/raid1/www/Hosts/bankrupt/TCR

/raid1/www/Hosts/bankrupt/TCR_Public/180828.mbx T R O U B L E D C O M P A N Y R E P O R T E R Tuesday, August 28, 2018, Vol. 22, No. 239 Headlines 1141 REALTY: Taps Klestadt Winters as Legal Counsel 1141 REALTY: Taps Omni Management as Administrative Agent 1141 REALTY: Taps Verdolino & Lowey as Accountant 160 ROYAL PALM: Hires Yip Associates as Forensic Accountant 260 SADDLEWOOD: Kumars Buying Novato Property for $1.9 Million 3601 CROSSROADS: Resolution of Claim #5 Delays Filing of Plan 803-805 EAST 182: Seeks to Hire Carlos J. Cuevas as Attorney ABE'S BOAT RENTALS: Hires Perry H. Beebe as Marine Surveyor ACTIVECARE INC: Committee Taps RSR Consulting as Financial Advisor ACTIVECARE INC: Taps Gavin/Solmonese as Financial and Sale Advisor AHMAD WALI MAILATYAR: New River Homestead Exemption Not Valid ALSTRAW ENTERPRISES: Eubanks Buying Coin Laundries for $160K ARCON PROPERTIES: Sept. 20 Amended Disclosures Hearing Set AVIATION ENGINEERING: Taps Atty. David Tong as Expert Witness BAMBI HERRERA-EDWARDS: Ruling in Favor of BEC, et al., Affirmed BIOCLINICA HOLDING I: Moody's Cuts CFR to Caa1, Outlook Negative BISHOP GORMAN: New Plan Includes Settlement Agreement with JATCO BORINQUEN ANESTHESIA: Sept. 11 Plan and Disclosures Hearing BRANDENBURG FAMILY: Skipton Buying Jefferson Property for $800K BROOKSTONE HOLDINGS: Sets Bidding Procedures for All Assets BUCK LEON HAMMERS: Court Grants NLCC Bid to Lift Automatic Stay CARITAS INVESTMENT: Disclosure Statement Hearing Set for Sept. 11 CARL WEBER: Exclusive Plan Filing Period Extended Until Sept. 14 CAROL LLOYD: Hires Lefkovitz & Lefkovitz as Attorney CAROL ROSE: Final Adjudication of Litigation Delays Plan CENTRO CRISTIANO: Exit Plan to Pay $13,200 to Unsecured Creditors CH HOLD: Moody's Affirms B2 CFR & B2-PD PDR, Outlook Stable CHOICE HOTELS: S&P Places 'BB+' Issuer Credit Rating on Watch Pos. CLAIRE'S STORES: Plan Filing Exclusivity Extended Until Oct. 15 CM RESORT MANAGEMENT: Voluntary Chapter 11 Case Summary CONDUENT INC: S&P Affirms BB Issuer Credit Rating, Outlook Stable CONTINENTAL EXPLORATION: Trustee Selling Interest in Oil/Gas Wells CTON CORPORATION: Hires ShemanoLaw as Bankruptcy Counsel CYPRESS URGENT: Hires McClelland Advocacy as Special Counsel DANIELA MARIA ROSA: Court Narrows Claims in Suit vs Wells Fargo DDC GROUP: Hires Unchained Financial as Outside Accountant DELUXE ENTERTAINMENT: S&P Places 'B-' ICR on CreditWatch Negative DOUGLAS JEFFERIES: Court Rejects Bid to Impose Automatic Stay DOWNSTREAM DEVELOPMENT: S&P Affirms B ICR & Alters Outlook to Neg. DYNAMIC INTERNATIONAL: Bankr. Court Dismisses Port Authority's Suit EDEN HOME: Selling Two Buses for $4.7K ENERGY FUTURE: Dismissal of MAML, et al., Suit vs Lenders Upheld ENTRANIA SPRINGS: Hires Swindell Law as Special Counsel EQUINOX HOME: Taps Harlow Adams as Legal Counsel F-SQUARED INVESTMENT: Price's Bid to Junk Trustee Suits Nixed FALLS AT ELK GROVE: Hires Ray Quinne as Bankruptcy Counsel FHH PROPERTIES: Chapter 11 Trustee's Amended Disclosures Okayed FIRESTAR DIAMOND: US Cos. Linked to Indian Bank Scam, Examiner Says FISKER AUTOMOTIVE: KPC&B, R. Lane Allowed to Maintain Counsel FLYING COW RANCH: Resolution of Land Sale Contract Delays Plan FMTB BH: Unresolved Adversary Proceeding Delays Plan FNR PROPERTIES: Sept. 27 Confirmation Hearing on Trustee's Plan FULCRUM EXPLORATION: Taps Pronske Goolsby as Counsel GADFLY ENTERPRISES: Disclosure Statement Hearing Set for Oct. 18 GARDEN FRESH: Court Junks Counterclaims vs Hiller & Associates GARDEN OAKS MAINTENANCE: Exclusivity Periods Extended Until Aug. 16 GRAND VIEW FINANCIAL: Seeks Dec. 12 Exclusivity Period Extension H MELTON VENTURES: Ch.11 Trustee Hires Murphy as Business Broker HARDES HOLDING: Plan Confirmation Hearing Set for Oct. 4 HELIX GEN: Moody's Places Ba2 Rating Under Review for Downgrade HOAG URGENT: Affiliates Ask Court to Approve Disclosure Statement HOME REALTY MEMPHIS: Ch. 11 Trustee Taps Schaefgen as Accountant HOOPER HOLMES: Case Summary & 30 Largest Unsecured Creditors INNOVATIVE WINDOW: Case Summary & 20 Largest Unsecured Creditors JESS ARNDELL: Trustee Selling Truckee Property for $2.6 Million JOHN Q. HAMMONS: JWJ Suit vs W&H, et al., Transferred to Kansas Ct. JOLIVETTE HAULING: Court Approves Disclosures, Confirms Plan JONAS WERNER: Voluntary Chapter 11 Case Summary JWCCC LLC: May Use Cash Collateral Until Nov. 30 KELLEY BROS: Exclusivity Period Extended Through Oct. 15 LA HABICHUELA: Plan Outline Okayed, Plan Hearing on Oct. 5 LE CENTRE ON FOURTH: Sale Closing of Property Delays Plan LEWIS SPECIALTIES: Taps Angela Stout as Financial Professional LOVEJOY'S FAMILY: Taps Illyssa I. Fogel as Legal Counsel M & M CAPITAL: Court Denies Motion to Approve Plan Outline MAGEE BENEVOLENT: Case Summary & 20 Largest Unsecured Creditors MENSONIDES DAIRY: CVTW Buying 10 Acres of Yakima Land for $43K/Acre MFL INC: Taps Fisher Patterson as Chapter 11 Counsel MIAMI BEVERLY: Seeks Nov. 13 Exclusive Filing Period Extension MOKE PEACE: Judge Moves Plan Filing Deadline to Nov. 13 NANA DEVELOPMENT: S&P Places 'B-' ICR On CreditWatch Positive NORTH DALLAS: Hires Gary G. Lyon as Bankruptcy Counsel OGHI LLC: Hires Shraiberg Landau as Bankruptcy Counsel PAC ANCHOR: Seeks to Expand Scope of Trojan Services PACIFIC DRILLING: Taps KPMG as Auditor for Liberian Unit PARKINSON SEED: Hires Silvercreek as Real Estate Consultant PARKPROVO LLC: Taps Highland Commercial as Real Estate Broker PATRIOT NATIONAL: Claims in CCMI Suit vs M. Shaiper, BSAI Narrowed PEORIA REGIONAL: Disclosure Statement Hearing on Sept. 20 PIONEER HEALTH: First Guaranty Not Entitled to Payment as Lessor POC PROPERTIES: Plan Confirmation Hearing Scheduled for Sept. 17 PREFERRED CARE: Taps BlackBriar as Financial Advisor PREFERRED PROVIDERS: Hires Todd M. Halbert as Bankruptcy Counsel PRIVILEGE WEALTH MANAGEMENT: Chapter 15 Case Summary PROTEA BIOSCIENCES: Taps Stone Pier Capital as Investment Banker PROTECTO HORSE: Hires Stevenson & Bullock as Counsel R & B SERVICES: Taps Mohen Cooper as Special Counsel R & B SERVICES: Taps Sichenzia Ross as Legal Counsel RAPOWER-3 LLC: Chapter 11 Case Dismissed RED FORK (USA): Taps PLS Energy Advisors as Marketing Agent REDEEMED CHRISTIAN: Hires CCD Inc. as Financial Consultant REMODELING SERVICES: Hires Richey Mills as Financial Advisor RM HOLDCO: Hires Kurtzman Carson as Administrative Agent RM HOLDCO: Seeks to Hire Piper Jaffray as Investment Banker RM HOLDCO: Seeks to Hire Sidley Austin as Bankruptcy Counsel RM HOLDCO: Seeks to Hire Tibus of Alvares & Marsal as CRO RM HOLDCO: Seeks to Hire Young Conaway as Bankruptcy Co-Counsel RMH FRANCHISE: Taps RSM US as Tax and Audit Service Provider RPM HARBOR: Asks Court to Approve Disclosure Statement SILVERVIEW LLC: Hires Jeffrey Alan as Real Estate Broker SILVERVIEW LLC: Taps Engelman Berger as Legal Counsel SKYLINE RIDGE: Wants to Maintain Plan Exclusivity Until Oct. 4 SOLID CONCRETE: Asks Court to Conditionally Approve Disclosures SOUTH PLAZA CENTER: Hires Noble Law as Attorneys SOUTH SIDE SALVAGE: Case Summary & 20 Largest Unsecured Creditors SOUTHERN PRODUCE: Taps Janvier as Counsel on Wayne Bailey Matter STORE IT REIT: River Oaks Supports Examiner Appointment SUNCREST STONE: Hires Stone & Baxter as Counsel SUNSHINE DAIRY: Taps Brown/Armstrong as Accountant TAOW LLC: Creditor Notice on Bid to Convert Case to Ch. 7 Deficient TIGAMAN INC: Taps Falcone Law Firm as Legal Counsel TNT C&P INVESTMENTS: Taps Joseph J. Rosen as Special Counsel TOSSAMO ENTERPRISES: Seeks to Hire Lau & Associates as Attorney TRAVELERS OF AMERICA: Oct. 3 Hearing on Plan Confirmation TSC/MAYFIELD ROAD: Hires Newmark Knight as Real Estate Broker TURBINE GENERATION: Taps LaMonica Herbst as Special Counsel TWIFORD ENTERPRISES: Rolling Hills Bank Files Chapter 11 Plan UNITED ROAD: Court Tosses IncidentClear Summary Judgment Bid VALLEY LUMBER: Unsecured Creditors to Be Paid in Full in 5 Years VILLA MARIE: Court Junks FMIBT Bid to Enforce Settlement Agreement VON DIRECTIONAL: Committee Taps Compton as Financial Advisor WACHUSETT VENTURES: August 29 Hearing on 2nd Exclusivity Extension WAGGONER CATTLE: Taps Gary Philips as Real Estate Appraiser WAND INTERMEDIATE I: Moody's Affirms B2 CFR, Outlook Stable WASHINGTON MUTUAL: Summary Judgment Against H. Kareem Upheld WILLIAM CLARKE: Has $2.85M Offer for San Francisco Properties WINN-DIXIE MONTGOMERY: Losses Summary Judgment Bids vs H & L, SIC WONDERWORK INC: Trustee Taps Gordon Brothers as IP Advisor WONDERWORK INC: Trustee Taps Verdolino & Lowey as Tax Accountant WOODBRIDGE GROUP: Amended Disclosure Statement Filed WORLD GLOBAL: Trustee Suit Stayed Pending Resolution of Ch. 11 Case WW CONTRACTORS: Has Until Sept. 30 to Use FNB Cash Collateral X-TREME BULLETS: Committee Seeks to Hire Goldstein as Counsel XPO LOGISTICS: S&P Raises ICR to 'BB', Outlook Stable YWCA OF ESSEX: Dismissal of J. Feld Suit vs Orange Township Upheld ZOHAR III: Exclusive Filing Period Extended Through January 2019 [*] Discounted Tickets for 2018 Distressed Investing Conference! [*] Thomas Allison Joins Portage Point as Senior Advisor [^] Large Companies with Insolvent Balance Sheet ********* 1141 REALTY: Taps Klestadt Winters as Legal Counsel --------------------------------------------------- 1141 Realty Owner LLC and Flatironhotel Operations, LLC seek approval from the U.S. Bankruptcy Court for the Southern District of New York to hire Klestadt Winters Jureller Southard & Stevens, LLP as their legal counsel. The firm will advise the Debtors regarding their duties under the Bankruptcy Code; negotiate with creditors; assist in the preparation of a bankruptcy plan; and provide other legal services related to their Chapter 11 cases. The firm will charge these hourly rates: Partners $495 to $725 Associates $295 to $425 Paralegals $175 Klestadt received an initial retainer of $103,434 from the Debtors prior to the petition date. On July 27, the firm received an additional retainer of $16,028.30. Tracy Klestadt, Esq., a partner at Klestadt, disclosed in a court filing that the firm is "disinterested" as defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Tracy L. Klestadt, Esq. Joseph C. Corneau, Esq. Brendan Scott, Esq. Christopher Reilly, Esq. Klestadt Winters Jureller Southard & Stevens, LLP 200 West 41st Street, 17th Floor New York, NY 10036 Tel: (212) 972-3000 Fax: (212) 972-2245 E-mail: jcorneau@klestadt.com E-mail: tklestadt@klestadt.com E-mail: creilly@klestadt.com E-mail: bscott@klestadt.com About 1141 Realty Owner 1141 Realty Owner LLC is the fee owner of the Flatiron Hotel, a 62-room boutique hotel located at 9 West 26th Street a/k/a 1141 Broadway in New York, New York. Affiliate Flatironhotel Operating LLC owns the liquor licenses for the restaurant facilities within the hotel. 1141 Realty Owner LLC and Flatironhotel Operating LLC filed for Chapter 11 bankruptcy protection (Bankr. S.D.N.Y. Lead Case No. 18-12341) on July 31, 2018. In the petitions signed by Jagdish Vaswani, managing member, 1141 Realty Owner estimated assets of $10 million to $50 million and liabilities of $10 million to $50 million. Flatironhotel estimated $1 million to $10 million in assets and $1 million to $10 million in liabilities. Judge Stuart M. Bernstein presides over the cases. The Debtors tapped Klestadt Winters Jureller Southard & Stevens, LLP as their legal counsel; CR3 Partners, LLC as crisis management services provider; Verdolino & Lowey, P.C. as their accountant; and Omni Management Group, Inc. as the administrative agent and claims and noticing agent. 1141 REALTY: Taps Omni Management as Administrative Agent --------------------------------------------------------- 1141 Realty Owner LLC and Flatironhotel Operations LLC seek approval from the U.S. Bankruptcy Court for the Southern District of New York to hire Omni Management Group, Inc., as its administrative agent. The firm will provide bankruptcy administration services, which include managing the solicitation and tabulation of votes in connection with any Chapter 11 plan; assisting with claims reconciliation; and managing any distributions made pursuant to the plan. Omni will charge these hourly rates: Analyst $25 to $40 Consultant $50 to $125 Senior Consultant $140 to $155 Equity Services $175 Technology/Programming $85 to $135 Paul Deutch, senior vice-president of Omni, disclosed in a court filing that his firm is a "disinterested person" as defined in Section 101(14) of the Bankruptcy Code. Omni can be reached through: Paul H. Deutch Omni Management Group 1120 Avenue of the Americas, 4th Floor New York, NY 10036 Tel: 212-302-3580 Fax: 212-302-3820 E-mail: nycontact@omnimgt.com About 1141 Realty Owner 1141 Realty Owner LLC is the fee owner of the Flatiron Hotel, a 62-room boutique hotel located at 9 West 26th Street a/k/a 1141 Broadway in New York, New York. Affiliate Flatironhotel Operating LLC owns the liquor licenses for the restaurant facilities within the hotel. 1141 Realty Owner LLC and Flatironhotel Operating LLC filed for Chapter 11 bankruptcy protection (Bankr. S.D.N.Y. Lead Case No. 18-12341) on July 31, 2018. In the petitions signed by Jagdish Vaswani, managing member, 1141 Realty Owner estimated assets of $10 million to $50 million and liabilities of $10 million to $50 million. Flatironhotel estimated $1 million to $10 million in assets and $1 million to $10 million in liabilities. Judge Stuart M. Bernstein presides over the cases. The Debtors tapped Klestadt Winters Jureller Southard & Stevens, LLP as their legal counsel; CR3 Partners, LLC as crisis management services provider; Verdolino & Lowey, P.C. as their accountant; and Omni Management Group, Inc. as the administrative agent and claims and noticing agent. 1141 REALTY: Taps Verdolino & Lowey as Accountant ------------------------------------------------- 1141 Realty Owner LLC and Flatironhotel Operations LLC seek approval from the U.S. Bankruptcy Court for the Southern District of New York to hire Verdolino & Lowey, P.C. as their accountant. The firm will prepare the Debtors' financial statements and 2017 tax returns; perform bookkeeping services; assist in bringing ongoing sales tax audit of the Debtors to a conclusion; and provide other accounting services. Craig Jalbert, the Verdolino accountant who will be providing the services, charges an hourly fee of $465. The hourly rates for the firm's staff who will also be assigned to provide the services range from $125 to $405. Mr. Jalbert disclosed in a court filing that the firm is a "disinterested person" as defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Craig R. Jalbert Verdolino & Lowey, P.C. 124 Washington Street, Suite 101 Foxboro, MA 02035 Phone: 508-543-1720 Fax: 508-543-4114 Email: cjalbert@vlpc.com About 1141 Realty Owner 1141 Realty Owner LLC is the fee owner of the Flatiron Hotel, a 62-room boutique hotel located at 9 West 26th Street a/k/a 1141 Broadway in New York, New York. Affiliate Flatironhotel Operating LLC owns the liquor licenses for the restaurant facilities within the hotel. 1141 Realty Owner LLC and Flatironhotel Operating LLC filed for Chapter 11 bankruptcy protection (Bankr. S.D.N.Y. Lead Case No. 18-12341) on July 31, 2018. In the petitions signed by Jagdish Vaswani, managing member, 1141 Realty Owner estimated assets of $10 million to $50 million and liabilities of $10 million to $50 million. Flatironhotel estimated $1 million to $10 million in assets and $1 million to $10 million in liabilities. Judge Stuart M. Bernstein presides over the cases. The Debtors tapped Klestadt Winters Jureller Southard & Stevens, LLP, as their legal counsel; CR3 Partners, LLC, as crisis management services provider; Verdolino & Lowey, P.C. as their accountant; and Omni Management Group, Inc., as the administrative agent and claims and noticing agent. 160 ROYAL PALM: Hires Yip Associates as Forensic Accountant ----------------------------------------------------------- 160 Royal Palm, LLC, seeks authority from the U.S. Bankruptcy Court for the Southern District of Florida to employ YIPCPA, LLC d/b/a Yip Associates, as forensic accountant to the Debtor. 160 Royal Palm requires Yip Associates to: (a) review and analyze the organizational structure of and financial interrelationships among the Debtor's principals, affiliates, and insiders, including a review of the books of such companies or persons as may be required; (b) review and analyze transfers to and from the Debtor to third parties, both prepetition and postpetition; (c) review the books and records of the Debtor for potential preference payments, fraudulent transfers, or any other matters that the Debtor may request; (d) attend meetings with the Debtor, creditors, insiders, and associates of such parties, and with federal, state, and local tax authorities, if requested; (e) prepare the estate tax returns; and (f) render any such other assistance in the nature of accounting, financial consulting, or other financial projects as the Debtor may deem necessary. Yip Associates will be paid at these hourly rates: Maria M. Yip $495 Associates $195 to $495 Paraprofessionals $125 Yip Associates will also be reimbursed for reasonable out-of-pocket expenses incurred. Maria M. Yip, a partner at YIPCPA, LLC, d/b/a Yip Associates, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Yip Associates can be reached at: Maria M. Yip YIPCPA, LLC D/B/A YIP ASSOCIATES 2 S. Biscayne Blvd., Suite 2690 Miami, FL 33131 Tel: (305) 569-0550 Fax: (888) 632-2672 About 160 Royal Palm 160 Royal Palm, LLC's principal asset is an abandoned construction project located at 160 Royal Palm Way in Palm Beach, Florida. The property is currently under state court receivership. 160 Royal Palm filed a voluntary petition for relief under chapter 11 of the United States Bankruptcy Code (Bankr. S.D. Fla. Case No. 18-19441) on Aug. 2, 2018. In the petition signed by Cary Glickstein, sole and exclusive manager, the Debtor disclosed $16,447,759 in total assets and $114,926,976 in total liabilities. Judge Erik P. Kimball is assigned to the case. Philip J. Landau, Esq., at Shraiberg, Landau & Page, P.A., is the Debtor's counsel. 260 SADDLEWOOD: Kumars Buying Novato Property for $1.9 Million -------------------------------------------------------------- 260 Saddlewood, LLC, asks the U.S. Bankruptcy Court for the Middle District of Florida to authorize its California Residential Purchase Agreement and Joint Escrow Instructions with Ravi Kumar and Rosemary Kumar in connection with the private sale of the real property located at 260 Saddlewood Drive, Novato, California for $1,865,000. The Debtor is a real estate holding company whose only asset is the Real Property. It asks the Court's authority to sell the Real Property to the Buyers by way of a private sale. The Real Property is a single-family home consisting of 3,240 square feet of living situated on a 0.92 acre lot. The marketing for the sale of this property was fairly active, with multiple showings and several bids. Ultimately, the Debtor determined that the Buyers offered the highest and best purchase price for the Real Property. In pursuit of this sale, on July 10, 2018, the Debtor, as the Seller, entered into the Sale Agreement with the Buyers for the sale of the Real Property. The Real Property is encumbered by (i) a mortgage lien held by Wells Fargo Home Mortgage in the amount of approximately $1,236,750, and (ii) a Home Equity Line of Credit lien held by Bank of America, NA in the amount of $200,000. Through the Sale Motion, the Debtor asks the Court's authority to sell the Real Property to the Buyers, by private sale, and disburse the proceeds of sale pursuant to the terms of the Sale Contract and closing statement. It will file the Closing Statement and any amendments thereto, with the Court and serve all parties in interest, prior to the closing date. Importantly, all proceeds of sale that would otherwise go to the Debtor in accordance with the Closing Statement (after payment to the Secured Creditors and other costs of closing) will be paid into a separate debtor-in-possession bank account that will require dual signatures (that of the undersigned and Mr. Greg Stranger, the Debtor's Manager) for any withdrawals or checks. Pursuant to the Sale Agreement, and subject to the Court's approval, the Buyers have agreed to purchase the Real Property for $1,865,000. The Buyers have paid an initial deposit of $18,650 to Old Republic Title Co., as escrow agent. They've also paid a second deposit of $37,300 (such payment was contingent on the satisfaction of a number of contingencies that the parties agreed upon, all which were recently met). The Buyers will now obtain financing for $1,492,000 of the Purchase Price, and pay $317,050 in cash on or before the closing. The Real Property will be transferred, sold, and delivered free and clear of all liens (statutory or other), encumbrances, and other interests. The Parties are anticipating that the sale will occur on Aug. 31, 2018. The Debtor respectfully submits that the closing date will provide sufficient time to notice the Sale Motion to the Debtor's creditors and parties-in-interest. A copy of the Agreement attached to the Motion is available for free at: http://bankrupt.com/misc/260_Saddlewood_32_Sales.pdf About 260 Saddlewood 260 Saddlewood, LLC listed its business as single asset real estate (as defined in 11 U.S.C. Section 101(51B)). It is the fee simple owner of a real property located at 260 Saddlewood Drive, Novato, California, having an appraised value of $1.69 million. 260 Saddlewood sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 18-03847) on May 9, 2018. In the petition signed by Gregory Stranger, manager, the Debtor disclosed $1.69 million in assets and $1.43 million in liabilities. The Debtor tapped Michael R. Dal Lago, Esq., at Dal Lago Law, as its legal counsel. 3601 CROSSROADS: Resolution of Claim #5 Delays Filing of Plan ------------------------------------------------------------- 3601 Crossroads, LLC, asks the U.S. Bankruptcy Court for the Northern District of Illinois to further extend by 90 days the exclusive period during which the Debtor may file a Plan of Reorganization and obtain its acceptance to Dec. 3, 2018 and Feb. 5, 2019, respectively. On April 27, 2018, Rialto Capital Advisors, LLC, Special Servicer and Attorney-in-Fact on behalf of Wells Fargo Bank the Debtor's largest creditor, filed a Proof of Claim as Claim # 5 -- asserting, among others that "the Debtor is liable to and owes Rialto Capital accrued and unpaid principal, interest, costs and fees, in the aggregate amount of no less than $8,114,807." The Debtor denies any defaults occurred under the Loan Documents which form the basis of Claim #5. The Debtor asserts that although it has timely paid all monthly mortgage obligations to its Lender, the Bank's Master Servicer (Wells Fargo Bank, N.A.) delivered a Notice of Sweep Event on July 22, 2016 and seized control of Debtor's depository, reserve and excess cash accounts. In this Notice, the Master Servicer claimed that a "Sweep Event" had occurred because the Debt Service Coverage Ratio (DSCR) at the Property had fallen below the level of 1.1 to 1.0. Debtor has denied that the DSCR ever fell below the level of 1.1 to 1.0 to warrant the declaration of a Sweep Event in 2016. The Debtor contends that it has repeatedly provided the Bank with calculations and supporting financial reports showing that the DSCR well exceeded the level of 1.2 to 1.0 through all of 2017 to warrant termination of the Sweep Event. But the Bank, however, has persistently rejected Debtor's calculations of the DSCR for well over a year -- all the while refusing to provide Debtor with proper explanations of the Bank's adjustments to the DSCR. As a result of the dispute, the Debtor was forced to file the instant bankruptcy to prevent further harm to its operations. In order to resolve Claim #5, the Debtor sought and obtained leave to conduct Rule 2004 discovery on the Master Servicer and Special Servicer. Similarly, Rialto filed a Motion for Order Directing Debtor's Examination and Production of Documents Pursuant to Bankruptcy Rule 2004, which was granted on May 15, 2018. Both parties are currently engaged in significant discovery activities requiring substantial document review and the imminent exchange of voluminous documents. The parties also plan on conducting 2004 depositions of various individuals. The Debtor believes that the extension is necessary because it is not possible to formulate any Plan of Reorganization until Claim #5, a secured claim accounting for 99.1% of the dollar value of all claims filed, is resolved. Accordingly, any delay caused by the requested extension cannot prejudice the body of creditors because unless and until this secured claim is disallowed these same creditors would receive nothing or a de minimus distribution on account of their claims. In addition, the Debtor argues that no prejudice will result from the extension of the exclusive periods because it continues to operate the Property profitably and to make timely monthly mortgage payments to its Lender. About 3601 Crossroads 3601 Crossroads, LLC, is a real estate lessor that owns in fee simple a property located at 3601 Algonquin Rd., Rolling Meadows, Illinois, having an assessed value of $5.45 million. The Company posted gross revenue of $2.51 million in 2017 and gross revenue of $2.11 million in 2016. The Debtor filed for Chapter 11 protection (Bankr. N.D. Ill. Case No. 18-06600) on March 7, 2018. In its petition signed by Thomas L. Kolschowsky, senior vice president/corporate counsel, the Debtor disclosed total assets of $5.47 million and liabilities totaling $7.98 million. The Hon. Timothy A. Barnes is the case judge. John A. Lipinsky, Esq., of Clingen Callow & Mclean, LLC, serves as the Debtor's counsel. 803-805 EAST 182: Seeks to Hire Carlos J. Cuevas as Attorney ------------------------------------------------------------ 803-805 East 182 Street Housing Development Fund Corporation seeks authority from the U.S. Bankruptcy Court for the Southern District of New York to employ Carlos J. Cuevas, Esq., as attorney to the Debtor. 803-805 East requires Carlos J. Cuevas to: a. advise the Debtor concerning the conduct of the administration of the bankruptcy case; b. prepare all necessary applications and motions as required under the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and Local Bankruptcy Rules; c. prepare a disclosure statement and plan of reorganization; and d. perform all other legal services that are necessary to the administration of the case. Carlos J. Cuevas will be paid at the hourly rate of $450. Carlos J. Cuevas will be paid a retainer in the amount of $10,000. Carlos J. Cuevas will also be reimbursed for reasonable out-of-pocket expenses incurred. Carlos J. Cuevas, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Carlos J. Cuevas can be reached at: Carlos J. Cuevas, Esq. 1250 Central Park Avenue Yonkers, NY 10704 Tel: (914) 964-7060 About 803-805 East 182 Street Housing Development Fund Corporation 803-805 East 182 Street Housing Development Fund Corporation (HDFC), based in Bronx, NY, filed a Chapter 11 petition (Bankr. S.D.N.Y. Case No. 18-11931) on June 26, 2018. In the petition signed by Juan Figueroa, president, the Debtor disclosed $7.36 million in assets and $1.84 million in liabilities. Carlos J. Cuevas, Esq., serves as bankruptcy counsel. ABE'S BOAT RENTALS: Hires Perry H. Beebe as Marine Surveyor ----------------------------------------------------------- Abe's Boat Rentals, Inc., seeks authority from the U.S. Bankruptcy Court for the Eastern District of Louisiana to employ Perry H. Beebe & Associates, LLC, as marine surveyor to the Debtor. Abe's Boat Rentals requires Perry H. Beebe to provide a desk top survey of each of the vessels owned by the Debtor for a flat fee of $350 per vessel survey, for total compensation of $5,950 for the 17 vessels owned by the Debtor, plus other marine survey services, including vessel inspections necessary for U.S. Coast Guard certifications. The Debtor owed Perry H. Beebe the amount of $12,994 for services provided prior to the Petition Date. Perry H. Beebe have agreed to waive any pre-petition claims against the Debtor as a condition of its employment. Perry H. Beebe, owner and president of Perry H. Beebe & Associates, LLC, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Perry H. Beebe can be reached at: Perry H. Beebe PERRY H. BEEBE & ASSOCIATES, LLC 307 Shady Oak Lane Mandeville, LA 70471 Tel: (504) 348-1488 About Abe's Boat Rentals Abe's Boat Rentals, Inc. -- https://www.abesboatrental.com/ -- is a privately-owned vessel operator located in Belle Chasse, Louisiana, with a fleet of 19 vessels. The Company's business segments have expanded to also provide crews and vessels for environmental construction, restoration projects and cleanup, plugging and abandonment, rig decommissioning and other new markets. Abe's Boat Rentals was founded in 1979 by Abraham Ton. Abe's Boat Rentals, Inc., filed a Chapter 11 petition (Bankr. E.D. La. Case No. 18-11102) on April 27, 2018. In the petition signed by Hank Ton, president, the Debtor estimated $1 million to $10 million in assets and liabilities. Congeni Law Firm, LLC is the Debtor's counsel. ACTIVECARE INC: Committee Taps RSR Consulting as Financial Advisor ------------------------------------------------------------------ The official committee of unsecured creditors of ActiveCare, Inc., seeks approval from the U.S. Bankruptcy Court for the District of Delaware to hire RSR Consulting, LLC as its financial advisor. The firm will assist the committee in reviewing financial information about the company and its affiliates; monitor the Debtors' sale process; advise the committee regarding any debtor-in-possession financing arrangement; assist the committee in negotiations; and provide other financial advisory services related to the Debtors' Chapter 11 cases. The firm will charge these hourly rates: Managing Directors/Directors $350 to $390 Managers/Consultants $250 to $335 Paraprofessionals $125 RSR Consulting neither holds nor represents any interest adverse to the Debtors' estate, according to court filings. The firm can be reached through: Robert S. Rosenfeld RSR Consulting, LLC 1330 Avenue of the Americas, Suite 23A New York, NY 10019 Telephone: 212-658-0300 Fax: 212-658-0347 E-mail: rsrosenfeld@rsrconsultingllc.com About ActiveCare Inc. ActiveCare, Inc. -- https://www.activecare.com/ -- is a real-time health analytics and monitoring company that provides self-insured health plans with solutions that significantly reduce the impact and cost of diabetes. ActiveCare, Inc., along with affiliates 4G Biometrics, LLC, sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 18-11659) on July 15, 2018. In the petitions signed by CEO Mark J. Rosenblum, ActiveCare, Inc., declared total assets of $2,623,458 and 41,787,746 in liabilities. The Hon. Laurie Selber Silversteinis the case judge. The Debtors tapped Polsinelli PC, led by Christopher A. Ward, Esq., as counsel. The U.S. Trustee appointed an official committee of unsecured creditors. The Committee tapped Orrick, Herrington & Sutcliffe LLP and Klehr Harrison Harvey Branzburg, LLP, as co-counsel, and RSR Consulting, LLC, as financial advisor. ACTIVECARE INC: Taps Gavin/Solmonese as Financial and Sale Advisor ------------------------------------------------------------------ ActiveCare, Inc. seeks approval from the U.S. Bankruptcy Court for the District of Delaware to hire Gavin/Solmonese LLC as its financial advisor and asset sale advisor. The services to be provided by the firm to the company and its affiliates include soliciting proposals from prospective purchasers; negotiating financial transactions; assisting them in the preparation of monthly operating reports and other documents; and assisting them in the preparation of a bankruptcy plan. Gavin will be paid a fee of $100,000 for the entire engagement. In addition, the firm will be paid transaction fees at the closing of each sale which occurs within one year from the execution of its agreement with the Debtors regardless of whether the source of financing was introduced by the firm. The transaction fees will be calculated as 10% of the cash consideration received by the bankruptcy estate in excess of the cash consideration portion offered in the court-approved stalking horse bid of TelCare, Inc. The transaction fees will be paid to Gavin from funds at the time of closing without the need for court approval. Edward Gavin, managing director of Gavin, disclosed in a court filing that he and his firm do not provide services to any creditor, equity interest holder or person adverse to the Debtors and their estates. The firm can be reached through: Edward T. Gavin Gavin/Solmonese LLC 919 N. Market Street, Suite 600 Wilmington, DE 19801 Office: 302.655.8997 ext. 151 Mobile: 484.432.3430 Email: ted.gavin@gavinsolmonese.com About ActiveCare Inc. ActiveCare, Inc. -- https://www.activecare.com/ -- is a real-time health analytics and monitoring company that provides self-insured health plans with solutions that significantly reduce the impact and cost of diabetes. ActiveCare, Inc., along with affiliates 4G Biometrics, LLC, sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 18-11659) on July 15, 2018. In the petitions signed by CEO Mark J. Rosenblum, ActiveCare, Inc., declared total assets of $2,623,458 and 41,787,746 in liabilities. The Hon. Laurie Selber Silversteinis the case judge. The Debtors tapped Polsinelli PC, led by Christopher A. Ward, Esq., as counsel. The U.S. Trustee appointed an official committee of unsecured creditors. The Committee tapped Orrick, Herrington & Sutcliffe LLP and Klehr Harrison Harvey Branzburg, LLP, as co-counsel, and RSR Consulting, LLC, as financial advisor. AHMAD WALI MAILATYAR: New River Homestead Exemption Not Valid ------------------------------------------------------------- Timothy R. Wright filed an objection to Debtors Ahmad Wali Mailatyar's and Edyta Kamila Mailatyar's claimed homestead exemption. Bankruptcy Judge Daniel P. Collins finds Wright has carried his burden of proof and sustains his objection. Debtors' claimed homestead exemption on the home located at 11 East Venado Drive, New River, Arizona is denied. However, the Court finds the Debtors do have a valid homestead exemption in the residence described as 7712 East Journey Lane, Scottsdale, Arizona. The Court finds the Debtors' testimony regarding their claimed homestead exemption was not credible. They moved out of the New River Property in the summer of 2016 because the lengthy lease of their Scottsdale Property had expired, it was not convenient to their work lives and family activities which were located in Scottsdale, and Ms. Mailatyar did not like living in New River. When the Debtors moved out of the New River Property, they abandoned that property as their homestead and reestablished the Scottsdale Property as their homestead. Wright's Homestead Objection is, therefore, sustained. The Debtors' homestead exemption claim is only proper on their Scottsdale Property. The bankruptcy stay is lifted so that Wright may pursue his judgment lien remedies against the New River Property. The bankruptcy case is in re: AHMAD WALI MAILATYAR and EDYTA KAMILA MAILATYAR, Chapter 11 Proceedings, Debtors, Case No. 2:17-bk-13538-DPC (Bankr. D. Ariz.). A copy of the Court's Ruling dated August 8, 2018 is available at https://bit.ly/2o1mSBS from Leagle.com. AHMAD WALI MAILATYAR, Debtor, represented by MARK J. GIUNTA, LAW OFFICE OF MARK J. GIUNTA & LIZ NGUYEN, LAW OFFICE OF MARK J. GIUNTA. EDYTA KAMILA MAILATYAR, Joint Debtor, represented by MARK J. GIUNTA, LAW OFFICE OF MARK J. GIUNTA & LIZ NGUYEN, LAW OFFICE OF MARK J. GIUNTA. U.S. TRUSTEE, U.S. Trustee, represented by LARRY L. WATSON, OFFICE OF THE U.S. TRUSTEE. ALSTRAW ENTERPRISES: Eubanks Buying Coin Laundries for $160K ------------------------------------------------------------ Alstraw Enterprises, Inc., asks the U.S. Bankruptcy Court for the Eastern District of Virginia to authorize the sale to Jennifer Eubanks of its coin laundries in Dumfries, Virginia known as "Plaza Coin Laundry" for $100,000, and in Herndon, Virginia known as the "The Herndon Coin Laundry." After a commercially reasonable advertising campaign by the Debtor's sales agent, Auction Markets, LLC, which included the preparation of financial information by the Debtor's financial advisor, Analytic Financial Group, LLC, for the purpose of providing prospective buyers with reliable financial data related to each specific location, the Debtor has received offers for the purchase of the Dumfries and Herndon businesses from the Buyer. The offers are severable, meaning that both or either one separately may be approved, but should one offer not be approved for any reason, the remaining offer may be. The parties executed their Asset Purchase Agreement for the sale. The APA contemplates the sale of all of the Debtor's assets, tangible and intangible, at the Dumfries and Herndon locations, including, but not limited to, washing machines, dryers, coin machines, vending machines, fixtures and the like, in addition to the Debtor's good will and business name associated with the Herndon and Dumfries locations. The APA is subject to a number of contingencies, including an acceptance of the Buyer by the landlord for each location. Under the terms of Mr. Karbelk's employment, he is entitled to a 10% commission paid at settlement on all assets sold through his efforts, and the recovery of marketing expenses of up to $3,000 for each sale. The commission on the sale would be split between Stephen Karbelk/Auction Markets, LLC, the estate's agent, and Horizon Business Brokers, LLC, the Buyer's agent. At the same time, it is anticipated that not more than $1,750 in expenses for professional photographs, DropBox Due Diligence Room, and Constant Contact email marketing will be payable on the sale to Auction Markets, LLC at the time of closing. Any lease arrearage for either location would be cured at the time of settlement. There are no liens against the debtor, nor any encumbrances on the assets to be sold under the APA. The Debtor cannot operate either the Herndon or the Dumfries locations profitably, and their sale would reduce its operating loss and provide it funds which will enable it to file a Plan of Reorganization. The Debtor submits that the Eubank's offer and the APA represent the best price obtainable for these assets, and the best result for the estate and the creditors at this time. A copy of the APA attached to the Motion is available for free at: http://bankrupt.com/misc/Alstraw_Enterprises_83_Sales.pdf The Purchaser: Jennifer Eubanks 12000 Market St. Reston, VA 20190 About Alstraw Enterprises Alstraw Enterprises, Inc. operates four coin laundries at separate locations, including Dulles Park, Herndon, Dumfries and Manassas. Each of these businesses occupy leased space and some have different names under which they do business, the Dumfries location being known as "Plaza Coin Laundry" and Herndon being known as the "The Herndon Coin Laundry." Alstraw Enterprises, Inc., filed a Chapter 11 bankruptcy petition (Bankr. E.D. Va. Case No. 18-11430) on April 23, 2018. The Debtor hired Richard G. Hall, as counsel. Stephen Karbelk of Auction Markets, LLC, was appointed as a sales agent for the Debtor on July 12, 2018. Scott W. Miller of Analytic Financial Group, LLC, was appointed as a financial advisor for the Debtor retroactively to June 15, 2018, on July 17, 2018. ARCON PROPERTIES: Sept. 20 Amended Disclosures Hearing Set ---------------------------------------------------------- According to an amended notice and order, Bankruptcy Judge Robert N. Opel, II is set to hold a hearing on Sept. 20, 2018 at 10:00 AM to consider approval of Arcon Properties, LLC and Arcon Homes, LLC's amended disclosure statement describing its amended plan dated August 14, 2018. Sept. 19, 2018 is fixed as the last day for filing and serving written objections to the amended disclosure statement. A redlined version of the Second Amended Disclosure Statement from Pacermonitor.com is available at https://tinyurl.com/y8mqo7xk at no charge. About Arcon Properties and Arcon Homes Arcon Properties, LLC, is a Pennsylvania company which commenced business in April, 2013. It was formed for the purpose of owning a real property located at 195 Airport Road, Selinsgrove, Snyder County, Pennsylvania. The real estate was initially to be utilized as a manufactured building plant and associated offices. Arcon Homes, LLC, was formed for the purpose of owning equipment and various vehicles and carriers to be utilized in the manufactured building business. It is a Pennsylvania company, which commenced business in 2007. Arcon Properties and Arcon Homes sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Pa. Case Nos. 18-00212 and 18-00213) on Jan. 22, 2018. The petitions were signed by Merrill D. Miller, Jr., member. At the time of the filing, Arcon Properties disclosed that it had estimated assets and liabilities of $1 million to $10 million. Arcon Homes estimated assets of less than $500,000 and liabilities of $1 million to $10 million. Judge Robert N. Opel II presides over the cases. The Debtors are represented by Robert E. Chernicoff, Esq., at Cunningham, Chernicoff & Warshawsky P.C. AVIATION ENGINEERING: Taps Atty. David Tong as Expert Witness ------------------------------------------------------------- Aviation Engineering Consultants, Inc., seeks approval from the U.S. Bankruptcy Court for the Middle District of Florida to hire an expert witness. The Debtor proposes to employ David Tong, Esq., at Saxon Gilmore & Carraway, P.A., to provide testimony in connection with the lawsuit it filed against Associated Aircraft Manufacturing & Sales, Inc., in the Circuit Court for the Sixth Judicial Circuit, Pinellas County. Mr. Tong's hourly fee is $350. Mr. Tong neither represents nor holds any interest adverse to the Debtor and its estate, according to court filings. Mr. Tong maintains an office at: David J. Tong, Esq. Saxon Gilmore & Carraway, P.A. 201 E. Kennedy Blvd., Suite 600 Tampa, FL 33602 Email: dtong@saxongilmore.com About Aviation Engineering Consultants Aviation Engineering Consultants, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 18-00241) on Jan. 12, 2018. In the petition signed by Fahim Avaregan, operations manager and trustee, the Debtor estimated assets of less than $50,000 and liabilities of less than $500,000. Judge Caryl E. Delano presides over the case. Blanchard Law, P.A., is the Debtor's bankruptcy counsel. BAMBI HERRERA-EDWARDS: Ruling in Favor of BEC, et al., Affirmed --------------------------------------------------------------- In the case captioned BAMBI ALICIA HERRERA-EDWARDS 670 76th Avenue St. Pete Beach, FL 33706-1808, Plaintiff, DARRYL E. ROUSON, AS CURATOR OF THE ESTATE OF BAMBI ALICIA HERRERA-EDWARDS, Interested Party-Appellant, v. BERNARD EDWARDS COMPANY, LLC, 5750 Wilshire Blvd., Suite 590 Los Angeles, CA 90036-3697, JESS S. MORGAN & CO., INC., 5900 Wilshire Blvd., Suite 2300 Los Angeles, CA 90036 323-634-2400, Defendants-Appellees, No. 17-15353, Non-Argument Calendar (11th Cir.), the United States Court of Appeals, Eleventh Circuit affirms the district court's final judgment upholding the bankruptcy court's orders, which denied Herrera-Edwards's motion to reject in the bankruptcy proceeding, granted judgment in favor of the defendants in the adversary proceeding, and denied Herrera-Edwards's motion for new trial. Herrera-Edwards was married to Bernard Edwards, a well-known singer, songwriter, and producer who died in 1996. After Mr. Edwards's death, litigation over his estate ensued between (1) his widow, Herrera-Edwards, his former wife, Alexis Edwards, and his six children. Ultimately, the parties entered into a Settlement Agreement, and a corresponding Co-Publishing Agreement, that divided royalties and compensation from Mr. Edwards's copyrights and other assets. For years, Herrera-Edwards received a stream of income as a result of these agreements. But in 2012, Herrera-Edwards filed for bankruptcy. In her bankruptcy petition, Herrera-Edwards asked the bankruptcy court to reject portions of the Co-Publishing Agreement regarding the administration rights to Mr. Edwards's composition copyrights. Also in the bankruptcy court, Herrera-Edwards filed an adversary proceeding against two defendants: (1) a company owned by Mr. Edwards's children that managed their inherited interests--defendant-appellee Bernard Edwards Company, LLC--and (2) Mr. Edwards's business manager--defendant-appellee Jess S. Morgan & Co., Inc. In that separate adversary proceeding, Herrera-Edwards sought artist and producer royalties from Mr. Edwards's copyrights and challenged a perpetual fee paid to the Morgan Company. After a bench trial, the bankruptcy court granted the defendants' motion for judgment on partial findings and denied Herrera-Edwards's motion to reject portions of the Co-Publishing Agreement. Herrera-Edwards then moved the bankruptcy court to amend its findings of fact or, alternatively, to grant a new trial, but the bankruptcy court denied her motion. On appeal, the district court affirmed the bankruptcy court's rulings. In this appeal, Herrera-Edwards argues the bankruptcy court erred by concluding that she did not receive the administration rights to Mr. Edwards's composition copyrights. Herrera-Edwards contends that, because she had an ownership interest in the composition copyrights, she necessarily had the administration rights to them as well. She claims that, in the Co-Publishing Agreement, she simply delegated her administration rights to Mr. Edwards's estate, and thus she is entitled to reject that delegation in the bankruptcy court and reclaim her administration rights. Herrera-Edwards cannot demonstrate that she ever received administration rights, and thus she has not shown that the bankruptcy court erred by denying her motion to reject portions of the Co-Publishing Agreement. After the Settlement Agreement, Mr. Edwards's estate transferred the copyright administration rights to the trusts of Mr. Edwards's six children, which vested upon assignment. A motion to reject cannot be used to strip another party of a vested interest. Accordingly, the Court affirms the district court's ruling on this issue. Herrera-Edwards also argues that the bankruptcy court erred in concluding that she was not entitled to a share of Mr. Edwards's artist and producer royalties. The Co-Publishing Agreement and copyright assignments provide additional evidence of what Herrera-Edwards received under the Settlement Agreement. These documents transferred a percentage of the "right, title and interest in" Mr. Edwards's written "compositions" to Herrera-Edwards. The interest transferred, and thus the applicable "income stream," related to the written "compositions" owned by Mr. Edwards's estate. Moreover, trial testimony in the bankruptcy court established that a "copyright in a composition generally refers to the words and music" rather than to artist and producer royalties. As to Herrera-Edwards's other arguments, the payments made during probate were consistent with the Settlement Agreement, as well as the necessity to settle "all estate debts and expenses" prior to issuing quarterly payments. The bankruptcy court found that the Edwards Company and the Morgan Company's witnesses offered a "plausible and credible" explanation for these "net" payments while settling the debts of Mr. Edwards's estate. The bankruptcy court also found that Franson's explanation for claiming a larger marital deduction was "entirely credible." Herrera-Edwards has not demonstrated clear error in the bankruptcy court's credibility determinations on these issues. Thus, the Court affirms the district court's ruling. Herrera-Edwards further argues that the bankruptcy court erred in finding that the Morgan Company holds a valid perpetual lien on 5% of the gross income due to her under the composition copyrights. She claims that the Settlement Agreement permitted the 5% fee against only the income of Edwards's estate, which has been closed for over a decade, and that the Morgan Company no longer provides a service significant enough to justify its lien or fee. The 1997 Settlement Agreement specified a 5% fee as to the "deferred income and other income received by the estate of Bernard Edwards from copyrights." Subsequently, however, the estate's 2000 copyright assignment to Herrera-Edwards expressly provided that her income interest was "subject to a lien to secure the payment to [the Morgan Company] of 5% of the gross receipts from exploitation of such assigned rights in perpetuity." To the extent that there is arguably some conflict, Herrera-Edwards ignores that the bankruptcy court conducted a six-day trial and found that Herrera-Edwards failed to present "evidence or case law establishing that the 5% lien is invalid or was not properly perfected." Given the documents and the trial record, the Court cannot say that the bankruptcy court erred in its ultimate findings and conclusion in this case. A full-text copy of the Court's Decision dated August 7, 2018 is available at https://bit.ly/2nYFodS from Leagle.com. Jimmy D. Parrish -- jparrish@bakerlaw.com -- for Defendant-Appellee. Jeffrey W. Warren -- jwarren@bushross.com -- for Interested Party-Appellant. Karen Cox -- kcox@bushross.com -- for Interested Party-Appellant. Tiffany D. Payne -- tpaynegeyer@bakerlaw.com -- for Defendant-Appellee. Brandon Thomas Crossland -- bcrossland@bakerlaw.com -- for Defendant-Appellee. Andrew V. Layden -- alayden@bakerlaw.com -- for Defendant-Appellee. Wendy Cramer Townsend -- wtownsed@bakerlaw.com -- for Defendant-Appellee. BIOCLINICA HOLDING I: Moody's Cuts CFR to Caa1, Outlook Negative ---------------------------------------------------------------- Moody's Investors Service downgraded its ratings for BioClinica Holding I, LP, including the company's Corporate Family Rating (CFR; to Caa1, from B3) and Probability of Default Rating (to Caa1-PD, from B3-PD). The ratings for the company's senior secured first- and second-lien debt and bank credit facility were downgraded to B3, from B1, and to Caa3, from Caa2, respectively. The ratings outlook remains negative. "The downgrades and continuing negative outlook reflect broad-based underperformance and expectations that BioClinica will face further pressure from delays of clinical trials, as well as some softness in bookings, which combined will further constrain earnings prospects," said Vladimir Ronin, Moody's lead analyst for the company. "While it has some time, the company needs to strengthen its backlog and successfully execute ongoing cost saving initiatives in order to stabilize operations and stem further erosion of its liquidity profile, and otherwise pre-emptively address the mismatch between its over-levered balance sheet and earnings capability," added Ronin. The following ratings were downgraded for BioClinica Holding I, LP: Corporate Family Rating, to Caa1 from B3 Probability of Default Rating, to Caa1-PD from B3-PD Senior secured first lien revolving credit facility due 2021, to B3 (LGD3) from B1 (LGD3) Senior secured first lien term loan due 2023, to B3 (LGD3) from B1 (LGD3) Senior secured second lien term loan due 2024, to Caa3 (LGD5) from Caa2 (LGD5) Outlook Actions: Outlook, unchanged at Negative RATINGS RATIONALE The Caa1 Corporate Family Rating broadly reflects BioClinica's small absolute size and very high financial leverage, with debt-to-EBITDA of approximately 9.7 times (Moody's-adjusted basis) for the twelve months ended June 30, 2018. The ratings also reflect BioClinica's narrow product focus in specialized services for the pharmaceutical industry, as well as exposure to cancellations and delays of clinical trials. BioClinica's ratings benefit from its good market position within the specialized niche of outsourced imaging services for clinical trials. The negative outlook reflects Moody's expectation that BioClinica's scale will remain modest, operational challenges will persist, and leverage will remain very high over the next 12-18 months. While liquidity will likely remain adequate over the near term, the company's cash consumptive profile is expected to further erode liquidity over the forecast period, according to the rating agency. Ratings could be downgraded if BioClinica's revenue and earnings deteriorate, particularly if there is sustained negative free cash flow. Ratings could also be downgraded as liquidity weakens further. BioClinica's ratings could be upgraded if operating performance and backlog improve significantly and the company successfully executes targeted cost saving initiatives. Additionally, if Moody's believes that adjusted debt/EBITDA will be sustained below 7.0 times, consideration of a prospective ratings upgrade could be warranted. The principal methodology used in these ratings was Business and Consumer Service Industry published in October 2016. BioClinica Holding I, LP is a leading provider of specialized services to the pharmaceutical industry, with a focus on clinical imaging. The company's end markets include pharmaceutical and biotechnology companies and contract research organizations. The company is owned by private equity firm, Cinven. Reported net service revenue was approximately $329 million for the twelve months ended June 30, 2018. BISHOP GORMAN: New Plan Includes Settlement Agreement with JATCO ---------------------------------------------------------------- Bishop Gorman Development Corporation submits a disclosure statement for its third amended plan of reorganization dated August 14, 2018. This latest filing discloses the Settlement Agreement entered into by the Debtor and creditor J.A. Tiberti Construction, Inc. (JATCO). Subject to the terms and conditions of the Settlement Agreement, JATCO has agreed to support Debtor's Plan, instead of the JATCO Plan. The Settlement Agreement, among other things, provides for the treatment of the JATCO Claim under the Plan and imposes certain obligations on the Debtor and the Diocese. The rights and obligations created by the Settlement Agreement are a compromise and settlement between the Debtor, the Diocese, and JATCO. Disbursements under the Plan on the Effective Date will be funded from the Confirmation Funds, which are comprised of: (i) the Additional Rent; (ii) up to $2,000,000 from the Diocese as needed to fund Administrative Claims (iii) the Authorized Donor Funds; and (iv) Debtor's other Cash. Confirmation Funds are estimated to be in the total amount of approximately $10,500,000. A portion of the JATCO Fund is a subset of the Confirmation Funds, consisting of $8,600,000 in Additional JATCO Rent to be paid to JATCO on the Effective Date. In addition, the JATCO Fund may potentially consist of $2,400,000 in Additional JATCO Rent that might be required to be paid to JATCO under the terms of the Settlement Agreement. The GUC Fund is a subset of the Confirmation Funds that is comprised of $100,000 in other Cash from the Confirmation Funds. A full-text copy of the Latest Disclosure Statement is available at: http://bankrupt.com/misc/nvb17-11942-580.pdf About Bishop Gorman Development Corporation Bishop Gorman Development Corporation is a charitable organization with its principal assets located at 5959 S. Hualapai Way, Las Vegas, Nevada. Bishop Gorman Development filed for Chapter 11 bankruptcy protection (Bankr. D. Nev. Case No. 17-11942) on April 17, 2017, estimating assets and liabilities between $100 million and $500 million each. Deacon Aruna Silva, executive director, signed the petition. Judge August B. Landis presides over the case. Brett A. Axelrod, Esq., at Fox Rothschild LLP, serves as the Debtor's bankruptcy counsel. The Debtor also hired Greenberg Traurig, LLP, as its special litigation counsel, and Wallace Neumann & Verville, LLP, as its accountant. BORINQUEN ANESTHESIA: Sept. 11 Plan and Disclosures Hearing ----------------------------------------------------------- Bankruptcy Judge Brian K. Tester conditionally approved Borinquen Anesthesia Services PSC's disclosure statement dated August 7, 2018. Acceptances or rejections of the Plan may be filed in writing on/or before seven days prior to the date of the hearing on confirmation of the Plan. Any objection to the final approval of the Disclosure Statement and/or the confirmation of the Plan must be filed on/or before 10 days prior to the date of the hearing on confirmation of the Plan. A hearing for the consideration of the final approval of the Disclosure Statement and the confirmation of the Plan will be held on Sept. 11, 2018 at 10:30 A.M. at the U.S. Bankruptcy Court, U.S. Post Office and Courthouse Building, 300 Recinto Sur, Courtroom No. 1, Second Floor, San Juan, Puerto Rico. As previously reported by the Troubled Company Reporter, general unsecured creditors under the plan are classified in Class 3 and will receive a distribution of 5% of its allowed claims to be distributed pro-rata as follows: $1,020 per month for 60 months, including interest at 2% per annum for a total payout of $61,253.26. A full-text copy of the Disclosure Statement is available for free at: http://bankrupt.com/misc/prb18-00130-11-58.pdf About Borinquen Anesthesia Based in Aibonito, Puerto Rico, Borinquen Anesthesia Services PSC is a privately held company that operates in healthcare industry. Its principal assets are located at Calle Jose C Vazquez Hospital General ME Aibonito, PR 00705. Borinquen Anesthesia is a small business debtor as defined in 11 U.S.C. Sec. 101(51D). Borinquen Anesthesia sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.P.R. Case No. 18-00130) on Jan. 12, 2018. In the petition signed by Jorge A. Acevedo Orengo, president, the Debtor disclosed $89,700 in assets and $1.20 million in liabilities. Juan C. Bigas Law Office is the Debtor's bankruptcy counsel. BRANDENBURG FAMILY: Skipton Buying Jefferson Property for $800K --------------------------------------------------------------- The Brandenburg Family Ltd. Partnership asks the U.S. Bankruptcy Court for the District of Maryland to authorize the sale of the real property and improvements located at 6229 Mountain Church Road, Jefferson, Maryland to Josh Skipton, Hannah Smith, or assigns, for $800,000, subject to higher and better offers. The Debtor owned the Property. The Property is encumbered by a consensual first lien in favor of Fulton Bank, N.A. arising from an Indemnity Deed of Trust dated Jan. 2, 2015 and recorded in the Land Records of Frederick County at Book 10375, page 481. Fulton Bank has stated that it is owed $1,183,178 as of March 28, 2018. On July 10, 2018, the Debtor entered into the Residential Contract of Sale with the Buyers for the Property for $1 million. The Purchasers are a bona fide third party. On July 16, 2018, the Debtor filed a Motion to approve the Sale Agreement. A contingency contained in the Sale Agreement was a home inspection. After exercising the home inspection contingency and completing the home inspection, the Purchasers obtained a Home Inspection Report. Due to the extensive repairs required under the Home Inspection Report, the Purchasers reduced the offer to $800,000. The Debtor countered at $900,000, but the Purchasers refused to increase its offer. Thereafter, the Purchasers tendered a Home Inspection Contingency Removal Addendum to the Debtor. The Purchasers were advised that the Sale Agreement, as modified, is subject to higher and better offers prior the entry of any order by the Court approving a sale of the Property. The sale will be free and clear of liens, claims, encumbrances and interest, with such liens, claims, encumbrances and interests to be paid from the proceeds of sale at settlement After payment of costs and expenses of sale, including realtor commissions of 2% and other costs, and after payment of the lien of Fulton Bank, there will be no remaining proceeds to be paid to the bankruptcy estate. The Debtor has filed its Second Amended Plan of Reorganization and a confirmation hearing is scheduled for Aug. 30, 2018. Although the settlement on the Property will not be consummated before the confirmation of the Plan, the proceeds to be generated by the sale will be used, in part, to fund the Plan. The sale of the Property is provided for under the Plan. Further, the Plan provides for the application of 11 U.S.C Section 1146(a), which provision negates the payment of a stamp tax or similar tax upon the conveyance of the Property. The Debtor believes that Fulton Bank may consent to the sale, as the Bank consented to the original sale. The Debtor asks the Court to waive the 14-day stay of Federal Rule of Bankruptcy Procedure 6004(h), as all parties secured by the Property will be paid at settlement, and the ability to settle at the earliest date will prevent the continued accrual of interest and other fees assessed against the Debtor and will allow for an extended payment period to Fulton Bank under the Plan if confirmed. A copy f the Sale Agreement attached to the Motion is available for free at: http://bankrupt.com/misc/Brandenburg_Family_169_Sales.pdf The Purchasers: Josh Skipton & Hannah Smith c/o John Foley, Esq. 100 W. Church St. Frederick, MD 21701 About The Brandenburg Family LP Based in Jefferson, Maryland, The Brandenburg Family Limited Partnership is a Maryland limited partnership that owns parcels of real property in both Maryland and Pennsylvania. The Brandenburg Family LP sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Md. Case No. 18-11041) on Jan. 25, 2018. In the petition signed by Dwight C. Brandenburg, managing partner, the Debtor estimated assets and liabilities of $1 million to $10 million. Judge Thomas J. Catliota presides over the case. The Debtor hired Mehlman, Greenblatt & Hare, LLC as its legal counsel, and Squire, Lemkin & Company, LLP as its accountant. No creditors committee, trustee or examiner has been appointed in the case. BROOKSTONE HOLDINGS: Sets Bidding Procedures for All Assets ----------------------------------------------------------- Brookstone Holdings Corp. and its debtor-affiliates ask the U.S. Bankruptcy Court for the District of Delaware to authorize the bidding procedures in connection with the sale of substantially all assets at auction. Facing liquidity issues and the prospect of an impending bankruptcy filing, on June 27, 2018 the Debtors engaged GLC Advisors, Inc. to provide investment banking services, including exploring all restructuring, financing and M&A alternatives. While the Debtors continue to explore all restructuring options, following the work performed by GLC the Debtors determined that an expedited sale process for all or substantially all of the businesses of the Debtors is the most likely means to maximize value for the benefit of the Debtors' stakeholders in the time allotted under the Debtors' post-petition financing agreements. In that regard, the Debtors and GLC have focused their efforts to date on identifying a going-concern buyer for the Assets (whether in its current state or with a reduced brick and mortar footprint). In consultation with their advisors, the Debtors negotiated with certain of their lenders and numerous third parties regarding potential DIP post-petition financing to support the Debtors' efforts in these Chapter 11 Cases. Wells Fargo Bank, National Association, the Debtors' prepetition ABL Agent and lender, and Gordon Brothers Finance Co., the Debtors' prepetition Term Agent and lender, agreed to provide the Debtors with post-petition financing pursuant to that certain Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement dated as of Aug. 6, 2018. The financing provided under the DIP Credit Agreement is critical for the Debtors to continue their operations pending their proposed sale of their business operations. Following extensive, arms'-length negotiations, the Debtors and the DIP Lenders reached agreement on a case timeline that adequately balances the Debtors' need to execute a robust marketing process for their business with the need of their secured lenders to have certainty on how and when Brookstone will emerge from these Chapter 11 Cases. To that end, the Debtors ask, pursuant to the Motion, a hearing to be held on regular notice for the approval of their proposed bid procedures in connection with a sale. The DIP Credit Agreement is conditioned on the following case milestones: a. Aug. 29, 2018 – The Court will have entered an order approving the Bid Procedures; b. Aug. 30, 2018 – The Debtors will have received a binding Stalking Horse Bid; c. Sept. 7, 2018 – The Debtors will have entered into the Stalking Horse Bid; d. Sept. 25, 2018 – The Debtors will have completed an Auction; e. Oct. 1, 2018 – The Court will have entered an order approving the Sale;and f. Oct. 4, 2018 – the Debtors will have consummated the Sale. Additionally, by the Motion, the Debtors ask entry of an order authorizing (a) the sale of the Assets free and clear of all claims, liens, liabilities, rights, interests and encumbrances; (b) the Debtors to assume and assign Assumed Contracts and Assumed Leases; and (c) any and all related relief requested. They propose to file a proposed form of the Sale Order no later than 14 days prior to the Sale Hearing, subject to modifications by the Debtors and the Successful Bidders following the Auction. The Bid Procedures are intended to permit a fair and efficient competitive sale process, consistent with the timeline of the Chapter 11 Cases, and to promptly identify the bid or bids that constitute the highest or otherwise best offer for the Assets. The salient terms of the Bidding Procedures are: a. Stalking Horse Bid Deadline: Aug. 30, 2018 at 5:00 p.m. (ET) b. Bid Deadline: Sept. 20, 2018 at 5:00 p.m. (ET) c. Initial Bid: All Potential Bidders on the relevant Assets will be required to submit a bid in the amount of at least the sum of (i) the Stalking Horse Bid, (ii) any break-up fee and/or expense reimbursement, if and to the extent approved by prior order of the Court prior to the Bid Deadline, and (iii) a reasonable minimum overbid amount to be calculated by the Debtors', in consultation with the Consultation Parties, based on the aggregate price set forth in the Stalking Horse Bid. d. Deposit: 5% of the Bid e. Auction: Auction: Sept. 24, 2018 at 10:00 a.m. (ET) at the offices of Young Conaway Stargatt & Taylor, LLP, Rodney Square, 1000 North King Street, Wilmington, Delaware f. Sale Objection and Cure Cost/Assignment Objection Deadline: Sept. 24, 2018 at 4:00 p.m. (ET) g. Post-Auction Objection Deadline: Sept. 26, 2018 at 4:00 p.m. (ET) h. Sale Hearing: Oct. 1, 2018 at 10:00 a.m. The Bid Procedures further contemplate that the Debtors may askCourt approval, at the Bid Procedures Hearing or on shortened notice thereafter, to provide customary bid protections to a Stalking Horse Bidder, including but not limited to a break-up fee and/or expense reimbursement. To facilitate the Sale, the Debtors ask authority to assume and assign to the Successful Bidder(s) certain executory contracts and unexpired leases as selected by such Successful Bidder(s) in its Successful Bid(s) in accordance with the Assignment Procedures. On Sept. 10, 2018 the Debtors will file with the Court and serve on each Non-Debtor Counterparty to each of the Debtors' executory contracts and unexpired leases the Potential Assumption and Assignment Notice. The Cure Cost/Assignment Objection Deadline with respect to such Non-Debtor Counterparty will be 4:00 p.m. (ET) on the date that is the later of Sept. 24, 2018 or 14 days following service of the Potential Assumption and Assignment Notice. The Post-Auction Objection Deadline is 4:00 p.m. (ET) on Sept. 26, 2018. A hearing on the Motion is set for Aug. 29, 2018 at 1:00 p.m. (ET). The objection deadline is Aug. 22, 2018 at 4:00 p.m. (ET). A copy of the Bidding Procedures attached to the Motion is available for free at: http://bankrupt.com/misc/Brookstone_Holdings_100_Sales.pdf About Brookstone Holdings Founded in 1965, Brookstone Holdings Corp. is a U.S.-based product developer and retailer of wellness, entertainment, and travel products that are fun to discover, smart to use and beautiful in design. Brookstone products are available at its 35 retail locations in airports throughout the U.S., online at Brookstone.com and through select premium retailers worldwide. Brookstone Holdings and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 18-11780) on Aug. 2, 2018. In the petitions signed by Stephen A. Gould, secretary, the Debtors estimated assets of $50 million to $100 million and liabilities of $100 million to $500 million. Judge Brendan Linehan Shannon presides over the cases. The Debtors tapped Gibson, Dunn & Crutcher LLP as their bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP as Delaware counsel; Berkeley Research Group, LLC as financial advisor; and GLC Advisors & Co. as investment banker; Omni Management Group, Inc., as administrative agent. BUCK LEON HAMMERS: Court Grants NLCC Bid to Lift Automatic Stay --------------------------------------------------------------- Bankruptcy Judge Tom R. Cornish entered an order granting National Livestock Credit Corporation's Motion for Relief from Automatic Stay and/or Abandonment of Property. Relief from the automatic stay under may be granted for cause, such as where a creditor's interest in a debtor's property is not adequately protected, where the debtor has no equity in the property, and where the property is not necessary for an effective reorganization. Debtor Buck Leon Hammers has made no offer of adequate protection payments but argues that he has sufficient equity in the property securing these debts. He also argues that the stay should remain in place because he needs this property to effectuate a plan of liquidation. Movant NLCC has the burden of proving cause to lift the stay. The Court finds that it has met its burden that Debtor has no equity in the property. NLCC provided a current appraisal of the Bryan County real estate that is slightly less than the amount of claims against it. Debtor did not dispute appraiser Roger Spears' appraisal. However, he asked the Court to add $120,000 to this value to account for the mineral rights he claims to own. The Court has no reason to doubt geologist Larry Adams regarding his testimony that mineral rights in a proven area are worth more than surface rights. The Court also accepts his estimates that minerals could be valued at $1500 to $2000 per acre in neighboring Atoka County because there are producing wells located there. However, one of the exhibits he submitted is for production dating in 2014. The Court has no information regarding current drilling and production. Further, Debtor provided neither Adams nor Spears nor this Court any proof that he owns any minerals. Even if he does own minerals, he provided no information regarding their location nor the value of minerals rights in Bryan County. His claim that he owns any minerals is highly speculative. His claim that minerals in Bryan County are valuable because of their proximity to Atoka County wells was unsupported. The Court finds he failed to provide any evidence beyond speculation that the value of the Bryan County property should be increased by at least $120,000. The Court declines to increase the valuation of the house and property beyond Spears' appraised value. The Debtor also argues that the stay should remain because this property is necessary for an effective reorganization, although he plans to liquidate his assets rather than reorganize. He believes a liquidation in the bankruptcy process would bring more value for unsecured creditors. It is possible that property could be needed in a liquidating chapter 11 case, but Debtor offered no evidence in support of this claim. Debtor failed to offer any plan or information to the Court as to how he can and will maximize that value. He suggests that he should be allowed time to research the ownership and value of the 80 mineral acres. However, he has known for quite some time that the property was in foreclosure and that proof of mineral ownership could enhance its value and marketability. He stated that he has listed the property for sale yet he has done nothing to maximize its value, and has decreased the list price. There is nothing to show a reasonable possibility that he can sell this property and satisfy his creditors within a reasonable amount of time. Without any plan or timeline, Debtor has failed to show that the stay should remain in place because there is a reasonable expectation of effectuating a confirmable plan of liquidation within a reasonable time. The Court finds that stay relief and abandonment is appropriate since Debtor has shown no evidence of equity in this property. Administrative and interest expenses are accruing which erode NLCC's secured position, and collateral has been lost. Additionally, Debtor has offered no evidence or proposal that he can confirm a plan within a reasonable period of time. A full-text copy of the Court's Order dated August 21, 2018 is available at: http://bankrupt.com/misc/okeb18-80602-93.pdf Buck Leon Hammers filed for chapter 11 bankruptcy protection (Bankr. E.D. Okla. Case No. 18-80602) on June 5, 2018, and is represented by Jeff Potts of Jeff Potts Law Office. CARITAS INVESTMENT: Disclosure Statement Hearing Set for Sept. 11 ----------------------------------------------------------------- The U.S. Bankruptcy Court for the District of Connecticut is set to hold a hearing on Sept. 11, at 12:00 p.m., to consider approval of the disclosure statement, which explains the Chapter 11 plan of reorganization for Caritas Investment Limited Partnership. The hearing will be held at Courtroom 123. The latest disclosure statement filed on Aug. 16 shows that the total amount of priority claims against Caritas Investment is estimated at $248,999.50. Caritas Investment also disclosed that administrative claims asserted against it include the claim of its bankruptcy counsel, Law Offices of Ellery E. Plotkin, LLC, which is estimated to be no more than $100,000; and the claim of its accountant estimated at $1,200. A copy of the second amended disclosure statement dated Aug. 16 is available for free at: http://bankrupt.com/misc/ctb17-50456-175.pdf About Caritas Investment Headquartered at Stamford, Connecticut, Caritas Investment Limited Partnership is a single asset real estate as defined in 11 U.S.C. Section 101(51B). It owns the property at 140 Wallacks Drive, Stamford, which consists of a parcel on Stamford mainland and an island in the City of Stamford. Caritas Investment Limited Partnership filed a Chapter 11 petition (Bankr. D. Conn. Case No. 17-50456) on April 24, 2017. In its petition, the Debtor estimated $1 million to $10 million in both assets and liabilities. The petition was signed by John A. Morgan, member of Morgan 2000, LLC, general partner. The Debtor filed its proposed Chapter 11 plan of reorganization on June 5, 2018. CARL WEBER: Exclusive Plan Filing Period Extended Until Sept. 14 ---------------------------------------------------------------- The Hon. John K. Sherwood of the U.S. Bankruptcy Court for the District of New Jersey, at the behest of Carl Weber Green Properties, LLC, has extended the Debtor's exclusive period to file a plan of reorganization to September 14, 2018 and the period for obtaining acceptances until 60 days thereafter. About Carl Weber Green Properties Carl Weber Green Properties, LLC, was formed on Oct. 9, 2012, as a real estate holding company, which owns various parcels of real property located in the State of New Jersey. It was formed as a special purpose vehicle to hold and monetize real property assets. The assets are all real properties obtained through tax lien foreclosures conducted by members of the Company. Carl Weber sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case No. 17-29110) on Sept. 20, 2017. In the petition signed by Manager Philip Sivin, the Debtor estimated assets of $1 million to $10 million and liabilities of less than $1 million. Giordano, Halleran & Ciesla, P.C., serves as counsel to the Debtor. CAROL LLOYD: Hires Lefkovitz & Lefkovitz as Attorney ---------------------------------------------------- Carol Lloyd, Inc., seeks authority from the U.S. Bankruptcy Court for the Middle District of Tennessee to employ Lefkovitz & Lefkovitz, as attorney to the Debtor. Carol Lloyd requires Lefkovitz & Lefkovitz to: a. advise the Debtor as to its rights, duties and powers as Debtor-in-Possession; b. prepare and file the statements, schedules, plans, and other documents and pleadings necessary to be filed by the Debtor in the bankruptcy proceedings; c. represent the Debtor at all hearings, meetings of creditors, conference, trials and any other proceedings in the bankruptcy case; and d. perform such other legal services as may be necessary in connection with the bankruptcy case. Lefkovitz & Lefkovitz will be paid at these hourly rates: Partners $555 Associates $350 Paralegals $125 Lefkovitz & Lefkovitz received a retainer from the Debtor in the amount of $16,717. Lefkovitz & Lefkovitz will also be reimbursed for reasonable out-of-pocket expenses incurred. Steven L. Lefkovitz, partner of Lefkovitz & Lefkovitz, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Lefkovitz & Lefkovitz can be reached at: Steven L. Lefkovitz, Esq. LEFKOVITZ & LEFKOVITZ 618 Church Street, Suite 410 Nashville, TN 37219 Tel: (615) 256-8300 Fax: (615) 255-4516 E-mail: slefkovitz@lefkovitz.com About Carol Lloyd Carol Lloyd Inc., Spring Hill, Tennessee, provides mobile X-ray and imaging services to care givers and care facilities. Carol Llyod previously filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code on May 15, 2017 (Bankr. W.D.N.C. Case No. 17-10207). Carol Lloyd Inc., based in Spring Hill, TN, filed a Chapter 11 petition (Bankr. M.D. Tenn. Case No. 18-05432) on Aug. 15, 2018. In the petition signed by Lloyd M. Williams, III, authorized representative, the Debtor disclosed $1,021,401 in assets and $3,515,467 in liabilities. The Hon. Marian F Harrison presides over the case. Steven L. Lefkovitz, Esq., at Lefkovitz & Lefkovitz, serves as bankruptcy counsel to the Debtor. CAROL ROSE: Final Adjudication of Litigation Delays Plan -------------------------------------------------------- Carol Rose, Inc., and Carol Alison Ramsay Rose ask the U.S. Bankruptcy Court for the Eastern District of Texas to further extend for an additional 60 days (a) the period during which the Debtors have the exclusive right to solicit acceptances in connection with the Plan, and (b) the dates and deadlines relating to the approval of the Debtors' Disclosure Statement and Confirmation of the Debtors' Plan. On Oct. 25, 2017, the Debtors jointly removed certain state court litigation Carol Rose and Carol Rose, Inc. vs. Lori Aaron, Phillips Aaron, Aaron Ranch and Jay McLaughlin, filed in the 235th Judicial District in Cooke County, Texas, docketed as Cause No. 13-00535. The Aaron Action includes core claims of the Debtors against the Aaron Parties. On December 6, 2017, the Debtors also jointly removed another state court litigation Equis Equine, LLC and Elizabeth Weston vs. Carol Rose, Carol Rose, Inc. d/b/a Carol Rose Quarter Horses d/b/a Carol Rose Ranch d/b/a Carol Rose Dispersal Sale, Lewis T. Stevens, Don Green, Harold Brown, Aaron Ranch, Aaron's Ranch, Inc., Lori Aaron and Phillip Aaron filed in 235th Judicial District in Cooke County, Texas, docketed as Cause No. 15-00481, which includes consolidated case Adv. Proc. No. 17-04126. In addition, Elizabeth Weston and Equis Equine, LLC filed a complaint objecting to the dischargeability of the alleged indebtedness owed by Carol Alison Ramsay Rose. The Aaron parties also filed a complaint objecting to the dischargeability of the alleged indebtedness of Carol Alison Ramsay Rose to the Aaron Parties. The Debtors have filed various objections to the claims of the Aaron parties and the Weston parties. The Aaron Action, the Weston Dischargeability Action, and the Claim Objections are collectively referred to as the "Litigation." The claims against the Debtors and their estates purported set forth within the Aaron Action and the Weston Action are collectively referred to as the "Disputed Unsecured Claims." On January 16, 2018, the Debtors filed their Joint Chapter 11 Plan of Reorganization. Subsequently, on January 22, 2018, the Debtors filed their Joint Disclosure Statement in support of the Plan. As set forth in the Debtors' Disclosure Statement, the outcome of the Litigation will fundamentally shape the Debtors' Plan. Class 3 of the Plan consists solely of the allowed Aaron Unsecured Claims, if any, and Class 4 of the Plan consists solely of the allowed Weston Unsecured Claims, if any. The claims in both Class 3 and Class 4 are heavily disputed by the Debtors. Within the Aaron Action, the Debtors seek recovery of substantial claims against the Aarons, as well as full disallowance of the Disputed Unsecured Claims. As reflected in both the Debtors' Schedules, the other claims against the Debtors are small in comparison to the Disputed Unsecured Claims. The Disputed Unsecured Claims, as filed, assert and unknown amount. However, the Original Petition filed in the Weston Action and attached to the Weston Parties' proofs if claim states that Elizabeth Weston and Equis Equine, LLC seek "monetary relief over $1,000,000." In addition, the Fourth Amended Answer, Fourth Amended Counter-claim and Amended Third-Party Petition filed in the Aaron Action and attached to the Aaron Parties' proofs of claim state that Lori Aaron, Phillips Aaron and Aaron Ranch "seek actual damages in a minimum amount of $5,000,000" and "at least $15,000,000 in exemplary damages." Given the significance of the resolution of the Litigation to Debtors' formulation and confirmation of the Plan, the Debtors sought extension of exclusivity, and asked the Court to extend all deadlines until after trial and entry of judgment adjudication the various claims. The Court entered an order on April 2, 2018 granting the Debtors' Motion in part and scheduled a hearing on the Disclosure Statement on August 28, 2018 with the related objection deadline of August 21 and extended the Solicitation Period until October 29, 2018. Subsequently, a trial on the Litigation took place on May 29 through June 1, 2018, and June 11 through June 15, 2018. On July 6, 2018, the Court heard closing arguments from counsel for the parties in the Litigation. However, the Court has not yet entered a final judgment with respect to the Litigation. Accordingly, the Debtors request further extension of the exclusivity period to allow for entry of a final judgment on the claims in the Litigation. The Debtors also request further extension of all related dates and deadlines so that the Debtors' Plan can provide for more accurate estimation of Class 3 and Class 4 Claims and allow the Court to determine the amount due the Debtors and their estates by the Aaron Parties. The Debtors believe that such an extension is warranted given the significance of the Court's anticipated ruling affecting on the Debtors' Plan in all aspects. The Debtors assert that parties will be prejudiced by the extension of these deadlines. The Debtors believe that the extension is modest in time and is requested to allow sufficient time for entry of a final judgment in the Litigation. The Debtors further believe that their creditors will be better served by a more detailed Disclosure Statement which provides for an actual amount, if any, of the Class 3 and Class 4 Claims, as well as the actual amount of the Debtors' claims against the Aaron parties. The Debtors contend that all of the major parties recognize that the outcome of the Litigation will shape the Debtors' Plan. Since trial in the Litigation concluded in July, the Debtors anticipate that the Litigation will be resolved via entry of a final judgment in the foreseeable future which will provide certainty as to whether the Disputed Unsecured Claims or any part thereof can be allowed including the actual amount of the Debtors' claims against the Aaron parties. About Carol Rose Carol Rose, Inc. -- http://carolrose.com/-- owns a horse breeding facility in Gainesville, Texas. It provides on-site breeding, cooled semen, embryo transfer, mare care and maintenance and foaling services. It is owned by Carol Rose, a National Reined Cow Horse Association (NRCHA) and National Reining Horse Association (NRHA) breeder. Ms. Rose is the sole director and shareholder of the Debtor. Carol Rose, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Tex. Case No. 17-42058) on Sept. 19, 2017. In the petition signed by owner Carol Rose, the Debtor estimated assets of $10 million to $50 million and liabilities of less than $500,000. Judge Brenda T. Rhoades presides over the case. Gardere Wynne Sewell LLP is the Debtor's bankruptcy counsel. The Debtor tapped Kelly Hart & Hallman LLP/Kelly Hart & Pitre as its special counsel. CENTRO CRISTIANO: Exit Plan to Pay $13,200 to Unsecured Creditors ----------------------------------------------------------------- Centro Cristiano Agape de Bakersfield Inc. will pay $13,200 to its general unsecured creditors under its proposed Chapter 11 plan of reorganization. According to Centro Cristiano's disclosure statement filed on Aug. 15 with the U.S. Bankruptcy Court for the Eastern District of California, it will make three semi-annual payments of $4,400, to be paid pro rata among the five creditors holding $13,000 in general unsecured claims. The first payment is due by Jan. 31, 2019. The second payment will be made on or before July 31, 2019 and the final payment will be made on or before Jan. 31, 2020. Funding of the plan will come from the operation of Centro Cristiano's business, according to the disclosure statement. A copy of the disclosure statement is available for free at: http://bankrupt.com/misc/caeb18-11990-44.pdf About Centro Cristiano Agape de Bakersfield Centro Cristiano Agape de Bakersfield Inc., filed a Chapter 11 petition (Bankr. E.D. Cal. Case No. 18-11990) on May 18, 2018, estimating under $1 million in assets and liabilities. The Debtor tapped the Law Office of D. Max Gardner as its legal counsel. CH HOLD: Moody's Affirms B2 CFR & B2-PD PDR, Outlook Stable ----------------------------------------------------------- Moody's Investors Service affirmed all ratings of CH Hold Corp.'s including its B2 Corporate Family Rating and B2-PD Probability of Default Rating. The outlook remains stable. "Today's ratings affirmation and stable outlook reflects Caliber's strong operating trends which have resulted in improved credit metrics, led by leverage falling below 6.5 times," stated Moody's Vice President Charlie O'Shea. "Caliber's credit profile continues to improve following its $105 million dividend to shareholders in the beginning of fiscal 2017, and solid industry fundamentals should continue to support solid top line and operating income growth over the next 12-18 months." Outlook Actions: Issuer: CH Hold Corp. Outlook, Remains Stable Affirmations: Issuer: CH Hold Corp. Probability of Default Rating, Affirmed B2-PD Corporate Family Rating, Affirmed B2 Senior Secured 1st Lien Revolving Credit Facility, Affirmed B1 (LGD3) Senior Secured 1st Lien Term Loans, Affirmed B1 (LGD3) Senior Secured 2nd Lien Term Loan, Affirmed Caa1 (LGD5) RATINGS RATIONALE Caliber's B2 Corporate Family Rating reflects its leading market position in the highly fragmented collision repair sub-sector and its strong relationships with national and major insurance carriers which represent the vast majority of its revenue. The rating also reflects the company's credit metrics, with leverage on a debt/EBITDA basis at 6.3x and modest coverage on a EBIT/Interest basis at around 1.0x for the twelve month period ending June 2018. Moody's expects credit metrics to modestly improve in the intermediate term as the company continues to execute its footprint expansion and leverages its increased scale, and benefits from strong industry fundamentals which should support a stable demand for its services. In addition, the rating reflects the company's aggressive growth strategy and financial policies, and its adequate liquidity profile. The stable outlook reflects its expectation that Caliber will continue to execute its business expansion strategy, resulting in meaningful growth in revenue over the next 12-24 months while modestly improving EBITDA margins. Pro-forma credit metrics are estimated to improve over the period, although reported metrics could be lumpy as the company continues to take on debt to fund expansion activity, with the EBITDA "lag" driving the leverage and interest coverage profile. Moody's expects leverage to settle below 6 times over time as new acquisitions become smaller in proportion to the overall company, with interest coverage (EBIT/Interest Expense) to settle in the mid 1 times range. Ratings could be upgraded if the company can sustainably grow its topline and EBITDA margins resulting in debt/EBITDA around 5.5x and EBIT/interest around 2.0 times. An upgrade would also require at least a good liquidity profile and an expectation that financial policy surrounding shareholder returns would support credit metrics at those levels. Ratings could be downgraded if the company's operating performance worsens or aggressive financial policies resulted in debt/EBITDA sustained above 6.5 times or EBIT/interest was maintained below 1.0 times, or if liquidity were to deteriorate for any reason. CH Hold Corp. is an provider of automobile collision repair services in the Unites States, doing business as Caliber Collision. As of March 31, 2018 the company operated 570 repair centers across 17 states. Annual revenues are approximately $2.0 billion. The company is majority owned by OMERS Private equity. CHOICE HOTELS: S&P Places 'BB+' Issuer Credit Rating on Watch Pos. ------------------------------------------------------------------ S&P Global Ratings placed its 'BB+' issuer credit rating and senior unsecured ratings on Choice Hotels International Inc. on CreditWatch with positive implications. S&P said, "The CreditWatch placement reflects the possibility that we could raise our ratings on Choice after reassessing the company's financial risk. In our view, an acquisition large enough to increase Choice's leverage to above its leverage policy maximum of 4x adjusted debt-to-EBITDA may be unlikely, and if such an acquisition did occur, the company could plausibly reduce leverage below 4x within a relatively short time frame. "We will resolve the CreditWatch placement over the next few months once we have concluded our reassessment of financial risk for Choice, including the plausibility of potential large acquisition targets that could raise leverage above 4x over the next two years, and whether Choice currently has sufficient cushion in credit measures to accommodate such an acquisition. We will also consider our improved forecast for FFO-to-debt following several years of FFO growth." CLAIRE'S STORES: Plan Filing Exclusivity Extended Until Oct. 15 --------------------------------------------------------------- The Hon. Mary F. Walrath of the U.S. Bankruptcy Court for the District of Delaware, at the behest of Claire's Stores Inc. and its affiliates, has extended the Exclusive Plan Filing Period through and including Oct. 15, 2018, and the Exclusive Plan Solicitation Period through and including Dec. 14, 2018. About Claire's Stores Claire's Stores, Inc. -- http://www.clairestores.com/-- is a specialty retailer of jewelry, accessories, and beauty products for young women, teens, "tweens," and kids. Through the Claire's brand, the Claire's Group has a presence in 45 nations worldwide, through a total combination of over 7,500 Company-owned stores, concessions locations, and franchised stores. Headquartered in Hoffman Estates, Illinois, the Company began as a wig retailer by the name of "Fashion Tress Industries" founded by Rowland Schaefer in 1961. In 1973, Fashion Tress Industries acquired the Chicago-based Claire's Boutiques, a 25-store jewelry chain that catered to women and teenage girls. Following that acquisition, Fashion Tress Industries changed its name to "Claire's Stores, Inc." and shifted its focus to a full line of fashion jewelry and accessories. In 2007, the Company was taken private and acquired by investment funds affiliated with, and co-investment vehicles managed by, Apollo Management VI, L.P. Claire's Group employs approximately 17,000 people globally. Claire's Stores, Inc., and 7 affiliates sought Chapter 11 protection (Bankr. D. Del. Case No. 18-10584) on March 19, 2018, after reaching terms of a balance sheet restructuring with their first lien lenders and sponsor Apollo Global Management, LLC. As of Oct. 28, 2017, Claire's Stores reported $1.98 billion in total assets against $2.53 billion in total liabilities. The Hon. Brendan Linehan Shannon is the case judge. The Debtors tapped Weil, Gotshal & Manges LLP as their bankruptcy counsel; Richards, Layton & Finger, P.A. as local counsel; FTI Consulting as restructuring advisor; Lazard Freres & Co. LLC as investment banker; Hilco Real Estate, LLC as real estate advisor; and Prime Clerk as claims agent and administrative advisor. CM RESORT MANAGEMENT: Voluntary Chapter 11 Case Summary ------------------------------------------------------- Affiliated companies that have filed voluntary petitions seeking relief under Chapter 11 of the Bankruptcy Code: Debtor Case No. ------ -------- CM Resort Management LLC 18-43290 75001 IH-20 Gordon, TX 76453 Destination Development Partners, Inc. 18-43292 75001 IH-20 Gordon, TX 76453 Destination Development Community III, Ltd. 18-43294 75001 IH-20 Gordon, TX 76453 Business Description: The Debtors are privately held commercial real estate development firms based in Gordon, Texas. Chapter 11 Petition Date: August 27, 2018 Court: United States Bankruptcy Court Northern District of Texas (Ft. Worth) Judge: Debtors' Counsel: Gerrit M. Pronske, Esq. PRONSKE GOOLSBY & KATHMAN, P.C. 2701 Dallas Parkway, Suite 590 Plano, TX 75093 Tel: (214) 658-6500 Fax: 214-658-6509 Email: gpronske@pgkpc.com Estimated Estimated Assets Liabilities ---------- ------------ CM Resort Management LLC $0 to $50K $10M to $50M Destination Development Partners $0 to $50K $10M to $50M Destination Development Community $0 to $50K $10M to $50M The petition was signed by Mark Ruff, member and authorized agent. The Debtors failed to incorporate in the petitions lists of their 20 largest unsecured creditors. Full-text copies of the petitions are available for free at: http://bankrupt.com/misc/txnb18-43290.pdf http://bankrupt.com/misc/txnb18-43292.pdf http://bankrupt.com/misc/txnb18-43294.pdf CONDUENT INC: S&P Affirms BB Issuer Credit Rating, Outlook Stable ----------------------------------------------------------------- S&P Global Ratings affirmed its 'BB' issuer credit rating on Florham Park, NJ–based Conduent, Inc. and removed the rating from CreditWatch with positive implications, where S&P placed it on June 6, 2018. The rating outlook is stable. S&P said, "We also affirmed our 'BB+' issue-level rating and '2' recovery rating on the company's first-lien debt, which consists of a recently amended $750 million revolving credit facility due 2022, a $700 million Term Loan A due 2022, and an $840 million Term Loan B facility due 2023. In addition, we upgraded the issue-level rating on the company's senior unsecured notes to 'BB-' from 'B+' due to debt repayments, and the recovery rating to '5' from '6'. We removed all of our ratings on Conduent's debt from CreditWatch with positive implications, where we placed them on June 6, 2018." Conduent recently announced a portfolio strategy which has helped transform its capital structure, while refocusing its core business to better serve customers, which include Fortune 100 companies and over 500 government entities. The company plans to continue to divest non-core businesses that are not aligned with this strategy. It will use most of the proceeds from those asset sales to pay down debt. S&P said, "Our stable outlook on Conduent Inc. ratings reflects our expectation of revenue declines through 2018 due to continued divestitures, partially offset by margin improvement from cost management initiatives and the impact of contract remediation. We project debt to EBITDA to remain relatively unchanged over the next 12 to 18 months, in the low-3x to high-2x area. "We could raise the ratings if Conduent continues to execute its business plan, including resuming growth, while maintaining EBITDA margins in the mid-teens percentage area on an adjusted basis. In addition, we would like to see the company continue to apply asset sale proceeds to debt repayment to maintain debt to EBITDA in the mid-2x area. Under this scenario, we also expect the company to stabilize its segments and pursue a disciplined acquisition strategy to enhance its technologies, capabilities, IP, and automation. To receive strong consideration for an upgrade, we would also need to have greater visibility into the potential impact of the pending litigation and a view that a potential settlement would not adversely affect liquidity or credit metrics. "We could lower the rating if performance falls below our expectations, potentially due to escalating competition, with margins deteriorating significantly from current levels. We would also consider lowering the rating if management's financial policy commitment wanes, perhaps as a result of large debt-financed acquisitions, causing debt to EBITDA to rise to above 4x on a sustained basis, with free operating cash flow (FOCF) to debt in the mid-single-digit percentage area. Although less likely, we could also lower the rating if an unfavorable ruling pertaining to the litigation significantly weakens credit metrics and free cash flow." CONTINENTAL EXPLORATION: Trustee Selling Interest in Oil/Gas Wells ------------------------------------------------------------------ Jason R. Searcy, the Chapter 11 trustee of Continental Exploration, LLC, asks the U.S. Bankruptcy Court for the Eastern District of Texas to authorize the sale of small working interests in the oil and gas wells operated by Escudo Oil & Gas, LLC to Escudo in exchange for the assumption of the unpaid ad valorem taxes, the release of and payment to the estate of $586, and a waiver of any claim for other amounts due and owing. A portion of the Debtor's estate consists of the Property. Most of the wells are not currently profitable. The Trustee has been tendered an offer by Escudo to the purchase of such properties which. The Trustee desires to accept the Offer and sell the Property to Escudo. The sale will be in the best interest of the estate. A copy of the offer attached to the Motion is available for free at: http://bankrupt.com/misc/Brookstone_Holdings_100_Sales.pdf Objection deadline is within 21 days from the date of service. The Purchaser: Brian Lingard, President ESCUDO OIL & GAS, LLC Telephone: (281) 822-7777 E-mail: ellaleelane@yahoo.com About Continental Exploration Continental Exploration, LLC, sought Chapter 11 protection (Bankr. E.D. Tex. Case No. 15-41607) on Sept. 2, 2015, estimating assets and liabilities of less than $50,000. Eric A. Liepins, Esq., at Eric A. Liepins P.C., served as the Debtor's counsel. On Jan. 4, 2016, Jason R. Searcy was appointed as the Debtor's Chapter 11 trustee. The trustee tapped his own firm, Searcy & Searcy, P.C., as counsel. Mr. Searcy also hired Gollob Morgan Peddy & Co., P.C. as accountant, and EnergyNet.com to sell certain oil and gas interests online. CTON CORPORATION: Hires ShemanoLaw as Bankruptcy Counsel -------------------------------------------------------- CTON Corporation sought and obtained authority from the United States Bankruptcy Court for Central District of California in Los Angeles to employ David B. Shemano as its bankruptcy counsel. The Shemano Law Firm will perform these services: (a) advise and counsel the Debtor regarding matters of bankruptcy law; (b) represent the Debtor regarding its legal rights and responsibilities under the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure, the Local Bankruptcy Rules, and the United States Trustee Notices and Guidelines, and assist the Debtor in the administration of its bankruptcy estate; (c) advise the Debtor with respect to the negotiation, preparation and confirmation of a plan of reorganization; (d) represent the Debtor in proceedings or hearings before the Bankruptcy Court in matters involving bankruptcy law or in litigation in the Bankruptcy Court in matters relating to bankruptcy law; (e) assist the Debtor in the preparation of reports, accounts, applications and orders involving matters of bankruptcy law; and (f) provide other services as are typically rendered by counsel for a debtor-in-possession in a chapter 11 case. The Firm received a $25,000 payment from the Debtor as a prepetition retainer. The Firm had rendered legal services and incurred expenses on behalf of the Debtor in the amount of $22,342.50, which amount was paid prepetition from the retainer, leaving $2,657.50 as a retainer. On June 8, 2018, the Firm received an additional $25,000 payment from the Debtor as an advance of attorneys' fees and costs to be incurred on behalf of the Debtor during the chapter 11 case. The Firm and Mr. Shemano do not hold or represent an interest adverse to the estate and do not have any connection with the Debtor, the creditors, or any other party in interest in this case, or their respective attorneys or accountants. In matters unrelated to the Debtor's bankruptcy case, the Firm or Shemano may (in the past, currently or in the future): (i) represent one or more creditors of the Debtor or other parties in interest in the Debtor's bankruptcy case, (ii) serve as co-counsel or otherwise work with one or more of the professionals employed by the estate or other parties in interest, or (iii) socialize with one or more of the parties in interest and/or their professionals. The Firm does not believe its relationships, as described above, constitute an actual or potential conflict. The Firm attests it is a "disinterested person," as that term is defined in section 101(14) of the Bankruptcy Code. ShemanoLaw can be reached at: David B. Shemano SHEMANOLAW 1801 Century Park East, Suite 1600 Los Angeles, CA 90067 Tel: (310) 492-5033 Email: dshemano@shemanolaw.com About CTON Corporation CTON Corporation -- https://www.ctonlab.com/ -- which also operates under the name C-Ton Laboratory, operates in the medical laboratory industry. Located in Torrance, California, C-Ton Lab offers a wide range of services including chemical, immunology, toxicology, hormones and tumor marker tests. CTON Corporation sought protection under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 18-16692) on June 10, 2018. In the petition signed by its president/chief executive officer, Issam "Sam" Kabbani, the Debtor estimated assets as of June 8, 2018 is $566,479 and liabilities as of June 8, 2018 is $1,690,930. Judge Hon. Barry Russel presides over the case. David B. Shemano, Esq. at ShemanoLaw is the Debtor's counsel. CYPRESS URGENT: Hires McClelland Advocacy as Special Counsel ------------------------------------------------------------ Cypress Urgent Care, Inc., and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the Central District of California to employ McClelland Advocacy, LDT, as special counsel to the Debtor. Cypress Urgent requires McClelland Advocacy to advise and assist the Debtors regarding the potential formation of a new mode of health care delivery, the direct primary care. The direct primary care is an atypical payment arrangement between patient and doctor for primary care services rendered a model in which patients also pay monthly or annual fees for increased access to their providers. The direct primary care eliminates visit-based billing, which would significantly reduce the operating costs associated with the billing process. McClelland Advocacy will be paid at the hourly rate of $250-$525. McClelland Advocacy will also be reimbursed for reasonable out-of-pocket expenses incurred. Michael D. McClelland, a partner of McClelland Advocacy, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. McClelland Advocacy can be reached at: Michael D. McClelland, Esq. MCCLELLAND ADVOCACY, LDT 6520 Lonetree Blvd., Suite 134 Rocklin, CA 95765 Tel: (916) 847-6891 E-mail: mmcclel@gmail.com About Cypress Urgent Care Hoag Urgent Care-Tustin, Inc., and its affiliates operate five urgent care clinics located throughout Southern California. Hoag Urgent Care-Tustin and its affiliates filed Chapter 11 bankruptcy petitions (Bankr. C.D. Cal. Case No. 17-13077) on Aug. 2, 2017. In the petitions signed by Dr. Robert C. Amster, president, the Debtors estimated assets and liabilities of $1 million to $10 million. Judge Theodor Albert presides over the cases. The Debtors hired Baker & Hostetler LLP as legal counsel; McClelland Advocacy, LDT, as special counsel; Keen-Summit Capital Partners LLC as investment banker; and Grobstein Teeple LLP as their accountants. On Sept. 21, 2017, Constance Doyle was duly appointed as the patient care ombudsman for Hoag Urgent Care-Tustin, Inc. and its affiliates. On Feb. 26, 2018, Tamar Terzian was appointed as the successor PCO in this case. DANIELA MARIA ROSA: Court Narrows Claims in Suit vs Wells Fargo --------------------------------------------------------------- Defendant, Wells Fargo Bank, N.A., filed a motion to dismiss the adversary complaint captioned DANIELA MARIA ROSA, Plaintiff, v. WELLS FARGO, Defendant, Adv. Pro. No. 17-01664 (CMG)(Bankr. D.N.J.) for failure to state a claim. At issue is whether Wells Fargo violated the Real Estate Settlement Procedures Act, 12 U.S.C. section 2601 et seq., ("RESPA") and Regulation X by failing to properly calculate Rosa's income when evaluating her application for loss mitigation, and failing to correct those errors when noticed by Rosa. Because the failure to correctly evaluate a loss mitigation option is not a covered error under 12 C.F.R. section 1024.35(b), Bankruptcy Judge Christine M. Gravelle grants the motion as to any claims arising under that section. However, Rosa has stated a claim for noncompliance with the provisions of 12 C.F.R. section 1024.41(h), and, therefore, Judge Gravelle denies the motion as to any claims arising under that section. A borrower submits a loan modification application. A servicer issues a denial. There is a discrepancy which the borrower brings to the attention of the servicer. Had the servicer shown even a modicum of respect for the borrower or her well-articulated concerns, this matter would have been resolved some time ago. Instead, the servicer has insisted upon toeing the line of bare minimum compliance with RESPA. While it remains to be seen whether Wells Fargo strictly complied with the statute and regulations, its unwillingness to provide any transparency now requires that its attention and resources be devoted to the defense of this lawsuit. There is some frustration in the fact that while section 1024.35 provides specific stricter safeguards for error resolution procedures, it does not apply to loss mitigation evaluations. Instead, section 1024.41 controls those evaluations. Within that section servicers are given great discretion on how they evaluate loan modification applications. It should not be too much to ask, considering the wide latitude which they enjoy, for servicers to be able to articulate answers to reasonable inquiries regarding those applications. Doing so would demonstrate unequivocal compliance with RESPA and would eliminate the need for actions such as the present adversary proceeding. Irrespective of these feelings, the Court nonetheless finds that failure to correctly evaluate a loss mitigation application is not a covered error under section 1024.35(b), and therefore Rosa has not stated a claim under that section. However, Rosa has presented facts sufficient to call into question whether Wells Fargo conducted an independent evaluation her the Appeal Letter as required under section 1024.41(h), and the motion to dismiss any claim arising under that provision is denied. A full-text copy of the Court's Opinion dated August 9, 2018 is available at https://bit.ly/2N7IvLG from Leagle.com. Daniela Maria Rosa, Plaintiff, represented by Andy Winchell -- andy@winchlaw.com -- Law Offices of Andy Winchell PC. WELLS FARGO, Defendant, represented by Henry Falkner Reichner, Reed Smith LLP. Daniela Maria Rosa filed for chapter 11 bankruptcy protection ( Bankr. D.N.J. Case No. 17-27826) on August 31, 2017, and is represented by Andy Winchell, Esq. of the Law Offices of Andy Winchell PC. DDC GROUP: Hires Unchained Financial as Outside Accountant ---------------------------------------------------------- DDC Group, Inc., seeks authority from the U.S. Bankruptcy Court for the Central District of California to employ Unchained Financial Services Inc., as outside accountant to the Debtor. DDC Group requires Unchained Financial to: a. advice and assist the Debtors regarding compliance with the requirements of the U.S. Trustee including most importantly the Monthly Operating Reports; b. provide Monthly Bookkeeping and reconciliations using job costing and classification; c. assist in the clean-up of the Debtors' Accounts Payables; d. provide Accounts Receivables services; e. provide financial review and projections as requested by the Debtors; f. finalize 2017 tax returns; g. continue to follow up regarding past due payroll taxes to work towards settlement and possible abatement of penalties; h. provide accounting guidance through possible restructure; i. render special restructure reporting as needed; j. provide Virtual Filing Cabinet for all documents received or produced; k. review documents for potential savings and cash flow improvement options; l. continue to communicate the Debtors to ensure complete knowledge regarding the Debtors' finances; and n. perform such other services as the Debtor may require. Unchained Financial will be paid a flat fee of $5,500 per month. Unchained Financial was paid $5,500 on June 13, 2018 and will be paid on the tenth of each month thereafter. Abbilene Overton, chief financial officer of Unchained Financial Services Inc., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. Unchained Financial can be reached at: Abbilene Overton UNCHAINED FINANCIAL SERVICES INC. 8560 W. Sunset Blvd., Suite 400 West Hollywood, CA 90069 Tel: (844) 222-9653 About DDC Group DDC Group, Inc., is a full-service general contractor in Los Angeles, California, specializing in expedited development service for restaurants & retailers. DDC Group filed a Chapter 11 petition (Bankr. C.D. Cal. Case No. 18-17029) on June 18, 2018. In the petition signed by Slava Borisov, president, the Debtor estimated up to $50,000 in assets and $1 million to $10 million in liabilities. The case is assigned to Judge Sheri Bluebond. M Jonathan Hayes, Esq., of Simon Resnik Hayes LLP, is the Debtor's counsel. DELUXE ENTERTAINMENT: S&P Places 'B-' ICR on CreditWatch Negative ----------------------------------------------------------------- S&P Global Ratings placed all of its ratings on Burbank, Calif.-based Deluxe Entertainment Services Group Inc. on CreditWatch with negative implications. The CreditWatch negative placement reflects Deluxe's weaker-than-expected operating performance in the first half of 2018, which required its owner MacAndrews & Forbes to provide it with an equity cure for its consolidated total net leverage covenant in the most recent quarter ended June 30, 2018. S&P said, "We forecast that the company will likely require another cure in the next quarter (ending Sept. 30, 2018) and an additional cure when the covenant steps down in the first quarter of 2019. We expect Deluxe to use the line of credit provided by MacAndrews & Forbes to cure its expected Sept. 30, 2018, covenant violation; however, the company is only allowed to use an equity cure twice in any four consecutive quarters. Furthermore, we believe that Deluxe's weak operating performance and very high adjusted leverage (at above 10.0x) have heightened the refinancing risks associated with its ABL facility due November 2019 and its senior secured first-lien term loan due February 2020." S&P said, "We plan to resolve our CreditWatch negative placement on Deluxe over the next 60-90 days. In resolving the CreditWatch placement, we expect to meet with the company to discuss its progress on any potential credit agreement amendments, refinancings, or recapitalization plans. We would also discuss management's operating plan to curtail its cash flow deficits. We will then reassess the company's ability to maintain its covenant cushion and meet its fixed-charge obligations over time. We could lower our rating on Deluxe by up to two notches if we expect that its ABL revolver or term loan to become a current liability or if the company makes limited progress on remediating its near-term covenant violation and refinancing risks." DOUGLAS JEFFERIES: Court Rejects Bid to Impose Automatic Stay ------------------------------------------------------------- Bankruptcy Judge S. Martin Teel, Jr., entered an order denying Debtor Douglas George Jefferies' emergency motion to impose the automatic stay in the bankruptcy case captioned In re DOUGLAS GEORGE JEFFERIES, Chapter 11, Debtor, Case No. 18-00545 (Bankr. D.D.C.). The debtor seeks the imposition of the automatic stay pursuant to 11 U.S.C. 362(c)(4)(B) in order to avoid a foreclosure sale of his property. The debtor asserts that the automatic stay has not arisen in this case because he has had two cases dismissed within the last year. However, the debtor's first case, was not dismissed, but was closed upon the issue of a Final Decree. 11 U.S.C. sections 362(c)(3) and (4) are designed to stop serial filings where cases are "dismissed" not "closed" and therefore, 11 U.S.C. section 362(c)(4) would not apply in this case. The property in question, 2220 Q Street, NW, Washington, D.C. 20008, is not subject to the automatic stay under the court's Order Disposing of Motion for Relief from the Automatic Stay issued in the debtor's most recent bankruptcy case. Accordingly, while 11 U.S.C. section 362(c)(4) does not apply to cause the automatic stay to not arise, nevertheless the automatic stay does not arise under the court's previous order. Furthermore, the debtor has not filed his motion to set an expedited hearing within a reasonable period of time ahead of the scheduled foreclosure sale. As a matter of due process, given the context of the relief sought, the motion is one that ought not be granted without notice and a hearing even though Rule 60 does not expressly require notice and a hearing. A copy of the Court's Memorandum Decision and Order dated August 9, 2018 is available at https://bit.ly/2MQq2GE from Leagle.com. Douglas George Jefferies, Debtor In Possession, represented by Steven H. Greenfeld -- steveng@cohenbaldinger.com -- Cohen, Baldinger & Greenfeld LLC. U. S. Trustee for Region Four, U.S. Trustee, represented by Joseph A. Guzinski , U. S. Trustee's Office. Douglas George Jefferies filed for chapter 11 bankruptcy protection (Bankr. D.D.C. Case No. 18-00545) on August 8, 2018, and is represented by Steven H. Greenfeld, Esq. of Cohen, Baldinger & Greenfeld LLC. DOWNSTREAM DEVELOPMENT: S&P Affirms B ICR & Alters Outlook to Neg. ------------------------------------------------------------------ S&P Global Ratings affirmed its 'B' issuer credit rating on Downstream Development Authority. At the same time, the ratings outlook was revised to negative from stable. The 'B' issue-level rating on DDA's outstanding $270 million senior notes is also unchanged. S&P said, "The negative outlook reflects recent operating underperformance and a downward revision to our EBITDA forecast through 2019, primarily due to revenue and cost pressures stemming from an aggressive marketing campaign by a relatively new competitor in DDA's gaming market. As a result, we expect that EBITDA coverage of fixed charges (defined as EBITDA less capital spending less tribal distributions divided by interest expense plus scheduled debt amortization) will be very weak and close to 1x over the next several quarters. Through the nine months ended June 2018 (fiscal year-end is Sept, 30), DDA's reported EBITDA is down a moderate 7%. However, DDA typically operates with only a moderate EBITDA cushion compared to its fixed charges and it can rely on surplus cash balances if necessary. We believe that further EBITDA underperformance over the next year, compared to our current base case forecast, could impair DDA's ability to meet its fixed charge obligations with EBITDA and cause it to use some of its surplus cash balances, possibly straining liquidity. "The negative outlook reflects our forecast for very thin EBITDA coverage of fixed charges over the next several quarters. We believe that any further deterioration of DDA's EBITDA would impair DDA's ability to meet its fixed charge obligations with EBITDA and cause it to use some of its surplus cash balances, possibly straining liquidity. In addition, in the event we believe lenders would not be amenable to waiving and amending covenants, we would lower the ratings." Downside Scenario S&P said, "We would lower ratings if DDA begins to strain its liquidity by drawing on surplus cash to meet its fixed charge obligations or if we lost confidence in the company's ability to receive an amendment ahead of a forecasted covenant breach. We believe either scenario could happen if, barring a reduction in its fixed charge base, EBITDA were to continue declining over the next several quarters." Upside Scenario S&P is unlikely to revise the outlook to stable until DDA begins to grow EBITDA again and builds in and sustains an adequate cushion in its EBITDA coverage of fixed charges ratio, which it defines as at least 1.1x. DYNAMIC INTERNATIONAL: Bankr. Court Dismisses Port Authority's Suit ------------------------------------------------------------------- The adversary proceeding captioned The Port Authority of New York and New Jersey, Plaintiff, v. Dynamic International Airways, LLC, Defendant, Adv. Pro. No. 18-2011 (Bankr. M.D.N.C.) came before the Court on June 25, 2018 to consider the Motion to Dismiss Complaint filed by Dynamic International Airways, LLC on April 27, 2018. After considering the Motion to Dismiss Complaint, the Supplement to Motion to Dismiss Complaint, the arguments of counsel, the record in this proceeding, and other matters of record in the Debtor's main bankruptcy case, Bankruptcy Judge Catharine R. Aron granted the motion to dismiss the complaint. On March 28, 2018, the Plaintiff instituted the adversary proceeding, requesting that the Court: (1) enter judgment against the Defendant, or the un-reorganized debtor, in the amount of $498,629.37 for pre-petition Passenger Facility Charges (PFCs) from passengers enplaned at JFK between November 2014 and July 2017, or (2) enter an order that the $498,629.37 be set aside and withheld from distribution. On April 27, 2018, the Defendant filed its Motion to Dismiss Complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The motion asserts that the Complaint should be dismissed with prejudice because plan confirmation bars the Plaintiff from attempting to revisit the treatment of its claim for PFCs. While the Plaintiff insists that the adversary proceeding may proceed notwithstanding the procedural posture of the Chapter 11 Case, the Court disagrees. "'A bankruptcy court's order of confirmation is treated as a final judgment with res judicata effect,' binding the parties by its terms and precluding them 'from raising claims or issues that they could have or should have raised before confirmation.'" "Thus, "federal courts have consistently applied res judicata principles to bar a party from asserting a legal position after failing, without reason, to object to the relevant proposed plan of reorganization or to appeal the confirmation order." Res judicata encompasses two related concepts, claim preclusion and issue preclusion. Claim preclusion occurs when: 1) the prior judgment was final and on the merits, and rendered by a court of competent jurisdiction in accordance with the requirements of due process; 2) the parties are identical, or in privity, in the two actions; and, 3) the claims in the second matter are based upon the same cause of action involved in the earlier proceeding. In the context of this adversary proceeding, the Court finds that all three claim preclusion criteria are satisfied. First, the Confirmed Plan constitutes a final judgment on the merits, issued based on proper jurisdiction. The deadline to appeal the Confirmed Plan has passed, and the plan has been substantially consummated. The Plaintiff also participated in the Chapter 11 Case by filing two proofs of claim17 and received notice of: (1) the Defendant's Schedule E/F, wherein it was listed as the holder of a disputed, unsecured, non-priority claim, (2) the Defendant's notifications of disputed, contingent, and/or liquidated claims, wherein it was twice listed as the holder of a disputed, unsecured, non-priority claim, (3) the Disclosure Statement, (4) the Third Amended Plan, (5) the ballot for Class 5 General Unsecured Claims, and (6) the Confirmation Hearing. Thus, the Plaintiff qualifies as a party for purposes of former adjudication under res judicata. Finally, the Plaintiff's claim in this adversary proceeding stems from the same cause of action at issue in the Confirmation Hearing; the claim revolves around the same facts which gave rise, in part, to the Confirmed Plan. In short, the Plaintiff already asserted the claim it now seeks to re-characterize as a right to trust fund monies in Claim Number 109. Claim Number 109 explicitly references PFCs for JFK and makes no reference to any secured or priority claim, or any funds held in trust; Claim Number 109 was filed as a general unsecured claim. Despite filing that unsecured claim; receiving several notifications that the Defendant considered it to be a general unsecured creditor; being implicitly classified as the holder of a Class 5 General Unsecured Claim; and receiving a ballot for Class 5 creditors, the Plaintiff failed to object to the Third Amended Plan and did not appear at the Confirmation Hearing. The Plaintiff cannot now attempt to assert that its claim in this adversary proceeding for pre-petition PFCs for JFK was not treated as a Class 5 General Unsecured Claim or otherwise object to the Confirmed Plan and its vesting of property in the reorganized debtor. If the Plaintiff disagreed with its classification under the Third Amended Plan, it should have and could have objected before confirmation. It did not, and on the effective date of the Confirmed Plan, the Plaintiff's claim was treated and discharged; no assets remain with the Defendant, an entity which, in fact, no longer exists as it previously did. Thus, the Court finds that the Plaintiff's claims are barred as a matter of law by the affirmative defense of res judicata and that the proceeding should be dismissed under Rule 12(b)(6). The bankruptcy case is in re: Dynamic International Airways, LLC, Debtor, Case No. 17-10814 (Bankr. M.D.N.C.). A full-text copy of the Court's Order dated August 6, 2018 is available at https://bit.ly/2NaGsXj from Leagle.com. The Port Authority of New York and New Jersey, Plaintiff, represented by Brian Patrick Hodgkinson, The Port Authority of New York New Jersey Law Department. Dynamic International Airways, LLC, Defendant, represented by Daniel C. Bruton -- dbruton@belldavispitt.com -- Bell, Davis & Pitt, P.A. & Erick T. Gjerdingen, Garman Turner Gordon, LLP. About Dynamic International Airways Dynamic International Airways, LLC, owns and operates a full-service aviation enterprise, and is a licensed and certificated air carrier. It was formed in 2010 and operates in High Point, North Carolina. The Debtor sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D.N.C. Case No. 17-10814) on July 19, 2017. The case is assigned to Judge Catharine R. Aron. At the time of the filing, the Debtor disclosed that it had estimated assets of $10 million to $50 million and liabilities of $50 million to $100 million. The Debtor hired Bell Davis & Pitt, PA, and Garman Turner Gordon LLP, as attorneys, and MJAC L.L.C., dba Allison Consulting, as financial advisor. An official committee of unsecured creditors has been appointed in the Debtor's case. The committee hired Saul Ewing LLP and Poyner Spruill LLP as its bankruptcy counsel, and AlixPartners, LLP, as financial advisor. EDEN HOME: Selling Two Buses for $4.7K -------------------------------------- Eden Home, Inc., asks the U.S. Bankruptcy Court for the Western District of Texas to authorize the sale of two buses: (i) 2008 Ford Supreme, VIN 1FD3E35L58DB60264, Plate No. U09243; and (ii) 2006 Ford Goshen Bus, VIN 1FDXE45P56HA97831, Plate No. U18041, for a total of $4,700. As an organization that provides healthcare and retirement housing, the Debtor owns several vehicles it uses to transport its residents, who have varying levels of mobility. Approximately 75% of its population requires a lift to ride these Buses. The Debtor has chosen to sell these Buses, in part, because the mechanical lift on each Bus is no longer operable. The two buses at issue are: a. 2008 Ford Supreme: (i) mileage - more than 200,000 miles and (ii) estimated value - $1,200; and b. 2006 Ford Goshen Bus: (i) mileage - more than 200,000 miles and (ii) estimated value - $900. Each of the Buses was acquired by the Debtor through grants from the Texas Department of Transportation ("TXDOT"); TXDOT holds the title each grant vehicle. TXDOT has approved the Debtor's disposal of the Buses (subject to certain conditions), and has issued letters (one for each Bus) to this effect dated Aug. 14, 2017. Prior to the Petition Date, the Debtor engaged New Braunfels Auction Co. to sell two buses owed by the Debtor. The parties have executive their Agreement to Conduct Auction. Pursuant to the Agreement, the Debtor will pay the Auction Company 25% of the gross sale price. The Auction Company has secured a buyer or buyers who wish to purchase the Buses for a total of $4,700. This offer is the highest and best bid received by the Auction Company. Pursuant to the Agreement, the Debtor will pay the Auction Company a 25% fee of $1,175 and receive the remaining $3,525. The sale will be free and clear of all liens, claims, interests and encumbrances. A copy of the Agreement attached to the Motion is available for free at: http://bankrupt.com/misc/Eden_Home_294_Sales.pdf A hearing on the Motion is set for Sept. 18, 2018 at 10:00 a.m. Objections, if any, must be filed within 21 days from the date of service. The Auction Company: NEW BRAUNFELS AUCTION CO. Estate Sale Division 1265 Industrial Drive Suite A New Braunfels, TX 78130 About Eden Home Located in New Braunfels, Texas, Eden Home, Inc., d/b/a EdenHill Communities -- https://www.edenhill.org/ -- is a not-for-profit, faith-based organization that provides independent living, affordable housing, assisted living, skilled nursing and rehabilitation, long-term care and memory care services. The EdenHill Communities Transportation Department provides ADA services in support of seniors and individuals with disabilities. Eden Home, Inc., filed a Chapter 11 petition (Bankr. W.D. Tex. Case No. 18-50608) on March 16, 2018. In the petition signed by Laurence P. Dahl, CEO and executive director, the Debtor estimated assets and liabilities of $10 million to $50 million. Judge Craig A. Gargotta is the case judge. Dykema Cox Smith is the Debtor's counsel; Langley & Banack, and Gravely & Pearson, L.L.P., as special counsels; Cushman & Wakefield as real estate broker. Cushman & Wakefield has entered into a Co-Broker Agreement with CF Commercial Brokerage, LLC d/b/a San Antonio Commercial Advisors. On March 26, 2018, the U.S. Trustee appointed Susan N. Goodman as the patient care ombudsman in the case. An official committee of unsecured creditors was appointed on May 30, 2018. The committee retained Martin & Drought, P.C., as counsel. ENERGY FUTURE: Dismissal of MAML, et al., Suit vs Lenders Upheld ---------------------------------------------------------------- Appellants in the case captioned MARATHON ASSET MANAGEMENT LP; POLYGON CONVERTIBLE OPPORTUNITY MASTER FUND; POLYGON DISTRESSED OPPORTUNITIES MASTER FUND, Appellants, v. WILMINGTON TRUST N.A. as First Lien Collateral Agent and First Lien Administrative Agent; ANGELO GORDON & CO. L.P.; APOLLO ADVISORS VII, L.P.; BROOKFIELD ASSET MANAGEMENT PRIVATE INSTITUTIONAL CAPITAL ADVISOR (CANADA) L.P.; JOHN DOE #1 THROUGH JOHN DOE #10, No. 17-1958 (3rd Cir.) appeal the dismissal by the Bankruptcy Court, affirmed by the District Court, of their complaint. The United States Court of Appeals, Third Circuit also affirms. Texas Competitive Electric Holdings Company LLC filed for Chapter 11 bankruptcy relief in the United States Bankruptcy Court for the District of Delaware. Lenders of $24.5 billion to TCEH were among its creditors. In an inter-creditor dispute, entities now in the shoes of those who funded a letter of credit facility ("Appellants") seek payment of certain funds before the other lenders (the "Other Lenders"). Appellants filed a complaint in the Bankruptcy Court seeking a declaration that they had priority rights to the undrawn Deposit L/C Collateral, and the Defendants-Appellees responded with a motion to dismiss. The Bankruptcy Court previously held that the conditions precedent to the 4.1 waterfall's applicability were not satisfied. As a result, it explained, the Bankruptcy Code, Court orders, and the plan of reorganization governed the distribution of the Deposit L/C Collateral. Alternatively, the Court determined that the plain language of the Intercreditor Agreement does not give Appellants any payment priority. It reasoned that the fourth level of the 4.1(b) waterfall was a catch-all designed to protect the Deposit L/C Issuer and that the Deposit L/C Obligations included only the obligations related to Deposit Letters of Credit despite the definition's failure to identify a payee expressly. The District Court affirmed. Unlike the Bankruptcy Court, the District Court, on request of the parties, did not consider whether the conditions precedent to distribution under the section 4.1 waterfall had been met. Rather, the Court focused on whether, assuming the § 4.1 waterfall applied, the Deposit L/C Lenders had a priority interest in the Deposit L/C Collateral. In that context, it relied on § 3.9 of the Credit Agreement, which distinguishes between Deposit L/C Obligations and Obligations. That section mandates that the Deposit L/C Collateral be used first to satisfy Deposit L/C Obligations associated with Citibank's Deposit Letters of Credit. Second, the Deposit L/C Collateral must be used to satisfy Deposit L/C Obligations associated with all other Deposit Letters of Credit, i.e., Deposit L/C Obligations owed to other Deposit L/C Issuers (of which there were none). Any remaining Deposit L/C Collateral would go to repay all other Obligations. The District Court reasoned that, because all Deposit L/C Obligations are satisfied under the first two steps of section 3.9, and because neither of those provisions refer to Deposit L/C Lenders, they are only owed Obligations, not Deposit L/C Obligations. With this in mind, the Court surveyed the rest of the relevant provisions in the credit documents and determined that none altered this understanding. The 4.1(b) waterfall, as noted, is a five-tier provision governing the distribution of the Deposit L/C Collateral. It provides for payment priority of all amounts currently owed on the drawn Deposit Letters of Credit and all amounts which might be owed on outstanding (i.e., then-undrawn) Deposit Letters of Credit. In other words, it is comprehensive. Payment of the amounts immediately due on the Deposit Letters of Credit is provided for by the first three levels of the waterfall. The crux of Appellants' claim--that the fourth priority is redundant if it does not provide for payment to a party other than the Deposit Letter of Credit Issuer because, by the time it is reached, Citibank has been paid all the amounts either payable or outstanding—relies on their misapprehension about contingent liability being determined. As explained above, "determining" liabilities does not convert amounts that could one day be drawn on outstanding Deposit L/Cs "at any date of determination" into "amounts due" and therefore payable under the earlier priorities. The fourth priority is there to provide for those outstanding, and contingent, amounts. Section 4.1(b) sets out provisions aimed exclusively at protecting Deposit Letter of Credit Issuers. And the fourth level, where the claimed entitlement is located, seems far from "meaningless," as Appellants argue. Citibank, as the Issuer, got continued security if any of its Deposit Letters of Credit were still outstanding. The Appellants -- successors to Lenders, not Issuers -- do not appear to fit anywhere within this scheme. The fifth priority level remits the remaining funds to the general pool of ordinary collateral for normal distribution to all Lender parties. Appellants can collect their pro rata share there, but only after Citibank is paid any amounts owed to it as the Issuer at the fourth priority level. If, as Appellants argue, nothing is needed to pay Citibank under the fourth priority level because no previously undrawn L/Cs are later drawn, so much the better, as there may be funds still in the Deposit L/C Collateral Account. But Appellants' sharing with all Lenders is pro rata, for it enjoys no payment priority over them. Section 3.9 of the Credit Agreement was dealt with in depth by the District Court. Section 3.9 explains that the purpose of the Deposit L/C Loan Collateral Account is to secure TCEH's obligations to the Deposit Letter of Credit Issuers, and then it gives those Issuers a right to be paid first from the funds in the Account. All other parties, including Appellants, are given an equal right to any remaining funds as collateral for the other Obligations. Again, Appellants' sharing with all Lenders is pro rata. The judgment of the District Court is, therefore, affirmed. A full-text copy of the Court's Opinion dated August 7, 2018 is available at https://bit.ly/2wgwXOR from Leagle.com. Philip D. Anker, Esquire -- PHILIP.ANKER@WILMERHALE.COM -- George W. Shuster, Jr., Esquire -- GEORGE.SHUSTER@WILMERHALE.COM -- (Argued) WilmerHale, 7 World Trade Center, 250 Greenwich Street, New York, NY 10007. Benjamin W. Loveland, Esquire – BENJAMIN.LOVELAND@WILMERHALE.COM -- Wilmer Cutler Pickering Hale and Dorr, 60 State Street, Boston, MA 02109, Adam G. Landis, Esquire -- landis@lrclaw.com -- Matthew B. McGuire, Esquire -- mcguire@lrclaw.com -- Landis Rath & Cobb, 919 Market Street, Suite 1800, P.O. Box 2087, Wilmington, DE 19899, Counsel for Appellants. Michael D. DeBaecke, Esquire -- debaecke@blankrome.com -- Blank Rome, 1201 Market Street, Suite 800, Wilmington, DE 19801, Mark D. Kotwick, Esquire -- kotwick@sewkis.com -- Seward & Kissel, One Battery Park Plaza, New York, NY 10004, Bradley R. Aronstam, Esquire -- baronstam@ramllp.com -- Nicholas D. Mozal, Esquire , Benjamin J. Schladweiler, Esquire , Ross Aronstam & Moritz, 100 South West Street, Suite 400, Wilmington, DE 19801, George A. Davis, Esquire , Jonathan Rosenberg, Esquire , Daniel S. Shamah, Esquire , Andrew Sorkin, Esquire , O'Melveny & Myers, 7 Times Square, Times Square Tower, 33rd Floor, New York, NY 10036, Peter M. Friedman, Esquire (Argued) O'Melveny & Myers, 1625 I Street, N.W., Washington, DC 20006, Counsel for Appellees. Neil B. Glassman, Esquire, Gian Claudio Finizio, Esquire, Bayard, P.A., 600 North King Street, Suite 400, Wilmington, DE 19801, Michael S. Kim, Esquire , Jeremey C. Hollembeak, Esquire, Kobre & Kim LLP, 800 Third Avenue, New York, NY 10022, Counsel for Amicus Curiae In Support of Appellants. About Energy Future Energy Future Holdings Corp., formerly known as TXU Corp., is a privately held diversified energy holding company with a portfolio of competitive and regulated energy businesses in Texas. Oncor, an 80 percent-owned entity within the EFH group, is the largest regulated transmission and distribution utility in Texas. The Company delivers electricity to roughly three million delivery points in and around Dallas-Fort Worth. EFH Corp. was created in October 2007 in a $45 billion leverage buyout of Texas power company TXU in a deal led by private-equity companies Kohlberg Kravis Roberts & Co. and TPG Inc. On April 29, 2014, Energy Future Holdings and 70 affiliated companies sought Chapter 11 bankruptcy protection (Bankr. D. Del. Lead Case No. 14-10979) after reaching a deal with some key financial stakeholders to keep its businesses operating while reducing its roughly $40 billion in debt. The Debtors' cases have been assigned to Judge Christopher S. Sontchi (CSS). As of Dec. 31, 2013, EFH Corp. reported assets of $36.4 billion in book value and liabilities of $49.7 billion. The Debtors had $42 billion of funded indebtedness as of the bankruptcy filing. EFH's legal advisor for the Chapter 11 proceedings is Kirkland & Ellis LLP, its financial advisor is Evercore Partners and its restructuring advisor is Alvarez & Marsal. The TCEH first lien lenders supporting the restructuring agreement are represented by Paul, Weiss, Rifkind, Wharton & Garrison, LLP as legal advisor, and Millstein & Co., LLC, as financial advisor. The EFIH unsecured creditors supporting the restructuring Agreement are represented by Akin Gump Strauss Hauer & Feld LLP, as legal advisor, and Centerview Partners, as financial advisor. The EFH equity holders supporting the restructuring agreement are represented by Wachtell, Lipton, Rosen & Katz, as legal advisor, and Blackstone Advisory Partners LP, as financial advisor. Epiq Systems is the claims agent. Wilmington Savings Fund Society, FSB, the successor trustee for the second-lien noteholders owed about $1.6 billion, is represented by Ashby & Geddes, P.A.'s William P. Bowden, Esq., and Gregory A. Taylor, Esq., and Brown Rudnick LLP's Edward S. Weisfelner, Esq., Jeffrey L. Jonas, Esq., Andrew P. Strehle, Esq., Jeremy B. Coffey, Esq., and Howard L. Siegel, Esq. On May 13, 2014, the U.S. Trustee appointed the Official Committee of TCEH Unsecured Creditors in the Chapter 11 Cases. The TCEH Committee is composed of (a) the Pension Benefit Guaranty Corporation; (b) HCL America, Inc.; (c) BNY, as Indenture Trustee under the EFCH 2037 Notes due 2037 and the PCRBs; (d) LDTC, as Indenture Trustee under the TCEH Unsecured Notes; (e) Holt Texas LTD, d/b/a Holt Cat; (f) ADA Carbon Solutions (Red River); and (g) Wilmington Savings, as Indenture Trustee under the TCEH Second Lien Notes. The TCEH Committee retained Morrison & Foerster LLP as counsel; Polsinelli PC as co-counsel and conflicts counsel; Lazard Freres & Co. LLC as investment banker; FTI Consulting, Inc., as financial advisor; and Charles River Associates as an energy consultant. On Oct. 27, 2014, the U.S. Trustee appointed the Official Committee of Unsecured Creditors representing the interests of the unsecured creditors for EFH, EFIH, EFIH Finance, and EECI, Inc. The EFH/EFIH Committee is composed of (a) American Stock Transfer & Trust Company, LLC; (b) Brown & Zhou, LLC c/o Belleair Aviation, LLC; (c) Peter Tinkham; (d) Shirley Fenicle, as successor-in-interest to the Estate of George Fenicle; and (e) David William Fahy. The EFH/EFIH Committee retained Montgomery, McCracken, Walker & Rhodes, LLP, as co-counsel and conflicts counsel; AlixPartners, LLP, as restructuring advisor; Sullivan & Cromwell LLC as counsel; Guggenheim Securities as investment banker; and Kurtzman Carson Consultants LLC as noticing agent for both the TCEH Committee and the EFH/EFIH Committee. Given the size and complexity of the Chapter 11 Cases, the U.S. Trustee proposed, and the Debtors and the TCEH Committee agreed, to recommend that the Bankruptcy Court appoint a committee to, among other things, review and report as appropriate on fee applications and statements submitted by the professionals paid for by the Debtors' Estates. The Fee Committee is comprised of four members: (a) one member appointed by and representative of the Debtors (Cecily Gooch, Vice President and Special Counsel for Restructuring, Energy Future Holdings); (b) one member appointed by and representative of the TCEH Creditors' Committee (Peter Kravitz, Principal and General Counsel, Province Capital); (c) one member appointed by and representative of the U.S. Trustee (Richard L. Schepacarter, Trial Attorney, Office of the United States Trustee); and (d) one independent member (Richard Gitlin, of Gitlin and Company, LLC). The Fee Committee retained Godfrey & Kahn, S.C., as counsel; and Phillips, Goldman & Spence, P.A., as co-counsel. On Aug. 29, 2016, Judge Sontchi confirmed the Chapter 11 exit Plans of two of Energy Future Holdings Corp.'s subsidiaries, power generator Luminant and retail electricity provider TXU Energy Inc. (the "T-Side Debtors"). The Plan became effective on Oct. 3, 2016. On Aug. 20, 2017, Sempra Energy (NYSE:SRE) announced an agreement to acquire Energy Future Holdings, the indirect owner of 80 percent of Oncor Electric Delivery Company, LLC, operator of the largest electric transmission and distribution system in Texas. Under the agreement, Sempra Energy will pay approximately $9.45 billion in cash to acquire Energy Future and its ownership in Oncor, while taking a major step forward in resolving Energy Future's long-running bankruptcy case. The enterprise value of the transaction is approximately $18.8 billion, including the assumption of Oncor's debt. On Nov. 3, 2017, the Bankruptcy Court entered an order closing the Chapter 11 cases of 40 affiliate debtors. The claims asserted against, and interests asserted in, the Closing Cases are transferred to the lead case of Texas Competitive Electric Holdings Company LLC, Case No. 14-10978. A list of the Closing Cases is available for free at: http://bankrupt.com/misc/EnergyFuture_decreeclosing40.pdf ENTRANIA SPRINGS: Hires Swindell Law as Special Counsel ------------------------------------------------------- Entrania Springs, LP, seeks authority from the U.S. Bankruptcy Court for the Northern District of Texas to employ Swindell Law Firm, P.C., as special counsel to the Debtor. Entrania Springs requires Swindell Law to represent the Debtor in a pre-petition lawsuit in Potter County, Texas involving Danny Keith Poole Trust A and Jayme Lynn Poole Trust A, in which the Debtor is named as Defendant. Swindell Law will be paid at the hourly rate of $350. Swindell Law will also be reimbursed for reasonable out-of-pocket expenses incurred. Patrick Swindell, a partner of Swindell Law Firm, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Swindell Law can be reached at: Patrick Swindell, Esq. SWINDELL LAW FIRM, P.C. 106 SW 7th Avenue Amarillo, TX 79101 Tel: (806) 374-7979 About Entrania Springs Entrania Springs, L.P., is a privately-held company located at 604 E. Keeler St. Texline, Texas. Entrania Springs sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Texas Case No. 18-20282) on Aug. 13, 2018. In the petition signed by Karen Poole, limited partner, the Debtor estimated assets of $1 million to $10 million and liabilities of $10 million to $50 million. Judge Robert L. Jones presides over the case. The Debtor hired Tarbox Law, P.C., as counsel; and Swindell Law Firm, P.C., as special counsel. EQUINOX HOME: Taps Harlow Adams as Legal Counsel ------------------------------------------------ Equinox Home Care, LLC, seeks approval from the U.S. Bankruptcy Court for the District of Connecticut to hire Harlow, Adams & Friedman, P.C. as its legal counsel. The firm will advise the Debtor regarding its duties under the Bankruptcy Code; assist in the preparation of a plan of reorganization; assist in its financial transactions; and provide other legal services related to its Chapter 11 case. The firm will charge these hourly rates: Partners $400 Associates $275 to $330 Paralegal/Legal Assistant $85 Prior to the Petition Date, Harlow received a retainer of $15,772.50. James Nugent, Esq., a partner at Harlow, disclosed in a court filing that his firm is "disinterested" as defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: James Nugent, Esq. Harlow, Adams & Friedman, P.C. One New Haven Ave. Milford, CT 06460 Phone: (203) 878-0661 About Equinox Home Care Equinox Home Care, LLC, is in the business of home health care services. Equinox Home Care filed a Chapter 11 bankruptcy petition (Bankr. D. Conn. Case No. 18-51009) on Aug. 3, 2018, disclosing less than $1 million in assets and liabilities. The Debtor tapped James M. Nugent, Esq., at Harlow Adams and Friedman, as its legal counsel. F-SQUARED INVESTMENT: Price's Bid to Junk Trustee Suits Nixed ------------------------------------------------------------- Bankruptcy Judge Laurie Selber Silverstein denied the Defendants' motions to dismiss the adversary proceedings filed against them separately by Plaintiff, Craig Jalbert, in his capacity as Trustee for F2 Liquidating Trust. The Defendants moved to dismiss the complaint for lack of personal jurisdiction, insufficient process and insufficient service of process. Defendants argue that the summonss in these cases were not "issued" as required under Federal Rule of Civil Procedure 4, and service of process was thus defective, resulting in the Court lacking personal jurisdiction over each Defendant. The process defect identified by Defendants in the Motions to Dismiss is this: the complaints were filed with the court in early July 2017, and the summonses did not appear on the respective dockets until late September 2017, when they were filed as one document with a Certificate of Service. Defendants urge that "to issue" a summons means to receive it from the Clerk and promptly file it on the docket. As Plaintiffs did not "promptly" place the summons on the dockets in these cases, Defendants argue that the summonses were invalid (or without legal force) when placed in the mail, so that service of process was defective. Defendants urge two reasons for the correctness of their position: (i) that the filing of the summons on the docket is needed to protect defendants against untoward attorney practice and/or to permit a case to be properly monitored; and (ii) that this is the practice in other courts. Neither reason convinces the Court that the issuance of a summons must include filing the summons on the docket. First, Defendants posit that if the issuance of the summons is not reflected on the docket, there is "the chance of abuse of process" (e.g. a plaintiff could assert that a summons was issued on an earlier date than it was, presumably mandating an earlier response to the complaint than otherwise necessary). Further, failing to file the summons promptly makes it more difficult for defense counsel to monitor the docket and advise their clients on relevant deadlines. Failing to file the summons promptly could also give defendants and their counsel the false impression that a summons had not yet issued. Defendants' concern about attorney fidelity (which was asserted hypothetically) cannot be solved by requiring that the summons be placed on the docket. If an officer of the court, or a plaintiff, decides to to mis-date or otherwise seek to mislead the court, it is doubtful that a filing requirement will stop them. And there are appropriate methods to address such abuses and to protect defendants if such abuses occur. But, Defendants' second concern is not without merit. Under the Civil Rules a defendant's outside response date is measured from the date of service of the summons (21 days after being served with the summons and complaint), but under the Bankruptcy Rules a defendant's outside response date is measured from the date of issuance of the summons (30 days after the issuance of the summons). Thus, the date of issuance of a summons has legal significance. Second, Defendants argue that it is the practice in other courts for the clerk to place the summons on the docket when it is issued, or at least to place a notation on the docket when it is issued. It was represented to me at the hearing that the United States District Court for the District of Delaware follows this practice. This practice appears to serve two purposes: it acts as a record for the clerk's office of the date of the issuance of the summons and it informs plaintiff's counsel that the issued summons is available to pick up for service. The first purpose is salutary and also has the effect Defendants seek while the second purpose is purely utilitarian. In fact, a comparison between the practices in District Court and Bankruptcy Court actually highlights the flaw in Defendants' argument. As Defendants' counsel related at the hearing, her clients were former employees of the Debtors who first learned of the complaints filed against them, not by service of process, but by monitoring the bankruptcy court docket. When an adversary proceeding is filed, it also appears on the docket of the main bankruptcy case. Consequently, any party actively monitoring the main bankruptcy case docket knows the moment an adversary proceeding has been filed; any defendant monitoring the docket knows he has been sued before being served with the summons and complaint. Traditional civil litigation does not work in this fashion. Potential defendants do not typically monitor civil court dockets to see if they have been sued. It is service of the complaint, not the filing of the complaint or the issuance of the summons, which triggers a defendant's obligation to respond to the lawsuit -- and thus also triggers the need to monitor the docket. Recognizing this reality, the Court is not persuaded by Defendants' position that the issuance of a summons includes a requirement that it be filed on the docket in order to be effective. While it might be a best practice for the clerk or the plaintiff's attorney to notate the issuance of a summons on the docket, there is no such requirement in the Civil Rules, the Bankruptcy Rules or the Local Rules. Accordingly, the Court concludes that Defendants' interpretation of the rule is incorrect and the issuance of the summonses in each of the captioned adversary proceedings was effective. The Motions to Dismiss are denied. The adversary proceedings are: Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Rooker Price, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Adam Graves, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Brian Doherty, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. John Greg Whitaker, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Kate Kinlin, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Lisa Quinn, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Mark Ramunno, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Michael Fardy, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Nicole Miller, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Stephen Degnan, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Walter Hartford, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. William McNamara, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Zachary Zeltsan, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Shannon Price, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Robert Gottlieb, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Evgeny Burnaev, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. William Monahan, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Alexey Panchekha, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Svitlana Senenko, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Emily Meyer, Defendant. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, v. Elena Zarubina, Defendant, Adv. Pro. No. 17-50710 (LSS)., 17-50727 (LSS), 17-50737 (LSS), 17-50771 (LSS), 17-50781 (LSS), 17-50796 (LSS), 17-50801 (LSS), 17-50810 (LSS), 17-50814 (LSS), 17-50830 (LSS), 17-50836 (LSS), 17-50838 (LSS), 17-50840 (LSS), 17-50867 (LSS), 17-50862 (LSS), 17-50667 (LSS), 17-50839 (LSS), 17-50730 (LSS), 17-50845 (LSS), 17-50757 (LSS), 17-50698 (LSS) (Bankr. D. Del.). A full-text copy of the Court's Memorandum dated August 8, 2018 is available at https://bit.ly/2OY4you from Leagle.com. Craig Jalbert, in his Capacity as Trustee for F2 Liquidating Trust, Plaintiff, represented by Jason A. Gibson, The Rosner Law Group LLC. Evgeny Burnaev, Defendant, represented by Julia Bettina Klein -- klein@kleinllc.com -- Klein LLC. About F-Squared Investment Headquartered in Wellesley, MA, F-Squared Investments, Inc. -- http://www.f-squaredinvestments.com/-- is a privately owned investment manager. The firm primarily provides its services to other investment advisers. It also caters to individuals, high net worth individuals, and pension and profit sharing plans. The firm provides index management services. It manages separate client-focused equity, fixed income, and multi-asset portfolios. The firm invests in the public equity, fixed income, and alternative investment markets across the globe. It makes all its investments through exchange-traded funds. The firm invests in small-cap stocks of companies across diversified sectors. F-Squared Investment Management, LLC, and eight of its affiliates filed Chapter 11 bankruptcy petitions (Bankr. D. Del. Lead Case No. 15-11469) on July 8, 2015. Laura Dagan, president and chief executive officer, signed the petitions. The cases are assigned to Laurie Selber Silverstein. Richards, Layton & Finger, P.A., serves as the Debtors' counsel. Gennari Aronson, LLP, represents the Debtors as special corporate counsel. Grail Advisory Partners LLC (dba PL Advisors) and Managed Account Services, LLC, act as the Debtors' financial advisors and investment bankers. Stillwater Advisory Group LLC is the Debtors' crisis managers and restructuring advisors. BMC Group, Inc., acts as the Debtors' claims and noticing agent. FALLS AT ELK GROVE: Hires Ray Quinne as Bankruptcy Counsel ---------------------------------------------------------- The Falls at Elk Grove, LLC, seeks authority from the U.S. Bankruptcy Court for the District of Utah to employ Ray Quinne & Nebeker P.C., as counsel to the Debtor. Falls at Elk Grove requires Ray Quinne to: a. investigate the assets, liabilities, and financial affairs of the estate, including the assets, liabilities, and financial affairs of various entities which are owned by, controlled by, or affiliated with the Debtor; b. prepare on behalf of the Debtor any necessary motions, applications, answers, orders, reports, and papers as required by applicable bankruptcy or non-bankruptcy law, dictated by the demands of the case, or required by the Bankruptcy Court, and represent the Debtor in proceedings or hearings related thereto; c. assist the Debtor in analyzing and pursuing possible business reorganizations and liquidations; d. assist the Debtor in analyzing and pursuing any proposed dispositions of assets of the Debtor's estate; e. purse claims and causes of action of the estate; f. defend the Debtor and the estate in any litigation matters which may be asserted, including the defense of motions seeking relief from automatic stay; g. review, analyze, and advise the Debtor regarding claims or causes of action to be pursued on behalf of the bankruptcy estate; h. assist the Debtor in providing information to creditors and other parties in interest; i. review, analyze, and advise the Debtor regarding the retention of any further professionals that may be necessary to investigate and analyze assets of the estate; j. review, analyze, advise the Debtor regarding fee applications or other issues involving professional compensation in the Chapter 11 case; k. prepare and advise the Debtor regarding any Chapter 11 plan filed by the Debtor and advise the Debtor regarding possible Chapter 11 plans filed by other constituents in the Chapter 11 case; l. advise the Debtor regarding the possible conversion of the bankruptcy case to Chapter 7; m. assist the Debtor in negotiations with various creditor constituencies regarding treatment, resolution, and payment of creditor claims; n. review and analyze the validity of claims filed, and advise the Debtor as to the filing of objections to claims, if necessary; o. provide necessary corporate and tax advice as may be necessary concerning the Debtor and various entities owned by, controlled by, or affiliated with the Debtor; p. provide continuing legal advice with respect to the bankruptcy estate, litigation, and all other legal matters; and q. perform all other necessary legal services as may be required by the needs of the Debtor in the above-captioned case. Ray Quinne will be paid at these hourly rates: Shareholders $275 to $360 Associates $185 to $270 Paralegals $115 to $160 Ray Quinne will also be reimbursed for reasonable out-of-pocket expenses incurred. Brent D. Wride, a partner at Ray Quinne & Nebeker, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Ray Quinne can be reached at: Brent D. Wride, Esq. Michael R. Johnson, Esq. David H. Leigh, Esq. Elaine A. Monson, Esq. RAY QUINNE & NEBEKER P.C. 36 South State Street, 14th Floor Salt Lake City, UT 84111 Tel: (801) 532-1500 E-mail: bwride@rqn.com mjohnson@rqn.com dleigh@rqn.com emonson@rqn.com About The Falls at Elk Grove The Falls at Elk Grove, LLC -- TheFallsEventCenter.com/location/Elk-Grove-Ca -- is part of the Falls Consolidated Enterprise. It operates as an event center/venue for hosting conferences, company annual holiday parties, family reunions, high school proms, birthday parties, weddings and more. The Falls at Elk Grove, LLC, based in West Jordan, UT, filed a Chapter 11 petition (Bankr. D. Utah Case No. 18-25208) on July 16, 2018. In the petition signed by Brooks Pickering, manager, the Debtor estimated $10 million to $50 million in assets and $1 million to $10 million in liabilities. The Hon. Kimball R. Mosier presides over the case. Elaine A. Monson, Esq., at Ray Quinne & Nebeker P.C. serves as bankruptcy counsel. FHH PROPERTIES: Chapter 11 Trustee's Amended Disclosures Okayed --------------------------------------------------------------- Bankruptcy Judge Elizabeth W. Magner entered an order approving the Chapter 11 Trustee's amended disclosure statement, dated August 16, 2018, for FHH Properties, LLC. Sept. 27, 2018 is fixed as the last day for filing acceptances or rejections of the trustee's amended chapter 11 plan of reorganization, and the last day for filing and serving written objections to Confirmation of the trustee's amended chapter 11 plan of reorganization. A hearing on Confirmation of the trustee's amended chapter 11 plan of reorganization will be held on Sept. 27, 2018 at 3:00 p.m. The Trustee estimates that the amount of Class 2 Unsecured Claims against FNR is approximately $1.5 million. The holders of approximately $1.49 million in Unsecured Claims asserts those Claims against both Debtors. The estimated percentage recovery of holders of Class 2 Claims is 0% to 100% depending on the allowance or disallowance of the Priority Tax Claims against FNR and other Unsecured Claims. A redlined copy of the Amended Disclosure Statement from PacerMonitor.com is available at https://tinyurl.com/y96j4k98 at no charge. A copy of the original Amended Disclosure Statement from PacerMonitor.com is available at https://tinyurl.com/y8h7oxjw at no charge. About FHH Properties Each of FHH Properties and FNR Properties is a real estate company based in New Orleans, Louisiana. They are affiliated with B Express-Elysian Fields, LLC, which sought Chapter 7 bankruptcy protection on Jan. 18, 2018. Fatmah Hamdan is the 100% owner of all three businesses. FHH Properties LLC based in Gretna, LA, and FNR Properties filed a Chapter 11 petition (Bankr. E.D. La. Lead Case No. 18-10113) on Jan. 18, 2018. In the petition signed by Fatmah Hamdan, managing member and sole owner, FHH Properties estimated $1 million to $10 million in both assets and in liabilities. FNR Properties estimated $500,0000 to $1 million in both assets and in liabilities. The Hon. Jerry A. Brown presides over the cases. Robin R. De Leo, Esq., at The De Leo Law Firm, LLC, serves as bankruptcy counsel to the Debtors; and Patrick Gros CPA, APAC, as accountant. R. Patrick Sharp, III, was appointed Chapter 11 trustee for the Debtor. The Trustee hired Heller Draper Patrick Horn & Manthey, LLC, as counsel. FIRESTAR DIAMOND: US Cos. Linked to Indian Bank Scam, Examiner Says ------------------------------------------------------------------- On January 29, 2018, Punjab National Bank lodged a complaint with Indian authorities against Nirav Modi and several entities controlled by him -- alleging what has been described as the largest bank fraud in Indian history. As charged by both the criminal and civil authorities in India, Modi and his co-conspirators are alleged to have fraudulently borrowed approximately $4 billion over a period of years by manufacturing sham transactions purportedly to "import" diamonds and other gems into India using a web of more than 20 secretly controlled shell entities. On April 13, 2018, the Bankruptcy Court appointed the Examiner to determine if the three U.S. corporations indirectly owned by Nirav Modi, Firestar Diamond, Inc. ("FDI"), Fantasy, Inc. ("FI") and A. Jaffe, Inc. ("A. Jaffe") and their officers and directors were involved in the criminal conduct alleged in India. After conducting an intensive 120-day investigation, John J. Carney, the Examiner, finds substantial evidence to support the knowledge and involvement by the Debtors and their senior officers and directors, namely Mihir Bhansali and Ajay Gandhi, in the criminal conduct alleged by the Indian authorities. The Debtors are in the business of selling finished jewelry to major retailers, including Costco, J.C. Penny, Army/Navy Stores, Macy's and Zales, among others. The Examiner has uncovered that in addition to conducting their stated wholesale business, the Debtors conducted transactions totaling hundreds of millions of dollars with the foreign shell companies alleged to have been created and secretly controlled by Modi for the purpose of furthering the fraudulent banking scheme (the "Shadow Entities"). These transactions were primarily structured as purchases and sales of loose diamonds, at a volume and in a manner that is not consistent with the stated business of the Debtors. In the limited time available, the Examiner has identified tens of millions of dollars of purported diamond sales by the Debtors to various Shadow Entities, where payment can be traced to proceeds from the alleged bank fraud. The Examiner's investigation has confirmed that criminally derived proceeds from these sales flowed from India into the U.S. and in numerous instances were returned to Firestar in India or used to fund the Debtors' operations, including making payments on loans made by banks in the U.S. In addition to linking the Debtors' transactions to specific Letters of Undertaking (LOUs), the Examiner has identified numerous indicia of fraud involving the Debtors' financial reporting, inventory valuation, and operational practices surrounding these transactions. Specifically: * Diamonds sold to or purchased from Shadow Entities were routinely shipped out the same day or within days after arrival, without ever being opened or inspected by employees to ascertain the contents of the packets, in contrast to shipments that were made to or received from non-Shadow Entities. * Certain specific high-value diamonds appear to have been "round tripped:" the same diamond seems to have been bought and sold multiple times at varying prices, often wildly inflated above market prices, in order to create the appearance of millions of dollars in purportedly legitimate transactions and to facilitate the movement of funds. * The Debtors were in possession of internal financial records that appeared to be the property of numerous supposedly independent Shadow Entities. * The Debtors' records indicate the Debtors paid back office expenses of numerous supposedly independent Shadow Entities. * Both the Debtors' CEO and CFO were in possession of internal documents that appeared to track and harmonize accounts receivable and payable between the Debtor entities and the Shadow Entities to foster the appearance of legitimate transactions. * The volume of sales reported in FDI's tax returns from 2011 to 2017, and in A. Jaffe's returns from 2011 to 2012, is millions of dollars (and in some cases tens of millions of dollars) lower than the volume of sales reported in the entities' sales journals, and neither the Debtors’ CFO nor any other of the Debtors’ employees could explain the source of the figures reported on the tax returns. * Despite maintaining low balances in their bank accounts, and their stated business of selling finished jewelry to retailers, the Debtors purchased and sold loose diamonds supposedly valued at more than $280 million to Shadow Entities, as reported in their sales journals from 2011 to 2017. * The Examiner also traced millions of dollars from the Shadow Entities that were funneled through the Debtors to fund the operations of a diamond retail company, Bailey, Banks & Biddle, which relationship was not disclosed to its lenders or to the Bankruptcy Court. * Money from the Shadow Entities was used to purchase an approximately $6 million apartment on Central Park South for the sole use of Modi and his family in the U.S. * Throughout the investigation, both Mihir Bhansali, the former CEO of the Debtors, and Ajay Gandhi, the CFO of the Debtors, were questioned about many of the suspicious transactions and irregularities. Bhansali asserted his Fifth Amendment right against self-incrimination as to both interviews and the provision of documents. Other than identifying himself at the deposition, Bhansali asserted his Fifth Amendment right against self-incrimination as to every question asked by the Examiner. Gandhi provided documents and participated in multiple interviews, and admitted that at some point he was told by Firestar India employees that the purpose of the loose diamond transactions was to obtain financing in India specifically LOUs. A full-text copy of the Examiner's Report is available for free at: http://bankrupt.com/misc/18-10509-00349.pdf About Firestar Diamond Firestar Diamond Inc. procures, designs, manufactures, and distributes diamond-studded jewelry. Firestar Diamond's operations span the USA, Europe, the Middle East, the Far East and India. The Company employs over 1200 people. Firestar Diamond has offices in Mumbai, Surat, New York, Chicago, Johannesburg, Antwerp, Yerevan, Dubai, and Hong Kong. A. Jaffe, Inc., a subsidiary of Firestar Diamond, designs and manufacturers wedding rings and wedding bands. Firestar Diamond, Inc., A. Jaffe, Inc., and Fantasy, Inc., sought Chapter 11 protection (Bankr. S.D.N.Y. Lead Case No. 18-10509) on Feb. 26, 2018. Firestar Diamond estimated assets and debt of $50 million to $100 million. The Hon. Sean H. Lane is the case judge. The Debtors tapped Ian R. Winters, Esq., at Klestadt Winters Jureller Southard & Stevens, LLP as their bankruptcy counsel; Forchelli Deegan Terrana LLP as conflicts counsel; Lackenbach Siegel, LLP as special counsel; Getzler Henrich & Associates LLC and its managing director Mark Samson as chief restructuring officer; and Rust Consulting/Omni Bankruptcy as claims and noticing agent. Richard Levin, Esq. has been appointed as Chapter 11 Trustee of Firestar Diamond, Inc. He has tapped Jenner & Block, LLP, as his attorneys; Alvarez & Marsal Disputes and Investigations, LLC, as financial advisors; and Gem Certification & Assurance Lab, Inc., as appraisers. John J. Carney, Esq., has been appointed as examiner in the Debtors' cases. Alvarez & Marsal Disputes and Investigations has been tapped as his financial advisor. FISKER AUTOMOTIVE: KPC&B, R. Lane Allowed to Maintain Counsel ------------------------------------------------------------- Magistrate Judge Sherry R. Fallon granted defendants Kleiner Perkins Caufield & Byers LLC and Ray Lane's emergency motion to maintain their choice of counsel in the case captioned IN RE FISKER AUTOMOTIVE HOLDINGS, INC. SHAREHOLDER LITIGATION, C.A. No. 13-2100-DBS-SRF (D. Del.). On Dec. 27, 2013, plaintiff Atlas Capital Management, L.P. filed suit against Henrik Fisker, Bernhard Koehler, Joe DaMour, Peter McDonnell, Kleiner, Ray Lane, Keith Daubenspeck, Richard Li Tzar Kai, and Ace Strength, Ltd. for alleged violations of the Securities Act of 1933 (the "Securities Act") and the Securities Exchange Act of 1934 (the "Exchange Act"), as well as common-law fraud in connection with the sale of Fisker Automotive securities. The instant litigation followed the filing of Fisker's chapter 11 bankruptcy petition on Nov. 22, 2013 in the United States Bankruptcy Court for the District of Delaware. Michael D. Celio, an attorney at the law firm of Keker Van Nest & Peters LLP from 2001 to July 2, 2018, has represented Kleiner and Mr. Lane as the lead attorney since the inception of the instant litigation in 2013. Mr. Celio has also represented Kleiner since 2011 in other matters relating to securities litigation, contractual litigation, regulatory matters, third-party subpoenas, and confidential pre-litigation matters. On June 15, 2016, Atlas and Gibson Dunn & Crutcher LLP executed an engagement letter, which included a prospective waiver of conflicts of interest. Pursuant to the waiver, Atlas agreed that Gibson Dunn could represent any "existing or new" client in any litigation or other matter adverse to Atlas's interests, so long as the matter was not substantially related to Gibson Dunn's representation of Atlas. The engagement letter further provides that California law governs the agreement, stating that "Mills agreement shall be governed by the internal law, and not the law pertaining to choice or conflict of laws, of the State of California." On July 3, 2018, Mr. Celio joined the firm of Gibson Dunn & Crutcher LLP as a partner in the firm's Palo Alto, California office. Atlas is an existing client of Gibson Dunn for transactional and advisory matters, and objects to Mr. Celio's continued representation of Kleiner and Mr. Lane. The record before the Court establishes that Mr. Celio's continued representation of defendants in the instant securities litigation is unrelated to Gibson Dunn's representation of Atlas in various transactional and other advisory matters. As a result, "the risks present in most concurrent representation--that is, a risk of divided loyalty to each client or an imposition on the independent judgment on [Gibson Dunn's] part, are not great in this case." Moreover, to ensure that both Mr. Celio and Gibson Dunn can continue "to provide competent and diligent representation to each affected client" in accordance with Model Rule 1.7(b)(1), Gibson Dunn represents that it will implement a strict ethical screen and the use of conflicts counsel to examine Atlas witnesses at deposition or trial. The record also reflects that Gibson Dunn has already taken precautionary measures to wall off Mr. Celio from any exposure to unrelated Atlas matters. Specifically, in an unrelated securities matter involving Atlas, Gibson Dunn took the precaution of switching counsel from the Palo Alto office to an attorney in Gibson Dunn's Washington, D.C. office. The duration of Mr. Celio's representation of defendants in this and other matters supports defendants' interest in retaining their counsel of choice, and defendants would be prejudiced by retaining new counsel at this late stage of the instant complex securities litigation. Under the foregoing circumstances, disqualification of Mr. Celio is not warranted in this case. A full-text copy of the Court's Memorandum Order dated August 9, 2018 is available https://bit.ly/2Mv2Kqb from Leagle.com. Atlas Capital Management LP, Plaintiff, represented by Norman M. Monhait -- nmonhait@rmgglaw.com -- Rosenthal, Monhait & Goddess, P.A., Barbara A. Podell -- bpodell@bm.net -- Berger & Montague, P.C., pro hac vice, Fran Rudich , Lloyd F. Goldstein, pro hac vice, Jeffrey A. Klafter , pro hac vice & Peter Bradford deLeeuw -- pdeleeuv@rmgglaw.com -- Rosenthal, Monhait & Goddess, P.A. CK Investments LLC, David W. Raisbeck, Hunse Investments L.P., Southwell Partners, Sandor Master Capital Fund, John S. Lemak, Pinnacle Family Office Investments L.P., Dane Andreeff, SAML Partners, Kenneth & Kimberly Roebbelen Revocable Trust of 2001, Brian Smith & Atlas Allocation Fund LP, Plaintiffs, represented by Norman M. Monhait , Rosenthal, Monhait & Goddess, P.A., Fran Rudich , Lloyd F. Goldstein, pro hac vice, Jeffrey A. Klafter , pro hac vice & Peter Bradford deLeeuw , Rosenthal, Monhait & Goddess, P.A. PEAK6 Opportunities Fund LLC, 8888 Investments GmbH, 12BF Global Investments Ltd & ASC Fisker LLC, Plaintiffs, represented by Norman M. Monhait , Rosenthal, Monhait & Goddess, P.A., Todd S. Collins , Berger & Montague, pro hac vice, Fran Rudich , Lloyd F. Goldstein, pro hac vice, Jeffrey A. Klafter , pro hac vice & Peter Bradford deLeeuw , Rosenthal, Monhait & Goddess, P.A. MCP Fisker LLC, Plaintiff, represented by Norman M. Monhait , Rosenthal, Monhait & Goddess, P.A., Todd S. Collins , Berger & Montague, pro hac vice, Jeffrey A. Klafter , pro hac vice & Peter Bradford deLeeuw , Rosenthal, Monhait & Goddess, P.A. Henrik Fisker, Defendant, represented by A. Thompson Bayliss -- Bayliss@AbramsBayliss.com -- Abrams & Bayliss LLP,Alexander K. Talarides -- atalarides@orrick.com --Orrick, Herrington & Sutcliffe LLP, pro hac vice, James N. Kramer -- jkramer@orrick.com -- Orrick, Herrington & Sutcliffe LLP, pro hac vice, Judy S. Kwan , pro hac vice, Kevin M. Askew -- kaskew@orrick.com -- Orrick, Herrington & Sutcliffe LLP, pro hac vice, Lacey Bangle , pro hac vice &William J. Foley , pro hac vice. About Fisker Automotive Fisker Automotive Holdings, Inc., developer of the Karma plug-in hybrid electric sedan, filed a petition for Chapter 11 protection (Bankr. D. Del. Case No. 13-13087) on Nov. 22, 2013. Fisker estimated assets of more than $100 million and listed debt of $500 million in its bankruptcy petition. The assets include an assembly plant purchased for $21 million from General Motors Corp. The plant never operated. The cars were assembled in Finland. Fisker received a $529 million loan from the Department of Energy's Advanced Technology Vehicles Manufacturing Loan Program and drew down about $192 million before the department froze the loan after Fisker failed to hit several development targets. The company defaulted on its loan in April 2013. Bankruptcy Judge Kevin Gross presides over the case. The Debtors have tapped James H.M. Sprayregen, P.C., Esq., Anup Sathy, P.C., Esq., and Ryan Preston Dahl, Esq., at Kirkland & Ellis LLP, in Chicago, Illinois, as co-counsel; Laura Davis Jones, Esq., James E. O'Neill, Esq., and Peter J. Keane, Esq., at Pachulski Stang Ziehl & Jones LLP, in Wilmington, Delaware, as co-counsel; Beilinson Advisory Group as restructuring advisors; and Rust Consulting/Omni Bankruptcy, as notice and claims agent and administrative advisor. On Nov. 5, 2013, the Official Committee of Unsecured Creditors was appointed. The members are: (a) David M. Cohen; (b) Sven Etzelsberger; (c) Kuster Automotive Door Systems GmbH; (d) Magna E-Car USA, LLC; (e) Supercars & More SRL; and (f) TK Holdings Inc. The Committee is represented by William R. Baldiga, Esq., and Sunni P. Beville, Esq., at Brown Rudnick LLP; and Mark Minuti, Esq., at Saul Ewing LLP. Emerald Capital Advisors Corp. is the financial advisors for the Committee. Fisker sought bankruptcy protection to pursue a private sale of its business to Hybrid Tech Holdings, LLC. The Committee, however, wants a sale public sale, and has identified Wanxiang America Corporation as stalking horse bidder. Hybrid was initially under contract to buy Fisker in exchange for $75 million of the $168.5 million government loan it acquired immediately before the Debtor's Chapter 11 filing. Hybrid later raised its offer by adding an additional $1 million cash and agreeing to share proceeds from the sale of a facility in Delaware it doesn't intend to operate. Hybrid also offered to pay real estate taxes on the Delaware plant. Hybrid also will waive $90 million in deficiency claims that otherwise would dilute unsecured creditors' recovery. Wanxiang, as stalking horse bidder, initially offered $25.8 million in cash. However, Wanxiang has said it has raised its offer by $10 million and is willing to go higher. After the hearings on Jan. 10 and 13, the Court directed a public auction, and capped Hybrid's credit bid to $25 million. In response, Hybrid raised its offer to $55 million. Hybrid is represented by Tobias Keller, Esq., and Peter Benvenutti, Esq., at Keller & Benvenutti LLP, in San Francisco, California. Wanxiang, which bought A123 Systems, Inc., a manufacturer of lithium-ion batteries used in electric vehicles such as the Fisker Karma, in a bankruptcy auction early in 2013 for $256.6 million, is represented in Fisker's case by Sidley Austin LLP's Bojan Guzina, Esq., and Andrew F. O'Neill, Esq.; and Young Conaway Stargatt & Taylor, LLP's Edmon L. Morton, Esq., Robert S. Brady, Esq., and Kenneth J. Enos, Esq. On Feb. 19, 2014, the Bankruptcy Court approved the sale of Fisker's assets to Wanxiang America Corporation. The sale closed on March 24, 2014. The sale to Wanxiang is valued at approximately $150 million, Fisker said in a news statement. On March 27, 2014, the Court authorized Fisker Automotive Holdings to change its name to FAH Liquidating Corp. and its affiliate, Fisker Automotive Inc., to FA Liquidating Corp., following the sale. FA Liquidating Corp. fka Fisker Automotive, Inc., and FAH Liquidating Corp. fka Fisker Automotive Holdings, Inc., notified the U.S. Bankruptcy Court for the District of Delaware that their Second Amended Chapter 11 Plan of Liquidation became effective as of Aug. 13, 2014. FLYING COW RANCH: Resolution of Land Sale Contract Delays Plan -------------------------------------------------------------- Flying Cow Ranch HC, LLC, asks the U.S. Bankruptcy Court for the Southern District of Florida to extend Debtor's exclusivity periods for 90 days. Without the requested extension, the period during which only the Debtor may file a Plan is due to expire on September 4, 2018. The Debtor has recently filed a Notice of Appeal of the Court's ruling relating to Debtor's Land Sale Contract. In addition, the Debtor has filed a Motion to Assume and requested an evidentiary hearing to determine the amount and time frame for cure payments and/or adequate protection. Furthermore, the Debtor has been tackling a host of issues relating to the continued effort to obtain approvals for the development of the project on the subject property. Moreover, the Debtor will pursue its claim objections shortly -- the claims bar date was July 9, 2018 for non-governmental creditors and September 4, 2018 for governmental creditors. The Debtor contends that it has aggressively been pursuing every issue of its case in an effort to bring about resolution of the problems faced going into filing and the development of a confirmable Plan. Indeed, the Debtor has requested the Court for mediation or a Judicial Settlement Conference between the parties and believes that a resolution can be reached regarding the Land Sale Contract. As such, the Debtor asserts that it is not in the position to propose a confirmable Plan until the issues concerning the Land Sale Contract are resolved. About Flying Cow Ranch Flying Cow Ranch HC, LLC, is a privately-held company in Jupiter, Florida. It is a small business debtor as defined in 11 U.S.C. Section 101(51D). Flying Cow Ranch HC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 18-12681) on March 8, 2018. At the time of the filing, the Debtor estimated assets of $10 million to $50 million and liabilities of less than $500,000. Judge Paul G. Hyman, Jr., presides over the case. Rappaport Osborne & Rappaport, PLLC is the Debtor's bankruptcy counsel. FMTB BH: Unresolved Adversary Proceeding Delays Plan ---------------------------------------------------- FMTB BH LLC requests the U.S. Bankruptcy Court for the Eastern District of New York to extend the time within which the Debtor has the exclusive right to file a plan of reorganization and to solicit acceptances with respect thereto for 120 days through and including Dec. 19, 2018 and Feb. 19, 2019, respectively. The Debtor is a limited liability company currently under contract to purchase the five separate pieces real property located at (a) 1821 Topping Avenue, Bronx New York, which is owned by 1821 Topping Avenue LLC; (b) 1974 Morris Avenue, Bronx, New York, which is owned by 1974 Morris Avenue LLC; (c) 1988 Morris Avenue, Bronx, New York, which is owned by 1988 Morris Avenue LLC; (d) 770 Beck Street, Bronx, New York, which is owned by 700 Beck Street LLC; and (e) 1143 Forest Avenue, Bronx, New York, which is owned by 1143 Forest Avenue LLC. Each contract of sale with respect to the individual Properties are virtually identical, except for the sale price. The current Exclusivity Period and Acceptance Period expire on Aug. 21, 2018 and Oct. 22, 2018, respectively. This is the Debtor's first request for an extension of the Exclusive Periods and the Debtor submits it should be granted the requested extensions of the Exclusive Periods so that it will have sufficient time to, inter alia, formulate, file and confirm a plan of reorganization. The Debtor has been in bankruptcy for only four months. Upon the filing of the Debtor's case, the Debtor immediately commenced an adversary proceeding against 1988 Morris Avenue LLC, 1974 Morris Avenue LLC, 700 Beck Street LLC, 1143 Forest Avenue LLC, and 1821 Topping Avenue LLC (collectively, the "Sellers"), for among other things, specific performance to compel the Sellers to close on the sale of the Properties pursuant to each respective contract for sale. In response, the Sellers filed a motion to dismiss the adversary proceeding, which was ultimately denied by the Court. As a result, the adversary proceeding is still pending and until it is resolved, either by settlement or through litigation, the Debtor is unable to negotiate with its creditors or formulate a plan of reorganization as the contracts (and Properties should the Debtor close on the contracts) are currently the Debtor’s principal assets. In light of the instant facts and circumstances and in order to provide the Debtor with sufficient time to continue its litigation against the Sellers, the Debtor submits that good cause exists to extend the Exclusive Periods. The Debtor believes that the requested extensions will promote the orderly reorganization of the Debtor without the need to devote unnecessary time, money and energy to defending against or responding to a competing plan. About FMTB BH LLC FMTB BH LLC is a company currently under contract to purchase five separate real properties located at 1821 Topping Avenue, Bronx New York, which is owned by 1821 Topping Avenue LLC; 1974 Morris Avenue, Bronx, New York, which is owned by 1974 Morris Avenue LLC; 1988 Morris Avenue, Bronx, New York, which is owned by 1988 Morris Avenue LLC; 770 Beck Street, Bronx, New York, which is owned by 700 Beck Street LLC; and 1143 Forest Avenue, Bronx, New York, which is owned by 1143 Forest Avenue LLC. The five properties have a combined purchase price of $3.10 million. The Debtor's filing was precipitated by its need to close on the contracts of sale for the properties or risk losing its $845,000 deposit, in addition to paying back its creditors, which it cannot do without closing on the properties. FMTB BH sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 18-42228) on April 23, 2018. In the petition signed by Martin Ehrenfeld, managing member, the Debtor disclosed $3.94 million in assets and $1.23 million in liabilities. Judge Carla E. Craig presides over the case. FNR PROPERTIES: Sept. 27 Confirmation Hearing on Trustee's Plan --------------------------------------------------------------- Bankruptcy Judge Elizabeth W. Magner entered an order approving the Chapter 11 Trustee's amended disclosure statement, dated August 16, 2018, for FNR Properties, LLC. Sept. 27, 2018 is fixed as the last day for filing acceptances or rejections of the trustee's amended chapter 11 plan of reorganization, and the last day for filing and serving written objections to Confirmation of the trustee's amended chapter 11 plan of reorganization. A hearing on Confirmation of the trustee's amended chapter 11 plan of reorganization will be held on Sept. 27, 2018 at 3:00 p.m. The Trustee estimates that the amount of Class 2 Unsecured Claims against FNR is approximately $1.5 million. The holders of approximately $1.49 million in Unsecured Claims asserts those Claims against both Debtors. Estimated percentage recovery of holders of Class 2 Claims is 0% to 100% depending on the allowance or disallowance of the Priority Tax Claims against FNR and other Unsecured Claims. A redlined copy of the Amended Disclosure Statement from PacerMonitor.com is available at https://tinyurl.com/y8p4exm2 at no charge. About FNR Properties Each of FHH Properties and FNR Properties is a real estate company based in New Orleans, Louisiana. They are affiliated with B Express-Elysian Fields, LLC, which sought Chapter 7 bankruptcy protection on Jan. 18, 2018. Fatmah Hamdan is the 100% owner of all three businesses. FHH Properties LLC based in Gretna, LA, and FNR Properties filed a Chapter 11 petition (Bankr. E.D. La. Lead Case No. 18-10113) on Jan. 18, 2018. In the petition signed by Fatmah Hamdan, managing member and sole owner, FHH Properties estimated $1 million to $10 million in both assets and in liabilities. FNR Properties estimated $500,0000 to $1 million in both assets and in liabilities. The Hon. Jerry A. Brown presides over the cases. Robin R. De Leo, Esq., at The De Leo Law Firm, LLC, serves as bankruptcy counsel to the Debtors; and Patrick Gros CPA, APAC, as accountant. R. Patrick Sharp, III, was appointed Chapter 11 trustee for the Debtor. The Trustee hired Heller Draper Patrick Horn & Manthey, LLC, as counsel. FULCRUM EXPLORATION: Taps Pronske Goolsby as Counsel ---------------------------------------------------- Fulcrum Exploration, LLC sought and obtained approval from the United States Bankruptcy Court for the Northern District of Texas in Dallas to employ Pronske Goolsby & Kathman, P.C. as counsel for the Debtor. The Debtors request Pronske Goolsby to perform these services: (a) provide legal advice with respect to the Debtor's powers and duties as debtor-in-possession in the continued operation of its business and the management of its property; (b) take all necessary action to protect and preserve the Debtor's estate, including the prosecution of actions on behalf of the Debtor, the defense of any actions commenced against the Debtor, negotiations concerning litigation in which the Debtor is involved, and objections to claims filed against the Debtor's estate; (c) prepare on behalf of the Debtor necessary motions, answers, orders, reports, and other legal papers in connection with the administration of its estate; (d) assist the Debtor in preparing for and filing a disclosure statement in accordance with section 1125 of the Bankruptcy Code; (e) assist the Debtor in preparing for and filing a plan of reorganization at the earliest possible date; (f) perform any and all other legal services for the Debtor in connection with the Debtor's Chapter 11 Case; and (g) perform legal services as the Debtor may request with respect to any matter, including, but not limited to, corporate finance and governance, contracts, antitrust, labor, and tax. Pronske Goolsby will charge for time at its normal billing rates for attorneys and legal assistants and will request reimbursement for its out-of-pocket expenses. All fees and expenses will be subject to Bankruptcy Court approval. Pronske Goolsby received half of a $20,000 retainer. The Debtor paid the other half on May 9, 2018. On or about May 23, 2018, the Debtor paid $20,000 from the retainer to Pronske Goolsby for services rendered from April 1, 2018 through May 18, 2018. On or about June 22, 2018, PGK received a retainer in the amount of $99,980.00 from one of the Debtor's equity interest holders, Louis Ouellette. Pronske Goolsby drew down $28,020.00 for work performed in preparation of this bankruptcy filing, leaving a retainer balance of $71,960. Jason P. Kathman attests that Pronske Goolsby has no known connections with the Debtor, its creditors, or other parties in interest in this Chapter 11 Case, and does not hold or represent any other known or reasonably ascertainable interest adverse to the Debtor's estates with respect to the matters upon which it is to be engaged. Pronske Goolsby & Kathman, P.C. can be reached at: Jason P. Kathman, Esq. Melanie P. Goolsby, Esq. PRONSKE GOOLSBY & KATHMAN, P.C. 2701 Dallas Parkway, Suite 590 Plano, TX 75093 Telephone: (214) 658-6500 Facsimile: (214) 658-6509 Email: jkathman@pgkpc.com Email: mgoolsby@pgkpc.com About Fulcrum Exploration Fulcrum Exploration, LLC -- http://www.fulcrumexploration.com/-- is a Texas-based independent oil and gas company experienced in exploration and production. The company is actively developing its producing properties and is engaged in efforts to acquire additional undeveloped leaseholds. Fulcrum's operational experience also includes successfully reworking mature fields to recover additional reserves and prolong production. Fulcrum operates producing leases in both Tillman County and Jackson County Oklahoma. Fulcrum Exploration filed a Chapter 11 petition (Bankr. N.D. Tex. Case No. 18-32070), on June 24, 2018. The Petition was signed by Derek Jensen, its president. At the time of filing, the Debtor estimated assets and liabilities at $10 million to $50 million. The Hon. Stacey G. Jernigan is the case judge. The Debtor is represented by Pronske Goolsby & Kathman, P.C. GADFLY ENTERPRISES: Disclosure Statement Hearing Set for Oct. 18 ---------------------------------------------------------------- Bankruptcy Judge Lori S. Simpson will convene a hearing on Oct. 18, 2018 at 10:00 a.m. to consider approval of Gadfly Enterprises Inc.'s disclosure statement explaining its chapter 11 plan dated August 13, 2018. Sept. 20, 2018 is fixed as the last day for filing and serving written objections to the Disclosure Statement. The Amended Disclosure Statement increased the amount of recovery for holders of general unsecured creditors, classified in Class V. Although it is difficult to predict what funds will be available to satisfy Claims in this Class, the Debtor anticipates that holders of Allowed Unsecured Claims will receive distributions of no less than $30,000 over a term of five years following the Effective Date. Distributions to this Class will be made in quarterly installments over a period commencing on the first day of the first Calendar Quarter which commences later than ninety days after the Effective Date, and will continue each Calendar Quarter thereafter over a period of twenty (20) Calendar Quarters. A copy of the Amended Disclosure Statement from PacerMonitor.com is available at https://tinyurl.com/yco3ejy2 at no charge. About Gadfly Enterprises d/b/a Super Cleaners USA Gadfly Enterprises Inc., doing business as Super Cleaners USA, is a family-owned business that provides drycleaning and laundry services serving Maryland and Washington, D.C. for over 20 years. Super Cleaners -- https://supercleanersusa.com/ -- also offers tailoring & alterations, shoes & leather and household items cleaning. Gadfly Enterprises filed a Chapter 11 petition (Bankr. D. Md. Case No. 18-10270), on Jan. 8, 2018. The petition was signed by James M. Kanski, president. The Debtor is represented by Augustus T. Curtis, Esq., at Cohen, Baldinger & Greenfeld, LLC. At the time of filing, the Debtor had $62,685 in total assets and $1.19 million in total liabilities. The Office of the U.S. Trustee on Feb. 6 disclosed in a court filing that no official committee of unsecured creditors has been appointed in the Chapter 11 case of Gadfly Enterprises Inc., d/b/a Super Cleaners, USA. GARDEN FRESH: Court Junks Counterclaims vs Hiller & Associates -------------------------------------------------------------- On Jan. 28, 2018, Hiller & Associates brought the action captioned HILLER & ASSOCIATES, LLC, Plaintiff, v. GARDEN FRESH RESTAURANTS, LLC, Defendant, C.A. No. 18-152-VAC-MPT (D. Del.) alleging that Garden Fresh Restaurants, LLC breached the contract between the parties by refusing to pay the money it allegedly owes Hiller. Defendant answered the Complaint on Feb. 16, 2018, and alleges counterclaims for: breach of contract, fraudulent inducement, and negligent misrepresentation. The plaintiff filed a motion to dismiss the counterclaims and defendant filed a motion to preclude. Upon thorough analysis, Chief Magistrate Judge Mary Pat Thynge recommends that the district court grant plaintiff's motion to dismiss and deny as moot defendant's motion to preclude. Hiller argues, in its opposition to the motion to preclude, that "there are numerous bases on which to dismiss all of Garden Fresh's counterclaims that would not require the Court to consider the Assessment Documents at all, . . . [t]herefore, the Court has ample grounds to deny Garden Fresh's motion [to preclude] as moot. The gravamen of Garden Fresh's Counterclaims is its contention that the Beverage Consulting Agreement required Hiller to do an "assessment" of Garden Fresh's "current beverage program." Garden Fresh alleges that "Hiller's assessment of Garden Fresh's soft drink program would [have] include[d], at a minimum, a rigorous and careful examination and analysis . . . of the historic beverage data, as well as to include consideration of Garden Fresh's current and anticipated future needs, and market trends." According to Garden Fresh, Hiller did not do that assessment, because it allegedly failed to subtract Dr. Pepper syrup volumes from the data it received from Garden Fresh and, thus, negotiated a deal with Pepsi that over-committed Garden Fresh to an unrealistic annual volume of Pepsi syrup. Hiller argues that the assessment discussed in the Beverage Consulting Agreement is in the recitations and is not a term of the contract. It avers that it was never obligated to conduct an assessment. In addition, Hiller contends that at no point was it obligated "to audit Garden Fresh's gallonage information or to probe whether `Coke gallons' truly means what it says." Despite the lack of an obligation in the Beverage Consulting Agreement, Hiller argues, nonetheless, that it performed an assessment in February 2017, before it signed the Beverage Consulting Agreement. The Court finds neither party has raised doubt about the intended meaning of the operative portions of the Beverage Consulting Agreement, including the "right and authority to provide expertise and services[.]" Absent this doubt, there is no reason for the court to rely upon the recitals to interpret the Beverage Consulting Agreement. Therefore, the court concludes that the Beverage Consulting Agreement does not obligate Hiller to perform an "assessment" of Garden Fresh's "current beverage program." Garden Fresh's breach of contract counterclaim is deficient because Garden Fresh is unable to identify a breach of an obligation imposed by the Beverage Consulting Agreement. The counterclaim is based upon reading a term into the Beverage Consulting Agreement that the parties clearly chose not to include. As a matter of law, therefore, Garden Fresh's breach of contract counterclaim is insufficient. Garden Fresh's factual allegations supporting its breach of contract counterclaim are inconsistent with the statements Garden Fresh made in the Answer. In addition, the documentary evidence contradicts the Counterclaims. Thus, the Counterclaims present a series of "bald assertions[,]" "unsupported conclusions and unwarranted inferences" that the court is not obligated to accept as true. Garden Fresh also alleges that Hiller fraudulently induced it to enter into the Beverage Consulting Agreement by misrepresenting that Hiller "would provide information to Garden Fresh in the form of an assessment[.]"Alternatively, Garden Fresh alleges that the same facts also amount to negligent misrepresentation. Other than a single statement in the recitals of the Beverage Consulting Agreement, Garden Fresh has not identified any other statements by Hiller that comprise the alleged misrepresentations. Therefore, Garden Fresh's tort claims do not arise by operation of law and instead originate in the Beverage Consulting Agreement. A full-text copy of the Court's Report and Recommendation dated August 9, 2018 is available at https://bit.ly/2LkwvVs from Leagle.com. Hiller & Associates, LLC, Plaintiff, represented by David Evan Ross -- dross@ramllp.com -- Ross Aronstam & Moritz LLP, David L. Schwarz -- dschwartz@kellogghansen.com -- Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Pro Hac Vice, Matthew R. Huppert -- mhuppert@kellogghansen.com -- Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., pro hac vice & Nicholas D. Mozal -- nmozal@ramllp.com -- Ross Aronstam & Moritz LLP. Garden Fresh Restaurants LLC, Defendant, represented by Daniel A. O'Brien -- dao'brien@Venable.com -- Venable LLP, Jamie Lynne Edmonson -- jledmonson@venable.com -- Venable LLP, Meredith L. Boylan -- mlboylan@venable.com -- Venable LLP, pro hac vice & Theodore B. Randles -- tbrandles@venable.com -- Venable LLP, pro hac vice. Garden Fresh Restaurants LLC, Counter Claimant, represented by Daniel A. O'Brien , Venable LLP & Theodore B. Randles , Venable LLP. Hiller & Associates, LLC, Counter Defendant, represented by David Evan Ross , Ross Aronstam & Moritz LLP, David L. Schwarz , Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Pro Hac Vice, Matthew R. Huppert , Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. & Nicholas D. Mozal , Ross Aronstam & Moritz LLP. GARDEN OAKS MAINTENANCE: Exclusivity Periods Extended Until Aug. 16 ------------------------------------------------------------------- The Hon. David R. Jones of the U.S. Bankruptcy Court for the Southern District of Texas, at the behest of Garden Oaks Maintenance Organization, Inc., on August 15, 2018, has entered an Order extending the Debtor's exclusive period to file and to solicit acceptances and confirm a chapter 11 plan to August 16, 2018. About Garden Oaks Maintenance Organization Inc. Garden Oaks Maintenance Organization, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 18-60018) on April 11, 2018. In the petition signed by Mark Saranie, president, the Debtor estimated assets of less than $1 million and liabilities of less than $1 million. Judge David R. Jones presides over the case. Johnie J. Patterson, Esq., at Walker & Patterson, P.C., serves as the Debtor's bankruptcy counsel. On May 31, 2018, the Office of the U.S. Trustee appointed an official committee of unsecured creditors. GRAND VIEW FINANCIAL: Seeks Dec. 12 Exclusivity Period Extension ---------------------------------------------------------------- Grand View Financial LLC asks the U.S. Bankruptcy Court for the Central District of California to extend the exclusivity periods for the Debtor to file a plan and obtain acceptance thereof for 120 days from Aug. 15, 2018 and Oct. 11, 2018, respectively, to Dec. 12, 2018 and Feb. 8, 2019, respectively. The Debtor is in the business of acquiring distressed real property in situations where public records and documents available to the Debtor demonstrate that the claim allegedly secured by the underlying subject Property and the related trust deed purportedly securing the Alleged Secured Claim pursuant to a lien on the subject Property suffer from defects rendering the Alleged Secured Claim and/or related Alleged Lien unenforceable and/or invalid. In situations where the Debtor identifies a Property it is interested in acquiring, the Debtor seeks to enter into a group of agreements with the then owner of the Property intended to mutually benefit the Debtor and the Former Owner. In a typical transaction in which the Debtor acquires a Property: (1) the Debtor and the Former Owner execute a Real Estate Shared-Equity Transaction & Purchase and Sale Agreement, pursuant to which, among other things, the Former Owner sells the subject Property to the Debtor in exchange for an Unsecured Promissory Note from the Debtor in a mutually agreed upon amount, which Unsecured Note is only payable in the event the Debtor is able to eliminate the Alleged Lien on the Property (at the sole expense of the Debtor) thereby increasing the equity in the Property, which is to be shared between the Former Owner and the Debtor according to the terms of the subject Sale Agreement and Unsecured Note; (2) the Former Owner executes a Grant Deed (or sometimes a Warranty Deed or Quitclaim Deed) transferring title to the Property to the Debtor; and (3) the Debtor and the Former Owner execute a Month to Month Rental Agreement whereby the Former Owner leases back the Property from the Debtor. Through the Petition Date, the Debtor acquired 42 Properties. In the ordinary course of its business, the Debtor acquired an additional two Properties after the Petition Date, and the Debtor may acquire other Properties. Unfortunately, prior to the Petition Date, approximately 28 of the 44 Properties were purportedly foreclosed upon. The Debtor has decided to stop pursuing recovery on 22 of the Foreclosed Properties. Thus, at present, the Debtor has an interest in and/or is pursuing recovery on 22 Properties. The Debtor filed the instant Chapter 11 bankruptcy case in order to, inter alia, (1) address and resolve various claims against the Debtor, including, but not limited to the Alleged Secured Claims, (2) where necessary, invalidate purported pre-Petition Date foreclosures on the Foreclosure Properties and/or avoid alleged transfers pursuant to purported pre-Petition Date foreclosures on the Foreclosure Properties and recover title to the Foreclosed Properties, (3) facilitate the sale of the Debtor's Properties free and clear of all liens, claims, and interests, and (4) propose and confirm a Chapter 11 plan of reorganization. As of the Petition Date, the Debtor intended (a) to initiate adversary proceedings and/or claim objections to invalidate, reverse, or avoid the purported foreclosures on the Foreclosure Properties and challenge and eliminate all of the Alleged Secured Claims and related Alleged Liens, (b) to sell the resulting unencumbered Properties for the highest and best price (subject to any rights of first refusal a Former Owner may have to repurchase the subject Property), and (c) to propose and confirm a plan whereby all allowed secured claims (which the Debtor believes will be limited to some tax claims against certain of the Properties), administrative claims, priority claims, and general unsecured claims (largely if not entirely comprised of amounts payable to the Former Owners pursuant to the Unsecured Notes) will be paid in full, with the surplus distributed to the Debtor's owners, which was the Debtor's original exit strategy. While the Debtor disputes the enforceability and validity of the Alleged Secured Claims and Alleged Liens forming the purported basis for the foreclosures on the Foreclosure Properties and/or the standing of the parties effectuating the foreclosures and, therefore, the validity of the purported foreclosures on the Foreclosure Properties, the Debtor has decided to somewhat alter its original bankruptcy and exit strategy. More specifically, the Debtor took actions, including the initiation of Adversary Proceedings (which included Claim Objections), in an effort to invalidate, reverse, or avoid the purported foreclosures on certain of the Foreclosure Properties and to challenge certain related the Alleged Secured Claims and Alleged Liens forming the purported basis for the foreclosures on the Foreclosure Properties. However, the Debtor later determined that the cost of pursuing most other potential Adversary Proceedings and Claim Objections likely outweighed the benefit to be gained in such Adversary Proceedings and Claim Objections, particularly when considering prior results before this Court, the costs of litigating the Adversary Proceedings and Claim Objections, and the delay and risks inherent in litigating Adversary Proceedings and Claim Objections pertaining to the Foreclosed Properties that are the subject of the Rejected Purchase Agreements. Accordingly, the Debtor has decided to reject 22 of the 28 all of the Purchase Agreements relating to Foreclosed Properties, to stop seeking recovery on such Foreclosed Properties, and to instead focus on selling the 16 Properties that are non-Foreclosed Properties and continuing to litigate Adversary Proceedings and Claim Objections related to six of the Foreclosed Properties. The Debtor intends to seek to sell such non-Foreclosed Properties free and clear of liens, claims, encumbrances, and interests (with certain exceptions), with such liens, claims, encumbrances, and interests attaching to the proceeds of sale. Once non-Foreclosed Properties are sold, to the extent a consensual resolution cannot be reached regarding the disposition of sale proceeds as among the Debtor and any holders of Alleged Secured Claims and Alleged Secured Liens (and possibly any Former Owners), the Debtor will litigate, in contested Claim Objections or Adversary Proceedings, with the holders of Alleged Secured Claims and Alleged Secured Liens (and possibly any Former Owners) pertaining to the non-Foreclosed Properties, to determine their claims and, therefore, the appropriate distribution of the proceeds from the sale of the subject non-foreclosed Property. The Debtor believes that this exit strategy is more likely to result in a higher net benefit to the estate than litigating all Adversary Proceedings and Claim Objections regarding the Foreclosed Properties. The Debtor represents that it has already sought and obtained Court authority to reject the Rejected Purchase Agreements, each of which pertained to a Foreclosed Property. In respect to non-Foreclosed Properties, in furtherance of the Debtor's exit strategy, the Debtor (1) obtained Court authority to employ the Keller Williams and associated brokers as the Debtor's real estate broker to market and sell the Properties at the appropriate time and (2) with the assistance of the Broker, began to market certain of the non-Foreclosed Properties for sale, including certain Properties that are subject to pending sale motions or escrows where the Debtor is merely waiting for contingencies to pass before seeking sale approval. Accordingly, the Debtor believes that good cause exists to extend the exclusivity periods because, among other things, the Debtor's plan would be funded from the sale of properties in which the Debtor has an interest. While the Debtor has been pursuing sales on some the properties, there have been delays in getting sales approved and closed due the need for evidentiary hearings regarding certain requirements to sell free and clear, the need to obtain turnover of certain Properties to obtain access for marketing and transfer upon close of escrow (which turnovers the Debtor is pursuing), and the need to allow contingency and inspection periods to close in regard to other Properties. Further, in some instances, the Debtor needs to eliminate claims allegedly secured by a subject property and related deeds of trust allegedly securing the claims, or have alleged secured claims estimated, before the Debtor can proceed to sale. The Debtor represents that it has initiated and will continue to initiate actions to clear such claims and deeds of trust. Therefore, the Debtor asserts that it would make sense to allow it to proceed with its litigation and certain property sales, so the Debtor can ascertain the success of such litigation and property sales and, eventually, the funds that may be realized from the sale of properties to fund a plan. About Grand View Financial Formed in 2015, Grand View Financial LLC is a Wyoming limited liability company, which is in the business of acquiring distressed real property. Grand View Financial sought protection under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 17-20125) on Aug. 17, 2017. In the petition signed by Steve Rogers, its managing member, the Debtor disclosed $29.88 million in assets and $39.71 million in liabilities. Judge Julia W. Brand presides over the case. Levene, Neale, Bender, Yoo & Brill LLP serves as the Debtor's legal counsel. H MELTON VENTURES: Ch.11 Trustee Hires Murphy as Business Broker ---------------------------------------------------------------- Marilyn D. Garner, the Chapter 11 Trustee for H Melton Ventures, LLC, sought and obtained approval from the United States Bankruptcy Court for the Northern District of Texas, Fort Worth Division, to employ Murphy Business & Financial Corporation as business broker. The Chapter 11 Trustee has solicited the assistance of Richard Gadberry with Murphy Business & Financial Corporation, a licensed business broker, for the sale of one of the Debtor's wholly owned subsidiaries, Havana Social Club, LLC. The Chapter 11 Trustee seeks to sell 100% of the Debtor's membership interests in Havana Social Club, a cigar bar located in Dallas just outside the American Airlines Center. Its clientele consist of both local DFW regulars and AAC event attendees. Ten interested parties signed non-disclosure agreements and expressed interest in purchasing Havana Social Club. The Chapter 11 Trustee needs the Broker to market the business most effectively and identify qualified buyers, so that the Estate can obtain the best and highest price for Havana Social Club. The Broker will receive an upfront fee of $500 and, upon closing to a qualified buyer, shall receive a commission in accordance with his engagement agreement. The Broker and the Chapter 11 Trustee have jointly determined that $400,000 is a fair price for the business. The Broker and the brokerage with whom he works are "disinterested persons" within the meaning of 11 U.S.C. section 101(14). About H Melton Ventures H Melton Ventures LLC, based in Arlington, Texas, filed a Chapter 11 petition (Bankr. N.D. Tex. Case No. 17-43922) on Sept. 28, 2017, estimating $1 million to $10 million in both assets and liabilities, with the petitions signed by Michael Warden, its manager. Chapter 11 cases were also commenced by Michael G. Warden (Case No. 17-33888) and Henry J. Melton, II (Case No. 17-44206). A related case, H. Melton Ventures RD, LLC, Case No. 17-44521, was also filed on Nov. 6, 2017. Mr. Melton, a resident of Dallas County, is the 90% owner, president and CEO of HMV. Mr. Warden, the manager, is the 10% owner. The bankruptcy cases are jointly administered. The H. Melton Ventures RD case was dismissed on Jan. 30, 2018. The Hon. Russell F. Nelms presides over the cases. David D. Ritter, Esq., at Ritter Spencer PLLC, serves as bankruptcy counsel to HMV. Wiley Law Group, PLLC, serves as counsel to Mr. Melton, and Melton Ventures RD. A Chapter 11 Trustee was appointed for both HMV and Melton in December 2017. Marilyn Garner was appointed as the Chapter 11 Trustee for HMV. She tapped Cavazos, Hendricks, Poirot & Smitham, P.C., in Dallas, Texas, as counsel, and Sheldon Levy CPA as accountant. Scott M. Seidel is the Chapter 11 Trustee for Mr. Melton's estate. Mr. Seidel retained his own firm, Seidel Law Firm, in Plano, Texas, as his general counsel in the case. HARDES HOLDING: Plan Confirmation Hearing Set for Oct. 4 -------------------------------------------------------- Bankruptcy Judge Charles L. Nail, Jr. approved Hardes Holding, LLC's amended disclosure statement, dated August 6, 2018, in support of its chapter 11 plan dated August 15, 2018. Any written acceptances or rejections regarding Debtor's plan, and any written objections to Debtor's Plan must be filed on or before Sept. 20, 2018. A confirmation hearing on Debtor's Plan will be held on Oct. 4, 2018 at 2:15 p.m. (Central). About Hardes Holding Based in Miller, South Dakota, Hardes Holding, LLC, is in the business of grain farming & real estate rental. Hardes Holding filed a Chapter 11 petition (Bankr. D.S.D. Case No. 17-30039) on Dec. 4, 2017. Wade Hardes, authorized representative, signed the petition. As of Dec. 4, 2017, the Debtor had total assets of $21.42 million and liabilities amounting to $11.17 million. The Hon. Charles L. Nail, Jr., presides over the case. Clair R. Gerry, Esq., at Gerry& Kulm Ask, Prof. LLC, is the Debtor's bankruptcy counsel. No official committee of unsecured creditors has been appointed in the Debtor's case. HELIX GEN: Moody's Places Ba2 Rating Under Review for Downgrade --------------------------------------------------------------- Moody's Investors Service placed under review for downgrade the Ba2 rating assigned to Helix Gen Funding LLC. The rating action reflects the execution of asset dispositions leaving the 2,400 megawatt Ravenswood Energy Complex in New York City as the issuer's sole asset and source for debt repayment. RATINGS RATIONALE The dispositions reduce the geographic and market diversification that underpins the current Ba2 rating. This credit deterioration is balanced by the $654 million reduction to Helix's senior secured term loan due 2024 from the asset dispositions and the strategic importance of Ravenswood, the largest energy producer in New York City. Anticipated term loan debt outstanding after completion of the asset dispositions is approximately $890 million. Moody's review for possible downgrade will consider Helix's anticipated financial performance, now that the diversity in the portfolio is eliminated and cash flows will be driven by a combination of market determined power and capacity prices in NYISO-Zone J and Ravenswood's operating performance. Financial performance that supports debt service coverage in excess of 2.0 times, project cash from operations to adjusted debt in excess of 10% and debt-to-EBITDA of less than 6 times may allow Helix to maintain a rating within the Ba rating category. The principal methodology used in these ratings was Power Generation Projects published in June 2018. Helix owned a 3,888 MW portfolio of four operating power generation plants spread over four states prior to the asset dispositions. It is 100% indirectly owned by LS Power Equity Partners III, L.P. HOAG URGENT: Affiliates Ask Court to Approve Disclosure Statement ----------------------------------------------------------------- Hoag Urgent Care-Tustin, Inc.'s affiliates Cypress Urgent Care, Inc. and Laguna-Dana Urgent Care, Inc. asked the U.S. Bankruptcy Court for the Central District of California to approve the outline of their proposed joint Chapter 11 plan of reorganization. In their motion, the companies also asked the court to establish procedures for voting on the plan, the tabulation of votes and the filing of objections; and to set a date to consider confirmation of the plan. Under U.S. bankruptcy law, the proponent of a Chapter 11 plan must get court approval of its disclosure statement to start soliciting acceptances from creditors. The document must contain adequate information to enable creditors to make an informed decision about the plan. The motion is on Judge Theodor Albert's calendar for Sept. 26. CUC and LDUC each operate one of the Clinics in Orange County, California. The CL Debtors have a total of $90,736.27 in Unsecured Claims that are guaranteed by another source. The Plan proposes paying Class 3A Claims in full over the term of the Plan, with the payments to start four years after the Effective Date, and with interest at a rate of 2.40% per annum based on the Federal Judgment Rate. Holders of Class 3A Claims will receive a Pro Rata portion of any and all Distributions on account thereof quarterly, subject to the terms of the Plan, including, without limitation, restrictions on de minimis Distributions. The CL Debtors estimate that the quarterly Distributions on account of allowed Class 3A Claims will be $4,475.81. The CL Debtors have a total of $110,046.49 in Unsecured Claims that are not guaranteed by another source of payment. Under the Plan, the Unsecured Claims other than the Guaranteed Claims described in Class 3A are classified in Class 3B. The Plan proposes paying Class 3B Claims in full over the term of the Plan, with such payments to start four years after the Effective Date, and with interest at a rate of 2.40% per annum based on the Federal Judgment Rate. Holders of Class 3B Claims shall receive a Pro Rata portion of any and all Distributions on account thereof quarterly, subject to the terms of the Plan, including, without limitation, restrictions on de minimis Distributions. The CL Debtors estimate that the quarterly Distributions on account of allowed Class 3B Claims shall be $5,428.34. A copy of the Disclosure Statement from PacerMonitor.com is available at https://tinyurl.com/yc3djr2v at no charge. About Hoag Urgent Care-Tustin Hoag Urgent Care-Tustin, Inc., and its affiliates operate five urgent care clinics located throughout Southern California. Hoag Urgent and its affiliates filed Chapter 11 bankruptcy petitions (Bankr. C.D. Cal. Case No. 17-13077) on Aug. 2, 2017. In the petitions signed by Dr. Robert C. Amster, president, the Debtors estimated assets and liabilities of $1 million to $10 million. Judge Theodor Albert presides over the cases. The Debtors hired Baker & Hostetler LLP as legal counsel; Keen-Summit Capital Partners LLC as investment banker; and Grobstein Teeple LLP as their accountants. On Sept. 21, 2017, Constance Doyle was appointed as the patient care ombudsman for the Debtors. On February 26, 2018, Tamar Terzian was appointed as the successor PCO. Hoag Urgent's affiliates Cypress Urgent Care, Inc. and Laguna-Dana Urgent Care, Inc. filed their joint Chapter 11 plan of reorganization on August 8, 2018. HOME REALTY MEMPHIS: Ch. 11 Trustee Taps Schaefgen as Accountant ---------------------------------------------------------------- Bettye S. Bedwell, who was recently appointed as successor Chapter 11 Liquidating Trustee, has sought approval from the United States Bankruptcy Court for Western District of Tennessee, Western Division, to employ Philip P. Schaefgen of Schaefgen and Associates as certified public accountant. The Trustee explains she needs the services and expertise of Schaefgen to perform services reasonably necessary to assist her in filing tax returns and other general accounting services. Schaefgen will receive a customary billing rate of currently $200 per hour. Schaefgen and it Associates represents no interest adverse to the debtor, Trustee, or other interested parties in this case and is a "disinterested person" as defines in 11 U.S.C. Section 101. The Accountant may be reached at: Philip P. Schaefgen Certified Public Accountant 4941 William Arnold Rd. Memphis, TN 38117 Tel: (901) 761-3637 Home Realty Company of Memphis, Inc., filed a Chapter 11 bankruptcy petition (Bankr. W.D. Tenn. Case No. 13-31959) on November 4, 2013, listing under $1 million in both assets and liabilities. A copy of the petition is available at http://bankrupt.com/misc/tnwb13-31959.pdf Russell W. Savory, Esq., at Gotten, Wilson, Savory and Beard, PLLC, served as the Debtor's counsel. L. Allen Exelbierd, CPA, was provisionally appointed as Liquidation Trustee. Bettye S. Bedwell was later appointed to serve as the Successor Trustee on June 14, 2018. HOOPER HOLMES: Case Summary & 30 Largest Unsecured Creditors ------------------------------------------------------------ Affiliated companies that have filed voluntary petitions seeking relief under Chapter 11 of the Bankruptcy Code: Debtor Case No. ------ -------- Hooper Holmes, Inc. (Lead Debtor) 18-23302 dba Provant Health 560 N. Rogers Road Olathe, KS 66062 Hooper Wellness, LLC 18-23303 Hooper Kit Services, LLC 18-23305 Hooper Distribution Services, LLC 18-23307 Hooper Information Services, Inc. 18-23308 Provant Health Solutions, LLC 18-23309 Accountable Health Solutions, LLC 18-23310 Business Description: Hooper Holmes, Inc. and its subsidiaries provide comprehensive health and wellbeing services to private and government customers via a network of health professionals throughout the country. The Debtors' services include on-site screening services and flu shots, laboratory testing, health risk assessment, sample collections services, and health coaching to support positive health risk migration. Hooper Holmes is headquartered in Olathe, Kansas, but its operations are extensive and span across the United States. In 2017, Hooper Holmes merged with Provant Health Solutions, LLC, which offers a similar set of services as the Company. The Company was founded in 1899 and is a publicly-traded New York corporation whose shares of common stock are listed on the OTCQX (OTCQX: HPHW). Visit https://www.provanthealth.com/hooperholmes for more information. Chapter 11 Petition Date: August 27, 2018 Court: United States Bankruptcy Court Southern District of New York (White Plains) Judge: Hon. Robert D. Drain Debtors' Counsel: Richard J. Bernard, Esq. FOLEY & LARDNER LLP 90 Park Avenue New York, New York 10016-1314 Tel: (212) 682-7474 Fax: (212) 687-2329 Email: rbernard@foley.com - and - John P. Melko, Esq. FOLEY & LARDNER LLP 1000 Louisiana Street, Suite 2000 Houston, TX 77002-2099 Tel: (713) 276-5500 Fax: (713) 276-5555 Email: jmelko@foley.com - and - Jill Nicholson, Esq. Geoff Goodman, Esq. FOLEY & LARDNER LLP 321 North Clark Street, Suite 2800 Chicago, IL 60654 Tel: (312) 832-4500 Fax: (312) 832-4700 Email: jnicholson@foley.com ggoodman@foley.com Debtors' Conflicts Counsel: Christopher J. Battaglia, Esq. HALPERIN BATTAGLIA BENZIJA, LLP 40 Wall Street, 37th Floor New York, NY 10005 Tel: (212) 765-9100 Fax: (212) 765-0964 Email: Debtors' Securities Counsel: SPENCER FANE LLP Debtors' Financial Advisor: PHOENIX MANAGEMENT SERVICES Debtors' Investment Banker & Financial Advisor: RAYMOND JAMES & ASSOCIATES, INC. Debtors' Notice, Claims, Balloting & Solicitation Agent: EPIQ CORPORATE RESTRUCTURING, LLC Website: http://dm.epiq11.com/#/case/PRH/dockets Total Assets as of June 30, 2018: $30,232,000 Total Debts as of June 30, 2018: $46,839,000 The petition was signed by Kevin Johnson, chief financial officer. A full-text copy of Hooper Holmes' petition is available for free at: http://bankrupt.com/misc/nysb18-23302.pdf Consolidated List of Debtors' 30 Largest Unsecured Creditors: Entity Nature of Claim Claim Amount ------ --------------- ------------ Moore Medical Trade Debt $4,044,334 1690 New Britain Ave Farmington, CT 06032 Tel: 800-234-1464 Email: mmregulatoryaffairs@mooremedical.com Cantor Fitzgerald & Co. Litigation $3,961,000 110 East 59th St., 7th Fl. New York, NY 10022 Contact: David A. Paul Tel: 212-610-2298 Tel: dpaul@cantor.com Minuteclinic Diagnostic Trade Debt $1,582,139 One MinuteClinic Drive, Mail Stop: 100 SVD Woonsocket, RI 02895 Contact: Anne Lightfoot Tel: 866-389-2727 Fax: 401-216-2727 Email: vaccinecontracting@cvscaremark.com Laboratory Corporation Trade Debt $1,412,622 Law Department 531 South Spring Street Burlington, NC 27215 Contact: Pamela Edwards Tel: 336-229-1127 Spencer Fane Britt & Browne Trade Debt $830,677 100 Walnut St, Ste 1400 Kansas City, MO 64106 Contact: Nathan A. Orr Tel: 816-474-8100 Fax: 816-474-3216 Email: norr@spencerfane.com Abriella Lanier Settlement $750,000 c/o Baltodano & Baltodano LLP Agreement 733 Marsh St., Ste 110 Los Angeles, CA 90071 Contact: Hernaldo J. Batodano Tel: 805-322-3412 Fax: 805-322-3413 Email: info@baltodanofirm.com Optisom, LLC Trade Debt $658,419 2525 Camino Del Rio South #270 San Diego, CA 92108 Tel: 619-299-6299 Email: info@optisom.com Clinical Reference Laboratory Trade Debt $598,074 8433 Quivira Rd Lenexa, KS 66215 Tel: 913-492-3652 Fax: 913-492-6753 Engage2Excel Trade Debt $581,573 149 Crawford Road Statesville, NC 28652 Contact: Emily Gatton Tel: 508-222-2900 Fax: 508-222-7089 Henry Dubois Employment $429,000 894 Centrillion Drive Agreement Mclean, CA 22102 Tel: 703-942-5488 Hanson Medical Systems Litigation $315,961 1954 Howell Brand Road Suite 203 Winter Park, FL 32792 Tel: 407-671-3883 Fax: 407-671-4403 Email: abrown@hansonmed.com Blue Cross Blue Shield of KC Trade Debt $286,561 2301 Main Street Kansas City, MO 64108 Tel: 816-395-3558 Wellness Corporate Solutions Trade Debt $285,798 PO Box 56346 Atlanta, GA 30343 Tel: 301-229-7555 Email: info@wellnesscorporatesolutions.Com United Parcel Service Trade Debt $259,458 Attn: Contracts 12380 Morris Rd Alpharetta, GA 30005 Contact: Felicia Adkins Tel: 630-213-9450 Quest Diagnostics Trade Debt $253,665 550 West Peachtree Street Northwest, Ste 1775 Atlanta, GA 30308 Tel: 404-221-0973 FedEx Trade Debt $222,661 Email: legal.caesales@fedex.com American Express Trade Debt $173,405 Steven Balthazor Employment $142,811 Agreement Salesforce.com Inc. Trade Debt $142,571 Zipongo, Inc. Trade Debt $141,611 Email: scott.smith@zipongo.com Hallmark Trade Debt $132,625 Email: lea.scott@hallmark.com Richa Ahuja Settlement $120,050 Agreement Allied Global Services, LLC Trade Debt $119,881 Grant Thornton LLP Trade Debt $114,340 College Crossing EFGH, LLC Settlement $111,650 Email: kstohs@polsinelli.com Agreemeent ND Data Group of RI Trade Debt $105,075 Netanium Trade Debt $101,293 Email: jsakovitz@netanium.com NYSE Market Trade Debt $93,281 Eliassen Group LLC Trade Debt $91,960 Email: solutions@eliassen.com AT&T Corp. Settlement $91,824 Email: km1426@att.com INNOVATIVE WINDOW: Case Summary & 20 Largest Unsecured Creditors ---------------------------------------------------------------- Debtor: Innovative Window Concepts and Doors, Inc. 4336 Juniper Terrace Boynton Beach, FL 33436 Business Description: Innovative Window Concepts and Doors, Inc. is a privately held company engaged in wood window & door manufacturing business. Chapter 11 Petition Date: August 23, 2018 Court: United States Bankruptcy Court Southern District of Florida (West Palm Beach) Case No.: 18-20251 Judge: Hon. Erik P. Kimball Debtor's Counsel: Brian K. McMahon, Esq. BRIAN K. MCMAHON 1401 Forum Way, 6th Floor West Palm Beach, FL 33401 Tel: 561-478-2500 Fax: 561-478-3111 Email: briankmcmahon@gmail.com Total Assets: $600,000 Total Liabilities: $3,451,275 The petition was signed by Christine M. Orman, president. A full-text copy of the petition containing, among other items, a list of the Debtor's 20 largest unsecured creditors is available for free at: http://bankrupt.com/misc/flsb18-20251.pdf JESS ARNDELL: Trustee Selling Truckee Property for $2.6 Million --------------------------------------------------------------- Timothy W. Wilson, the Chapter 11 Trustee of Jess C. Arndell and Suzanne K. Arndell, ask the U.S. Bankruptcy Court for the District of Nevada to authorize the sale of the residential real property located at 14060 South Shore Drive, Truckee, California to Kamall S. Sandhu for $2.6 million, subject to overbid. The Debtors are the owners of the Real Property, which consists of approximately 9,575 square feet of living space on a Donner Lake lakefront parcel with a pier. Prior to the appointment of the Trustee, the Debtors had marketed the Real Property for sale for over one year. On March 27, 2018, the Debtors entered into a California Residential Purchase Agreement and Joint Escrow Instructions, with Counteroffers, for the sale of the subject Real Property and the furniture and furnishings contained in the Real Property, to the Buyer in the amount of $2.6 million, free and clear of liens. The Offer also provides the Buyer with a right of first refusal to purchase the adjacent lot also owned by the Debtors, but the Trustee is removing that right of first refusal from the Offer, based on a failure to negotiate terms and conditions for any right of first refusal. Pursuant to an Addendum dated March 28, 2018, the Buyer extended his offer so that the Debtors could have 30 days after June 11, 2018 to obtain the proof of claim, and the Buyer will have 60 days after that to close. A subsequent Addendum signed on July 19, 2018 removed any contingency related to objection of the proof of claim, substituting the Trustee in the place of the Debtors as the Sellers, and further extending the time for Bankruptcy Court approval of the Offer to Aug. 31, 2018, although the Offer seemingly states 30 days from acceptance. Escrow will also close by Aug. 31, 2018. The proposed sale is subject to standard warranties and representations with respect to the Real Property and all non-delinquent real estate taxes, prepaid insurance, homeowners' association fees and assessments will be prorated between the parties as of the Closing Date, with closing costs being allocated as is customary. By the terms of the Offer, a commission in the amount of 6% of the gross sales price is to be paid and split equally by Sierra Sothebys International and Engel & Volkers. The Offer has additional terms and conditions continued therein, except for the changes and modifications to the Offer noted. Current financial encumbrances and liens against the Real Property are a first priority deed of trust to secure the purported indebtedness owing to Reverse Mortgage Solutions, Inc. ("RMS"), in an amount owing of approximately $2 million, subject to final verification of the itemized amounts owing by the Trustee. The Real Property is further encumbered by unpaid real property taxes owed to Nevada County in the approximate sum of $2,242, or more. Additionally, the Court granted the Debtors' prior Chapter ll counsel, Holly Estes, Esq., a secured claim against the Real Property in the unpaid amount of $59,599, from her first interim fee application. Ms. Estes is also claiming accrued interest on the unpaid balance of her first interim fee application. However, the estate cannot pay Ms. Estes interest on her allowed administrative claim unless and until all allowed creditors are paid 100% of their allowed claims and before any surplus estate proceeds are distributed to the Debtors. Thus, any payment of interest to Ms. Estes will not be made from the sale proceeds and will be deferred to a later date if there are surplus funds available in the estate. The Debtors also claimed a homestead exemption under applicable California law in the amount of $175,000, which funds will be paid to them at the close of escrow. With respect to the status of the title and liens on the Real Property, the Trustee has obtained a Preliminary Report from First American Title Co., dated March 29, 2018 which lists the following outstanding financial liens and encumbrances that must be removed, released and/or satisfied by the Trustee at closing: a. Exception #2 - General and special taxes and assessment for the fiscal year 2017-2018. The Trustee has information that the current arrears for taxes owed to Nevada County is the sum of $2,242, or more. Nonetheless, the unpaid Real Property taxes owed to Nevada County will be prorated as of the date of closing, which date of closing is estimated to be Aug. 31, 2018, thereby satisfying the exception to the Preliminary Report. b. Exception #12 - A deed of trust to secure an original indebtedness of $3.5 million recorded Aug. 17, 2007, which deed of trust has been assigned to Reversed Mortgage Solutions, Inc. ("RMS"), by recorded instrument dated Nov. 1, 2016. Further, there is also reported in Exception #12, a deed of full reconveyance, recorded Jan. 16, 2018. By explanation, Exception #12 will be satisfied through the close of escrow when the Trustee/Title Co. pays the first priority Trust Deed obligation owing to RMS in the estimated amount of $2,095,273, calculated as of Aug. 31, 2018. c. Exception #13 - Notice of pendency motion recorded May 28, 2014 addressed to Case No. TCU14-5809. d. Exception #14 - Notice of pendency action recorded June 13, 2013 addressed to Case No. TCU14-5809. e. Exception #15 - Judgment recorded Oct. 14, 2014 in the amount of $10,993 in favor of the Oasis Palm Desert HOA. f. Exception #16 - Notice of pendency action recorded Jan. 12, 2016 with respect to Case No. "none shown." All other "exceptions" reported in the attached Preliminary Report are either of no consequence to the Buyer or will be accepted by the Buyer as part of the escrow closing and Buyer receiving a deed to the Real Property. With respect to the disposition of the sales price of $2.6 million, the Trustee proposes these deductions therefrom in order to close escrow, free and clear of financial liens and encumbrances: a. Deduct $2,095,273 for a payoff to RMS, calculated as of Aug. 31, 2018; b. Deduct $156,000 for the 6% real estate commission that Trustee is obligated it to pay; c. Deduct escrow/title costs estimated at 1% or $26,000; d. Deduct homestead exemption to Debtors of $175,000; e. Deduct Nevada County Tax Collector (prorated through August 31, 2018 closing) of $2,242.00, or more; f. Deduct Estes Law Court Ordered First Interim net owing attorney’s fees and costs of $59,599; and g. Deduct $10,992.92 for the Oasis Palm Desert HOA judgment, unless proven paid. The estimated net sales proceeds that the Trustee will have in his possession after sale are in the amount of $74,893. He will hold this residual money in a segregated trust account pending further disposition of these proceeds by Court order. Because the Real Property has been marketed for over a year without any other offers, the Trustee believes that the sale of the Real Property herein is in the best interests of the estate. He had considered requesting segregation of the monies owing to first priority trust deed holder RMS in the estimated amount of $2,.15 million, in a segregated interest-hearing bank account that he maintained until the Debtors obtained a State or Federal Court Order directing the disposition of those proceeds by Sept. 30, 2018. Notwithstanding the pleadings filed by the Debtors that ask to object to the RMS Proof of Claim, entitled Opposition to Reverse Mortgage Solutions, Inc. Proof of Claim Memorandum and Points and Authorities Legal Discussion, and Docket No. 265, entitled Reply from Jess and Suzanne Arndell and for Counterclaim Using the Settlement Agreement as a Complete Defense to Reverse Mortgage Solutions Proof of Claim as a Successor and Assignee, the Trustee does not intend to object to the RMS secured claim. He does not intend to contest the RMS secured claim based on the filing and entry of the Order Granting Summary Judgment in favor of the Defendants, including Reverse Mortgage Solutions, Inc., filed and entered on Jan. 20, 2016, coupled with the fact that on Oct. 15, 2015, the Defendants entered into a written settlement agreement with Generation Mortgage Co. in Case No. TCUI4-5809, which settlement agreement provided and barred the Debtors' causes of action asserted against the various moving parties in their roles and assignees and/or agents of Generation Mortgage Co., including RIVIS. Further, if an effort were to be made by the Debtors to determine the extent, amount and priority of RMS' purported first priority trust deed obligation, then that legal remedy must be pursued through an adversary proceeding, and not a claim objection as now filed by the Debtors. After payoff of the first priority trust deed obligation owing RMS in the estimated amount of $2,095,273, the current offer will yield sufficient proceeds to pay all financial liens, commissions and closing costs, including, secured claims and the homestead exemption of $175,000 to the Debtors, and provide net proceeds of approximately $74,893 for payment of chapter 11 administrative expenses and allowed general unsecured claims. In the event a higher offer to purchase the Real Property is presented before, or at the appointed hearing, these terms and conditions must be complied with: a. Minimum Deposit Required to Bid: $250,000 made payable to Trustee Timothy Nelson at the time of hearing; b. Escrow Deposit: The $250,000 from the winning bidder will be delivered to the Trustee at the hearing on the Sale Motion, and deposited by the Trustee in escrow with First American Title Co. within 24 hours after the hearing on the Motion; c. Proof of Funds: At the hearing, any potential buyers must be able to provide adequate proof to the Trustee and Bankruptcy Court of the ability to fund the final purchase price within 10 days of the hearing; d. Minimum bidding increments: $2.65 million with additional bidding increments of no less than $50,000 each; and e. Close of Escrow: Any successful overbidder must be able to close escrow within 10 days from the date of hearing on the Sale Motion. In order to market the Real Property most effectively and thereby to liquidate the same for the best and highest price, Gale Etchells of Sierra Sothebys International was employed. The Broker advertised said Real Property at the Broker's expense, showed the Real Property to interested parties, represented the Debtors in connection. with the sale of the Real Property, and is now advising the Trustee with respect to obtaining the highest and best offers available in the present market for said Real Property. It is further asked that pursuant to the Listing Agreement, Gale Etchells will receive a real estate broker's commission in an amount of 3% of the gross sales' price, and the Buyer's agent, Engel & Volkers (or any successful overbidder's agent) will receive 3% of the gross sales' price. The Trustee asks an order waiving the 14-day stay under FRBP 6004(h). A copy of the Agreement attached to the Motion is available for free at: http://bankrupt.com/misc/JESS_ARNDELL_267_Sales.pdf Counsel for the Debtor: Stephen R. Harris, Esq. HARRIS LAW PRACTICE, LLC 6151 Lakeside Drive, Suite 2100 Reno, NV 8951 1 Telephone: (775) 78637600 Facsimile: (775) 786-7764 E-mail: steve_@harrislawreno.com Jess C. Arndell and Suzanne K. Arndell soght Chapter 11 protection (Bankr. D. Nev. Case No. 16-51465) on Dec. 9, 2016. The Debtors tapped Holly E. Estes, Esq., as counsel. On May 31, 2018, the Court appointed Timothy W. Nelson, CPA, as Trustee. Gale Etchells of Sierra Sothebys International was appointed as broker. JOHN Q. HAMMONS: JWJ Suit vs W&H, et al., Transferred to Kansas Ct. ------------------------------------------------------------------- In the case captioned JWJ HOTEL HOLDINGS, INC., Plaintiff, v. W&H REALTY, LLC, et al., Defendants, Case No. 1:18-cv-454 (S.D. Ohio), District Judge Timothy S. Black entered an order granting the Trust Defendants motion to transfer venue, denying without prejudice plaintiff’s motion for preliminary injunction and appointment of a receiver, and terminating the case in in the court. Trust Defendants Jacqueline O. Dowdy and Greggory Groves are the current successor co-trustees of Debtor The John Q. Hammons Revocable Trust. At all relevant times, Ms. Dowdy was a co-manager of WHR. JWJ filed the lawsuit challenging the Trust Defendants' failure to authorize two WHR transactions, as well as Ms. Dowdy's appointment of an alleged competitor to manage the Trust's membership interest in WHR. The Complaint asserts two claims. Count One alleges that the actions and inactions of Ms. Dowdy and Mr. Groves constitute breaches of fiduciary duties owed to JWJ. Count Two seeks the appointment of a receiver to execute the sale of the Chicago Marriott and to commence the Lexington Development. JWJ filed a motion for preliminary injunction and appointment of a receiver, which asks the Court to appoint a receiver for WHR to sell the Chicago Marriott and commence the Lexington Development, and to issue an Order enjoining Mr. Abrams from serving as co-manager of WHR. The Trust Defendants oppose the motion for preliminary injunction. Second, the Trust Defendants argue that the Court should transfer the case to the District of Kansas for consideration by the Bankruptcy Court. The Court has carefully considered the relevant factors and finds that a transfer to the District of Kansas would be in the interest of justice for three primary reasons. First, JWJ asks the Court to appoint a receiver to authorize two WHR projects and to enjoin the appointment of Mr. Abrams as co-manager of WHR. If granted, this relief would substantially interfere with the Trust's co-management rights in WHR. Those rights are property of the Bankruptcy Estate and are in the process of being transferred to JD Holdings. The Court finds it would promote the economic and efficient administration of the Bankruptcy Estate for the Bankruptcy Court to hear JWJ's claims and decide if JWJ's requested relief is appropriate. Second, the Trust Defendants argue that JWJ's claims are barred by the Exculpation Clause and the Injunction. Again, the Court finds it would promote the economic and efficient administration of the Bankruptcy Estate for the Bankruptcy Court to interpret the Plan and the Confirmation Order to determine if one or both of the orders bars JWJ's claims. Finally, the Bankruptcy Case has been pending for more than two years. The Bankruptcy Court is familiar with key operative and historical facts that place it in a position to resolve the instant claims more efficiently than this Court. Accordingly, the Court finds that the interest of judicial economy would be served best by a transfer. On JWJ's injunction motion, the Court must weigh four factors in determining whether to grant injunctive relief: (1) whether the moving party has shown a strong likelihood of success on the merits; (2) whether the moving party will suffer irreparable harm if the injunction is not issued; (3) whether the issuance of the injunction would cause substantial harm to others; and (4 whether the public interest would be served by issuing the injunction. First, the Court finds that JWJ has not shown a likelihood of success on the merits. JWJ's Complaint alleges that the Trust Defendants breached fiduciary duties by refusing to authorize the sale of the Chicago Marriott, refusing to authorize the Lexington Development, and by appointing Mr. Abrams as the co-manager representing the Trust's interests in WHR. However, JWJ and the Trust are co-managers of WHR, and JWJ has not set forth any legal authority or persuasive argument indicating that the Trust Defendants' failure to exercise their management rights in the way JWJ would have liked constitutes a breach of a fiduciary duty. The limited record before the Court at this juncture indicates that this is simply a business dispute between equal co-managers. Second, the Court is not convinced that JWJ's alleged injury cannot be cured by the damages JWJ expressly requested in the Complaint. The final factors in the injunctive relief analysis are whether granting the injunction would cause harm to others and/or serve the public interest. " The Court finds this factor weighs against granting preliminary injunctive relief for two reasons. First, the Court finds that the Trust Defendants will be harmed if an injunction were to issue because they would be denied the ability to exercise their co-management rights in WHR. Second, the Court finds that the public interest would be served by this Court refraining from interfering with the Trust's WHR co-management rights, which are currently property of the Bankruptcy Estate. Accordingly, JWJ's motion for preliminary injunction and for appointment of a receiver is denied without prejudice. This case is, thus, transferred to the U.S. District Court for the District of Kansas, for reassignment pursuant to that Court's Standing Order No. 13-1 to the U.S. Bankruptcy Court for the District of Kansas. Plaintiff's motion for preliminary injunction and for a receiver is denied without prejudice to refiling in the transferee court. A full-text copy of the Court's Order dated August 9, 2018 is available at https://bit.ly/2OWu0KY from Leagle.com. JWJ Hotel Holdings, Inc., formerly known as AJJ Hotel Holdings, Inc., Plaintiff, represented by Joseph J. Braun, The Federal Reserve Building & Philomena S. Ashdown, Strauss & Troy. Jacqueline O. Dowdy, Co-Manager of W&H Realty, LLC and Co-Trustee & Greggory D. Groves, Co-Trustee, Defendants, represented by Andrew William Owen -- aowen@ulmer.com -- Ulmer & Berne LLP & Nicholas Zluticky, Stinson Leonard Street LLP, pro hac vice. About John Q. Hammons Fall 2006 Springfield, Missouri-based John Q. Hammons Hotels & Resorts (JQH) -- http://www.jqhhotels.com/-- is a private, independent owner and manager of hotels in the United States, representing brands such as: Marriott, Hilton, Embassy Suites by Hilton, Sheraton, IHG, Chateau on the Lake Resort / Spa & Convention Center, and Plaza Hotels Collection. It has portfolio of 35 hotels representing approximately 8,500 guest rooms/suites in 16 states. John Q. Hammons Fall 2006, LLC, and its affiliated debtors filed chapter 11 petitions (Bankr. D. Kan. Case Nos. 16-21139 to 16-21208) on June 26, 2016. The petitions were signed by Greggory D. Groves, vice president. The Debtors are represented by Mark A. Shaiken, Esq., Mark S. Carder, Esq., and Nicholas Zluticky, Esq., at Stinson Leonard Street LLP. The Debtors' conflict counsel is Victor F. Weber, Esq., at Merrick Baker and Strauss PC. At the time of filing, the Debtors estimated assets at $100 million to $500 million and liabilities at $100 million to $500 million. JOLIVETTE HAULING: Court Approves Disclosures, Confirms Plan ------------------------------------------------------------ Bankruptcy Judge Catherine J. Furay entered an order approving Jolivette Hauling, Inc.'s disclosure statement dated June 18, 2018, and confirming its Chapter 11 Plan of Liquidation. A copy of the Second Amended Plan from PacerMonitor.com is available at https://tinyurl.com/y8gkp5na at no charge. About Jolivette Hauling Jolivette Hauling Inc. is a licensed and bonded freight shipping and trucking company running freight hauling business from Taylor, Wisconsin. On Aug. 31, 2017, the Company ceased its business operations. On March 27, 2017, Jolivette Hauling filed a voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Wisc. Case No. 17-11005). In the petition signed by James Jolivette, registered agent, the Debtor estimated $1 million to $10 million in assets and liabilities. The Debtor's counsel is Evan M. Swenson, Esq., at Swenson Law Group LLC. The Debtor hired Barry Hansen of Hansen & Young, Inc., as auctioneer for the sale of business equipment. JONAS WERNER: Voluntary Chapter 11 Case Summary ----------------------------------------------- Debtor: Jonas Werner Construction LLC 144 N. Beverwyck RD #247 Lake Hiawatha, NJ 07034 Business Description: Jonas Werner Construction LLC filed as a Single Asset Real Estate (as defined in 11 U.S.C. Section 101(51B)). Chapter 11 Petition Date: August 24, 2018 Court: United States Bankruptcy Court District of New Jersey (Newark) Case No.: 18-26998 Judge: Hon. Vincent F. Papalia Debtor's Counsel: Louis A. Modugno, Esq. MCELROY, DEUTSCH, & MULVANEY & CARPENTER, LLP 40 West Ridgewood Avenue Ridgewood, NJ 07450 Tel: 973-993-8100 201-445-6722 Email: lmodugno@mdmc-law.com info@mdmc-law.com Estimated Assets: $500,000 to $1 million Estimated Liabilities: $1 million to $10 million The petition was signed by Paul Kevin Jonas II, managing member. The Debtor failed to incorporate in the petition a list of its 20 largest unsecured creditors. A full-text copy of the petition is available for free at: http://bankrupt.com/misc/njb18-26998.pdf JWCCC LLC: May Use Cash Collateral Until Nov. 30 ------------------------------------------------ The U.S. Bankruptcy Court for the Northern District of Texas authorized JWCCC, LLC, a/k/a Marwill Grain Company to operate its business and to use cash collateral to pay expenses arising in the ordinary course of business provided the gross amount of such expenses does not exceed the total sum of $155,000. The Debtor's right to use cash collateral will expire upon the expiration of the Use Term -- July 31, 2018 through Nov. 30, 2018 -- unless extended by agreement of Colonial Savings, F.A. or upon Order of the Court. In connection with the Debtor's authorized use of Cash Collateral, the Debtor will be permitted to make payments adequate protection payments of $5,000 per month to Colonial on Aug. 25, 2018, Sept. 25, 2018, Oct. 25, 2018 and Nov. 25, 2018. Since On Deck Capital, Inc.'s lien is junior and inferior to Colonial's lien, On Deck seems to be totally unsecured, therefore, there will not be any need for Debtor to pay any adequate protection payments to On Deck. Colonial will have and is granted a valid, perfected and enforceable new, first-priority lien and security interest upon all categories of property of Debtor, including cash collateral, which were subject to its security interest or lien as of the Petition Date. The grant of the liens to the Colonial as to property of Debtor will only act as adequate protection for the diminution in value, if any, of the Colonial's Collateral caused by Debtor's use of cash collateral. The security interests and liens granted (i) will be in the same priority as prepetition liens to the extent that the pre-petition liens and security interests are valid, perfected, enforceable and not avoided; (ii) are and will be valid, perfected, enforceable, and effective as of the Petition Date without any further action by Debtor or Colonial without the execution, filing, or recordation of any financing statements and security agreements or other documents; and (iii) will secure payment of principal as well as any interest, costs, or other charges to which Colonial may be entitled post-petition. As additional adequate protection, Colonial is granted a superpriority administrative expense claim under Bankruptcy Code Section 507(b) to the extent that the Adequate Protections Liens granted herein prove insufficient to adequately protect Colonial's interests. The post-petition liens in favor of Colonial will be prior and senior to any other security interest, interest, encumbrance, right or lien, subject only to: (i) the valid and perfected pre-petition liens and security interests of Colonial in the Colonial's Collateral existing as of the Petition Date; (ii) valid and perfected liens and security interests, if any, of other creditors (including creditors holding tax claims based on lien(s) created by statute under Texas law) in any specific piece of property and proceeds that existed as of the Petition Date and that are senior and prior to any pre-petition lien and security interest of the Lender in such property; and (iii) fees payable to the U.S. Trustee. A full-text copy of the Order is available at http://bankrupt.com/misc/txnb18-41853-41.pdf About JWCCC, LLC a/k/a Marwill Grain Company JWCCC, LLC, a/k/a Marwill Grain Company -- http://www.marwillgrain.com/-- operates an organic garden center and a pet supply store in North Texas. The Company has been serving the needs of organic gardeners, urban farmers, modern homesteaders, and pet lovers since 1946. Through its Landscape Services Division, Marwill Grain offers design and installation projects, drainage and irrigation services, hardscaping, and organic maintenance services. Currently the division serves Grapevine and its surrounding cities. Marwill Grain Company filed a Chapter 11 petition (Bankr. N.D. Tex. Case No. 18-41853) on May 8, 2018, estimating $100,000 to $500,000 in assets and $1 million to $10 million in liabilities. Behrooz P. Vida, Esq., at The Vida Law Firm, PLLC, is the Debtor's counsel. KELLEY BROS: Exclusivity Period Extended Through Oct. 15 -------------------------------------------------------- The Hon. David W. Hercher of the U.S. Bankruptcy Court for the District of Oregon, at the behest of Kelley Bros., Inc., has extended the Debtor's exclusivity period to file plan of reorganization from Aug. 15, 2018 to Oct. 15, 2018. About Kelley Bros. Inc. Kelley Bros., Inc., is a privately-held company in the moving service industry located in Veneta, Oregon. It has been providing lumber trucking services since 1981. Kelley Bros. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Ore. Case No. 18-60423) on Feb. 16, 2018. In its petition signed by Myrna D. Kelley, president, the Debtor disclosed $1.81 million in assets and $2.41 million in liabilities as of Dec. 31, 2016. Judge Thomas M. Renn presides over the case. LA HABICHUELA: Plan Outline Okayed, Plan Hearing on Oct. 5 ---------------------------------------------------------- La Habichuela Inc. is now a step closer to emerging from Chapter 11 protection after a bankruptcy judge approved the outline of its plan of reorganization. Judge Edward Godoy of the U.S. Bankruptcy Court for the District of Puerto Rico on Aug. 16 gave the thumbs-up to the disclosure statement after finding that it contains "adequate information." The order required creditors to submit ballots of acceptance or rejection of the reorganization plan and to file objections to its confirmation on or before 14 days prior to the date of the hearing. A court hearing to consider confirmation of the plan is scheduled for Oct. 5, at 9:30 a.m. The hearing will take place at the Jose V. Toledo Federal Building and U.S. Courthouse, Courtroom 2. About La Habichuela Inc. La Habichuela, Inc., based in Carolina, Puerto Rico, filed a Chapter 11 petition (Bankr. D.P.R. Case No. 15-09171) on November 19, 2015. Francisco R. Moya Huff, Esq. serves as bankruptcy counsel. In its petition, the Debtor estimated $164,372 in assets and $1.23 million in liabilities. The petition was signed by Francisco Cabello Dominguez, secretary. LE CENTRE ON FOURTH: Sale Closing of Property Delays Plan --------------------------------------------------------- LeCentre on Fourth, LLC, asks the U.S. Bankruptcy Court for the Southern District of Florida to extend the exclusive period within which only the Debtor may solicit acceptances to the Plan for an additional 60 days through and including November 26, 2018. The Debtor will request that the Court consider confirmation of the Plan, and the final hearing to consider approval of the sale of the Property, for November 15, 2018. On Nov. 15, 2017, Al J. Schneider Company and 501 Fourth Street, LLC, filed their Motion to Dismiss Case, or In The Alternative To Transfer Venue to The Western District of Kentucky. Subsequently, the Court conducted an evidentiary hearing on the Motion to Dismiss. At the conclusion of the evidentiary hearing, the Court took the Motion to Dismiss under advisement. The Debtor relates that while the Motion to Dismiss was pending, the Court ordered the Debtor not to advance the marketing or sale of the Property, and limited the scope of services GlassRatner Advisory & Capital Group, LLC and the Debtor's Co-Chief Restructuring Officers are to provide pending an adjudication of the Motion to Dismiss. On February 28, 2018, the Court entered an order denying the Motion to Dismiss in all respects. Following entry of the Order, the Debtor initiated preliminary discussions with U.S. Bank, National Association -- the Debtor's senior secured lender; Stonehenge Community Development LX, LLC; Stonehenge Community Development LXVIII, LLC; Stonehenge Community Development LVI, LLC; and Master Tenant, the holders of approximately $30 million of subordinated secured indebtedness, regarding the terms of a plan of reorganization, which may include a sale of the Property. The Debtor's counsel also had discussions with counsel for the Movants and counsel for Bachelor Land Holdings, LLC regarding the Debtor's intention to file a plan of reorganization, or other alternatives to resolving the Chapter 11 Case. The foregoing discussions resulted in the parties' agreement to participate in mediation with aim of resolving Debtor's case. In April 2018, the parties participated in a two day, in person mediation before Judy Thompson, Esq. While the parties did not reach a definitive agreement at during their time together, the parties extended the mediation process and continued their settlement discussions. On July 19, 2018, the mediation conference reached an impasse. On July 25, 2018, the Debtor filed its Disclosure Statement and its Chapter 11 Plan of Reorganization. The Plan is premised on a sale of the Property pursuant to an open and competitive sale process pursuant to Section 363(b) and (f) of the Bankruptcy Code. As disclosed in the Case Management Summary, the Property enjoys the benefit of Tax Credits. To preserve the Tax Credits, the closing of the sale of the Property cannot occur prior to October 25, 2018. Accordingly, the Debtor submits that cause exists for the extension requested. More specifically: (a) Debtor's case involves over $60 million of secured indebtedness. The Debtor enjoys the benefit of approximately $12 million in Federal Historic Tax Credits and approximately $7.0 million of New Market Tax Credits. The Tax Credits have not burned off and are subject to recapture. Avoiding a recapture, and the attendant tax liability, is a paramount interest of the Debtor and its stakeholders. Therefore, the Plan proposes a sale of the Property with a closing in November; (b) The Debtor is generally paying its post-petition debts as they come due; (c) The Debtor is in compliance with all of the operating guidelines of the United States Trustee; (d) The Debtor timely filed the Plan; (e) The Debtor seeks this extension of exclusivity in good faith, not to pressure or otherwise prejudice the rights of any of its creditors or any party-in-interest; (f) The Debtor's case has been pending for approximately nine months, although a meaningful part of that time was devoted to discovery and the trial of the Motion to Dismiss and, more recently, to the mediation process which, unfortunately, resulted in impasse. About Le Centre on Fourth Le Centre on Fourth LLC is a privately held company in Plantation, Florida, that operates under the traveler accommodation industry. Its principal assets are located at 501 South Fourth Street Louisville, KY 40202. Bachelor Land Holdings, LLC, is the holder of the majority of the issued and outstanding units of membership interest of the company. Le Centre on Fourth filed for Chapter 11 bankruptcy protection (Bankr. S.D. Fla. Case No. 17-23632) on Nov. 10, 2017. In the petition signed by CRO Ian Ratner, the Debtor estimated its assets and liabilities at between $50 million and $100 million. Judge Raymond B. Ray presides over the case. The Debtor tapped the Law Firm of Berger Singerman LLP as its legal counsel; the Law Office of Mark D. Foster, as special tax counsel; and GlassRatner Advisory & Capital Group, LLC, as its restructuring advisor. LEWIS SPECIALTIES: Taps Angela Stout as Financial Professional -------------------------------------------------------------- Lewis Specialties Trucking Service, LLC, seeks approval from the U.S. Bankruptcy Court for the Eastern District of Texas to hire a professional to prepare its monthly operating reports. The Debtor proposes to employ Angela Stout, an administrative service manager, and pay her $800 per month for her services. Ms. Stout disclosed in a court filing that she is "disinterested" as defined in section 101(14) of the Bankruptcy Code, according to court filings. Ms. Stout maintains an office at: Angela Stout 5320 Gulfway Dr. #9 Port Arthur, TX 77642 Phone: 409-216-8960 About Lewis Specialties Trucking Founded in 1992, Lewis Specialties Trucking Service LLC -- http://www.lewisspecialties.com/-- offers full-service truck and trailer maintenance, truck painting, washing, repairs, and refurbishing, to name a few. The Debtor previously filed a Chapter 11 petition (Bankr. E.D. Tex. Case No. 17-10270) on May 5, 2017. Lewis Specialties Trucking Service filed a Chapter 11 petition (Bankr. E.D. Tex. Case No. 18-10175) on May 4, 2018. The Hon. Bill Parker presides over the case. In the petition signed by Antonio Lewis, president, the Debtor disclosed $626,800 in assets and $1.21 million in liabilities. Diane S. Barron, Esq., at Barron and Barron, L.L.P., serves as bankruptcy counsel. LOVEJOY'S FAMILY: Taps Illyssa I. Fogel as Legal Counsel -------------------------------------------------------- Lovejoy's Family Moving, Inc., seeks approval from the U.S. Bankruptcy Court for the Central District of California to hire Illyssa I. Fogel & Associates as its legal counsel. The firm will advise the Debtor regarding its duties under the Bankruptcy Code; assist in the investigation and determination of the estate's assets and liabilities; conduct examination of witnesses or claimants; assist in the preparation of a plan of reorganization; and provide other legal services related to its Chapter 11 case. The firm will charge these hourly rates: Illyssa Fogel Attorney $450 W. Sloan Youkstetter Attorney $300 Jacinda Gibson-Ashby Paralegal $185 Fogel was paid a retainer in the sum of $36,000. Illyssa Fogel, Esq., disclosed in a court filing that the firm neither represents nor holds any interest adverse to the interest of the Debtor's estate. The firm can be reached through: Illyssa I. Fogel, Esq. W. Sloan Youkstetter, Esq. Illyssa I. Fogel & Associates 815 N. La Brea Ave., Suite 78 Inglewood, CA 90302 V/F: 888.570.7220 E-mail: ifogel@iiflaw.com About Lovejoy's Family Moving Headquartered in Chula Vista, California, Republic Moving & Storage Inc. -- https://www.republicmoving.com/ -- provides moving and storage solutions for residential homes, military personnel, and commercial businesses throughout Southern California and the world. Lovejoy's Family Moving sought protection under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 18-16624) on Aug. 6, 2018. In the petition signed by Joseph W. Lovejoy, president, the Debtor estimated assets of $1 million to $10 million and liabilities of $1 million to $10 million. Judge Scott C. Clarkson presides over the case. M & M CAPITAL: Court Denies Motion to Approve Plan Outline ---------------------------------------------------------- The U.S. Bankruptcy Court for the Eastern District of Pennsylvania on Aug. 15 denied the motion filed by M & M Capital Investments, LLC to approve the disclosure statement, which explains its proposed Chapter 11 plan. The court ordered that any amended disclosure statement or plan and any motion to approve the amended disclosure statement must be filed on or before Aug. 24. The motion will be considered for approval on Sept. 26. The Debtor's bankruptcy case is a "single asset real estate" ("SARE") case as defined by Code Section 101(51B) as "real property constituting a single property of project, other than residential real property with fewer than four residential units, which generates substantially all of the gross income of the debtor . . . and on which no substantial business is being conducted by the debtor other than the business of operating the real property and activities incidental thereto." The Debtor owns the real property located at 169 E. Ridge Road, in Linwood, Pennsylvania, which is its sole asset. The Debtor purchased the property in 2013 for $220000.00, but is valued by the Debtor in its schedules at $200,000.00. The property is apparently valued at approximately $160,000.00 by the mortgagee. Holders of allowed claims of all other non-insider unsecured creditors, classified in Class 5, will receive 25% of their claims over 48 months in quarterly installments commencing 30 days following the effective date of the plan. Class 5 is impaired. A copy of the Disclosure Statement from PacerMonitor.com is available at https://tinyurl.com/ydgphkuz at no charge. About M & M Capital Investments M & M Capital Investments, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Pa. Case No. 18-12641) on April 19, 2018. At the time of the filing, the Debtor estimated assets of less than $50,000 and liabilities of less than $50,000. Judge Eric L. Frank presides over the case. The Debtor tapped the Law Offices of Timothy Zearfoss as its legal counsel. MAGEE BENEVOLENT: Case Summary & 20 Largest Unsecured Creditors --------------------------------------------------------------- Debtor: Magee Benevolent Association dba Magee General Hospital 300 3rd Avenue SE Magee, MS 39111 Business Description: Magee General Hospital serves as a general medical/surgical facility in Magee, Mississippi. The Hospital offers medical services in cardiology, audiology, dentistry, general surgery, internal medicine, oncology, emergency care, and many other medical services. Visit http://www.mghosp.orgfor more information. Chapter 11 Petition Date: August 24, 2018 Court: United States Bankruptcy Court Southern District of Mississippi (Jackson-3 Divisional Office) Case No.: 18-03283 Judge: Hon. Katharine M. Samson Debtor's Counsel: Craig M. Geno, Esq. LAW OFFICES OF CRAIG M. GENO, PLLC 587 Highland Colony Pkwy. Ridgeland, MS 39157 Tel: 601 427-0048 Fax: 601-427-0050 Email: cmgeno@cmgenolaw.com Estimated Assets: $1 million to $10 million Estimated Liabilities: $1 million to $10 million The petition was signed by Sean Johnson, CEO. A copy of the Debtor's list of 20 largest unsecured creditors is available for free at: http://bankrupt.com/misc/mssb18-03283_creditors.pdf A full-text copy of the petition is available for free at: http://bankrupt.com/misc/mssb18-03283.pdf MENSONIDES DAIRY: CVTW Buying 10 Acres of Yakima Land for $43K/Acre ------------------------------------------------------------------- Art Mensonides and Trijntje Mensonides ask the U.S. Bankruptcy Court for the Eastern District of Washington to authorize the sale of the real property located in Yakima County, Washington, which comprises 9.95 acres of bare land in located in Yakima County, Washington, to Chino Valley Truck Wash, Inc. ("CVTW") for $42,500/acre for the sale property, for an approximate total purchase price of $422,875. The Debtors are the owners of the real property located in Yakima County, Washington, which comprises 19.90 acres of bare land zoned as M1 commercial and is identified as Yakima County Tax Parcel No. 220901-12008. The Debtors have been approached by the Buyer about a purchase of the North half of the Tax Parcel, consisting of the Sale Property. The parties entered in to their Sale Agreement for the Sale Property. The Sale Agreement as amended on July 30, 201. While not explicitly stated, the Sale Agreement is subject to approval by the Court. CVTW has offered to pay the sum of $42,500/acre for the Sale Property, for an approximate total purchase price of $422,875, according to the terms of the Sale Agreement. CVTW will provide $20,000 in earnest money by check within two days of the execution of the Sale Agreement. The sale will be free and clear of liens, encumbrances, rights or interests. The Sale Agreement would require the Debtors to subdivide the Tax Parcel into two parcels of approximately 9.95 acres in size. The North 9.95 acre parcel would be sold to CVTW under the Sale Agreement. The South 9.5 acre parcel would be retained by the Debtors. The Sale Agreement requires the Debtors to take such actions as are necessary subdivide the Tax Parcel as required by the Sale Agreement. The Debtors are asking as part of the Motion authority to expend funds necessary to subdivide the Tax Parcel. The authority they sought specifically includes the ability to pay $4,800 in costs to AHBL, Inc. AHBL, has already performed the survey and other land use work necessary to subdivide the Tax Parcel. If the Debtors are not allowed to pay AHBL, Inc. they will be required to obtain a new survey, which will waste significant time and will require the Debtors to pay an equivalent amount of money to a new surveyor. The Debtors would not be required to submit any documents to Yakima County in order to approve the subdivision prior to CVTW's waiver of its feasibility contingency. The Sale Agreement is subject to these contingencies: a. Feasibility: A 60-day due diligence/feasibility contingency in favor of CVTW in order to evaluate the feasibility of the Sale Property for CVTW's intended purposes. If CVTW does not provide notice to the Debtors within the 60-day period that the feasibility contingency has been satisfied then the Sale Agreement would terminate and the earnest money would be returned to CVTW. b. Permits/Approvals: A contingency providing that the Buyer will satisfy itself that it will be able to obtain all necessary permits and approvals required from governmental agencies in order to allow the construction of a commercial truck wash on the Sale Property. Failure of the Buyer to satisfy itself of the satisfaction of this contingency prior to closing would result in termination of the Sale Agreement and return of the earnest money to CVTW. c. Waste Water: A contingency providing that the Buyer will satisfy itself that it has an agreement: (i) with the Port of Sunnyside to dispose of waste water; (ii) and the City of Sunnyside to supply potable water. Failure of the Buyer to satisfy itself of the satisfaction of this contingency prior to closing would result in termination of the Sale Agreement and return of the earnest money to CVTW. d. Closing: In the event CVTW waives its contingencies the sale of the Sale Property would close no later than Nov. 15, 2018. The Debtors believe that the Tax Parcel/Sale Property is subject to a mortgage/deed of trust in favor of Farm Credit Services. The proceeds from the sale of the Sale Property will be insufficient to pay Farm Credit in full. The Debtors are not aware of any additional liens or encumbrances against the Tax Parcel/Sale Property. The Debtors ask authority to pay the following costs from the proceeds of the Closing: (i) real estate commission to AgCom Real Estate in an amount approved by the Court; (ii) costs of title insurance; (iii) real property taxes, excise tax or other taxes for which the Debtors are responsible under applicable law or the Sale Agreement; (iv) recording fees; (v) costs of closing and escrow; and (vi) other costs and fees which are customarily charged in connection with real estate closings. The Debtors propose that after payment of the approved Closing Costs, the net proceeds from the sale of the Sale Property will be held by the counsel for the Debtors in a non-interest bearing IOLTA trust account pending further order of the Court. Any liens and encumbrances against the Sale Property, specifically including, but not limited to the lien of Farm Credit Services, will continue in the Proceeds in the same amount and priority as the liens existed against the Sale Property. No party will be required to take any further action in order to perfect its lien against the Proceeds so long as the parties' lien against the Sale Property was properly attached and perfected. The Sale Property is not necessary for the Debtors dairy operations and is not related in any way to the operation of the Mensonides Dairy, LLC. The Debtors believe that the price of $42,500/acre proposed by CVTW represents a fair market value offer for the Sale Property. They have not received any superior offers for the Sale Property from any other third parties. They have no existing relationship with CVTW other than the Sale Agreement. Consummation of the sale to CVTW will benefit the estate by liquidating non-essential, non-income producing assets and reducing the carrying costs the Estate has of holding those assets. A copy of the Agreement attached to the Motion is available for free at: http://bankrupt.com/misc/Mensonides_Dairy_144_Sales.pdf The Purchaser: John Loureiro CHINO VALLEY TRUCK WASH, INC. 14411 Euclid Ave. Ontario, CA 91762 Business Phone: (909) 606-4180 Mobile Phone: (909) 227-1117 About Mensonides Dairy Mensonides Dairy LLC operates a farm that produces milk and other dairy products. It was founded in 1993 and is based in Mabton, Washington. Mensonides Dairy sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Wash. Case No. 18-01681) on June 14, 2018. In the petition signed by Art Mensonides, its owner and member, the Debtor estimated assets of $10 million to $50 million and liabilities of $10 million to $50 million. Judge Frank L. Kurtz presides over the case. The Debtor tapped Steven Sackmann, Esq., of Sackmann Law, PLLC, and Toni Meacham, Esq., as co-counsel. MFL INC: Taps Fisher Patterson as Chapter 11 Counsel ---------------------------------------------------- MFL Inc. seeks approval from the United States Bankruptcy Court for the District of Kansas to employ Fisher Patterson Sayler & Smith, LLP, as its attorney to represent the Debtor during the pendency of this case. The Debtor has selected Justice B. King of the law firm of Fisher Patterson Sayler & Smith, LLP to represent the estate in this matter. Fisher Patterson Sayler & Smith is expected to render these services: (a) provide the Debtor with legal advice with respect to its power and duties as Debtor-in-Possession in the continued operation of the management of its property; (b) prepare on behalf of the Debtor the necessary applications, answers, orders, reports and other legal papers; and (c) perform all other legal services for the Debtor, as Debtor-in-Possession as may be necessary. Fisher Patterson will be compensated on an hourly basis for services rendered and is to be reimbursed for expenses incurred, including travel, photocopying, telefax and long distance telephone. Hourly rates for the firm's professionals who will be working in this case are: Justice B. King $250 Other Associates $185 Paralegals $90 Law Clerks $45 Mr. King attests that Fisher Patterson does not represent and does not hold any interest adverse to the Debtor, the Debtor's estate, or its creditor in the matter upon which the firm is to be engaged and are "disinterested persons" within the meaning of Section 101(14) of the Bankruptcy Code. Fisher Patterson can be reached at: Justice B. King, Esq. FISHER, PATTERSON, SAYLER & SMITH, L.L.P. 3550 S.W. 5th Street Topeka, KS 66606 Tel: (785) 232-7761 Fax: (785) 232-6604 Email: jking@fisherpatterson.com About MFL Inc. MFL Inc., aka Memory Foam Liquidators Inc. aka AAA Custom Services, is located in Topeka, Kansas. MFL Inc. is in the foams and rubber business. MFL Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. Kan. Case No. 18-21422) on July 12, 2018. In the petition signed by Christopher D. Farmer, president, the Debtor disclosed $1.34 million in assets and $1.91 million in liabilities. Justice B. King, Esq., at Fisher Patterson Sayler & Smith, LLP serves as counsel to the Debtor. MIAMI BEVERLY: Seeks Nov. 13 Exclusive Filing Period Extension -------------------------------------------------------------- Joint Debtors, Miami Beverly LLC, 1336 NW 60 LLC, Reverend LLC, 13300 Alexandria Dr Holdings LLC, and The Holdings At City, LLC, ask the U.S. Bankruptcy Court for the Southern District of Florida to extend the exclusivity period within which the Debtors may file a joint Plan and solicit acceptances to such a joint Plan by 90 days up, to and including November 13, 2018 and January 12, 2019, respectively. On June 14, 2018, the Court entered an Agreed Order Granting, in Part, Amended Motion Pursuant to 11 U.S.C. Section 543(d)(1) to Excuse Receiver from Compliance With Turnover Requirements and to Establish Powers and Duties of Receiver Nunc Pro Tunc to Petition Date. The 543 Order set forth the mechanism whereby the Receiver will remain as a custodian in possession, custody and control of the Properties. However, pursuant to the 543 Order, the Receiver was not given authority to liquidate any of the Debtors' assets, with that authority remaining vested in the Debtors. The Debtors were also required to: (1) seek a hearing on the Sale Motion no later than 30 days' notice after the filing of the Sale Motion; (2) seek a final hearing to be scheduled for no later than 135 days after the filing of the Sale Motion; and (3) conduct a closing no later than 150 days after the filing of the Sale Motion. As such, a closing on the Properties must take place on or before November 11, 2018. Following the Court's order extending the Debtors' Deadlines to file the Sale Motion, the Debtors filed their Initial Sale Motion. On August 3 and 6, 2018, several creditors filed objections and a joinder to the Initial Sale Motion. Subsequently, the Debtors filed their amended the Initial Sale Motion, which provides for the following: (i) A higher sale amount for the Properties. (ii) Allocates the sale proceeds amongst the various Debtors' estates. (iii) Substantially increases the down payment to be made prior to closing. (iv) Removes any financing contingencies. Recognizing the need to allow parties to review the terms of the amended agreement, the Court agreed to reschedule the hearing on the Amended Sale Motion to August 29, 2018. Accordingly, in light of the forthcoming sale and focus on resolving issues associated therewith, the Debtors intend on filing a joint plan of reorganization and disclosure statement as soon as practicable. In the meantime, however, the exclusive period within which the Debtors may file a plan of reorganization expires on August 15, 2018, and the exclusive solicitation period expires on October 14, 2018. About Miami Beverly Miami Beverly, LLC and its affiliates 1336 NW 60 LLC, Reverend, LLC, 13300 Alexandria Dr. Holdings, LLC and The Holdings at City, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Lead Case No. 18-14506) on April 17, 2018. In the petition signed by Denise Vaknin, manager, Miami Beverly estimated assets of less than $50,000 and liabilities of less than $500,000. Judge Laurel M. Isicoff presides over the cases. MOKE PEACE: Judge Moves Plan Filing Deadline to Nov. 13 ------------------------------------------------------- The Hon. Elizabeth S. Stong of the U.S. Bankruptcy Court for the Eastern District of New York, at the behest of Moke Peace 11 Corp., has extended the 90-day deadline by which the Debtor must (i) file a plan of reorganization that has a reasonable possibility of being confirmed within a reasonable time or (ii) commence monthly payments as required by Section 362(d)(3)(B), through and including Nov. 13, 2018. The Troubled Company Reporter has previously reported that the Debtor asked the Court to extend by approximately 90 days the exclusive period to file a chapter 11 plan, through and including Dec. 10, 2018, and to solicit votes thereon through and including Feb. 8, 2019. Prior to the Petition Date, the Debtor purchased a real property located at 416 Madison St., Brooklyn, NY 11221. An uninhabited structure situated on the Property. The structure is in substantial disrepair. The Property does not generate any income. The value of the Property is unknown. At the time of purchase, the Debtor did not satisfy the claims of secured creditors held against the Property -- it purchased the Property subject to the claims of secured creditors against the Property. The Debtor intended to pay the secured creditors a reasonable, negotiated sum (a) to satisfy their claims against the Property and (b) satisfy their claims against the holders of the note issued by the secured creditors. Accordingly, the Debtor said that sufficient cause exists to grant the requested extension of the Exclusivity Periods, among other reasons: (a) The case has some complexity, in that the Debtor is not the holder of the note and is therefore obligated to pay only the value of the collateral to the secured creditors. Moreover, the two secured creditors have themselves engaged in litigation over the priorities of their respective mortgages. (b) From the Debtor's first meeting with the Trustee, and in statements made to the Court, the Debtor has expressed its desire to negotiate a fair value for the collateral with the secured creditors. (c) Although the Debtor has made many efforts to reach out to the secured creditors, they have so far been unresponsive. One cannot negotiate with oneself, the Debtor says. (d) The Debtor is not paying for its debts as they become due. Rather, the Debtor has an arrangement for those debts to be paid timely. As a result, the Debtor is current with its administrative claims. (e) There is little question that if the Debtor can resolve the amount due to the secured creditors, it can propose a plan of reorganization that satisfies those creditors. (f) This is the Debtor's first request for an extension of time. It makes the request now because of the time constraints expected from (i) the anticipated August vacation schedule, (ii) the Labor Day holiday, and (iii) the Jewish Holiday (approximately Sept. 10 - Sept. 19, 2018 and Sept. 23 - Oct. 2, 2018), all of which will delay the Debtor's efforts (as well as that of the Debtor's counsel) to engage in substantive negotiations. (g) The Debtor is not seeking to pressure creditors. It actively seeks to negotiate with its creditors. About Moke Peace 11 Corp. In order to stay an imminent foreclosure sale and to restructure the debt on its property, Moke Peace 11 Corp. filed a Chapter 11 bankruptcy petition (Bankr. E.D.N.Y. Case No. 18-42780) on May 14, 2018. In the petition signed by Michael Kandhorov, president, the Debtor estimated under $50,000 in assets and liabilities. The Law Office of Ira R. Abel is the Debtor's counsel. NANA DEVELOPMENT: S&P Places 'B-' ICR On CreditWatch Positive ------------------------------------------------------------- S&P Global Ratings placed its 'B-' issuer credit rating on NANA Development Corp. on CreditWatch with positive implications. S&P said, "At the same time, we raised our issue-level rating on the company's senior notes to 'B+' from 'B' and revised our recovery rating on the notes to '1' from '2'. The '1' recovery rating reflects our expectation for very high recovery (90%-100%; rounded estimate: 95%) in a payment default scenario. We also placed the issue-level ratings on CreditWatch with positive implications." NANA Development has announced a tender offer for its senior notes due March 2019. In June 2018, the company repaid a portion of the notes with proceeds from divestitures of previously underperforming businesses along with free cash flow, resulting in a remaining balance of $172 million, reduced from $275 originally, improving recovery prospects for noteholders, in S&P's view. S&P said, "We could raise NANA Development's issuer credit rating one notch to 'B' if the company addressed near-term debt maturities, such that we believe it will maintain adequate liquidity over the next 12-18 months. We intend to resolve the CreditWatch listing after the company repays the notes, which we currently expect in September 2018." NORTH DALLAS: Hires Gary G. Lyon as Bankruptcy Counsel ------------------------------------------------------ North Dallas Pain and Wellness, PLLC, seeks authority from the U.S. Bankruptcy Court for the Eastern District of Texas to employ Gary G. Lyon, as bankruptcy counsel to the Debtor. North Dallas requires Gary G. Lyon to: (a) furnish legal advice to the Debtor with regard to its powers, duties and responsibilities as a debtor-in- possession and the continued management of its affairs and assets under chapter 11; (b) prepare, for and on behalf of the Debtor, all necessary applications, motions, answers, orders, reports and other legal papers; (c) prepare a disclosure statement and plan of reorganization and other services incident thereto; (d) investigate and prosecute preference and fraudulent transfers actions arising under the avoidance powers of the Bankruptcy Code; and (e) perform all other legal services for the Debtor which may be necessary herein. Gary G. Lyon will be paid at these hourly rates: Attorneys $400 Paralegals $75 Gary G. Lyon will be paid a retainer in the amount of $5,000. Gary G. Lyon will also be reimbursed for reasonable out-of-pocket expenses incurred. Gary G. Lyon, Esq. assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Gary G. Lyon can be reached at: Gary G. Lyon, Esq. 6401 W. Eldorado Parkway, Ste 234 McKinney, TX 75070 Tel: (214) 620-2034 Fax: (469) 521-7219 E-mail: glyon.attorney@gmail.com About North Dallas Pain and Wellness North Dallas Pain and Wellness PLLC, filed a Chapter 11 bankruptcy petition (Bankr. E.D. Tex. Case No. 18-41566) on July 20, 2018, estimating under $1 million in both assets and liabilities. The Debtor is represented by Gary G. Lyon, Esq. OGHI LLC: Hires Shraiberg Landau as Bankruptcy Counsel ------------------------------------------------------ OGHI, LLC seeks authority from the United States Bankruptcy Court for Southern District of Florida in Fort Lauderdale to employ Bradley Shraiberg and the law firm of Shraiberg, Landau & Page, P.A. as its bankruptcy counsel. OGHI needs Shraiberg Landau to: (a) advise the Debtor generally regarding matters of bankruptcy law in connection with the case; (b) advise the Debtor of the requirements of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, applicable bankruptcy rules, including local rules, pertaining to the administration of the Case and U.S. Trustee Guidelines related to the daily operation of its business and administration of the estate; (c) represent the Debtor in all proceedings before this Court; (d) prepare and review motions, pleadings, orders, applications, adversary proceedings, and other legal documents arising in the Case; (e) negotiate with creditors, prepare and seek confirmation of a plan of reorganization and related documents, and assist the Debtor with implementation of any plan; and (f) perform all other legal services for the Debtor as may be necessary. Prior to the filing of the Debtor's petition, Shraiberg Landau was provided with a cost retainer in the amount of $4,000. Neither Mr. Shraiberg nor Shraiberg Landau represent any interest adverse to the Debtor, its estate, or its creditors, the firm disclosed. However, Mr. Shraiberg said he and his wife, Bracha Shraiberg, were 1% owners in the Debtor prepetition, but prior to the petition date, unconditionally transferred their 1% ownership interest in the Debtor to Andre Chabonneau. Shraiberg, Landau & Page, P.A. can be reached at: Bradley S. Shraiberg, Esq. Max J. Smith, Esq. SHRAIBERG, LANDAU, & PAGE, P.A. 2385 NW Executive Center Drive, #300 Boca Raton, FL 33431 Telephone: 561-443-0800 Facsimile: 561-998-0047 Email: bss@slp.law msmith@slp.law About OGHI, LLC Glacier Ice and Snow Arena is a 40,000-square foot facility, located in the heart of South Florida. The Arena is on Federal Highway just North of Sample Rd. at 4601 N. Federal Highway, Pompano Beach, FL 33064. It is equipped with a pro shop, snack bar, party rooms, locker rooms, an NHL sized rink, and a mini rink. OGHI, LLC, the owner of Glacier Ice and Snow Arena, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 18-18498) on July, 13 2018. In the petition signed by its manager, Terry Cudmore, the Debtor estimated assets between $0 to $50,000 and liabilities between $1 million to $10 million. Judge Raymond B. Ray presides over the case. Bradley S. Shraiberg, Esq., and Max J. Smith at Shraiberg, Landau & Page, P.A., serve as the Debtor's counsel. PAC ANCHOR: Seeks to Expand Scope of Trojan Services ---------------------------------------------------- Pac Anchor Transportation, Inc., asked the U.S. Bankruptcy Court for the Central District of California to expand the scope of services of Trojan and Company Accountancy Corporation. In its application, the Debtor asked the court to allow its accountant to provide additional services, which include assisting the Debtor in connection with the audit of its 2016 tax returns, and providing expert witness services in connection with the designation of Donald Trojan as an expert witness in a case filed against the Debtor in the Superior Court of California (Case No. BC397600). The firm can be reached through: Donald J. Trojan Trojan and Company Accountancy Corp. 3351 Cerritos Avenue Los Alamitos, CA 90720 Tel: (562) 598-5600 About Pac Anchor Transportation Pac Anchor Transportation, Inc., was formed from the merger of Pac Anchor Transportation, Inc., and Green Anchor Lines, Inc. Pac Anchor is a trucking company located in Wilmington, California, that provides trucking services throughout the western United States. Pac Anchor filed for Chapter 11 bankruptcy protection (Bankr. C.D. Cal. Case No. 17-18213) on July 6, 2017. In the petition signed by Alfredo Barajas, its president, the Debtor disclosed $12.08 million in assets and $11.24 million in liabilities. Judge Ernest M. Robles presides over the case. Haberbush & Associates LLP is the Debtor's legal counsel. Trojan and Company Accountancy Corp. is the Debtor's accountant. On Aug. 10, 2017, the Office of the U.S. Trustee appointed an official committee of unsecured creditors. The Committee retained Levene, Neale, Bender, Yoo & Brill LLP as legal counsel, and Armory Consulting Company as financial advisor, and hired Van Horn Auctions & Appraisal Group, LLC, to appraise the rolling stock and related personal property of the Debtor with a fixed fee arrangement. PACIFIC DRILLING: Taps KPMG as Auditor for Liberian Unit -------------------------------------------------------- Pacific Drilling S.A. seeks approval from the U.S. Bankruptcy Court for the Southern District of New York to hire KPMG Professional Services. The firm will be employed as auditor for Pacific Bora Limited, a company registered in the Republic of Liberia. Pursuant to their engagement agreement, KPMG will audit the financial statements of Pacific Bora's Nigerian operations for the year ending December 31, 2017 for a fixed fee of $85,457. For additional services not covered under the agreement, the firm will charge these hourly rates: Partner $489 - $782 Audit Director $424 Senior Manager $375 Manager $258 Senior Associate $133 to $200 Associate $70 to $104 Ayo Soyinka, a partner at KPMG, disclosed in a court filing that the firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. KPMG can be reached through: Ayo Soyinka KPMG Professional Services KPMG Tower Bishop Aboyade Cole Street Victoria Island, Lagos Tel: +234 1 271 8955 (or 8599) About Pacific Drilling Pacific Drilling S.A. (OTC: PACDQ) a Luxembourg public limited liability company (societe anonyme), operates an international offshore drilling business that specializes in ultra-deepwater and complex well construction services. Pacific Drilling -- http://www.pacificdrilling.com/-- owns seven high-specification floating rigs: the Pacific Bora, the Pacific Mistral, the Pacific Scirocco, the Pacific Santa Ana, the Pacific Khamsin, the Pacific Sharav and the Pacific Meltem. All drillships are of the latest generations, delivered between 2010 and 2014, with a combined historical acquisition cost exceeding $5.0 billion. The average useful life of a drillship exceeds 25 years. On Nov. 12, 2017, Pacific Drilling S.A. and 21 affiliates each filed a voluntary petition for relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 17-13193). The cases are pending before the Honorable Michael E. Wiles and are jointly administered. Pacific Drilling disclosed $5.46 billion in assets and $3.18 billion in liabilities as of Sept. 30, 2017. The Debtors tapped Sullivan & Cromwell LLP as bankruptcy counsel but was later replaced by Togut, Segal & Segal LLP; Evercore Partners International LLP as investment banker; AlixPartners, LLP, as restructuring advisor; Alvarez & Marsal Taxand, LLC as executive compensation and benefits consultant; Ince & Co LLP and Jones Walker LLP as special counsel; and Prime Clerk LLC as claims and noticing agent. The RCF Agent tapped Shearman & Sterling LLP, as counsel, and PJT Partners LP, as financial advisor. The ad hoc group of RCF Lenders engaged White & Case LLP, as counsel. The SSCF Agent tapped Milbank Tweed, Hadley & McCloy LLP, as counsel, and Moelis & Company LLC, as financial advisor. The Ad Hoc Group of Various Holders of the Ship Group C Debt, 2020 Notes and Term Loan B tapped Paul, Weiss, Rifkind, Wharton & Garrison, in New York as counsel. PARKINSON SEED: Hires Silvercreek as Real Estate Consultant ----------------------------------------------------------- Parkinson Seed Farm, Inc. sought and obtained authority from the United States Bankruptcy Court for District of Idaho to employ Ronald Jones and Richard Brown of Silvercreek Realty Group as Real Estate Consultant/Broker. The Debtor proposes to employ Ronald Jones and Richard Brown, licensed Idaho real estate agents, as its exclusive Broker to market and sell real property in Fremont and Bannock Counties, Idaho. The Debtor states these assets are not necessary for an effective reorganization of its bankruptcy estate. Parkinson Seed relates that the Debtor has entered into an agreement to sell real property, which includes broker due diligence fees, reimbursement of fees to third party service providers, and a real estate transaction fee of 4.5% of the purchase price. Messrs. Jones and Brown attest that neither they, nor any of their associates at Silvercreek have represented or had any connection with any of the Debtor's creditors, their attorneys, accountants, the United States Trustee's office, or any person employed in the office of the United States Trustee or any other parties in interest. However, Mr. Jones was previous employed in other unrelated cases by a creditor's attorney, Peterman and KeyBank. Silvercreek Realty Group can be reached at: Ronald Jones SILVERCREEK REALTY GROUP 3717 North 3544 East Twin Falls, ID 83301 Phone: (208) 539-1393 Email: ronjoned1977@gmail.com - and - Richard Brown SILVERCREEK REALTY GROUP 2002 Jennie Lee Drive Idaho Falls, ID 83404 Telephone: (208) 206-5045 Email: Richard.brown@alphafarmland.com About Parkinson Seed Farm Located in Saint Anthony, Idaho, Parkinson Seed Farm, Inc. -- http://www.parkinsonseedfarm.com/-- farms approximately 7,200 acres of potatoes. It raises seed potatoes, hard red and hard white wheat, as well as a small amount of alfalfa (mostly to feed horses for recreational purposes). The company raises 11 of what it considers to be more mainstream varieties such as the Russet Burbank, Ranger, three different line selections of Russet Norkotah, white varieties such as Cal Whites and Atlantics, and reds like the Dark Red Norland. The company was founded in 1937. Parkinson Seed Farm sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Idaho Case No. 18-40412) on May 15, 2018. In the petition signed by Dirk Parkinson, president, the Debtor disclosed $6.11 million in assets and $26.92 million in liabilities. Judge Joseph M. Meier presides over the case. Parkinson Seed Farm hired Robinson & Associates as its legal counsel. PARKPROVO LLC: Taps Highland Commercial as Real Estate Broker ------------------------------------------------------------- Parkprovo, LLC, seeks approval from the U.S. Bankruptcy Court for the District of Utah to hire a real estate broker. The Debtor proposes to employ Highland Commercial, Inc., in connection with the sale of a water park located at 1330 East 300 North, Provo, Utah. The listing price is $13.5 million. Highland will get a commission of 4% of the gross sales price. In the event there is a participating broker, the firm will get a 2.25% commission. If the property is removed from the market, the Debtor's case is dismissed or converted to another case, a trustee or receiver is appointed, or the property is disposed of other than through a sale, the Debtor will pay the firm a $50,000 broker fee. Highland and its agents are "disinterested persons" as defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Gary R. Nelson Highland Commercial, Inc. 2733 East Parleys Way, Suite 304 Salt Lake City, UT 84109 Phone: (801) 487-6100 Fax: (801) 487-2210 Email: gary@hciutah.com About Parkprovo LLC Parkprovo, LLC, is a privately-held company in Provo, Utah, that owns a water park. Parkprovo sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Utah Case No. 18-22860) on April 23, 2018. In the petition signed by Robert Conte, managing member, the Debtor estimated assets of $10 million to $50 million and liabilities of $1 million to $10 million. Judge Kimball R. Mosier presides over the case. The Debtor tapped Holland & Hart LLP as its legal counsel. PATRIOT NATIONAL: Claims in CCMI Suit vs M. Shaiper, BSAI Narrowed ------------------------------------------------------------------ Bankruptcy Judge Kevin Gross grants in part and denies in part Defendants' motion to dismiss the case captioned CORPORATE CLAIMS MANAGEMENT, INC., Plaintiff, v. MICHELLE SHAIPER AND BRENTWOOD SERVICES ADMINISTRATORS, INC., Defendants, Adv. Pro. No. 18-50307 (KG) (Bankr. D. Del.). In a thirteen-count complaint, Corporate Claims Management, Inc. alleges that through use of the Company's trade secrets, confidential and proprietary information (the "Misappropriated Information"), Defendants stole customers and employees under a pre-meditated course of action involving Shaiper leaving CCMI to join Brentwood. CCMI states that such actions led to a breach of Shaiper's contracts with the Company, a misappropriation of trade secrets and several other tortious actions. The Complaint raises three separate categories of claims: (1) claims grounded in bankruptcy law; (2) claims grounded in trade secret law; and (3) claims grounded in state tort law. In Count One, CCMI alleges that Defendants violated the automatic stay by obtaining, maintaining and continually using CCMI's Misappropriated Information. CCMI states that the Misappropriated Information constitutes property of the estate and Defendants have continued to use the Misappropriated Information to their benefit despite the invocation of the automatic stay on the bankruptcy filing date of January 30, 2018. The Court finds the Complaint sufficiently alleges claims under Section 362(a)(3) and (k). The Court need not decide if the contract rights and Misappropriated Information are in fact property of the estate; the Court need only determine if CCMI has alleged facts that, with further evidence, could reveal the contract rights and Misappropriated Information as property of the estate. CCMI has met this burden and properly alleged Shaiper's contract rights and the Misappropriated Information constitute property of the estate which Defendants have used post-petition. For these reasons, the Motions as to Count One are denied. In Count Five, CCMI alleges that Brentwood tortiously interfered with the Non-Interference Agreement between Shaiper and CCMI resulting in irreparable harm. The Court finds CCMI has not adequately alleged that Brentwood had knowledge of the contract. In support of its argument that Brentwood tortiously interfered with the Non-Interference Agreement, CCMI directs the Court to Paragraph 80 of the Complaint, which states "Brentwood knew or should have known that Shaiper had entered the Non-Interference Agreement with CCMI." This statement is no more than a recitation of the second element of knowledge required under Missouri law to put forth a tortious interference with contract claim. The Complaint contains no other facts indicating that Brentwood had, or should have had, knowledge of the Non-Interference Agreement. As CCMI has not adequately alleged Brentwood's knowledge of the Non-Interference Agreement between Shaiper and CCMI, the claim cannot proceed. For these reasons, the Motion as to Count Five is granted. In Count Eight, CCMI asserts that Shaiper breached her fiduciary duty of loyalty by luring customers and employees away from CCMI up to, and after, her resignation with the Company. The Court finds that CCMI has alleged sufficient facts to permit the claim to survive the Motion. In Count Ten, CCMI alleges that Defendants, with knowledge, intentionally interfered with CCMI's business relationship with its current and prospective customers, such that CCMI lost customers and suffered damages. The Court finds the facts pled by CCMI sufficient to allege such a claim against Shaiper, but not against Brentwood. In Count Eleven, CCMI alleges that Brentwood and Shaiper acted in concert and, pursuant to a common design and scheme, conspired to engage in the unlawful actions set forth in the Complaint. The Court notes that all underlying state action claims against Brentwood will be dismissed except for Count Thirteen, unjust enrichment. Seeing as the only valid claim alleged is unjust enrichment, the civil conspiracy claim may proceed, but only in reference to the unjust enrichment claim regarding the conferral and retention of the Customer List. For these reasons, the Motions as to Count Eleven are denied. A full-text copy of the Court's Opinion dated August 8, 2018 is available at https://bit.ly/2N9Uk3S from Leagle.com. Corporate Claims Management, Inc., Plaintiff, represented by Laura Davis Jones --ljones@pszjlaw.com -- Pachulski Stang Ziehl & Jones LLP, Peter J. Keane -- pkeane@pszjlaw.com --Pachulski Stang Young & Jones LLP &James E. O'Neill -- Joneill@pszjlaw.com -- Pachulski Stang Ziehl & Jones LLP. Michelle Shaiper, Defendant, represented by Michael Joseph Joyce -- mjoyce@oelegal.com -- O'Kelly Ernst & Joyce, LLC. Brentwood Services Administrators, Inc., Defendant, represented by Mark L. Desgrosseilliers -- mark.desgrosseilliers@wbd-us.com -- Womble Bond Dickinson (US) LLP, Tim K. Garrett, Bass, Berry & Sims PLC, Ericka Fredricks Johnson -- Ericka.johnson@wbd.us.com -- Womble Bond Dickinson (US) LLP & Russell E. Stair, Bass, Berry & Sims PLC. Prime Clerk LLC, Claims Agent, represented by Benjamin Joseph Steele , Prime Clerk LLC. About Patriot National Fort Lauderdale, Florida-based Patriot National, Inc., also known as Old Guard Risk Services, Inc., through its subsidiaries, provides agency, underwriting and policyholder services to its insurance carrier clients, primarily in the workers' compensation sector. Patriot National -- http://www.patnat.com/-- provides general agency services, technology outsourcing, software solutions, specialty underwriting and policyholder services, claims administration services and self-funded health plans to its insurance carrier clients, employers and other clients. Patriot was incorporated in Delaware in November 2013. The Company completed its initial public offering in January 2015 and its common stock is listed on the New York Stock Exchange under the symbol "PN." Patriot National, Inc., and affiliates sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 18-10189) on Jan. 30, 2018. In the petitions signed by CRO James S. Feltman, the Debtors disclosed $159.4 million in total assets and $242.2 million in total debt as of Dec. 31, 2017. The Debtors have tapped Laura Davis Jones, Esq., James E. O'Neill, Esq., and Peter J. Keane, Esq., at Pachulski Stang Ziehl & Jones LLP and Kathryn A. Coleman, Esq., Christopher Gartman, Esq., and Jacob Gartman, Esq., at Hughes Hubbard & Reed LLP as bankruptcy counsel; Pachulski Stang Ziehl & Jones LLP as co-counsel and conflicts counsel; Duff & Phelps, LLC, as financial advisor; and Conway Mackenzie Management Services, LLC, as provider of EVP of Finance and related advisory services. Prime Clerk LLC -- https://cases.primeclerk.com/patnat -- is the Debtors' claims, noticing and balloting agent. James S. Feltman of Duff & Phelps, LLC, has been tapped as chief restructuring officer to the Debtors. The Office of the U.S. Trustee has named two creditors -- Jessica Barad and MCMC LLC -- to serve on an official committee of unsecured creditors in the Debtors' cases. PEORIA REGIONAL: Disclosure Statement Hearing on Sept. 20 --------------------------------------------------------- The U.S. Bankruptcy Court for the District of Arizona is set to hold a hearing on Sept. 20 to consider approval of the disclosure statement, which explains the Chapter 11 plan of reorganization for Peoria Regional Medical Center, LLC. The hearing will be held at 2:00 p.m., at Courtroom 301. Objections are due by Oct. 4. About Peoria Regional Medical Center Headquartered in Mesa, Arizona, Peoria Regional Medical Center, LLC, aka Peoria Hospital LLC, owns an unfinished medical center located at 26320 Lake Pleasant Parkway, Peoria, Arizona. The medical center was intended to be the city's first full-service general acute-care hospital. The Peoria Building Board of Appeals had ordered the demolition of the structure indicating that the structure was an unattractive nuisance and a hazardous building. Peoria Regional Medical Center filed for Chapter 11 bankruptcy protection (Bankr. D. Ariz. Case No. 17-11742) on Oct. 4, 2017, estimating its assets at up to $50,000 and its liabilities at between $1 million and $10 million. The petition was signed by Timothy A. Johns, manager. Judge Scott H. Gan presides over the case. Heather Ann Macre, Esq., at Aiken Schenk Hawkins & Ricciardi P.C., serves as the Debtor's bankruptcy counsel. No official committee of unsecured creditors has been appointed in the Debtor's case. PIONEER HEALTH: First Guaranty Not Entitled to Payment as Lessor ---------------------------------------------------------------- The United States Court of Appeals, Fifth Circuit, affirmed the District Court's ruling denying First Guaranty Bank's motion to compel payment in the appeals case captioned FIRST GUARANTY BANK, as successor to the interests of Republic Bank, assignee to the interests of Med One Capital Funding, L.L.C. (the Movant"), Appellant, v. PIONEER HEALTH SERVICES, INCORPORATED, Appellee, No. 17-60824 (5th Cir.). Debtor-Appellee Pioneer Health Services, Inc. is a healthcare provider. It bought access to software to maintain its electronic health records and financed the purchase through a third party. The third party assigned its interest to another party, the predecessor in interest to Appellant First Guaranty Bank. When Pioneer Health Services declared bankruptcy, First Guaranty Bank filed a motion to compel payment under the contract as an unexpired lease or an administrative expense. The bankruptcy court denied the motion, and the district court affirmed. First Guaranty argues that it is entitled to payment under three different provisions of the Bankruptcy Code: 11 U.S.C. sections 365(d)(5), 503(b)(1), and 503(b)(8). The Court considered each in turn and concludes that First Guaranty is not entitled to payment. First Guaranty Bank argues that the "Conditional Sales Agreements" are, in fact, leases. To do so, it points to paragraphs 11 to 14 of the agreements.2 In these paragraphs, Pioneer Health "agrees that Med One is leasing (and not financing) the Software" and grants Med One the right to end its use of the software if it fails to pay. But the parties' labels are not the key consideration, for Utah law elevates substance over form. The parties' "lease" provides that the transaction is "non-cancelable" and "may not be terminated for any reason." Both of agreements then provide that upon completion of the payment plan, title to the "Equipment" will transfer to Pioneer Health. Accordingly, the "Conditional Sales Agreements" are "in the form of a lease," "are not subject to cancellation by" Pioneer Health, and Pioneer Health "is bound to become the owner of the goods."Under Utah law, "no further analysis is required," and the "Conditional Sales Agreements" created a security interest rather than a lease. The bankruptcy court therefore correctly determined that First Guaranty had failed to state a plausible claim that it was entitled to payment as a lessor under 11 U.S.C. section 365(d)(5). Section 503(b)(1)(A) provides for payment of "the actual, necessary costs and expenses of preserving the estate." 11 U.S.C. section 503(b)(1)(A). The Court interpreted this section to impose a temporal limitation: the costs and expenses must have arisen post-petition through a transaction with the debtor-in-possession. It is undisputed that the transactions at issue arose years before Pioneer Health filed for bankruptcy. Nor are the "Conditional Sales Agreements" leases, such that each payment is a "new expense[]" that "pay[s] for new inputs." The parties' relationship is a financing arrangement and the payments due to First Guaranty and Med One are an "`old' expense to be adjusted to deal with financial distress." Section 503(b)(8) provides for payment of "the actual, necessary costs and expenses of closing a health care business incurred by a trustee or by a Federal agency . . . or a department or agency of a State or political subdivision thereof." Even assuming that a creditor has standing to assert an administrative expense claim for costs incurred by a trustee or government entity, First Guaranty did not even allege that Pioneer Health had closed or was even preparing to close any facilities. Rather, First Guaranty merely alleged in its motion that it was entitled to payment "to the extent that some the [sic] Debtors are closing or their patients being [sic] transferred." In other words, First Guaranty had no facts to indicate that Pioneer Health or any of its facilities was closing or preparing to do so--it was merely asserting its right to payment on the off-chance that Pioneer Health had closed, was closing, or would in the future close a facility. "Factual allegations must be enough to raise a right to relief above the speculative level. . . ." First Guaranty's allegations merely posited that it might be entitled to payment under section 503(b)(8) if Pioneer Health were closing a facility. That was insufficient to state a claim to payment that was anything but "speculative." In sum, First Guaranty failed to allege facts that raise a plausible inference that it is entitled to payment under 11 U.S.C. sections 365(d), 503(b)(1)(A), or 503(b)(8). A full-text copy of the Court's Ruling dated August 7, 2018 is available at https://bit.ly/2MGAlNe from Leagle.com. Craig M. Geno, for Appellee. Charles Brackett Hendricks, for Appellant. James Altus McCullough, II, for Intervenor. Darryl Scott Laddin, for Intervenor. Heath Alan Fite -- heath.fite@wallerlaw.com -- for Appellee. Chad J. Hammons -- chammons@joneswalker.com -- for Appellant. Jordan Montgomery Lewis, for Appellant. About Pioneer Health Services Pioneer Health Services, Inc., provides healthcare services to rural communities, and own and manage rural critical access hospitals. Pioneer Health Services and its debtor-affiliates, including Medicomp Inc., filed Chapter 11 bankruptcy petitions (Bankr. S.D. Miss. Lead Case No. 16-01119) on March 30, 2016. Pioneer Health Services of Early County, LLC, commenced a Chapter 11 case on April 8, 2016. The cases are administratively consolidated. Joseph S. McNulty III, its president, signed the petitions. Pioneer Health Services estimated $10 million to $50 million in assets and liabilities. Judge Hon. Neil P. Olack presides over the Debtors' cases. The Law Offices of Craig M. Geno PLLC serves as the Debtors' counsel. Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., is acting as special counsel to the Debtor. Henry Hobbs, Jr., acting U.S. trustee for Region 5, appointed an official committee of unsecured creditors on April 19, 2017. The Committee retained Arnall Golden Gregory LLP as counsel, and GlassRatner Advisory & Capital Group LLC as financial advisor. POC PROPERTIES: Plan Confirmation Hearing Scheduled for Sept. 17 ---------------------------------------------------------------- Bankruptcy Judge Susan V. Kelley issued an order approving POC Properties, LLC, and affiliates' joint disclosure statement dated August 17, 2018. The hearing on confirmation of the First Amended Joint Plan of Reorganization is scheduled for 9:00 a.m. on Sept. 17, 2018 in Room 167 at the United States Courthouse, 517 E. Wisconsin Ave., Milwaukee, Wisconsin. All ballots must be returned to and received by Counsel for the Debtors on or before Sept. 12, 2018. All objections to confirmation must be filed with the Court on or before 9:00 a.m. on Sept. 17, 2018. The Debtors' Amended Plan values its property at the following amounts: -- $5,723,000 for the Otono Property -- $345,000 for the Verano Property -- $4,005,000 for the Conejos Property -- $1,945,000 for the Masthead Property -- $4,410,000 for the Tanoan Property The Debtors state that if the Court does not adopt the values used by the Debtors and determines a lower value, then the secured claim(s) will decrease and the unsecured claims will increase. Assuming a difference of 1% between the interest rates for secured and unsecured claims, a change in value of $1 million will result in the overall monthly payments increasing by approximately $626. The total difference in the values is approximately $3 million, or the worst case would be an increase of $1,900 in total per month. With the $1.2 million available from the Debtors' principals and based upon the projection, the Debtors could cover the additional $136,800 over the seven-year life of the Plan. There is projected to be $44,699 available in cash at the end of the seven-year Plan payments plus there is an additional $95,000 that the Debtors show is available. The Plan projects Verano being sold in June 2021 and being sold at the value that Monty's opined would be the value if the most recent tenant had not taken the space. By June 2021, that tenant's lease will have run and the property can be sold as a vacant property, which would yield at least the amount that Monty's appraiser valued the property. Since the property has already increased by at least $50,000 in two years' time, the likelihood is that the value will further increase above the $470,000, particularly since the existing Seavey lease will be closer to expiring. The projections assume that the real estate will appreciate in value by an average of 4.5%. According to the testimony of the Debtors' valuation expert in June 2018, real estate appreciates over the long term in New Mexico of 3% to 6%. The midpoint was used as an approximation of the increase in value of the properties during the 7 years after the Effective Date. With the reduction of principal and the increase in real property values, the amount owed Monty will be 90% of the values of the properties. Either the properties will be sold and Monty paid, yielding a small profit for the Debtors, or the properties will be refinanced if it is feasible to do so. A redlined version of the Amended Disclosure Statement from PacerMonitor.com is available at https://tinyurl.com/y8gbw72v at no charge. About POC Properties POC Properties, LLC, SOP Academy, LLC and Academy Road Partners, LLC, filed Chapter 11 bankruptcy petitions (Bankr. E.D. Wisc. Case Nos. 15-33291, 15-33292 and 15-33293, respectively) on Dec. 11, 2015. Warren S. Blumenthal signed the petition as authorized person. The Debtors estimated both assets and liabilities in the range of $10 million to $50 million. Kerkman & Dunn represents the Debtors as counsel. Judge Susan V. Kelley is assigned to the case. PREFERRED CARE: Taps BlackBriar as Financial Advisor ---------------------------------------------------- Preferred Care Partners Management Group, L.P., and Kentucky Partners Management, LLC seek approval from the U.S. Bankruptcy Court for the Northern District of Texas to hire BlackBriar Financial Advisors, LLC as their financial advisor. The firm will provide financial advisory services to assist the Debtors in connection with their Chapter 11 plan and sale process, which include (i) performing an analysis of financials and related risk factors of the potential revenue based on existing management subsidiaries to determine a range of values to facilitate a potential sale of the subsidiaries; (ii) evaluating the potential realizable net cash flow of the subsidiaries; and (iii) analyzing the value of estate assets and assisting the Debtors' legal counsel in facilitating a reorganization or liquidation of the Debtors. The firm's hourly rates range from $175 to $420. BlackBriar is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: Robert Schleizer BlackBriar Financial Advisors, LLC 3131 McKinney Ave., Suite 600 Dallas, TX 75204 Phone: 214.599.8600 Cell: 214.882.8300 Email: bschleizer@blackbriaradvisors.com Email: info@blackbriaradvisors.com About Preferred Care Partners Headquartered in Plano, Texas, Preferred Care Partners Management Group and Kentucky Partners operate skilled nursing care facilities. Preferred Care Partners Management Group, L.P., and affiliate Kentucky Partners Management, LLC, filed for Chapter 11 bankruptcy protection (Bankr. N.D. Tex. Case No. 17-34296 and 17-34297) on Nov. 13, 2017. Travis Eugene Lunceford, manager of general partner, signed the petition. The jointly administered cases were later transferred to the Fort Worth Division and assigned Case No. 17-44741. Mark Edward Andrews, Esq., Jane Anne Gerber, Esq., and Aaron Michael Kaufman, Esq., at Dykema Cox Smith, serve as the Debtors' bankruptcy counsel. Preferred Care estimated its assets at between $50,000 and $100,000, and its liabilities at between $10 million and $50 million. Kentucky Partners estimated its assets at up to $50,000 and its liabilities at between $10 million and $50 million. PREFERRED PROVIDERS: Hires Todd M. Halbert as Bankruptcy Counsel ---------------------------------------------------------------- Preferred Providers, Inc., seeks authority from the U.S. Bankruptcy Court for the Eastern District of Michigan to employ Todd M. Halbert, as counsel to the Debtor. Preferred Providers requires Todd M. Halbert to: a. provide legal advice with respect to the Debtor's powers and duties as debtors-in-possession in the management of its assets; b. assist the Debtor in maximizing the value of its assets for the benefit of all creditors and other parties in interest; c. commence and prosecute any and all necessary and appropriate actions and proceedings on behalf of the Debtor and its assets; d. conduct negotiations with the Debtor's creditors; e. prepare, on behalf of the Debtor, all of the applications, motions, answers, orders, reports and other legal papers necessary in these bankruptcy proceedings; f. draft a plan of reorganization and disclosure statement; g. appear in Court to represent and protect the interests of the Debtor and its estate; and h. perform all other legal services for the Debtor that may be necessary and proper in this Chapter 11 proceeding. Todd M. Halbert will be paid at the hourly rate of $300. Prior to the Filing Date, the Debtor made retainer payments to Todd M. Halbert of $5,000 each on July 27, 2018 and Aug. 3, 2018. On Aug. 14, 2018, the Debtor made payments of $8,717 and $9,283 to Todd M. Halbert. From the $8,717 payment, Todd M. Halbert (a) paid $7,000 and the two previous retainer payments to his outstanding prepetition fees, and (b) paid the $1,717 Chapter 11 filing fee. Todd M. Halbert is holding the $9,283 payment as a retainer for postpetition services to be rendered to the Debtor in the Chapter 11 case. Todd M. Halbert will also be reimbursed for reasonable out-of-pocket expenses incurred. Todd M. Halbert, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Todd M. Halbert can be reached at: Todd M. Halbert, Esq. 24359 Northwestern Hwy., Suite 250 Southfield, MI 48075 Tel: (248) 356-6204 E-mail: toddmhalbert@msn.com About Preferred Providers Preferred Providers, Inc., is a home healthcare agency that operates patient homes and assisted living facilities. Preferred Providers, based in Ann Arbor, MI, filed a Chapter 11 petition (Bankr. E.D. Mich. Case No. 18-51350) on Aug. 15, 2018. In the petition signed by Ronald Cleland, president, the Debtor disclosed $245,342 in assets and $1,321,999 in liabilities. The Hon. Marci B. McIvor presides over the case. Todd M. Halbert, Esq., serves as bankruptcy counsel. PRIVILEGE WEALTH MANAGEMENT: Chapter 15 Case Summary ---------------------------------------------------- Chapter 15 Debtor: Privilege Wealth Management Limited 186 Main Street P.O. Box 453 Gibraltar Business Description: Privilege Wealth Management Limited is an investment company based in Gibraltar. Foreign Proceeding in Which Appointment of the Foreign Representatives Occurred: Gibraltar Chapter 15 Case No.: 18-20346 Chapter 15 Petition Date: August 24, 2018 Court: United States Bankruptcy Court Southern District of Florida (Miami) Judge: Hon. Robert A. Mark Foreign Representatives: David Ingram and Frederick David John White 30 Finsbury Square London EC2P 2YU Foreign Representatives' Counsel: Leyza F. Blanco, Esq. SEQUOR LAW 1001 Brickell Bay Drive, 9th Floor Miami, FL 33131 Tel: 305-372-8282 Email: lblanco@sequorlaw.com Estimated Assets: Unknown Estimated Debt: Unknown A full-text copy of the petition is available for free at: http://bankrupt.com/misc/flsb18-20346.pdf PROTEA BIOSCIENCES: Taps Stone Pier Capital as Investment Banker ---------------------------------------------------------------- Protea Biosciences, Inc. and Protea Biosciences Group, Inc., seek approval from the U.S. Bankruptcy Court for the Northern District of West Virginia to hire an investment banker. The Debtors propose to employ Stone Pier Capital Advisors, LP to market one of their remaining assets: a stock purchase and sale agreement dated May 21, 2014 with AzurRx Biopharmacy, Inc. The firm will get a commission of $50,000, plus a commission of 10% of any court-approved bid in excess of $1 million. Stone Pier is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: Charles A. Schliebs Stone Pier Capital Advisors, LP Phone: 412.656.7600 Email: charlie.schliebs@stonepiercapital.com About Protea Biosciences Headquartered in Morgantown, West Virginia, Protea Biosciences Inc. -- https://www.proteabio.com/ -- is a bioanalytics technology company that provides analytical and diagnostic solutions for the rapid and direct identification, mapping and display of the molecules present in living cells and biological samples. Protea Biosciences, Inc., and its affiliate Protea Biosciences Group, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. W.Va. Case Nos. 17-01200 and 17-01201) on Dec. 1, 2017. At the time of the filing, Protea Biosciences disclosed $5.16 million in assets and $13.64 million in liabilities. Protea Biosciences Group disclosed $2.7 million in assets and $18.2 million in liabilities. Judge Patrick M. Flatley presides over the case. The Debtors hired Buchanan Ingersoll & Rooney PC as their legal counsel; and Compass Advisory Partners, LLC, as their restructuring advisor. The U.S. Trustee for Region 7 appointed an official committee of unsecured creditors in the Debtors' cases. Leech Tishman Fuscaldo & Lampl, LLC, is the Committee's legal counsel, and Johnson Law, PLLC, is its local counsel. PROTECTO HORSE: Hires Stevenson & Bullock as Counsel ---------------------------------------------------- Protecto Horse Equipment, Inc. sought and obtained permission from the United States Bankruptcy Court for Eastern District of Michigan in Detroit to employ Elliot G. Crowder and any other member of Stevenson & Bullock, P.L.C. as counsel to represent them in this case. The Debtor needs Stevenson & Bullock to prepare all schedules, applications, motions, orders, and reports, and to appear at bankruptcy court hearings on behalf of the Debtor, in the bankruptcy cases; and generally counsel the Debtor in all legal matters during the Chapter 11 cases; whereby Debtor has retained Stevenson & Bullock for the purposes of representing it in all bankruptcy related matters, and representation in negotiations and proceedings pertaining to the Chapter 11 bankruptcy case. It is specifically understood and agreed Stevenson & Bullock will counsel and represent the Debtor in all legal matters during the pending Chapter 11 cases (including representation in all contested matters, which shall include issues relating to the automatic stay, cash collateral, and bankruptcy case administration), subject to the terms of the parties' Engagement Letter. Stevenson & Bullock will be paid at these hourly rates: ATTORNEYS Michael A. Stevenson $250 Charles D. Bullock $250 Kimberly Bedigian $250 Sonya N. Goll $250 Ernest M. Hassan, III $250 Elliot G. Crowder $250 Michelle Stephenson $250 Other attorneys $200 to $400 PARALEGALS Leslie D. Haas $100 Marsha Lawrence LEGAL ASSISTANTS $50-$95 Stevenson & Bullock received a post-filing retainer of $1,500; and $5,217 for pre-petition fees and expenses for its representation of the Debtors ($1,717 was for the Chapter 11 filing fee). Elliot G. Crowder, Esq., attests that he and all other members of Stevenson & Bullock, P.L.C., have not nor had any connection with the Debtor, creditors, any other party-in-interest, their respective attorneys and accountants, the United States Trustee or any other person employed in the office of the United States Trustee, except that: (a) Michael A. Stevenson is a Chapter 7 Panel Trustee; (b) Charles D. Bullock taught a bankruptcy class at Thomas M. Cooley Law School with Leslie K. Berg of the Office of the United States Trustee; (c) Stevenson & Bullock has represented employees of the Office of the United States Trustee in matters unrelated to these bankruptcy cases and the Debtors. Crowder attests that Stevenson & Bullock and its professionals are "disinterested persons" as defined by 11 U.S.C. sec. 101(14). The firm may be reached at: Elliot G. Crowder, Esq. STEVENSON & BULLOCK, P.L.C. 26100 American Drive, Suite 500 Southfield, MI 48034 Tel: (248) 354-7906 Fax: (248) 354-7907 E-mail: ecrowder@sbplclaw.com About Protecto Horse Equipment Protecto Horse Equipment, Inc. filed a Chapter 11 petition (Bankr. E.D. Mich. Case No. 18-49787) on July 12, 2018. In the Petition signed by its authorized representative, Al Terwilliger, the Debtor estimated assets of less than and debts of less than $50,000. The Debtor is represented by Elliot G. Crowder, Esq., at Stevenson & Bullock, P.L.C. R & B SERVICES: Taps Mohen Cooper as Special Counsel ---------------------------------------------------- R & B Services Inc. seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to retain Mohen Cooper LLC as special counsel. The firm will continue to represent the Debtor in a case it filed against WDF Inc., New York City Department of Environmental Protection and Travelers Casualty and Surety Company of America, which is pending in the Supreme Court of New York. Mohen Cooper will also represent the Debtor in a case entitled Ferrara, Sr. (Trustees of Local 282) v. R&B Services, Inc. (Case No. 09-CV-3414) in the U.S. District Court, Eastern of New York. The firm will charge these hourly rates: Members $400 to $625 Associates $250 to $425 Paralegal $135 to $185 Andrew Cooper, Esq., at Mohen Cooper, disclosed in a court filing that his firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Andrew Cooper, Esq. Mohen Cooper LLC 135 Crossways Park Drive, Suite 402 Woodbury, NY 11797 Phone: 516.280.8600 Email: Acooper@mohencooper.com About R & B Services R & B Services Inc. is a construction company based in New York. Its services include general contracting, demolition excavation utility and site work. R & B Services sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 18-43646) on June 24, 2018. In the petition signed by Reginald Bridgewater, president, the Debtor estimated assets of $1 million to $10 million and liabilities of $1 million to $10 million. Judge Carla E. Craig presides over the case. The Debtor tapped Sichenzia Ross Ference Kesner LLP as its legal counsel. R & B SERVICES: Taps Sichenzia Ross as Legal Counsel ---------------------------------------------------- R & B Services Inc. seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to hire Sichenzia Ross Ference Kesner LLP as its legal counsel. The firm will advise the Debtor regarding its duties under the Bankruptcy Code; investigate its assets, liabilities and financial condition; assist in the preparation of a bankruptcy plan; and provide other legal services related to its Chapter 11 case. The firm will charge these hourly rates: Associates $325 to $500 Partners/Counsel $500 to $650 Paralegal $150 Ralph Preite, Esq., a partner at Sichenzia and the attorney who will provide the bulk of the legal services, charges an hourly fee of $575. Mr. Preite disclosed in a court filing that his firm neither holds nor represents any interest adverse to the Debtor and its estate. The firm can be reached through: Ralph E. Preite, Esq. Sichenzia Ross Ference Kesner LLP 1185 Avenue of the Americas, 37th Floor New York, NY 10036 Phone: (212) 930-9700 x 621 Email: rpreite@srfkllp.com About R & B Services R & B Services Inc. is a construction company based in New York. Its services include general contracting, demolition excavation utility and site work. R & B Services sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 18-43646) on June 24, 2018. In the petition signed by Reginald Bridgewater, president, the Debtor estimated assets of $1 million to $10 million and liabilities of $1 million to $10 million. Judge Carla E. Craig presides over the case. The Debtor tapped Sichenzia Ross Ference Kesner LLP as its legal counsel. RAPOWER-3 LLC: Chapter 11 Case Dismissed ---------------------------------------- The Hon. David Nuffer of the U.S. District Court for the District of Utah entered an order dismissing the Chapter 11 case, In re: RAPOWER-3, LLC, Bankr. No. 18-bk-24865 (Bankr. D. Utah). In the case, the United States moved to dismiss RaPower-3's bankruptcy petition, with findings that the filing was in bad faith, or for alternative relief. RaPower-3's response disavowed bad faith in filing its petition but agreeing that the petition should be dismissed. The United States replied insisting that dismissal with prejudice and adverse findings is appropriate. RaPower-3 filed its own motion to dismiss, insisting that these findings should not be made. According to Judge Nuffer, deep familiarity with the facts of this case, after extensive motion practice and bench trial, with numerous exhibits; careful review of proposed findings of fact and conclusions of law; availability of transcripts of trial; timing of the filing which has prevented entry of final orders including a receivership order; review of the bankruptcy case filings; and review of papers on these motions shows that the filing was clearly in bad faith and that dismissal of the bankruptcy case should be with prejudice to any filing within 180 days. Judge Nuffer also entered an order withdrawing the bankruptcy court reference of the district court case, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION, Plaintiff, vs. RAPOWER-3, LLC, Debtor, Case No. 2:18-cv-00608-DN (D. Utah). The United States filed a motion to withdraw the reference of Bankr. No. 18-bk-24865 (Chapter 11) due to the District court's familiarity with the facts underlying the dispute between the United States and RaPower-3, LLC and other defendants in, UNITED STATES OF AMERICA, Plaintiff, vs. RAPOWER-3, LLC, INTERNATIONAL AUTOMATED SYSTEMS, INC., LTB1, LLC, R. GREGORY SHEPARD, NELDON JOHNSON, and ROGER FREEBORN, Defendants, Case No. 2:15-cv-00828 DN (D. Utah). In its response, RaPower-3 agreed that the District Court should withdraw the reference. This motion is granted. The reference of In re: RAPOWER-3, LLC, Bankr. No. 18-bk-24865 (Chapter 11) is withdrawn. Prior to dismissal of its bankruptcy case, RaPower-3, LLC, sought authority from the Bankruptcy Court for District of Utah to employ Snell & Wilmer, L.L.P. as its general bankruptcy counsel. The Bankruptcy Court has not ruled on the employment application prior to case dismissal. The attorneys designated to represent the Debtor and their applicable hourly rates were: David E. Leta $590 Jeffrey D. Tuttle $345 Snell & Wilmer received payment from the Debtor, in the amount of $100,000 for services rendered and to be rendered on behalf of the Debtor that relate to this case. Snell & Wilmer applied a total amount of $4,615 against the retainer for fees and costs for services rendered for the Debtor prior to the Petition Date and for filing the fee related to this case. Snell & Wilmer disclosed that the firm represents no adverse interest to the Debtor or creditors in this case. Snell & Wilmer said it was otherwise disinterested as that term is defines in 11 U.S.C. Section 101(14). Snell & Wilmer L.L.P. can be reached at: David E. Leta, Esq. Jeffrey D. Tuttle, Esq. SNELL & WILMER L.L.P. 15 W. South Temple, Suite 1200 Salt Lake City, UT 84101 Telephone: (801) 257-1900 Facsimile: (801) 257-1800 Email: dleta@swlaw.com jtuttle@swlaw.com The office of the U.S. Trustee also sought appointment of a Chapter 11 trustee to replace management. The U.S. Trustee also informed the Bankruptcy Court there were too few unsecured creditors willing to serve for the United States Trustee to form a Creditors' Committee. About RaPower-3, LLC RaPower-3, LLC -- https://www.rapower3.com/ -- is a solar energy equipment supplier in Oasis, Utah. RaPower3 uses technology developed by International Automated Systems, Inc. RaPower-3, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. UT. Case No. 18-24865) on June 29 2018. In the petition signed by its president, Neldon P. Johnson, the Debtor estimated assets between $500,000 to $1 million and liabilities between $10 million to $50 million. Judge Kevin R. Anderson presides over the case. David E. Leta, Esq., and Jeffrey D. Tuttle at Snell & Wilmer L.L.P. is the Debtor's counsel. RED FORK (USA): Taps PLS Energy Advisors as Marketing Agent ----------------------------------------------------------- Red Fork (USA) Investments, Inc., and EastOK Pipeline, LLC, seek approval from the U.S. Bankruptcy Court for the Western District of Texas to hire a marketing agent. The Debtors propose to employ PLS Energy Advisors, Inc. to assist in marketing and potentially selling all or a portion of their assets. PLS will be paid $6,900 per month and a "success fee" upon closing of the sale of the Debtors' assets equal to: (i) 5% of the first $1 million of the "total transactional value;" (ii) 4% of the second $1 million of the total transactional value; (iii) 3% of the third $1 million of the total transactional value; (iv) 2% of the fourth $1 million of the total transactional value; and (v) 1% of any amount by which the total transactional value exceeds $4 million. The minimum success fee is $100,000. The firm has requested a $25,000 termination fee in the event the sale is cancelled or the assets are taken off the market, plus reimbursement for engineering work at the rate of $250 per hour and reimbursement for technical services at the rate of $100 per hour. PLS neither represents nor holds any interest adverse to the Debtors, according to court filings The firm can be reached through: Ross Benoche PLS, Inc. One Riverway, Suite 2200 Houston, TX 77056 About Red Fork (USA) Investments and EastOK Pipeline Red Fork (USA) Investments, Inc., and EastOK Pipeline, LLC, are in the business of oil and gas drilling and exploration with various assets located in Oklahoma. Red Fork and EastOK sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Tex. Case Nos. 18-70116 and 18-70117) on Aug. 7, 2018. In the petitions signed by Eugene I. Davis, president and sole Board member, each debtor estimated assets of $10 million to $50 million and liabilities of $100 million to $500 million. Judge Tony M. Davis presides over the cases. The Debtors tapped Dykema Cox Smith as their legal counsel. REDEEMED CHRISTIAN: Hires CCD Inc. as Financial Consultant ---------------------------------------------------------- Redeemed Christian Church of God River of Life has filed an amended application with the U.S. Bankruptcy Court for the District of Maryland seeking approval to hire CCD, Inc., as financial consultant to the Debtor. Redeemed Christian requires CCD Inc. to: -- assist the Debtor in finding financing alternatives; and -- provide guidance and conceptual understanding to the Debtor as its seeks alternatives avenues to fund its reorganization. CCD Inc. will be paid $10,000 flat fee, which shall be paid with an initial deposit of $5,000, and the balance paid 90 days thereafter. Tim Metheny, partner of CCD, Inc., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. CCD Inc. can be reached at: Tim Metheny CCD, INC. 605 W Commerce Drive Bryant, AR 72022 Tel: (501) 847-2895 Fax: (501) 847-9659 About Redeemed Christian Church of God River of Live Redeemed Christian Church of God, River of Life is a tax-exempt religious entity (as described in 26 U.S.C. Section 501). Based in Riverdale, Maryland, the Debtor filed a Chapter 11 petition (Bankr. D. Md. Case no. 18-12290) on Feb. 22, 2018. In the petition signed by Pastor Oluwagbemiga Adekunle, director, Redeemed Christian Church estimated $50,000 in assets and $1 million to $10 million in liabilities. Judge Wendelin I. Lipp is the case judge. Steven H. Greenfeld, Esq., at Cohen Baldinger & Greenfeld, LLC, is the Debtor's counsel. REMODELING SERVICES: Hires Richey Mills as Financial Advisor ------------------------------------------------------------ Remodeling Services and Complete Restoration, Inc., seeks authority from the U.S. Bankruptcy Court for the Southern District of Indiana to employ Richey Mills & Associates, LLP, as financial advisor to the Debtor. Remodeling Services requires Richey Mills to: a) investigate the financial history of and book keeping for the Debtor and to create financial models to analyze all aspects of its business operations to assist in determining how to re-structure and successfully reorganize; b) assist in the preparation of interim financial reports, including those required by secured creditors and the monthly operating reports required by the US Trustee; c) assist the Debtor in finding financing alternatives to its current lender; and d) perform such other financial advisory as may be required and in the interest of the estate herein without duplicating the effort of Bankruptcy Counsel whose employment is separately sought herein. Richey Mills will be paid at these hourly rates: Kenneth K. Wolff $325 Stan Mills $225 Daniel D. Bowser $225 Richey Mills will also be reimbursed for reasonable out-of-pocket expenses incurred. Stan Mills, partner of Richey Mills & Associates, LLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Richey Mills can be reached at: Stan Mills RICHEY MILLS & ASSOCIATES, LLP 3815 River Crossing Pkwy, Suite 100 Indianapolis, IN 46240 Tel: (317) 713-7540 About Remodeling Services and Complete Restoration, Inc. Remodeling Services & Complete Restoration, Inc. provides restoration, remodeling and new construction services. The Company's corporate headquarters are located in Greenfield, Indiana. Remodeling Services & Complete Restoration, Inc., based in Greenfield, IN, filed a Chapter 11 petition (Bankr. S.D. Ind. Case No. 18-05638) on July 25, 2018. The Hon. Robyn L. Moberly presides over the case. KC Cohen, Esq., at KC Cohen, Lawyer, PC, serves as bankruptcy counsel. The Debtor hires Richey Mills & Associates, LLP, as financial advisor. In its petition, the Debtor estimated $0 to $50,000 in assets and $1 million to $10 million in liabilities. The petition was signed by Mike Clark, president. RM HOLDCO: Hires Kurtzman Carson as Administrative Agent -------------------------------------------------------- RM Holdco LLC, and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the District of Delaware to employ Kurtzman Carson Consultants LLC, as administrative agent to the Debtors. RM Holdco requires Kurtzman Carson to: a. tabulate votes and perform related services as may be requested or required in connection with any chapter 11 plans filed in these cases and provide ballot reports and related balloting and tabulation services to the Debtors and their professionals; b. gather data in conjunction with the preparation, and assist with the preparation, of the Debtors' schedules of assets and liabilities and statements of financial affairs; c. generate an official ballot certification and testify, if necessary, in support of the ballot tabulation results; d. respond to requests for documents from parties in interest, including, if applicable, brokerage firms, bank back- offices, and institutional holders; e. manage any distributions pursuant to a confirmed chapter 11 plan; f. provide a confidential data rom, if requested; g. provide such other administrative services described in the Retention Agreement, as may be requested from time to time by the Debtors; and h. undertake such other duties as may be requested by the Debtors. Kurtzman will be paid at these hourly rates: Securities Director/Solicitation Lead $215 Securities Director/Solicitation Consultant $195 Senior Executive VP Waived Consultant/Senior Consultant $65 to $195 Technology Consultant $35 to $70 Analyst $30 to $50 Kurtzman Carson will be paid a retainer in the amount of $20,000. Kurtzman Carson will also be reimbursed for reasonable out-of-pocket expenses incurred. Robert Jordan, managing director of KCC, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. Kurtzman Carson can be reached at: Robert Jordan KURTZMAN CARSON CONSULTANTS LLC 2335 Alaska Avenue El Segundo, CA 90245 Tel: (310) 823-9000 About RM Holdco LLC RM Holdco, LLC and its subsidiaries -- http://www.realmexrestaurants.com/-- operate the Chevys Fresh Mex, El Torito, and other full-service Mexican restaurant brands. As of August 2018, RM (a) operated 69 restaurants, of which 61 are located in California and the remainder in six other states and (b) franchised 11 restaurants in seven other states. The Company owns and operates restaurants in California, Florida, Maryland, New York, Oregon, Virginia, and Washington. The Company franchises restaurants in Florida, Illinois, Maryland, Minnesota, Missouri, New Jersey, and South Dakota. RM has approximately 4,600 full-time and part-time employees. RM is majority-owned by affiliated entities of Tennenbaum Capital Partners and Z Capital Group. In March 2012, RM purchased out of bankruptcy substantially all of the assets of certain corporate entities then operating the Real Mex family of restaurants. RM Holdco, LLC, and its subsidiaries sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 18-11795) on Aug. 5, 2018. RM Holdco estimated assets in the range of $50 million to $100 million and $100 million to $500 million in debt. The Debtors tapped Sidley Austin LLP and Young Conaway Stargatt & Taylor, LLP as legal counsel; Alvarez & Marsal North America, LLC as restructuring advisor; and Piper Jaffrey & Co. as investment banker. Kurtzman Carson Consultants LLC is the claims and noticing agent. RM HOLDCO: Seeks to Hire Piper Jaffray as Investment Banker ----------------------------------------------------------- RM Holdco LLC, and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the District of Delaware to employ Piper Jaffray & Co., as investment banker to the Debtors. RM Holdco requires Piper Jaffray to: (a) assist the Debtors in marketing, structuring and negotiating a Transaction, and participate in such negotiations as requested; (b) assist in the development of financial data and presentations to potential buyers or investors, the Debtors' Board of Directors, and other parties; (c) participate in negotiations among the Debtors and their creditors, suppliers, lessors and other interested parties with respect to any Transaction; (d) provide financial advice to the Debtors in regards to a Transaction, identifying potential buyers or investors, and contacting and soliciting such parties; (e) assist in the arranging, structuring, evaluating, negotiating, and effecting of a Transaction and any due diligence process required to such end; (f) analyze any proposed Transaction and the potential impact on the value of Debtors and the recoveries of those stakeholders impacted by any Transaction; and (g) provide such other advisory services as are customarily provided in connection with the analysis, negotiation, and execution of any Transaction. Piper Jaffray will be paid at these hourly rates: (a) The Debtors shall pay PJC a fee of $50,000 per month; and (b) In the event the Debtors consummate a Sale, a Sale Fee equal to 2% of the Transaction Value of a Sale payable promptly upon consummation of such Sale; provided that in the event of a Sale in court to any Affiliated Party where there are no other qualified (or would be qualified absent a bid from an affiliated party) bids for substantially all of the Debtors' assets with a Transaction Value in excess of $50,000,000, the Sale Fee shall be reduced to $1,000,000; or (c) In the event the Debtors consummate a Restructuring, a Restructuring Fee in the amount of $1,000,000. In the 90 days immediately preceding the Petition Date, the Debtors paid $150,000 to Piper Jaffray in monthly retainer fees earned and $16,937 for expense reimbursements. Piper Jaffray will also be reimbursed for reasonable out-of-pocket expenses incurred. Teri Stratton, managing director of Piper Jaffray & Co., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. Piper Jaffray can be reached at: Teri Stratton PIPER JAFFRAY & CO. 345 Park Avenue, Suite 1200 New York, NY 10154 Tel: (212) 284-9456 About RM Holdco LLC RM Holdco, LLC and its subsidiaries -- http://www.realmexrestaurants.com/-- operate the Chevys Fresh Mex, El Torito, and other full-service Mexican restaurant brands. As of August 2018, RM (a) operated 69 restaurants, of which 61 are located in California and the remainder in six other states and (b) franchised 11 restaurants in seven other states. The Company owns and operates restaurants in California, Florida, Maryland, New York, Oregon, Virginia, and Washington. The Company franchises restaurants in Florida, Illinois, Maryland, Minnesota, Missouri, New Jersey, and South Dakota. RM has approximately 4,600 full-time and part-time employees. RM is majority-owned by affiliated entities of Tennenbaum Capital Partners and Z Capital Group. In March 2012, RM purchased out of bankruptcy substantially all of the assets of certain corporate entities then operating the Real Mex family of restaurants. RM Holdco, LLC, and its subsidiaries sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 18-11795) on Aug. 5, 2018. RM Holdco estimated assets in the range of $50 million to $100 million and $100 million to $500 million in debt. The Debtors tapped Sidley Austin LLP and Young Conaway Stargatt & Taylor, LLP as legal counsel; Alvarez & Marsal North America, LLC as restructuring advisor; and Piper Jaffrey & Co. as investment banker. Kurtzman Carson Consultants LLC is the claims and noticing agent. RM HOLDCO: Seeks to Hire Sidley Austin as Bankruptcy Counsel ------------------------------------------------------------ RM Holdco LLC, and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the District of Delaware to employ Sidley Austin LLP as bankruptcy counsel to the Debtors. RM Holdco requires Sidley Austin to: (a) provide legal advice with respect to the Debtors' powers and duties as debtors in possession in the continued operation of their business; (b) take all necessary action to protect and preserve the Debtors' estates, including the prosecution of actions on the Debtors' behalf, the defense of any actions commenced against the Debtors, the negotiation of disputes in which the Debtors are involved and the preparation of objections to claims filed against the Debtors' estates; (c) prepare on behalf of the Debtors, as debtors in possession, all necessary motions, applications, answers, orders, reports and other papers in connection with the administration of the Debtors' estates; (d) take all necessary actions in connection with any chapter 11 plan and related disclosure statement and all related documents, and such further actions as may be required in connection with the administration of the Debtors' estates; (e) provide legal advice and perform legal services with respect to matters relating to corporate governance, the interpretation, application or amendment of the Debtors' organizational documents, material contracts, and matters involving the fiduciary duties of the Debtors and their officers, directors and managers; (f) take all necessary actions in connection with a sale of some or all of the Debtors' assets during the pendency of these Chapter 11 Cases; and (g) perform all other necessary legal services in connection with the prosecution of these Chapter 11 Cases. Sidley Austin will be paid at these hourly rates: Attorneys $495 to $1,600 Paraprofessionals $245 to $420 During the 90 days prior to the Petition Date, the Debtors made payments to Sidley Austin totaling $2,321,829. Specifically, on May 22, 2018, Sidley Austin received $500,000 from the Debtors. The Advance Payment Retainer was supplemented by additional payments in the following amounts: (i) $500,000 on June 21, 2018; (ii) $441,621 on July 12, 2018; (iii) $466,910 on July 26, 2018; (iv) $238,298 on July 31, 2018; and (v) $175,000 on August 2, 2018. Sidley Austin intends to apply the balance of the Advance Payment Retainer against any remaining prepetition fees and expenses on account of services rendered by Sidley to the Debtors. Sidley Austin will also be reimbursed for reasonable out-of-pocket expenses incurred. In accordance with Appendix B-Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed under 11 U.S.C. Sec. 330 for Attorneys in Larger Chapter 11 Cases, the following is provided in response to the request for additional information: a. With the exception of discounting the hourly rate of Mr. Vijay Sekhon to $795, Sidley did not agree to any variations from, or alternatives to, its standard or customary billing arrangements for this engagement. b. With the exception of discounting the hourly rate of Mr. Vijay Sekhon to $795, the hourly rates of the Sidley Austin professionals representing the Debtors are consistent with the rates that Sidley charges other chapter 11 clients, regardless of the geographic location of the chapter 11 case. c. The billing rates and material financial terms of Sidley Austin's prepetition engagement by the Debtors are as set forth in the Application. Such billing rates and material financial terms have not changed postpetition compared to services provided to the Debtors prepetition. d. Sidley Austin, in conjunction with the Debtors, is developing a prospective budget and staffing plan for these Chapter 11 Cases for the period from the Petition Date through November 1, 2018. Cristina M. Craige, partner of Sidley Austin LLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. Sidley Austin can be reached at: Christina M. Craige, Esq. Ariella Thal Simonds, Esq. SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, CA 90013 Tel: (213) 896-6000 Fax: (213) 896-6600 About RM Holdco LLC RM Holdco, LLC and its subsidiaries -- http://www.realmexrestaurants.com/-- operate the Chevys Fresh Mex, El Torito, and other full-service Mexican restaurant brands. As of August 2018, RM (a) operated 69 restaurants, of which 61 are located in California and the remainder in six other states and (b) franchised 11 restaurants in seven other states. The Company owns and operates restaurants in California, Florida, Maryland, New York, Oregon, Virginia, and Washington. The Company franchises restaurants in Florida, Illinois, Maryland, Minnesota, Missouri, New Jersey, and South Dakota. RM has approximately 4,600 full-time and part-time employees. RM is majority-owned by affiliated entities of Tennenbaum Capital Partners and Z Capital Group. In March 2012, RM purchased out of bankruptcy substantially all of the assets of certain corporate entities then operating the Real Mex family of restaurants. RM Holdco, LLC, and its subsidiaries sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 18-11795) on Aug. 5, 2018. RM Holdco estimated assets in the range of $50 million to $100 million and $100 million to $500 million in debt. The Debtors tapped Sidley Austin LLP and Young Conaway Stargatt & Taylor, LLP as legal counsel; Alvarez & Marsal North America, LLC as restructuring advisor; and Piper Jaffrey & Co. as investment banker. Kurtzman Carson Consultants LLC is the claims and noticing agent. RM HOLDCO: Seeks to Hire Tibus of Alvares & Marsal as CRO --------------------------------------------------------- RM Holdco LLC, and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the District of Delaware to employ Jonathan M. Tibus of Alvarez & Marsal North America, LLC, as chief restructuring officer to the Debtors. RM Holdco requires Alvares & Marsal to: (a) assist the Debtors with cash management including the development and maintenance of a 13-week cash flow forecast, creation of a DIP/Cash Collateral budget as necessary, and preparation of reports and analyses to manage cash commitments and disbursements; (b) monitor daily cash allocation and cash management processes; assisting management with cash maximization strategies; (c) communicate with the Debtors' stakeholders, including but not limited to vendors, customers, employees, lenders, creditor committees, Court officials, attorneys and other service providers, as required; (d) assist the Debtors with issues related to its financing, sale and reorganization efforts, including assistance in preparation of reports and liaison with creditors; (e) assist the Debtors and its counsel in the preparation of motions, pleadings and other activities or court materials necessary to implement a Chapter 11 filing, if required, including analysis of the Debtors records to assist in determining appropriate scope of "first day" relief; (f) provide written and oral testimony and appearing on behalf of the Debtors in connection with any Chapter 11 filing, if required; (g) assist the Debtors with the formulation and execution of any communication plan regarding any strategic alternative pursued; (h) assist in the creation of monthly operating reports and other regular reporting required by the Bankruptcy Court, if required; (i) manage payment of accounts payable to maximize cash and ensuring only appropriate and authorized amounts are paid; (j) formulate contingency planning to address any liquidity issues; (k) formulate and assist with the execution of a restructuring and reorganization plan, including preparation of a liquidation analysis and claims analyses; (l) report to the Board as desired or directed by the Board; and (m) performing such other services in connection with the restructuring process as reasonably requested or directed by the Debtor's board of directors (the "Board") and other authorized Debtor personnel, consistent with the role played by Alvares & Marsal in this matter and not duplicative of services being performed by other professionals in these proceedings. Alvares & Marsal will be paid a flat weekly rate of $45,000 in return for the services rendered to the Debtors. Alvares & Marsal received $135,000 as a retainer in connection with preparing for and conducting the filing of these Chapter 11 cases. In the 90 days prior to the Petition Date, Alvares & Marsal received retainers and payments totaling $384,556 in the aggregate for services performed for the Debtors. Alvares & Marsal has applied these funds to amounts due for services rendered and expenses incurred prior to the Petition Date. The unapplied residual retainer of $135,000, will not be segregated by Alvares & Marsal in a separate account, and will be held until the end of these Chapter 11 cases and applied to the Firm's final fees. Alvares & Marsal will also be reimbursed for reasonable out-of-pocket expenses incurred. Jonathan M. Tibus, managing director of Alvarez & Marsal North America, LLC, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. Alvares & Marsal can be reached at: Jonathan M. Tibus ALVAREZ & MARSAL NORTH AMERICA, LLC 600 Madison Avenue, 8th Floor New York, NY 10022 Tel: (212) 759-4433 Fax: (212) 759-5532 About RM Holdco LLC RM Holdco, LLC and its subsidiaries -- http://www.realmexrestaurants.com/-- operate the Chevys Fresh Mex, El Torito, and other full-service Mexican restaurant brands. As of August 2018, RM (a) operated 69 restaurants, of which 61 are located in California and the remainder in six other states and (b) franchised 11 restaurants in seven other states. The Company owns and operates restaurants in California, Florida, Maryland, New York, Oregon, Virginia, and Washington. The Company franchises restaurants in Florida, Illinois, Maryland, Minnesota, Missouri, New Jersey, and South Dakota. RM has approximately 4,600 full-time and part-time employees. RM is majority-owned by affiliated entities of Tennenbaum Capital Partners and Z Capital Group. In March 2012, RM purchased out of bankruptcy substantially all of the assets of certain corporate entities then operating the Real Mex family of restaurants. RM Holdco, LLC, and its subsidiaries sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 18-11795) on Aug. 5, 2018. RM Holdco estimated assets in the range of $50 million to $100 million and $100 million to $500 million in debt. The Debtors tapped Sidley Austin LLP and Young Conaway Stargatt & Taylor, LLP as legal counsel; Alvarez & Marsal North America, LLC as restructuring advisor; and Piper Jaffrey & Co. as investment banker. Kurtzman Carson Consultants LLC is the claims and noticing agent. RM HOLDCO: Seeks to Hire Young Conaway as Bankruptcy Co-Counsel --------------------------------------------------------------- RM Holdco LLC, and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the District of Delaware to employ Young Conaway Stargatt & Taylor, LLP, as bankruptcy co-counsel to the Debtors. RM Holdco requires Sidley Austin to: a. provide legal advice with respect to the Debtors' powers and duties as debtors in possession in the continued operation of their business and management of their properties; b. pursue confirmation of a plan and approval of a disclosure statement; c. prepare, on behalf of the Debtors, necessary applications, motions, answers, orders, reports, and other legal papers; d. appear in Court and protecting the interests of the Debtors before the Court; and e. perform all other legal services for the Debtors that may be necessary and proper in these proceedings. Young Conaway will be paid at these hourly rates: Robert S. Brady $920 Edmon L. Morton $750 Andrew L. Magaziner $530 Elizabeth S. Justison $425 Betsy L. Feldman $300 Debbie E. Laskin, Paralegal $285 On June 7, 2018, Young Conaway received a retainer from the Debtors in the amount of $150,000. On August 2, 2018, Young Conaway received a supplement to the Retainer in the amount of $75,000, as well as an advance of the filing fees for the bankruptcy cases. The Retainer was provided in connection with the planning and preparation of initial documents and the Firm's proposed postpetition representation of the Debtors. On August 2, 2018, the Firm also received $10,302 from the Debtors on account of anticipated filing fees for the Chapter 11 Cases. After reconciliation of the outstanding balances existing as of the Petition Date, Young Conaway will continue to hold the remainder of the Retainer in the approximate amount of $115,767.35 as a general retainer as security for postpetition services and expenses. Young Conaway will also be reimbursed for reasonable out-of-pocket expenses incurred. -- Young Conaway has not agreed to a variation of its standard or customary billing arrangements for this engagement; -- None of the Firm's professionals included in this engagement has varied their rate based on the geographic location of the Chapter 11 Cases; -- Young Conaway was retained by the Debtors pursuant to an Engagement Agreement dated May 22, 2018. The billing rates and material terms of the prepetition engagement are the same as the rates and terms described in the Application; and -- The Debtors will be approving a prospective budget and staffing plan for Young Conaway's engagement for the postpetition period as appropriate. In accordance with the U.S. Trustee Guidelines, the budget may be amended as necessary to reflect changed or unanticipated developments. Edmon L. Morton, partner of Young Conaway, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. Young Conaway can be reached at: Edmon L. Morton, Esq. Robert S. Brady, Esq. Andrew L. Magaziner, Esq. Elizabeth S. Justison, Esq. YOUNG CONAWAY STARGATT & TAYLOR, LLP 1000 North King Street Wilmington, DE 19801 Tel: (302) 571-6600 Fax: (302) 571-1253 About RM Holdco LLC RM Holdco, LLC and its subsidiaries -- http://www.realmexrestaurants.com/-- operate the Chevys Fresh Mex, El Torito, and other full-service Mexican restaurant brands. As of August 2018, RM (a) operated 69 restaurants, of which 61 are located in California and the remainder in six other states and (b) franchised 11 restaurants in seven other states. The Company owns and operates restaurants in California, Florida, Maryland, New York, Oregon, Virginia, and Washington. The Company franchises restaurants in Florida, Illinois, Maryland, Minnesota, Missouri, New Jersey, and South Dakota. RM has approximately 4,600 full-time and part-time employees. RM is majority-owned by affiliated entities of Tennenbaum Capital Partners and Z Capital Group. In March 2012, RM purchased out of bankruptcy substantially all of the assets of certain corporate entities then operating the Real Mex family of restaurants. RM Holdco, LLC, and its subsidiaries sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 18-11795) on Aug. 5, 2018. RM Holdco estimated assets in the range of $50 million to $100 million and $100 million to $500 million in debt. The Debtors tapped Sidley Austin LLP and Young Conaway Stargatt & Taylor, LLP as legal counsel; Alvarez & Marsal North America, LLC, as restructuring advisor; and Piper Jaffrey & Co. as investment banker. Kurtzman Carson Consultants LLC is the claims and noticing agent. RMH FRANCHISE: Taps RSM US as Tax and Audit Service Provider ------------------------------------------------------------ RMH Franchise Holdings, Inc., and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the District of Delaware to employ RSM US LLP, as tax and audit service provider to the Debtors. RMH Franchise requires RSM US to: (a) prepare annual federal income tax returns for the tax year ending December 31, 2017 for the Debtors; (b) prepare annual state income tax returns for the tax year ending December 31, 2017 for the Debtors in all applicable states; (c) calculate estimated tax payments for 2018; (d) provide general tax information or explanations, discuss tax issues, and consult with the Debtors regarding various tax matters; (e) advise the Debtors regarding various tax planning matters; and (f) audit the financial statements of the Debtors' 401(k) Plan. The Debtors have agreed to pay RSM US a fixed fee of $21,975 as compensation for the Return Services. The Debtors have also agreed to pay RSM US a fixed fee of $15,225 as compensation for the 401(k) Services. RSM US will be paid at these hourly rates: Partners $350 Directors $270 Managers $200 Supervisors $150 Senior Associates $125 Tax Staff $110 RSM US will also be reimbursed for reasonable out-of-pocket expenses incurred. Andrew M. Guill, a partner at RSM US LLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. RSM US can be reached at: Andrew M. Guill RSM US LLP 1299 Farnam St., Suite 530 Omaha, NE 68102 Tel: (402) 344-6100 Fax: (402) 344-6101 About RMH Franchise Holdings RMH Franchise, headquartered in Atlanta, Georgia -- https://www.rmhfranchise.com/ -- is an Applebee's restaurant franchisee with over 163 standardized restaurants located across 15 states. RMH Holdings is the direct or indirect parent of each of the other Debtors. ACON Franchise Holdings, LLC, a non-debtor, owns 100% of the shares of RMH Holdings. RMH Franchise Holdings, Inc., and certain of its affiliates filed Chapter 11 petitions (Bankr. D. Del. Lead Case No. 18-11092) on May 8, 2018. In the petitions were signed Michael Muldoon, president, RMH Franchise Holdings estimated assets and liabilities of $100 million to $500 million. Affiliates that concurrently filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code are NuLnk, Inc. (Bankr. D. Del. Case No. 18-11093), RMH Illinois, LLC (Case No. 18-11094), RMH Franchise Corporation (Case No. 18-11095), and Contex Restaurants, Inc. (Case No. 18-11096). The case is assigned to Judge Brendan Linehan Shannon. Young, Conaway, Stargatt & Taylor, LLP, serves as bankruptcy counsel to the Debtors; Mastodon Ventures, Inc., is the restructuring advisor; Hilco Real Estate LLC serves as real estate broker; and Prime Clerk LLC acts as claims and noticing agent. On May 24, 2018, the U.S. Trustee appointed an official committee of unsecured creditors in the Debtors' cases. Kelley Drye & Warren LLP serves as lead counsel to the Committee while Zolfo Cooper LLC acts as bankruptcy consultant and financial advisor. RPM HARBOR: Asks Court to Approve Disclosure Statement ------------------------------------------------------ RPM Harbor Services, Inc., asked the U.S. Bankruptcy Court for the Central District of California to approve the outline of its proposed joint Chapter 11 plan of reorganization. In its motion, RPM also asked the court to authorize the company to solicit acceptances and rejections of the plan; set a deadline for filing acceptances and rejections; and set a hearing on confirmation of the plan. Under U.S. bankruptcy law, the proponent of a Chapter 11 plan must get court approval of its disclosure statement to start soliciting acceptances from creditors. The document must contain adequate information to enable creditors to make an informed decision about the plan. The motion is on Judge Julia Brand's calendar for Oct. 4. General unsecured claims, classified in Class 3, total $136,470.47. Holders of Class 3 claims will receive a payment of 100% of their claims on or before the Effective Date. Class 4 - Settled Driver Claims total $850,000. Class 4 will receive $850,000 on or before the Effective Date, which represents a payment of 100% of the settled claims. This amount will be shared pro rata among the Class 4 Claimants based on the amount of each of their operative proofs of claims. This accords with the Settlement Agreement between Debtor and the Class 4 Claimants. Payout percentage is 100% of the settled amount. The settlement effectively results in these creditors agreeing to accept a payment equal to 32.61% of the amount set out in of each of the Class 4 Claimants' operative proofs of claim. A copy of the Disclosure Statement from PacerMonitor.com is available at https://tinyurl.com/y9lxz5tp at no charge. About RPM Harbor Services Based in Long Beach, California, RPM Harbor Services Inc. provides container delivery to import and export customers in California. RPM Harbor Services sought protection under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 17-14484) on April 12, 2017. In the petition signed by Shawn Duke, its president, the Debtor estimated its assets and debt at $1 million to $10 million. The case is assigned to Judge Julia W. Brand. Vanessa M. Haberbush, Esq., at Haberbush & Associates LLP, serves as the Debtor's counsel. The Official Committee of Unsecured Creditors formed in the case retained Levene, Neale, Bender, Yoo & Brill, LLP, as counsel; and CohnReznick LLP, as financial advisor. SILVERVIEW LLC: Hires Jeffrey Alan as Real Estate Broker -------------------------------------------------------- Silverview, LLC, seeks authority from the U.S. Bankruptcy Court for the District of Arizona to employ Jeffrey Alan Adam, Inc., as real estate broker to the Debtor. Silverview, LLC, requires Jeffrey Alan to market and sell the Debtor's 450-unit RV resort in Bullhead City, Arizona, known as the Silverview RV Resort located at 1600 Silver Creek Road/Goldrush Street, Bullhead City, AZ 86442. Jeffrey Alan will be paid a commission of 5% of the sales price. Jeffrey Alan Ferenz, real estate agent employed by Jeffrey Alan Adam, Inc., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Jeffrey Alan can be reached at: Jeffrey Alan Ferenz JEFFREY ALAN ADAM, INC. 532 E Maryland Ave. Suite B-1 Phoenix, AZ 85012 Tel: (602) 264-6041 Fax: (602) 264-6042 About Silverview Silverview, LLC, is a privately-held company whose principal assets are located at 1501 E. Gold Rush Road Bullhead City, Arizona. The company previously sought bankruptcy protection (Bankr. D. Ariz. Case No. 11-03325) on Feb. 9, 2011. Silverview sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case No. 18-04471) on April 24, 2018. In the petition signed by Robert C. Lewis, manager, the Debtor estimated assets of $1 million to $10 million and liabilities of $1 million to $10 million. Judge Daniel P. Collins presides over the case. The Debtor tapped Engelman Berger, P.C., as its legal counsel. No official committee of unsecured creditors has been appointed in the Chapter 11 case. SILVERVIEW LLC: Taps Engelman Berger as Legal Counsel ----------------------------------------------------- Silverview, LLC, seeks approval from the U.S. Bankruptcy Court for the District of Arizona to hire Engelman Berger, P.C., as its legal counsel, nunc pro tunc to the Petition Date. The firm will advise the Debtor regarding its duties under the Bankruptcy Code; negotiate with creditors; assist in any potential sale of assets or post-petition financing; prepare a plan of reorganization; and provide other legal services related to its Chapter 11 case. The firm will charge these hourly rates: David Wm. Engelman $500 Patrick Clisham $400 Other Shareholders $350 to $500 Associates $250 to $285 Paralegals $160 to $200 Prior to the petition date, Engelman received a total of $47,500 as retainer. Engelman is a "disinterested person" as defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: David Wm. Engelman, Esq. Patrick A. Clisham, Esq. Engelman Berger, P.C. 3636 N. Central Ave., Suite 700 Phoenix, AZ 85012 Tel: 602-271-9090 Fax: 602-222-4999 E-mail: dwe@engelmanberger.com E-mail: pac@engelmanberger.com E-mail: dwe@eblawyers.com About Silverview LLC Silverview, LLC, is a privately-held company whose principal assets are located at 1501 E. Gold Rush Road Bullhead City, Arizona. The company previously sought bankruptcy protection (Bankr. D. Ariz. Case No. 11-03325) on Feb. 9, 2011. Silverview sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case No. 18-04471) on April 24, 2018. In the petition signed by Robert C. Lewis, manager, the Debtor estimated assets of $1 million to $10 million and liabilities of $1 million to $10 million. Judge Daniel P. Collins presides over the case. The Debtor tapped Engelman Berger, P.C., as its legal counsel. No official committee of unsecured creditors has been appointed in the Chapter 11 case. SKYLINE RIDGE: Wants to Maintain Plan Exclusivity Until Oct. 4 -------------------------------------------------------------- Skyline Ridge, LLC, asks the United States Bankruptcy Court for the District of Arizona that the exclusivity period be extended until Oct. 4, 2018 -- at least one day after the hearing on approval of its disclosure statement, now set for Oct. 3, 2018. Ahmad Zarifi is the principal of Debtor, and 100% owner. Mr. Zarifi is a member of Cinco Soldados, LLC, holding a minority interest. Christopher Sheafe is the only other member of Cinco, holding a majority of the member's interests in Cinco, and he is the manager. Cinco and Sheafe have moved to terminate exclusivity in this case, which the Debtor now opposes. The Debtor contends that in the event that a hearing is held on the Debtor's Motion prior to Oct. 3, 2018, and in the unlikely event that the Cinco will prevail on its motion to terminate exclusivity, the court can fashion an equitable remedy at the time of any final adjudication on the Motion. The Debtor represents that Cinco is not a creditor of the Debtor, nor is Cinco a creditor of the affiliated case for Hidden Valley 80, LLC. Christopher Sheafe is not a creditor of the Debtor, nor is Sheafe a creditor of the affiliated case for Hidden Valley 80, LLC. Instead, while both Cinco and Sheafe may have a claim for rejection of an executory contract, it is entirely unclear how they could have any damages resulting from such rejection, and no basis for any damages has been asserted by either of them. Cinco Soldados, LLC, is an entity that owes a debt to Skyline Ridge, in the original principal sum of $4,000,000 plus interest that has been accumulating since the inception of the note in 2006, plus applicable late fees, attorneys' fees, and costs. Now, the debt owed by Cinco to the Debtor is in excess of $8,000,000, which balance was accelerated prepetition, and is due and payable in full. That debt is secured by a first position deed of trust recorded in 2006. The Debtor asserts that both Cinco and Christopher Sheafe have proven -- through a long course of conduct before and after the filing of this bankruptcy case -- that neither could qualify as a fiduciary to complete the tasks of a debtor in possession, and cannot put forth a confirmable plan. Having a competing plan proffered by a party who proposes to "refinance" its obligation to Debtor by cancellation of a fully secured debt of more than eight million dollars in exchange for a payment to creditors of this estate a sum of a little over two million -- would simply cause useless accrual of attorneys' fees and costs by every creditor in this case. Moreover, the Debtor has timely offered a plan and disclosure statement, thus Cinco's motion to terminate exclusivity would only harm the interest of the other creditors. The Debtor contends that its Plan of Reorganization is confirmable, and the Plan pays all creditors in full. The Debtor owes less than $2,650,000 to all of its non-insider creditors, and all of the secured creditors are oversecured by perfected interests in Debtor's properties. Since the case has been filed, Cinco has sold two lots resulting in the deposit into the Debtor's DIP account of approximately $140,000 and the payment in full of all of Cinco's real property tax debts (approximately $158,000) from sales proceeds that would have been payable to Debtor if not used for payment of real property taxes. Also, Debtor has generated, or is in the process of generating, net sale proceeds on three other properties. Thus, the Debtor asserts that even before there is a confirmation hearing, sales proceeds will go to secured creditors in an amount equal almost 20% of the total of all secured claims in this case (not counting the real property taxes that will be paid off at the close of escrow each time a property sells). And, that does not include the additional benefit that inured to the Debtor when $158,000 of tax debts were paid off for Cinco, removing that impairment of Debtor's collateral for the Cinco loan. By the time of confirmation, the Debtor anticipates selling another two properties and also having the property on Cobblestone (which is NTB collateral) ready for sale, at a price that should yield net sale proceeds payable to NTB in excess of $1,000,000. Depending upon which properties sell between now and confirmation, there will be an additional benefit that Pima County Real Property taxes will have been cut by approximately 1/3 (greater if Cobblestone sells). In addition, the Debtor tells the Court that it has negotiated with Elevens, LLC, an entity owned by Benjamin Alev, to provide postpetition financing as is necessary to carry out the terms of the Plan. Though nothing has been completely agreed to, that prospective lender has indicated an interest in financing secured in part by Debtor's Note payable by Cinco Soldados, LLC, and secured by Debtor's Deed of Trust over all of Cinco's real and personal property, as recorded in 2006. That entity, Elevens, LLC -- has contracted with a title company to secured title insurance for the prospective transaction. About Skyline Ridge Based in Tucson, Arizona, Skyline Ridge, LLC, is an Arizona limited liability company categorized under residential contractor. Skyline Ridge filed for chapter 11 bankruptcy protection (Bankr. D. Ariz. Case No. 18-01908) on March 1, 2018. In the petition signed by Ahmad Zarifi, managing member and sole owner, the Debtor estimated assets at $1 million to $10 million and estimated liabilities at $1 million to $10 million. SOLID CONCRETE: Asks Court to Conditionally Approve Disclosures --------------------------------------------------------------- Solid Concrete Walls Co., LLC, sought and obtained from the U.S. Bankruptcy Court for the District of New Jersey for an order conditionally approving their small business disclosure statement in support of their chapter 11 plan. Confirmation hearing will held on Sept. 20, 2018 at 10:00 AM. Last day to object to confirmation is Sept. 13. A copy of the Amended Disclosure Statement from PacerMonitor.com is available at https://tinyurl.com/ydg2zf38 at no charge. About Solid Concrete Walls Co. Solid Concrete Walls Co., LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case No. 17-35521) on Dec. 21, 2017. At the time of the filing, the Debtor estimated assets and liabilities of less than $500,000. The Debtor hired Kurtzman Steady, LLC as its legal counsel; The Law Offices of Thomas P. Pfender, Esq., as special counsel; and Starkman & Company, LLC as its accountant. SOUTH PLAZA CENTER: Hires Noble Law as Attorneys ------------------------------------------------ South Plaza Center Associates, LLC sought and obtained approval from the United States Bankruptcy Court for Middle District of Florida in Tampa to employ Kenneth R. Noble, III Esq., and Noble Law Firm, P.A. as its Chapter 11 bankruptcy counsel. Noble will perform these services: (a) give advice to the Debtor with respect to its powers and duties as debtor-in-possession and the continued management of its business operations (as applicable); (b) advise the Debtor with respect to its responsibilities in complying with the U.S. Trustee's Operating Guidelines and Reporting Requirements and with the rules of the Court; (c) prepare motions, pleadings, orders, applications, adversary, proceedings, and other legal documents necessary in the administration of the case; (d) protect the interests of the Debtor in all matters pending before the Court; and (e) represent the Debtor in negotiation with its creditors in the preparation of a plan. To the best of the Debtor's knowledge, neither Mr. Noble nor Noble Law hold or represent any interest adverse to the Debtor or estate on any matters in which Noble and Noble Law are to be engaged. Mr. Noble and Noble Law are "disinterested," as such term is defines in 11 U.S.C. Section 101(14) and have no connection with the Debtor, his creditors or any other parties in interest or their respective attorneys. Noble Law Firm can be reached at: Kenneth R. Noble, Esq. NOBLE LAW FIRM, P.A. 6199 N, Federal Hwy. Boca Raton, FL 33487 Tel: 561-353-9300 Fax: 305-675-3383 E-mail: ray@noblelawfirmpa.com About South Plaza Center Associates South Plaza Center Associates, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 18-05703) on July 10, 2018. At the time of the filing, the Debtor estimated assets and debt of $1 million to $10 million and liabilities. The United States Trustee has disclosed to the Court that, until further notice, it will not appoint a committee of creditors pursuant to 11 U.S.C. Section 1102 because of an insufficient number of unsecured creditors willing or able to serve on an unsecured creditors committee. SOUTH SIDE SALVAGE: Case Summary & 20 Largest Unsecured Creditors ----------------------------------------------------------------- Debtor: South Side Salvage, Inc. 10268 Mason Dixon Highway Salisbury, PA 15558 Business Description: South Side Salvage, Inc. -- http://southsidesalvage.com/newsite-- provides 24/7 heavy duty towing and recovery, semi-truck repair, used truck parts, and more serving Pennsylvania, Maryland and West Virginia. The Company's fleet consists of two sliding rotators, one heavy wrecker, three tow trucks, two rollbacks, and two service trucks. South Side Salvage was founded in July 2003 by William H. Oester. Chapter 11 Petition Date: August 27, 2018 Court: United States Bankruptcy Court Western District of Pennysylvania (Johnstown) Case No.: 18-70603 Judge: Hon. Jeffery A. Deller Debtor's Counsel: Kevin J. Petak, Esq. SPENCE, CUSTER, SAYLOR, WOLFE & ROSE, LLC 1067 Menoher Boulevard Johnstown, PA 15905 Tel: 814-536-0735 Fax: 814-539-1423 Email: kpetak@spencecuster.com - and - James R. Walsh, Esq. SPENCE, CUSTER, SAYLOR, WOLFE & ROSE, LLC 1067 Menoher Boulevard Johnstown, PA 15905 Tel: 814-536-0735 Fax: 814-539-1423 Email: jwalsh@spencecuster.com Total Assets: $1,607,478 Total Liabilities: $1,172,307 The petition was signed by William Oester, president. A copy of the Debtor's list of 20 largest unsecured creditors is available for free at A full-text copy of the petition containing, among other items, a list of the Debtor's 20 largest unsecured creditors is available for free at: http://bankrupt.com/misc/pawb18-70603.pdf SOUTHERN PRODUCE: Taps Janvier as Counsel on Wayne Bailey Matter ---------------------------------------------------------------- Southern Produce Distributors, Inc. sought and obtained approval from the United States Bankruptcy Court for the Eastern District of North Carolina, Wilmington Division, to employ William P. Janvier and the Janvier Law Firm, PLLC as attorney. At the time of its bankruptcy filing, Southern Produce had a PACA claim, Claim 21, pending in the bankruptcy case of In Re Wayne Bailey, Inc., case no. 18-00284-5-SWH (Bankr. E.D.N.C.). That claim has been objected to by counsel for Wayne Bailey, Inc., and requires prosecution to recover the amount due to the Debtor. Southern Produce relates that its counsel in this bankruptcy, Gregory B. Crampton and Nicholls & Crampton, P.A., is employed as special counsel in the Wayne Bailey case to handle matters relating to PACA. Due to the conflict of interest presented, Nicholls & Crampton may not prosecute Southern Produce's PACA claim against Wayne Bailey. Southern Produce wants to employ Janvier Law Firm for the purpose of prosecuting the Wayne Bailey Claim. William P. Janvier is duly admitted to practice in this Court. The Firm will perform these services: (a) prepare on behalf of the Debtor necessary responses, briefs, or other papers necessary to fully prosecute the Wayne Bailey Claim; and (b) perform all necessary legal services in connection with the prosecution of the Wayne Bailey Claim, including but not limited to conducting negotiations and making court appearances. The Firm will provide services to the Debtor at these hourly rates: William P. Janvier $450 William E. Brewer $450 Samantha Y. Moore $325 William F. Braziel III $325 Erin Duffy $250 Katleen O'Malley $250 Law Clerks & Paralegals $110 - $160 Hourly rates may subject to increase on January 1st of each year. Interest will accrue at a rate of 5% per annum on fees which have been awarded by the Court and remain unpaid for 30 days after transmission to the Debtor of the Court order awarding fees. William P. Janvier, managing attorney at the Firm, disclosed that he has a connection to the Debtor limited to representation of a defendant in a lawsuit brought by the Debtor more than 10 years ago, which is now closed. The prior representation creates no conflict of interest preventing his current representation of the Debtor. Except as mentioned, Mr. Janvier and the Firm resent no interest adverse to Debtor or the state in the matters upon which they are to be engaged for Debtor and said employment would be in the best interest of the estate. Kathleen O'Malley attest that she, the Firm and all its employees qualify as "disinterested persons" as defined by 11 U.S.C. Section 101(4). Janvier Law Firm, PLLC can be reached at: Katleen O'Malley JANVIER LAW FIRM, PLLC N.C. State Bar No. 51654 311 E. Edenton Street Raleigh, NC 27601 Telephone: (919) 582-2323 Facsimile: (866) 809-2379 Email: kathleen@janvierlaw.com About Southern Produce Southern Produce Distributors, Inc. -- http://southern-produce.com/ -- is a provider of sweet potatoes and peppers to markets across the US, Canada, UK and Europe. Southern Produce was founded in 1942 and is based in Faison, North Carolina. Southern Produce Distributors filed for bankruptcy protection (Bankr. E.D.N.C. Case No. 18-02010) on April 20, 2018. In the petition signed by Randy W. Swartz, president and CEO, the Debtor disclosed total assets of $27.12 million and total liabilities of $19.96 million. Gregory B. Crampton, Esq., of Nichols & Crampton, P.A., serves as counsel to the Debtor. Janvier Law Firm, PLLC, serves as special counsel. STORE IT REIT: River Oaks Supports Examiner Appointment ------------------------------------------------------- River Oaks Storage LLC has expressed support for the appointment of an examiner in the Chapter 11 case of Store It REIT, Inc. In a filing with the U.S. Bankruptcy Court for the Southern District of Texas, the creditor said an examiner is necessary to review all payments to Store It REIT CEO William Carden, pointing out that from 2015 to 2017, the company had been used as a "piggy bank" for the company official to pay his legal fees. "For that time period, Carden has been reimbursed for legal fees in excess of $281,165 and the appointment of the examiner is necessary to look into these legal fees to see if they actually relate to the company or are for some unrelated entity in which Carden has an interest," said River Oaks' attorney Summer Saad, Esq., at Costell & Cornelius Law Corp. As alternative to appointing an examiner, River Oaks requested that the court appoint a Chapter 11 trustee. Store It REIT's official committee of equity security holders had earlier filed a motion to appoint an examiner, saying there could be mismanagement of the company and misappropriation of funds for personal use of Mr. Carden. The move came after a review of the documents requested by the equity committee showed questionable transactions, including the disposition of as much as $10.5 million in funds of the company. River Oaks is represented by: Summer Saad, Esq. Costell & Cornelius Law Corporation 1299 Ocean Avenue, Suite 450 Santa Monica, CA 90401 Phone: (310) 458-5959 Fax No. (310) 458-7959 Email: ssaad@costell-law.com About Store It REIT Store It REIT, Inc., formerly known as Evergreen Realty REIT, Inc., and American Spectrum REIT I, Inc., is a privately held company in Ketchum, Idaho engaged in activities related to real estate. The Company has 98.64% equity interest in Evergreen REIT, LP. Evergreen REIT, LP, is a real estate investment trust owning interest in entities that own tenant in common, limited partnership, or general partnership interest in three self-storage facilities. Store It REIT filed for Chapter 11 bankruptcy protection (Bankr. S.D. Tex. Case No. 18-32179) on April 27, 2018, listing $13.18 million in total assets and $127,143 in total liabilities. The petition was signed by William J. Carden, president and director. Judge Marvin Isgur presides over the case. The Debtor tapped Deirdre Carey Brown, Esq., at Hoover Slovacek LLP, as its bankruptcy counsel. SUNCREST STONE: Hires Stone & Baxter as Counsel ----------------------------------------------- Suncrest Stone Products, LLC and 341 Stone Properties, LLC sought and obtained approval from the United States Bankruptcy Court for the Middle District of Georgia, Albany Division, to employ Stone & Baxter, LLP as their counsel. The Debtors require Stone & Baxter to: (a) give the Debtors legal advice with respect to the powers and duties of Debtors-in-Possession in the continued operation of the business and management of Debtors' property; (b) prepare on behalf of the Debtors, as Debtors-in-Possession, necessary applications, motions, answers, reports, and other legal papers; (c) continue existing litigation, if any, to which the Debtors may be a party, and conduct examinations incidental to the administration of their estates; (d) take any and all necessary action necessary to the proper preservation and administration of the Debtors' estates; (e) assist the Debtors with the preparation and filing of their Statements of Financial Affairs and schedules and lists as are appropriate; (f) take whatever action is necessary with reference to the use by the Debtors of their property pledged as collateral, including cash collateral, to preserve the same for the benefit of the Debtors and secured creditors in accordance with the requirements of the Bankruptcy Code; (g) assert, as directed by the Debtors, all claims the Debtors have against others; (h) assist the Debtors in connection with claims for taxes made by governmental units; and (i) perform all other legal services for the Debtors as Debtors-in-Possession that may be necessary. According to the terms of the Engagement Letter, Stone & Baxter received an initial deposit of $30,000 plus an additional $1,717 each for the filing fees, with $25,000 being allocated to Debtor Suncrest and $5,000 being allocated to Debtor 341 Stone. The firm will undertake this representation at their standard hourly rates, which now range between $220 and $505 for each attorney, and $135.00 for paralegals and research assistants, including all travel time. Except as shown in the Cathey Verification, Stone & Baxter does not hold nor does the firm represent any interest adverse to any Debtors or Debtors-in-Possession or their estates in matters upon which it is to be engaged for Debtors-in-Possession. Stone & Baxter, LLP can be reached at: Matthew S. Cathey, Esq. David L. Bury, Jr., Esq. Stone & Baxter, LLP Suite 800, Fickling & Co. Bulding 577 Mulberry Street Macon, GA 31201-8256 Telephone: (478) 750-9898 Facsimile: (478) 750-9899 Website: www.stoneandbaxter.com E-mail: mcathey@stoneandbaxter.com dbury@stoneandbaxter.com About Suncrest Stone Products Suncrest Stone Products, LLC -- https://www.suncreststone.com/ –- is a stone supplier in Ashburn, Georgia. Its products include Ashlar, Country Ledge, Ledge, River Rock, Olde-Castle, Splitface, Stock, and Rubble. Suncrest Stone Products and 341 Stone Properties, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Ga. Lead Case No. 18-10850) on July 13, 2018. In the petition signed by Max Suter, authorized officer, Suncrest estimated assets of less than $1 million and liabilities of $1 million to $10 million. 341 Stone estimated $1 million to $10 million in assets and $1 million to $10 million in liabilities. Judge Austin E. Carter presides over the cases. Stone & Baxter, LLP is the Debtors' counsel. McMurry Smith & Company has been hired as their accountant. SUNSHINE DAIRY: Taps Brown/Armstrong as Accountant -------------------------------------------------- Sunshine Dairy Foods Management, LLC, and Karamanos Holdings, Inc. seek approval from the U.S. Bankruptcy Court for the District of Oregon to hire Brown/Armstrong, a Professional Corporation. The firm will provide accounting services including the preparation of the Debtors' 2017 income tax returns and other filings required by taxing authorities. Brian Pape and Linda Waara, the accountants who will be providing the services, charge $250 per hour and $172 per hour, respectively. Brown/Armstrong does not hold any interest adverse to the interest of the Debtors' estate, creditors and equity security holders, according to court filings. The firm can be reached through: Brian Pape Brown/Armstrong, a Professional Corporation 2177 SW Main Street Portland, OR 97205 Main Phone (503) 221-1776 Direct Phone (503) 406-3323 Email Brian@brownarmstrong.com About Sunshine Dairy Foods Sunshine Dairy Foods is family-owned dairy processor serving local food service customers, local food manufacturer partners, local retailers and co-pack customers in the Pacific Northwest. All Sunshine milk products are packaged in recyclable opaque white jugs and paper cartons to protect the milk from light and prevent oxidation. Sunshine's largest vendor is its milk supplier, Oregon Milk Marketing Federation. OMMF members are almost universally family farmers who manage small to mid-sized farms in the Willamette Valley, Oregon and Yakima Valley and Chehalis, Washington. Sunshine Dairy Foods Management, LLC, and Karamanos Holdings, Inc., filed voluntary petitions seeking relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Ore. Case Nos. 18-31644 and 18-31646) on May 9, 2018. At the time of filing, Sunshine Dairy Foods estimated $1 million to $10 million in assets and $10 million to $50 million in liabilities. Nicholas J. Henderson, Esq., at Motschenbacher & Blattner, LLP, and Douglas R. Ricks, Esq., at Vanden Bos & Chapman, LLP, serve as the Debtors' counsel; and Daniel J. Boverman and Boverman & Associates, LLC, serve as business and turnaround consultants. TAOW LLC: Creditor Notice on Bid to Convert Case to Ch. 7 Deficient ------------------------------------------------------------------- Bankruptcy Judge William J. Lafferty, III issued a memorandum stating that the Court will not hear creditor Lars Lohan's motion to convert Taow LLC's chapter 11 case to chapter 7 because the notice was deficient. The Bankruptcy Local Rules do not allow for less than 21 days notice for such a motion without an order shortening time from the Court. No such order was requested or entered. The hearing was set for 19 days from the mailing of the notice. However, should Lohan properly notice the motion, the Court will hear the motion on August 29, 2018 at 10:30 a.m., a date on which there is also a continued status conference in this case. The bankruptcy case is in re: TAOW, LLC, Chapter 11, Debtor, Case No. 18-40158 (Bankr. N.D. Cal.). TAOW LLC, Debtor, represented by Lawrence L. Szabo, Law Offices of Lawrence L. Szabo. Office of the U.S. Trustee/Oak, U.S. Trustee, represented by Lynette C. Kelly, Office of the United States Trustee. About TAOW LLC TAOW LLC, filed a Chapter 11 bankruptcy petition (Bankr. N.D. Cal. Case No. 18-40158) on Jan. 18, 2018, estimating less than $1 million in assets and liabilities. The Debtor tapped the Law Offices of Lawrence L. Szabo in Oakland, California, as counsel. TIGAMAN INC: Taps Falcone Law Firm as Legal Counsel --------------------------------------------------- Tigaman, Inc. seeks approval from the U.S. Bankruptcy Court for the Northern District of Georgia to hire The Falcone Law Firm, P.C., as its legal counsel. The firm will advise the Debtor regarding its duties under the Bankruptcy Code; assist in analyzing its assets, liabilities and financial condition; prepare a plan of reorganization; assist in any potential sale of its assets; and provide other legal services related to its Chapter 11 case. The firm will charge these hourly rates: Senior Attorneys $350 Associate Attorneys $200 Paralegals $150 Administrative Assistant $50 Ian Falcone, Esq., at Falcone Law Firm, disclosed in a court filing that his firm does not represent any interest adverse to the Debtor's estate. The firm can be reached through: Ian M. Falcone, Esq. The Falcone Law Firm, P.C. 363 Lawrence Street Marietta, GA 30060 Tel: (770) 426-9359 Fax: 770-426-8968 Email: attorneys@falconefirm.com About Tigaman Inc. Tigaman, Inc., owns a cat clinic in Roswell, Georgia. The Debtor previously filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bank. N.D. Ga. Case No. 13-59458) on May 1, 2013. Tigaman again sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 18-63874) on Aug. 17, 2018. In the petition signed by Michael Ray, president, the Debtor disclosed $1,701,329 in assets and $1,541,335 in liabilities. TNT C&P INVESTMENTS: Taps Joseph J. Rosen as Special Counsel ------------------------------------------------------------ TNT C&P Investments, LLC, seeks approval from the U.S. Bankruptcy Court for the Southern District of Florida to hire Joseph J. Rosen, P.A., as special counsel. The firm will represent the Debtor in connection with its insurance claim against Rockhill Insurance Company for real property damages. Rosen will receive a fee equal to 17.5% of the actual recovery of insurance whether or not the claim is resolved through litigation. If no settlement is agreed upon or if no insurance recovery is obtained, the firm will not be paid an attorney's fee. Joseph Rosen, Esq., disclosed in a court filing that he and his firm do not represent any interest adverse to the Debtor and its estate. The firm can be reached through: Joseph Rosen, Esq. Joseph J. Rosen, P.A. 5030 Champion Blvd., Suite G11-238 Boca Raton, FL 33496 Phone: 561-638-8593 Fax: 561-300-8860 Email: jlawgator8@aol.com About TNT C&P Investments TNT C&P Investments, LLC, filed a Chapter 11 bankruptcy petition (Bankr. S.D. Fla. Case No. 18-13496) on March 26, 2018. The Debtor hired Chad Van Horn, Esq., and the law firm of Van Horn Law Group, Inc., as its legal counsel. TOSSAMO ENTERPRISES: Seeks to Hire Lau & Associates as Attorney --------------------------------------------------------------- Tossamo Enterprises Inc. seeks authority from the U.S. Bankruptcy Court for the Eastern District of Pennsylvania to employ Lau & Associates, P.C., as attorney to the Debtor. Tossamo Enterprises requires Lau & Associates to: a. advise the Debtor of its rights, powers and duties as debtor-in-possession; b. assist the Debtor in its investigation of the acts, conduct, assets, liabilities and financial condition of the Debtor, the operation of the Debtor's business and the desirability to continue such business; c. advise and participate with the Debtor and performing services regarding the development of a plan or reorganization; d. assist the Debtor in requesting the appointment of a Trustee or Examiner in the event that the Committee determines that such action is necessary and appropriate; and e. perform such other legal services as may be required and requested by the Debtor as being in the best interest of all of the Debtor's unsecured creditors. Lau & Associates will be paid at these hourly rates: Shareholders $195 Associates $135 Paralegals $110 Lau & Associates will be paid a retainer in the amount of $2,000. Lau & Associates will also be reimbursed for reasonable out-of-pocket expenses incurred. Shawn J. Lau, a partner of Lau & Associates, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Lau & Associates can be reached at: Shawn J. Lau, Esq. LAU & ASSOCIATES, P.C. 4228 St. Lawrence Avenue Reading, PA 19606 Tel: (610) 370-2000 Fax: (610) 370-0700 E-mail: shawn_lau@msn.com About Tossamo Enterprises Tossamo Enterprises Inc., filed a Chapter 11 bankruptcy petition (Bankr. E.D. Pa., Case No. 18-15375) on Aug. 13, 2018. TRAVELERS OF AMERICA: Oct. 3 Hearing on Plan Confirmation --------------------------------------------------------- Bankruptcy Judge A. Jay Cristol approved Travelers of America's amended disclosure statement in support of its proposed chapter 11 plan. The Court has set a hearing on Oct. 3, 2018 at 2:00 p.m. to consider confirmation of the Plan of Reorganization. The last day for filing and serving objections to confirmation of the Plan, and the last day for filing a ballot accepting or rejecting the plan is Sept. 19, 2018. About Travelers of America Travelers of America, Inc., filed a Chapter 11 bankruptcy petition (Bankr. S.D. Fla. Case No. 17-13341) on March 20, 2017, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Chad T. Van Horn, Esq. An official committee of unsecured creditors has not yet been appointed in the Chapter 11 case of Travelers of America, Inc., as of May 9, according to a court docket. TSC/MAYFIELD ROAD: Hires Newmark Knight as Real Estate Broker ------------------------------------------------------------- TSC/Mayfield Road, LLC, seeks authority from the U.S. Bankruptcy Court for the District of Maryland to employ G&E Real Estate, Inc. d/b/a Newmark Knight Frank, as real estate broker to the Debtor. TSC/Mayfield Road requires Newmark Knight to market and sell the Debtor's real property consisting of five parcels in Anne Arundel County, Maryland, including Map 21, Parcel 341 (1.2 acres), Map 21, Parcel 483 (2.29 acres), Map 21, Parcel 84 (0.34 acres), Map 21, Parcel 482 (2.83 acres) and Map 21, Parcel 83 (1.06 acres) totaling 7.72 acres, located in Odenton, MD 21113. Newmark Knight will be paid a commission of 5% of the sales price. Cristopher Abramson, principal of G&E Real Estate, Inc. d/b/a Newmark Knight Frank, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Newmark Knight can be reached at: Cristopher Abramson G&E REAL ESTATE, INC. D/B/A NEWMARK KNIGHT FRANK One East Pratt Street, Suite 805 Baltimore, MD 21202 Tel: (410) 625-4200 About TSC/Mayfield Road TSC/Mayfield, LLC, is a privately held company in Columbia, Maryland, engaged in activities related to real estate. The Company is the fee simple owner of five real properties in Odenton, Maryland having an aggregate value of $3.54 million. TSC/Mayfield filed a Chapter 11 petition (Bankr. D. Md. Case No. 18-13611) on March 19, 2018. In the petition signed by Bruce S. Jaffe, manager, the Debtor disclosed $3.54 million in total assets and $2.78 million in total liabilities. David W. Cohen, Esq., at the Law Office of David W. Cohen, is the Debtor's counsel. TURBINE GENERATION: Taps LaMonica Herbst as Special Counsel ----------------------------------------------------------- Turbine Generation Services, LLC, seeks approval from the U.S. Bankruptcy Court for the Western District of Louisiana to hire LaMonica Herbst & Maniscalco, LLP as special counsel. The firm will handle the removal of the Debtor's counterclaim against GE Oil & Gas, LLC and the third-party complaint against General Electric Company in the suit entitled GE Oil & Gas, LLC vs. Turbine Generation Services, L.L.C. and Michel B. Moreno, which is pending in the Supreme Court of New York. LaMonica will also handle the removal of the suit entitled GE Oil & Gas, LLC, et al. vs. MOR DOH Holdings, LLC, et al. The case is also pending in the Supreme Court of New York. The firm will charge these hourly rates: David Blansky, Esq. $495 Other Partners Up to $575 Associates Up to $400 Paraprofessional $175 David Blansky, Esq., a partner at LaMonica, disclosed in a court filing that the firm and its attorneys neither hold nor represent any interest adverse to the Debtor and its estate. The firm can be reached through: David A. Blansky, Esq. Lamonica Herbst & Maniscalco, LLP 3305 Jerusalem Ave #201 Wantagh, NY 11793 Tel: (516) 826-6500 Fax: (516) 826-0222 Email: dab@lhmlawfirm.com About Turbine Generation Services Turbine Generation Services, LLC, designs, assembles, and services turbine or gas engine power units for use in oil field production. Turbine Generation Services sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. La. Case No. 18-50942) on July 30, 2018. In the petition signed by Michel Moreno, manager, the Debtor estimated assets of $1 million to $10 million and liabilities of $10 million to $50 million. Judge Robert Summerhays presides over the case. The Debtor is represented by William E. Steffes, Esq., at The Steffes Firm, LLC. TWIFORD ENTERPRISES: Rolling Hills Bank Files Chapter 11 Plan ------------------------------------------------------------- Rolling Hills Bank and Trust on Aug. 16 filed with the U.S. Bankruptcy Court for the District of Wyoming its proposed Chapter 11 plan for Twiford Enterprises, Inc. Under the plan, each creditor holding an allowed Class 8 general unsecured claim will receive a pro rata share of the "creditor fund" after Classes 1, 2, 4, 5 and 6 claims are fully paid. To the extent that there are funds in the creditor fund available to pay Class 8 claims in full, then the holders of these claims will receive interest of 5.50% per year. After approval of the plan by the court, all assets of Twiford's bankruptcy estate will vest solely in the plan administrator. These assets will remain vested in the plan administrator until a final decree or other order concluding the plan terms have been fully performed by the plan administrator is issued by the court. The plan administrator will liquidate the company's assets, first by private sale and then by auction if required. Funds from the liquidation will be distributed to creditors with allowed claims, according to the disclosure statement. A copy of the disclosure statement is available for free at: http://bankrupt.com/misc/wyb18-20120-154.pdf About Twiford Enterprises Twiford Enterprises, Inc. is a privately held company in Glendo, Wyoming in the crop farming industry. The Company owns in fee simple 2870 acres of land and buildings located at 642 Horseshoe Creek Road Glendo, Wyoming having an appraised value of $4.65 million. Its gross revenue amounted to $2.23 million in 2017 and $2.38 million in 2016. Twiford Enterprises, Inc. filed a Chapter 11 bankruptcy petition (Bankr. D. Wyo. Case No. 18-20120) on March 9, 2018. In its petition signed by its secretary, Jack Twiford, the Debtor disclosed total assets of approximately $7.68 million and $6.49 million in total debts. The Hon. Cathleen D. Parker is the case judge. The Debtor hired Stephen R. Winship, Esq., at Winship & Winship, P.C., as counsel. UNITED ROAD: Court Tosses IncidentClear Summary Judgment Bid ------------------------------------------------------------ District Judge Charles P. Kocoras denied Defendant/Petitioner IncidentClear LLC's motion seeking summary judgment against Plaintiff United Road Towing, Inc., Medley Capital Corporation, and URT United Road Towing, Inc. in the case captioned UNITED ROAD TOWING, INC., a Delaware corporation, Plaintiff, v. INCIDENTCLEAR LLC, et al., Defendants/Petitioners, v. MEDLEY CAPITAL CORPORATION, a Delaware corporation, UNITED ROAD TOWING, INC., a Delaware corporation, and URT UNITED ROAD TOWING, INC., a Delaware corporation, Respondents, No. 14 C 10191 (N.D. Ill.). Plaintiff URT initiated the action against Defendants IncidentClear, Ryan Davids and George Bergeron alleging that Davids and Bergeron, previous employees of URT who own IncidentClear, used confidential and proprietary information they learned while at URT to bid on contracts with the Massachusetts Department of Transportation ("MassDOT") in violation of their obligations under their employment contracts. Defendants' misconduct harmed URT's business and assets. URT alleged that it was runner-up in bidding for the MassDOT contracts and, but for IncidentClear's misconduct, would have been awarded the contracts. After months of litigation, the parties agreed on a Consent Decree as an attempt to remedy the harm caused by Defendants. The Consent Decree, in general terms, enjoins Defendants from competing with URT and related entities in various ways for a period of five years. Most significantly to the instant motion, the Consent Decree enjoins Defendants from performing services for or bidding on MassDOT contracts for certain areas. IncidentClear now seeks summary judgment declaring that the injunction in the Consent Decree, which prevents IncidentClear from bidding on the upcoming renewal of the MassDOT contracts, is dissolved. IncidentClear brings two main arguments: (1) changed circumstances, i.e., the Debtors' bankruptcy filing and sale, subvert the purpose of the Consent Decree, which was meant to protect the "United Companies;" or, alternatively, (2) Medley's purchase of the Debtors' assets triggered the "Contingent Sale" provision of the Consent Decree and negated the MassDOT injunction. Furthermore, IncidentClear argues that judicial and collateral estoppel bar Respondents from claiming that they are related to the United Companies or successors or assignees to them. IncidentClear argues that neither Pat's Towing nor Export were sold as a going concern and that Medley, URT United, URT Pat's Towing and URT Export did not keep Pat's Towing or Export as operating entities. IncidentClear claims that there is a distinction between a sale of the entities themselves and a sale of their bankruptcy estates and assets; the Consent Decree supposedly does not refer to the latter. According to IncidentClear, if the injunction provisions were to apply to the sale of the bankruptcy estates of Pat's Towing and Export, the Consent Decree would have stated so. It contends that there is no justifiable reason to keep the injunction for the benefit of the new corporations who purchased the assets from the bankruptcy estates of insolvent parties who went out of business. While this is a reasonable argument for IncidentClear to make, the purpose of the injunction remains unscathed, as discussed above, because the injunction was meant to repair the harm that IncidentClear caused and prevent it from further gains for a period of time. Furthermore, Respondents stated that Pat's Towing and Export were, in fact, sold as going concerns. IncidentClear failed to respond to that statement of fact, but argues against it in its Reply brief. At the very least, the parties dispute a material fact, which precludes summary judgment. Moreover, a reasonable jury can find in favor of Respondents. The bankruptcy filing and subsequent sale of the Debtors' assets does not warrant a modification of the Consent Decree. IncidentClear also argues that Medley expressly represented to the Bankruptcy Court that it did not control the Debtors and that it did not control the sale of assets process. However, the assertions made to the Bankruptcy Court regarding Medley's control were limited to Medley's control over the sale process, and not over its control over the Debtors generally. Moreover, the Debtors represented to the Bankruptcy Court that Medley was an insider, and the Bankruptcy Court recognized Medley's insider status. Medley is and always has been related to the Debtors through its relationship with URT Holdings and, in turn, URT and its subsidiaries. Having found that Medley was an affiliate of URT, Medley fits within the definition of "United Companies" in the Consent Decree. The Contingent Sale exception has not been triggered and the injunction remains. Lastly, IncidentClear contends that judicial and collateral estoppel bar Respondents from claiming that they are "successors or assigns" or "related to the United Companies." IncidentClear fails to mention, however, that the Debtors also represented to the Bankruptcy Court that "Medley is an insider." As Respondents explain, Chesen's declaration was limited to assuring the Bankruptcy Court that Medley did not control the Debtors during the sale process. Chesen declared, "[W]hile Medley is an insider, Medley in no way used its insider status to affect the marketing process, the Auction, or any other aspect of the process leading to the Sale." The Debtors did not assert to the Bankruptcy Court that Medley was unrelated or an outsider. Judicial estoppel does not apply because Respondents are not taking a contrary position in this instance. Similarly, collateral estoppel does not apply. Respondents are not estopped from arguing that they are a related party. In fact, as IncidentClear itself states, the parties are bound by the decision of the Bankruptcy Court, which determined that Medley was a related party. For the foregoing reasons, IncidentClear's motion for summary judgment is denied. The Consent Decree remains unchanged and IncidentClear is enjoined from bidding on the upcoming MassDOT contracts. A full-text copy of the Court's Memorandum Opinion dated August 9, 2018 is available at https://bit.ly/2wjSEO8 from Leagle.com. United Road Towing, Inc., Plaintiff, represented by Mark Elliott Furlane -- mfurlane@bnf-law.com -- Berger, Newmark & Fenchel P.C. & Bernard Francis Crotty , Law Office of Bernard F. Crotty, P.C. Ryan Davids, IncidentClear, LLC & George Bergeron, Petitioners, represented by Michael Raymond Collins, Collins & Collins. IncidentClear, LLC & Ryan Davids, Defendants, represented by Michael Raymond Collins , Collins & Collins. George Bergeron, Defendant, pro se. Medley Capital Corporation, a Delaware corporation, as alleged assignee of the Consent Decree & URT United Road Towing, Inc, a Delaware corporation, Respondents, represented by Mark Elliott Furlane , Berger, Newmark & Fenchel P.C. Ryan Davids & IncidentClear, LLC, Counter Claimants, represented by Michael Raymond Collins , Collins & Collins. United Road Towing, Inc., Counter Defendant, represented by Mark Elliott Furlane , Berger, Newmark & Fenchel P.C. About United Road Towing Headquartered in Mokena, Illinois, United Road Towing, Inc., dba Good Buy Auto Auction, UR Vehicle Management Solutions, Quality Towing, United Road Vehicle Management Solutions, and dba United Road Towing-San Antonio -- and its affiliates provide towing, recovery, impound, and vehicle management solutions services to both the private and public sector. Through a portfolio of local and regional brands operating across 10 different regions in eight different states, the Company dispatches approximately 500,000 tows, manage over 200,000 impounds and sell over 38,000 vehicles annually across the U.S. United Road Towing, Inc., along with affiliates, filed for Chapter 11 bankruptcy protection (Bankr. D. Del. Case No. 17-10249) on Feb. 6, 2017. The petitions were signed by Michael Mahar, chief financial officer. United Road estimated assets between $10 million and $50 million and debt between $50 million and $100 million. Judge Laurie Selber Silverstein presides over the cases. Daniel J. McGuire, Esq., Grace D. D'Arcy, Esq., and Carrie V. Hardman, Esq., at Winston & Strawn LLP, serve as Debtors' general counsel. M. Blake Cleary, Esq., Ryan M. Bartley, Esq., and Andrew Magaziner, Esq., at Young Conaway Stargatt & Taylor, LLP, serve as the Debtors' Delaware counsel. Getzler Henrich & Associates LLC is the Debtors' financial advisor. SSG Advisors LLC is the Debtors' investment banker. Rust Consulting/Omni Bankruptcy is the Debtors' noticing, claims and balloting agent. Andrew R. Vara, Acting U.S. Trustee for Region 3, on Feb. 16, 2017, appointed five creditors to serve on the official committee of unsecured creditors appointed in the Chapter 11 cases of United Road Towing, Inc., and its affiliates. The Committee retained Pachulski Stang Ziel & Jones LLP as counsel, and Gavin/Solmonese LLC as financial advisor. VALLEY LUMBER: Unsecured Creditors to Be Paid in Full in 5 Years ---------------------------------------------------------------- Unsecured creditors may receive full payment of their claims under a Chapter 11 plan proposed by Valley Lumber Company, Inc., according to the company's disclosure statement filed on Aug. 16 with the U.S. Bankruptcy Court for the Northern District of Alabama. According to the court filing, Valley Lumber is anticipated to pay allowed Class 2 unsecured claims 100% under the plan. These claims will be paid from 50% of the "net plan profits" of the company for five years or until paid in full. The total amount of Class 2 claims asserted by unsecured creditors is $906,922.83. The plan will be funded by the operations of the company. The changes implemented by Valley Lumber in reducing its equipment and working toward a "more efficient operation" should provide revenue to support the expenses contemplated, according to the disclosure statement. A copy of the disclosure statement is available for free at: http://bankrupt.com/misc/alnb17-72121-176.pdf About Valley Lumber Company Valley Lumber Company, Inc., based in Hackleburg, Alabama -- http://www.valleylumbercompany.com/-- manufactures, sells, and delivers lumber, timbers, and glulams. The company has added several products over the 25 plus years in business including plywood, post, poles, boards and siding. Valley Lumber Company filed a Chapter 11 petition (Bankr. N.D. Ala. Case No. 17-72121) on Dec. 8, 2017. Steven D. Hammack, president, signed the petition. The case is assigned to Judge Jennifer H. Henderson. The Debtor is represented by Stuart M Maples, Esq. at Maples Law Firm, PC. At the time of filing, the Debtor estimated $0 to $50,000 in assets and $1 million to $10 million in liabilities. VILLA MARIE: Court Junks FMIBT Bid to Enforce Settlement Agreement ------------------------------------------------------------------ Bankruptcy Judge Laura K. Grandy entered an order denying First Mid-Illinois Bank & Trust, N.A. f/k/a First Clover Leaf Bank's motion to enforce settlement agreement with Debtors Villa Marie Winery, LLC and affiliates. The Bank is the Debtors' primary secured creditor. On the date of filing, the Debtors owed the Bank approximately $1,717,426.29, plus interest, fees, and costs. The indebtedness to the Bank is secured by first priority liens and security interests in substantially all of the Debtors’ assets, including accounts, inventory, equipment, improvements, and proceeds. The Bank also holds mortgages on certain real estate owned by the various Debtors. The Bank alleges that on June 13, 2018, the Debtors and the Bank agreed to a full and final settlement of their disputes in this case. According to the Bank, the settlement terms are fully set forth in a Forbearance Agreement that was attached to an e-mail sent by David Antognoli, counsel for the Bank, to Thomas Riske, counsel for the Debtors, on June 13, 2018. It is the Bank’s position that the Forbearance Agreement was confirmed and accepted by Mr. Riske in a subsequent e-mail, also dated June 13, 2018. The Debtors dispute that there is a valid and enforceable settlement. They contend that the material terms of the proposed settlement are outlined in an earlier e-mail dated June 8, 2018 from Joel Kunin, co-counsel for the Bank, to Mr. Riske. None of those terms included an agreement by the Debtors to release any and all claims against the Bank. When the Debtors later received the Forbearance Agreement with the release language included, Judy Wiemann, the Debtors' owner, refused to sign the Agreement. The Bank then filed the instant motion to enforce settlement. The Court finds that the Bank did not meet its burden of proving that Ms. Wiemann expressly authorized her attorney to agree to the release language in the proposed Forbearance Agreement. In an e-mail dated June 13, 2018, Mr. Riske confirmed that "the terms have been agreed to by the debtors." He also testified that he believed he had the requisite authority from his client to settle the case with the release language included. While the Court has no reason whatsoever to doubt the veracity of Mr. Riske's statements, those statements are not sufficient to prove that Ms. Wiemann expressly authorized him to settle the case with the release language included. Nor was there any other evidence or testimony proving her express authorization. Absent such proof, the Court cannot enforce the Bank's proposed settlement agreement. A copy of the Court's Opinion dated August 20, 2018 is available at: http://bankrupt.com/misc/ilsb18-30163-113.pdf A copy of the Court's Order dated August 20, 2018 is available: http://bankrupt.com/misc/ilsb18-30163-114.pdf About Villa Marie Winery Villa Marie Winery LLC -- https://villamariewinery.com -- and its subsidiaries are privately-held companies in Maryville, Illinois, that operate a vineyard, winery and banquet complex. Villa Marie Winery and its subsidiaries sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Ill. Case Nos. 18-30163 to 18-30169) on Feb. 14, 2018. In the petition signed by Judy S. Wiemann, owner, the Debtor estimated assets and liabilities of $1 million to $10 million. VON DIRECTIONAL: Committee Taps Compton as Financial Advisor ------------------------------------------------------------ The official committee of unsecured creditors of Von Directional Services, LLC seeks approval from the U.S. Bankruptcy Court for the Southern District of Texas to hire Compton & Wendler, P.C., as forensic accountant and financial advisor. The firm will represent the committee in its consultations with the Debtor; investigate and analyze the Debtor's assets and liabilities; advise the committee on tax-related matters; assist the committee in the evaluation of financial claims and on any litigation matters implicated by the Debtor's financial activities; and provide other services related to the Debtor's Chapter 11 case. Compton will charge these hourly rates: Professionals Hourly Rates ------------- ------------ Jeff Compton $490 Allen Wendler $375 Courtney Bragg Chlebus $350 Lorene Rothschild $340 Rob Sanders $305 Jeff Davidson $300 Virginia Christie $270 Darla Shinn $250 Hao Chen $250 Paul Glenn $245 Marsha Hunt $200 Pamela Njoku $190 Krystle Lee $190 Miriam Avila $140 Para Professional Hourly Rates ----------------- ------------ Debbie Mendoza $100 Compton does not represent any interest adverse to the committee, according to court filings. The firm can be reached through: Jeffrey A. Compton Compton & Wendler, P.C. Two Houston Center 909 Fannin, Suite 3275 Houston, TX 77010 Phone: 713-351-7110/713-659-5080 Fax: 713-659-8730 Email: jeff@cw-cpa.com About Von Directional Services Von Directional Services, LLC, is a privately owned company in the commercial and industrial machinery and equipment rental and leasing industry. The Company provides both equipment and personnel to oil and gas exploration companies. Von Directional Services sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 18-33794) on July 9, 2018. At the time of the filing, the Debtor estimated assets and debt of $10 million to $50 million. Melissa Anne Haselden, Esq., at Hoover Slovacek LLP, in Houston, Texas, serves as counsel to the Debtor. The Office of the U.S. Trustee appointed an official committee of unsecured creditors on July 18, 2018. The committee tapped Haynes and Boone, LLP, as its legal counsel. WACHUSETT VENTURES: August 29 Hearing on 2nd Exclusivity Extension ------------------------------------------------------------------ The Hon. Frank J. Bailey of the U.S. Bankruptcy Court for the Northern District of West Virginia, at the behest of Wachusett Ventures, LLC and its affiliated debtors, will hold a hearing on Aug. 29, 2018, at 2:00 p.m. to consider WV Debtors' Second Motion for an Order Extending the Exclusivity Periods to file Chapter 11 Plan and Solicit Acceptances. Objections to the Motion are due by Aug. 28, 2018 by 12:00 noon. About Wachusett Ventures Founded in 2013, Wachusett Ventures, LLC, operates five skilled nursing facilities in Connecticut and Massachusetts and employ approximately 600 people. For the fiscal year 2017, their gross revenue was approximately $54 million. Wachusett Ventures and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Mass. Lead Case No. 18-11053) on March 26, 2018. In the petitions signed by Steven Vera, chief operating officer, Wachusett Ventures estimated assets of $1 million to $10 million and liabilities of less than $1 million. Judge Frank J. Bailey presides over the case. The Debtors hired Nixon Peabody LLP as legal counsel; CBIZ Accounting, Tax & Advisory of New York, LLC as financial advisor; Marcum LLP as accountant; and Donlin, Recano & Company, Inc., as claims and noticing agent. The U.S. Trustee for Region 1 on April 6, 2018, appointed five creditors to serve on the official committee of unsecured creditors in the Chapter 11 cases. WAGGONER CATTLE: Taps Gary Philips as Real Estate Appraiser ----------------------------------------------------------- Waggoner Cattle, LLC, seeks approval from the U.S. Bankruptcy Court for the Northern District of Texas to hire a real estate appraiser. The Debtor proposes to employ Gary Philips to conduct an appraisal of its property in Texas and, if necessary, its calf operation. He will be paid as much as $10,000 for his services. Mr. Philips has no connection with creditors of the Debtor's estate or any person who has interests adverse to the Debtor, according to court filings. Mr. Philips maintains an office at: Gary D. Philips 2210 Topeka Avenue Lubbock, TX 79407 About Waggoner Cattle Waggoner Cattle, et al., are privately-held companies in Dimmitt, Texas, engaged in cattle ranching and farming. Circle W of Dimmitt, Inc. ("Circle W"), is the operating arm for Waggoner Cattle, LLC, Bugtusslel Cattle, LLC and Cliff Hanger Cattle, LLC, and it is managing the financial affairs of those companies. Waggoner Cattle, Circle W of Dimmitt, Inc., Bugtussle Cattle, LLC and Cliff Hanger Cattle, LLC (Bankr. N.D. Tex. Case No. 18-20126 to 18-20129) simultaneously filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code on April 9, 2018. In the petitions signed by Michael Quint Waggoner, managing member the Debtors estimated $1 million to $10 million in assets and $10 million to $50 million in liabilities. WAND INTERMEDIATE I: Moody's Affirms B2 CFR, Outlook Stable ----------------------------------------------------------- Moody's Investors Service affirmed all ratings of Wand Intermediate I LP's including its B2 Corporate Family Rating and B2-PD Probability of Default Rating. The outlook remains stable. "T[he] ratings affirmations and stable outlook reflect Abra's well executed expansion and integration of the significant acquisitions made during 2014 and 2015, which has translated into meaningful deleveraging, with debt/EBITDA dropping to the low 6 times range at the June 2018 LTM," stated Moody's Vice President Charlie O'Shea. "Moody's acknowledges that during acquisitive periods, leverage will likely bounce up, but recent performance indicates that there is a demonstrated delveraging path over a reasonable amount of time." Outlook Actions: Issuer: Wand Intermediate I LP Outlook, Remains Stable Affirmations: Issuer: Wand Intermediate I LP Probability of Default Rating, Affirmed B2-PD Corporate Family Rating, Affirmed B2 Senior Secured 1st Lien Revolving Credit Facility, Affirmed B1 (LGD3) Senior Secured 1st Lien Term Loan, Affirmed B1 (LGD3) Senior Secured 2nd Lien Term Loan, Affirmed Caa1 (LGD5) RATINGS RATIONALE ABRA's B2 Corporate Family Rating reflects its strong market position in the highly fragmented collision repair sub-sector and its strong relationships with national and major insurance carriers which represent the vast majority of revenue. The rating also reflects the company's credit metrics with tolerable leverage on a debt/EBITDA basis at 6.3x and coverage on an EBIT/interest basis of around 1.3x for the June 2018 LTM. Moody's expects credit metrics to modestly improve in the intermediate term as the company leverages its increased scale and benefits from strong industry fundamentals should support a stable demand for its services. In addition, the ratings reflect the company's aggressive growth strategy through acquisitions which are funded with cash flows and debt. Moody's views the company's liquidity profile as weak, negatively impacted by the looming September 2019 maturity of the revolving credit facility. The stable outlook reflects its expectation for continued solid operating performance that includes high single digit revenue growth aided by positive same store sales and new store expansion, combined with relatively stable EBITDA margins. Moody's expects leverage over the next 12-24 months will continue to moderate toward the low-6 times range with EBIT to interest expense in the mid-1 times range. Its outlook also assumes ABRA's growth strategy will be prudently and economically executed and that the company will manage its upcoming maturities in a timely manner. Ratings could be upgraded if the company is able to execute its growth strategy and sustainably grow top line and operating income such that debt/EBITDA improved to around 5.5 times and EBIT/interest was maintained around 2 times, with liquidity at least good. Ratings could be downgraded if the company's operating performance worsens or aggressive financial policies resulted in debt/EBITDA sustained above 6.5 times or EBIT/interest was maintained below 1.0 times, or if liquidity were to deteriorate for any reason, including the failure to timely renew the revolving facility. Headquartered in Brooklyn Park, Minnesota, Wand Intermediate I LP (dba ABRA Auto Body and Glass LP) is a leading provider of vehicle body and glass repair services, with over 335 locations across 25 states in the US and last twelve months revenue was over $1,011 million as of June 30, 2018. The company is majority owned by Hellman & Friedman LLC and does not publicly disclose financial information. WASHINGTON MUTUAL: Summary Judgment Against H. Kareem Upheld ------------------------------------------------------------ The appeals case captioned HUSSAIN KAREEM, Appellant, v. WMI LIQUIDATING TRUST, Appellee, C.A. No. 15-995-GMS (D. Del.) is an appeal from the Oct. 20, 2015 Order of the U.S. Bankruptcy Court for the District of Delaware granting summary judgment in favor of WMI Liquidating Trust. After having considered the record on appeal, the parties' submissions, the standard of review, and the applicable law, District Judge Gregory M. Sleet finds that the Bankruptcy Court committed no factual or legal error. The Court, therefore, affirms the Bankruptcy Court's order. Here, Kareem argues that the Bankruptcy Court's order is in error and should, therefore, be overruled. Specifically, Kareem contends that the Bankruptcy Court improperly ruled that: (1) Kareem's claims were subject to and barred by the March 31, 2009 bar date, (2) the mailbox rule and Bankruptcy Rule of Procedure 9006(f) were inapplicable to his late-filed June 2012 Proof of Claims, and (3) he failed to establish excusable neglect. The appellee contends that the Bankruptcy Court's decision should be affirmed. Specifically, appellee argues that the Bankruptcy Court correctly determined that: (1) Kareem had notice of the Bar Date Order and the March 2012 Notice, (2) his Proof of Claims against the Debtors were required to be "actually received" before the March 31, 2009 bar date or the June 17, 2012 bar date, (3) Kareem failed to file his Proof of Claims before either the original March 31, 2009 bar date or the June 17, 2012 Administrative Expense Bar Date, and (4) Kareem failed to establish excusable neglect for his late-filed claims. The Bankruptcy Court did not abuse its discretion in finding that Kareem received notice of both the March 31, 2009 bar date and the June 17, 2012 Administrative Expense Request bar date. The Bankruptcy Court correctly determined that, although Kareem claimed that he did not receive actual notice of the January 30, 2009 Bar Date order which set March 31, 2009 as the bar date, Debtors complied with the Bar Date Order's notice requirements. Specifically, the court correctly construed the plain language of its order, which "require[d] service on those creditors of which the Debtor had actual knowledge that they had a claim against it by mail, but also allowed the notice by publication on all other creditors who may have had a claim against the Debtor." The Bankruptcy Court determined that Debtors complied with the publication notice requirements by publishing the notice in four newspapers. Therefore, the Bankruptcy Court correctly ruled that Kareem had notice of his claims against the Debtors and, as a result, was bound by the Bar Date Order. Second, the Bankruptcy Court did not abuse its discretion in finding that Kareem missed both the March 31, 2009 and the June 17, 2012 deadlines for filing his Proof of Claims and the Bankruptcy Court did not err in determining that neither the Mailbox Rule nor the Bankruptcy rule of Procedure 9006(f) were applicable. The Bankruptcy Court found that Kareem missed the March 31, 2009 deadline. The Bankruptcy Court properly interpreted the plain language of the March 2012 Notice, which stated that a creditor's Proof of Claim must be "actually received" by June 17, 2012. Here, the March 2012 Notice did not prescribe a time period during which Kareem had to respond after service as contemplated by the statute, but instead provided a specific date on which the Proof of Claims had to be "actually received." Considering that, the Bankruptcy Court correctly found that Bankruptcy Rule of Procedure 9006(f) was inapplicable. Thus, the Bankruptcy Court properly determined, in accordance with precedent in this Circuit, that the Bankruptcy Rule of Procedure 9006(f) and the Mailbox Rule were not applicable, and Kareem's Proof of Claims received on June 19, 2012 were late-filed. Therefore, the court cannot conclude that the Bankruptcy Court erred in its factual findings or legal conclusions in this regard. Finally, the court disagrees with Kareem's contention that the Bankruptcy Court erred in finding that Kareem failed to establish excusable neglect. The Bankruptcy Court determined that Kareem inexplicably delayed filing his Proof of Claims despite having notice of his claims at least ten months prior and failed to present any mitigating circumstances for his delay. The record supports the Bankruptcy Court's finding that Kareem failed to demonstrate excusable neglect. Therefore, the court detects no error in the Bankruptcy Court's factual determinations or in its legal conclusions in its ruling that Kareem's Proof of Claims were barred by his failure to timely file them in advance of either the March 31, 2009 or the June 17, 2012 bar dates and that his failure to act was not the result of excusable neglect. A full-text copy of the Court's Memorandum dated August 6, 2018 is available at https://bit.ly/2Puc0sI from Leagle.com. Hussain Kareem, Appellant, pro se. WMI Liquidating Trust, Appellee, represented by Mark David Collins -- Collins@rlf.com -- Richards, Layton & Finger, PA, Marcos Alexis Ramos -- ramos@rlf.com -- Richards, Layton & Finger, PA & Michael J. Merchant -- merchant@rlf.com -- Richards, Layton & Finger, PA. About Washington Mutual Based in Seattle, Washington, Washington Mutual Inc. -- http://www.wamu.com/-- was the holding company for Washington Mutual Bank as well as numerous non-bank subsidiaries. Washington Mutual Bank was taken over on Sept. 25, 2008, by U.S. government regulators. The next day, WaMu and its affiliate, WMI Investment Corp., filed separate petitions for Chapter 11 relief (Bankr. D. Del. 08-12229 and 08-12228, respectively). WaMu owned 100% of the equity in WMI Investment. When WaMu filed for protection from its creditors, it disclosed assets of $32,896,605,516 and debts of $8,167,022,695. WMI Investment estimated assets of $500 million to $1 billion with zero debts. WaMu was represented in the Chapter 11 case by Brian Rosen, Esq., at Weil, Gotshal & Manges LLP in New York City; Mark D. Collins, Esq., at Richards, Layton & Finger P.A. in Wilmington, Del.; and Peter Calamari, Esq., and David Elsberg, Esq., at Quinn Emanuel Urquhart Oliver & Hedges, LLP. The Debtor tapped Valuation Research Corporation as valuation service provider for certain assets. Fred S. Hodara, Esq., at Akin Gump Strauss Hauer & Fled LLP in New York, and David B. Stratton, Esq., at Pepper Hamilton LLP in Wilmington, Del., represented the Official Committee of Unsecured Creditors. Stephen D. Susman, Esq., at Susman Godfrey LLP and William P. Bowden, Esq., at Ashby & Geddes, P.A., represented the Equity Committee. The official committee of equity security holders also tapped BDO USA as its tax advisor. Stacey R. Friedman, Esq., at Sullivan & Cromwell LLP and Adam G. Landis, Esq., at Landis Rath & Cobb LLP in Wilmington, Del., represented JPMorgan Chase, which acquired the WaMu bank unit's assets prior to the Petition Date. Records filed Jan. 24, 2012, say that Washington Mutual Inc., former owner of the biggest U.S. bank to fail, has spent $232.8 million on bankruptcy professionals since filing its Chapter 11 case in September 2008. As reported in the Troubled Company Reporter on March 21, 2012, the Debtors disclosed that their Seventh Amended Joint Plan of Affiliated Debtors, as modified, and as confirmed by order, dated Feb. 23, 2012, became effective, marking the successful completion of the Chapter 11 restructuring process. WILLIAM CLARKE: Has $2.85M Offer for San Francisco Properties ------------------------------------------------------------- William Gardner Clarke asks the U.S. Bankruptcy Court for the Northern District of California to authorize the sale of the real property commonly known as 194-198 Guerrero Street, San Francisco, California and 502 14th St, San Francisco, California, Collective APN: Block 3534, Lot 14, as well as all personal proeprty located thereon, to Joseph E. Pearson, Geoffrey T. Herrick, and Sean M. Kelley for a total purchase price of $2.85 million, subject to overbid. The Debtor owns a legal and/or equitable interest in the following parcels of real property, identified as follows: a. Guerrero St. Property: (i) FMV - est. $4,100,000 as of 5/18/2018; (ii) First Mortage - Select Portfolio Servicing (estimated balance $1,175,000); (iii) Second Mortgage - Saxe Mortgage Co. (estimated balance $1,074,000) b. 39250 Outlet Creek Road, Laytonville, California: (i) FMV - est. $4,100,000 as of 5/18/2018; (ii) First Mortage - Reprop Financial (estimated balance $331,870); (iii) Second Mortgage - Sigrid Hecht (estimated balance $500,000) The case was filed to stop a foreclosure sale on the Guererro St. property and was subsequently converted to chapter 11 due to the debt levels under section 109(e) of the Code. The DIP is the primary/exclusive shareholder and owner of the following entities: a. The proposed transaction will enable the DIP to continue to operate Mission Beach Cafe -- now as a tenant of the purchasers -- subject to the execution of a mutually satisfactory commercial lease agreement prior to the close of escrow. b. The DIP intends to file a chapter 11 plan of reorganization that will pledge all available disposable income to creditors for 60 months, and pay all governmental priority allowed, tax claims within 60 months of the petition date. The DIP listed the property through multiple listing service and marketed at various meet ups where potential buyers and investors were present. Due to the deferred maintenance and the nature of this transaction, the DIP was not presented with many offers. The Debtor received two offers, both at the same $2.8 million price point. While he was in negotiation with both offerors, he received the final, written offer from the Buyers, at the same price point; the other offeror backed out and did not submit a written offer. The Debtor able to negotiate the written offer received up to $2.84 million. In addition, he wanted to have an option to possibly repurchase the property within two years. The Buyer agreed to give the Debtor this option at a premium should he tor be able to re purchase within two years. The comparative market analysis prepared by Broker Monica Pham showed a price range of $1,638,682 to $2,975,000 for like buildings. Because of the foregoing, it is the Broker's professional opinion that $2.85 million represents the fair market value of the Subject Property. Per the terms of the Purchase and Sale Agreement, the sale will be free and clear of certain claims of lien and other interests of: 1) Department of Treasury – Internal Revenue Service and 2) the Franchise Tax Board. The purchase price will be paid as follows: (i) $10,000 deposit (already paid); (ii) $2 million of new financing; and (iii) $840,000 in additional funds before the close of escrow ("COE"). The Financing Contingency allows the Buyers to obtain a $2 million loan for an amortization period of two years, at no more than 8% annual interest, with other terms and conditions satisfactory to the Buyers; said condition must be removed within 30 days of Effective Date -- by Aug. 25, 2018 -- or either Party may terminate the PSA. The personal property include in the sale is as follows: a. all fixtures, fittings, systems and equipment attached to the Property and the land or improvements thereon and used in the operation and occupancy of the Property, including any and all of the following, to the extent they exist and are owned by Seller as of the Effective Date: appliances, heating and cooling systems, electrical systems, lighting, plumbing fixtures, hardware, screens, awnings, shutters, window coverings, floor coverings, television antennas/satellite dishes and related equipment, mail boxes, garage door openers and transmitters, trees, shrubs and outdoor plants planted in the ground, and any and all items permanently attached to the Property or the parcel of land that includes the Property. b. Except as otherwise set forth, all personal property of whatever character or description, belonging to Seller, which remains on the Property after the close of escrow, will be deemed to have been abandoned by the Seller and will become the property of Buyer, who may thereafter keep, sell, or dispose of any or all such property without notice to the Seller. c. Notwithstanding the above, any personal property belonging to the Seller that is used in the operation of the Mission Beach Café will remain the Seller's property in connection with the operation of Mission Beach Café, subject to the terms and conditions of the PSA. The DIP will deposit all collective proceeds from the sale into an appropriate escrow account and administer pursuant to the following two (2) provisions: a. That the judgments, liens, claims and interests of the parties herein, attach to any proceeds from the sale of these assets, to the same priority and extent that they attach to the subject assets. b. That the proceeds from the sale of the assets described above be held in an interest bearing account until further order of this Court to determine the validity, priority and extent of the judgments, liens, claims and interests of the parties. Subject to subsequent Bankruptcy Court approval, the DIP reasonably anticipates paying out of escrow the 5% broker commissions, transfer taxes, other liens on the Subject Property, as well as any court-approved administrative expenses of the estate (pending), any and all building code enforcement violations, utility liens, and (outside of the liens of the Internal Revenue Service and Franchise Tax board) any and all liens necessary to pay to deliver clean title as identified in the Preliminary Title Report, as well as all other expenses as indicated in the Estimated Seller's Statement. The restaurant space at 198 Guerrero Street currently operated by Seller will remain in the Seller's possession after COE, on the condition that the Parties enter into a commercial lease for the space with the Seller's entity -- Mission Beach Café, LLC -- as tenant and the Buyer as landlord prior to the close of escrow, as delineated in the PSA. Repurchase Option with Seller Remaining on Premises as Licensee: for a period of time of 24 months from the date of COE, the Seller will have the option to repurchase the Property from Buyer for the price of $3.25 million plus reimbursement of any costs of repairs and improvements made by Buyer during the option period, up to an additional $100,000, on the further condition that the Seller pay for any and all costs of sale and closing costs associated with repurchase of the Property. During this option period, Seller may continue to reside in the residential unit known as 196 Guerrero Street, although the Seller will not be considered to be a tenant at the property, but merely a licensee allowed to use and occupy the unit temporarily, on a day-to-day basis, in conjunction with the option to repurchase, as delineated in the PSA The Buyer is purchasing the Subject Property "as-is," subject to a physical inspection/physical condition contingency of the PSA, with no condition or warranties except that DIP does not have any actual knowledge of any liens, security interests, or claims against the DIP other than the liens identified in the preliminary title report attached to the broker's declaration. The sale is subject to overbid. Any and all parties are encouraged to overbid, pursuant to the schedule outlined in the accompany Notice and Opportunity for Overbid. It reasonable to anticipate overbids given the low level of comparable inventory in the surrounding districts in San Francisco Pursuant to BLR 6004-1, BLR 9014-1, Rules 2002 and 6004 of the Federal Rules of Bankruptcy Procedure, and 11 U.S.C. Sections 363(b)(1), and (f)(4) to sell the Subject Property free and clear of these claims of lien: a. Department of Treasury – Internal Revenue Service (Recording No. 2010-1928172-00): $30,918 b. Department of Treasury – Internal Revenue Service (Recording No. 2010-1950783-00): $2,388 c. Franchise Tax Board (Recording No. 2010-J077750-00): $11,307 d. Department of Treasury – Internal Revenue Service (Recording No. 2011-J176759-00): $51,871 e. Franchise Tax Board (Recording No. 2015-K029137-00): $92,883 f. Franchise Tax Board (Recording No. 2015-K142647-00): $66,421 g. Franchise Tax Board (Recording No. 2016-K343583-00): $82,095 Although Bankruptcy Rule 6004(h) provides for a 14-day stay of a sale order unless the Bankruptcy Court orders otherwise, the DIP asks that the Bankruptcy Court waives the stay provisions of Bankruptcy Rule 6004(h) so that the sale may close as expeditiously as possible. The Debtor asks that the Court waives the stay provisions of Bankruptcy rule 6004(h). A hearing on the Motion is set for Sept. 6, 2018 at 10:00 a.m. Counsel for the Debtor: Matthew D. Metzger, Esq. BELVEDERE LEGAL, PC 1777 Borel Place, Suite 314 San Mateo, CA 94402 Telephone: (415) 513-5980 Facsimile: (415) 513-5985 E-mail: mmetzger@belvederelegal.com The case In re William Gardner (Bankr. N.D. Cal. Case No. 17-31081). WINN-DIXIE MONTGOMERY: Losses Summary Judgment Bids vs H & L, SIC ----------------------------------------------------------------- In the case captioned LOUIS SONIER, v. WINN-DIXIE MONTGOMERY SECTION A(2), Civil Action No. 16-17289 (E.D. La.), District Judge Jay C. Zainey denied Third Party Plaintiff Winn-Dixie Montgomery, LLC's motions for summary judgment against H & L Construction & Renovation, Inc. and Scottsdale Insurance Company. H & L and Scottsdale's motions for summary judgment against Winn-Dixie are granted. The cross-claim of Winn-Dixie against H & L is dismissed with prejudice and the Winn-Dixie's Third Party Complaint against Scottsdale is dismissed with prejudice. The Court revisited some of the findings from its February 16, 2018 Order and Reasons granting summary judgment in favor of Winn-Dixie Montgomery and H & L against Sonier. The Court's ruling on liability in that Order plays a significant role in deciding the instant motions. Additionally, the bulk of the Court's analysis concerns interpreting the contract between BI-LO and H & L, in which H & L agrees to perform work on the Winn-Dixie restroom at issue. In interpreting contracts, including indemnity clauses, the Court is guided by the general rules contained in articles 2045-2057 of the Louisiana Civil Code. The interpretation of a contract is the determination of the common intent of the parties. Winn-Dixie Montgomery first argues that, if taken as true, Sonier's original allegations against H & L and Winn-Dixie Montgomery arise out of the work performed by H & L. Winn-Dixie Montgomery first relies on Berry v. Orleans Parish School Board, wherein the Louisiana Supreme Court applied the rule that "[a] contract of indemnity whereby the indemnitee is indemnified against the consequences of his own negligence is strictly construed, and such a contract will not be construed to indemnify an indemnitee against losses resulting to him through his own negligent acts unless such an intention is expressed in unequivocal terms." The terms of the Contract are clear and unambiguous. Winn-Dixie Montgomery was not named as a party to the Contract. Nor does the Contract contemplate that H & L would be obligated to indemnify Winn-Dixie Montgomery. Moreover, the insurance clause of the Contract provides that "[t]he Contractor [H & L] shall cause the commercial liability coverage required by the Contract Documents to include . . . (2) the Owner [BI-LO] as an additional insured for claims caused in whole or in part by [H & L's] negligent acts or omissions during [H & L's] completed operations." As with the indemnity clause, the insurance clause of the Contract only obliges H & L to name BI-LO as an additional insured for claims caused by H & L's negligent acts during the completed operations. Therefore, the Contract did not create an obligation for H & L to indemnify or insure Winn-Dixie Montgomery for Sonier's now dismissed claims. Moreover, there is no obligation for H & L to indemnify and defend Winn-Dixie Montgomery for Winn-Dixie Montgomery's own alleged negligence. First, the Court previously ruled that Sonier's injuries were not caused by violations of the ADA or by any act of negligence. Therefore, any argument regarding whether H & L agreed to indemnify Winn-Dixie Montgomery for losses that resulted from Winn-Dixie's own negligence is futile. Pursuant to the terms of the Contract, H & L is not obliged to defend and indemnify Winn-Dixie Montgomery against the claims previously brought in this lawsuit. The Court does not read the Contract to include Winn-Dixie Montgomery as an "Owner" under the applicable provisions. Moreover, there has been no finding of negligence on behalf of H & L as the negligence claims against H & L were dismissed months ago. Additionally, as previously found by this Court, Winn-Dixie Montgomery is free from fault. Therefore, any argument by Winn-Dixie Montgomery that seeks to have H & L indemnify and/or insure Winn-Dixie Montgomery for its own acts of negligence is inapposite. For these reasons, H & L's Motion for Summary Judgment is granted; Winn-Dixie Montgomery's Motion for Summary Judgment against H & L is denied; and Winn-Dixie Montgomery's Cross-Claim against H & L is dismissed with prejudice. Winn-Dixie Montgomery also filed a third party complaint against Scottsdale on June 15, 2017 making a "formal demand on Scottsdale Insurance Company to assume the defense of Winn-Dixie Montgomery, LLC and indemnify Winn-Dixie Montgomery, LLC for any liability in this litigation." Winn-Dixie Montgomery also seeks reimbursement of all defense costs and any other costs paid by Winn-Dixie Montgomery in connection with this litigation. Winn-Dixie Montgomery maintains the position that it is an additional insured under the policy issue by Scottsdale to H & L. The Court notes that the certificates of liability insurance presented by Winn-Dixie Montgomery do not provide coverage. First, the only certificate that lists insurance policies in effect at the time of the accident is the certificate found at Rec. However, only Southeastern Grocers is listed as a "Certificate Holder." Therefore, the Court finds neither of the certificates of liability insurance presented by Winn-Dixie Montgomery evidence a grant of additional insured status by Scottsdale. Winn-Dixie Montgomery has not met its burden of showing that it is an additional insured under either Scottsdale policy. The accident at issue occurred after H & L's renovations on the men's restroom were completed. For these reasons, Winn-Dixie Montgomery is not afforded coverage by Scottsdale's policies. Therefore, Scottsdale is entitled to summary judgment in the form of dismissing Winn-Dixie Montgomery's third party complaint against it. A copy of the Court's Order dated August 6, 2018 is available at https://bit.ly/2w9ZruD from Leagle.com. Louis Sonier, Plaintiff, represented by Darleen Marie Jacobs, Darleen M. Jacobs, APLC. Winn-Dixie Montgomery, LLC, Defendant, represented by Stephen N. Elliott -- elliotts@bcedlaw.com -- Bernard, Cassisa, Elliott & Davis, APLC & Howard Bruce Kaplan -- hkaplan@bcedlaw.com -- Bernard, Cassisa, Elliott & Davis, APLC. Winn-Dixie Montgomery, LLC, Third Party Plaintiff, represented by Stephen N. Elliott, Bernard, Cassisa, Elliott & Davis, APLC & Howard Bruce Kaplan , Bernard, Cassisa, Elliott & Davis, APLC. Scottsdale Insurance Company, Third Party Defendant, represented by Godfrey Bruce Parkerson -- bparkerson@pmpllp.com -- Plauche, Maselli, Parkerson, LLP, Elizabeth Attie Babin Carville , Plauche, Maselli, Parkerson, LLP & Jessica Smith Savoie -- jsavoie@pmpllp.com -- Plauche, Maselli, Parkerson, LLP. WONDERWORK INC: Trustee Taps Gordon Brothers as IP Advisor ---------------------------------------------------------- Stephen Gray, the Chapter 11 trustee for WonderWork Inc., seeks approval from the U.S. Bankruptcy Court for the Southern District of New York to hire Gordon Brothers Asset Advisors, LLC. The firm will provide a valuation of the trademark portfolio and other related intellectual property of the Debtor. Gordon Brothers will be paid $30,000 for the services contemplated under its engagement agreement with the trustee. Additional services beyond the scope of work covered under the agreement will be paid on an hourly basis: President $600 Senior Managing Director $450 Managing Director $425 Director $400 Senior Manager $325 Manager $250 Senior Appraiser $225 Appraiser $200 Senior Analyst $175 Analyst $150 Specialist $75 Gordon Brothers is a "disinterested person" as defined in Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: Mackenzie Shea Gordon Brothers Asset Advisors, LLC Prudential Tower 800 Boylston Street, 27th Floor Boston, MA 02199 Phone: +1 (617) 422-6519 Email: mshea@gordonbrothers.com Email: info@gordonbrothers.com About Wonderwork Inc. Wonderwork, Inc., is a charity that has provided grants to fund more than 220,000 surgeries in just six years. Wonderwork filed a Chapter 11 petition (Bankr. S.D.N.Y. Case No. 16-13607) on Dec. 29, 2016. In the petition signed by CEO Brian Mullaney, the Debtor estimated $10 million to $50 million in assets and $10 million to $50 million in debt. The Debtor was represented by Aaron R. Cahn, Esq., at Carter Ledyard & Milburn LLP, as counsel; and BDO USA, LLP, as auditor and tax advisor. Pursuant to the Court's order entered on April 21, 2017, Jason R. Lilien was appointed as Chapter 11 examiner. He hired Loeb & Loeb LLP as his counsel. On Nov. 3, 2017, the Examiner issued his final report wherein, among other things, the Examiner found that there were sufficient grounds to appoint a Chapter 11 trustee. Stephen S. Gray was appointed Chapter 11 trustee in the Debtor's case. The Trustee tapped Togut, Segal & Segal LLP as his bankruptcy counsel. WONDERWORK INC: Trustee Taps Verdolino & Lowey as Tax Accountant ---------------------------------------------------------------- Stephen Gray, the Chapter 11 trustee for WonderWork, Inc., seeks approval from the U.S. Bankruptcy Court for the Southern District of New York to hire Verdolino & Lowey, P.C. as tax accountant. The firm will assist the trustee and his professionals in analyzing and evaluating tax issues; prepare tax returns; assist in tax analysis and strategy; provide testimony; and provide other tax accounting services. The firm will charge these hourly rates: Partner $465 Director $395 Manager $350 Associate $315 Craig Jalbert, an accountant employed with Verdolino & Lowey, disclosed in a court filing that his firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Craig R. Jalbert Verdolino & Lowey, P.C. 124 Washington Street, Suite 101 Foxboro, MA 02035 Phone: 508-543-1720 Fax: 508-543-4114 E-mail: cjalbert@vlpc.com About Wonderwork Inc. Wonderwork, Inc., is a charity that has provided grants to fund more than 220,000 surgeries in just six years. Wonderwork filed a Chapter 11 petition (Bankr. S.D.N.Y. Case No. 16-13607) on Dec. 29, 2016. In the petition signed by CEO Brian Mullaney, the Debtor estimated $10 million to $50 million in assets and $10 million to $50 million in debt. The Debtor was represented by Aaron R. Cahn, Esq., at Carter Ledyard & Milburn LLP, as counsel; and BDO USA, LLP, as auditor and tax advisor. Pursuant to the Court's order entered on April 21, 2017, Jason R. Lilien was appointed as Chapter 11 examiner. He hired Loeb & Loeb LLP as his counsel. On Nov. 3, 2017, the Examiner issued his final report wherein, among other things, the Examiner found that there were sufficient grounds to appoint a Chapter 11 trustee. Stephen S. Gray was appointed Chapter 11 trustee in the Debtor's case. The Trustee tapped Togut, Segal & Segal LLP as his bankruptcy counsel. WOODBRIDGE GROUP: Amended Disclosure Statement Filed ---------------------------------------------------- Woodbridge Group of Companies, LLC on Aug. 16 filed with the U.S. Bankruptcy Court for the District of Delaware its latest disclosure statement, which explains its first amended Chapter 11 plan of liquidation. The filing contains disclosures about the motion jointly filed by the official committee of unsecured creditors and the ad hoc noteholder group in which they asked for court approval of the procedures related to the proposed $215 million noteholder liquidity facility that would be made available to noteholders from AXAR Capital for the purpose of providing loans equal to 30% of each noteholder's allowed net claim. According to the disclosure statement, participation by any noteholder in the liquidity facility is purely optional, and that the liquidity facility is entirely separate from Woodbridge's plan process. The noteholder's decision to participate or not will have no effect on its treatment under the plan except that for any noteholder that borrows under the liquidity facility, any distributions from Woodbridge and its affiliates to such borrower will instead be paid directly to AXAR Capital, according to the disclosure statement. The filing also contains additional disclosures about the motion filed by Woodbridge to dismiss the adversary proceeding (Adv. Proc. No. 18-50371) filed by a group of noteholders. These noteholders assert that they hold "valid, perfected, first-priority" liens against the real property in Holmby Hills, California; or against the proceeds from a sale of the property via a security interest in a note secured by the property. A copy of the latest disclosure statement is available for free at: http://bankrupt.com/misc/deb17-12560-2353.pdf About Woodbridge Group Headquartered in Sherman Oaks, California, The Woodbridge Group Enterprise -- http://www.woodbridgecompanies.com/-- is a comprehensive real estate finance and development company. Its principal business is buying, improving, and selling high-end luxury homes. The Woodbridge Group Enterprise also owns and operates full-service real estate brokerages, a private investment company, and real estate lending operations. The Woodbridge Group Enterprise and its management team have been in the business of providing a variety of financial products for more than 35 years, and have been primarily focused on the luxury home business for the past five years. Since its inception, the Woodbridge Group Enterprise has completed more than $1 billion in financial transactions. These transactions involve real estate, note buying and selling, hard money lending, and alternative financial transactions involving thousands of investors. Woodbridge Group of Companies and certain of its affiliates filed Chapter 11 bankruptcy petitions (Bankr. D. Del. Lead Case No. 17-12560) on Dec. 4, 2017. Woodbridge estimated assets and liabilities at between $500 million and $1 billion. The Chapter 11 cases are being jointly administered. Judge Kevin J. Carey presides over the case. Samuel A. Newman, Esq., Oscar Garza, Esq., Daniel B. Denny, Esq., Jennifer L. Conn, Esq., Eric J. Wise, Esq., Matthew K. Kelsey, Esq., and Matthew P. Porcelli, Esq., at Gibson, Dunn & Crutcher, LLP, and Sean M. Beach, Esq., Edmon L. Morton, Esq., Ian J. Bambrick, Esq., and Allison S. Mielke, Esq., at Young Conaway Stargatt & Taylor, LLP, serve as the Debtors' bankruptcy counsel. Homer Bonner Jacobs, PA, as special counsel, Province, Inc., as expert consultant, Moelis & Company LLC, as investment banker. The Debtors' financial advisors are Larry Perkins, John Farrace, Robert Shenfeld, Reece Fulgham, Miles Staglik, and Lissa Weissman at SierraConstellation Partners, LLC. Beilinson Advisory Group is serving as independent management to the Debtors. Garden City Group, LLC, is the Debtors' claims and noticing agent. Pachulski Stang Ziehl & Jones is counsel to the Official Committee of Unsecured Creditors; and FTI Consulting, Inc., serves as its financial advisor. An official committee of unsecured creditors was appointed in the Chapter 11 cases on Dec. 14, 2017. On Jan. 23, 2018, the Court approved a settlement providing for the formation of an ad hoc noteholder group and an ad hoc unitholder group. WORLD GLOBAL: Trustee Suit Stayed Pending Resolution of Ch. 11 Case ------------------------------------------------------------------- District Judge Susan O. Hickey granted World Global Financing, Inc.'s motion to stay the case captioned RENEE S. WILLIAMS, TRUSTEE, Plaintiff, v. WORLD GLOBAL FINANCING, INC.; and JOHN DOES 1-5, Defendants, 1:18-mc-00007 (W.D. Ark.) pending the resolution of its Chapter 11 bankruptcy case. The commencement of a voluntary Chapter 11 petition operates as an automatic stay, applicable to all entities, of any "action or proceeding against the debtor that was . . . commenced before the commencement of the [Chapter 11] case, or to recover a claim against the debtor that arose before the commencement of the [Chapter 11] case." The stay is effective even though no notice is given, and generally, actions taken in violation of the automatic stay are void. However, there are certain statutory exceptions to this automatic stay, such as that criminal proceedings against the debtor are not stayed. Upon consideration, the Court agrees with WGF that this matter must be stayed. Crosset Ford Lincoln, LLC's chapter 7 bankruptcy case, in which Plaintiff asserts claims to recover from WGF, commenced prior to May 8, 2018, when WGF commenced its Chapter 11 bankruptcy case. Plaintiff does not argue that a statutory exception applies to prevent the automatic stay. Thus, Title 11 provides for an automatic stay of this case pending the resolution of WGF's Chapter 11 bankruptcy case. The parties may move to reopen the matter after the resolution of WGF's Chapter 11 bankruptcy case. A copy of the Court's Order dated August 7, 2018 is available at https://bit.ly/2PoWNJc from Leagle.com. Renee S. Williams, Trustee, Plaintiff, represented by Thomas S. Streetman, Streetman, Meeks & Gibson, PLLC. World Global Financing, Inc., Defendant, represented by Charles Turner Coleman -- ccoleman@wlj.com -- Wright, Lindsey & Jennings LLP & Kimberly W. Tucker -- ktucker@wlj.com -- Wright, Lindsey & Jennings LLP. About World Global Financing World Global Financing Inc. -- http://www.wgfinancing.com/-- is a merchant cash advance provider that offers financing programs to businesses that perform well but cannot show it with financial statements, business owners with bad credit history and other newer businesses. The Company offers small business financing, bad credit business financing, business working capital, automotive business financing, beauty business financing, business equipment financing, commercial truck financing, gas station financing, healthcare business financing, heavy equipment financing, hotel/motel financing, restaurant business financing, retail store financing, and service business financing. World Global Financing is headquartered in Miami, Florida. World Global Financing Inc., based in Miami, FL, filed a Chapter 11 petition (Bankr. S.D. Fla. Case No. 18-15499) on May 8, 2018. In the petition signed by CEO Cyril Eskenazi, the Debtor estimated $10 million to $50 million in both assets and liabilities. The Hon. Jay A. Cristol presides over the case. Glenn D. Moses, Esq., at Genovese Joblove & Battista, P.A., serves as bankruptcy counsel. WW CONTRACTORS: Has Until Sept. 30 to Use FNB Cash Collateral ------------------------------------------------------------- Judge Brian F. Kenney of the U.S. Bankruptcy Court for the District of Maryland has issued a second interim order granting WW Contracting, Inc. authority to use the cash collateral of First National Bank of Pennsylvania during the period from Aug. 1, 2018 to 5:00 p.m. on Sept. 30, 2018 to pay its operating expenses set forth in the Budget. The Budget provides the following total monthly expenses: (i) August - $1,233,213; and (ii) September - $1,173,533. The Debtor acknowledges and agrees that: (i) as of the Petition Date, the amount owed by the Debtor to FNB under the Line of Credit and the Line of Credit Documents was $2,996,463, consisting of an outstanding principal balance of $2,996,067 and accrued interest of $3951, (ii) as of the Petition Date, the amount owed by the Debtor to FNB under the Term Loan and the Term Loan Documents was $448,879, consisting of an outstanding principal balance of $447,771, accrued interest of $639, and late charges of $469, (iii) the Loan Documents are valid, binding and enforceable against the Debtor; and (iv) FNB holds valid perfected liens and security interests in and against the Collateral to secure the Loans. As long as the Debtor is not in default under the Order, the Debtor will be entitled to use cash collateral in the ordinary course of its business for the purpose of paying its operating expenses set forth in the Budget. During the Interim Period, the Debtor may use cash collateral only for the purposes and amounts set forth in the Budget. In the event that the actual amount paid by the Debtor for any line item expense in the Budget exceeds the amount for such line item as set forth in the Budget by more than 10%, the Debtor will be in default under the Order, unless otherwise agreed to by FNB in writing. During the Interim Period, the Debtor will not use cash collateral to pay any dividends, distributions or other amounts to the Debtor's shareholders, directors and officers, other than ordinary wages set forth in the Budget. The Debtor will not increase the salary of any employee above the level in effect during the last pay period immediately preceding the Petition Date or change the method of calculating commission compensation from the method in effect immediately preceding the Petition Date. The Debtor's DIP Operating Account and the Debtor's DIP Payroll Account will be maintained by the Debtor at SunTrust Bank in accordance with the operating guidelines and reporting requirements issued by the Office of the United States Trustee. The Debtor will deposit all cash, checks, account receivable collections and other monies which the Debtor collects, receives and/or derives from the operation of its business or from the Collateral directly into the Debtor's DIP Operating Account. No costs or expenses of administration which have been or may be incurred in these proceedings during the Interim Period, or in any conversion of these proceedings pursuant to Section 1112 of the Bankruptcy Code, are or will be prior to or on a parity with the claims of FNB against the Debtor or any successor DIP or trustee, or with the security interests and liens which FNB holds against the Collateral; and no such costs or expenses of administration during the Interim Period will be imposed against FNB or the Collateral by the Debtor, other than quarterly fees that are due to the United States Trustee's Office. Subject to the provisions of Section 506 of the Bankruptcy Code, the interest will continue to accrue on the unpaid principal balance that is owed by the Debtor under the Loan Documents at the rate of interest specified therein until all amounts owed thereunder have been paid in full. The Debtor will maintain casualty insurance on the Collateral and will name FNB as a loss payee on all insurance policies insuring the Collateral. It will provide FNB with evidence of such insurance on demand. The Debtor will timely pay all payroll taxes and other taxes that it owes to any local, state or federal taxing authority. The Debtor will provide the following financial reporting to FNB: (a) On the fifth day of each month during the Interim Period, the Debtor will provide to FNB a current accounts receivable aging statement and a current accounts payable aging statement. (b) On the fifth day of each month during the Interim Period, the Debtor will provide FNB with (i) a detailed statement as to the Debtor's actual monthly expenses for the prior month as compared to each of the Debtor's projected monthly expenses as set forth in the Budget, and (ii) a detailed statement as to the Debtor's actual revenue collected for the prior month as compared to the Debtor’s projected monthly revenue as set forth in the Budget. (c) On each Monday during the Interim Period, the Debtor will provide FNB with (i) a copy of the Debtor's check register and bank account statements detailing all checks written the prior calendar week on the Debtor's DIP Accounts, including the copies of each check written by the Debtor, and (ii) a detailed list of all accounts receivable and other funds received or collected by the Debtor during the prior calendar week. (d) Beginning on Aug.13, 2018, and continuing on each Monday thereafter, the Debtor will provide FNB with a rolling 13-week cash flow projection in a form that is reasonably acceptable to FNB which will also include a comparison of the Debtor's actual weekly cash flow as compared to its projected weekly cash flow. (e) The Debtor will provide FNB with the monthly operating reports filed by the Debtor with the Court and all financial statements and other financial information required by the Loan Documents. (f) The Debtor will assemble its accounting and financing records at its place of business and provide FNB or its representatives access to its premises during regular business hours to inspect the books and records of the Debtor within 48 hours from the time a telephonic request is made by FNB. FNB will be entitled to conduct as many audits or field examinations of the Debtor and its books and records as FNB deems appropriate. (g) The Debtor will provide FNB with all financial information relating to the Debtor and/or the Collateral as FNB may reasonably request from the Debtor from time to time, including, without limitation, copies of all invoices submitted by the Debtor with respect to its accounts receivable and copies of any contract, subcontract or agreement to which the Debtor is a party. (h) All financial statements and financial information provided by the Debtor to FNB will have the signatures of an officer of the Debtor thereon and will contain a certification that the information contained therein is true, accurate and complete to the best of said officer's knowledge, information and belief. As additional adequate protection to FNB for the Debtor's use of FNB's cash collateral, the Debtor will make the following adequate protection payments to FNB during the Interim Period: (a) August Adequate Protection Payments: (i) On Aug. 1, 2018, the Debtor will deliver a payment in the amount of $9,374. to FNB, which such payment will be applied by FNB to reduce the amounts that are owed by the Debtor to FNB under the Term Loan Documents; (ii) On Aug. 1, 2018, the Debtor will deliver a payment in the amount of $20,000 to FNB, which such payment will be applied by FNB to reduce the amounts that are owed by the Debtor to FNB under the Line of Credit Loan Documents; and (iii) On Aug. 8, 2018, Aug. 15, 2018, Aug. 22, 2018 and Aug. 29, 2018, the Debtor will deliver a payment in the amount of $5,000 to FNB, which such payments will be applied by FNB to reduce the amounts that are owed by the Debtor to FNB under the Line of Credit Loan Documents. (b) September Adequate Protection Payments: (i) On Sept. 5, 2018, the Debtor will deliver a payment in the amount of $9,374 to FNB, which such payment will be applied by FNB to reduce the amounts that are owed by the Debtor to FNB under the Term Loan Documents; and (ii) On Sept. 5, 2018, Sept. 12, 2018, Sept. 19, 2018 and Sept. 26, 2018, the Debtor will deliver a payment in the amount of $12,500 to FNB, which such payments will be applied by FNB to reduce the amounts that are owed by the Debtor to FNB under the Line of Credit Loan Documents. A copy of the Budget attached to the Order is available for free at: http://bankrupt.com/misc/WW_Contractors_76_Order.pdf About WW Contractors Inc. WW Contractors, Inc. -- http://www.wwcontractors.com/-- is a facilities services firm, offering complete facilities maintenance, engineering, operations, custodial services, grounds/landscaping services, and project management services to federal government, local government, and private sector clients. WW Contractors was founded in 1986 as an electrical construction firm under the ownership and direction of Vietnam Era veteran Warren J. Wiggins. The company is headquartered in Baltimore, Maryland. WW Contractors sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Md. Case No. 18-17927) on June 12, 2018. In the petition signed by its president, Warren Wiggins, the Debtor estimated assets of less than $50,000 and debts between $1 million to $10 million. Jeffrey M. Sirody, Esq., at Jeffrey M. Sirody and Associates, P.A., is the Debtor's counsel. Pursuant to an order entered on June 14, 2018, the case was transferred to the U.S. Bankruptcy Court for the Eastern District of Virginia (Bankr. E.D. Va. Case No. 18-12095). X-TREME BULLETS: Committee Seeks to Hire Goldstein as Counsel ------------------------------------------------------------- The Official Committee of Unsecured Creditors of X-treme Bullets, Inc., and its debtor-affiliates seeks authorization from the U.S. Bankruptcy Court for the District of Nevada to retain Goldstein & McClintock LLLP as counsel to the Committee. The Committee requires Goldstein to: (a) advise the Committee on all legal issues as they arise; (b) represent and advise the Committee regarding the terms of any sales of assets or plans of reorganization or liquidation, and assisting the Committee in negotiations with the Debtors and other parties; (c) investigate the Debtors' assets and pre-bankruptcy conduct, as well as the pre-bankruptcy conduct of the Debtors' officers, directors and holders of equity interests; (d) analyze the liens, claims and security interests of any of the Debtors' secured creditors, and where appropriate, raising challenges on behalf of the Committee; (e) prepare, on behalf of the Committee, all necessary pleadings, reports, and other papers; (f) represent and advise the Committee in all proceedings in these cases; (g) assist and advise the Committee in its administration; and (h) provide such other services as are customarily provided by counsel to a creditors' committee in cases of this kind. Goldstein will be paid at these hourly rates: Partners $725 Associates $285 Legal Assistants $225 to $255 Goldstein will also be reimbursed for reasonable out-of-pocket expenses incurred. Thomas R. Fawkes, partner of Goldstein & McClintock LLLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. Goldstein can be reached at: Thomas R. Fawkes, Esq. Brian J. Jackiw, Esq. GOLDSTEIN & MCCLINTOCK LLLP 111 W. Washington St., Suite 1221 Chicago, IL 60602 Tel: (312) 337-7700 Fax: (312) 277-2305 About X-treme Bullets X-Treme Bullets, Inc., and its subsidiaries are in the business of manufacturing and selling small arms ammunition components, assembling ammunition, custom building ammunition manufacturing equipment, and repairing and refurbishing existing ammunition manufacturing equipment. They sell ammunition from company-owned brands, which they manufacture in-house, as well as ammunition from third-party brands, which they source as finished goods. They operate a production facility in Carson City, Nevada and operate four facilities in Idaho, including three production facilities and one distribution center. X-Treme Bullets and certain affiliates filed sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Nev. Case No. 18-50609) on June 8, 2018. In the petition signed by David Howell, president, the Debtor estimated assets and liabilities at $10 million to $50 million. The case is assigned to Judge Bruce T. Beesley. The Debtor tapped Harris Law Practice LLC as counsel, and Winthrop Couchot Golubow Hollander, LLP, as co-counsel. J. Michael Issa of GlassRatner Advisory & Capital Group, LLC, serves as chief restructuring officer. On July 23, 2018, the U.S. Trustee for Region 17 appointed an official committee of unsecured creditors in the case. The Committee retained Goldstein & McClintock LLLP, as counsel. XPO LOGISTICS: S&P Raises ICR to 'BB', Outlook Stable ----------------------------------------------------- S&P Global Ratings raised its issuer credit rating on XPO Logistics Inc. to 'BB' from 'BB-'. The outlook is stable. S&P said, "At the same time, we raised our issue-level rating on the company's senior secured term loan to 'BBB-' from 'BB+'. The '1' recovery rating is unchanged, indicating our expectation for very high (90%-100%; rounded estimate: 95%) recovery in the event of a payment default. "We also raised our issue-level rating on XPO's senior unsecured notes due 2022 and 2023 to 'BB' from 'BB-'. The '4' recovery rating is unchanged, indicating our expectation for average (30%-50%; rounded estimate: 30%) recovery in the event of a payment default. "Finally, we raised our issue-level rating on the company's senior unsecured debentures due 2034 to 'B+' from 'B'. The '6' recovery rating is unchanged, indicating our expectation for negligible (0%-10%; rounded estimate: 0%) recovery in the event of a payment default. "Our upgrade of XPO Logistics reflects the company's improved credit metrics and our expectation that the company will continue to experience organic growth through 2019. XPO has increased its EBITDA due in part to higher revenue, productivity improvements, and an improved mix of logistics contracts. On an adjusted basis, in 2017, EBITDA grew 8.7% over the previous year, and we expect growth in the low-teen percent area for 2018. This has resulted in strong free cash generation, which XPO has used to repay debt, most recently in July 2018, when it redeemed approximately $400 million of its senior unsecured notes due 2022. "The stable outlook on XPO reflects our belief that the company will continue to increase its revenue and earnings over the next 12 months, benefiting from the strong North American and European freight markets, as well as its investments in e-commerce fulfillment within its logistics segment. Absent any debt-financed acquisitions, which we do not incorporate into our base-case forecast, we expect debt-to-EBITDA to decline somewhat to the low-2x area in 2019 from the mid-2x area in 2018, while FFO-to-debt remains in the low-30% area over the same period. "We could lower our ratings on XPO over the next 12 months if the company's credit metrics declined such that debt-to-EBITDA increased above 4x and FFO-to-debt fell below 20% on a sustained basis. We believe that such a decline would most likely come from a large debt-financed acquisition. However, this could also occur from lower freight volumes in the U.S., potentially due to slower economic growth and lower trade volumes caused by more stringent global trade policies. "We believe an upgrade over the next 12 months is unlikely, as the company's stated strategy of pursuing significant debt-financed acquisitions precludes sustained deleveraging. However, we could consider a higher rating if the company changed its financial policy and remained supportive of existing credit metrics. Alternatively, we could also raise our ratings if the company's credit metrics improved such that debt-to-EBITDA fell below 2x and FFO-to-debt improved to above 45% on a sustained basis. This could occur if the company were able to achieve operational improvements through increased automation or increases its higher-margin contractual business." YWCA OF ESSEX: Dismissal of J. Feld Suit vs Orange Township Upheld ------------------------------------------------------------------ Plaintiff Jeffrey S. Feld, Esq., in the case captioned JEFFREY S. FELD, ESQ., Plaintiff-Appellant, v. THE CITY OF ORANGE TOWNSHIP, THE CITY OF ORANGE TOWNSHIP CITY COUNCIL, MUNICIPAL CLERK JOYCE L. LANIER, MAYOR DWAYNE D. WARREN, CITY ATTORNEY DAN S. SMITH, COUNCIL PRESIDENT DONNA K. WILLIAMS, and NORTH WARD COUNCILPERSON TENCY A. EASON, Defendants-Respondents, and JAY L. LUBETKIN, CHAPTER 11 TRUSTEE FOR THE BANKRUPTCY ESTATES OF YWCA OF ESSEX AND WEST HUDSON, INC., Defendant/Intervenor-Respondent, No. A-3449-15T1 (N.J. Super. App. Div.) appeals from orders that together dismissed his civil action in lieu of prerogative writs against defendants. The July 24, 2015 order found that City Ordinance 23-2015 was "constitutional" and "valid." That ordinance amended the City's procedural rules to allow members of the public to speak for a maximum of five minutes instead of ten on general issues, agenda items or second readings of ordinances. The Sept. 9, 2015 order denied plaintiff's request for a stay of enforcement of the comment limitation ordinance. The March 7, 2016 orders dismissed the remaining counts of plaintiff's complaint. After carefully reviewing the record and the applicable legal principle, the Superior Court of New Jersey, Appellate Division affirms all the orders. In this appeal, plaintiff claims that the trial court erred by dismissing the complaint. He alleges that the comment limitation ordinance affected his political free speech rights; that the court did not consider if that ordinance "left open ample alternative channels of communication"; that it was enacted without an evidentiary record; and that he has standing to challenge it. Plaintiff alleges that the challenged orders deprived him of equal access to justice. He claims he was denied due process because he could not cross-examine a witness. The Superior Court agrees with the trial court that plaintiff lacked standing to challenge the comment limitation ordinance. To have standing to sue under the common law, a litigant must have "a sufficient stake in the outcome of the litigation, a real adverseness with respect to the subject matter, and a substantial likelihood that the party will suffer harm in the event of an unfavorable decision." Plaintiff cannot meet this standard. He is not a resident or property or business owner in the City. In a prerogative writs action, a plaintiff must have a sufficient stake in the matter to challenge the governmental action. Plaintiff has not alleged a personal stake here. The Court also agrees with the trial judge that plaintiff did not overcome the validity of the ordinance. Actions of a municipal body are presumed valid and will not be disturbed without sufficient proof that the conduct was arbitrary, capricious or unreasonable. The burden of proof rests with the plaintiff who challenges the municipal action. The trial court properly rejected plaintiff's claims that the comment limitation ordinance suffered constitutional deficiency. The First Amendment right to speak freely, without censorship or suppression by the government, is subject to reasonable restrictions. The Court is also not persuaded that the court erred in dismissing plaintiff's claimed civil rights or Section 1983 violations. The gravamen of his claims under the Civil Rights Act and Section 1983 counts of the complaint (counts three and four) relate to the free speech issue that plaintiff contends is raised by Ordinance 23-2015. Since the Court affirmed the comment limitation ordinance, the Court agrees with the trial court that these counts were properly dismissed. He provided no factual basis to support any of the claimed violations. A full-text copy of the Court's Opinion dated August 8, 2018 is available at https://bit.ly/2w65UGB from Leagle.com. Jeffrey S. Feld, appellant, argued the cause pro se. Robert D. Kretzer argued the cause for respondents (Lamb Kretzer, LLC, attorneys; Robert D. Kretzer, on the brief). John J. Harmon argued the cause for intervenor-respondent (Rabinowitz, Lubetkin & Tully, LLC, attorneys; John J. Harmon, on the brief). About YWCA of Essex and West Hudson YWCA of Essex and West Hudson, Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case No. 13-27694) on August 12, 2013. The petition was signed by Donna K. Williams, president. At the time of the filing, the Debtor estimated assets of less than $50,000 and liabilities of less than $500,000. ZOHAR III: Exclusive Filing Period Extended Through January 2019 ---------------------------------------------------------------- The Hon. Christopher S. Sontchi of the U.S. Bankruptcy Court for the District of Delaware, at the behest of Zohar III, Corp. and its affiliated debtors, has extended the Exclusive Filing Period for each Debtor through and including January 9, 2019 and the Exclusive Solicitation Period for each Debtor through and including March 7, 2019. About Zohar III Corp. Zohar III, Corp., and its affiliates are investment funds structured as collateralized loan obligations. The Debtors sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Case Nos. 18-10512 to 18-10517) on March 11, 2018. In the petition signed by Lynn Tilton, director, the Debtors estimated $1 billion to $10 billion in assets and $500 million to $1 billion in liabilities. Young Conaway Stargatt & Taylor, LLP, is the Debtors' bankruptcy counsel. No official committee of unsecured creditors has been appointed in the Chapter 11 cases. [*] Discounted Tickets for 2018 Distressed Investing Conference! ---------------------------------------------------------------- Discounted tickets for Beard Group, Inc.'s Annual Distressed Investing 2018 Conference are available if you register by August 31. Your cost will be $695, a $200 savings. Visit https://www.distressedinvestingconference.com/ for registration details and information about this year's conference agenda as well as highlights from past conferences. Now on its 25th year, Beard Group's annual Distressed Investing conference is the oldest and most established New York restructuring conference. The day-long program will be held Monday, November 26, 2018, at The Harmonie Club, 4 E. 60th St. in Midtown Manhattan. For a quarter century, the focus of the conference has been on "Maximizing Profits in the Distressed Debt Market." The event also serves as a forum for leaders in corporate restructuring, lending and debt and equity investments to gather and discuss the latest topics and trends in the distressed investing industry, as well as exchange ideas about high-profile chapter 11 bankruptcy proceedings and out-of-court restructurings. They are distinguished professionals who place their resources and reputations at risk to produce stellar results by preserving jobs, rebuilding broken businesses, and efficiently redeploying underutilized assets in the marketplace. This year's conference will also feature: * A luncheon presentation of the Harvey K Miller Award to Edward I. Altman, Professor of Finance, Emeritus, New York University's Stern School of Business. (The award will be presented by last year's winner billionaire Marc Lasry, Altman's former student.) * Evening awards dinner recognizing the 12 Outstanding Restructuring Lawyers To learn how you can be a sponsor and participate in shaping the day-long program, contact: Bernard Tolliver at bernard@beardgroup.com or Tel: (240) 629-3300 x-149 To learn about media sponsorship opportunities to bring your outlet into the view of leaders in corporate restructuring, lending and debt and equity investments, and to expand your network of news sources, contact: Jeff Baxt at jeff@beardgroup.com or (240) 629-3300, ext 150 Beard Group, Inc., publishes Turnarounds & Workouts, Troubled Company Reporter, and Troubled Company Prospector. Visit http://bankrupt.com/freetrial/for a free trial subscription to one or more of Beard Group's corporate restructuring publications. [*] Thomas Allison Joins Portage Point as Senior Advisor -------------------------------------------------------- BankruptcyData.com reported that Portage Point Partners, LLC (Portage Point) announced that turnaround specialist Thomas J. Allison has joined the firm as a Senior Advisor. Chicago-based Portage Point, founded in 2016, serves as an interim management and advisory firm that partners with middle market companies. Matthew Ray, Managing Partner of Portage Point, commented, "Tom's world-class experience and capabilities as well as his extensive business network will be significant assets to Portage Point and our clients." Mr. Allison commented on his move, "Matt and I have worked so well together on many engagements over the years, and it is a natural progression for us to formalize that partnership. I am excited to be joining Portage Point as the firm continues to execute on substantial growth opportunities." Mr. Allison joins Portage Point from Mesirow Financial Consulting where he was Executive Vice President and Senior Managing Director. Prior to Mesirow, he was one of the original founders and National Restructuring Group Practice Leader for Huron Consulting as well as the Partner-in-Charge for Arthur Andersen’s Central Region Restructuring Practice. Mr Allison is a founder and past chairman of the Turnaround Management Association (TMA) and was inducted into the TMA Hall of Fame in 2018. He was also the 2017 recipient of the TMA Legend Award and the first recipient of the TMA Peter Tourtellot Award. Mr. Allison, who has been a Certified Turnaround Professional (CTP) since 1994, is currently a Director and Restructuring Committee member for The NORDAM Group, Director and Audit Committee Chair for Monroe Capital, Director, Board Chair and the Audit Committee Chair for Katy Industries and Director for PTC Group Holdings Corp. [^] Large Companies with Insolvent Balance Sheet ------------------------------------------------ Total Share- Total Total Holders' Working Assets Equity Capital Company Ticker ($MM) ($MM) ($MM) ------- ------ ------ -------- ------- ABBVIE INC ABBV US 61,641.0 (3,375.0) (3,379.0) ABBVIE INC 4AB QT 61,641.0 (3,375.0) (3,379.0) ABBVIE INC ABBVUSD EU 61,641.0 (3,375.0) (3,379.0) ABBVIE INC ABBVEUR EU 61,641.0 (3,375.0) (3,379.0) ABBVIE INC ABBV AV 61,641.0 (3,375.0) (3,379.0) ABBVIE INC 4AB GZ 61,641.0 (3,375.0) (3,379.0) ABBVIE INC 4AB TH 61,641.0 (3,375.0) (3,379.0) ABBVIE INC 4AB GR 61,641.0 (3,375.0) (3,379.0) ABBVIE INC ABBV* MM 61,641.0 (3,375.0) (3,379.0) ABSOLUTE SOFTWRE ABT CN 97.0 (56.5) (35.2) ABSOLUTE SOFTWRE OU1 GR 97.0 (56.5) (35.2) ABSOLUTE SOFTWRE ALSWF US 97.0 (56.5) (35.2) ABSOLUTE SOFTWRE ABT2EUR EU 97.0 (56.5) (35.2) AIMIA INC AIM CN 3,521.5 (190.9) (1,254.4) AIMIA INC GAPFF US 3,521.5 (190.9) (1,254.4) AMER RESTAUR-LP ICTPU US 33.5 (4.0) (6.2) AMERICA'S CAR-MA HC9 GR 455.6 (211.7) 354.4 AMERICA'S CAR-MA CRMT US 455.6 (211.7) 354.4 AMERICA'S CAR-MA CRMTEUR EU 455.6 (211.7) 354.4 AMERICAN AIRLINE A1G QT 52,622.0 (869.0) (7,493.0) AMERICAN AIRLINE AAL US 52,622.0 (869.0) (7,493.0) AMERICAN AIRLINE A1G GR 52,622.0 (869.0) (7,493.0) AMERICAN AIRLINE AAL* MM 52,622.0 (869.0) (7,493.0) AMERICAN AIRLINE AAL1USD EU 52,622.0 (869.0) (7,493.0) AMERICAN AIRLINE A1G TH 52,622.0 (869.0) (7,493.0) AMERICAN AIRLINE AAL TE 52,622.0 (869.0) (7,493.0) AMERICAN AIRLINE A1G SW 52,622.0 (869.0) (7,493.0) AMERICAN AIRLINE AAL1CHF EU 52,622.0 (869.0) (7,493.0) AMERICAN AIRLINE A1G GZ 52,622.0 (869.0) (7,493.0) AMERICAN AIRLINE AAL11EUR EU 52,622.0 (869.0) (7,493.0) AMERICAN AIRLINE AAL AV 52,622.0 (869.0) (7,493.0) AMYRIS INC 3A01 GR 118.7 (249.0) (91.8) AMYRIS INC 3A01 TH 118.7 (249.0) (91.8) AMYRIS INC AMRS US 118.7 (249.0) (91.8) AMYRIS INC AMRSUSD EU 118.7 (249.0) (91.8) AMYRIS INC AMRSEUR EU 118.7 (249.0) (91.8) AMYRIS INC 3A01 QT 118.7 (249.0) (91.8) AQUESTIVE THERAP AQST US 46.1 (22.4) 14.3 ASPEN TECHNOLOGY AST GR 264.9 (284.1) (371.1) ASPEN TECHNOLOGY AZPN US 264.9 (284.1) (371.1) ASPEN TECHNOLOGY AZPNUSD EU 264.9 (284.1) (371.1) ASPEN TECHNOLOGY AST QT 264.9 (284.1) (371.1) ASPEN TECHNOLOGY AST TH 264.9 (284.1) (371.1) ASPEN TECHNOLOGY AZPNEUR EU 264.9 (284.1) (371.1) ATLATSA RESOURCE ATL SJ 170.1 (210.5) 6.1 AUTODESK INC ADSK US 3,833.0 (241.6) (316.3) AUTODESK INC AUD TH 3,833.0 (241.6) (316.3) AUTODESK INC AUD GR 3,833.0 (241.6) (316.3) AUTODESK INC AUD QT 3,833.0 (241.6) (316.3) AUTODESK INC ADSKEUR EU 3,833.0 (241.6) (316.3) AUTODESK INC ADSKUSD EU 3,833.0 (241.6) (316.3) AUTODESK INC ADSK TE 3,833.0 (241.6) (316.3) AUTODESK INC AUD GZ 3,833.0 (241.6) (316.3) AUTODESK INC ADSK AV 3,833.0 (241.6) (316.3) AUTODESK INC ADSK* MM 3,833.0 (241.6) (316.3) AUTOZONE INC AZ5 GR 9,301.8 (1,361.6) (247.1) AUTOZONE INC AZ5 TH 9,301.8 (1,361.6) (247.1) AUTOZONE INC AZO US 9,301.8 (1,361.6) (247.1) AUTOZONE INC AZOEUR EU 9,301.8 (1,361.6) (247.1) AUTOZONE INC AZ5 QT 9,301.8 (1,361.6) (247.1) AUTOZONE INC AZOUSD EU 9,301.8 (1,361.6) (247.1) AVALARA INC AVLR US 352.7 142.2 66.3 AVID TECHNOLOGY AVID US 254.0 (176.9) 3.8 AVID TECHNOLOGY AVD GR 254.0 (176.9) 3.8 BENEFITFOCUS INC BNFT US 181.3 (27.5) (2.3) BENEFITFOCUS INC BTF GR 181.3 (27.5) (2.3) BENEFITFOCUS INC BNFTEUR EU 181.3 (27.5) (2.3) BLOOM ENERGY C-A BE US 1,157.7 (564.8) 142.1 BLOOM ENERGY C-A 1ZB GR 1,157.7 (564.8) 142.1 BLOOM ENERGY C-A 1ZB QT 1,157.7 (564.8) 142.1 BLUE BIRD CORP BLBD US 331.5 (44.5) 10.8 BLUE RIDGE MOUNT BRMR US 1,060.2 (212.5) (62.4) BOEING CO-BDR BOEI34 BZ 113,195.0 (1,374.0) 8,676.0 BOEING CO-CED BA AR 113,195.0 (1,374.0) 8,676.0 BOEING CO/THE BOE LN 113,195.0 (1,374.0) 8,676.0 BOEING CO/THE BCO TH 113,195.0 (1,374.0) 8,676.0 BOEING CO/THE BACHF EU 113,195.0 (1,374.0) 8,676.0 BOEING CO/THE BOEI BB 113,195.0 (1,374.0) 8,676.0 BOEING CO/THE BA US 113,195.0 (1,374.0) 8,676.0 BOEING CO/THE BA SW 113,195.0 (1,374.0) 8,676.0 BOEING CO/THE BA* MM 113,195.0 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CORP MDO GR 32,708.4 (5,851.0) 1,385.3 MCDONALDS CORP MCD* MM 32,708.4 (5,851.0) 1,385.3 MCDONALDS CORP MCD TE 32,708.4 (5,851.0) 1,385.3 MCDONALDS CORP MDO TH 32,708.4 (5,851.0) 1,385.3 MCDONALDS CORP MDO QT 32,708.4 (5,851.0) 1,385.3 MCDONALDS CORP MCDCHF EU 32,708.4 (5,851.0) 1,385.3 MCDONALDS CORP MCDUSD EU 32,708.4 (5,851.0) 1,385.3 MCDONALDS CORP MCDUSD SW 32,708.4 (5,851.0) 1,385.3 MCDONALDS CORP MCDEUR EU 32,708.4 (5,851.0) 1,385.3 MCDONALDS CORP MDO GZ 32,708.4 (5,851.0) 1,385.3 MCDONALDS CORP MCD AV 32,708.4 (5,851.0) 1,385.3 MCDONALDS CORP MCD CI 32,708.4 (5,851.0) 1,385.3 MCDONALDS-CEDEAR MCD AR 32,708.4 (5,851.0) 1,385.3 MDC PARTNERS-A MD7A GR 1,788.6 (97.6) (177.0) MDC PARTNERS-A MDCA US 1,788.6 (97.6) (177.0) MDC PARTNERS-A MDCAEUR EU 1,788.6 (97.6) (177.0) MEDLEY MANAGE-A MDLY US 94.2 (54.1) 13.7 MICHAELS COS INC MIK US 2,313.5 (1,483.9) 743.9 MICHAELS COS INC MIM GR 2,313.5 (1,483.9) 743.9 MONEYGRAM INTERN 9M1N GR 4,526.8 (236.6) (52.3) MONEYGRAM INTERN MGI US 4,526.8 (236.6) (52.3) MONEYGRAM INTERN 9M1N QT 4,526.8 (236.6) (52.3) MONEYGRAM INTERN MGIUSD EU 4,526.8 (236.6) (52.3) MONEYGRAM INTERN 9M1N TH 4,526.8 (236.6) (52.3) MONEYGRAM INTERN MGIEUR EU 4,526.8 (236.6) (52.3) MOTOROLA SOLUTIO MOT TE 8,881.0 (1,492.0) 659.0 MOTOROLA SOLUTIO MSI US 8,881.0 (1,492.0) 659.0 MOTOROLA SOLUTIO MTLA TH 8,881.0 (1,492.0) 659.0 MOTOROLA SOLUTIO MTLA QT 8,881.0 (1,492.0) 659.0 MOTOROLA SOLUTIO MTLA GR 8,881.0 (1,492.0) 659.0 MOTOROLA SOLUTIO MSI1EUR EU 8,881.0 (1,492.0) 659.0 MOTOROLA SOLUTIO MTLA GZ 8,881.0 (1,492.0) 659.0 MSG NETWORKS- A MSGN US 849.6 (657.7) 227.2 MSG NETWORKS- A 1M4 TH 849.6 (657.7) 227.2 MSG NETWORKS- A 1M4 GR 849.6 (657.7) 227.2 MSG NETWORKS- A 1M4 QT 849.6 (657.7) 227.2 MSG NETWORKS- A MSGNEUR EU 849.6 (657.7) 227.2 NATERA INC NTRA US 194.4 (22.0) 67.2 NATERA INC 45E GR 194.4 (22.0) 67.2 NATHANS FAMOUS NATH US 79.4 (82.9) 58.3 NATHANS FAMOUS NFA GR 79.4 (82.9) 58.3 NATIONAL CINEMED NCMI US 1,132.7 (95.1) 100.6 NATIONAL CINEMED XWM GR 1,132.7 (95.1) 100.6 NATIONAL CINEMED NCMIEUR EU 1,132.7 (95.1) 100.6 NAVISTAR INTL IHR GR 6,487.0 (4,527.0) 456.0 NAVISTAR INTL NAV US 6,487.0 (4,527.0) 456.0 NAVISTAR INTL IHR TH 6,487.0 (4,527.0) 456.0 NAVISTAR INTL NAVEUR EU 6,487.0 (4,527.0) 456.0 NAVISTAR INTL NAVUSD EU 6,487.0 (4,527.0) 456.0 NAVISTAR INTL IHR GZ 6,487.0 (4,527.0) 456.0 NAVISTAR INTL IHR QT 6,487.0 (4,527.0) 456.0 NEOS THERAPEUTIC NEOS US 84.0 (18.6) 3.9 NEURONETICS INC STIM US 28.3 (18.1) 11.2 NEW ENG RLTY-LP NEN US 253.8 (35.6) - NII HOLDINGS INC NIHDEUR EU 966.0 (159.4) 132.4 NII HOLDINGS INC NIHD US 966.0 (159.4) 132.4 NII HOLDINGS INC NJJA GR 966.0 (159.4) 132.4 NORTHERN OIL AND NOG US 883.1 (147.8) 118.0 NORTHERN OIL AND NOG1USD EU 883.1 (147.8) 118.0 OMEROS CORP OMER US 106.3 (56.3) 72.1 OMEROS CORP 3O8 GR 106.3 (56.3) 72.1 OMEROS CORP OMERUSD EU 106.3 (56.3) 72.1 OMEROS CORP 3O8 TH 106.3 (56.3) 72.1 OMEROS CORP OMEREUR EU 106.3 (56.3) 72.1 OPTIVA INC OPT CN 158.9 (16.7) 21.9 OPTIVA INC RKNEF US 158.9 (16.7) 21.9 OPTIVA INC RE6 GR 158.9 (16.7) 21.9 OPTIVA INC 3230510Q EU 158.9 (16.7) 21.9 OPTIVA INC RKNEUR EU 158.9 (16.7) 21.9 PAPA JOHN'S INTL PP1 GR 558.2 (243.0) 11.9 PAPA JOHN'S INTL PZZA US 558.2 (243.0) 11.9 PAPA JOHN'S INTL PZZAEUR EU 558.2 (243.0) 11.9 PHILIP MORRIS IN PM1 EU 40,721.0 (10,168.0) 2,587.0 PHILIP MORRIS IN 4I1 GR 40,721.0 (10,168.0) 2,587.0 PHILIP MORRIS IN PM US 40,721.0 (10,168.0) 2,587.0 PHILIP MORRIS IN PM1CHF EU 40,721.0 (10,168.0) 2,587.0 PHILIP MORRIS IN 4I1 TH 40,721.0 (10,168.0) 2,587.0 PHILIP MORRIS IN PM1 TE 40,721.0 (10,168.0) 2,587.0 PHILIP MORRIS IN PM1EUR EU 40,721.0 (10,168.0) 2,587.0 PHILIP MORRIS IN PMI SW 40,721.0 (10,168.0) 2,587.0 PHILIP MORRIS IN PMI EB 40,721.0 (10,168.0) 2,587.0 PHILIP MORRIS IN PMI1 IX 40,721.0 (10,168.0) 2,587.0 PHILIP MORRIS IN 4I1 QT 40,721.0 (10,168.0) 2,587.0 PHILIP MORRIS IN PMOR AV 40,721.0 (10,168.0) 2,587.0 PHILIP MORRIS IN 4I1 GZ 40,721.0 (10,168.0) 2,587.0 PINNACLE ENTERTA PNK US 3,859.0 (281.5) (33.6) PINNACLE ENTERTA 65P GR 3,859.0 (281.5) (33.6) PLANET FITNESS-A PLNT1USD EU 1,124.7 (91.2) 104.2 PLANET FITNESS-A PLNT US 1,124.7 (91.2) 104.2 PLANET FITNESS-A 3PL TH 1,124.7 (91.2) 104.2 PLANET FITNESS-A 3PL GR 1,124.7 (91.2) 104.2 PLANET FITNESS-A 3PL QT 1,124.7 (91.2) 104.2 PLANET FITNESS-A PLNT1EUR EU 1,124.7 (91.2) 104.2 PLURALSIGHT IN-A PS US 416.2 239.9 97.3 PROS HOLDINGS IN PRO US 281.4 (68.7) 74.6 PROS HOLDINGS IN PH2 GR 281.4 (68.7) 74.6 PROS HOLDINGS IN PRO1EUR EU 281.4 (68.7) 74.6 QUEBECOR INC-A QBR/A CN 9,142.5 (339.1) (1,076.3) QUEBECOR INC-B QB3 GR 9,142.5 (339.1) (1,076.3) QUEBECOR INC-B QBCRF US 9,142.5 (339.1) (1,076.3) QUEBECOR INC-B QBR/B CN 9,142.5 (339.1) (1,076.3) REATA PHARMACE-A RETAEUR EU 174.7 (167.9) 116.7 REATA PHARMACE-A RETA US 174.7 (167.9) 116.7 REATA PHARMACE-A 2R3 GR 174.7 (167.9) 116.7 RESOLUTE ENERGY REN US 826.6 (82.8) (152.0) RESOLUTE ENERGY R21 GR 826.6 (82.8) (152.0) RESOLUTE ENERGY RENEUR EU 826.6 (82.8) (152.0) RESVERLOGIX CORP RVX CN 8.6 (78.5) (34.5) REVLON INC-A RVL1 GR 3,091.9 (980.7) 6.7 REVLON INC-A REV US 3,091.9 (980.7) 6.7 REVLON INC-A REVUSD EU 3,091.9 (980.7) 6.7 REVLON INC-A REVEUR EU 3,091.9 (980.7) 6.7 REVLON INC-A RVL1 TH 3,091.9 (980.7) 6.7 RIMINI STREET IN RMNIU US 119.5 (229.9) (131.1) RIMINI STREET IN RMNI US 119.5 (229.9) (131.1) ROSETTA STONE IN RS8 TH 169.2 (4.2) (63.3) ROSETTA STONE IN RS8 GR 169.2 (4.2) (63.3) ROSETTA STONE IN RST US 169.2 (4.2) (63.3) ROSETTA STONE IN RST1USD EU 169.2 (4.2) (63.3) ROSETTA STONE IN RST1EUR EU 169.2 (4.2) (63.3) RR DONNELLEY & S DLLN TH 3,653.8 (247.5) 673.5 RR DONNELLEY & S DLLN GR 3,653.8 (247.5) 673.5 RR DONNELLEY & S RRD US 3,653.8 (247.5) 673.5 RR DONNELLEY & S RRDUSD EU 3,653.8 (247.5) 673.5 RR DONNELLEY & S RRDEUR EU 3,653.8 (247.5) 673.5 SALLY BEAUTY HOL S7V GR 2,095.7 (326.2) 615.4 SALLY BEAUTY HOL SBH US 2,095.7 (326.2) 615.4 SALLY BEAUTY HOL SBHEUR EU 2,095.7 (326.2) 615.4 SANCHEZ ENERGY C SN* MM 2,904.4 (67.7) 58.6 SANCHEZ ENERGY C SNUSD EU 2,904.4 (67.7) 58.6 SBA COMM CORP 4SB GR 7,289.4 (3,042.1) 49.1 SBA COMM CORP SBAC US 7,289.4 (3,042.1) 49.1 SBA COMM CORP SBACEUR EU 7,289.4 (3,042.1) 49.1 SBA COMM CORP SBACUSD EU 7,289.4 (3,042.1) 49.1 SBA COMM CORP 4SB GZ 7,289.4 (3,042.1) 49.1 SBA COMM CORP SBJ TH 7,289.4 (3,042.1) 49.1 SCIENTIFIC GAMES TJW TH 7,612.9 (2,268.4) 630.9 SCIENTIFIC GAMES TJW GZ 7,612.9 (2,268.4) 630.9 SCIENTIFIC GAMES SGMS US 7,612.9 (2,268.4) 630.9 SCIENTIFIC GAMES SGMSUSD EU 7,612.9 (2,268.4) 630.9 SCIENTIFIC GAMES TJW GR 7,612.9 (2,268.4) 630.9 SEALED AIR CORP SDA GR 4,859.2 (372.4) 156.9 SEALED AIR CORP SEE US 4,859.2 (372.4) 156.9 SEALED AIR CORP SDA QT 4,859.2 (372.4) 156.9 SEALED AIR CORP SEE1EUR EU 4,859.2 (372.4) 156.9 SEALED AIR CORP SDA TH 4,859.2 (372.4) 156.9 SERES THERAPEUTI MCRB US 133.0 (13.3) 64.8 SERES THERAPEUTI MCRB1EUR EU 133.0 (13.3) 64.8 SERES THERAPEUTI 1S9 GR 133.0 (13.3) 64.8 SHELL MIDSTREAM 49M GR 1,870.4 (320.8) 177.1 SHELL MIDSTREAM 49M TH 1,870.4 (320.8) 177.1 SHELL MIDSTREAM SHLX US 1,870.4 (320.8) 177.1 SHELL MIDSTREAM 49M QT 1,870.4 (320.8) 177.1 SIGA TECH INC SIGA US 128.3 (341.3) (258.9) SIRIUS XM HOLDIN RDO GR 8,299.2 (1,370.6) (2,462.2) SIRIUS XM HOLDIN RDO TH 8,299.2 (1,370.6) (2,462.2) SIRIUS XM HOLDIN RDO QT 8,299.2 (1,370.6) (2,462.2) SIRIUS XM HOLDIN SIRI US 8,299.2 (1,370.6) (2,462.2) SIRIUS XM HOLDIN SIRIUSD EU 8,299.2 (1,370.6) (2,462.2) SIRIUS XM HOLDIN SIRI TE 8,299.2 (1,370.6) (2,462.2) SIRIUS XM HOLDIN SIRIEUR EU 8,299.2 (1,370.6) (2,462.2) SIRIUS XM HOLDIN RDO GZ 8,299.2 (1,370.6) (2,462.2) SIRIUS XM HOLDIN SIRI AV 8,299.2 (1,370.6) (2,462.2) SIX FLAGS ENTERT SIX US 2,610.4 (152.0) (253.4) SIX FLAGS ENTERT 6FE GR 2,610.4 (152.0) (253.4) SIX FLAGS ENTERT SIXEUR EU 2,610.4 (152.0) (253.4) SLEEP NUMBER COR SL2 GR 470.4 (21.2) (251.8) SLEEP NUMBER COR SNBR US 470.4 (21.2) (251.8) SLEEP NUMBER COR SNBREUR EU 470.4 (21.2) (251.8) SONIC CORP SONC US 545.5 (273.3) 45.6 SONIC CORP SO4 GR 545.5 (273.3) 45.6 SONIC CORP SONCEUR EU 545.5 (273.3) 45.6 SONIC CORP SO4 TH 545.5 (273.3) 45.6 SONIC CORP SONCUSD EU 545.5 (273.3) 45.6 STARCO BRANDS IN STCB US 0.1 (0.8) (0.8) TAILORED BRANDS TLRDEUR EU 1,945.8 (37.2) 540.2 TAILORED BRANDS WRM TH 1,945.8 (37.2) 540.2 TAILORED BRANDS TLRDUSD EU 1,945.8 (37.2) 540.2 TAILORED BRANDS TLRD US 1,945.8 (37.2) 540.2 TAILORED BRANDS WRM GR 1,945.8 (37.2) 540.2 TAILORED BRANDS TLRD* MM 1,945.8 (37.2) 540.2 TAUBMAN CENTERS TCO US 4,362.2 (201.4) - TAUBMAN CENTERS TU8 GR 4,362.2 (201.4) - TENABLE HOLDINGS TENB US 155.6 (106.9) (82.0) TENABLE HOLDINGS TE7 GR 155.6 (106.9) (82.0) TENABLE HOLDINGS TE7 GZ 155.6 (106.9) (82.0) TENABLE HOLDINGS TE7 TH 155.6 (106.9) (82.0) TENABLE HOLDINGS TE7 QT 155.6 (106.9) (82.0) TESARO INC TSRO US 810.5 (21.5) 573.2 TESARO INC TSROUSD EU 810.5 (21.5) 573.2 TESARO INC TSROEUR EU 810.5 (21.5) 573.2 TESARO INC T8S QT 810.5 (21.5) 573.2 TESARO INC T8S TH 810.5 (21.5) 573.2 TESARO INC T8S GR 810.5 (21.5) 573.2 TOWN SPORTS INTE CLUB US 255.8 (72.5) (7.4) TOWN SPORTS INTE T3D GR 255.8 (72.5) 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UNISYS CORP UIS1 SW 2,370.9 (1,244.1) 413.1 UNISYS CORP UISEUR EU 2,370.9 (1,244.1) 413.1 UNISYS CORP UISCHF EU 2,370.9 (1,244.1) 413.1 UNISYS CORP UIS EU 2,370.9 (1,244.1) 413.1 UNISYS CORP USY1 GZ 2,370.9 (1,244.1) 413.1 UNISYS CORP USY1 QT 2,370.9 (1,244.1) 413.1 UNITI GROUP INC UNIT US 4,471.7 (1,289.8) - UNITI GROUP INC 8XC GR 4,471.7 (1,289.8) - UNITI GROUP INC CSALUSD EU 4,471.7 (1,289.8) - VALVOLINE INC VVVUSD EU 1,849.0 (288.0) 365.0 VALVOLINE INC 0V4 GR 1,849.0 (288.0) 365.0 VALVOLINE INC 0V4 TH 1,849.0 (288.0) 365.0 VALVOLINE INC VVVEUR EU 1,849.0 (288.0) 365.0 VALVOLINE INC 0V4 QT 1,849.0 (288.0) 365.0 VALVOLINE INC VVV US 1,849.0 (288.0) 365.0 VECTOR GROUP LTD VGR US 1,333.9 (428.7) 164.9 VECTOR GROUP LTD VGR GR 1,333.9 (428.7) 164.9 VECTOR GROUP LTD VGR QT 1,333.9 (428.7) 164.9 VECTOR GROUP LTD VGREUR EU 1,333.9 (428.7) 164.9 VERISIGN INC VRS GR 1,911.6 (1,381.0) 307.7 VERISIGN INC VRSN US 1,911.6 (1,381.0) 307.7 VERISIGN INC VRS TH 1,911.6 (1,381.0) 307.7 VERISIGN INC VRS QT 1,911.6 (1,381.0) 307.7 VERISIGN INC VRSN* MM 1,911.6 (1,381.0) 307.7 VERISIGN INC VRSNEUR EU 1,911.6 (1,381.0) 307.7 VERISIGN INC VRS GZ 1,911.6 (1,381.0) 307.7 W&T OFFSHORE INC UWV GR 958.2 (507.4) (55.7) W&T OFFSHORE INC WTI US 958.2 (507.4) (55.7) W&T OFFSHORE INC WTI1EUR EU 958.2 (507.4) (55.7) WAYFAIR INC- A W US 1,287.3 (195.5) (96.3) WAYFAIR INC- A 1WF GR 1,287.3 (195.5) (96.3) WAYFAIR INC- A 1WF TH 1,287.3 (195.5) (96.3) WAYFAIR INC- A WEUR EU 1,287.3 (195.5) (96.3) WAYFAIR INC- A WUSD EU 1,287.3 (195.5) (96.3) WAYFAIR INC- A 1WF QT 1,287.3 (195.5) (96.3) WEIGHT WATCHERS WW6 GR 1,336.6 (923.0) (88.2) WEIGHT WATCHERS WTW US 1,336.6 (923.0) (88.2) WEIGHT WATCHERS WTWEUR EU 1,336.6 (923.0) (88.2) WEIGHT WATCHERS WW6 QT 1,336.6 (923.0) (88.2) WEIGHT WATCHERS WW6 TH 1,336.6 (923.0) (88.2) WEIGHT WATCHERS WTWUSD EU 1,336.6 (923.0) (88.2) WEIGHT WATCHERS WW6 GZ 1,336.6 (923.0) (88.2) WESTERN UNION W3U TH 9,115.6 (451.3) (813.3) WESTERN UNION W3U GR 9,115.6 (451.3) (813.3) WESTERN UNION WU US 9,115.6 (451.3) (813.3) WESTERN UNION W3U QT 9,115.6 (451.3) (813.3) WESTERN UNION W3U GZ 9,115.6 (451.3) (813.3) WESTERN UNION WUEUR EU 9,115.6 (451.3) (813.3) WIDEOPENWEST INC WOW1EUR EU 2,196.8 (422.4) (95.7) WIDEOPENWEST INC WU5 QT 2,196.8 (422.4) (95.7) WIDEOPENWEST INC WU5 GR 2,196.8 (422.4) (95.7) WIDEOPENWEST INC WU5 TH 2,196.8 (422.4) (95.7) WIDEOPENWEST INC WOW US 2,196.8 (422.4) (95.7) WINDSTREAM HOLDI WIN US 10,839.8 (1,406.5) (406.3) WINDSTREAM HOLDI B4O2 TH 10,839.8 (1,406.5) (406.3) WINDSTREAM HOLDI B4O2 GR 10,839.8 (1,406.5) (406.3) WINDSTREAM HOLDI WIN2USD EU 10,839.8 (1,406.5) (406.3) WINGSTOP INC WING US 124.1 (140.7) (6.7) WINGSTOP INC WING1EUR EU 124.1 (140.7) (6.7) WINGSTOP INC EWG GR 124.1 (140.7) (6.7) WINMARK CORP WINA US 48.8 (20.8) 7.9 WINMARK CORP GBZ GR 48.8 (20.8) 7.9 WORKIVA INC WK US 181.7 (17.7) (21.7) WORKIVA INC 0WKA GR 181.7 (17.7) (21.7) WORKIVA INC WKEUR EU 181.7 (17.7) (21.7) WYNDHAM DESTINAT WD5 TH 7,075.0 (520.0) (138.0) WYNDHAM DESTINAT WYND US 7,075.0 (520.0) (138.0) WYNDHAM DESTINAT WD5 GR 7,075.0 (520.0) (138.0) WYNDHAM DESTINAT WD5 QT 7,075.0 (520.0) (138.0) WYNDHAM DESTINAT WYNEUR EU 7,075.0 (520.0) (138.0) WYNDHAM DESTINAT WYNUSD EU 7,075.0 (520.0) (138.0) XERIUM TECHNOLOG TXRN GR 547.2 (151.0) 72.0 XERIUM TECHNOLOG XRM US 547.2 (151.0) 72.0 YELLOW PAGES LTD YMI GR 544.3 (182.3) 70.9 YELLOW PAGES LTD YEUR EU 544.3 (182.3) 70.9 YELLOW PAGES LTD YLWDF US 544.3 (182.3) 70.9 YELLOW PAGES LTD Y CN 544.3 (182.3) 70.9 YRC WORLDWIDE IN YEL1 GR 1,644.5 (344.1) 182.2 YRC WORLDWIDE IN YRCW US 1,644.5 (344.1) 182.2 YRC WORLDWIDE IN YEL1 TH 1,644.5 (344.1) 182.2 YRC WORLDWIDE IN YRCWUSD EU 1,644.5 (344.1) 182.2 YRC WORLDWIDE IN YEL1 QT 1,644.5 (344.1) 182.2 YRC WORLDWIDE IN YRCWEUR EU 1,644.5 (344.1) 182.2 YUM! BRANDS INC TGR TH 4,326.0 (7,247.0) 279.0 YUM! BRANDS INC TGR GR 4,326.0 (7,247.0) 279.0 YUM! BRANDS INC YUM US 4,326.0 (7,247.0) 279.0 YUM! BRANDS INC YUMEUR EU 4,326.0 (7,247.0) 279.0 YUM! BRANDS INC TGR QT 4,326.0 (7,247.0) 279.0 YUM! BRANDS INC YUMCHF EU 4,326.0 (7,247.0) 279.0 YUM! BRANDS INC YUM SW 4,326.0 (7,247.0) 279.0 YUM! BRANDS INC YUMUSD SW 4,326.0 (7,247.0) 279.0 YUM! BRANDS INC YUMUSD EU 4,326.0 (7,247.0) 279.0 YUM! BRANDS INC TGR GZ 4,326.0 (7,247.0) 279.0 ********* Monday's edition of the TCR delivers a list of indicative prices for bond issues that reportedly trade well below par. Prices are obtained by TCR editors from a variety of outside sources during the prior week we think are reliable. Those sources may not, however, be complete or accurate. The Monday Bond Pricing table is compiled on the Friday prior to publication. Prices reported are not intended to reflect actual trades. Prices for actual trades are probably different. Our objective is to share information, not make markets in publicly traded securities. Nothing in the TCR constitutes an offer or solicitation to buy or sell any security of any kind. It is likely that some entity affiliated with a TCR editor holds some position in the issuers public debt and equity securities about which we report. Each Tuesday edition of the TCR contains a list of companies with insolvent balance sheets whose shares trade higher than $3 per share in public markets. At first glance, this list may look like the definitive compilation of stocks that are ideal to sell short. Don't be fooled. Assets, for example, reported at historical cost net of depreciation may understate the true value of a firm's assets. A company may establish reserves on its balance sheet for liabilities that may never materialize. The prices at which equity securities trade in public market are determined by more than a balance sheet solvency test. On Thursdays, the TCR delivers a list of recently filed Chapter 11 cases involving less than $1,000,000 in assets and liabilities delivered to nation's bankruptcy courts. The list includes links to freely downloadable images of these small-dollar petitions in Acrobat PDF format. Each Friday's edition of the TCR includes a review about a book of interest to troubled company professionals. All titles are available at your local bookstore or through Amazon.com. Go to http://www.bankrupt.com/books/to order any title today. Monthly Operating Reports are summarized in every Saturday edition of the TCR. The Sunday TCR delivers securitization rating news from the week then-ending. TCR subscribers have free access to our on-line news archive. Point your Web browser to http://TCRresources.bankrupt.com/and use the e-mail address to which your TCR is delivered to login. ********* S U B S C R I P T I O N I N F O R M A T I O N Troubled Company Reporter is a daily newsletter co-published by Bankruptcy Creditors Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Jhonas Dampog, Marites Claro, Joy Agravante, Rousel Elaine Tumanda, Valerie Udtuhan, Howard C. Tolentino, Carmel Paderog, Meriam Fernandez, Joel Anthony G. Lopez, Cecil R. Villacampa, Sheryl Joy P. Olano, Psyche A. Castillon, Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2018. All rights reserved. ISSN: 1520-9474. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The TCR subscription rate is $975 for 6 months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***