used by the Debtors in their
Businesses increased substantially.
The Court has authorized the Debtor to sell Assets to MHBK5, LLC, a
Delaware limited liability company and a stalking horse bidder, in
the purchase price of $100,000.
The Debtors solicited offers and noticed an auction in accordance
with the provisions of the Sale Procedures Order and afforded a
full, fair and reasonable opportunity for any person or entity to
make a higher or otherwise better offer than the Stalking Horse Bid
to purchase the Assets. The Debtors received no Qualified Bids
other than the Stalking Horse Bid, and accordingly, cancelled the
auction. The Stalking Horse Bidder was properly deemed the Winning
Bidder.
The Debtors have demonstrated both (i) good, sufficient, and sound
business purposes and justification, and (ii) compelling
circumstances for the sale of the Assets to the Buyer pursuant to
section 363 of the Bankruptcy Code.
The terms set forth in this Sale Order and the Stalking Horse
Agreement are fair and reasonable and constitute reasonably
equivalent value and full, adequate, and fair consideration for the
Assets under the Bankruptcy Code, or any other applicable laws of
the United States, any state, territory, or possession.
The Buyer is a purchaser in good faith, as that term is used in
section 363(m) of the Bankruptcy Code, with respect to the sale of
the Assets. The Stalking Horse Agreement and is Sale Order were
negotiated, proposed, and entered into by the Debtors and the Buyer
in good faith, from arm's-length bargaining positions, and without
collusion.
The Debtors have full power and authority to sell and deliver the
Assets and execute and perform under, the Stalking Horse Agreement
and any other documents necessary or appropriate to consummate the
sale of the Assets.
The Stalking Horse Agreement and the sale of the Assets do not
constitute a subrosa chapter 11 plan. The Stalking Horse Agreement
neither impermissibly restructures the rights of the Debtors
creditors nor impermissibly dictates a chapter 11 plan for the
Debtors.
The Stalking Horse Agreement is approved, and the Debtors and their
professionals are authorized, empowered, and directed to perform
their obligations under the Stalking Horse Agreement and to take
such actions as are necessary or appropriate to effectuate the
terms of the Stalking Horse Agreement.
As of the Closing, all persons and entities holding Claims or
Encumbrances and their respective successors and assigns, are
hereby forever barred, estopped, and permanently enjoined from
asserting, prosecuting, or otherwise pursuing such Claims or
Encumbrances of any kind and nature against the Buyer or the
Assignees, the Assets, or any other assets or properties of the
Buyer or the Assignees, or commencing or continuing any action that
does not comply or is inconsistent with the Sale Order.
About Richfield Nursing and Rehabilitation
Richfield Nursing and Rehabilitation, LLC and affiliates are
operators of skilled nursing and rehabilitation centers across
Pennsylvania. Each location provides a range of services, including
short-term rehabilitation, long-term care, and therapy.
Richfield Nursing and Rehabilitation sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. M.D. Pa. Lead Case No.
25-01599) on June 4, 2025. In its petition, Richfield Nursing and
Rehabilitation reported between $1 million and $10 million in
assets and liabilities.
Judge Henry W. Van Eck handles the case.
The Debtor is represented by Robert E. Chernicoff, Esq., at
Cunningham, Chernicoff & Warshawsky, P.C.
ROCKFORD SILK: Gets Interim OK to Use Cash Collateral Until Dec. 13
-------------------------------------------------------------------
Rockford Silk Screen Process, Inc. received fourth interim approval
from the U.S. Bankruptcy Court for the Northern District of
Illinois, Western Division, to use cash collateral to fund
operations.
The court authorized the Debtor to use cash collateral only within
the approved budget through December 13.
As adequate protection, Northwest Bank of Rockford will be granted
a first position, fully-perfected security interest in and
replacement lien on the debtor-in-possession account and all of
property of the Debtor whether acquired before or after its Chapter
11 filing, subject only to valid pre-bankruptcy purchase money
security interests, if any.
In addition, Northwest Bank will receive payment of $50,000 as
adequate protection following entry of the fourth interim order and
weekly payment of $2,800 until a bankruptcy plan is confirmed. In
case protection proves insufficient, the bank will receive a
superpriority administrative claim.
Northwest Bank is not allowed to apply funds in the
debtor-in-possession (DIP) account or offset any balance owed
without prior written consent of the Debtor or order of the court.
Any sale of collateral outside the ordinary course requires lender
consent or a court order.
A status hearing is set for December 10.
The fourth interim order is available at https://is.gd/pr7vDW from
PacerMonitor.com.
Rockford, a 70-year-old Illinois-based printing company
headquartered in Loves Park, employs approximately 40 individuals
and reported revenues of $8.3 million in 2024. Facing increasing
creditor pressure and a threat of receivership from its secured
lender, the Debtor filed for Chapter 11 protection on September 17,
2025.
The Debtor has identified two major secured creditors: Northwest
Bank of Rockford, owed approximately $2,038,120, and the U.S. Small
Business Administration, which holds a subordinate lien of
approximately $1,954,566.
About Rockford Silk Screen Process Inc.
Rockford Silk Screen Process, Inc. operates a custom printing
business from 6201 Material Avenue, Loves Park, Illinois, providing
silk screen, digital, and large-format printing services. The
Company serves corporate and franchise clients across North
America, offering products including decals, nameplates, electronic
overlays, signage, and fleet graphics, and supports project
management, creative design, and installation for vehicle fleets.
With over 40 years of experience in the print industry, Rockford
Silk Screen Process utilizes both traditional and advanced printing
technologies from its 100,000+ square foot facility.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-81268) on September
17, 2025. In the petition signed by Jason Yost, president, the
Debtor disclosed $3,339,844 in assets and $6,456,627 in
liabilities.
Judge Thomas M. Lynch oversees the case.
George P. Hampilos, Esq., at Hampilos & Associates, Ltd., is the
Debtor's legal counsel.
ROSE RENTAL: Seeks Subchapter V Bankruptcy in Mississippi
---------------------------------------------------------
On December 4, 2025, Rose Rental Properties LLC entered Chapter 11
bankruptcy in the Southern District of Mississippi. Filings
indicate the Debtor has between $1 million and $10 million in
outstanding debt, owed to 1–49 creditors.
About Rose Rental Properties LLC
Rose Rental Properties LLC is a real estate investment and property
management company focused on acquiring, leasing, and maintaining
residential rental properties.
Rose Rental Properties LLC petitioned for Subchapter V of Chapter
11 relief (Bankr. S.D. Miss. Case No. 25-03091) on December 4,
2025. The company reports estimated assets ranging from $1 million
to $10 million, with liabilities falling within the same range.
The case is overseen by Honorable Bankruptcy Judge Jamie A.
Wilson.
The Debtor is represented by Thomas Carl Rollins Jr., Esq. of The
Rollins Law Firm, PLLC.
SAI BHOLE-NATH: Seeks Chapter 11 Bankruptcy in Texas
----------------------------------------------------
On December 1, 2025, Sai Bhole-Nath Hotels Inc. filed for Chapter
11 protection in the Northern District of Texas. According to court
filings, the Debtor reports between $1 million and $10 million in
debt owed to 1–49 creditors.
About Sai Bhole-Nath Hotels Inc.
Sai Bhole-Nath Hotels Inc. is a hotel management and hospitality
services provider involved in operating lodging facilities and
overseeing core hotel functions. Its activities may include
managing guest accommodations, supervising staff, coordinating
services, and maintaining hospitality standards.
Sai Bhole-Nath Hotels Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-50333) on
December 1, 2025. In its petition, the Debtor reports estimated
assets of $1 million to $10 million and estimated liabilities of
the same amount.
Honorable Bankruptcy Judge Brad W. Odell handles the case.
The Debtor is represented by Megan F. Clontz, Esq. of Ferguson
Braswell Fraser Kubasta PC.
SAMYS OC: Court Extends Cash Collateral Access to Dec. 30
---------------------------------------------------------
Samys OC, LLC received ninth interim approval from the U.S.
Bankruptcy Court for the District of Kansas to use cash collateral
through December 30.
The ninth interim order authorized the Debtor to use cash
collateral to pay operating expenses set forth in its budget, with
a variance of 10%.
As adequate protection for the Debtor's use of their cash
collateral, secured creditors Dream First Bank and the U.S. Small
Business Administration were granted replacement liens on all
post-petition cash collateral and other property of the Debtor, to
the same extent and with the same priority as their pre-bankruptcy
liens.
As additional protection, Dream First Bank will continue to receive
a monthly payment of $59,913.90.
The interim order provides for a carveout of up to $125,000 for
attorney fees and expenses, and up to $25,000 for other
professional fees and disbursements.
A final hearing is scheduled for December 19.
About Samys OC LLC
Samys OC, LLC filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. D. Kansas Case No. 24-11166) on
Nov. 14, 2024, listing up to $50,000 in assets and $10 million to
$50 million in liabilities. The petition was signed by Amro M. Samy
as managing member.
Judge Mitchell L Herren presides over the case.
Lora J. Smith, Esq., at Hinkle Law Firm is the Debtor's bankruptcy
counsel.
Dream First Bank, as secured creditor, is represented by:
Scott M. Hill, Esq.
Hite, Fanning & Honeyman, LLP
100 N. Broadway, Ste. 950
Wichita, KS 67202-2216
Telephone: (316) 265-7741
Facsimile: (316) 267-7803
hill@hitefanning.com
SANCTUARYSPA INC: Unsecureds Will Get 4% of Claims over 60 Months
-----------------------------------------------------------------
Sanctuaryspa Inc. submitted an Amended Plan of Reorganization for
Small Business dated December 2, 2025.
The Debtor is a party to a commercial lease agreement with MAMO
LBMP Investors I LLC ("Landlord") for the premises located at 6487
E. Pacific Coast Highway, Long Beach, CA 90803.
The monthly rent obligation as of the petition date was $5,500. On
October 30, 2025, Debtor entered into a Stipulation with Landlord
for Modification, Assumption, and Cure of Commercial Lease
Agreement, which was approved by this Court on November 6, 2025.
The Debtor has one priority unsecured creditor, Franchise Tax
Board, with an estimated pre-petition claim in the amount of
$1,672.54. Under this Plan, the priority claim will be paid in full
in one-time payment of $1,672.54 on the effective date.
The pre-petition claim of Debtor's Landlord, Mamo LBMP Investors,
LLC, is listed in a separate Class 3(b) and under this Plan. the
Landlord will receive the sum of $4,134.05 to cure the pre petition
arrears on the effective date of Debtor's confirmed Plan, followed
by a one-time payment of $30,0000.00 to be paid by December 31,
2025, which amount represents the HVAC replacement costs of
$29,808.24 plus $5,000.00 replacement cost, plus legal fees of
$5,797.50, less $10,605.74 discount, pursuant to Stipulation for
Modification, Assumption and Cure of Commercial Lease and Order
Approving Stipulation.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 4 cents on the dollar. This Plan also provides for
the payment of administrative and priority claims.
Class 3 (a) consists of Non-priority unsecured creditors. The
Debtor's general unsecured creditors are classified in Class 3(a)
and identified on Exhibit B-3. The total amount of the allowed
general unsecured claims, less the pre-petition claim of Mamo LBMP
Investors I LLC for $34,134.05 which is included in Class 3(b), is
is $1,097,992.12, and includes the undersecured portion of Five
Star Bank's claim, and fully undersecured claims of LG Funding LLC.
Oakwood Business Funding, OnDeck Capital, Inc., and Opportunity
Fund Community Development.
Based on the liquidation analysis and the income valuation of the
Debtor's assets, the holders of allowed general unsecured claims in
Class 3(a) will be receiving an estimated 4% pro-rata distribution
through the plan. The distribution to allowed general unsecured
claims will be made monthly, with the first payment of $734.00 due
on the Effective Date, followed by 59 consecutive payments, each in
the amount of $731.92, to be paid pro-rata to each holder of
allowed general unsecured claim.
Class 3(b) consists of Non-Priority unsecured claim of Mamo LBMP
Investors I LLC. The pre-petition claim of Debtor's Landlord, Mamo
LBMP Investors, LLC, is listed in a separate Class 3(b) and under
this Plan. the Landlord will receive the sum of $4,134.05 to cure
the pre-petition arrears on the effective date of Debtor's
confirmed Plan, followed by a one-time payment of $30,0000.00 to be
paid by December 31, 2025, which amount represents the HVAC
replacement costs of $29,808.24 plus $5,000.00 replacement cost,
plus legal fees of $5,797.50, less $10,605.74 discount, pursuant to
Stipulation for Modification, Assumption and Cure of Commercial
Lease and Order Approving Stipulation. This Class is impaired.
The Debtor's proposed 5-year projections itemize the Debtor's
revenue sources and the expenses for the next 5-years. The Debtor
intends to fund its plan from the continued operation on its
business. Debtor's principal, Crista Rossi, will act as the
disbursing agent for the plan payments. She will not be compensated
for her services as the disbursing agent.
A full-text copy of the Amended Plan dated December 2, 2025 is
available at https://urlcurt.com/u?l=c32CSu from PacerMonitor.com
at no charge.
About Sanctuaryspa Inc.
Sanctuaryspa Inc. is a boutique day spa in Long Beach offering a
range of services including facials, massages, body treatments,
dermaplaning, chemical peels, and DiamondGlow treatments. The spa
customizes services to individual needs and emphasizes a holistic
approach to skincare. It operates in a tranquil setting designed to
promote wellness and relaxation.
Sanctuaryspa sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C. D. Calif. Case No. 25-14964) on June 12,
2025. In the petition signed by Crista Rossi, chief executive
officer, the Debtor disclosed $50,397 in assets and $1,032,222 in
liabilities.
Michael Jay Berger, Esq., at the Law Offices of Michael Jay Berger,
is the Debtor's bankruptcy counsel.
Five Star Bank, as secured creditor, is represented by:
Thomas P. Griffin, Jr., Esq.
Hefner, Stark & Marois, LLP
2150 River Plaza Drive, Suite 450
Sacramento, CA 95833
Telephone: (916) 925-6620
Facsimile: (916) 925-1127
tgriffin@hsmlaw.com
SCHAFER FISHERIES: Court Extends Cash Collateral Access to Dec. 31
------------------------------------------------------------------
Schafer Fisheries, Inc. received another extension from the U.S.
Bankruptcy Court for the Northern District of Illinois, Western
Division, to use the cash collateral of Newtek Small Business
Finance, LLC.
The court's order authorized the Debtor's interim use of cash
collateral through December 31 to pay the expenses listed in its
latest budget under previously established terms.
The Debtor projects total operational expenses of $337,737 for
December.
As of the petition date, Newtek held a blanket lien on
substantially all of the Debtor's assets, including accounts
receivable constituting cash collateral.
A status hearing is set for December 17.
About Schafer Fisheries
Schafer Fisheries Inc. is a seafood processor and distributor in
Fulton, Ill.
Schafer Fisheries filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-80824) on June
20, 2024, listing between $100,001 and $500,000 in assets and
between $1 million and $10 million in liabilities. Jennifer Schank
of Fuhrman & Dodge, S.C. serves as Subchapter V trustee.
Judge Thomas M. Lynch oversees the case.
Schafer Fisheries tapped The Golding Law Offices PC and Leibowitz,
Hiltz & Zanzig, LLC as bankruptcy counsel, and Philip Firrek as
consultant.
Newtek Small Business Finance, LLC, as secured creditor, is
represented by:
Paulina Garga-Chmiel, Esq.
Dykema Gossett, PLLC
10 South Wacker Drive, Suite 2300
Chicago, IL 60606
Tel: 312-876-1700
pgarga@dykema.com
SCILEX HOLDING: Completes $150MM BTC Deal with Datavault AI
-----------------------------------------------------------
Scilex Holding Company and Datavault AI Inc., have entered into a
license agreement providing for the use by the Company of certain
intellectual property owned by Datavault following the closing of
the parties' securities purchase agreement.
On September 25, 2025, Scilex Holding Company entered into a
Securities Purchase Agreement with Datavault AI Inc., a Delaware
corporation, pursuant to which Datavault agreed to issue and sell,
and the Company agreed to purchase, 15.0 million shares of common
stock of Datavault in the initial closing which occurred on
September 26, 2025 and a pre-funded warrant to purchase 263,914,094
shares of Datavault Common Stock in a subsequent closing, for an
aggregate purchase price of $150 million in Bitcoin (based on the
spot exchange rate for BTC as published by Coinbase.com at 8:00
p.m. (New York City time) on the trading day immediately prior to
the date of the Initial Closing Date, or September 25, 2025).
Pursuant to the Datavault SPA, the Subsequent Closing was subject
to the satisfaction of the condition that the stockholders of
Datavault approve the issuance of the shares of Datavault Common
Stock underlying the Pre-Funded Warrant.
On November 24, 2025, Datavault obtained such stockholder approval
at its annual meeting.
On November 25, 2025, the Subsequent Closing was consummated with
the Company transferring an amount of BTC (based on the Spot
Exchange Rate) in satisfaction of the payment of the remainder of
the aggregate purchase price to Datavault and Datavault issuing the
Pre-Funded Warrant to the Company.
On November 25, 2025, following the Subsequent Closing, the Company
exercised the Pre-Funded Warrant in full for an aggregate exercise
price of approximately $26.4 thousand, paid in cash.
Other than this deal, there are no material relationships between
the Company and Datavault.
A full-text copy of the Datavault SPA is available at
https://tinyurl.com/4exhmnjz
About Scilex Holding Company
Palo Alto, Calif.-based Scilex Holding Company --
www.scilexholding.com -- is an innovative revenue-generating
company focused on acquiring, developing and commercializing
non-opioid pain management products for the treatment of acute and
chronic pain and, following the formation of its proposed joint
venture with IPMC Company, neurodegenerative and cardiometabolic
disease. Scilex targets indications with high unmet needs and large
market opportunities with non-opioid therapies for the treatment of
patients with acute and chronic pain, and is dedicated to advancing
and improving patient outcomes. Scilex's commercial products
include: (i) ZTlido (lidocaine topical system) 1.8%, a prescription
lidocaine topical product approved by the U.S. Food and Drug
Administration for the relief of neuropathic pain associated with
postherpetic neuralgia, which is a form of post-shingles nerve
pain; (ii) ELYXYB, a potential first-line treatment and the only
FDA-approved, ready-to-use oral solution for the acute treatment of
migraine, with or without aura, in adults; and (iii) Gloperba, the
first and only liquid oral version of the anti-gout medicine
colchicine indicated for the prophylaxis of painful gout flares in
adults.
In its report dated March 31, 2025, the Company's auditor, BMP LLP,
issued a "going concern" qualification, attached to the Company's
Annual Report on Form 10-K for the year ended Dec. 31, 2024, citing
that the Company has suffered recurring losses from operations and
has a net capital deficiency that raise substantial doubt about its
ability to continue as a going concern.
As of June 30, 2025, Scilex Holding had $83.76 million in total
assets, $332.74 million in total liabilities, and a total
stockholders' deficit of $248.99 million.
SCT PARK: PNC Wants GlassRatner's Brown as Receiver
---------------------------------------------------
PNC Bank, National Association, filed an unopposed motion with the
U.S. District Court for the Middle District of Florida, Tampa
Division, seeking the appointment of Adam Brown of GlassRatner as
receiver for SCT Park Place, LLC.
PNC Bank claims to be is a secured and properly perfected creditor
of SCT Park Place, LLC related to a loan with a principal sum of
$10,000,000 on September 6, 2018, between the parties and the
property located at 311 Park Place, Clearwater, Florida. The loan
matured on October 1, 2025. PNC Bank has made demand on SCT for
payment in full of the outstanding balance due under the Loan, but
SCT has not paid in full. The Property is SCT's sole asset with a
58% occupancy rate.
While SCT has requested to sell the Property to satisfy the Loan,
PNC says the current occupancy rate may be a factor in attracting a
buyer willing to purchase the Property for an amount sufficient to
pay off the Debt. While SCT has located a tenant that would bring
the occupancy rate to approximately 90%, it is unwilling or unable
to fund tenant improvement allowances (TIA) necessary to install
that tenant.
PNC says the parties have agreed to the appointment of a receiver
to operate the Property and prep it for sale in an amount
sufficient to satisfy the Debt.
PNC relates that SCT executed and delivered a Promissory Note,
payable to PNC Bank in the original principal amount of
$10,000,000, in connection with the Loan. The Note is secured by a
Mortgage, Assignment of Leases and Rents, Security Agreement and
Fixture Filing. The Note is further secured by an Assignment of
Leases and Rents. SCT also entered into an Assignment of Agreements
Affecting Real Estate dated as of September 6, 2018, for the
benefit of PNC Bank.
On November 17, 2023, SCT and PNC Bank entered into a First
Amendment to Loan Documents.
PNC Bank is the current owner and holder of the Loan Documents.
Under the Loan Documents, SCT granted PNC Bank a security interest
in, among other things, the Property, Land, Improvements, Personal
Property, Leases, Rents, Awards, Insurance Proceeds, Assigned
Agreements, and Additional Collateral, as those terms are defined
in the Loan Documents.
On November 6, 2025, PNC Bank sent a notice of default letter
demanding payment of the Debt in full in the amount of
$9,806,856.57 not later than November 13, 2025. SCT failed to make
the payment. PNC contends that the parties' Security Instrument
provides that, following an event of default, PNC is permitted to
take action it deems advisable to protect and enforce its rights,
including the appointment of a receiver.
The Property sits on a 9.43-acre parcel and consists of a 119,861
square foot office building. The Property is currently 58%
occupied. PNC tells the Court it has been in frequent communication
with SCT regarding the ongoing vacancy of the Property and the
current value of the Property as a result of such vacancy. Although
PNC understands SCT intends to sell the Property to satisfy the
Debt, PNC's understanding is that the current low occupancy rate
has turned away some potential buyers.
PNC relates SCT has attracted a potential significant tenant that
would bring the occupancy rate up to approximately 90%. However,
that tenant has requested, as part of the lease, that it be granted
TIA in the amount of $1,263,450 and has requested that PNC fund the
TIA as SCT is either unwilling or unable to make Tenant Allowance
funds available.
PNC tells the Court it is unwilling to front those costs without a
receiver in place and reasonable assurances that the advance will
be secured and will result in an increase in value of the Property
sufficient to satisfy the Debt. SCT engaged a broker to solicit
bids for the sale of the Property with its current occupancy rate
of 58%. Bidders offering purchase prices above the amount of the
Debt have either pulled support or offered qualified bids on a 90%
occupancy rate. The failure to fund the Tenant Allowance has
resulted in an underperforming 58% occupancy rate and a diminishing
value of the Property insufficient to satisfy the Debt.
PNC initiated a suit against SCT on November 18, 2025. It raises
causes of action for (i) breach of the Note related to nonpayment
of the Debt;(ii) breach of Loan Agreement related to nonpayment of
the Debt and an unpermitted transfer; (iii) judicial foreclosure;
and (iv) appointment of a receiver. In a diversity action, federal
law governs the appointment of a receiver, over which the Court has
broad discretion.
PNC acknowledges that the appointment of a receiver is an
extraordinary equitable remedy available when there is no remedy at
law or the remedy is in adequate. U.S. v. Bradley, 644 F.3d 1213,
1310 (11th Cir. 2011). While there is no precise formula for
determining when a receiver should be appointed, PNC notes federal
courts should consider a variety of factors, including "(1) the
presence of a contractual receivership provision; (2) fraudulent
conduct on the part of the defendant; (3) imminent danger that
property will be lost or squandered; (4) the inadequacy of
available legal remedies; (5) the probability that harm to the
plaintiff by denial of the appointment would be greater than the
injury to the parties opposing appointment; (6) plaintiff's
likelihood of success on the merits; and (7) whether the
receivership will in fact serve the plaintiff's interests." Nat'l
P'ship Inv. Corp., 153 F.3d at 1291 (citing Consol. Rail Corp. v.
Fore River Ry. Co., 861 F.2d 322, 326–27 (1st Cir.1988)).
PNC contends the facts adequately establish a contractual
receivership provision, the danger that the property will be
squandered, the inadequacy of available legal remedies, the balance
of harm to the parties, and PNC's likelihood of success on the
merits. The bank insists a receiver is necessary to take over the
Property to prevent further waste and potential harm to PNC. The
Bank also believes continuation of an underperforming occupancy
rate will continue to result in bids for the purchase of the
Property insufficient to satisfy the Debt -- either in a commercial
sale or at foreclosure. Without the appointment of a receiver,
there is a likelihood of a deficiency judgment following either a
sale or foreclosure.
PNC asserts Mr. Brown has extensive experience as a receiver.
GlassRatner has cleared conflicts and confirmed that it is prepared
to move forward and serve as a receiver in this matter.
PNC proposes that the receiver be directed and ordered to
accomplish the following:
a. Establish and assume control of the "Receivership Estate"
comprised of (i) the Property, (ii) Personal Property, (iii)
collection of Rent and other income from the Property, (iv) its
books, records and accounts, (v) and its collateral, as that term
is defined in the (1) Security Agreement, (2) Loan Agreement, (3)
Note, and (vi) SCT’s day-to-day operations.
b. Assume full control of SCT by removing any officer,
manager, independent contractor, employee, or agent of SCT, from
control and management of the affairs of the Receivership Estate as
the Receiver deems appropriate;
c. Take exclusive custody, control, and possession of the
Receivership Estate, which includes but is not limited to complete
authority to sue for, collect, receive, and take possession of all
goods, chattels, rights, credits, money, effects, land, leases,
books, records, work papers, and records of accounts, including
electronically-stored information, contracts, financial records,
funds on hand in banks and other financial institutions, and other
papers and records of SCT and any of SCT’s business activities
whose interests are now held by, or under the direction,
possession, custody, or control of, SCT;
d. Conserve, hold, and manage the Receivership Estate, and
perform all acts necessary or advisable to preserve the value of
those assets, in order to prevent any irreparable loss, damage, or
injury to the Receivership Estate and steer the Receivership Estate
towards repayment of the Debt in full;
e. Manage and administer SCT and the Receivership Estate by
performing all acts incidental thereto that the receiver deems
appropriate, including hiring or dismissing any and all personnel,
suspending operations, and/or entering into agreements, including
but not limited to: (i) the retention and employment of a property
manager; (ii) entering into a representation agreement with a
reputable brokerage; (iii) entering into a new lease agreement or
extension/renewal of existing lease agreements; (iv) entering into
or continuing negotiations with potential purchaser of the Property
(subject to approval by this Court);
f. Collect all funds owed to the Receivership Estate;
g. Initiate, defend, compromise, adjust, intervene in, dispose
of, or become a party to any actions or proceedings in state or
federal courts that the receiver deems necessary to preserve or
increase the value of the Receivership Estate or that the receiver
deems necessary and advisable to carry out the receiver's mandate
under Court order;
h. Choose, engage, and employ attorneys, accountants,
appraisers, and other independent contractors and technical
specialists, as the receiver deems advisable or necessary in the
performance of duties and responsibilities under the authority
granted by Court order;
i. Issue subpoenas to obtain records pertaining to the
Receivership and conduct discovery in this action on behalf of the
Receivership Estate;
j. Open one or more bank accounts as designated depositories
for the Receivership Estate funds. The receiver shall deposit all
funds of the Receivership Estate in such designated accounts and
shall make all payments and disbursements from the Receivership
Estate from such accounts;
k. Make payments and disbursements from the Receivership
Estate that are necessary or advisable for carrying out the
directions of, or exercising the authority granted by, Court order;
provided that the receiver shall apply to the Court for prior
approval of any payment of any debt or obligation incurred by the
Receivership Entities prior to the date of entry of Court order,
except for payments the receiver deems necessary or advisable to
secure the Receivership Estate from immediate and irreparable
loss;
l. Receive funds advanced from PNC Bank in such amounts as the
receiver deems necessary or appropriate to protect, preserve,
insure, manage, improve, secure and control the Property, which
amounts shall be subject to approval by PNC Bank, and which amounts
shall be secured by the lien of the Security Instrument;
m. Liquidate all assets of the Receivership Estate subject to
further Order of the Court;
n. Establish Receivership Estate account(s) at a bank other
than PNC Bank and use funds placed in the account(s) for purposes
of managing, preserving, protecting, and maintaining the
Receivership Estate, including making payments to PNC Bank related
to the Loan which is the subject of this litigation; and
o. Maintain written accounts itemizing receipts and
expenditures, describing properties and assets held or managed, and
naming the depositories of receivership funds; make such written
accounts and supporting documentation, and, within 60 days of being
appointed and periodically thereafter, as directed by the Court,
file with the Court and serve on the parties a report summarizing
efforts to marshal and collect assets, administer the Receivership
Estate, and otherwise perform the duties mandated by the Court,
including (a) balance sheet, statement of income and expenses,
statement of cash flows, a monthly statement of income and expense
forecast addressing year-to-date actuals and the remaining calendar
year, and budget versus actual comparison report; (b) an aged
payables report and an aged receivables report; (c) a capital
expenditures report; and (d) bank statements with monthly
reconciliations.
Finally, to conserve the time and resources of the parties, the
Receivership Estate, and the Court, PNC requests that the Court
stay all deadlines in this litigation during the pendency of the
receivership, other than the receiver’s reporting obligations,
until the earlier of (i) further Court order or (ii) a motion filed
by a party to lift the stay.
PNC's counsel has conferred with SCT's counsel, Michael A. Kolcun
of the law firm Smith, Gambrell & Russell, LLP, pursuant to Local
Rule 3.01(g), who advised that Defendant does not oppose the
requested relief or the form of the proposed order.
* * *
The Court on Nov. 25 dismissed the Plaintiff's original complaint
without prejudice as a shotgun pleading and directed PNC to file
disclosure statements pursuant to Fed. R. Civ. P. 7.1., and file an
Amended Complaint that cures the jurisdictional and shotgun
pleading defects and that otherwise complies with the Federal Rules
of Civil Procedure, including Rule 8(a). PNC filed the amended
complaint Dec. 1.
About SCT Park Place LLC
SCT Park Place LLC owns a 9.43-acre parcel and a 119,861-square
foot office building located at 311 Park Place, Clearwater,
Florida.
SCT is facing a receivership case captioned as PNC Bank, National
Association v. SCT Park Place LLC, Case No. 8:25-cv-03172 (M.D.
Fla.), before the Hon. Charlene Edwards Honeywell. The case was
filed on Nov. 18, 2025.
SCT is represented by Michael A. Kolcun, Esq., at the law firm
Smith, Gambrell & Russell, LLP.
Attorneys for PNC Bank are:
Todd K. Norman, Esq.
Olivia Share McClanahan, Esq.
NELSON MULLINS RILEY & SCARBOROUGH LLP
390 North Orange Avenue, Suite 1400
Orlando, FL 32801
Tel: (407) 669-4200
Fax: (407) 425-8377
E-mail: todd.norman@nelsonmullins.com
olivia.mcclanahan@nelsonmullins.com
shawana.watt@nelsonmullins.com
katherine.reynolds@nelsonmullins.com
- and -
Shane Ramsey, Esq.
NELSON MULLINS RILEY & SCARBOROUGH LLP
1222 Demonbreun St., Ste 1700
Nashville, TN 37203
Tel: (615) 664-5300
Fax: (615) 664-5399
E-mail: shane.ramsey@nelsonmullins.com
SHERWOOD TRUST: Seeks Chapter 11 Bankruptcy in California
---------------------------------------------------------
On December 3, 2025, Sherwood Trust, Dated October 14, 2016 sought
Chapter 11 protection in the Central District of California.
According to court filings, the Debtor reports between $1 million
and $10 million in debt owed to 1–49 creditors.
About Sherwood Trust, Dated October 14, 2016
Sherwood Trust, Dated October 14, 2016 operates as a fiduciary
trust created to hold, manage, and distribute assets on behalf of
its beneficiaries. The trust may oversee investments, real
property, or other financial holdings while adhering to the
directives outlined in its trust documents.
Sherwood Trust, Dated October 14, 2016 filed for relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No.
25-11647) on December 3, 2025. In its petition, the Debtor reports
estimated assets of $1 million–$10 million and estimated
liabilities in the same range.
Honorable Bankruptcy Judge Ronald A. Clifford III handles the
case.
The Debtor is represented by Paul A. Beck, Esq. of the Law Offices
of Paul A. Beck APC.
SIX COOKS: Gets One-Month Extension to Use Cash Collateral
----------------------------------------------------------
Six Cooks, LLC received a one-month extension from the U.S.
Bankruptcy Court for the Eastern District of North Carolina, New
Bern Division, to use cash collateral to fund operations.
The court issued its fifth interim order extending the Debtor's
authority to use cash collateral from December 12 to January 12 in
accordance with its budget, subject to a 10% variance per line
item.
The Debtor projects total expenses of $88,011 for the period from
December 15 to January 15, 2026.
The security interests granted to the U.S. Small Business
Administration and other secured creditors under their
pre-bankruptcy loan agreements will continue to attach to their
collateral.
By January 1, 2026, the Debtor must pay SBA a regular monthly
installment of $2,538; failure to make the payment by January 10,
2026, will constitute a default under the fifth interim order.
The order remains in effect until January 12, 2026, unless earlier
terminated by agreement; confirmation of a Chapter 11 plan; the
filing of a notice of default; or a court order ending the fifth
interim order.
The next hearing is scheduled for January 6, 2026.
The fifth interim order is available at https://is.gd/84XMJn from
PacerMonitor.com.
About Six Cooks LLC
Six Cooks LLC, doing business as Blue Forest Market, Industrial
Puppy, Wild Baby, and Pro Nutrition Labs, operates as a limited
liability company managing multiple businesses under various DBAs
including Blue Forest Market, Industrial Puppy, Wild Baby, and Pro
Nutrition Labs. The Company's operations span retail sales of toys
and household goods, manufacturing and sales of service animal
products, nutritional supplements, and other specialized product
lines.
Six Cooks sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D.N.C. Case No. 25-03043) on August 8, 2025. In its
petition, the Debtor reported total assets of $630,133 and total
liabilities of $2,103,297.
Honorable Bankruptcy Judge David M. Warren handles the case.
The Debtor is represented by David J. Haidt, Esq., at Ayers &
Haidt, PA.
SLEEP QUARTERS: Seeks Chapter 11 Protection in Texas
----------------------------------------------------
On December 2, 2025, Sleep Quarters Plus Inc. filed for Chapter 11
protection in the Northern District of Texas. According to court
filings, the Debtor reports between $1 million and $10 million in
debt owed to 1–49 creditors.
About Sleep Quarters Plus Inc.
Sleep Quarters Plus Inc. specializes in the retail distribution of
mattresses, bedding essentials, and bedroom furnishings. Based in
Texas, the company offers an assortment of sleep-related products
through its retail outlets, catering to customers looking for
value-oriented and quality bedding options.
Sleep Quarters Plus Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-34803) on December 2,
2025. In its petition, the Debtor reports estimated assets of $1
million–$10 million and estimated liabilities of $1 million–$10
million.
Honorable Bankruptcy Judge Scott W. Everett handles the case.
The Debtor is represented by Joyce W. Lindauer, Esq. of Joyce W.
Lindauer Attorney, PLLC.
SONDER HOLDINGS: Seeks Approval of Bid Protocol for Property Sale
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Jami Nimeroff, Chapter 7 Trustee of Sonder Holdings Inc. and its
affiliated debtors, seeks approval from the U.S. Bankruptcy Court
for the District of Delaware, to sell Property at auction, free and
clear of liens, claims, interests, and encumbrances.
The Debtor owe in excess of $240.5 million in unpaid principal to
their senior secured creditors.
The Trustee proposes bidding procedures, assumption and assignment
procedures, and sale procedures for the Property.
The Trustee submits that the Assumption and Assignment Procedures
would facilitate the fair and orderly process for the assumption
and assignment of the Contracts in connection with the Sale
Transaction and would provide Contract Counterparties sufficient
notice and opportunity to respond.
The Trustee believes that the bidding and assumption procedures
will enable to the Trustee to obtain the highest and best value
that the Debtor's estates could receive for the Assets.
The Bidding Procedures will allow the Trustee to conduct the Sale
process in a controlled, fair, and open manner that will encourage
participation by financially capable bidders with proof of their
ability to close.
The Trustee also requests that any party that fails to object to
the proposed assumption and assignment of any contract be deemed to
consent to the assumption and assignment of the applicable
contract.
The Trustee requests authority to convey the Assets to the Winning
Bidder, free and clear of all liens, claims, rights, interests,
pledges, obligations, and limitations.
As part of the Bidding Procedures, the Trustee and Gordon Brothers
will receive information/documentation that will provide evidence
of the Potential Bidders ability to consummate the transaction and
to provide adequate assurance of future performance.
The proposed Bidding Procedure can be found at:
https://urlcurt.com/u?l=dJ270Q
About Sonder Holdings Inc.
Sonder Holdings Inc. operates as a hospitality company. The Company
provides tech-enabled services to offers accommodation options from
spacious rooms to fully-equipped suites and apartments. Sonder
Holdings serves customers worldwide.
Sonder Holdings sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-12044) on November 14,
2025.
Honorable Bankruptcy Judge Karen B. Owens handles the case.
The Debtor is represented by Laura Davis Jones, Esq. of Pachulski,
Stang, Ziehl & Jones LLP.
SONIM TECHNOLOGIES: Amends $15MM Asset Sale Agreement, Drops RTO
----------------------------------------------------------------
Sonim Technologies, Inc. disclosed in a recent regulatory filing
with the Securities and Exchange Commission that the Company has
entered into an amendment to the Asset Purchase Agreement, dated as
of July 17, 2025, by and among the Company, as seller, Pace Car
Acquisition LLC, as buyer, the Seller Representative named in the
Purchase Agreement, and, Social Mobile Technology Holdings LLC, as
guarantor.
As disclosed on the Current Report on Form 8-K filed by Sonim
Technologies, Inc. with the Securities and Exchange Commission on
July 22, 2025, the Company entered into that certain Asset Purchase
Agreement, dated as of July 17, 2025, by and among the Company, as
seller, Pace Car Acquisition LLC, as buyer, the Seller
Representative named in the Purchase Agreement, and, Social Mobile
Technology Holdings LLC, solely for the purpose of guaranteeing
complete payment and performance obligations of the Buyer contained
in the Purchase Agreement.
Pursuant to the Purchase Agreement, the Buyer agreed to acquire
substantially all assets of the Company, and its subsidiaries
related to the Company's enterprise 5G solutions business for a
purchase price of $15 million in cash, subject to a customary
working capital, indebtedness, and transaction expense
adjustments.
On November 24, 2025, the Company, the Buyer, the Parent, and the
Seller Representative entered into a first amendment to the
Purchase Agreement. The APA Amendment modifies certain provisions
of the Purchase Agreement, including:
* removal of all references to, and sections providing for or
related to, the Company's proposed reverse merger transaction and
items ancillary to the RTO (e.g., the filing by the Company of a
registration statement on Form S-4), as the RTO is no longer
applicable to the closing of the Purchase Agreement;
* the addition of a requirement that, after taking into
account the Adjustment Amount, if the Closing Purchase Price (as
defined in the Purchase Agreement) is less than $0, the Company
must pay a sufficient portion of the Company's accounts payable so
that the Closing Purchase Price is greater than $0; and
* the addition of the Company's German subsidiary, Sonim
Technologies Germany GmbH, to the acquired subsidiaries annex of
the Purchase Agreement.
A full-text copy of the APA Amendment is available at
https://tinyurl.com/mvthjsdd
About Sonim Technologies
Sonim Technologies, Inc. was incorporated in the state of Delaware
on August 5, 1999, and is headquartered in San Diego, California.
The Company offers a robust portfolio that includes rugged
handsets, smartphones, wireless internet devices, software,
services, and accessories. These products are engineered to deliver
reliable communication in challenging and unpredictable
environments, serving sectors such as critical communications,
first responders, government, industrial, construction,
hospitality, and logistics. The Company distributes its products
primarily through major wireless carriers.
As of September 30, 2025, the Company had $40.2 million in total
assets, $40.9 million in total liabilities, and $701,000 in total
stockholders' deficit.
According to the Company's Report on Form 10-Q for the quarterly
period ended September 30, 2025, the uncertainty regarding the
Asset Purchase Agreement and the ability of the Company to
implement strategic alternatives after the closing of the Asset
Purchase Agreement creates uncertainty regarding the Company's
ability to forecast beyond the asset sale date. Accordingly, there
is substantial doubt about the Company's ability to continue as a
going concern within the next 12 months.
SPIN HOLDCO: Moody's Cuts CFR to Caa3 & Alters Outlook to Negative
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Moody's Ratings downgraded Spin Holdco, Inc.'s (Spin) corporate
family rating to Caa3 from Caa1, probability of default rating to
Caa3-PD from Caa1-PD, and the ratings assigned to its senior
secured first lien bank credit facility, including the $140 million
senior secured revolving credit facility (RCF) due March 2026 and
the $2 billion senior secured first lien term loan due March 2028,
to Caa3 from Caa1. The outlook has been changed to negative from
stable.
The downgrade and change in the outlook to negative reflects the
company's deteriorating liquidity profile, imminent refinancing
risk, and limited cushion in remaining compliant with its debt
covenants. Moody's expects Spin will continue to burn a significant
amount of cash over the next 12-18 months, driven by high debt
service requirements and high capital expenditures through
investments in laundry and air equipment. Furthermore, working
capital challenges, specifically longer days sales outstanding
(DSO) cycles and lower inventory turnover, have led to Spin relying
heavily on its revolver to fund operations.
While Spin's fiscal 2Q 2026 (period ended September 2025) reported
cash balance of roughly $136 million appears sufficient to repay
the $124 million drawn on its revolver prior to the facility's
March 2026 maturity, Moody's estimates only $95 million is readily
available, excluding the cash to support letters of credit and
uncollected cash or coin payments from machines in its fleet. In
addition to weak liquidity, recent market share losses and an
ongoing restructuring of the company's operations present elevated
refinancing risk, increasing the risk of a default.
Governance risk considerations are material to the rating action,
reflecting an aggressive financial policy evidenced by the
company's deteriorating liquidity profile driven by increased
reliance on revolver borrowings to fund working capital outflows.
RATINGS RATIONALE
Spin's Caa3 CFR reflects weak credit metrics, a deteriorating
liquidity profile, and increased risk of a restructuring event or
default. Moody's expects the company will continue to rely on
external sources of liquidity to fund operations as increasing debt
service requirements, high capital expenditures, and working
capital challenges prevent the company from generating positive
free cash flow. Spin has reported longer DSO cycles and higher
inventory levels throughout 2025 as customers have either stretched
payment terms or turned to competitors to provide related
services.
As of September 30, 2025, Spin's revolver borrowings increased to
$124 million, significantly higher than the $71 million drawn at
this point last year. The company has increased revolver borrowings
every quarter since using proceeds from the divestiture of European
operations to pay off outstanding revolver borrowings during fiscal
2Q 2024 (period ended September 2023).
Moody's expects the company to have weak liquidity over the next
12-15 months. As of the period ended September 2025, Spin had
roughly $136 million cash (inclusive of restricted cash supporting
LOC's and uncollected coins), and $16 million of revolver
availability. Even if Spin successfully extends its RCF's maturity,
the current cash burn rate, which Moody's expects to continue,
exceeds the amount of readily available cash and revolver
availability, leaving the company in a constrained liquidity
position. Alternate sources of liquidity are minimal as the sale of
any noncore asset would likely have an insignificant impact to
Spin's liquidity.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could upgrade the ratings over time if the company improves
its liquidity position and is able to extend the maturity for its
senior secured revolving credit facility due March 2026.
Moody's could downgrade the ratings if there is an increased
likelihood of a debt restructuring or default event, or if lender
recovery rates decline further.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Spin's Caa3 CFR is two notches below the scorecard-indicated
outcome of Caa1 for the 12 month period ended September 2025, and
three notches below the scorecard-indicated outcome of B3 for the
12-18 month forward view. The difference reflects the company's
deteriorating liquidity, uncertainty regarding the upcoming
maturity for its revolver, and increased risk of a debt
restructuring or default.
Headquartered in Melville, New York, Spin is a wholly owned
subsidiary of CSC ServiceWorks Holdings, Inc. Spin is the largest
provider of outsourced laundry equipment services for multifamily
housing properties in North America. The company also provides air
and vacuum vending equipment services at convenience stores and gas
stations nationwide. The company generated roughly $1.1 billion in
revenue during the 12 month period ended September 2025. The two
largest equity owners of CSC ServiceWorks are Pamplona Capital,
with a roughly 60% ownership stake, and Ontario Teacher's Pension
Plan, with a 30% stake.
SPIRIT AIRLINES: Seeks Court OK for $140MM Engine Settlement
------------------------------------------------------------
Emily Lever of Law360 Bankruptcy Authority reports that Spirit
Airlines announced that it has reached a $140 million settlement
with International Aero Engines concerning engines that previously
grounded parts of its fleet. The agreement resolves disputes
related to operational disruptions and associated costs caused by
the grounded aircraft.
According to the airline, the settlement will help mitigate
financial losses and allow Spirit to move forward with its flight
schedules without further complications from the affected engines.
The company described the resolution as a significant step in
stabilizing operations and restoring fleet reliability, the report
states.
About Spirit Airlines
Spirit Airlines, LLC (SAVE) is a low-fare carrier committed to
delivering the best value in the sky by offering an enhanced travel
experience with flexible, affordable options. Spirit serves
destinations throughout the United States, Latin America and the
Caribbean with its Fit Fleet, one of the youngest and most
fuel-efficient fleets in the U.S. On the Web:
http://wwww.spirit.com/
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 24-11988) on Nov. 18, 2024, after
reaching terms of a pre-arranged plan with bondholders.
At the time of the filing, Spirit Airlines reported $1 billion to
$10 billion in both assets and liabilities. Judge Sean H. Lane
oversees the case.
The Debtors tapped Davis Polk & Wardwell, LLP as legal counsel;
Alvarez & Marsal North America, LLC, as financial advisor; and
Perella Weinberg Partners LP as investment banker. Epiq Corporate
Restructuring, LLC, is the claims agent.
Paul Hastings, LLP and Ducera Partners, LLC serve as legal counsel
for the Ad Hoc Group of Convertible Noteholders.
Akin Gump Strauss Hauer & Feld, LLP and Evercore Group LLC
represent the Ad Hoc Group of Senior Secured Noteholders.
The official committee of unsecured creditors retained Willkie Farr
& Gallagher LLP as counsel.
Citigroup Global Markets, Inc., is serving as financial advisor and
Latham & Watkins LLP is serving as legal counsel to Frontier.
2nd Attempt
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 25-11896) on August 29, 2025. In its
petition, the Debtors reports estimated assets and liabilities
between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Sean H. Lane handles the case.
The Debtor is represented by Marshall Scott Huebner, Esq. and
Darren S. Klein, Esq. at Davis Polk & Wardwell LLP.
SPIRITRUST LUTHERAN: Gets Interim OK for DIP Financing From M&T
---------------------------------------------------------------
SpiriTrust Lutheran and affiliates received interim approval from
the U.S. Bankruptcy Court for the Middle District of Pennsylvania
to obtain post-petition financing to get through bankruptcy.
The financing is a debtor-in-possession credit facility with M&T
Bank totaling $12.2 million, comprised of a $6.7 million new money
DIP loan to fund operations, administrative expenses, and the fee
carveout, and a $5.5 million replacement DIP loan to refinance
portions of the pre-bankruptcy obligations.
The DIP financing would provide superpriority administrative
expense claim status to M&T Bank; automatically perfected liens on
all collateral including cash collateral; and authorization to pay
principal, interest, fees, and related expenses.
The interim order also authorized the Debtors to use the cash
collateral of M&T Bank, the Debtors' pre-bankruptcy lender.
M&T Bank will receive adequate protection through post-petition
replacement liens on the collateral (subject to the carveout); a
super-priority administrative claim; and monthly cash-pay interest
on accrued, unpaid post-petition interest owed on pre-bankruptcy
obligations.
M&T Bank's agreement to provide post-petition financing and permit
the use of cash collateral will continue until the earliest of: (i)
the conclusion of the final hearing; (ii) December 16 if no final
order is entered by then; (iii) acceleration of any outstanding
extensions of credit under the DIP financing; or (iv) any event of
default.
The interim order is available at https://is.gd/pCDNen from
PacerMonitor.com.
The final hearing is set for December 16.
SpiriTrust, a non-profit organization with approximately 600
employees, operates six Complete Care Retirement Communities
(CCRCs) in Pennsylvania while its affiliates, SpiriTrust Lutheran
Home Care & Hospice and SpiriTrust Lutheran Life previously
operated home healthcare programs, which have since ceased or been
sold.
The Debtors have faced increasing financial distress since 2022,
struggling to meet obligations including trade debt, taxes,
insurance, and maintenance, resulting in approximately $19 million
in unsecured trade debt, nearly $9 million in lawsuits or
judgments, and over $83 million in pre-bankruptcy debt to M&T Bank
through multiple credit facilities secured by virtually all of
their assets.
Without immediate access to post-petition financing, the Debtors
expect to face a critical cash shortage, jeopardizing operations,
vendor relationships, employee retention, and the going-concern
value of their estates. The DIP facility and related protections
are essential to maintain stakeholder confidence, continue
operations, and support a sale process for the CCRCs and other
assets to maximize estate value.
About SpiriTrust Lutheran
SpiriTrust Lutheran provides senior living, home care, and hospice
services through a network of affiliated nonprofit entities
operating across multiple counties in Pennsylvania. The
organization offers in-home skilled nursing, therapy, non-medical
=support, hospice and palliative care, as well as residential
senior living, personal care, assisted living, and related
community-based programs. It operates from its headquarters in
York, Pennsylvania, as a faith-based nonprofit serving older adults
and local communities across the region.
SpiriTrust Lutheran and affiliates, SpiriTrust Lutheran Home Care &
Hospice and SpiriTrust Lutheran Life, filed Chapter 11 petitions
(Bankr. M.D. Pa. Lead Case No. 25-03341) on November 21, 2025. At
the time of the filing, SpiriTrust Lutheran listed between $50
million and $100 million in assets and between $100 million and
$500 million in liabilities.
Judge Henry W Van Eck oversees the cases.
Robert E. Chernicoff, Esq., at Cunningham, Chernicoff & Warshawsky,
P.C., represents the Debtors as legal counsel.
M&T Bank, as DIP lender and pre-petition lender, is represented
by:
Diane E. Vuocolo, Esq.
Kevin P. Ray, Esq.
Ballard Spahr, LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103-7599
Office: 215-864-8162
Fax: 215.864.8999
vuocolod@ballardspahr.com
rayk@ballardspahr.com
SPRAYTECH LLC: Unsecureds Will Get 3.23% of Claims over 5 Years
---------------------------------------------------------------
Spraytech LLC filed with the U.S. Bankruptcy Court for the Northern
District of Illinois a First Amended Plan of Reorganization dated
December 2, 2025.
The company is a family business managed by its owner, Piotr Gryz.
The company specializes in rust repair, restoring wheel arches,
spray-on bedliners, and undercoating protection.
The Debtor operated profitably until due to customer demand it to
expand into a larger location in Gurnee, IL. The Debtor's business
declined after the move due to inability to operate because of
unreasonable restrictions placed by the municipality. The cost of
labor, supplies, parts and equipment maintenance also contributed
to the Debtor's financial decline.
The Debtor intends to continue to operate by cutting expenses and
by increasing its revenue now that the municipality fully approved
Debtor's business location for conducting this type of business.
Debtor expects to return to profitability in the early part of
2026.
Generally, the Plan provides that all administrative creditors will
be paid in full on the Effective Date of the Plan (which is 30 days
after the Order confirming the Plan is a final Order) unless
otherwise agreed. Priority creditors will receive 100% of their
allowed claims over the period of the Plan term (5 years) ("Plan
Term").
Unsecured Creditors will receive a pro rata share of the Unsecured
Creditor Payment over a period of 5 years, which shall equal
approximately 3.23% distribution on their claims. Claims of
insiders, if any, will be subordinated and will not receive a
distribution unless all other classes of creditors receive payment
in full. Equity security holders will not receive a distribution.
Class 2 consists of Allowed Unsecured Claims. Holders of allowed
unsecured claims shall receive a pro rata share of the Unsecured
Creditor Payments on an annual basis for a period of 5 years
beginning on the 1st anniversary of the Effective Date of the Plan,
and continuing yearly for another 4 years. The Unsecured Creditor
Payments shall equal $20,000 in the aggregate, and each yearly
payment shall be $4,000 for five payments. Based upon the unsecured
claims, the estimated distribution to unsecured creditors is 3.23%.
No distribution will be made for unsecured claims which were either
(i) scheduled as disputed; or (ii) no timely proof of claim was
filed.
Class 3 consists of Insider Claims. Insider Claims, if any, will
not be paid under the Plan unless or until Classes 1 and 2 are paid
in full. The Debtor does not believe there are any outstanding
insider claims.
Class 4 consists of Equity Security Holders. Equity security
holders shall retain their interests in the Debtor. In addition,
the principal of the Debtor will be entitled to a salary for his
work on behalf of the Debtor.
This First Amended Plan of Reorganization proposes to pay creditors
of the Debtor from future revenues generated by the Debtor's
business.
A full-text copy of the First Amended Plan dated December 2, 2025
is available at https://urlcurt.com/u?l=iiyOkw from
PacerMonitor.com at no charge.
Counsel to the Debtor:
David Freydin, Esq.
Law Offices of David Freydin, PC
8707 Skokie Blvd. Suite 312
Skokie, IL 60076
Phone: (847) 972-6157
Email: David.freydin@freydinlaw.com
About Spraytech LLC
Spraytech LLC, a Gurnee, Illinois-based company, sought relief
under Subchapter V of Chapter 11 of the U.S. Bankruptcy Code
(Bankr. N.D. Ill. Case No. 25-10140) on July 1, 2025. In its
petition, the Debtor reported estimated assets up to $50,000 and
estimated liabilities $500,000 and $1 million.
Judge Jacqueline P. Cox handles the case.
The Debtor is represented by David Freydin, Esq., at Law Offices Of
David Freydin Ltd.
STAKEHOLDER MIDSTREAM: Moody's Puts 'B2' CFR on Review for Upgrade
------------------------------------------------------------------
Moody's Ratings placed Stakeholder Midstream, LLC's (Stakeholder)
ratings on review for upgrade, including its B2 Corporate Family
Rating, B2-PD Probability of Default Rating, and B2 senior secured
bank credit facility rating. Previously, the outlook was stable.
These rating actions follow the announced acquisition of
Stakeholder by Targa Resources Corp. (Targa, Baa2 stable) for $1.25
billion in an all-cash transaction. The transaction is expected to
close in the first quarter of 2026, subject to regulatory clearance
and other customary closing conditions.
RATINGS RATIONALE / FACTORS THAT COULD LEAD TO AN UPGRADE OR
DOWNGRADE OF THE RATINGS
Stakeholder's ratings were placed on review for upgrade based on
their potential ownership by Targa, which has a stronger credit
profile, a more diversified portfolio of midstream assets, and
greater financial resources. The review will conclude once the
transaction has closed and there is clarity on the potential
implications for Stakeholder's debt. If Stakeholder's debt is fully
repaid then all of its ratings will be withdrawn. In the event that
the debt remains outstanding and Stakeholder becomes an
unguaranteed subsidiary of Targa, then its ratings will likely be
upgraded but the upgrade will likely be limited to the Ba range. In
the unlikely event the debt is guaranteed by Targa then the rating
could be upgraded to Targa's rating.
Stakeholder is a private company operating midstream natural gas
and crude oil gathering and processing facilities in western Texas
and southeastern New Mexico.
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.
STANDARD BUILDING: Fitch Rates New USD Unsec. Notes Due 2034 'BB'
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Fitch Ratings has assigned a 'BB' rating and Recovery Rating of
'RR4' to Standard Building Solutions Inc.'s (Standard) offering of
USD-denominated senior unsecured notes due 2034. The notes will
rank pari passu with the company's other senior unsecured debt. The
company intends to use the proceeds from the notes issuance to
partially fund the redemption of its EUR586 million 2.25% senior
unsecured notes due 2026.
Standard's ratings reflect the company's leading market positions
within its business segments, high exposure to relatively
less-cyclical repair and replacement end markets, robust liquidity
position, and strong EBITDA and free cash flow (FCF) generation.
Long-term risk factors include its modest leverage, volatile raw
materials costs, the cyclicality of the company's new construction
end markets and its history of occasionally making sizable
distributions to its parent.
Key Rating Drivers
Steady Credit Metrics: Standard's Fitch-calculated EBITDA leverage
remained stable at 4.0x for the LTM ending Sept. 28, 2025 compared
with 3.7x at YE 2024 and 3.8x at YE 2023. The proposed notes
issuance is leverage neutral as proceeds will be used to redeem
existing senior unsecured notes. Fitch projects EBITDA leverage to
settle between 3.7x-4.2x in the next few years and for the company
to operate with EBITDA leverage around 4.0x longer term. Standard
operates with EBITDA leverage that is high for a 'BB' rated
building products manufacturer, but appropriate given its strong
business profile and strong pre-dividend FCF.
Leadership Position: Fitch believes Standard's leading market
position and meaningful market share drive pricing power and
provide advantages through shelf-space allocation within
distribution channels. This is reflected in EBITDA margins that are
comparable to investment-grade building products peers and
relatively stable margins even during periods of inflationary input
costs. Standard is the No. 1 manufacturer of residential roofing
products and a leader in commercial roofing products in North
America, as well as the leading manufacturer of flat and pitched
roofing systems in Europe.
Subdued Demand Environment: Fitch expects residential and
commercial end markets to remain challenged in the U.S. and Europe
through at least the beginning of 2026 amid uncertain tariff
policies and elevated interest rates in the U.S. and weak economic
growth in Europe. Storm-related demand has also been weaker this
year than in 2024. Fitch expects Standard's revenue will fall 2%-3%
this year and increase in the low single digits in 2026.
Strong Profitability: Fitch projects EBITDA margin will decline
modestly to between 19.5% and 20% in 2025 compared with 21%-22% in
2023 and 2024 due to higher input costs. Fitch does not expect a
meaningful impact from tariffs, as Standard generally sources
materials locally, although some inputs are imported from other
countries. The company's EBITDA margin is strong for its 'BB' IDR
and in line with investment-grade U.S. building products peers.
Cash Flow: Fitch expects FCF before dividends will be 1.5%-2.5% in
2025 and 3.5%-4.5% in 2026, down from the mid-single-digit FCF
margin reported in 2023 and 2024, as capex is forecast to be
elevated this year to support capacity expansion plans. FCF after
dividends can be erratic, depending on dividend payments to its
parent, Standard Industries Inc. Standard made dividend payments in
2021, 2022 and 2025, and Fitch's rating-case forecast assumes
dividend payments during the forecast period, which could lead to
flat to negative FCF. Fitch believes Standard's capital allocation
policies are appropriate given its strong liquidity position and
cash flow from operations.
Standard Industries Ownership: Standard Industries Inc. is a
privately held holding company that owns Standard Building
Solutions Inc. and W.R Grace & Co., a specialty chemicals and
materials producer. In 2021, Standard used cash and USD2.5 billion
of incremental debt to fund a USD3.1 billion cash dividend to its
parent for the Grace acquisition. Although Fitch does not expect
Standard to regularly pay significant dividends to Standard
Industries, uncommon circumstances, such as additional acquisitions
by the parent, may require the upstream of meaningful dividends
from Standard, which could temporarily weaken its credit profile.
Diverse Sources of Revenues: Fitch views Standard's end-market
exposure as a credit positive, as roofing repair and replacement is
largely nondiscretionary and less volatile than new construction
through the cycle, providing stability to margins and cash flows.
The company's products are sold primarily to the residential and
commercial end markets in the U.S. and Europe, providing Standard
with exposure to sectors that typically have different cycle times.
Fitch estimates that about 75% of Standard's sales are derived from
repair-and-replacement-driven demand, with the balance from new
construction activity.
Balanced Growth Strategy: Fitch views Standard's growth strategy as
a credit positive, as the company has balanced organic and
inorganic growth. Standard has made bolt-on and transformational
acquisitions, as well as significant capital investments to fuel
organic growth. Fitch expects capex to remain elevated in 2025 as
the company continues to invest in increasing its manufacturing
capacity and enhancing its product offering.
Peer Analysis
Standard's leverage metrics are meaningfully weaker than
investment-grade building products peers, including Owens Corning
(BBB+/Stable), RPM International Inc. (RPM; BBB/Stable) and James
Hardie International Group Ltd. (BBB/Negative). The company has a
less-diverse product portfolio than Owens Corning and RPM but has
less exposure to more volatile new construction end markets than
these peers. The company's profitability metrics are in line with
Owens Corning's and stronger than RPM's.
Fitch’s Key Rating-Case Assumptions
- Revenue falls 2%-3% in 2025 in 2025 and improve low-single digits
in 2026;
- EBITDA margin sustains between 19.5% and 20.5% in 2025 and 2026;
- FCF margin excluding distributions of 1.5%-2.5% in 2025 and
3.5%-4.5% in 2026;
- EBITDA leverage around 4x at YE 2025 and YE 2026;
- (CFO-capex)/debt of 4.5%-5.5% in 2025 and 6%-7% in 2026.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade:
- Fitch's expectation that EBITDA leverage will be sustained above
4.5x or EBITDA net leverage will be sustained above 4.0x;
- (CFO - capex)/debt sustained below 7.5%;
- Shareholder-friendly capital allocation during a construction
downturn or period of economic distress.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade:
- Fitch's expectation that EBITDA leverage will be sustained below
3.8x;
- (CFO - capex)/debt sustained above 10%.
Liquidity and Debt Structure
Standard has a strong liquidity position, supported by USD1 billion
of cash as of Sept. 28, 2025, no borrowings under the company's
USD850 million asset-based lending (ABL) facility that matures in
November 2028 and FCF-generating ability. The company's debt is
well laddered, with its EUR586 million due November 2026 expected
to be partially redeemed with the proposed notes offering. The
company has USD850 million of senior notes coming due in 2027 and
USD1.5 billion of senior notes and term loan maturing in 2028.
Fitch's rating case assumes that the company refinances its debt as
it matures.
Issuer Profile
Standard Building Solutions is one of the largest manufacturers of
residential and commercial roofing in the U.S. and the leading
manufacturer of flat and pitched roofing systems in Europe.
Standard also manufactures waterproofing products, insulation
products, aggregates, specialty construction and other products.
Date of Relevant Committee
08 May 2025
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
data file which aggregates key data points used in its credit
analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
Standard Building
Solutions Inc.
senior unsecured LT BB New Rating RR4
STANDARD BUILDING: Moody's Rates New Senior Unsecured Notes 'Ba3'
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Moody's Ratings assigned a Ba3 rating to Standard Building
Solutions Inc.'s (Standard Building) proposed senior unsecured
notes. All other ratings of the company and its stable outlook
remain unchanged. Moody's expects the terms and conditions of the
proposed senior unsecured notes to be similar to Standard
Building's Ba3 rated senior unsecured notes. The unsecured notes
are pari passu.
The proceeds of Standard Building's new $500 million senior
unsecured notes due 2034 will be used to pay down the company's
existing Ba3 rated senior unsecured notes due 2026. Cash on hand
will be used to pay related fees and expenses in a leverage-neutral
transaction.
RATINGS RATIONALE
Standard Building's Ba3 Corporate Family Rating reflects Moody's
expectations of solid operating performance, with EBITA margins
projected to remain in the 13%–14% range through 2026. The
company is a global leader in roofing products, holding strong
market positions in North America and Europe. Demand for roofing
remains largely non-discretionary, and favorable long-term market
fundamentals support modest growth.
These strengths are offset by elevated financial leverage, with
debt-to-EBITDA at 5.1x as of September 28, 2025. Intense
competition and moderating end markets limit pricing flexibility
and constrain organic share gains. Moody's also expects the owners
to continue monetizing their investment through distributions,
which could be significant given minimal dividend restrictions
under the credit facilities.
The Ba3 ratings on the company's senior unsecured notes, the same
rating as the corporate family rating, results from their position
as the preponderance of debt in Standard Building's capital
structure.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
A ratings upgrade could occur if end markets remain supportive of
organic growth such that debt-to-EBITDA trends towards 4.25x.
Preservation of very good liquidity and conservative financial
policies would support upward ratings movement.
A ratings downgrade could occur if debt-to-EBITDA is sustained
above 5.25x or EBITA margin is sustained below 10%. Negative
ratings pressure may also transpire if the company experiences
weakening of liquidity or adopts aggressive shareholder return
initiatives or acquisitions.
Standard Building, headquartered in Parsippany, New Jersey, is the
leading manufacturer and marketer of roofing and related products
with operations primarily in North America and Europe. Trusts for
the benefit of the heirs of Ronnie F. Heyman, co-founder of
Standard Building, are the owners of Standard Building. Standard
Building's revenue for the 12 months ending September 28, 2025, was
$8.5 billion.
The principal methodology used in this rating was Manufacturing
published in September 2025.
STARCO BRANDS: Extends Forbearance Deal with Gibraltar to Dec. 31
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Starco Brands, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that on November 24, 2025,
the Company, its subsidiaries, and Gibraltar Business Capital, LLC
(as Lender) entered into Amendment No. 1 to the Forbearance
Agreement, effective July 18, 2025, related to its Revolving Loan
Facility.
The Amendment acknowledges the existence of certain continuing
events of default and provides that, subject to specified
conditions, the Lender will forbear from exercising remedies
related to those defaults through December 31, 2025, or additional
events of default.
The Amendment does not constitute a waiver of any defaults, and the
Lender reserves all rights and remedies under the Loan Documents
(as defined therein).
A full-text copy of the Amendment is available at:
https://tinyurl.com/34x26fm2
About Starco Brands
Santa Monica, Calif.-based Starco Brands, Inc. (OTCQB: STCB) --
starcobrands.com -- invents consumer products with
behavior-changing technologies that spark excitement. Starco Brands
identifies whitespaces across consumer product categories. Starco
Brands publicly trades on the OTCQB stock exchange so that retail
investors can invest in STCB alongside accredited individuals and
institutions.
Irvine, Calif.-based Macias, Gini, and O'Connell LLP, the Company's
auditor since 2022, issued a "going concern" qualification in its
report dated April 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 a working capital deficit of approximately
$10M and an accumulated deficit of approximately $81 million at
December 31, 2024, including the impact of its net loss of
approximately $17 million for the year ended December 31, 2024. The
Company's ability to raise additional capital through the future
issuances of common stock and/or debt financing is unknown. The
obtainment of additional financing and the successful development
of the Company's contemplated plan of operations, to the attainment
of profitable operations are necessary for the Company to continue
operations.
As of June 30, 2025, the Company had $57.53 million in total
assets, $23.27 million in total liabilities, and $33.86 million in
total stockholder's equity.
STUDENT TRANSPORTATION: Moody's Rates New Upsized Term Loan 'B1'
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Moody's Ratings assigned B1 ratings to Student Transportation of
America Holdings, Inc.'s (STA) proposed repriced and upsized senior
secured first lien term loan and new $50 million senior secured
delayed draw term loan. STA's existing ratings, including the B1
corporate family rating, are unaffected by this transaction. The
rating outlook is stable.
STA is seeking to upsize its existing $748 million term loan B with
a $50 million add-on and issue a new $50 million delayed draw term
loan. Both facilities will mature in 2032. Concurrently, the
company is proposing to reprice its existing senior secured first
lien credit facilities.
Moody's expects proceeds from the $50 million term loan add-on and
$50 million delayed draw term loan will be used to fund STA's
active acquisition pipeline and any associated fleet investments
with those targets. STA's ongoing acquisition strategy is
consistent with Moody's expectations. STA pursues tuck in
acquisitions to both improve its bus route density in existing
areas and enter into new geographic markets. Moody's views
integration risk with acquisitions to be manageable given STA's
track record.
Moody's forecasts STA's debt-to-EBITDA will remain moderately high
at slightly above 5.0x over the next 12 months, inclusive of the
proposed delayed draw term loan. Given STA's acquisitive nature,
Moody's don't anticipate any meaningful reduction in leverage in
the foreseeable future. Further, the company leases the majority of
its new buses, which will prevent a significant reduction in
adjusted debt levels as Moody's treat these lease obligations as
debt.
RATINGS RATIONALE
STA's ratings reflect its strong competitive position as one of the
largest outsourced student transportation providers in North
America. The company's scale and regional density enable successful
bidding for customer contracts and strategic integration of tuck-in
acquisitions in a fragmented market. The predictable and steady
demand for student busing services, and STA's contracted revenue
base with high contract renewal rates provide visibility to its
recurring revenue base.
Moody's expects STA to maintain good profitability with an EBITDA
margin of at least 15%. STA's contracts contain pricing mechanisms
to counter rising costs over time. However, costs tied to higher
driver wages or increasing insurance premiums can reduce
profitability until STA can adequately reprice those contracts.
Moody's forecasts STA will maintain adequate liquidity with
sufficient cash and ample availability under its $200 million
revolving credit facility. Moody's expects free cash flow to be at
least breakeven in fiscal year 2026. STA's free cash flow is
constrained by capital spending required to regularly refresh and
grow its bus fleet. Moody's anticipates that excess free cash flow,
if any, will be returned to shareholders or used for acquisitions
rather than for debt reduction.
The stable outlook reflects Moody's expectations for steady organic
revenue growth and profitability. The outlook also reflects Moody's
expectations that the company will continue to pursue growth
through debt funded acquisitions, which will result in the
maintenance of moderately high leverage over the next 12-18
months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if STA increases scale and
demonstrates steady earnings growth while maintaining a disciplined
financial policy, including sustaining debt-to-EBITDA below 5.0x
and EBITDA less capex-to-interest expense above 2x. In addition,
the company would need to maintain good liquidity with consistently
positive free cash flow.
The ratings could be downgraded if STA experiences declining
revenue and lower profitability from loss of contracts, higher
costs or inadequately priced contracts. Debt-to-EBITDA approaching
6.0x and EBITDA less capex-to-interest expense below 1.5x could
result in a downgrade. Lastly, an inability to generate positive
free cash flow or increased reliance on its revolving credit
facility could prompt a downgrade of the ratings.
The principal methodology used in these ratings was Passenger
Railways and Bus Companies published in August 2024.
Student Transportation of America Holdings Inc. is a provider of
contracted school transportation services across North America. The
company transports 1.5 million students daily across 24 states and
six Canadian provinces. The company is majority owned by Caisse de
Depot et Placement du Quebec (CDPQ) while Ullico Infrastructure
Fund maintains a minority ownership stake. Unaudited pro forma
revenue for the twelve months ended September 30, 2025 was
approximately $1.4 billion.
SUPRA NATIONAL: Gets Interim OK to Obtain DIP Loan From CSNK
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Supra National Express, Inc. received interim approval from the
U.S. Bankruptcy Court for the Central District of California, Los
Angeles Division, to obtain financing through a factoring agreement
with CSNK Working Capital Finance Corp.
This financing is a senior secured, superpriority,
debtor-in-possession financing of up to $1.5 million from CSNK
(doing business as Bay View Funding), with $500,000 available
immediately.
The financing will be secured by the Debtor's cash collateral and
other personal property excluding Chapter 5 avoidance actions.
CSNK will hold superpriority administrative claims and liens
subordinate only to certain purchase-money and lease liens, as well
as junior to any actual or alleged liens of the U.S. Small Business
Administration, Channel Partners, and Milestone Equipment pending
final court approval.
Founded in October 2014, Supra National Express provides turnkey
logistics and transportation services for goods imported through
Los Angeles, including port pick-up, storage, and delivery.
Initially profitable, the Debtor faced severe financial strain due
to multiple compounding factors: AB 5 legislation in California
requiring a transition from independent contractors to employee
drivers, resulting in higher operating costs and litigation; loss
of major customers, including the Wonderful Company; failed
expansion efforts and joint ventures, notably with CULINES; and
high-cost infrastructure investments, including the Lynwood
Property, acquisition of over 200 chassis, vehicles, reach
stackers, and the Shafer Property. These investments, often
predicated on anticipated growth that did not materialize,
generated significant obligations, including judgments and claims
exceeding $1 million. Additionally, the Debtor was unable to
collect approximately $800,000 in accounts receivable and faced
eviction proceedings at leased properties, leading to further
financial pressure.
To address ongoing liquidity challenges, the Debtor relied on
high-cost merchant cash advances, which exacerbated cash flow
issues, and its prior asset-based lender relationship ended in July
2025. Since the petition date, the Debtor's primary assets include
approximately $53,368 in cash (rising to $166,668), $587,495 in
accounts receivable, vehicles and rolling stock valued at $280,500,
and the Shafer property valued at $3.5 million. Due to the 21–30
day payment terms of most customers, cash flow is critical to
maintain operations, pay vendors, and meet payroll obligations.
Alternative factoring options were explored but only CSNK can
immediately provide financing during Chapter 11.
A copy of the interim order is available at https://is.gd/CcXHh0
from PacerMonitor.com.
About Supra National Express
Supra National Express provides logistics and transportation
services, including drayage, warehousing, and international
freight, operating primarily from Long Beach and Carson,
California, near the Ports of Los Angeles and Long Beach. The
Company maintains a fleet of specialized equipment and is licensed
as a Non-Vessel Operating Common Carrier (NVOCC), offering
technology solutions for transportation management.
Supra National Express sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-19576) on October 28,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between $10
million and $50 million.
Honorable Bankruptcy Judge Neil W. Bason handles the case.
The Debtor is represented by Ron Bender, Esq., at Levene, Neale,
Bender, Yoo & Golubchik, LLP.
SURVWEST LLC: Claims to be Paid from Continued Operations
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Ken Yager, the Chapter 11 Trustee for SurvWest LLC, filed with the
U.S. Bankruptcy Court for the District of Colorado a Disclosure
Statement describing Plan of Reorganization for the Debtor dated
December 2, 2025.
The Debtor provides surveying, mapping, subsurface utility
engineering and utility coordination services in support of
architectural design, engineering, construction and real estate
projects for clients primarily in Colorado and Texas.
In 2023, the Debtor hired a President/COO to help with the overall
direction and growth of the company, specifically in Texas. An
Austin, Texas office was opened (in addition to the then-existing
offices in Fort Worth and Denver) and, while initially there was
some success, the Austin operations became a drag on operations in
2024.
The Debtor entered a new contract with the Union Pacific, one of
its largest clients, in 2023 that resulted in a decline in billing
from more than $3 million per year to less than $1.5 million per
year. Debtor believes the Union Pacific breached the 2023 contract
and the breach was a direct cause of the Chapter 11 Case. Debtor is
evaluating whether to pursue litigation against the Union Pacific.
The Debtor has continued operations during the Chapter 11 Case. The
Debtor rejected its Fort Worth, Austin and Denver office leases to
reduce operating expenses, and relocated to a less expensive office
space in Colorado to further reduce expenses. The Debtor has
obtained several lucrative contracts for 2025 and projects
substantially increased income going forward based upon several new
contracts.
The Plan provides for the continued operation of the Debtor,
payments as required under the Bankruptcy Code to the Holders of
Allowed Administrative Claims, Priority Claims, Priority Tax
Claims, and Secured Claims, and payments of 75% of the Debtor's Net
Profits over a five-year period to the Holders of Allowed Unsecured
Claims. As set forth in the projections attached hereto as Exhibit
A, the Reorganized Debtor projects distributing approximately $11.4
million to the Holders of Allowed Unsecured Claims over the life of
the Plan. Subject to the discussion, the Trustee anticipates that
Allowed Unsecured Claims will be paid in full.
Class 8 consists of General Unsecured Claims. The Holders of
Allowed Class 8 Claims shall be paid their Pro Rata share of the
Reorganized Debtor's Net Profits Fund, after payment in full of
Allowed Claims of a higher priority (including Allowed
Administrative Claims, Allowed Priority Claims, and Allowed
Priority Tax Claims), on a quarterly basis for 20 quarters
beginning after the first full calendar quarter after the Effective
Date. Distributions to Class 8 claimants shall not exceed the
amount of the Allowed Unsecured Claims. The Trustee anticipates
that unsecured creditors shall receive 100% on account of their
Allowed Secured Claims. This Class is impaired.
The claims of Equity Interest Holders are treated under Class 9 of
the Plan. If Class 8 votes in favor of the Plan, the holders of
Equity Interests shall retain their interests. If Class 8 votes
against the Plan, on the Effective Date, existing shares of the
Debtor shall be cancelled. On the Effective Date, 100% of the
common stock of the Reorganized Debtor shall be issued to Mathew
Barr in satisfaction of $50,000 of the amount lent to the Debtor
pursuant to the approved Debtor-in-Possession Loan Agreement.
Payments due under the Plan will be made from cash generated from
the Reorganized Debtor's post-Confirmation operations.
Administrative Claims and Priority Tax Claims shall be paid on the
Effective Date of the Plan or as otherwise agreed by the Holder of
the Claim. Secured Claims will be paid. Payments to the Holders of
Unsecured Creditors will be funded with 75% of monies deposited in
the Net Profits Fund for a period of five years.
The Trustee believes that the Debtor will have sufficient cash on
hand on the Effective Date of the Plan to pay all the claims and
expenses that are entitled to be paid on that date. Specifically,
the Debtor has approximately $1.5 million of accounts receivable. A
portion of those accounts are being held by the account debtors due
to the Pre-petition actions of Symplifi who transmitted UCC lien
holds to them. The Trustee anticipates that the ongoing litigation
with Symplifi will be resolved either through a settlement or
through trial scheduled in January of 2026 and that once the
litigation is resolved, the Trustee will obtain an order from the
Bankruptcy Court requiring the account debtors to turnover the
withheld accounts receivable to the Trustee.
Additionally, the Trustee with the help of the Debtor's president,
Mathew Barr, anticipates that the Debtor will be able to collect a
significant portion of the accounts receivable within the upcoming
months prior to the Effective Date and will thus have sufficient
cash on hand on the Effective Date to cover the Allowed
Administrative Claims.
A full-text copy of the Disclosure Statement dated December 2, 2025
is available at https://urlcurt.com/u?l=IvFwo1 from
PacerMonitor.com at no charge.
Attorneys for Ken Yager, Chapter 11 Trustee:
Jennifer Salisbury
Markus Williams Young and Hunsicker LLC
1775 Sherman Street, Suite 1950
Denver, CO 80203
Tel: (303) 830-0800
Fax: (303) 830-0809
Email: jsalisbury@markuswilliams.com
About Survwest, LLC
SurvWest LLC, formerly known as SurvTech Solutions LLC, is a
diversified engineering firm specializing in surveying and mapping;
subsurface utility engineering (SUE); and utility coordination for
clients across the United States.
SurvWest filed Chapter 11 petition (Bankr. D. Colo. Case No.
24-15214) on September 6, 2024, with total assets of $7,301,456 and
total liabilities of $9,447,402. Mathew Barr, president, signed the
petition.
Judge Thomas B. Mcnamara handles the case.
David Wadsworth, Esq., at Wadsworth Garber Warner Conrardy, P.C. is
the Debtor's legal counsel.
TBK Bank is represented by:
Duncan E. Barber, Esq.
Otteson Shapiro, LLP
7979 E. Tufts Avenue, Suite 1600
Denver, CO 80237
Tel: (720) 488-0220
Fax: (720) 488-7711
E-mail: dbarber@os.law
SWF HOLDINGS I: Moody's Cuts CFR to Caa2 & Alters Outlook to Neg.
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Moody's Ratings downgraded SWF Holdings I Corp.'s (Springs Windows)
Corporate Family Rating to Caa2 from Caa1, its Probability of
Default Rating to Caa2-PD from Caa1-PD, and the rating on the
super-priority second out backed senior secured first lien term
loan due 2028 to Caa2 from Caa1. At the same time, Moody's affirmed
the B1 rating of the super-priority first out backed senior secured
first lien bank credit facilities, Caa3 rating of the backed senior
secured second lien notes due 2029, and Ca rating of the senior
unsecured notes due 2029. The super-priority first out secured
facilities consist of a $125 million revolving credit facility, a
$157 million term loan and a $200 million delayed draw term loan.
The outlook changed to negative from stable.
The ratings downgrade reflects the ongoing pressures on Springs
Windows' business as persistently weak consumer demand continues to
negatively impact its top line. The lower volumes and cost
inflation are significantly pressuring the company's profitability,
with Springs Windows' reporting a company-adjusted EBITDA
year-over-year decline of 22% year-to-date through 3Q-2025,
following a year-over-year decline of 19% in fiscal 2024. Moody's
do not expect a material improvement in demand for high-priced
housing related products over the next year. The company's capital
structure is unsustainable absent a material rebound in earnings
given its weak credit metrics with very high financial leverage and
ongoing sizable free cash flow deficits that is increasing debt.
The company is actively implementing its strategy to improve
revenue trends and profitability by simplifying the consumer buying
process, expanding its motorized product portfolio, and
streamlining manufacturing. Springs Windows' adequate liquidity,
supported by the $200 million delayed draw term loan and unused
capacity on its two revolvers, provides some financial flexibility
to execute on its earnings turnaround initiatives over the next
12-18 months. However, there is uncertainty around the company's
ability to meaningfully improve profitability and credit metrics
amid a challenging operating environment and the incremental
borrowing continues to add to the debt burden. Moody's expects that
headwinds negative affecting consumer discretionary spending such
as cumulatively high inflation and weak housing market trends due
to low affordability will continue into 2026. These factors along
with historically low consumer sentiment conditions will make it
challenging for Springs Windows to materially improve its
profitability and restore positive free cash flow over the next 12
months. As a result, Moody's projects that the company's free cash
flow deficits will persist in fiscal 2026, although Moody's
anticipates the deficit to be lower relative to 2025. Springs
Windows needs to improve the business performance to enable EBITDA
margins approaching 20% to restore positive free cash flows on a
sustained annual basis.
The rating affirmation of the super-priority first out bank credit
facilities reflects the payment priority relative to the second-out
term loan with respect to collateral proceeds and that the
collateral provides good coverage of the facilities even in a
stress scenario. The rating affirmations of the senior secured
second lien notes due 2029 and the senior unsecured notes due 2029
reflect these debt liabilities subordination relative to the
super-priority facilities and Moody's views that the current
ratings reflect Moody's views on recovery in the event of a
default.
RATINGS RATIONALE
Springs Windows' Caa2 CFR broadly reflects its unsustainable
capital structure with very high financial leverage and ongoing
cash flow deficits given its high interest burden. The company is
exposed to cyclical downturns given the discretionary nature of its
products. The effect of cumulative high inflation and weak housing
market trends due to low housing affordability that is negatively
affecting home sales and consumer demand for the company's
products. Because of its very high financial leverage, Springs
Windows needs to improve the EBITDA margin towards historical
levels of over 20% to restore positive free cash flows on an annual
basis. There is uncertainty around the company's ability to quickly
and materially improve the EBITDA margin amid a challenging
operating environment. The company has customer concentration with
two national retailers, and its direct competitor is considerably
larger with global scale, which creates the potential for market
share volatility.
The ratings also reflect Springs Windows' strong position in the
window coverings market, good channel diversification, and its
long-standing relationships with well-recognized retailers. The
company's Mexico manufacturing footprint and its ability to quickly
deliver fully customized orders are a competitive advantage over
smaller industry participants. Springs Windows' adequate liquidity
is supported by good availability of $111 million on its combined
$275 million revolving facilities and access to a committed $200
million delayed draw facility that is available to draw until June
2026. The adequate liquidity provides capacity to fund operations
and execute on growth initiatives over the next approximately 24
months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The negative outlook reflects that Moody's expects headwinds
impacting consumer demand for Springs Windows products will persist
into 2026, making it challenging for the company to improve
earnings and materialy lower ongoing free cash flow deficits.
The ratings could be upgraded if the company grows its revenue,
improves the EBITDA margin with lower cash charges, and
demonstrates sustainable positive free cash flow that supports its
capital structure. A recovery in end markets and good execution of
growth initiatives is likely necessary to achieve the revenue and
earnings growth necessary to restore positive free cash flow. A
ratings upgrade would also require Springs Windows to maintain at
least adequate liquidity supported by positive free cash flow and
ample revolver availability with good covenant headroom.
A ratings downgrade could occur if Springs Windows is unable to
improve the EBITDA margin or faces setbacks related to its revenue
and earnings growth initiatives because of factors such as
continued end market softness, pricing pressure on higher costs.
The ratings could also be downgraded if liquidity deteriorates,
free cash flow deficits worsen in 2026, free cash flow remains
negative past 2026, or if the probability of an event of default
increases.
The principal methodology used in these ratings was Consumer
Durables published in September 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.
Headquartered in Middleton, Wisconsin, Springs Windows designs and
manufactures window coverings. Clearlake Capital Group, L.P.
(Clearlake) acquired the company in October 2021. The company
reported revenue of $1.0 billion for the LTM period ending
September 27, 2025.
TECHNICAL ARTS: Allowed to Pay Prepetition Wages
------------------------------------------------
The Honorable Vincent F. Papalia of the United States Bankruptcy
Court for the District of New Jersey granted the motion of
Technical Arts Group LLC for entry of an order:
(i) authorizing the Debtor to (a) pay Prepetition Wages and
related obligations, (b) pay and remit Payroll Taxes and other
deductions to third parties, and (c) honor and process workers’
compensation and employee benefit obligations, and
(ii) authorizing and directing all banks to honor checks and
transfers for payment of prepetition Employee Obligations.
The Debtor is authorized, but not directed, to pay all claims on
account of Prepetition Wages subject to the statutory cap of
$17,150 per Employee under sections 507(a)(4) and 507(a)(5) of the
Bankruptcy Code.
A copy of the Court's Order dated November 24, 2025, is available
at https://urlcurt.com/u?l=KkFmv8 from PacerMonitor.com.
Proposed Counsel to Technical Arts Group LLC, Chapter 11 Debtor and
Debtor-in-Possession:
Richard D. Trenk, Esq.
Robert S. Roglieri, Esq.
Stephen M. Gengaro, Esq.
TRENK ISABEL SIDDIQI & SHAHDANIAN P.C.
290 W. Mt. Pleasant Ave., Suite 2370
Livingston, NJ 07039
Telephone: (973) 533-1000
Email: rtrenk@trenkisabel.law
rroglieri@trenkisabel.law
sgengaro@trenkisabel.law
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: Can Maintain Cash Management System, Bank Accounts
------------------------------------------------------------------
The Honorable Vincent F. Papalia of the United States Bankruptcy
Court for the District of New Jersey granted on an interim basis
the motion of Technical Arts Group LLC for entry of an interim
order:
(i) authorizing the Debtor to continue and maintain its existing
cash management system, bank accounts and business forms,
(ii) modifying the investment guidelines set forth in section 345
of the Bankruptcy Code,
(iii) providing the United States Trustee with a 60-day objection
period, and
(iv) granting related relief.
The requirements of section 345(b) of the Bankruptcy Code are
waived, on an interim basis, for the next sixty (60) days, as to
the Debtor's bank accounts.
A copy of the Court's Order dated November 24, 2025, is available
at https://urlcurt.com/u?l=xNg0a1 from PacerMonitor.com.
Proposed Counsel to Technical Arts Group LLC, Chapter 11 Debtor and
Debtor-in-Possession:
Richard D. Trenk, Esq.
Robert S. Roglieri, Esq.
Stephen M. Gengaro, Esq.
TRENK ISABEL SIDDIQI & SHAHDANIAN P.C.
290 W. Mt. Pleasant Ave., Suite 2370
Livingston, NJ 07039
Telephone: (973) 533-1000
Email: rtrenk@trenkisabel.law
rroglieri@trenkisabel.law
sgengaro@trenkisabel.law
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 $8,654,532 in liabilities.
Judge Vincent F Papalia oversees the case.
Richard D. Trenk, Esq. and Robert S. Roglieri, Esq., at TRENK
ISABEL SIDDIQI & SHAHDANIAN P.C., represents the Debtor as legal
counsel.
TELUS CORP: S&P Rates New C$-Denominated Subordinated Notes 'BB'
----------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating to Telus
Corp.'s (BBB-/Stable/A-3) proposed C$-denominated fixed-to-fixed
rate junior subordinated notes due 2056. The company intends to use
the net proceeds from this issuance to fund tender offers for
existing notes and other general corporate purposes.
S&P said, "We rate the securities two notches below our 'BBB-'
long-term issuer credit rating on Telus to reflect their
subordination and management's ability to defer the interest
payments on the notes. We classify these notes as hybrid securities
with intermediate (50%) equity content. This reflects the notes'
permanence, subordination, and deferability features. In line with
our criteria, we will reclassify the notes as having minimal equity
content after 2036 because the remaining period until maturity will
be less than 20 years."
Pro forma the transaction, total hybrids (including the U.S.
issuance) will exceed 15% of company's pro forma total
capitalization. According to S&P's estimates, with this transaction
the overall hybrid capital eligible for intermediate equity credit
can be up to 17%; however, S&P intends not to give equity content
to the hybrid capital that exceeds 15% of Telus' capitalization.
S&P said, "The long-term nature of the subordinated notes--along
with the company's limited ability and lack of incentives to redeem
them--meets our standards for permanence. Telus has emphasized its
willingness to maintain the instruments as part of its permanent
capital structure. If the company redeems either of the instruments
before the effective maturity date, it must replace them with an
equivalent instrument or one with stronger equity content issued up
to or on the date the original hybrid is redeemed. The instruments
are subordinated to all of Telus' existing and future senior debt
obligations, thereby satisfying the condition for subordination. In
addition, the interest payments on the notes are deferrable by up
to five years, which fulfills the deferability element. That said,
the coupon-floor feature provides Telus with less protection
against certain interest rate and refinancing scenarios than
equivalent hybrids without a floor."
S&P expects the company would replace this instrument with an
equivalent or stronger form of equity before potentially redeeming
it to maintain a similar layer of capital to absorb losses or
conserve cash. Redeeming the notes without replacing them with an
equivalent or stronger form of equity would likely preclude equity
credit later, all else being equal.
TITAN GROUP: Cash Collateral Hearing Set for Dec. 10
----------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
San Fernando Valley Division, is set to hold a hearing on December
10 to consider another extension of Titan Group Logistics, Inc.'s
authority to use cash collateral.
The Debtor's authority to use cash collateral under the court's
November 26 interim order expires on December 10.
The November 26 order allowed cash collateral use solely for the
expenses listed in the Debtor's budget and barred any insider
payments.
BMO Harris Bank and Crossroads are the creditors that may have
security interest in the cash collateral.
About Titan Group Logistics, Inc.
Titan Group Logistics, Inc. sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-12027) on
October 30, 2025, with $100,001 to $500,000 in assets and $500,001
to $1 million in liabilities.
Judge Hon. Victoria S Kaufman oversees the case.
The Debtor is represented by:
Tamar Terzian, Esq.
Terzian Law Group, Apc
Tel: 626-826-1271
tamar@terzlaw.com
TOGETHER GOOD: Lender Seeks to Prohibit Cash Collateral Access
--------------------------------------------------------------
Capitol Indemnity Corporation asks the U.S. Bankruptcy Court for
the Northern District of Texas, Dallas Division, to prohibit
Together Good Deeds IV, LLC from using cash collateral.
CIC explains that it issued multiple performance and payment bonds
guaranteeing the Debtor's obligations on three major construction
projects: the Seacoast Collegiate High School expansion in Florida,
the Henderson Avenue Mixed Use project in Texas, and the DFW
Airport expansion. Each subcontract required CIC to issue bonds
before the Debtor could perform the work.
The bonded contract amounts totaled several million dollars,
including $657,826 for the Seacoast air barrier work, $54,968 for
the Seacoast waterproofing work, $809,464 for the Henderson Avenue
project (increased from the original $560,201), and $664,398 for
the DFW Airport project. After the Debtor filed its Chapter 11
petition on August 22, the trustee did not assume or reject any of
the subcontracts, placing CIC at risk of substantial liability
under the bonds. Project owners and contractors including
Wharton-Smith, Inc. and Balfour Beatty Construction have already
made demands against CIC under the performance bonds, and CIC now
faces additional exposure of more than $681,922 from payment bond
claims submitted by the Debtor's subcontractors and suppliers.
Because bonded project funds are traditionally treated as trust
funds for the benefit of laborers and suppliers, CIC asserts a
priority interest in all proceeds generated under the bonded
subcontracts. CIC therefore requests that the court protect its
collateral by ordering the trustee to segregate the bonded contract
proceeds, including all retainage; to use those funds exclusively
to satisfy payment obligations to subcontractors, suppliers, and
laborers as they come due; and to ensure that all tax obligations
associated with the projects are paid.
CIC argues that these safeguards are necessary to prevent the
misuse of funds that must legally flow to those performing work
under the bonded contracts and to reduce its exposure under the
bonds. It asks the court to grant adequate protection consistent
with these requirements and to provide any additional relief deemed
just and appropriate.
A copy of the motion is available at https://urlcurt.com/u?l=mSmZY0
from PacerMonitor.com.
About Together Good Deeds IV
LLC
Together Good Deeds IV LLC, based in Texas, provides professional
architectural, engineering, and related consulting services under
NAICS code 5413.
Together Good Deeds IV sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-33215) on August 22,
2025. In its petition, the Debtor reported estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Scott W. Everett handles the case.
The Debtor tapped Vickie L. Driver, Esq., at Driver Stephenson,
PLLC as counsel and Andre + Associates PC as accountant.
Capitol Indemnity Corporation, as lender, is represented by:
Emory G. Allen, Esq.
Troy T. Kramer, Esq.
CLARK HILL PLC
2600 Dallas Parkway, Suite 600
Frisco, TX 75034
Telephone: 214.651.2185
Facsimile: 469.227.6575
eallen@clarkhill.com tkramer@clarkhill.com
TRILLION ENERGY: Reports $4MM Net Loss in 2025 Q3, Revenues Fall
----------------------------------------------------------------
Trillion Energy International Inc. filed with the U.S. Securities
and Exchange Commission its Condensed Consolidated Interim
Financial Statements, reporting a net loss of $4 million for the
three months ended September 30, 2025, compared with a net loss of
$1.2 million for the three months ended September 30, 2024.
For the nine months ended September 30, 2025, the Company reported
a net loss of $2.4 million, compared with a net income of $491,873
for the same period in 2024.
For the three months ended September 30, 2025 and 2024, the Company
had revenues of $677,790 and $2.3 million, respectively. For the
nine months ended September 30, 2025 and 2024, the Company recorded
revenues of $2.3 million and $4.9 million, respectively.
As at September 30, 2025, the Company's current liabilities
exceeded its current assets by $30.4 million (December 31, 2024 –
$27.9 million) and its accumulated deficit amounts to $56.4 million
(December 31, 2024 – $54 million).
As of September 30, 2025, the Company had $51.1 million in total
assets, $42.4 million in total liabilities, and $8.7 million in
total stockholders' equity.
For the nine months ended September 30, 2025, net cash provided by
operating activities was $588,537 (2024 – $4.1 million used by).
The Company's continuation as a going concern is dependent upon its
ability to complete financing sufficient to meet current and future
obligations, the successful results from its business activities,
and its ability to operate profitably and generate funds.
Although the Company raised capital in previous reporting periods,
additional funding will be required to continue current operations
and further advance its existing oil and gas assets in the upcoming
12 months. These factors indicate the existence of material
uncertainty, which raises substantial doubt about the Company's
ability to continue as a going concern.
A full-text copy of the financial statements and Management
discussion and analysis, attached on Form 6-K are available at:
https://tinyurl.com/2tsfmv9u
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.
TRIUMPH GROUP: S&P Withdraws 'B-' ICR on Acquisition by Berkshire
-----------------------------------------------------------------
S&P Global Ratings withdrew its 'B-' issuer credit rating on
Triumph Group Inc. following the company's acquisition by Berkshire
Partners and Warburg Pincus. The acquisition, which closed in
October 2025, coincided with a comprehensive private refinancing of
Triumph's existing debt. Therefore, S&P also withdrew its 'B-'
issue-level rating and '3' recovery rating on the company's first
lien debt.
At the time of the withdrawal, S&P's outlook on Triumph was
stable.
UNIFIED VAILSBURG: Voluntary Chapter 11 Case Summary
----------------------------------------------------
Debtor: Unified Vailsburg Services Organization
1044 South Orange Avenue
Floor 2
Newark, NJ 07106
Business Description: Unified Vailsburg Services Organization,
Inc. provides social services and community
programs in Newark, New Jersey, including
child care, senior services, and family
support initiatives. The organization
operates multiple facilities in the
Vailsburg area and focuses on serving
individuals across different stages of life.
Its work encompasses education, outreach,
and supportive services aimed at
strengthening the local community.
Chapter 11 Petition Date: December 2, 2025
Court: United States Bankruptcy Court
District of New Jersey
Case No.: 25-22767
Judge: Hon. John K Sherwood
Debtor's Counsel: George E. Veitengruber, III, Esq.
VEITENGRUBER LAW LLC
1720 Route 34
Suite 10
Wall, NJ 07727
Tel: (732) 695-3303
Fax: (732) 695-3917
Email: bankruptcy@veitengruberlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Arthur Mockabee as chief executive
officer.
The Debtor failed to attach a list of its 20 largest unsecured
creditors to the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/KVLK7VY/Unified_Vailsburg_Services_Organization__njbke-25-22767__0001.0.pdf?mcid=tGE4TAMA
UNIQUE REALTY: Seeks to Hire Dilks Law Firm as Bankruptcy Counsel
-----------------------------------------------------------------
Unique Realty LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Arkansas to hire Dilks Law Firm as
counsel.
The firm's services include:
(a) represent the Debtor with regard to the filing of its
Chapter 11 petition and schedules and in the prosecution of its
Chapter 11 case;
(b) assist the Debtor with respect to its powers and duties in
the continued management of its property; and
(c) perform all legal services for the Debtor which may be
necessary in connection with its Chapter 11 case.
The hourly rates of the firm's counsel and staff are:
Attorney $350
Paralegal $100
Legal Assistant $25
The firm received a pre-petition payment in the amount of $8,025
from the Debtor.
Frank Falkner, Esq., and Lyndsey Dilks, Esq., attorneys at Dilks
Law 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:
Frank H. Falkner, Esq.
Lyndsey D. Dilks, Esq.
Dilks Law Firm
P.O. Box 34157
Little Rock, AR 72203
Telephone: (501) 244-9770
Facsimile: (888) 689-7626
Email: frank@dilkslawfirm.com
ldilks@dilkslawfirm.com
About Unique Realty LLC
Unique Realty LLC is a limited liability company.
Unique Realty LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Ark. Case No. 25-14049) on November
19, 2025. In its petition, the Debtor reports estimated assets of
$100,000 and estimated liabilities of $1 million to $10 million.
Honorable Bankruptcy Judge Phyllis M. Jones handles the case.
The Debtor is represented by Frank Falkner, Esq. of Dilks Law Firm.
UNITED PROPERTY: Court OKs Deal on Cash Collateral Access
---------------------------------------------------------
United Property Maintenance Corporation obtained court approval to
access the cash collateral of First Internet Bank of Indiana.
The U.S. Bankruptcy Court for the Central District of California,
Santa Ana Division, approved a stipulation allowing the Debtor to
use cash collateral through January 31, 2026, or until default or
full repayment to the secured creditor.
As protection, First Internet Bank of Indiana was granted a first
priority security interest in and lien on the Debtor's property
similar to its pre-bankruptcy collateral, subject only to any
existing valid and non-avoidable liens of other secured creditors.
Events of default under the stipulation include missed payments,
failure to maintain insurance or utilities, cessation of ordinary
business operations, unauthorized liens, or insufficient cash to
continue operations. Upon default, the Debtor has seven days to
cure or obtain the bank's consent; failure to do so terminates cash
collateral use.
All liens and security interests under the stipulation are deemed
effective and perfected as of the petition date, and the
stipulation does not constitute the bank's approval of any plan of
reorganization or liquidation.
The stipulation and court order are available at
https://is.gd/xI7G19 and https://is.gd/fk2tnG from
PacerMonitor.com.
United Property Maintenance had previously executed three
promissory notes with First Internet Bank of Indiana: a first loan
of $555,000 and a second loan of $75,000 in January 2022, later
increased to $350,000, and a Third Loan of $809,000 in September
2024. First Internet Bank of Indiana holds first-priority liens on
substantially all of the Debtor's assets, perfected via UCC
filings. In April, the Debtor obtained a $250,000 high-interest
loan from Fora, which asserts a blanket lien on the Debtor's
assets.
About United Property
Maintenance
United Property Maintenance Corporation, doing business as
California Construction Superior, provides residential and
commercial water damage restoration services in San Diego County,
California. The Company offers 24/7 emergency flood response, water
extraction, drying, mold prevention, and full-service rebuilding of
damaged areas including drywall, paint, and cabinetry. Its
operations include certified technicians, insurance consultations,
and the use of specialized equipment and virtual project tracking
technology.
United Property Maintenance Corporation sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-12226)
on August 11, 2025. In its petition, the Debtor reports total
assets of $470,779 and total liabilities of $2,271,035.
Honorable Bankruptcy Judge Mark D. Houle handles the case.
The Debtor tapped David A. Wood, Esq., at Marshack Hays Wood LLP as
counsel, and Grobstein Teeple LLP as financial advisor.
UNITED PROPERTY: Unsecureds Will Get 3.1% of Claims over 3 Years
----------------------------------------------------------------
United Property Maintenance Corporation d/b/a California
Construction Superior submitted a First Amended Plan of
Reorganization dated December 2, 2025.
The Plan is a reorganizing plan. The Plan will be funded from
Debtor's projected disposable income.
Allowed administrative claims will be paid in full on the Effective
Date, unless otherwise agreed to by the administrative claimant.
The funds remaining after payment of allowed administrative claims
and any priority tax claim will be paid pro rata to holders of
allowed general unsecured claims over three years.
The Debtor believes the Plan presents the most advantageous outcome
for all the Debtor's creditors and, therefore, confirmation of the
Plan is in the best interests of the Debtor, its creditors and its
bankruptcy estate ("Estate").
Class 2 consists of General Unsecured Claims. Estimated total
amount of claims is $2,036,876. In full and final satisfaction of
each, any, and all of their claims against the Debtor, each holder
of a Class 2 allowed claim will receive cash payments from the
general unsecured creditor pool equal to its pro rata share of the
Debtor's projected disposable income over the life of the 3-year
Plan. Allowed Class 2 Claims are projected to receive distributions
totaling $63,559 from the general unsecured creditor pool, which
the Debtor has valued at 3.1% on the dollar.
Distributions to Class 2 claimants will be made in two
distributions from the general unsecured creditor pool after
administrative claims and priority unsecured claims are paid in
full. Based on a projected Effective Date in January 2026, the
first distribution to Class 2 claimants will commence on or about
July 30, 2028 and the second distribution will be made on or about
December 31, 2028, although these dates are subject to change, but
in no event shall the second distribution be later than 3 years
after the Effective Date of the Plan.
The Debtor may prepay the distributions to Class 2 claimants at any
time without prepayment penalty. The Debtor is dedicating all its
projected disposable income for a period of three years to make all
the payments under the Plan.
The Debtor's projections demonstrate that through cash on hand and
income generated by the Debtor over the life of the Plan, the
Debtor will have the ability to make the payments due (1) on the
Effective Date, (2) to priority tax claim holders, (3)
administrative claim holders, (4) to Class 1 claim holders, and (5)
to Class 2 claim holders.
A full-text copy of the First Amended Plan dated December 2, 2025
is available at https://urlcurt.com/u?l=aviBR9 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
David A. Wood, Esq.
Aaron E. De Leest, Esq.
Sarah R. Hasselberger, Esq.
MARSHACK HAYS WOOD LLP
870 Roosevelt
Irvine, CA 92620
Telephone: (949) 333-7777
Facsimile: (949) 333-7778
E-mail: dwood@marshackhays.com
adeleest@marshackhays.com
shasselberger@marshackhays.com
About United Property Maintenance
United Property Maintenance Corporation, doing business as
California Construction Superior, provides residential and
commercial water damage restoration services in San Diego County,
California. The Company offers 24/7 emergency flood response, water
extraction, drying, mold prevention, and full-service rebuilding of
damaged areas including drywall, paint, and cabinetry. Its
operations include certified technicians, insurance consultations,
and the use of specialized equipment and virtual project tracking
technology.
United Property Maintenance Corporation sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-12226)
on August 11, 2025. In its petition, the Debtor reports total
assets of $470,779 and total liabilities of $2,271,035.
Honorable Bankruptcy Judge Mark D. Houle handles the case.
The Debtor tapped David A. Wood, Esq., at Marshack Hays Wood LLP as
counsel, and Grobstein Teeple LLP as financial advisor.
URBANCORE PRESERVATION: Fannie Mae Wants Kimaz as Receiver
----------------------------------------------------------
Federal National Mortgage Association, a federally chartered
corporation, organized and existing under the laws of the United
States of America, asks the U.S. District Court for the Northern
District of California to appoint Jacqueline Kimaz of the Madison
Real Estate Group as receiver for Urbancore Preservation - Redwood,
LP, a California limited liability company, and DOES 1 through 10,
inclusive.
A hearing on the request is set for January 15, 2026, at 1:30 p.m.,
in Oakland, California.
Fannie Mae wants Ms. Kimaz as receiver to take possession and
control of the property located at 1848, 1852, 1856, 1860 E. 25th
Street, Oakland, California 94606. Fannie Mae asks the Court to
authorize the Proposed Receiver to:
(a) protect, preserve, secure, manage, and operate the
Property
(b) collect the rents, issues, and profits of the Property;
and
(c) take all other actions and exercise the authority outlined
in the Order Appointing Receiver and Order to Show Cause and
Temporary Restraining Order-Rents, Issues, and Profits submitted
concurrently pending a hearing on an Order to Show Cause why
Proposed Receiver's appointment should not be confirmed; and
Fannie Mae seeks the appointment of a receiver to take possession
and control of, and protect its security interests in, the Property
and all existing and future leases, rents, issues, and profits
generated therefrom which, under a Multifamily Deed of Trust,
Assignment of Leases and Rents, Security Agreement and Fixture
Filing, and secure Fannie Mae's $2,531,000 loan to the Borrower.
Fannie Mae contends the appointment is necessary because the
Property and Fannie Mae's interests therein are at imminent risk of
irreparable harm. It explains that the Borrower has caused several
Events of Default under the Loan Documents that it is financially
incapable of, or unwilling to, cure. Such defaults include failing
to maintain the Property in accordance with the Loan Documents,
including but not limited to Article 6 of the Loan Agreement; and
failing to deposit the requisite required funds in the amount of
$318,950 into the Replacement Reserve Account and/or the Repairs
Escrow Account to cover the "Additional Lender Repairs" and
"Additional Lender Replacements," despite Fannie Mae's demand for
the deposit and granting of ample time for Borrower to accede to
the demand.
In addition to its monetary defaults, the Borrower has allowed the
Property to fall into disrepair, failing to meet its obligation to
maintain the Property in good and marketable condition. On February
20, 2025, a Property Condition Assessment Report revealed the poor
condition of the Property due to the Borrower's lack of routine
maintenance. The Borrower was given notice to remediate the
deteriorating conditions on the Property with the delivery of the
Property Condition Assessment Report, and failed to remediate a
substantial amount of the defective conditions, as detailed in the
Repair Verification Inspection Report dated September 19, 2025,
which confirmed that only $29,900 of the $318,950 in required
repairs had been completed, leaving $289,050 outstanding.
These reports show that the Property remains in poor condition,
including but not limited to these conditions:
(1) structural integrity and seismic issues for the apartment
buildings on the Property,
(2) use of outdated Zinsco electrical systems posing fire
hazards,
(3) use of a fire alarm system that has not been properly
inspected; and
(4) presence of suspect mold due to water damage
These conditions endanger the life, limb, health, property, safety
and/or welfare of its occupants and/or the public, requiring
immediate remediation.
Fannie Mae also notes the Loan Documents clearly state that upon an
Event of Default, Fannie Mae has the right to seek the appointment
of a receiver. In aid of such an appointment, the Loan Documents
also require the Borrower to comply with the receiver's demand to
turn over possession and control of, and quit, the Property.
About Urbancore Preservation-Redwood LP
Urbancore Preservation-Redwood LP is a California limited liability
company focused on revitalizing urban neighborhoods through
innovative, sustainable real estate solutions. It owns the
property located at 1848, 1852, 1856, 1860 E. 25th Street, Oakland,
California 94606.
Urbancore is facing a receivership case captioned as, Federal
National Mortgage Association aka Fannie Mae v. Urbancore
Preservation-Redwood LP, Case No. 4:25-cv-09044 (N.D. Calif.),
before the Hon. Kandis A. Westmore. The case was filed on Oct. 21,
2025.
Attorneys for Fannie Mae:
Phillip Babich, Esq.
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Tel: (415) 543 8700
Fax: (415) 391 8269
Email: pbabich@reedsmith.com
- and -
Marsha A. Houston, Esq.
Alexis A. Rochlin, Esq.
REED SMITH LLP
515 S. Flower Street, Suite 4300
Los Angeles, CA 90071-1514
Tel: (213) 457 8000
Fax: (213) 457 8080
Email: mhouston@reedsmith.com
arochlin@reedsmith.com
US FERTILITY: Moody's Affirms B2 CFR & Rates New First Lien Debt B2
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Moody's Ratings affirmed US Fertility Enterprises, LLC's (US
Fertility) corporate family rating at B2 and probability of default
rating at B2-PD. Moody's also assigned B2 instrument-level ratings
to the company's proposed senior secured first lien bank credit
facilities, including the revolving credit facility, term loan B,
and delayed draw term loan. The outlook is stable.
Proceeds from the new debt, along with new cash and rollover
equity, will be used to finance sponsor L Catterton's
investment in US Fertility, to fund an acquisition and to refinance
US Fertility's existing debt. The B2 ratings on US Fertility's
existing backed senior secured bank credit facilities, including
the revolving credit facility, term loan B, and delayed draw term
loan remain unchanged and will be withdrawn upon the close of the
transaction as Moody's expects them to be fully repaid.
The ratings affirmation reflects Moody's views that, despite the
transaction increasing absolute debt levels, US Fertility's strong
operating performance will support leverage reduction toward 5.5x
over the next 12 to 18 months.
A comprehensive review of all credit ratings for the respective
issuer(s) has been conducted during a rating committee.
RATINGS RATIONALE
US Fertility's B2 CFR reflects the company's leading position in
the assisted reproductive technologies (ART) industry in the US,
with a focus on in-vitro fertilization (IVF). The company has a
diversified nationwide clinical network and vertical integration
with IVF labs, which provide core IVF services, tissue storage and
genetic testing. The company has a network of highly regarded IVF
practices with leading positions in key metropolitan areas. Moody's
expects continued strong organic growth of IVF, driven by
demographic and societal trends.
The rating is constrained by exposure to regulatory risks,
including the potential for legislative and legal issues in a small
number of states that could impact the availability of IVF
services. The rating also reflects the company's high closing
leverage at 6.1x as of LTM September 30, 2025, pro forma for the
transaction, which Moody's expects to decline toward 5.5x over the
next 12 to 18 months. Moody's expects the company to continue to
supplement organic growth with acquisitions.
Moody's expects US Fertility to maintain good liquidity over the
next 12 to 18 months. Moody's forecasts that the company will
generate free cash flow in 2026, supported by significantly lower
earnout payments relative to 2025. US Fertility's liquidity profile
is further supported by a new $120 million revolving credit
facility that is expected to be undrawn as of the close of the
transaction. The company will also have access to a $125 million
delayed draw term loan facility that will be undrawn as of the
close of the transaction. Moody's expects US Fertility to have $20
million of cash on its balance sheet at the close of the proposed
refinancing. Alternative sources of liquidity are limited as
substantially all assets are pledged.
The stable outlook reflects Moody's expectations that US
Fertility's solid operating performance will continue over the next
12 to 18 months, driven by continued high demand for IVF services.
Moody's expects the company will maintain good liquidity and
earnings growth will drive moderate deleveraging over the forecast
period.
The B2 rating on the senior secured credit facilities reflects
their senior secured interest in substantially all assets of the
borrower and the fact that the secured debt is the sole financial
debt within the company's capital structure.
Marketing terms for the new credit facilities (final terms may
differ materially) include the following:
Incremental pari passu debt capacity up to the greater of $165
million and 100% of Consolidated EBITDA, plus unused amounts from
the builder basket, the general restricted payments basket and the
general debt basket, plus unlimited amounts subject to the greater
of 5.00x First Lien Leverage Ratio or leverage neutral incurrence.
There is an inside maturity sublimit up to the greater of $330
million and 200% of Consolidated EBITDA, plus any debt incurred to
finance an acquisition or investment.
There are no "blocker" provisions which prohibit the transfer of
specified assets to unrestricted subsidiaries.
There are no protective provisions restricting an up-tiering
transaction.
Amounts up to 100% of unused capacity from the builder basket, any
restricted payment baskets, and any investment baskets may be
reallocated to incur debt.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if US Fertility demonstrates
sustainable organic earnings growth with a successful integration
of its recent acquisition. An upgrade would be dependent on a
substantial increase in the company's absolute scale. Additionally,
an upgrade would require US Fertility to maintain good liquidity,
evidenced by consistent positive annual free cash flow.
Quantitatively, if debt/EBITDA is sustained below 5x, ratings could
be upgraded.
The ratings could be downgraded if operating results are weaker
than Moody's expectations. The ratings could also be downgraded if
regulatory risks to IVF services increase in states in which US
Fertility operates. Finally, if debt/EBITDA is sustained above 6x
or if liquidity declines, including weaker than expected free cash
flow, the ratings could be downgraded.
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.
US Fertility operates a leading network of fertility clinics in the
US, supporting more than 200 physicians in 121 locations with
practice and laboratory management, research, innovation and
education. Clinics within the network provide fertility services
including IVF, genetic testing and tissue storage. Pro forma for
the acquisition of Fairfax, US Fertility generated about $900
million in revenue for the twelve months ended September 30, 2025.
US MAGNESIUM: Creditors Urge Court to Reject $10MM Chapter 11 Loan
------------------------------------------------------------------
Clara Geoghegan of Law360 reports that US Magnesium's unsecured
creditors committee has renewed its request that a Delaware
bankruptcy judge deny final approval for the company's $10 million
Chapter 11 loan. The committee argued that the proposed financing
disproportionately favors US Magnesium's secured lenders and parent
company, offering little benefit to the broader pool of unsecured
creditors.
The committee emphasized that approving the loan could undermine
the equitable treatment of unsecured creditors and limit their
potential recoveries in the bankruptcy case. The objection signals
continued tension between the debtor's management and the committee
over how the restructuring should be financed and structured, the
report states.
About US Magnesium LLC
US Magnesium LLC is a magnesium producer based in Salt Lake City,
Utah.
US Magnesium LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11696) on September 10,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Judge Brendan Linehan Shannon oversees the case.
The Debtor tapped Michael Busenkell, Esq., at Gellert Seitz
Busenkell & Brown, LLC as counsel; Carl Marks Advisory Group LLC as
restructuring advisor; and SSG Advisors, LLC as investment banker.
Stretto, Inc. is the Debtor's claims and noticing agent.
VENTURE GLOBAL: S&P Assigns Prelim 'BB+' Rating on Secured Notes
----------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' preliminary rating and '3'
preliminary recovery rating to Venture Global Plaquemines LNG LLC's
$1.0 billion senior secured notes due 2030 and $1.0 billion senior
secured notes due 2034.
The notes are rated under our project finance criteria, and the
rating is determined by the stand-alone credit profile (SACP) of
the construction or operating phases of the project--whichever is
lower.
S&P based the rating on the SACP of the construction phase, which
benefits from an advanced stage of construction that reduces the
risk of delays and cost overruns.
The stable outlook reflects its expectation that the project's
construction will proceed on time and on budget with phase 2
anticipated to enter operations in mid-2027.
Venture Global Plaquemines LNG LLC (VGPL or the project) consists
of a natural gas liquefaction and export facility in Plaquemines
Parish, La., and the associated Gator Express Pipeline for natural
gas supply to the project. Venture Global LNG Inc. (VGLNG;
BB-/Negative/--) has developed and commercialized the project in
two phases. The first phase consists of the pipelines, equipment,
and facilities to support liquefied natural gas (LNG) production of
13.3 million tons per annum (MTPA). Phase 2 consists of the
facilities to support incremental production of 6.7 MTPA. When both
phases are complete, the project will have an aggregate nameplate
capacity of 20 MTPA and will consist of 36 liquefaction train
modules, four LNG storage tanks, six pretreatment systems, three
loading berths, two 720 megawatt combined-cycle power plants, a
marine offloading facility, and the pipeline.
Construction risk has largely been mitigated based on the advanced
stage of construction. The project experienced some early
construction delays with respect to its power island and
pretreatment modules. However, the project sponsor descoped some of
the work under the existing construction contracts and took direct
responsibility for this work. This ensured that the project had
sufficient temporary power to allow construction and commissioning
to continue. In addition, work on the pretreatment modules has
accelerated through the sponsor's intervention to mitigate further
delays. The incremental cost of this work was funded with further
equity injections from the sponsor and income produced from
commissioning cargos.
At this stage, the project benefits from the building program being
very advanced with relatively small amounts of capex remaining. The
project is producing cash flow from 34 of 36 trains, which provides
a significant source of funds to complete the project and provide
additional equity should any further problems arise. In addition,
the project uses the same technology and design as its sister
project, Venture Global Calcasieu Pass LLC (VGCP), which entered
commercial operations April 15, 2025.
The project has a high level of contractedness with strong
counterparties. The project is supported by 20-year contracts on
19.7 MTPA with a shorter-term contract for the remaining 300,000
MTPA. All contracts contain a lifting fee, which consists of a
fixed percentage above Henry Hub as well as a fixed capacity fee.
The fixed capacity fee is payable regardless of whether cargos are
lifted. This contractual structure creates a highly resilient
long-term cash flow. In addition, the project entered into
short-term contracts for a portion of the cargos that will be
lifted during the commissioning process. Cash flow resiliency is
further supported by the underlying credit strength of the revenue
offtakers. The weighted-average credit assessment of the revenue
offtakers is 'A-'.
Potential for excess capacity could enhance cash flow. The project
has a total nameplate capacity of 20 MTPA, although it has a
guaranteed capacity of 22.5 MTPA. The sponsors said that based on
design enhancements made since VGCP was built, the plant will be
able to support higher production. Performance to date suggests
that production could be 28 MTPA or higher. The project has entered
into sales and purchase agreements with Venture Global Commodities
LLC, a wholly owned subsidiary of VGLNG, for any production above
20 MTPA. S&P said, "Based on performance to date, we have modeled
excess capacity of 4 MTPA above the nameplate capacity of 20 MTPA.
This amount represents the incremental capacity that has been fully
approved and which the independent engineer has indicated is
supported by production to date. We note that the independent
engineer has indicated that the plant can produce 28 MTPA on a
sustainable basis. Overall, the strong contractual framework, along
with the potential for incremental revenue from excess capacity,
creates robust cash flow."
S&P said, "The stable outlook considers both the construction and
operating risk of the project. Construction is significantly
advanced, which we have incorporated into our rating analysis. The
project benefits from proven technology and design. In addition,
once the project is completed, cash flow will be robust and
supported by a strong contractual foundation with predominantly
investment-grade counterparties.
"We could take a negative rating action if the project experiences
unforeseen delays that threaten the scheduled substantial
completion date such that costs increase beyond the mitigations
provided in the project forecast.
"We are unlikely to raise the rating during construction. We could
take a positive rating action around the time commercial operation
starts if forecast cash flow is such that the minimum DSCR is at or
above 1.25x."
VENUS CONCEPT: Madryn Agrees to Relax Minimum Liquidity Covenant
----------------------------------------------------------------
Venus Concept Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that on November 30, 2025,
the Company, Venus Concept USA, Inc., a wholly-owned subsidiary of
the Company, Venus Concept Canada Corp., a wholly-owned Canadian
subsidiary of the Company, and Venus Concept Ltd., a wholly-owned
Israeli subsidiary of the Company, entered into a Consent Agreement
with Madryn Health Partners, LP and Madryn Health Partners (Cayman
Master), LP.
The Consent Agreement granted relief under the Loan and Security
Agreement (Main Street Priority Loan), dated December 8, 2020,
among the Lenders, as lenders, and Venus USA, as borrower, such
that:
(i) certain minimum liquidity requirements under the MSLP Loan
Agreement are waived through December 31, 2025, and
(ii) Venus USA is permitted to apply the December 8, 2025 cash
interest payment due under each Note (as defined in the Consent
Agreement) to the respective outstanding principal balance of each
Note.
A full-text copy of the Consent Agreement is available at
https://tinyurl.com/2aa8757s
Twenty Second Bridge Loan Amendment
On November 30, 2025, the Loan Parties entered into a Twenty Second
Bridge Loan Amendment Agreement with the Lenders.
The Twenty Second Bridge Loan Amendment amended that certain Loan
and Security Agreement, dated April 23, 2024, among Venus USA, as
borrower, the Company, Venus Canada and Venus Israel, as
guarantors, and the Lenders, as lenders, such that:
(i) the maturity date of the Bridge Loan is extended from
November 30, 2025 to December 31, 2025, and
(ii) certain minimum liquidity requirements under Loan and
Security Agreement are waived through December 31, 2025.
A full-text copy of the Twenty Second Bridge Loan Amendment is
available at https://tinyurl.com/r723ep7a
Fourteenth Delayed Drawdown
As previously disclosed, on April 23, 2024, the Company, Venus USA,
Venus Canada, and Venus Israel, entered into a Loan and Security
Agreement, with the Lenders and Madryn, as administrative agent.
Pursuant to the Loan and Security Agreement (as amended), the
Lenders agreed to provide the Borrower with bridge financing in the
form of a term loan in one or more draws in an aggregate principal
amount of up to $5,000,000 which amount was subsequently increased
to $28,237,906.85. Borrowings under the Bridge Financing will bear
interest at a rate per annum equal to 12%.
On the maturity date of the Bridge Financing, the Loan Parties are
obligated to make a payment equal to all unpaid principal and
accrued interest. The Loan and Security Agreement also provides
that all present and future indebtedness and the obligations of the
Borrower to Madryn shall be secured by a priority security interest
in all real and personal property collateral of the Loan Parties.
The initial drawdown under the Loan and Security Agreement occurred
on April 23, 2024, when the Lenders agreed to provide the Borrower
with bridge financing in the form of a term loan in the principal
amount of $2,237,906.85.
The second drawdown under the Loan and Security Agreement occurred
on July 26, 2024, when the Lenders agreed to provide the Borrower
with a subsequent drawdown under the Loan and Security Agreement in
the principal amount of $1,000,000.
The third drawdown under the Loan and Security Agreement occurred
on September 11, 2024, when the Lenders agreed to provide the
Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $1,000,000.
The fourth drawdown under the Loan and Security Agreement occurred
on November 1, 2024, when the Lenders agreed to provide the
Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $1,000,000.
The fifth drawdown under the Loan and Security Agreement occurred
on November 26, 2024, when the Lenders agreed to provide the
Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $1,200,000.
The sixth drawdown under the Loan and Security Agreement occurred
on December 9, 2024, when the Lenders agreed to provide the
Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $1,500,000.
The seventh drawdown under the Loan and Security Agreement occurred
on January 27, 2025, when the Lenders agreed to provide the
Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $3,000,000.
The eighth drawdown under the Loan and Security Agreement occurred
on February 21, 2025, when the Lenders agreed to provide the
Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $2,300,000.
The ninth drawdown under the Loan and Security Agreement occurred
on April 4, 2025, when the Lenders agreed to provide the Borrower
with a subsequent drawdown under the Loan and Security Agreement in
the principal amount of $2,000,000.
The tenth drawdown under the Loan and Security Agreement occurred
on May 22, 2025, when the Lenders agreed to provide the Borrower
with a subsequent drawdown under the Loan and Security Agreement in
the principal amount of $2,000,000.
The eleventh drawdown under the Loan and Security Agreement
occurred on July 21, 2025, when the Lenders agreed to provide the
Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $2,000,000.
The twelfth drawdown under the Loan and Security Agreement occurred
on August 21, 2025, when the Lenders agreed to provide the Borrower
with a subsequent drawdown under the Loan and Security Agreement in
the principal amount of $2,000,000.
The thirteenth drawdown under the Loan and Security Agreement
occurred on September 19, 2025, when the Lenders agreed to provide
the Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $2,000,000.
The fourteenth drawdown under the Loan and Security Agreement
occurred on October 28, 2025, when the Lenders agreed to provide
the Borrower with a subsequent drawdown under the Loan and Security
Agreement in the principal amount of $2,000,000.
On November 25, 2025, the Lenders agreed to provide the Borrower
with a subsequent drawdown under the Loan and Security Agreement in
the principal amount of $1,500,000.
The Fourteenth Delayed Drawdown was funded on November 25, 2025.
The Company expects to use the proceeds of the Fourteenth Delayed
Drawdown, after payment of transaction expenses, for general
working capital purposes.
About Venus Concept
Toronto, Ontario-based Venus Concept Inc. is an innovative global
medical technology company that develops, commercializes, and
delivers minimally invasive and non-invasive medical aesthetic and
hair restoration technologies and related services. The Company's
systems have been designed on cost-effective, proprietary, and
flexible platforms that enable the Company to expand beyond the
aesthetic industry's traditional markets of dermatology and plastic
surgery, and into non-traditional markets, including family
medicine and general practitioners and aesthetic medical spas.
Mississauga, Canada-based MNP LLP, the Company's auditor since
2019, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has reported recurring net losses and negative cash flows from
operations, which raises substantial doubt about its ability to
continue as a going concern.
As of June 30, 2025, the Company had $63.09 million in total
assets, $60.31 million in total liabilities, and $2.33 million in
total stockholders' equity.
VILLAGE HOMES: Court OKs VWP Property Sale to Karin Sommers
-----------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Texas, Fort
Worth Division, has permitted Village Homes LP to sell Property,
free and clear of liens, claims, interests, and encumbrances.
The Debtor is a Texas limited partnership formed in 1996. The
Debtor's general partner is DH Management, Inc., a Texas
corporation, which holds a 1% general partner interest. The Debtor
has two limited partners: Michael Dike and James R. Harris.
he Debtor is engaged in the construction of single-family homes,
acquisition of lots and options to acquire lots, and in the
marketing and sale of completed homes. The Debtor's properties
(Lots) are located in various subdivisions in Tarrant and Parker
Counties, Texas.
The Debtor's Property is located at 2150 Village Walk Place, Fort
Worth, Texas 76008 (VWP Property).
The Court has authorized the Debtor to sell the VWP Property to
Karin Sommers for the purchase priced of $405,000.
The VWP Property shall be sold free and clear of liens, claims and
interest of Huntington Bank with such liens, claims, and interest
to attach to the proceeds of the sale.
At the closing, the closing agent is authorized to distribute the
sales proceeds to: (a) payment of normal and customary costs of
sale, including commission, title fees, and the Debtor’s portion
of the prorated taxes assessed against the VWP Property; and (b)
payment to Huntingt on Bank of the Release Price for the VWP
Property.
The Buyer of the VWP Property, as identified in the VWP Agreement,
is not an "insider" of the Debtor.
The Buyer of the VWP Property is purchasing the VWP Property in
good faith and is a good faith purchaser.
About Village Homes for Fort Worth
Village Homes for Fort Worth was established in 1996 and has grown
into a trusted homebuilder in Fort Worth, Texas, known for its
inspired designs and dedication to quality. With almost three
decades of experience, the company has fulfilled the dreams of over
1,500 homeowners while collaborating closely with the region's top
architects, craftsmen, and vendors.
KC 117 LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D.Tex. Case No. 25-43782-mxm) on
October 1, 2025.
Jeff P. Prostok at Vartabedian Hester & Haynes LLP, represents as
legal counsel of the Debtor.
VILLAGE HOMES: To Sell Sunset Lane Property to Garrett Cesander
---------------------------------------------------------------
Village Homes, L.P., seeks approval from the U.S. Bankruptcy Court
for the Northern District of Texas, Fort Worth Division, to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor is a Texas limited partnership formed in 1996. The
Debtor's general partner is DH Management, Inc., a Texas
corporation, which holds a 1% general partner interest. The Debtor
has two limited partners: Michael Dike and James R. Harris.
The Debtor is engaged in the construction of single-family homes,
acquisition of single-family residential lots and options to
acquire lots, and in the marketing and sale of the completed homes.
The Debtor's real properties are located in various subdivisions in
Tarrant and Parker Counties, Texas.
To finance its homebuilding operations, the Debtor maintains
various credit and borrowing facilities, including Simmons Bank.
The Lenders are granted liens in the Lots for which they make
advances for the acquisition thereof or for construction of homes
thereon, or both. The Existing Credit Facilities presently in place
ensure that no two Lenders advance funds secured by the same Lots.
Thus, as between the Lenders, there are no concerns of competing
liens on each Lender's collateral.
In October 2024, the Debtor entered into a Real Estate Sales
Contract with Olerio Development, LLC, now known as VilHom FW
Holdings, LLC.
VilHom was to close the Asset Sale Transaction by the end of
February 2025, but VilHom failed to close. As a result, on March 7,
2025, the Debtor terminated the Contract in writing and delivered
the termination to VilHom's counsel. A few days later, the Debtor
received an email from VilHom’s counsel disputing the
effectiveness of the Debtor’s termination. VilHom also threatened
to sue the Debtor and file notices of lis pendens.
The Debtor maintains that VilHom defaulted under the Contract and
the Debtor validly terminated the Contract before the Petition
Date. As a result, VilHom has no rights or claims to the Contract
Lots or against the Debtor’s estate.
The Debtor entered into a New Home Contract (Sunset Agreement) with
a prospective buyer for the sale of an almost-completed town home
with an address of 402 Sunset Lane, Fort Worth, Texas 76114.
The Buyer, Garrett Cesander, under the Sunset Agreement is not an
insider of the Debtor and is
purchasing the Sunset Property in good faith and is entitled to the
full protection of section 363(m). The purchase price is $103,750.
The Sunset Property is one of the Contract Lots subject to the Lis
Pendens. As a result, the Buyer conditioned the effectiveness of
the Sunset Agreement expressly upon the Debtor obtaining an order
from the Court approving the Proposed Transaction pursuant to the
terms of the Sunset Agreement, and providing that the Sunset
Property shall be sold free and clear of "liens and lis penden"
save and except the permitted encumbrances specified in the Sunset
Agreement.
The Debtor proposes to sell the Sunset Property free and clear of
the lien asserted by Simmons Bank.
Simmons Bank does not oppose the sale of the Sunset Property and is
not opposed to its liens attaching to the proceeds of the sale.
The Debtor seeks the authority to allow the closing agent, at
closing of the sale of the Sunset Property, to pay Simmons Bank the
Release Price in exchange for the bank's release of its lien on the
Sunset Property.
The Debtor also seeks leave for the title company to distribute the
sale proceeds to pay the ordinary and necessary costs of sale,
including commissions, tax prorations, make-ready costs, and
homeowners’ warranty premium costs.
About About Village Homes for Fort Worth
Village Homes for Fort Worth was established in 1996 and has grown
into a trusted homebuilder in Fort Worth, Texas, known for its
inspired designs and dedication to quality. With almost three
decades of experience, the company has fulfilled the dreams of over
1,500 homeowners while collaborating closely with the region's top
architects, craftsmen, and vendors.
KC 117 LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D.Tex. Case No. 25-43782-mxm) on
October 1, 2025.
Jeff P. Prostok at Vartabedian Hester & Haynes LLP, represents as
legal counsel of the Debtor.
VIVAKOR INC: Grants Series A Holders 35% Voting Rights
------------------------------------------------------
Vivakor, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that on November 25, 2025, the
Company entered into a Debt Satisfaction and Preferred Stock
Amendment Agreement, under which the holders of the Company's
Series A Preferred Stock agreed to forgo their rights to the Series
A Preferred Stock 6% annual dividend from April 30, 2026 to April
29, 2027 in exchange for the Company agreeing to amend the Series A
Preferred Stock Certificate of Designation to add voting rights to
the rights and preferences of the Series A Preferred Stock.
In addition, James Ballengee, the Company's Chief Executive Officer
and a member of the Board of Directors, agreed to extinguish the
$569,589.04 he is owed under a convertible promissory note as part
of the Series A Preferred Agreement.
As a result of the Series A Preferred Agreement, the holders of the
Series A Preferred own approximately 96,731,000 votes on any
matters properly presented to the Company's shareholders, which
equated to approximately 35% of the Company's outstanding votes as
of the date of the Series A Preferred Agreement.
At the Company's 2025 Annual Meeting of Stockholders held September
11, 2025, a majority of the Company's stockholders approved a
conversion of the Preferred Stock into Common Stock that exceeds
19.99% of the Company's outstanding common stock if the Company's
Board of Directors and executive management elected to convert the
Preferred Stock.
Full text copies of the Series A Preferred Agreement and Amended
and Restated Certificate of Designation are available at
https://tinyurl.com/t2s94f7n and https://tinyurl.com/ycxj5htu,
respectively.
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: Issues 3.6MM Shares for Series A Preferred Dividends
-----------------------------------------------------------------
Vivakor, Inc. on November 26, 2025, it issued an aggregate of
3,616,310 shares of its restricted common stock for dividends owed
on its Series A Preferred Stock for July 31 and October 31, 2025 to
the holders of its Series A Preferred Stock.
Of those shares, an aggregate of 1,889,590 shares were issued to
Jorgan Development, LLC and JBAH Holdings, LLC, entities controlled
by James Ballengee, Chief Executive Officer, or their assignees.
Additionally, on November 26, the Company issued 1,557,808 shares
of its restricted common stock to a consultant under the terms of a
Consulting Agreement.
Furthermore, on the same date, the Company also issued 82,500
shares of restricted common stock to an investor as inducement
shares under a previously disclosed Securities Purchase Agreement.
The issuance of the securities was exempt from registration
pursuant to Section 4(a)(2) of the Securities Act promulgated
thereunder as the holders sophisticated investors and familiar with
our 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.
VSBROOKS INC: Files Emergency Bid to Continue Using Cash Collateral
-------------------------------------------------------------------
VSBROOKS, Inc. asks the U.S. Bankruptcy Court for the Southern
District of Florida, Miami Division, for authority to continue
using cash collateral and provide adequate protection.
The court previously entered an agreed cash collateral order on
November 7, authorizing the Debtor's use of cash collateral
pursuant to an approved budget through December 3 and finding the
secured creditor, City National, adequately protected. Although
that order permits extension of the budget term with the consent of
both City National and the Subchapter V Trustee without further
hearing, City National has advised it does not consent, requiring
the Debtor to seek expedited judicial relief. Because confirmation
of the Debtor's plan has been continued from December 17 to
February 5, 2026, the Debtor asserts it must continue using cash
collateral through that date to maintain operations and preserve
the estate.
The Debtor requests authorization to extend the terms of the agreed
cash collateral order and to continue using cash collateral under a
new budget, which reflects projected revenue from clients such as
Cano Health, Clover Health, MSC Cruises, and Blood Cancer, along
with anticipated monthly operational expenses including payroll,
benefits, overhead, production/media costs, accounting fees, and
loan payments.
A copy of the motion is available at https://urlcurt.com/u?l=NcumUI
from PacerMonitor.com.
About VSBROOKS
Inc.
VSBROOKS Inc., doing business as The 3rd Eye Creative Agency, is a
certified women-owned independent full-service marketing agency in
Miami specializing in health and wellness brands. With more than 25
ears of experience, it focuses on generational healthcare
advertising, women's healthcare initiatives, multicultural audience
engagement and B2B growth within regulatory compliance.
VSBROOKS sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Fla. Case No. 25-18690) on July 29, 2025. In its
petition, the Debtor reported estimated assets between $500,000 and
$1 million and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Laurel M. Isicoff handles the case.
The Debtor is represented by Jacqueline Calderin, Esq. and Robert
P. Charbonneau, Esq. at AGENTIS PLLC.
WELLMADE FLOOR: Plan Exclusivity Period Extended to March 2, 2026
-----------------------------------------------------------------
Judge Sage Sigler of the U.S. Bankruptcy Court for the Northern
District of Georgia extended Wellmade Floor Coverings
International, Inc., and Wellmade Industries MFR NA LLC's exclusive
periods to file a plan of reorganization and obtain acceptance
thereof to March 2, 2026 and May 1, 2026, respectively.
As shared by Troubled Company Reporter, the Debtors explain that
the Chapter 11 Cases are sufficiently complex to warrant the
requested extension of the Exclusive Periods. The Debtors have had
just over three months to progress the Chapter 11 Cases, which is
insufficient time to resolve cases involving contentious and
unresolved litigation, especially a class action suit. Thus, the
Debtors submit that the complexity of the Chapter 11 Cases and the
limited length of time the Cases have been pending weigh in favor
of granting the requested extension of the Exclusive Periods.
Since the Petition Date, the Debtors and their professionals have
focused much of their time, energy, and resources on administering
the Chapter 11 Cases in the ordinary course of business, finalizing
a private sale of substantially all the Debtors' assets, and
negotiating with vendors and other creditors, including the
Committee and other creditors. Extension of the Exclusive Periods
will ensure that the Debtors have a full and fair opportunity to
propose the Disclosure Statement and Plan as necessary without the
distraction, cost, and delay of a competing plan process.
The Debtors claim that granting the requested extensions of the
Exclusive Periods will not pressure their creditor constituencies
or grant the Debtors any unfair bargaining leverage. The Debtors
have no ulterior motive in seeking an extension of the Exclusive
Periods. To the contrary, the Debtors have been in regular
communications with the Committee, the Prepetition Lender, the DIP
Lender, and other creditors, on numerous issues facing their
estates.
Moreover, the Debtors are not seeking an extension to pressure
their creditors to take any action, but only to ensure that the
Debtors can pursue the resolution of the Chapter 11 Cases,
including by proposing, confirming, and consummating a Disclosure
Statement and Plan, free from distraction or competing plan
proposals. Therefore, this factor also weighs in favor of extending
the Exclusive Periods.
Counsel to the Debtors:
John D. Elrod, Esq.
Allison J. McGregor,
Greenberg Traurig, LLP
3333 Piedmont Road NE, Suite 2500
Atlanta, GA 30305
Telephone: 678-553-2259
Facsimile: 678-553-2269
Email: elrodj@gtlaw.com
About Wellmade Floor Coverings
Wellmade Floor Coverings International Inc. is a manufacturer and
distributor of hard-surface flooring products, including bamboo,
hardwood, and vinyl. The privately owned company is based in the
United States, with a manufacturing facility in Cartersville,
Georgia, and sales offices and a warehouse in Portland, Oregon. A
non-debtor affiliate operates in China.
The company and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ga. Lead Case No. 25-58764)
on August 4, 2025. In the petition, it reports estimated assets
between $500 million and $100 million and $50 million.
Honorable Bankruptcy Judge Sage M. Sigler handles the cases.
The Debtors are represented by Greenberg Traurig, LLP. Kurtzman
Carson Consultants, LLC d/b/a Verita Global is the Debtors' claims,
noticing, solicitation and administrative agent.
WFO LLC: Files Amended Plan; Confirmation Hearing January 12, 2026
------------------------------------------------------------------
Mark Andrews, the Chapter 11 Trustee, submitted a Second Amended
Disclosure Statement for the Second Amended Plan of Liquidation for
WFO, LLC dated December 2, 2025.
The Plan proposes, upon confirmation, to place the Estate's assets
into a Liquidating Trust under the control of a Liquidating Trustee
(who will consult with and be advised by a Liquidating Trust
Committee made up of three unsecured creditors' representatives
acting on behalf of Class 4 under the Plan), who will liquidate
post-confirmation the remaining Estate assets and distribute the
funds held by the Liquidating Trust to holders of allowed claims in
the priority governed by the Bankruptcy Code.
The Plan provides a recovery to Allowed Administrative Claims,
Allowed Priority Claims, and Allowed General Unsecured Claims
principally through (i) distribution of the remaining funds held by
the Trustee for the benefit of the Estate from the sale of the
Estate's Concrete Batch Plant; (ii) distribution of the net
proceeds from the sale of certain other real estate assets owned by
the Estate; (iii) distribution of funds, if any, from the
liquidation of certain remaining personal property of the Estate;
and (iv) distribution of funds which are recoveries from claims and
causes of action of the Estate against certain third parties, via
settlement or litigation of same.
The Trustee conducted a sale process for the sale of the concrete
batch plant Assets and successfully closed that transaction.
The Trustee is marketing the remaining real and any personal
property of the Estate which has net value to the Estate. That real
and personal property will either be liquidated by the Trustee
prior to confirmation or will become assets of the Liquidating
Trust for post-confirmation liquidation, with the net proceeds from
same available to satisfy Claims of Creditors.
Like in the prior iteration of the Plan, the Holder of an Allowed
General Unsecured Claim in Class 3 shall receive a ProRata
beneficial interest in the Liquidating Trust and shall be paid its
Pro-Rata share of the Liquidating Trust Funds in accordance with
the Liquidating Trust Agreement and the Plan after full payment of
Allowed Administrative Claims, allowed Priority Tax Claims and the
Claims of any Holders of Claims in Class 1. Class 3 is Impaired.
The allowed unsecured claims total $3.5 to $4.5 million. This Class
will receive a distribution of 20% to 30% (assumes voiding of
alleged Shumate lien on cement batch plant and recovery of $750,000
held in escrow but no other recovery from Shumate Parties).
The Allowed Unsecured Claims of Insiders and Affiliates of the
Debtor shall be deemed disallowed pending the resolution of any
Cause of Action or Claim Objection filed against a Holder of such a
Claim. If such Claim is Allowed, in full and final satisfaction of
such Claim, the Holder shall receive a beneficial interest in the
Liquidating Trust and shall be paid its Pro-Rata share of the
Liquidating Trust Funds in accordance with the Liquidating Trust
Agreement and the Final Order allowing such Claim (that may provide
for the subordination of such Claim), after full payment of Allowed
Administrative Claims, Allowed Priority Tax claims, and Class 1 and
3 Claims.
All Class 4 Equity Interests (consisting of any and all member
interests in the Debtor) shall be cancelled and deemed of no
further force and effect upon the Effective Date. Holders of Equity
Interests in the Debtor shall not retain nor receive any property
or distribution under the Plan. Equity Interest Holders are
impaired, do not vote on the Plan, and are deemed to reject the
Plan.
On the Effective Date, a Liquidating Trust will be created pursuant
to the Liquidating Trust Agreement to liquidate all Liquidating
Trust Assets, to pursue all Causes of Action, and to make all
Distributions to Holders of Allowed Claims as required by the
Plan.
On the Effective Date, the Liquidating Trust Assets will be
transferred to the Liquidating Trust. The Plan will be funded by
the Cash on hand on the Effective Date, recoveries from the
liquidation of any real or personal property of the Estate, and any
recoveries from Causes of Action of the Estate (including
Litigation Claims), as well as the proceeds of the foregoing.
The initial Liquidating Trustee will be Mark Andrews, who is a
principal of Trinity River Advisors, LLC. Mr. Andrews will be
deemed appointed on the Effective Date, without further motion,
application, notice, hearing or other order of the Court. Any and
all authority, power, and standing shall be transferred to and
assumed by the Liquidating Trustee. Mr. Andrews will be compensated
as set forth in the Liquidating Trust Agreement.
To be counted, ballots must be fully completed, executed and
actually received by Martin Zacarias, Trinity River Advisors, LLC,
8080 North Central Expressway, 17th Floor, Suite 1729, Dallas,
Texas 75206 (the "Tabulation Agent") or via electronic mail sent to
martin@trinityriveradvisors.com no later than 5:00 P.M. CST on
January 2, 2026 (the "Voting Deadline").
Pursuant to section 1128(a) of the Bankruptcy Code, a hearing to
consider confirmation of the Plan (the "Confirmation Hearing") has
been scheduled to commence on January 12, 2026 at 10:00 A.M. CST,
before the Honorable Craig A. Gargotta, Chief United States
Bankruptcy Judge, in the United States Bankruptcy Court for the
Western District of Texas, San Antonio Division, at the Hipolito F.
Garcia Federal Building and United States Courthouse, 615 E.
Houston Street, Courtroom #3, 5th Floor, San Antonio, Texas 78205.
Section 1128(b) of the Bankruptcy Code provides that any party in
interest may object to confirmation of a chapter 11 plan. The
Bankruptcy Court has directed that objections, if any, to
confirmation of the Plan be filed no later than 5:00 P.M. CST on
January 2, 2026 (the "Confirmation Objection Deadline").
A full-text copy of the Second Amended Disclosure Statement dated
December 2, 2025 is available at https://urlcurt.com/u?l=ze5yP5
from PacerMonitor.com at no charge.
Counsel for Mark Andrews, Chapter 11 Trustee:
Patrick Kelley, Esq.
Patrick Kelley, PLLC
112 E. Line Street, Suite 203
Tyler, TX 75702
Telephone: (903) 630-5151
Facsimile: (903) 630-5760
Email: pat@patkelleylaw.com
Counsel for Mark Andrews, Chapter 11 Trustee:
Andrew George Sherwood, Esq.
Danielle R. Behrends, Esq.
Dykema Gossett, PLLC
112 E. Pecan Street, Suite 1800
San Antonio, TX 78205
Phone: (210) 554-5466
Email: ASherwood@dykema.com
About WFO, LLC
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. W.D. Tex. Case No. 24-50824) on May 6,
2024. In the petition signed by Frank Shumate, president, the
Debtor disclosed up to $50,000 in assets and up to $10 million in
liabilities.
Judge Craig A. Gargotta oversees the case.
The Debtor tapped James S. Wilkins, PC, as counsel, and Trinity
River Advisors, LLC as accountant.
WHITE ROCK: Gets Interim OK to Use Cash Collateral Until Dec. 18
----------------------------------------------------------------
White Rock Construction Services, LLC received interim approval
from the U.S. Bankruptcy Court for the Western District of Texas,
San Antonio Division, to use cash collateral.
The court authorized the Debtor to use cash collateral for the
period from November 25 to December 18 to pay the expenses set
forth in its budget, with a 10% variance except that insider
salaries require prior approval for any variance.
As adequate protection, Frost Bank and the merchant cash advance
lenders will be granted replacement liens co-extensive with their
pre-bankruptcy liens.
A final hearing set for December 18.
The interim order is available at https://is.gd/GZWyER from
PacerMonitor.com.
White Rock suffered substantial financial losses from a $1.4
million charter school project in 2024 due to schedule delays, cost
overruns, and material price increases, totaling over $300,000 in
losses. Subsequent revenue shortfalls and delays in project starts
forced the Debtor to take multiple merchant cash advance loans,
straining cash flow and reducing staff.
The Debtor's secured creditors include Frost Bank, holding a
blanket lien of approximately $175,000, and vehicle lenders such as
Ally Auto, along with largely unsecured MCA lenders.
Frost Bank is represented by:
David S. Gragg, Esq.
Langley & Banack Inc.
Trinity Plaza II, Suite 700
745 East Mulberry
San Antonio, TX 78212
Telephone: (210) 736-6600
Telecopier: (210) 735-6889
dgragg@langleybanack.com
About White Rock Construction Services LLC
White Rock Construction Services LLC established in 2021, provides
commercial construction subcontracting services across San Antonio
and Austin, Texas. The Company performs work in selective
demolition, saw-cutting, framing and drywall, concrete, asphalt,
and temporary protection, serving a range of general contractors
and clients. It operates within the construction and specialty
trade contracting industry.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-52853) on November
25, 2025. In the petition signed by Andrew Hutto, manager, the
Debtor disclosed up to $500 million in assets and up to $10 million
in liabilities.
Judge Michael M. Parker oversees the case.
Ronald Smeberg, Esq., at The Smeberg Law Firm, represents the
Debtor as bankruptcy counsel.
WILDEC LLC: Gets Final OK to Use Cash Collateral
------------------------------------------------
Wildec, LLC received final approval from the U.S. Bankruptcy Court
for the Eastern District of Washington to use cash collateral to
fund operations.
The court's final order authorized the Debtor to use cash
collateral to pay the operating expenses set forth in its budget.
As adequate protection, Columbia Bank, a secured creditor, will be
granted first-priority senior replacement security interests in and
liens on its pre-bankruptcy collateral as well as the property
acquired by the Debtor after the petition date similar to the
pre-bankruptcy collateral.
In addition, Columbia Bank will receive payment of $7,111.78 on
December 15, and on January 15, 2026.
A copy of the final order is available at https://shorturl.at/YC0lQ
from PacerMonitor.com.
Wildec intends to use cash collateral, primarily rental income
generated from its commercial property in Everett, Washington.
The Debtor owns a one-story office building leased to Alpine
Cleaning and Restoration, which pays $17,000 monthly rent. Columbia
Bank holds a senior deed of trust and assignment of rents securing
a loan with an unpaid balance of approximately $772,000, while a
junior lienholder, Markel Insurance Company, asserts a $2.8 million
claim but does not have rights to the cash collateral, as its deed
of trust lacks an assignment of rents.
Columbia Bank, as secured creditor, is represented by:
Erich M. Paetsch, Esq.
Saalfeld Griggs PC
P.O. Box 470
Salem, OR 97308–0470
Phone: (503) 399-1070
Fax: (503) 371-2927
epaetsch@sglaw.com
About Wildec LLC
Wildec, LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D. Wash. Case No. 25-01749) on October 2, 2025. In
its petition, the Debtor reports estimated assets between $1
million and $10 million and estimated liabilities between $10
million and $50 million.
Judge Frederick P. Corbit oversees the case.
The Debtor is represented by Lesley D. Bohleber, Esq., at Bush
Kornfeld, LLP.
WORK 'N GEAR: Seeks to Sell Retail Business at Auction
------------------------------------------------------
Work ‘N Gear, LLC seeks approval from the U.S. Bankruptcy Court
for the District of New Jersey, to sell substantially all Assets at
auction, free and clear of liens, claims, interests, and
encumbrances.
On March 7, 2002, Debtor was formed as a limited liability company
in the State of New York. At the time of the Debtor’s filing of
its chapter 11 case, the Debtor was the largest United States
retailer specializing in work apparel, footwear and healthcare
apparel. The Debtor's parent, Work 'N Gear, Inc., is incorporated
in Delaware and has its office in Braintree, MA.
The Debtor currently operates 26 brick and mortar retail stores
located in eight different states, primarily in the Northeastern
and Midwestern United States; operates an online internet retail
store; and operates a 14,000 square foot distribution facility in
Avon, Massachusetts, which serves in-store and online customers.
The Debtor is a privately owned company, with 100% of its
membership interests held by WNG Inc. WNG Inc. is wholly owned by
its sole shareholder, Anthony DiPaolo. DiPaolo also serves as
Debtor's Chief Executive Officer. Debtor does not operate any
subsidiary or affiliate companies.
The Debtor is a retail seller of workplace apparel and footwear, as
well as healthcare scrubs and attire utilized by first responders
and healthcare professionals. Debtor offers over 250 different
items for sale, including their own private label brands, making
Debtor a "one-stop shop" for all workwear apparel and footwear
needs. Debtor's wide assortment of workwear, scrubs, footwear, and
accessories provides consumers with an opportunity to purchase all
their workwear needs in a single location, which is unique to the
workplace apparel market and often serves as a one-stop destination
for its customers.
The locations at which Debtor operates its retail business are not
owned by Debtor.
Debtor leases these properties from various landlords to whom
Debtor must pay monthly rent. At the time of the Debtor's chapter
11 filing, the Debtor employed approximately 154 employees,
consisting of 81 full-time employees and 73 part-time employees.
Prior to the Petition Date, the Debtor engaged KCP Advisory Group,
LLC as financial advisors to assist the Debtor in its restructuring
process.
KCP has conducted extensive due diligence on the Debtor as well as
meetings with the Debtor’s senior management.
KCP, Larry Nusbaum (the Debtor's interim president) and the
Informal Restructuring Professional worked with the Debtor to
identify parties interested in purchasing of the Debtor's assets.
Those parties interfaced with at least two dozen parties where
thirteen of those parties expressed strong interest. At least two
of those parties advised that they anticipate putting in a bid.
Pursuant to the Bidding Procedures, the Debtor proposes to sell,
assign and transfer, convey and deliver the Assets subject to
higher or better offers. The Sale provides that no bulk sales law
or similar laws of any state or other jurisdiction will apply to
the transactions contemplated by the Asset Purchase Agreement.
The Debtor desires to receive the greatest value for its Assets.
The Debtor believes the proposed Bidding Procedures will maximize
the realizable value of the Assets for the benefit of the Debtor's
estate, creditors and other parties-in-interest.
The Bidding Procedures also reflect the Debtor's objective of
conducting an Auction in a controlled, but fair and open, fashion
that promotes interest in the Assets by financially-capable,
motivated bidders who are likely to close a transaction, while
simultaneously discouraging non-serious offers and offers from
persons the Debtor does not believe are sufficiently capable or
likely to actually consummate a transaction.
The Debtor is seeking to sell substantially all of its assets, or
any portion, to the person or entity making the most value
maximizing bid through the process outlined in the Bidding
Procedures.
All Bids must be served upon and actually received by the Debtor,
counsel to the Debtor, financial advisor to the Debtor, counsel to
the DIP Lender, and counsel to the Creditors’ Committee, on or
before 5:00 p.m., prevailing Eastern Time, on January 5, 2026.
Prior to the Auction, the Debtor shall determine in its reasonable
judgment and in consultation with the DIP Lender and the
Creditors’ Committee, which of the Qualified Bids constitutes the
highest or best value to the Debtor.
In the event that the Debtor timely receives one or more Qualified
Bids, the Debtor shall conduct an Auction on January 8, 2026 at
10:00 a.m. prevailing Eastern Time at the offices of A.Y. Strauss
LLC, located at 290 West Mount Pleasant Avenue, Suite 3260,
Livingston, New Jersey 07039.
By establishing a fair, open, and competitive process, the Bidding
Procedures are designed to generate the highest and best offers
available under the tough circumstances and environment the Debtor
faces, and, thus, maximize recoveries for creditors and the estate.
All parties in interest will receive notice of the sale and will be
provided with an opportunity to be heard.
The Debtor shall be responsible for the timely payment of any and
all applicable Cure Amounts. The Successful Bidder is responsible
for providing evidence of "adequate assurance of future
performance" to the extent required in connection with the
assumption and assignment of any Assumed and Assigned Contract.
The Debtor believes that the foregoing notice procedures to the
Bidding Procedures Notice Parties, the Auction and Sale Notice
Parties and other parties in interest is sufficient to provide
effective notice of the Bidding Procedures, the Auction and the
Sale to potentially interested parties in a manner designed to
maximize the chance of obtaining the broadest possible
participation while minimizing the costs to the estate.
.
About Work 'N Gear LLC
Work 'N Gear, LLC is a retail seller of workplace apparel and
footwear, as well as healthcare scrubs and attire utilized by first
responders and healthcare professionals.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. N.J. Case No. 25-17472) on July 16,
2025, with up to $10 million in both assets and liabilities. Larry
Nusbaum, interim president of Work 'N Gear, signed the petition.
Judge Mark Edward Hall oversees the case.
Eric H. Horn, Esq., at A.Y. Strauss, LLC, represents the Debtor as
legal counsel.
WRENCH GROUP: S&P Withdraws 'B-' ICR Following Debt Redemption
--------------------------------------------------------------
S&P Global Ratings withdrew its 'B-' issuer credit rating on Wrench
Group LLC after it repaid its existing debt following a refinancing
transaction. S&P's outlook on the company was negative at the time
of withdrawal. S&P also withdrew its 'B-' issue-level rating and
'3' (50%) recovery rating on its senior secured debt.
YUNHONG GREEN: Appoints Jeffrey Leader as Independent Director
--------------------------------------------------------------
Yunhong Green CTI Ltd. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that on November 25,
2025, the Board of Directors appointed Jeffrey Leader as an
Independent Director.
About Yunhong Green
Barrington, Ill.-based Yunhong Green CTI Ltd develops, produces,
distributes and sells a number of consumer products throughout the
United States and in several other countries, and it produces film
products for commercial and industrial uses in the United States.
The Company's principal lines of products include Novelty Products
consisting principally of foil and latex balloons and related gift
items; and Flexible Films for food and other commercial and
packaging applications.
Boston, Mass.-based Wolf & Company, P.C, the Company's auditor
since 2020, 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 suffered recurring losses from operations and has an
accumulated deficit of $25.9 million for the year ended December
31, 2024. This raises substantial doubt about the Company's ability
to continue as a going concern.
As of September 30, 2025, the Company had $22.2 million in total
assets, $11.6 million in total liabilities, and $10.5 million in
total stockholders' equity.
YVONNE ANN CHMIELOWIEC: Counsel's Interim Fee Application Okayed
----------------------------------------------------------------
Judge Ashley Austin Edwards of the United States Bankruptcy Court
for the Western District of North Carolina approved the application
for allowance of compensation filed by Cole Hayes as counsel for
Debtor Yvonne Ann Chmielowiec.
Hayes is awarded fees in the amount of $21,302.00 and reimbursement
of expenses in the amount of $628.55 on an interim basis.
A copy of the Court's Order dated November 24, 2025, is available
at https://urlcurt.com/u?l=0q5QnL from PacerMonitor.com.
Yvonne Ann Chmielowiec filed a petition under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D.N.C. Case No. 25-30464) on May 6,
2025.
Judge Ashley Austin Edwards presides over the case.
The Debtor is represented by Cole Hayes.
ZEKELMAN INDUSTRIES: Moody's Affirms 'Ba2' CFR, Outlook Stable
--------------------------------------------------------------
Moody's Ratings affirmed Zekelman Industries, Inc.'s ("Zekelman")
Ba2 corporate family rating, its Ba2-PD probability of default
rating and a Ba3 rating of its senior secured term loan B ("TLB").
The outlook is stable.
RATINGS RATIONALE
The rating affirmation reflects Moody's expectations that
Zekelman's operating and financial performance will improve in
FY2026, driven by higher shipments, more favorable conditions in
certain end markets, disciplined cost management and lower capex in
its "Pipe and Tube" segment. This should result in stronger
revenues, EBITDA and cash flows with its credit metrics remaining
commensurate with a Ba2 rating.
Zekelman's Ba2 corporate family rating ("CFR") s supported by its
moderate leverage, ample interest coverage, good liquidity and
leading market position for a number of structural tubing, standard
pipe and electrical conduit products. The rating also factors in
Moody's expectations for its operating performance to remain at
historically robust levels due to rational competitive dynamics
resulting from sector consolidation and its initiatives to improve
its operating efficiencies and cost structure, optimize its
operating footprint and increase market share. The rating also
reflects its moderate size and somewhat limited diversity versus
higher rated companies in the steel products sector, as well as its
sensitivity to fluctuating steel prices and reliance on
nonresidential construction activity, which drives demand for most
of its tubular products. It also considers the competitive markets
in which the company operates and its limited product
differentiation, as well as the risks associated with its Z Modular
business which is making debt funded investments in multi-family
residential properties.
Zekelman's financial performance weakened in FY2025 with a
meaningful decline in EBITDA driven by lower pricing and mix,
higher costs, and market softness. While shipment volumes
increased, product prices weakened, and non-residential
construction activity slowed. These factors, combined with elevated
capital expenditures and increased borrowings to support its Z
Modular business contributed to weaker credit metrics. The company
generated Moody's-adjusted EBITDA of about $454 million versus $710
million in FY2024 as adjusted gross debt increased to $1.55 billion
from about $1.25 billion driven by borrowings under the revolving
credit facility and higher Z Modular loans. As a result, its
adjusted leverage ratio (debt/EBITDA) rose sharply to about 3.5x
from 1.8x in FY2024, while its interest coverage (EBIT/Interest)
weakened to 3.6x from 9.2x. Nevertheless, these ratios remain in
line with the Ba2 corporate family rating.
Moody's expects Zekelman's financial performance to improve in
FY2026 due to increased volumes, a modest recovery in
non-residential construction activity supported in part by lower
interest rates, and more favorable conditions in certain end
markets. Additionally, lower capital spending and limited working
capital investments are anticipated to result in positive free cash
flow. The company will also benefit from reduced Z Modular losses
but borrowings will likely continue to rise in this business.
Moody's estimates the company will generate Moody's adjusted EBITDA
of around $500 million in fiscal 2026 (ends in September 2026).
However, its adjusted leverage ratio will remain around 3.5x,
mainly because of higher Z Modular loans.
The stable outlook incorporates Moody's expectations that
Zekelman's operating performance and credit metrics will moderately
improve over the next 12 to 18 months and remain commensurate with
the current rating. Any increase in the scope of the Z Modular
business including debt funding beyond Moody's current expectations
or investments in non-income producing properties could cause the
outlook to come under downside pressure.
Zekelman has a good liquidity profile with a cash balance of $69
million and ABL revolver borrowing availability of $286 million as
of September 30, 2025. The company had $132 million in borrowings
on its $600 million revolver and about $101 million of letters of
credit issued. The senior secured revolving credit facility matures
in October 2029. The company's ABL has one financial maintenance
covenant, a minimum fixed charge coverage ratio of 1.0x if excess
ABL availability is less than the greater of $50 million or 10% of
the borrowing base. Borrowing availability should remain well above
this covenant threshold. The company's alternate sources of
liquidity are limited since its assets are encumbered.
The Ba3 rating on the company's term loan is one notch below the
CFR which reflects its second priority position on the ABL
collateral, second priority position behind its recourse mortgages,
and priority position with respect to non-recourse mortgages and
unsecured claims. Zekelman's $600 million ABL credit facility has a
first priority pledge on the company's most liquid assets,
inventory and receivables. The term loan is secured by a first lien
on the company's fixed assets and a second priority lien on the ABL
collateral. The term loan is guaranteed by each existing and
subsequently acquired direct or indirect wholly owned domestic
restricted subsidiaries of the borrower, except for Z- Modular
entities, which are no longer a part of the restricted group. The
term loan has no financial maintenance covenants.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
An upgrade of Zekelman's rating could occur if it increases its
scale and diversity, successfully executes the growth of its Z
Modular business and sustains a leverage ratio below 2.5x, an
interest coverage ratio above 5.0x, RCF/Net Debt above 25% and a
good liquidity profile.
A downgrade could be considered should Zekelman's operating results
and credit metrics weaken, or its liquidity position deteriorates.
Downside triggers would include the leverage ratio above 3.5x,
interest coverage ratio below 3.5x and RCF/Net Debt sustained below
15%.
Headquartered in Chicago, Illinois, Zekelman Industries, Inc.
manufactures steel pipe, hollow structural sections (HSS),
electrical conduit and tubular products at twelve manufacturing
facilities in the US and Canada. The company includes the Atlas
Tube, Wheatland, Western Tube & Conduit, Sharon Tube, EXLTUBE and
Picoma brands and has leading market positions in key product areas
including hollow structural sections, standard pipe, electrical
conduit and galvanized mechanical tubing. Its products are sold
principally to steel service centers and plumbing and electrical
distributors. The company is also continuing to develop a new
modular construction business called Z Modular, which purchases
land and constructs and operates multi-family rental properties
using its proprietary VectorBloc system. Zekelman's revenues for
the twelve months ended September 30, 2025 were approximately $3.3
billion.
The principal methodology used in these ratings was Steel published
in September 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
ZION OIL & GAS: Amends Article XI with TBOC Compliance
------------------------------------------------------
Zion Oil and Gas, Inc. disclosed in a regulatory filing that it
amended and restated its bylaws, effective December 1, 2025.
Under Article XI of the Company's Bylaws, the following major
changes were made and second and third paragraphs were added as
follows:
ARTICLE XI – EXCLUSIVE FORUM
Second and third paragraphs added:
Further, Article XI includes a waiver of the right to a jury trial
as provided in Section 2.116 of the TBOC concerning any internal
entity claim as defined by Section 2.115 of the TBOC. A person
asserting an internal entity claim is considered to have been
informed of the waiver of the right to a jury trial contained in
these Bylaws under Article XI and to have knowingly waived the
right in the action if the person:
(1) voted for or affirmatively ratified the governing document
containing the waiver; or
(2) acquired an equity security of Zion Oil & Gas, Inc. or any
predecessor to the Corporation.
Nothing in this section prevents the Corporation from showing that
a person asserting an internal entity claim knowingly and
informedly waived the right to a jury trial by any evidence
satisfactory to the court having jurisdiction, including by the
person's consent or acquiescence to the waiver of a jury trial
contained in these Bylaws.
Furthermore, Article XI includes a mandatory arbitration provision
for claims under the federal and state securities laws of
shareholder claims. The Texas Business Court has jurisdiction to
enforce an arbitration agreement, appoint an arbitrator, or review
an arbitral award, or in other judicial actions authorized by an
arbitration agreement, Civil Practice and Remedies Code Chapter
171. Civil Practice and Remedies Code Chapter 171.002 (d) does not
confer on the business court any new or additional jurisdiction. If
there is a proceeding pending in a Texas Business Court involving
an issue referable to arbitration under these Bylaws to arbitrate,
a party may make an application under subchapter Sec. 171.024 (a)
to that Business Court.
Based upon the recommendation of management, the changes were
approved by the Board of Directors on December 1, 2025.
The effective date of the amendment to the Amended and Restated
Bylaws of Zion Oil & Gas, Inc. is December 1, 2025.
A full-text copy Amended and Restated Bylaws is available
https://tinyurl.com/463c4arr
About Zion Oil
Headquartered in Dallas, Texas, Zion Oil and Gas, Inc. --
http://www.zionoil.com/-- is an oil and gas exploration company
dedicated to exploring for oil and gas onshore in Israel under its
Megiddo Valleys License 434 which covers approximately 75,000
acres.
As of September 30, 2025, the Company had $44.7 million in total
assets, $3 million in total liabilities, and $41.7 million in total
stockholders' equity.
In its report dated March 27, 2025, the Company's auditor, RBSM
LLP, issued a "going concern" qualification citing that the Company
has suffered recurring losses from operations and had an
accumulated deficit that raises substantial doubt about its ability
to continue as a going concern.
*********
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